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HomeMy WebLinkAboutPC ReportTitle: Item no. November 18, 2013 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A DRIVE -THROUGH COFFEE SHOP LOCATED AT 404 MILE OF CARS WAY. Case File No.: 2013-22 CUP Property Location: Southport Business Center Assessor's Parcel No.: 562-340-15 Staff report by: Martin Reeder, AICP — Principal Planner Applicant: HG Fenton Company Zoning designation: Major Mixed -Use Corridor (MXC-2) Project size: 3.12 acres Adjacent land use/zoning: North: Office Building/ITT Tech across Mile of Cars Way / MCR-2 (Multi -Use Commercial -Residential) East: Office Use / MXC-2 South: Southport Business Center / MXC-2 and IL (Light Industrial) West: Denny's across Southport Way / MXC-2 Environmental review: Categorically Exempt pursuant to Class 1 Section 15311 (Accessory' Structures) BACKGROUND Site Characteristics The 3.12-acre project site is developed with three separate buildings comprising 34,019 square feet of !leasable space. There are 140 parking spaces located on the lot. The property is part of the Southport Business Center located south of Mile of Cars Way and west of Hoover Avenue, and is within the MXC-2 (Major Mixed -Use Corridor) zone. Other tenants include offices, restaurants, and a deli. The building in which the subject suite is located is 6,000 square feet in size. The suite itself is 2,000 square feet and located on the north end of the building, adjacent to Mile of Cars Way (see Exhibit "A"). Proposal The applicant is proposing to remodel the 2,000 square -foot commercial suite to accommodate a new retail coffee business. The design incorporates a new drive - through aisle and ordering window, which requires a Conditional Use Permit (CUP). Analysis The retail use (coffee shop) is a permitted use within the MXC-2 zone. However, businesses with a drive -through require the issuance of a CUP. In addition, Chapter 18.41 — Site Planning Standards — has specific design requirements for drive -through businesses, including: • Minimum queuing distances (established by CUP). • Minimum 25-foot interior turning radius for drive -through aisles. • Location of drive -through window and landscaping requirements. The site plan shows approximately 60 feet of vehicle queuing distance prior to the ordering/menu board, with another 100 feet to the pick-up window. The drive -through aisle begins at the northwest corner of the parking lot and exits behind the south end of the building near Southport Way. In order to accommodate the aisle ingress and egress points, four parking spaces were vacated; two at the entrance and two at the exit. The proposed pick-up window is on the west side of the building at the back of the subject suite. Although the overall queuing distance is approximately 160 feet, the short distance between the aisle entry and ordering board (approximately three car lengths) may not provide for efficient vehicle queuing during peak periods of traffic, potentially resulting in overflow into adjacent parking areas. The peak times for this type of use are generally in the early morning hours when other businesses are not open; therefore, overflow may not be as much of an issue. In order to address any potential overflow issues, a condition of approval has been added to require future staff review of potential overflow issues. The condition includes a caveat for potential modification of the drive -through layout if problems related to parking, property ingress/egress, or street operations are noted as a result of business operations. The turning radius of the aisle is 25 feet, which is consistent with the Land Use Code. The Land Use Code states that a drive -through window may not be located between the right-of-way and the building without a minimum 10-foot wide landscape buffer. The buffer shall have a minimum three-foot high hedge with trees spaced at least every 20 feet. The landscape plan for the project is consistent with these requirements and is conditioned to be included with pians submitted for construction. Parking/Circulation The proposed design utilizes the existing parking lot layout, removing four parking spaces — two at the entrance and two at the exit — leaving 136. Southport Business Center was built as an office complex and was subject to office parking requirements. Office parking is calculated using a sliding scale, requiring less parking per square -foot the larger the floor area. Based on this scale, 34,019 square feet of office would require 123 parking spaces, less than is provided after the reduction in this case. According to SANDAG (San Diego Association of Governments) data, a 2,000 square - foot fast food restaurant (closest comparison) with a drive -through would generate approximately 1,300 average daily trips (ADT). Access to and from the site is provided by Mile of Cars Way, an arterial street operating at a Level of Service (LOS) of B. According to the General Plan, the addition of 1,300 ADT would not increase capacities so as to decrease the current LOS. The current ADT capacity of Mile of Cars Way is 40,000 with a current ADT of 17,000. The applicant also provided a traffic study authored by Urban Systems Associates, Inc., which