HomeMy WebLinkAboutGeneral Plan Amendment GPA2008006 - Staff Report of Executive SummaryCity of Huntington Beach Planning Department
STAFF REPORT
muNnNGM SUCH
TO:
FROM:
BY:
DATE:
Planning Commission
Scott Hess, AICP, Director of Planning
Tess Nguyen, Associate Planner x )
November 12, 2008
SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 07-007/GENERAL PLAN
AMENDMENT NO. 08-006/ZONING MAP AMENDMENT NO. 08-
006/CONDITIONAL USE PERMIT NO. 08-032/VARIANCE NO. 08-
008/TENTATIVE PARCEL MAP NO. 08-121 (CVS PHARMACY)
LOCATION: 15520 Goldenwest Street, 92647 (southeast corner of Goldenwest Street and McFadden
Avenue)
STATEMENT OF ISSUE:
• Mitigated Negative Declaration (MND) No. 07-007 analyzes the potential environmental impacts
associated with implementation of the proposed project.
• General Plan Amendment (GPA) No. 08-006 represents a request for the following:
- To amend the General Plan Land Use designation on 1.5 acres from the current P(RL) (Public-
Residential Low Density) to the proposed CG-Fl (Commercial General-0.35 Floor Area Ratio)
designation.
• Zoning Map Amendment (ZMA) No. 08-006 represents a request for the following:
- To amend the Zoning designation from the current PS (Public-Semipublic) to the proposed CG
(Commercial General) designation.
• Conditional Use Permit (CUP) No. 08-032 represents a request to construct a 14,670 sq. ft., 24-hour
drive-thru pharmacy with associated site improvements.
• Variance (VAR) No. 08-008 represents a request to permit a 10-space parking reduction from 74 to 64
parking spaces.
Tentative Parcel Map (TPM) No. 08-121 represents a request to subdivide a 1.5 acre parcel from a
portion of the Golden West College site.
. Staff's Recommendation:
Approve Mitigated Negative Declaration No. 07-007 based upon the following:
- The project (with mitigation) will have no significant adverse environmental impacts.
Approve General Plan Amendment No. 08-006, Zoning Map Amendment No. 08-006, Conditional
Use Permit No. 08-032, Variance No. 08-008, and Tentative Parcel Map No. 08-121 based upon the
following:
- The subject property is located along a major arterial and abuts commercial uses to the north
(across McFadden Avenue), single family residential to the west (across Goldenwest Street), and
educational uses to the east and south. The 1.5 acre site is suitable for commercial retail
development because of its size and location along Goldenwest Street and McFadden Avenue.
- The proposed commercial general plan and zoning designation to allow commercial retail
development is compatible and can be integrated and be sensitive to the surrounding land uses
with adequate buffers, FAR limits, and urban design amenities.
- The proposed commercial general plan and zoning designation will increase the potential for
taxable sales and provide additional funds to the city to reduce service costs.
- The proposed commercial general plan and zoning designation can mitigate the potential impacts
to the surrounding area to the greatest extent possible, while still allowing for a market driven
commercial project.
- The proposed project is consistent with the zoning code requirements of Commercial General with
the exception of the variance for a reduction in the number of required parking spaces. The project
does comply with minimum requirements for landscaping, setbacks, maximum floor area ratio,
maximum height, and design standards to minimize long, uninterrupted expanses of building wall.
- The architectural elements of the proposed building, the building projections and recesses, and the
colors and materials all combine to make the project aesthetically pleasing.
RECOMMENDATION:
Motion to:
A. "Approve Mitigated Negative Declaration No. 07-007 with suggested findings and mitigation
measures (Attachment No. 1)."
B. "Approve General Plan Amendment No. 08-006 by approving the draft City Council Resolution
(Attachment No. 2) and forward to the City Council for adoption."
C. "Approve Zoning Map Amendment No. 08-006 with findings for approval (Attachment No. 3) and
forward the draft Ordinance (Attachment No. 4) to the City Council for adoption."
D. "Approve Conditional Use Permit No. 08-032, Variance No. 08-008, and Tentative Parcel Map No.
08-121 with findings and suggested conditions of approval (Attachment No. 5)."
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Subject
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VICINITY MAP
MND NO. 07-007/GPA NO.08-006/ZMA NO. 08-006/CUP NO. 08-032/
VAR NO.08-008/TP M NO. 08-121
(CVS PHARMACY- 15520 GOLDENWEST STREET)
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ALTERNATIVE ACTION S :
The Planning Commission may take alternative actions such as:
1. "Continue Mitigated Negative Declaration No. 07-007, General Plan Amendment No. 08-006, Zoning
Map Amendment No. 08-006, Conditional Use Permit No. 07-043, Variance No. 08-008, and
Tentative Parcel Map No. 08-121 and direct staff accordingly."
2. "Deny Mitigated Negative Declaration No. 07-007, General Plan Amendment No. 08-006, Zoning
Map Amendment No. 08-006, Conditional Use Permit No. 07-043, Variance No. 08-008, and
Tentative Parcel Map No. 08-121 with findings for denial."
PROJECT PROPOSAL:
Miti ated Ne ative Declaration No. 07-007 represents an analysis of potential environmental impacts
associated with the following entitlements:
- Proposed General Plan Amendment from Public (Residential Low Density) to Commercial General
for the subject property.
- Proposed Zoning Map Amendment from Public-Semipublic to Commercial General for the subject
property.
- Proposed construction of a 14,670 sq. ft. drive-thru pharmacy and associated site improvements.
- Proposed reduction of parking spaces from 74 to 64 spaces.
General Plan Amendment No. 08-006 represents a request by the applicant to amend the City's General
Plan Land Use Element by changing the existing land use category on the 1.5 acre subject property from
the current P(RL) (Public-Residential Low Density) to the proposed CG-Fl (Commercial General-0.35
Floor Area Ratio) designation.
Zonin Ma Amendment No. 08-006 represents a request by the applicant to amend the City's Zoning
Map by changing the zoning designation on the subject property from PS (Public-Semipublic) to CG
(Commercial General) pursuant to Chapter 247 of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO).
Conditional Use Permit No. 08-032 represents a request by the applicant to construct a 24-hour drive-
thru pharmacy with associated site improvements that consists of
14,670 sq. ft. (11,967 sq. ft. retail, 933 sq. ft. receiving area, 1,770 sq. ft. mezzanine area)
64 parking spaces
39 feet in height
Variance No. 08-008 represents a request to permit a 10-space parking reduction from 74 to 64 parking
spaces.
Tentative Parcel Ma No. 08-121 represents a request to subdivide a 1.5 acre parcel from a portion of
the Golden West College site.
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Background:
The proposed CVS Pharmacy would provide a 14,670 square-foot 24-hour drive-thru pharmacy with 64
parking spaces and associated site improvements on a vacant lot at the southeast corner of Goldenwest
Street and McFadden Avenue. The project site is currently vacant with seasonal use as a pumpkin patch
and a Christmas tree lot. The approximate height of the proposed one-story building is 39 feet. The
proposal includes drive-thru service in conjunction with the pharmacy use. The CVS Pharmacy, including
the drive-thru, is proposed to be open 24 hours a day and seven days a week. The floor plan includes
11,967 square feet of retail area with a 933 square foot receiving area and a 1,770 square foot storage
mezzanine. Access to the site is proposed via a two-way driveway along Goldenwest Street and a two-
way driveway along McFadden Avenue.
