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Staff Report 200 S. Anaheim Blvd. Suite 162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: OCTOBER 23, 2023 SUBJECT: DEVELOPMENT APPLICATION NO. 2022-00060 LOCATION: 30 East Orangethorpe Avenue and 1636 North Lemon Street APPLICANT/PROPERTY OWNER: The agent is Adan Madrid representing the applicant Fabiola Yvette Suarez of Pollo Campero. The property owner is CB Orangethorpe Partners, LLC. REQUEST: The applicant requests approval of a conditional use permit to construct a new 2,100 square foot drive-through restaurant and an administrative adjustment to permit fewer parking spaces than required by the Zoning Code (10% reduction proposed). RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that a Common Sense Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000- 21189.57) as set forth in Sections 15061 (b)(3) of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387) is the appropriate environmental documentation for this request and approving Development Application No. 2022-00060. BACKGROUND: The project site is 0.58 acres and consists of two properties developed with a five-unit commercial retail center and a smog test facility. The project site is in the “C-G” General Commercial Zone and is designated for Regional Commercial land uses in the General Plan. The surrounding uses include restaurant and retail uses to the south, east, and to the north across Orangethorpe Avenue, and commercial uses located in the City of Fullerton to the west across Lemon Street. PROPOSAL: The applicant proposes to construct a new 2,100 square foot restaurant with a single drive-through lane for a Pollo Campero restaurant. The site would have driveway access from both Orangethorpe Avenue and Lemon Street. The drive-through lane is located to the south of the property and is designed to circulate behind the building with vehicles exiting to Orangethorpe Avenue. There would be a single queuing lane with a capacity for 9 vehicles. The project is designed to provide a total of 19 parking spaces, including two handicap-accessible spaces located at the western entrance to the building. Extensive landscaping improvements are proposed within the parking area, along both street frontages, and in the area designated for future right -of- way improvements along Lemon Street. Development Application No. 2022-00060 October 23, 2023 Page 2 of 6 Site Plan Building Design: The building elevations will incorporate various modern architectural features, including a varied roofline, steel canopies over customer entrances, aluminum awnings, and the use of porcelain tile to create a break in the stucco finish. The building will be painted in Pollo Campero corporate colors that include a combination of dark brown, orange, lime green, and light tan. Development Application No. 2022-00060 October 23, 2023 Page 3 of 6 Building Elevations FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The Zoning Code (“Code”) permits drive-through restaurants in the “C-G” Zone subject to the approval of a conditional use permit to ensure compatibility with the surrounding area and uses. Development Application No. 2022-00060 October 23, 2023 Page 4 of 6 Through the conditional use permit process, conditions of approval may be imposed to ensure that the use would operate in a manner that does not create nuisances, affect the general health and welfare of the community, and not adversely affect surrounding properties. The proposed drive-through restaurant uses would not adversely affect the existing uses in the vicinity and would be compatible and consistent with other commercial and retail uses in the surrounding area. In addition, the development would be consistent with the commercial retail and land use pattern in the vicinity and the neighboring commercial shopping centers located in the City of Fullerton. Further, the proposed size and shape of the subject site would allow for the full development of the proposed use; and the proposed use would not be detrimental to the area or the general health and safety of the community. The project has been designed to provide adequate circulation, meet all landscape and structural setbacks, and would not affect the adjoining land uses. The application was reviewed by the City’s Traffic and Transportation Division and determined that the proposed drive-through restaurant use would not have a significant impact on traffic, that there would be adequate on-site circulation, and that adequate queuing would be provided for the drive-through lane. There are other restaurants in the area that have similarly sized buildings with drive-through lanes. Additionally, a new 2,350 square foot drive-through restaurant is proposed in the adjacent commercial retail center to the east. Fire and emergency service access were deemed adequate by the Fire and Rescue Department, and sanitation service was deemed adequate by the Public Works Streets and Sanitation Division. The traffic generated by the proposed use would not impose an undue burden on streets and highways in the area. