CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G. 1 STAFF REPORT August 4, 2009 Staff Contact: Tricia Shortridge (707) 449-5140 TITLE: REQUEST: LONGS / CVS DRIVE-THRU PHARMACY & REMODEL TIME EXTENSION (File No. 09-079) TIME EXTENSION FOR THE CONDITIONAL USE PERMIT AND DESIGN REVIEW FOR THE LONGS / CVS DRIVE-THRU PHARMACY & REMODEL LOCATED AT 377 EAST MONTE VISTA AVENUE. RECOMMENDED ACTION: APPROVE THE TIME EXTENSION FOR THE CONDITIONAL USE PERMIT AND DESIGN REVIEW FOR A DRIVE-THRU PHARMACY AND REMODEL SUBJECT TO THE CONDITIONS OF APPROVAL. DISCUSSION On July 1, 2008, the Planning Commission approved a conditional use permit and design review to construct a new drive-thru pharmacy window and canopy on the west side and a new tower element and front entryway on the south side of the CVS / Longs Drug Store located at 377 East Monte Vista Avenue. According to City of Vacaville Land Use and Development Code Section 14.09.072.140, Time Extensions, an application for a time extension shall be submitted prior to the expiration date of the original approval and if approved, allows for a time extension of 1 year unless a longer period of time is approved by the decision-maker. This project proposal is exempt from environmental review pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act (CEQA). ANALYSIS The one year time extension is requested because of the recent change in ownership from Longs Drugs to CVS/Pharmacy. The request does not include proposed changes to the previous approval. Details on the project design can be found in the attached 2008 staff report. The drivethru facility requires approval of a Conditional Use Permit from the Planning Commission. The project design has incorporated a traffic circulation pattern that will accommodate the potential traffic for the use with adequate parking remaining on the site. The project will result in new landscaping in the parking lot to substantially improve the tree shading of the parking area along Cernon Street. In addition, the building remodel is considered to be of high quality design and will result in an improvement to the shopping center. Finally, the project approval also included allowance for amendments to the typical sign designs for the remodeled building. These amendments allowed for larger signs on the two building elevations once the larger façade is constructed. The use has no freestanding monument sign at present, and the original request was approved based upon the specific proposed design for the remodel. Staff believes it is appropriate to allow the time extension for this signage to be installed on the structure. Neighbor Concerns: Stacey Powers, land owner of the corner parcel 0125-283-050, adjacent to the east, and representing Shock s Furniture, is concerned that the previously approved Longs / CVS Drug Store drive thru pharmacy is located within the common area of the entire shopping center. She states that any development within this area must be approved by all property owners within the
shopping center under the terms of the private agreements between owners of the site. According to Ms. Powers, Longs / CVS Pharmacy has not yet obtained permission to develop from all property owners within the shopping center. Please see Attachment 3 for additional detail on the concerns of Stacey Powers who spoke at the July 1, 2008 Planning Commission hearing (see July 1, 2008 minutes, Attachment 2) in order to address these concerns. At the July 1, 2008 hearing, the City Attorney clarified that the issue discussed was a private matter. Shocks Furniture has again contacted the City to indicate concerns they have about the proposed project. According to a July 28, 2009 discussion with Stacey Powers, she is currently in contact with the CVS legal department with the hope that now that there is a new owner, an agreement can be reached and the issues regarding the shopping center common areas resolved. As with the original action to approve this Conditional Use Permit, the project meets the development standards required for approval of a Conditional Use Permit. Staff recommends approval of the Time Extension subject to the same conditions originally applied to this project. RECOMMENDATION That the Planning Commission adopt Resolution No. 09-079 and approve the Time Extension for the Conditional Use Permit and Design Review for a drive-thru pharmacy and remodel subject to the conditions of approval. ATTACHMENTS: Attachment 1 Resolution with Conditions of Approval Attachment 2 Planning Commission Staff Report, July 1, 2008 Attachment 3 Planning Commission Minutes, July 1, 2008 Attachment 4 Concerned Neighbor Information, Date Stamped June 27, 2008 Attachment 5 Concerned Neighbor Letter, Date Stamped July 24, 2009 2
RESOLUTION NO. 09-047 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VACAVILLE APPROVING THE TIME EXTENSION FOR A CONDITIONAL USE PERMIT AND DESIGN REVIEW FOR THE CVS / LONGS DRIVE-THRU PHARMACY AND BUILDING REMODEL WHEREAS, the Planning Commission of the City of Vacaville conducted a hearing on August 4, 2009 to consider a request for a one-year time extension for a Conditional Use Permit and Design Review approval for the CVS / Longs Drug Store drive-thru pharmacy window facility and building remodel relating to the following described property: 377 East Monte Vista Avenue (APN s: 0125-283-020 & 030) WHEREAS, the public hearing before the Planning Commission was duly noticed in accordance with applicable state law and the Vacaville Land Use and Development Code requirements; and WHEREAS, the Planning Commission received testimony from City staff, the applicant and interested persons regarding the proposed project; and WHEREAS, all those