Stud Session Summa :
The following are issues that were raised during the Planning Commission Study Session meeting on
Tuesday, October 28, 2008:
Pharmacies in the Vicinity of Project Site-There are seven CVS pharmacies in the City of
Huntington Beach. Within a five-mile radius of the project site, there are 117 pharmacies.
Ownership Status of the Project Site-The applicant is leasing the project site from the Coast
Community College District on a long-term basis.
Golden West College Sign at the corner of the Project Site-Because the subject site is being
subdivided from the college site, the Golden West College sign at the corner of Goldenwest Street
and McFadden is considered an off-site sign according to Chapter 233 (Signs) of the HBZSO.
Since the project site is being leased from Coast Community College District on a long-term basis,
the land is still owned by the College District. The possibility of retaining the Golden West
College sign on the project site of the CVS Pharmacy is being researched. All permanent signs
will be reviewed under a separate process for conformance with Chapter 233 of the HBZSO. At
the time of submittal, all proposed signs for the CVS Pharmacy as well as the Golden West
College sign will be evaluated and reviewed by the Design Review Board and the Planning
Department.
Notification Requirements-Legal notice was published in the Huntington Beach Independent on
October 30, 2008, and notices were sent to property owners of record and occupants within a 500
ft. radius of the subject property, individuals/organizations requesting notification (Planning
Department's Notification Matrix), applicant, and interested parties.
Permitting Process for Alcohol Beverages Sales-Retail markets with no more than 10 percent of
the floor area devoted to sale, display and storage of alcoholic beverages are exempt from the
conditional use permit process.
Green Features of the Proposed Project The project is proposing to implement Green Building
methods under the following LEED categories: sustainable sites, water efficiency, energy and
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••
atmosphere, materials and resources, environmental quality, and innovation and design process
(Attachment No. 17).
ISSUES:
Sub ect Pro e and Surroundin Land Use Zonin
` Ni`%rrtt ae"•95
Subject Property
North of Subject
Property (across
P(RL) (Public-Residential
Low Density)
City of Westminster
McFadden Avenue
South and East of the P(RL)
Subject Pro erty
West of Subject
Property (across
Goldenwest Street
and General Plan Desi nations:
1NNG. 'LA USE
PS (Public-Semipublic) Vacant
City of Westminster Shopping Center
PS Golden West College
RL-7 (Residential Low RL (Residential Low Single-Family
Densi ty-7 Dwelling Units Densi ty) Residential
er Acre
General Plan Con ormance:
The proposed General Plan Land Use Map designation on the subject property is CG-F1 (Commercial
General-O .35 Floor Area Ratio). The proposed General Plan Amendment, Zoning Map Amendment,
and project are consistent with this designation and the goals and objectives of the City's General Plan as
follows:
A. Economic Develo ment Element
Goal ED 1: Provide economic opportunities for present and future Huntington Beach residents and
businesses through employment and local fiscal stability.
Ob'ective ED 1.1: Enhance the City's market potential in terms of retail, office, industrial, and visitor
serving activity. This would allow Huntington Beach to provide for retail, office, and industrial
opportunities that serve the current and projected population and enhance sales and occupancy tax
revenue.
Polic ED 2.4.3: Encourage the expansion of the range of goods and services provided in Huntington
Beach to accommodate the needs of all residents in Huntington Beach and the market area.
The proposed project promotes development in accordance with Huntington Beach's Economic
Development Element, as commercial development of the site will improve fiscal stability and provide
economic opportunities for the City. New employment opportunities will be created both in the
construction of the proposed development and in the long-term operations of the retail establishment.
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High-quality architecture and site design will enhance the long-term economic success of the proposed
development and will further enhance Huntington Beach's economic prospects.
B. Land Use Element
Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability, while
maintaining the City's environmental resources and scale and character.
Goal L U 10: Achieve the development of a range of commercial uses.
Ob'ective LU 10.1: Provide for the continuation of existing and the development of a diversity of
retail and service commercial uses that are oriented to the -needs of local residents, serve the
surrounding region, serve visitors to the City, and capitalize on Huntington Beach recreational
resources.
Polic LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of
architectural and site layout quality.
Polic LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a high
level of quality, distinctive character, and compatibili ty with existing uses and development including the
consideration of.
a. incorporation of site landscape, particularly along street frontages and in parking lots;
b. linkage of buildings by common architectural design, landscape and pedestrian systems, to
avoid the appearance of independent free-st anding structures surrounded by parking;
c. siting and design of structures to facilitate and encourage pedestrian activity;
d. siting of one or more buildings in proximity to the street frontage to convey a visual
relationship to the street and sidewalks;
e. architectural treatment of buildings to minimize visual bulk and mass, using techniques
such as the modulation of building volumes and articulation of all elevations; and
f. inclusion of consistent signage designed and integrated into the building's architectural
character. (I-LU 1, I-LU 4, I-LU5, I-LU 7, I-LU 10, and MU 11)
Goal LU 11: Achieve the development of projects that enable residents to live in proximity to their
jobs, commercial services, and entertainment, and reduce the need for automobile use.
The retail use at the project site represents development which would support the needs and reflect
market demand of City residents and visitors. The proposed development provides -additional uses
that would attract and complement existing uses along Goldenwest Street. Development of the
commercial retail use will generate jobs for the community without substantially increasing the need
for housing as most employees will come from the local area. In addition, the proposed project would
help the City to achieve its goal of enhancing the community image of Huntington Beach through the
design and construction of a high-quality development while still allowing for the market-driven
commercial development. The design of the project promotes development of a commercial building
that conveys a unified visual image and character. The City's Design Review Board has reviewed the
proposed architecture, colors, and materials, and recommends approval of the design concept.
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C. Circulation Element
Goal CE 1: Provide a balanced transportation system that supports the policies of the General Plan
and facilitates the safe and efficient movement of people and goods throughout the City while
providing a balance between economic development and the preservation of residential
neighborhoods, and minimizing environmental impacts.
Goal CE 2: Provide a circulation system which supports existing, approved, and planned land uses
throughout the City while maintaining a desired level of service on all streets and at all intersections.
Policy CE 2.1.1: Maintain a city-wide level of service (LOS) not to exceed LOS "D" for intersections
during the peak hours.
Policy CE 2.1.2: Maintain a city-wide level of service (LOS) not to exceed LOS "C" for daily traffic,
with the exception of Pacific Coast Highway south of Brookhurst Street.
Goal CE 5: Provide sufficient, well-designed, and convenient on- and off-street parking facilities
throughout the City.
A traffic impact analysis has been completed by a traffic engineering firm to ensure a balanced
transportation system that adequately mitigates the project's potential traffic impacts while still
allowing for commercial development to be achieved. The developer will be required to contribute a
fair-share payment toward traffic system improvements to mitigate the project's proportionate impacts
to certain intersections and roadways.