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. Conditions of approval are included in the draft resolution to ensure the restaurant property will be properly maintained and compatible with the area and adjacent land uses. Administrative Adjustment: Administrative adjustments are waivers of certain development standards, including parking requirements, and can be approved by the Planning and Building Director. When an administrative adjustment application is made in conjunction with a project that requires Planning Commission action, all requests are subject to review and approval by the Planning Commission. Before the Planning Commission may approve an administrative adjustment, it must make the following findings of fact: 1) The adjustment is consistent with the purposes and intent of the Zoning Code; 2) The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require adjustment; 3) The adjustment will not produce a result that is out of character or detrimental to the neighborhood. The applicant requests an administrative adjustment to permit fewer parking spaces than required by the Code. The Code permits a deviation of up to 20% from the parking requirements through an administrative adjustment. The proposed drive-through restaurant would require 21 parking spaces and 19 parking spaces are proposed, representing a 10% reduction in code-required spaces. The applicant provided a Parking Demand Assessment that surveyed three Pollo Campero restaurants. The three locations range in size from 2,450 square feet to 2,800 square feet and Development Application No. 2022-00060 October 23, 2023 Page 5 of 6 provide a range of parking spaces, from 13 parking spaces to 25 parking spaces. The proposed building is smaller than all three locations in the survey and provides more parking than two of the locations in the survey. The assessment surveyed a weekday (Thursday) and a weekend (Saturday) for parking counts. During both peak hour demands for the weekday and weekend, the peak parking demand observed was 13 spaces. The proposed location not only is smaller than the other locations in the assessment, but it also provides more parking than the peak parking demand observed for any of the three locations. Based on the findings from the Parking Demand Analysis, staff believes that the proposed 19 parking spaces would provide adequate parking for the proposed project. The applicant analyzed alternative options that would comply with the parking requirements in the Code. The first option was to reduce the dining room seating from 26 seats to 20 seats. The Code requires a lesser parking rate for restaurants with 20 seats or less. This reduction would change the parking requirement from 21 parking spaces to nine parking spaces. The applicant does not believe that nine parking spaces would be adequate for the project based on the operational characteristics of other Pollo Campero restaurants. The other option the applicant identified would be to reduce the size of the building from 2,100 square feet to 1,900 square feet. This reduction would reduce the parking requirement to 19 spaces, matching the number of parking spaces provided. A 1,900 square foot restaurant is significantly smaller than the typical Pollo Campero restaurant and would impact the daily operations of the restaurant. The dining room area is approximately 350 square feet in size and any reduction in the square footage would significantly reduce the dining room area. The proposed administrative adjustment will not produce a result that is out of character or detrimental to the neighborhood as other restaurant locations within the vicinity of the project site are similar in size or smaller. There are other restaurants in the area that have similarly sized buildings with drive-through lanes. Additionally, a new 2,350 square foot drive-through restaurant is proposed in the adjacent commercial retail center to the east. Staff does not believe that the reduction of two parking spaces would be out of character or detrimental to the neighborhood as the parking assessment for the project identified that 19 spaces would be adequate to support the restaurant. Environmental Impact Analysis: Staff recommends that the Planning Commission find that the effects of the proposed project are Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061 (b)(3) – Common Sense Exemption. This exemption is appropriate where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The proposed project includes the construction of a new 2,100 square foot drive-through restaurant, associated parking, landscaping, and signage. The proposed project also includes the demolition of the existing commercial buildings. The proposed project scope is consistent with a project that has been determined to not have a significant effect on the environment and therefore exempt from CEQA pursuant to Section 15303 – New Construction of Conversion of Small Structures (Class 3). However, because the property had a cleanup and abatement order from the Regional Water Quality Control Board, it is not eligible to utilize the Class 3 exemption even though the case was closed in 1988 and a No Further Action Letter was issued. A Phase 1 Environmental Site Assessment (ESA) was conducted in February 2019 and found no reportable contamination in the soil or groundwater. The Phase 1 ESA recommended that a Limited Phase 2 Development Application No. 2022-00060 October 23, 2023 Page 6 of 6 Subsurface Investigation be conducted including an investigation on shallow soil vapors. After the Limited Phase 2 Subsurface Investigation was complete, it was found that no significant soil contamination was detected. Therefore, the Common Sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment is applicable to the proposed project. CONCLUSION: The site has been designed to provide adequate parking and on-site circulation/queuing. The building would be of a quality design, and extensive landscaping would be provided to complement the proposed project and be an improvement over the existing site conditions. Based on the analysis included in this report and the findings contained in the draft resolution, staff recommends that the Planning Commission approve this request. Prepared by, Submitted by, Ivan Orozco Scott Koehm, AICP Associate Planner Principal Planner Attachments: 1. Draft Conditional Use Permit and Administrative Adjustment Resolution 2. Project Plans 3. Letter of Request and Findings 4. Pollo Campero Traffic Circulation and Parking Demand Assessment 5. Aerial and Vicinity Maps