estimated approximately 1,220 ADT generated by the business, which is consistent with and under the SANDAG number. Therefore, staff is of the opinion that the existing road network can accommodate the additional traffic generated by the new business. Noise Noise issues related to drive -through businesses are usually related to vehicle queuing and ordering windows/speakers. Noise is not likely to be an issue given that the area is strictly commercial and located close to •.nterstate 5. However, recent approvals for drive -through businesses have required noise -attenuating speakers at the ordering window. This type of speaker automatically adjusts its volume to compensate for ambient noise (streets, vehicles, etc.). Therefore, the volume is lower during quieter periods, such as at night. There is a condition requiring the noise -attenuating speakers. Hours of Operation The typical hours of operation for the proposed business will be 4 a.m. to 12:00 a.m., seven days a week. However, the applicant has expressed interest in being open 24 hours a day at some point in the future, should the demand support those hours. The location of the business near the freeway is likely to allow for the necessary customers. Given that there are no residential properties near the project, it is unlikely that being open 24 hours a day would have any impacts on neighboring properties, as they are mostly commercial businesses with standard daytime working hours. CEQA The project is Categorically Exempt under the California Environmental Quality Act (CEQA) pursuant to Class 3 Section 15303. This section ailows for new construction or conversion of small structures. Specifically, subsection (c) of 15303 allows structures not involving the use of significant amounts of hazardous substances (including restaurants), provided they are Tess than 2,500 square feet in floor area. The existing and proposed suite is 2,000 square feet in size, therefore consistent with this exemption. Conditions of Approval are included that address Building, Engineering, and Fire Department comments. Conditions cover code requirements (Fire & Building), grading and improvement requirements (Engineering), and design and performance regulations for the drive through (Planning). Summary The proposed drive -through is consistent with the Land Use Code with the approval of a Conditional Use Permit. Conditions of Approval will ensure that the business operates in harmony with existing uses in the area, including providing for future performance review. The potential impacts are minimal since design guidelines ensure an appropriately -designed project. The new restaurant will contribute to the viability of the property and will help to utilize an existing vacant lot/pad. RECOMMENDATION Approve 2013-22 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Notice of Exemption 5. Public Hearing Notice (Sent to 12 property owners) 6. Site Photos 7. Applicant's Plans (Exhibit A, Case File No. 2013-22 CUP dated 10/2/2013) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2013-22 CUP — 404 Mile of Cars Way 1. That the site for the proposed use is adequate in size and shape, since the proposed design meets all design requirements. 2. That the site has sufficient access to Mile of Cars Way, an arterial street operating at a Level of Service (LOS) of B, to accommodate the additional 1,300 average daily tips (ADT). 3, That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is located adjacent to an arterial street, and since design guidelines ensure an appropriately -designed project and since the use is permitted in the Major Mixed -Use Corridor zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will contribute to the continued viability of an existing commercially -zoned property, an established and allowed use in the applicable mixed -use zone. RECOMMENDED CONDITIONS OF APPROVAL 2013-12 CUP — 404 Mile of Cars Way General 1. This Conditional Use Permit authorizes a drive -through aisle for a new 24-hour retail coffee business. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-22 CUP dated 102/2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Caiifcrnis Code of Regulations, Title 14, Section 753.b, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Land Use Code. 4. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 5_ Plans submitted for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. If submitted in 2014, plans submitted for improvcmcnts must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 6. A grading plan shall be submitted. The plan shall be prepared by a registered civil engineer licensed within the State of California. An application form for grading (available on the city's web site) shall be submitted along with the plans. 7. A soils report shall be submitted. 8. A plan and profile of the proposed retaining wall sha!1 be included in the grading plan. The wall shall conform to the San Diego Regional Standard Drawings or, if designed by an engineer, the calculations shall also be submitted. 9. The owner shall replace the pedestrian ramp, the deteriorated portion of the cross gutter, and sidewalk, curb and gutter as marked out in the field. 10.A Standard Urban Storm Water Mitigation Plan (SUSMP) checklist shall be completed and returned. 