Zonin Com fiance:
One of the entitlements associated with this project are to amend the Zoning designation for the site from
Public-Semipublic to Commercial General. The project complies with the requirement of the C'omrnercial
General zone with the exception of parking requirements. In addition, a list of City Code Requirements,
Policies, and Standard Plans of the Huntington Beach Zoning and Subdivision Ordinance and Municipal
Code has been provided to the applicant (Attachment No. 10) for informational purposes only.
Urban Desi n Guidelines Con ormance:
The proposed project is in substantial conformance with the Urban Design Guidelines, Chapter 4 (General
Commercial). The applicant has completed the Urban Design Checklist for the proposed project and
indicates compliance with the majority of the Guidelines (Attachment No. 16).
The Urban Design Guidelines recommend specific design criteria for general commercial projects. In
particular, several recommendations are discussed for site planning and building design. The Urban
Design Guidelines for commercial project site planning recommend incorporation of the following:
vertical and horizontal offsets to articulate building facades
architectural elements to provide focal points
screening of loading and delivery service areas to minimize their visibility
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decorative paving into parking lot design, driveway entries, and pedestrian walkways
The proposed site layout conforms with these design recommendations through the provision of vertical
and horizontal articulations to the building and a tower element to serve as a focal point. To soften the
look of the building, climbing plants are provided on the building. In addition, the project incorporates
decorative paving into the driveway entries and pedestrian walkways. The loading and delivery service
area is screened from view by the design of the building. The applicant is utilizing a variety of building
materials, design elements, and colors to complement the developments in the vicinity of the project site.
Environmental Status:
Staff has reviewed the environmental assessment and determined that no significant impacts are
anticipated as a result of the proposed project that could not be mitigated to a level of insignificance with
proper design and mitigation measures. Subsequently, draft MND No. 07-007 (Attachment No. 11) was
prepared with mitigation measures pursuant to Section 240.04 of the HBZSO and the provisions of the
California Environment Quality Act (CEQA).
Draft MND No. 07-007 was advertised and made available for a thirty (30) day public review and
comment period, commencing July 3, 2008 and ending on August 4, 2008. Two comment letters
(California Department of Transportation and OC Public Works) were received during the review period,
indicating that they have no comments. The Draft MND No. 07-007 was recirculated to reflect changes to
the project plans and a request for a variance to deviate from the number of parking spaces required by the
HBZSO. The recirculated Draft MND was made available for a thirty (30) day public review and
comment period, commencing September 11, 2008 and ending on October 10, 2008. One comment letter
(California Department of Transportation) was received during the recirculated review period, indicating
that the agency has no comments.
Environmental Board Comments:
The Environmental Board reviewed draft MND No. 07-007 at their August 7, 2008 meeting and provided
a comment letter on August 18, 2008. The Environmental Board's letter addressed the following issues:
• Alternate site for the pharmacy should be considered.
A new site should be found for all trees worth salvaging (e.g. those rated average or better).
Traffic is a potential issue in this area, especially left-turning traffic out the driveway south of the
proposed site.
The 24-hour drive-thru concept has the potential to add to pollution levels.
The City of Westminster should be informed of the project.
A minimum level of green building measures should be required and incorporated into the project.
In-lieu park and recreation fees should be dedicated for open space areas within the Beach-Edinger
Corridor project area.
Low emission construction equipment should be used.
The construction grading and hauling should be reduced to the maximum extent practicable.
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Some of the concerns raised by the Environmental Board were addressed in the MND. As for the
driveway south of the proposed site, the existing driveway will remain at right-turn-in and right-turn out
only to minimize the potential issue in this area. The conce rns regarding any potential air quality and
emissions impacts will be addressed through standard code requirements, including frequent watering
down of the site to prevent dust movement, wind barriers along the perimeter of the site, removal of debris
and dirt around the project site, use of low sulfur vehicles, avoiding construction on high-ozone days, an d
decreasing activities during windy conditions. In addition, the applicant is proposing to implement Green
Building methods under the following LEED categories: sustainable sites, water efficiency, energy and
atmosphere, materials and resources, environmental quality, and innovation and design process.
Prior to any action on General Plan Amendment No. 08-006, Zoning Map Amendment No. 08-006,
Conditional Use Permit No. 08-032, Variance No. 08-008, and Tentative Parcel Map No. 08-121, th e
Planning Commission must review and act on MND No. 07-007. Based on the initial study of the project,
staff is recommending that the MND be approved with suggested findings and mitigation measures.
Coastal Status : Not applicable.
Redevelo mentStatus : Not applicable.
Desi n Review Board:
The project was reviewed by the Design Review Board (DRB) on September 11, 2008, September 18,
2008, and October 9, 2008. On September 11, 2008, the DRB reviewed the colors, materials, design, and
plans for the CVS Pharmacy. The Board was informed of staff's recommendations regarding compliance
with the Urban Design Guidelines . The Board expressed several overall conce rns during the initial review
of the project, including the following : 1) vertical and horizontal articulations to the building; 2)
relocation and redesign of the loading and delive ry service areas; 3) incorporation of decorative paving
into the driveway entries and pedestrian walkways; 4) provision of climbing plants on the building; and 5)
the Golden West College sign at the corner of the project site. After much discussion, the applicauvn was
continued to the September 18, 2008 meeting . The DRB still had the same conce rns with th;:.iite layout
and building design at the September 18, 2008 meeting and continued the application to t hr October 9,
2008 meeting to allow the applicant the opportunity to revise the plans. In response, the applicant revised
the proposed architectural design, incorporated new vertical and horizontal articulations, redesign of the
loading and delivery service areas, decorative paving into the driveway entries and pedestrian •vlkways,
and climbing vines on the building. On October 9, 2008, the DRB recommended conceptual approval of
the project with the condition that the first two feet of the 19-foot long parking spaces aloe . the ,vi-s'and
north side of the building be provided with landscaping or sidewalk area. In addition, all proposed signs
for the CVS Pharmacy as well as the Golden West College sign will be reviewed separately by the DRB
and the Planning Depa rtment.
Subdivision Committee : Not applicable.
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Other De artments Concerns and Re uirements:
The Departments of Building and Safety, Fire, Planning, and Public Works have reviewed the application
and identified applicable code requirements. The Code Requirements letter was transmitted on October
10, 2008 and is attached for informational purposes only (Attachment No. 10).
Public Noti cation:
Legal notice was published in the Huntington Beach Independent on October 30, 2008, and notices were
sent to property owners of record and occupants within a 500 ft. radius of the subject property,
individuals/organizations requesting notification (Planning Department's Notification Matrix), applicant,
interested parties, and individuals/organizations that commented on the environmental document.
A lication Processin Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE S :
Mitigated Negative Declaration: September 15, 180 days of complete application or by March 15,
2008 2009
General Plan Amendment: Not Applicable Not Applicable
Zoning Map Amendment: Not Applicable Not Applicable
Conditional Use Permit: September 15, 2008 Conditional Use Permit, Variance and Tentative
Variance: September 15, 2008 Parcel Map: Within 60 days from Mitigated Negative
Declaration Approval
Tentative Parcel Map: September 15, 2008
ANALYSIS:
The primary issues to consider in conjunction with this request are the proposed amendment of the
General Plan Land Use designation, the proposed amendment of the Zoning designation, compatibility
with the surrounding land uses, consistency with the General Plan, site layout/design, compliance with the
applicable zoning development standards, reduction in the number of required parking spaces, potential
environmental impacts, and subdivision of a 1.5 acre parcel.
