City of Brea PLANNING COMMISSION COMMUNICATION

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Agenda Item 9. City of Brea PLANNING COMMISSION COMMUNICATION TO: FROM: Honorable Chair and Planning Commission Jennifer A. Lilley, AICP, City Planner DATE: 06/27/2017 SUBJECT: PRECISE DEVELOPMENT NO. PD 17-01, CONDITIONAL USE PERMIT NO. CUP 17-02 AND VESTING TENTATIVE PARCEL MAP NO. VTPM 2017-131 - TO ALLOW A NEW PHARMACY AMD DRIVE-THROUGH RESTAURANT, A PARKING MODIFICATION, ALCOHOL SALES AND SUBDIVISION OF PROPERTY LOCATED AT 390 NORTH BREA BOULEVARD IN THE C-G GENERAL COMMERCIAL (PRECISE DEVELOPMENT) ZONE. REQUEST Pacific Planning Group, on behalf of the property owner, 390 N. Brea LLC, is requesting a Precise Development to approve the site development plan for a new pharmacy and a new restaurant, a Conditional Use Permit to allow drive-through services at the pharmacy and restaurant, alcohol sales ancillary to the pharmacy use and a parking modification. The application also includes a Vesting Tentative Parcel Map to allow for the subdivision of the site into two separate parcels. RECOMMENDATION Staff recommends the Planning Commission approve Precise Development No. PD 17-01, Conditional Use Permit No. CUP 17-02, and Vesting Tentative Parcel Map No. VTPM 2017-131, subject to the conditions in the draft Resolutions.

BACKGROUND/DISCUSSION The subject property is a 1.7-acre site located at 390 North Brea Boulevard, see Figure 1. The property is currently developed with a single-story 10,387 square foot bank and a single-story 950 square foot accessory structure both constructed in 1985. The buildings have been occupied by several tenants since construction, with the most recent being Wells Fargo. Precise Development: Projects in Precise Development zones require Planning Commission review to find and determine the project is compatible with the neighborhood, the community and the General Plan. The Applicant requests approval to demolish the existing structures and construct a 13,074 square foot building located at the center of the site for a drive-through CVS pharmacy and a 1,700 square foot building located at the northeast corner for a new drive-through Coffee Bean & Tea Leaf. The site will be accessed from driveways on Brea Boulevard, Lambert Road and Orange Avenue. The new buildings feature contemporary architecture and include new landscaping surrounding the project site and adjacent to the new structures. The existing on-site art piece will be preserved in its current location. The project has been designed to meet or exceed the development standards for the C-G(PD) General Commercial (Precise Development) zone as shown in Figure 2. Figure 2 Development Standards Comparison Table Required Pharmacy Restaurant Lot Coverage 50% max 17.5% 2.3% Height 35 ft. max 28 ft. 17 ft. Setback (Front) 10 ft. min 84 ft. along Brea 23 ft. along Lambert Setback (Sides) 0 ft. 83 ft. along Lambert 64 ft. along property to the South 213 ft. along Brea 35 ft. along Orange Setback (Rear) 0 ft. 55 ft. along Orange 228 ft. along property to the South Lot Size 6,000 sq. ft. min. 57,219 sq. ft. 17,457 sq. ft. Lot Width None 117-276 ft. 112-120 ft. Lot Depth None 178-283 ft. 105-116 ft. Conditional Use Permit for Drive-Throughs and Parking Modification: The Applicant proposes two separate drive-throughs, one for the pharmacy and one for the restaurant. The CVS store and drive-through will be open 24 hours a day, 7 days per week. The Coffee Bean café and drive-through will operate 24 hours a day, 7 days per week. The uses as proposed and the hours of operation are similar to Starbucks, Rite Aid and other similar uses throughout the City and are expected to be compatible with surrounding commercial uses, the junior high school to the North and the community. The Applicant is requesting to reduce the required number of parking spaces from 91 to 75 spaces equal to an 18 percent reduction. Parking on site is proposed to be shared by both uses and will be managed with a reciprocal access and parking agreement. The Applicant has submitted a parking study, Attachment 4, demonstrating the 75 proposed parking spaces will be sufficient and exceed the demand generated by the proposed CVS and Coffee Bean & Tea Leaf uses. Staff has added Condition 5h of the CUP/PD Resolution to address potential future parking need changes. Conditions 4e and 4g of the Parcel Map Resolution have also been added to ensure reciprocal parking, access, coordinated maintenance and management is provided for the life of the project. The Code prescribes drive-through stacking for restaurants but not for other uses. To ensure