11.The existing sewer lateral shall be videotaped to ensure continued serviceability. The sewer lateral shall be encased where it runs under the proposed drive lane and retaining wall. 12.An engineer's cost estimate for all proposed work shown in the grading plan and all public improvements shall be submitted. A bond shall be submitted equal to one hundred percent (100%) of the engineer's cost estimate. 13.A plan check fee equal to three percent (3%) of the engineers cost estimate shall be submitted. 14.The owner/contractor shall be required to submit bonds to and obtain ail necessary permits from the Engineering Department. Planning 15.A landscape and underground irrigation plan shall be submitted as part of the building permit process. Installation and continued maintenance of minimum landscaping items required by the Land Use Code, including a minimum three-foot hedge and trees spaces 20 feet on center along the Mile of Cars Way and Southport Way frontages, shall be provided. 16.Plans shall conform to minimum turning radius requirements for drive -through businesses unless the City Engineer approves a lesser radius. 17.Vehicular queuing operation shall be subject to future review and potential modification if problems related to parking, property ingress/egress, or street operations are noted as a result of business operations. 18.Susiness operations shall comply with Municipal Code Title 12 (Noise) at all times. Plans submitted for construction shall reflect the use of sound -attenuating speakers that automatically reduce the volume of ordering speakers during periods of low ambient noise. 19. Plans submitted for construction permits shall show that a cover for the new trash enclosure shall be provided. Construction plan: shall show the details of the enclosure to the satisfaction of the Fire and Engineering Departments. 20. Plans submitted for construction shall conform to Land Use Code Section 18.46 (Outdoor Lighting). r ! W CD 01 OS 2434 2525 IL W. 22nd St. M C R-2 0 --Mile.of Cars Way - - to ico N N Q403 2423 W. 25th St. 2504 1 Project Locations — — — Zone Boundary 1 1 Feet 0 125 250 500 APN: 562-340-15 Planning Commission Location Map 2013-22 CUP 11 .5.1-3. ..- �• ,. - _, 1. ructuti.o CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2012-22 CUP Project Location: 404 Mile of Cars Way, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional use permit for a new drive -through aisle related to a new retail coffee shop in an existing commercial building. Applicant Name and Address: HG Fenton Co. c/o: Brian Gates 7577 Mission Valley Road, suite 200 San Diego, CA 92108 Exempt Status: Telephone Number: (619) 400-0169 Categorical Exemption. Class 11, Section 15311 (Accessory Structures) Reasons why proiect is exempt: There is no possibility that the proposed use wiii have a significant impact on the environment since construction of the drive -through aisle will be within the property enveiope, which is developed and devoid of any habitat or sensitive lands use. The aisle is a minor structure that will be accessory to an existing commercial facility. Date: MARTIN REEDER, AICP Principal Planner .CAL# 0RCMA- Nienoms, c e�.•.. it 10oalPoRATa CITY OF NATIONAL CITY — DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITYIATIo L C 91950 CITY BLVD., I�co; � iviJR� CITY, CA �1950 NOTICE OF PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A DRIVE -THROUGH COFFEE SHOP LOCATED AT 404 MILE OF CARS WAY CASE FILE NO: 2013-22 CUP APN: 562-340-15 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 18, 2013, in the City Council Chambers, 1243 National City Blvd., National City, California on a proposed request (HG Fenton Company). The applicant is proposing to remodel 2,000 square feet of an existing 6,000 square -foot commercial building to accommodate a new drive -through retail coffee business. The design also incorporates a new drive -through aisle and ordering window. Members of the public are invited to comment. Any person interested in this matter may appear at the above time and place and be heard. Written comments should be received by the Planning Division on or before 12 p.m., November 18, 2013. Planning Division staff may be contacted at 619-336-4310 or planning[nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public hearing entity conducting the hearing at, or prior to, the public hearing. PLANNING DEPARTMENT BRAD RAULSTON Executive Director Southport Business Park CUP Photo Survpv 1 rya , inf in ro'e t srvrn the r ortheast. e ! c sr e a. view or protect site Tram the east. Southport Business Park CUP Photo Stirvow . +'iew from project site to the north_ 4. view of project site trom the southeast. 5. View from the project site to the south. 7_ View from the project site to the west, 8. View from the project site to the northwest. Southport Business Park CUP Photo Survey . Vie.+w ref the project site from the south_ Southport Business Park CUP Photo Survey •*21,4cDr..•, la*,raz • ; , 9. v imru. UP the project site 11 011'1 the soumwest ;Tit/W.01N • -• , 0. view of the project site from tree west. 11. View of the project site from the northwest. 12. View of the project site from the north.