General Plan Amendment:
The request is to amend the General Plan Land Use designation on the approximately 1.5-acre site from
the current P(RL) (Public-Residential Low Density) designation to the proposed CG-F1 (Commercial
General-0.35 Floor Area Ratio) designation.
The existing General Plan Land Use designation for the site is Public (Residential Low Density), which
permits a range of governmental administrative and related facilities, such as public utilities, schools, public
parking lots, infrastructure, religious and similar uses. The underlying designation for the site is shown as
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Residential Low Density, which has no bearing on the future zoning or land use designation on the subject
property. The General Plan has no discussion or corresponding policies that encourages such underlying
designation to be considered or applied during the amendment process. The underlying designation is a
remnant designation of all Public (P) designated properties within the City and was considered during the
discussions by the General Plan Advisory Committee and their land use recommendations. The proposed
General Plan Land Use designation is Commercial General (CG), which allows for a range of commercial
activities such as retail commercial, professional offices, eating and drinking establishments, household
goods, food sales, drugstores, building materials and supplies, personal services, recreational commercial,
overnight accommodations, cultural facilities, government offices, educational, health, institutional and
similar uses. Staff proposes a maximum allowable floor area ratio of 0.35.
The amendment of the land uses designation is consistent with the activities in the vicinity of the project
site. The subject site is surrounded by neighborhood serving commercial uses to the north across
McFadden Avenue, residential uses to the west across Goldenwest Street, and educational uses to the east
and south. The uses permitted under the current land use designation include governmental administrative
and related facilities. The uses permitted under the proposed land use designation include a range of
commercial uses. The uses permitted under the current and proposed land use designations and zoning are
not very different in terms of traffic generation, noise, utilities or service systems demands. In addition,
the area south of the project site (Goldenwest College parking lot at the corner of Goldenwest Street and
Edinger Avenue) already has commercial activities (i.e. weekend swap meets). Therefore, the proposed
land use designation would permit uses that are compatible with existing uses north and south of the
project site. In addition, the proposed use of the site as a pharmacy would serve existing residences to the
west as well as the Goldenwest College campus east of the project site. A medical clinic is located across
the street (Westminster) and the proposed CVS Pharmacy would provide easy access to prescriptions for
patients.
The proposed project would be consistent with the goals and objectives of the Land Use and Economic
Development Elements of the General Plan in developing a range of commercial uses that are oriented to
the needs of local residents, serving the surrounding region, providing economic opportunities for present
and future Huntington Beach residents and businesses, and enhancing the City's market potential. This is
also consistent with the City's existing land use pattern by providing commercially zoned and General
Plan designated properties at arterial intersections. The City's land use policies generally encourage
projects that provide a mix of uses, are compatible and harmonious with surrounding development, and
enhance the image and quality of life and the environment. The proposed project would not conflict with
the identified policies and objectives contained in the General Plan. Staff recommends approval of the
General Plan Land Use designation amendment request to General Commercial.
Zonin Ma Amendment:
The request is to amend the Zoning designation on the 1.5-acre site from the current PS (Public-
Semipublic) designation to CG (Commercial General) designation. The Zoning Map Amendment would
provide consistency with the proposed General Plan Land Use designation of Commercial General.
The existing Zoning designation for the subject site is Public-Semipublic (PS). This designation permits
large public and semipublic uses such as but not limited to: Cemeteries, Government Offices, Hospitals,
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Maintenance and Service Facilities, Religious Assembly, Schools (private or public), Utilities (minor and
major), Eating and Drinking Establishments, Vehicle/Equipment Sales and Services, etc. Development
standards permit: minimum parcel size of 2 acres, minimum lot width of 100 feet, maximum building height
of 50 feet, maximum floor area ratio of 1.5, and minimum of 8% landscaping. Additional requirements are
identified in Chapter 214, Public-Semipublic Districts (Attachment No. 14).
The proposed Zoning designation for the subject site is Commercial General (CG). This designation permits
a full range of retail and service businesses such as but not limited to: Group Residential, Community and
Human Services, Convalescent Facilities, Day Care, Heliports, Hospitals, Religious Assembly, Schools
(private or public), Utilities (minor or major), Animal Sales and Services, Building Materials and Services,
Commercial Recreation and Entertainment, Eating and Drinking Establishments, Maintenance and Repair
Services, Offices, Retail Sales, Vehicle Equipment Repair, Visitor Accommodations, etc. Development
standards permit: minimum lot size of 10,000 sq. ft., minimum lot width 100 feet, maximum building height
of 50 feet, maximum floor area ratio of 1.5, and minimum of 8% landscaping. Additional requirements are
identified in Chapter 211, Commercial Districts (Attachment No. 15).
The amendment of the Zoning designation for the subject site from Public-Semipublic to Commercial
General implements the proposed General Plan Land Use designation of Commercial General. The
subject site is bounded by single family residential (RL) across Goldenwest Street to the west, commercial
uses to the north (City of Westminster), institutional uses (Golden West College) to the east and south,
and a major arterial street (Goldenwest Street) to the immediate west. The proposed zoning of
commercial on a site that has arterial frontage is a basic planning principle in the analysis of the proper
land use and zoning designation for commercial uses. The City has adopted a number of land use policies
to protect residential neighborhoods and allow the future development of commercial uses that stabilize
the fiscal viability of the City.
The commercial designation is the appropriate zoning for the site generally because of its size, location,
and separation from residential uses. The 1.5 acre project site meets the minimum lot size for commercial
development and located at the intersection of two arterials, which provide efficient access to the site.
Because this type of land use and zoning pattern is found throughout the City, designating the project site
for commercial development is consistent with the existing land use pattern. The zoning regulations (CG)
require new construction to be subject to a conditional use permit with a public hearing. The conditional
use permit review and analysis requires the future development to mitigate to the greatest extent possible
any impacts to the adjacent residential uses and also allow for market driven development. Staff
recommends approval of the zoning map amendment request to General Commercial.
Conditional Use Permit:
The primary factors to consider when analyzing this project are compatibility with surrounding land uses,
site layout/design, and compliance with the applicable zoning development standards. The following is a
detailed discussion of these issues.
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Compatibility with Surrounding Land Uses
The subject site is surrounded by neighborhood serving commercial uses to the north across McFadden
Avenue in the City of Westminster, residential uses to the west across Goldenwest Street, and institutional
uses to the east and south. In addition, the area south of the project site (Goldenwest College parking lot
at the corner of Goldenwest Street and Edinger Avenue) already has commercial activities (i.e. weekend
swap meets). The development of the proposed project will be compatible with the existing comluiercial
uses of similar nature and intensity north and south of the project site. The proposed use of the sd'e as a
pharmacy would serve existing residences to the west as well as the Goldenwest College campus east of
the project-site.