adequate stacking for the pharmacy drive-through, the Applicant has provided a study demonstrating the distance is adequate to meet anticipated demand, Attachment 4. Both the parking and drive-through study have been independently reviewed and found to be accurate in their assessment and recommendations. Vesting Tentative Parcel Map: The proposed Vesting Parcel Map would subdivide the site into two new parcels allowing the owner flexibility to maintain both properties or sell the sites individually. Maintenance and repair of common areas such as landscaping, signs, utility lines, parking lots, driveways, etc. will be shared between the new parcels and will be required through the recording of the CC&Rs as prescribed in Condition 4g of the Parcel Map Resolution. The site design and layout of the proposed Subdivision Map complies with the General Plan and meets all of the requirements of the C-G(PD) zone, see Figure 2, as well as the Subdivision Ordinance, the California Subdivision Map Act, and with all applicable Building and Fire Codes. The project site is suitable for the proposed development and the subdivision is not expected to cause any environmental or health problems. Alcohol Sales: The proposed ancillary sales of alcohol in conjunction with the CVS is permitted in the C-G (PD) zone with a Conditional Use Permit. It is common for a grocer or pharmacy business such as Rite Aid, Vons and Ralph s to offer ancillary sales of alcohol. The Brea Police Department has indicated no incidents involving alcohol sales have occurred at other similar businesses in Brea, and does not anticipate this use as proposed to have negative impacts on surrounding land uses. The subject property is located within Census Tract 15.07. Existing active off-sale licenses in this tract include: 1. Vons at 780 N. Brea Blvd. (Type 21, Off-sale General) 2. 7-Eleven at 109 W. Lambert Rd. (Type 20, Off-sale beer and wine only) 3. Joe s Liquor at 710 N. Brea Blvd., Ste. B (Type 21, Off-sale General) CVS proposes to offer a combination of beer, wine and distilled spirit ancillary to the sale of other personal and household products. This use will be the only pharmacy in Census Tract 15.0 and will operate according to ABC standards, including training employees who handle sales. The Brea Police Department has reviewed this application and has no objections to the request. This request is expected to be compatible with surrounding land uses and not create a negative impact for the community. ENVIRONMENTAL ASSESSMENT The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of Title 14, Chapter 3, Article 19 of the California Code of Regulations.

TECHNICAL BACKGROUND Case Nos: Property Location: Applicant: Property Owner: General Plan Designation: Zoning Designation: Lot Size: Adjacent Zoning/Land Uses North: South: East: West: Site and Neighborhood Characteristics: Public Hearing Notices: Precise Development No. PD 17-01, Conditional Use Permit No. CUP 17-02, Vesting Tentative Parcel Map No. VTPM 2017-131 390 North Brea Boulevard 390 N Brea LLC 390 N Brea LLC General Commercial C-G (PD) General Commercial (Precise Development) 1.7 acres PF Public Facilities, junior high school C-G (PD) General Commercial (Precise Development), commercial uses M-2 General Industrial, drive-through restaurant and industrial uses MU-I Mixed-Use I, commercial uses The site is located at the southeast corner of Lambert Road and Brea Boulevard. Brea Boulevard is defined as a Primary Arterial and Lambert Road is defined as a Major Arterial in the Circulation Element of the General Plan. The site was developed in the 1980s. The surrounding area consists of urban development with a mix of commercial, industrial and educational uses. Legal noticing was published in the Brea Progress on June 14, 2017, and approximately 39 notices were sent to property owners within a 500-foot radius of the project site on June 15, 2017.

RESPECTFULLY SUBMITTED Jennifer A. Lilley, AICP, City Planner Prepared by Fang Zhou, Assistant Planner 1. Vicinity Map 2. Public Notice 3. Project Plans 4. Parking and Drive-Through Study 5. CUP and PD Resolution 6. TPM Resolution Attachments