Site Layout and Architectural Treatment
The proposed project is designed to have the building in the center of the site with parking and dr . , --ways
along the perimeter of the site. Access to the site will be taken via a two-way driveway along Code awest
Street and a two-way driveway along McFadden Avenue. Decorative paving will be incorporated .=vv the
design of the driveway entries and pedestrian walkways. The architectural treatment of the :),,';ding
includes numerous features that contribute to an attractive design, such as vertical and horizontal -'es to
articulate building facades, architectural elements such as a tower to provide a distinct e;1ir: cried
rooflines, and window treatments (Attachment No. 8). The project is utilizing a variety ail ou!:ding
materials, design elements, and colors to complement the developments in the vicinity of the pro; ctt site.
The use of building materials (stone, clay tiles, plaster), colors (flickering light, sun city, ambrosia.:' •ory),
and paving materials (stamped concrete) are designed to convey a high quality visual image and .. a racter
for the development. Incorporation of the Design Review Board's recommended changes to the parking
spaces along the west and north side of the building will enhance the site's pedest rian access.
Compliance with Applicable Zoning Development Standards
The project would comply with the applicable development standards for Commercial Gen're' oning
district including minimum lot area and lot width, minimum setbacks, maximum build;::: aight,
maximum floor area ratio, vehicular and pedestrian access, and minimum landscaping. 'I'?;e• sed
project would not comply with the parking requirements and the applicant has applied for a vari:ulce to
deviate from the parking requirements of the HBZSO. A detailed discussion of the variance is ;provided
below.
Variance:
The variance request is to permit a 10-space reduction in the parking requirements. The HBZSO requires
commercial/retail establishments to provide parking at a ratio of 1 space for every 200 square ft. ca s:' gross
floor area. The gross floor area of the proposed project is 14,670 square feet, which would rvcil ;re 74
parking spaces. A total of 64 parking spaces are proposed for the project. Because the proposed project is
deficient in parking, the applicant has applied for a variance to deviate from the minimum parking
requirements of the HBZSO.
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Although the project does not meet the City's code for number of parking spaces, storage uses generally
require less parking than retail uses and use a reduced parking standard. Of the total floor area for the
proposed project, 11,967 square feet will be utilized as commercial/retail space and 2,703 square feet will
be utilized for storage purposes only. The required number of parking spaces for 11,967 square feet of
commercial/retail area is 60 and the required number of parking spaces for the receiving and mezzanine
storage areas, based on the HBZSO storage/warehouse parking ratio of 1:1000, would be three. If
separate parking requirements were applied for each use, based on the requirements of the HBZSO, the
total number of parking spaces required would be 63. Although the receiving area was included in the
Traffic Impact Assessment for determining vehicle trips, those trips generated by the receiving area would
be limited to trucks making deliveries. The delivery trucks would utilize the appropriate loading space on
the site and would not generate additional parking demand. In light of this information, and given that the
storage areas are not accessible to patrons of the store, it can be further concluded that the actual parking
demand would be 63 spaces. Therefore, although the strict application of the City's code would require
74 parking spaces, based on the actual parking demand, the proposed project would require a minimum of
63 spaces.
To confirm that the parking demand is not greater than the number of spaces proposed and mitigate
potentially significant impacts associated with inadequate parking capacity, the applicant submitted a
Parking Demand Study, prepared by Rick Engineering Company (Attachment No. 13). The Study
surveyed the existing parking counts at three comparable CVS Pharmacy sites near the proposed site as
follows:
CVS pharmacy-18872 Beach Boulevard, Huntington Beach
CVS Pharmacy-102 N Main Street, Santa Ana
CVS Pharmacy-7065 La Palma Avenue, Buena Park
The Study found that the maximum occupied spaces counted for the three sites ranged from 14 to 33
spaces with a peak demand rate ranging from 1.2 to 2.2 per 1,000 square feet of gross floor area. Based
on that finding, the maximum parking demand for the proposed 14,670 sq. ft. pharmacy would be 32
spaces if the demand rate of 2.2 were applied. Therefore, the Study concluded that the 64 parking spaces
provided for the proposed CVS Pharmacy would be sufficient for the peak and daily parking demand.
Staff is recommending approval of the reduction in the parking requirements because the site layout of the
proposed development is designed to maximize the use of the site and take into consideration the many
existing mature trees on the subject site. This reduction will enable the project to preserve and relocate
the existing mature trees onsite and develop a high quality design that is sensitive and complementary to
surrounding land uses. In addition, parking for the development will be provided to accommodate the
actual demand and will not result in insufficient parking capacity. This conclusion is supported by a
Parking Demand Study as discussed above. Therefore, the variance for a parking reduction would not
result in a parking deficiency or constitute a special privilege.
Tentative Parcel Ma :
The request is to subdivide a 1.5 acre parcel from a portion of the Golden West College site for
commercial development, purposes (Attachment No. 8). The map includes right of way dedications along
Goldenwest Street and McFadden Avenue and on-site reciprocal access easements between parcels. As
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part of the map, public improvements around the entire development are required along Goldenwest Street
and McFadden Avenue. Public Works is recommending that the existing driveway approach on
Goldenwest Street be removed and replaced with an ADA compliant driveway approach and a new sewer
lateral be installed connecting to the Midway City Sanitation District sewer main in McFadden Avenue.
Public Works has included conditions of approval to this effect.
Staff recommends approval of the proposed subdivision with conditions of approval for proper site
design, street dedications, and irrevocable reciprocal access agreements. The site is physically suitable for
the type and density of development. The 1.5 acre project site is generally flat, rectangular, and provides
the necessary area for development consistent with the intensity and density of the General Plan Land Use
designation and the proposed Commercial General zoning district. Furthermore, the proposed
development complies with the development standards regarding setbacks, building height, and
landscaping of the Huntington Beach Zoning and Subdivision Ordinance.
Environmental Im acts:
The Mitigated Negative Declaration No. 07-007 determined that no significant impacts are anticipated as
a result of the proposed project in all issue areas except for aesthetics, biological resources, and
traffic/transportation. Potentially significant impacts include the removal of six and relocation of seven
mature trees (aesthetics and biological resources) and inadequate parking capacity (traffic/transportation).
These potentially significant impacts could be mitigated to a level of insignificance by incorporating
appropriate mitigation measures.
The project site is currently vacant and contains 22 mature trees that would be impacted by the
development of the proposed project. An Arborist's Report (Attachment No. 12), prepared by Consulting
Arborist Alden Kelley, has been completed for the project site, which identifies trees on the site, describes
the size and condition of each tree and the feasibility of retention or relocation of trees. Of the 22
impacted trees, nine are proposed to remain, seven are proposed to be relocated, and six trees are proposed
to be removed. The removal of six mature trees has the potential to significantly impact biological
resources. To mitigate this potentially significant impact, tree replacement for existing mature trees on-
site shall be in accordance with the requirements of Chapter 232-Landscape Improvements of the
HBZSO. Twenty seven trees are proposed to replace the six trees that are removed. For the seven trees to
be relocated, proper translocation procedures are required in order to avoid potentially significant impacts
as a result of the relocation. The detailed specifications and procedures for the translocation of the
identified trees are documented in the Arborist's Report in order to ensure that the relocated trees will be
maintained and guaranteed to be alive and thriving.
Although there are no wildlife nursery sites within the project site, due to the abundance of mature trees
on the college campus and the project site, migratory species may use portions of the site for nesting
during breeding season, which are protected under the Migratory Bird Treaty Act (MBTA). Project
implementation and construction-related activities may result in the disturbance of nesting species
protected by the MBTA. The MBTA protects over 800 species, including geese, ducks, shorebirds,
raptors, songbirds, and many relatively common species. The loss of nesting efforts of sensitive species
protected by the MBTA, as a result of the removal of mature trees onsite, would be considered a
potentially significant impact. Therefore, a mitigation measure specifying the time of construction or
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vegetation removal would be required to lessen the impact on migratory wildlife species (Attachment No.
11).
Based on the HBZSO, the proposed project would require 74 parking spaces. However, the project is
proposing to provide 64 parking spaces. Because the proposed project is deficient in parking, the
applicant has applied for a variance to deviate from the parking requirements of the HBZSO. The
applicant submitted a Parking Demand Study, prepared by Rick Engineering Company, to confirm that the
parking demand is not greater than the number of spaces proposed onsite and mitigate potentially
significant impacts associated with inadequate parking capacity. The Study concluded that the 64 parking
spaces provided for the proposed CVS Pharmacy would be sufficient for the parking demand. A detailed
discussion of the parking requirements is in the Variance section above.
Summary
Staff finds that the proposed project is compatible with surrounding uses in terms of architecture, site
layout, design, access, and other development standards. The current Public land use designation does not
allow for commercial uses but the proposed land use designation of Commercial General would allow for
the implementation of the proposed project. The site layout and inclusion of many design features,
building materials, and colors into the architectural design of the building enhances the project and creates
a high quality development. The proposed project would be compatible with the surrounding land uses
because its adjacency to existing commercial development to the north and separation from sensitive land
uses. Therefore, staff supports the proposed amendments to the General Plan and Zoning designations as
well as the proposed development of a pharmacy.
ATTACHMENTS:
1. Suggested Findings and Mitigation Measures for Mitigated Negative Declaration No. 07-007
5. Suggested Findings and Conditions of Approval for Conditional Use Permit No. 08-032, Variance No.
08-008, and Tentative Parcel Map No. 08-121
6. Current/Proposed General Plan Designations (with surrounding designations)
7. Current/Proposed Zoning Designations (with surrounding designations)
10. Code Requirements Letter dated October 10, 2008
12. Arborist's Report dated October 2007
13. Parking Study dated October 2, 2008
16. Design Review Board Checklist Completed by the Applicant (General Commercial) dated July 3,
2008
17. Green Building Features Submitted by the Applicant dated October 30, 2008
SH:HF:TN:lw
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i
INTENTIONALLY
LEFT
BLANK
ATTACHMENT NO. 1
FINDINGS AND MITIGATION MEASURES
MITIGATED NEGATIVE DECLARATION NO. 07-007
FINDINGS FOR APPROVAL - MITIGATED NEGATIVE DECLARATION NO. 07-007
1. Mitigated Negative Declaration No. 07-007 has been prepared in compliance with Article 6 of the
California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a
public comment period of 30 days. Comments received during the comment period were considered
by the Planning Commission prior to action on the Mitigated Negative Declaration No. 07-007.
2. Mitigation measures avoid or reduce the project's effects to a point where clearly no significant effect
on the environment will occur. Mitigation measures address potential impacts to aesthetics, biological
resources, and traffic and transportation. Mitigation measures were generally designed to minimize
impacts related to the removal and relocation of mature trees and inadequate parking capacity at the
project site.
3. There is no substantial evidence in light of the whole record before the Planning Commission that the
project, as mitigated through the attached mitigation measures, will have a significant effect on the
environment. The proposed project will be a high quality development that takes into consideration
the many existing mature trees onsite. The mature trees will be preserved or relocated based on the
proper translocation procedures and specifications documented in the Arborist's Report to ensure their
survival. In addition, the migratory species that may use portions of the site for nesting during
breeding season will be protected through the limitation of the time of construction or vegetation
removal. As for the reduction in the number of required parking spaces, a Parking Demand Study
concludes that the provided parking would be sufficient for the parking demand of the proposed
development and would not result in a parking deficiency.
MITIGATION MEASURES FOR ENVIRONMENTAL CONCERNS:
1. Nestin habitat for rotected or sensitive s ecies:
a. Vegetation removal and construction shall occur between September 1 and January 31 whenever
feasible.
b. Prior to any construction or vegetation removal between February 15 and August 31, a nesting
survey shall be conducted by a qualified biologist of all habitats within 500 feet of the
construction area. Surveys shall be conducted no less than 14 days and no more than 30 days prior
to commencement of construction activities and surveys will be conducted in accordance with
California Department of Fish and Game (CDFG) protocol as applicable. If no active nests are
identified on or within 500 feet of the construction site, no further mitigation is necessary. A copy
of the pre-construction survey shall be submitted to the City of Huntington Beach. If an active
nest of a MBTA protected species is identified onsite (per established thresholds), a 250-foot no-
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work buffer shall be maintained between the nest and construction activity. This buffer can be
reduced in consultation with CDFG and/or U.S. Fish and Wildlife Service.
c. Completion of the nesting cycle shall be determined by a qualified ornithologist or biologist.
2. The structure cannot be occupied and the final building permit(s) cannot be approved until the
removed existing mature trees are replaced in accordance with the requirements of Chapter 232-
Landscape Improvements.
3. For the trees to be relocated, the Arborist's Report shall be revised to include the following:
a. The trees shall be transplanted by a qualified tree service to be approved by the City of Huntington
Beach Public Works Department.
b. The detailed specifications and procedures for the translocation of the identified trees as outlined
by Darrell W. Simpson from Great Scott Tree Service Inc. in the letters dated June 4, 2008 and
June 5, 2008.
c. The relocated trees shall be maintained and guaranteed to be alive and thriving after four years by
a qualified tree service or arborist to be approved by the City of Huntington Beach Public Works
Department. The trees shall be surveyed every six months for a period of four years as to their
viability. The survey shall be submitted to the City Landscape Architect for review. In the even
that any tree is not surviving, it shall be replaced with the same type and size of tree.
d. A letter from the developer stating that the recommendations of the Consulting Arborist will be
followed.
-4. The applicant shall submit a Parking Demand Study, prepared by a licensed Traffic Engineer, to
confirm that the parking demand for the proposed project would not be greater than the number of
spaces currently proposed. At a minimum, the study shall include a survey of the parking demand at
three CVS Pharmacy locations in Orange County during peak hour weekday and weekend times. If
the Parking Demand Study does not confirm a parking demand of no greater than 64 spaces, then the
applicant should evaluate providing more' parking spaces on site and/or reduce the building size
accordingly.
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0
ATTACHMENT NO. 5
SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 08-032
VARIANCE NO. 08-008/TENTATIVE PARCEL MAP NO. 08-121
SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 08-032:
1. Conditional Use Permit No. 08-032 for the establishment, maintenance and operation of the 14,670
square-foot 24-hour drive-thru CVS Pharmacy with 64 parking spaces will not be detrimental to the
general welfare of persons working or residing in the vicinity or detrimental to the value of the
property and improvements in the neighborhood. The proposed project meets all Zoning and
Subdivision Ordinance standards with the exception of the variance for parking requirements. The
proposed project is consistent with the land use/zoning designation applied to the property. The
project will not generate noise, traffic, or other impacts which are inconsistent with the property's
Commercial General's zoning designation or existing land uses in the surrounding neighborhood. In
addition; the project will be designed to provide adequate setbacks, does not exceed building height,
provide code required landscaping, and meets the goals and policies of the General Plan.
2. The conditional use permit will be compatible with surrounding uses because the project consists of
the development of a commercial building on a commercially zoned property, south of existing
commercial development of similar nature and intensity. The proposed project will be designed in a
manner that is sensitive to surrounding uses, including orienting the loading and delivery service areas
away from residential uses. In addition, the project will provide convenient and safe pedestrian
linkages on-site and with the surrounding street system along with a building of high quality
architectural design.
3. The proposed 14,670 square foot 24-hour drive-thru CVS Pharmacy with 64 parking spaces will
comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the
Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the
proposed use in the district in which it would be located, except for the variance requesting a
reduction in the parking requirements. The proposed development plan complies with the zoning
development standards and land use provisions in the Commercial General zoning district by
providing code required minimum setbacks, minimum landscaping, maximum building height, and
maximum floor area ratio.
4. The granting of the conditional use permit will not adversely affect the General Plan. The project is
consistent with the Land Use Element designation of CG-F1 (General Commercial-0.35 Floor Area
Ratio) on the subject property. In addition, it is consistent with the goals and policies of the General
Plan:
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A. Economic Develo ment Element
Goal ED 1: Provide economic opportunities for present and future Huntington Beach residents
and businesses through employment and local fiscal stability.
Ob'ective ED 1.1: Enhance the City's market potential in terms of retail, office, industrial, an d
visitor serving activity. This would allow Huntington Beach to provide for retail, office, an d
industrial opportunities that serve the current and projected population and enhance sales and
occup ancy tax revenue.
.Poli ED 2.4.3: Encourage the expansion of the range of goods and services provided in
Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market
area.
The proposed project promotes development in accordance with Huntington Beach's Economic
Development Element, as commercial development of the site will improve fiscal stability and
provide economic opportunities for the City. New employment opportunities will be created both
in the construction of the proposed development and in the long-term operations of the retail
establishment. High-quality architecture and site design will enhance the long-term economic
success of the proposed development and will further enhance Huntington Beach's economic
prospects.
B. Land Use Element
Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability, while
maintaining the City's environmental resources and scale and character.
Goal LU 10: Achieve the development of a range of commercial uses.
Ob'ective LU 10.1: Provide for the continuation of existing and the development of a diversity of
retail and service commercial uses that are oriented to the needs of local residents, serve the
surrounding region, serve visitors to the City, and capitalize on Huntington Beach recreational
resources.
Polic LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level
of architectural and site layout quality.
Polic LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a
high level of quality, distinctive character, and compatibility with existing uses and development
including the consideration of:
a. incorporation of site landscape, particularly along street frontages and in parking lots;
b. linkage of buildings by common architectural design, landscape and pedestrian systems, to
avoid the appearance of independent free-standing structures surrounded by parking;
c. siting and design of structures to facilitate and encourage pedestrian activity;
d. siting of one or more buildings in proximity to the street frontage to convey a visual
relationship to the street and sidewalks;
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i
e. architectural treatment of buildings to minimize visual bulk and mass, using techniques
such as the modulation of building volumes and articulation of all elevations; and
f. inclusion of consistent signage designed and integrated into the building's architectural
character. (I-LU 1, I-LU4, I-LU 5, I-L U 7,1-LU 10, and I-LU 11)
Goal LU 11: Achieve the development of projects that enable residents to live in proximity to
their jobs, commercial services, and entertainment, and reduce the need for automobile use.
The retail use at the project site represents development which would support the needs and reflect
market demand of City residents and visitors. The proposed development provides additional uses
that would attract and complement existing uses along Goldenwest Street. Development of the
commercial retail use will generate jobs for the community without substantially increasing the
need for housing as most employees will come from the local area. In addition, the proposed
project would help the City to achieve its goal of enhancing the community image of Huntington
Beach through the design and construction'of a high-quality development while still allowing for
the market-driven commercial development. The design of the project promotes development of a
commercial building that conveys a unified visual image and character. The City's Design
Review Board has reviewed the proposed architecture, colors, and materials, and recommends
approval of the design concept.
C. Circulation Element
Goal CE 1: Provide a balanced transportation system that supports the policies of the General
Plan and facilitates the safe and efficient movement of people and goods throughout the City while
providing a balance between economic development and the preservation of residential
neighborhoods, and minimizing environmental impacts.
Goal CE 2: Provide a circulation system which supports existing , approved, and planned land
uses throughout the City while maintaining a desired level of service on all streets and at all
intersections.
Polic CE 2.1.1: Maintain a city-wide level of service (LOS) not to exceed LOS "D" for
intersections during the peak hours.
Polic CE 2.1.2: Maintain a city-wide level of service (LOS) not to exceed LOS "C" for daily
traffic, with the exception of Pacific Coast Highway south of Brookhurst Street.
Goal CE 5: Provide sufficient, well-designed, and convenient on- and off-street parking facilities
throughout the City.
A traffic impact analysis has been completed by a traffic engineering firm to ensure a balanced
transportation system that adequately mitigates the project's potential traffic impacts while still
allowing for commercial development to be achieved. The developer will be required to
contribute a fair-share payment toward traffic system improvements to mitigate the project's
proportionate impacts to certain intersections and roadways.
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SUGGESTED FINDINGS FOR APPROVAL--VARIANCE NO. 08-008:
1. The granting of Variance No. 08-008 to permit a 10-space reduction in parking requirements will not
constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity
and under an identical zone classification. Deviations to the parking requirements have been
previously granted for pharmacies with storage uses separate from the commercial/retail space when
the deviation does not result in insufficient parking capacity. The gross floor area of the proposed
project is 14,670 square feet, which would require 74 parking spaces in accordance to the HBZSO
parking requirements, instead of the proposed 64 spaces for the development. Of the total floor area
for the proposed project, 11,967 square feet will be utilized as commercial/retail space and 2,703
square feet will be utilized for storage purposes only. The required number of parking spaces for
11,967 square feet of commercial/retail area is 60 and the required number of parking spaces for the
receiving and mezzanine storage areas, based on the storage/warehouse parking ratio of 1:1000, would
be three. Because the receiving and storage areas would not be accessible to customers and therefore
would not generate parking demand, the actual parking demand would be 63 spaces. To confirm this
parking demand, a Parking Demand Study was prepared and found that the 64 parking spaces
provided for the proposed pharmacy would be sufficient for the parking demand. Therefore, the
variance for a parking reduction would not result in a parking deficiency or constitute a special
privilege.
2. Because of special circumstances applicable to the subject property, such as location and
surroundings, the strict application of the zoning ordinance is found to deprive the subject property of
privileges enjoyed by other properties in the vicinity and under identical zone classification. The
subject site is a vacant lot with many mature trees along the street frontage and surrounded by existing
facilities on the Golden West College campus. The site layout of the proposed development is
designed to maximize the use of the site and to preserve and relocate these mature trees.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property
rights. The variance to reduce the parking requirements will enable the project to preserve and
relocate the mature trees onsite and develop a high quality design that is sensitive and complimentary
to surrounding uses.
4. The granting of the variance will not be materially detrimental to the public welfare or injurious to
property in the same zone classification. The variance can be supported because the number of
provided parking spaces would be sufficient to satisfy the parking demand of the proposed
development. This conclusion is supported by a Parking Demand Study, prepared by Rick
Engineering Company, of three comparable CVS Pharmacy sites near the proposed site. The Study
concluded that the 64 parking spaces provided for the proposed CVS Pharmacy would be sufficient
for the peak and daily parking demand.
5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land
Use Element designation of CG-F1 (Commercial General-0.35 Floor Area Ratio) on the subject
property because parking for the development will be provided to accommodate the actual demand
and will not result in insufficient parking capacity.
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FINDINGS FOR APPROVAL-TENTATIVE PARCEL MAP NO. 08-121:
1. Tentative Parcel Map No. 08-121 to subdivide a 1.5 acre site from a portion of the Golden West
College site is consistent with the General Plan Land Use Element designation of CG-F I (Commercial
General-0.35 Floor Area Ratio) on the subject property. The proposed subdivision meets all
development standards established in the HBZSO except for the variance for a 10-space parking
reduction in the parking requirements.
2. The site is physically suitable for the type and density of development. The 1.5 acre project site is
generally flat, rectangular, and provides the necessary area for development consistent with the
intensity and density of the General Plan Land Use designation and the proposed Commercial General
zoning district. Furthermore, the proposed development complies with the development standards
regarding setbacks, building height, and landscaping of the Huntington Beach Zoning and Subdivision
Ordinance.
3. The design of the subdivision or the proposed improvements will not cause serious health problems or
substantial environmental damage or substantially and avoidably injure fish or wildlife or their
habitat. The site does not serve as habitat for fish or wildlife.
4. The design of the subdivision or the type of improvements will not conflict with easements, acquired
by the public at large, for access through or use of, property within the proposed subdivision unless
alternative easements, for access or for use, will be provided. The tentative map provides all the
necessary easements and access requirements of the City for the public and provides the necessary
improvements. The improvements include dedications, curbs, gutters, sidewalks, and easements with
reciprocal access between properties to adequately serve the site and adjacent properties.
SUGGESTED CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 08-
032/VARIANCE NO. 08-008/TENTATIVE PARCEL MAP NO. 08-121:
1. The site plan, floor plans, and elevations received and dated October 2, 2008 shall be the
conceptually approved design with the following modifications:
a. Bollards shall be installed at the entrance of the building to prevent vehicles from crashing through
the front doors of the building. (PD)
2. Incorporating sustainable or "green" building practices into the design of the proposed structures and
associated site improvements is highly encouraged. Sustainable building practices may include (but
are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy
and Environmental Design (LEED) Program certification
htt ://www.us bc.or is la Pa e.as x?Cate o ID=19 or Build It Green's Green Building
Guidelines and Rating Systems h ://www.buildit reen.or index.cfm?fuseaction= uidelines).
3. Prior to issuance of grading permits, the following shall be completed:
a. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in
writing to property owners of record and tenants of properties within a 500-foot radius of the
project site as noticed for the public hearing. The notice shall include a general description of
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planned grading activities and an estimated timeline for commencement and completion of
work and a contact person name with phone number. Prior to issuance of the grading permit, a
copy of the notice and list of recipients shall be submitted to the Planning Department. (PW)
b. A Precise Grading Plan shall include the following improvements on the plan:
1. Damaged curb, gutter and sidewalk along the project's Goldenwest Street and Mc Fadden
Avenue frontages shall be removed and replaced per Public Works Standard Plan Nos. 202
and 207. (ZSO 230.84) (PW)
2. The existing driveway approach on Goldenwest Street shall be removed and replaced with
an ADA compliant driveway approach per Public Works Standard Plan No. 211 for a
commercial driveway approach. This driveway shall also provide for ingress of a standard
WB-40 vehicle. (ZSO 230.84) (PW)
3. A new sewer lateral shall be installed connecting to the Midway City Sanitation District
sewer main in McFadden Avenue. This sewer connection has previously been approved
by the Midway City Sanitation District in a Will-Serve letter to Mr. Tom Wilhelm (the
CVS Pharmacy owner representative) of KZ Holdings LLC, dated May 29, 2008. (PW)
c. Any necessary easements (for temporary construction, reciprocal access, etc.) for construction
of the aforementioned driveway approach shall be coordinated with the Coast Community
College District (Golden West College) and copies shall be provided to Planning and Public
Works Departments. (PW)
d. The developer shall provide a Maintenance License Agreement for maintenance of all
enhanced paving in public streets, pedest rian easements , sidewalk, parkway landscaping, and
street furniture located behind public street curbs within the project site. Maintenance shall
include but not be limited to all facets of landscape irrigation, planting, weed and pest control,
any water quality features, trash clean up, repair, replacement and other items that may be
shown and developed within the public right of way. The property owner shall be responsible
for all costs related to the maintenance, and any fees required for water and electrical use.
This agreement shall be in effect until the street improvements within the right of way
dedication are completely installed. At that time the Maintenance License Agreement will
become mute. (PW)
4. Prior to final inspection, the following shall be completed:
a. Surveillance cameras shall be installed at the entrance of the building and drive-thru area and
recorded 24 hours a day, every day. Video tapes shall be retained form at least 30 days. (PD)
5. The development services departments (Building & Safety, Fire, Planning and Public Works) shall be
responsible for ensuring compliance with all applicable code requirements and conditions of
approval: The Director of Planning may approve minor amendments to plans and/or conditions of
approval as appropriate based on changed circumstances, new information or other relevant factors.
Any proposed plan/project revisions shall be called out on the plan sets submitted for building
permits. Permits shall not be issued until the Development Services Departments have reviewed and
PC 08sr56 GPA 08-06 ZMA 08-06 CUP 08-32 (CVS Pharmacy) Attachment No. 5.6
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approved the proposed changes for conformance with the intent of the Planning Commission's
action. If the proposed changes are of a substantial nature, an amendment to the original entitlement
reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section
241.18.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different from
the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold
harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or
proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or
employees, to attack, set aside, void or annul any approval of the City, including but not limited to any
approval granted by the City Council, Planning Commission, or Design Review Board concerning this
project. The City shall promptly notify the applicant of any claim, action or proceeding and should
cooperate fully in the defense thereof.
PC 08sr56 GPA 08-06 ZMA 08-06 CUP 08-32 (CVS Pharmacy) Attachment No. 5.7
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