in attendance desiring to be heard were given the opportunity to submit written and/or oral comments at the hearing; and WHEREAS, The Planning Commission has reviewed the request for the CVS / Longs Drug Store Drive-thru pharmacy Conditional Use Permit Time Extension and finds: 1. That the proposed use and location is consistent with the goals, objectives, and policies of the General Plan and of the Development Code; 2. That the subject site is suitable for the type of and intensity of use or development proposed, and the location, size, design, and operating characteristics of the proposed use are compatible with adjacent uses or with adjacent natural resources; 3. That the proposed use and any exception or waiver to development or performance standards shall not result in conditions that would be detrimental to the public health, safety, or welfare of the community; 4. That adequate public facilities and services are available to serve the site or will be made available concurrent with the proposed development; 5. That projected traffic levels and levels of service are or as a result of conditions of approval, will be consistent with the policies of the Transportation Element of the General Plan; 6. That the potential impacts to the City s inventory of residential lands have been considered. WHEREAS, The Planning Commission has reviewed the request for the CVS / Longs Drug Store Design Review Time Extension for exterior modifications and finds:
1. That the proposed project is consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Development Code; 2. That the proposed project is consistent with the standards and regulations of the applicable zoning district, and are consistent with any other approvals for the site; 3. That the subject site is suitable for the type and intensity of use or development proposed, and that the design, size, and other physical characteristics of the proposed addition are compatible with the adjacent uses, or with the adjacent natural resources; 4. That the proposed use will not be detrimental to the public health, safety, or welfare of the community; 5. That adequate public facilities and services are available to serve the site or will be made available concurrent with the proposed temporary office trailer; 6. That projected traffic levels and levels of service are consistent with the policies of the Land Use Element of the General Plan. 7. That the proposed project is consistent with the General Commercial zoning district development standards. WHEREAS, The Planning Commission has reviewed the request for the Longs Drug Store Design Review Time Extension for a variation of sign standards in Chapter 14.09.132, Signs, and finds: 1. That the variation is offset by aspects of the Sign Plan that exceed the minimum standards of Chapter 14.09.132, and will result in an equivalent or superior design quality higher; 2. That the intent of the variation is not to reduce standards but to approve alternate standards that are appropriate for a particular development that address unique site and building design constraints; and 3. That the variation in standards does not involve a sign listed as a prohibited sign in Section 14.09.132.130. NOW, BE IT RESOLVED, that the Planning Commission does hereby approve the Time Extension for the CVS / Longs Drug Store Drive-Thru Pharmacy Conditional Use Permit and Design Review for a period of one year from this hearing date, subject to the conditions of approval set forth in Exhibit A attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the Planning Commission of the City of Vacaville, held on the 4th day of August, 2009 by the following vote: AYES: NOES: ABSENT: ATTEST: Maureen T. Carson, Interim Director of Community Development
EXHIBIT A Conditions of Approval Longs / CVS Drive Thru Facility & Building Remodel Time Extension 377 E. Monte Vista Avenue (File 09-047 ; original approval 08-064) I. Standard Conditions of Approval: The applicant shall comply with the applicable Standard Conditions of Approval for Nonresidential Development. In the event of a conflict between the Standard Conditions of Approval and these Conditions, these conditions shall prevail. II. Project-Specific Conditions: The applicant shall comply with the following Project-Specific Conditions: PLANNING 1. Building permits shall be secured before any construction commences. Plans submitted for Building Permits shall be in substantial compliance with plans approved by this action and dated July 1, 2008, expect as modified by these conditions of approval. 2. In addition to the existing landscaping as depicted on the site plan, on the far western perimeter (street side) of the parking lot, inside parking spaces at every other space, install a straight line of six-inch raised concrete curbing to form a landscape island in the shape of a right triangle. Plants that meet the requirements for water efficiency shall be planted inside the landscape islands. 3. In addition to the existing landscaping as depicted on the existing site plan, install six-inch raised curb landscape planters over the painted hatch mark areas which are located at the north and south ends of the western perimeter and center parking aisles. See sheet L.1, Exhibit C. 4. In addition to the existing landscaping located on the site plan, inside the center aisle, at various intervals install at least three tree wells large enough to accommodate the growth of trees that will provide 50% shading of the western end of the parking lot within ten (10) years. Remove the old tree well which is located at the north end of the center parking aisle. 5. All pre-existing landscape planter areas inside the west and south parking lot areas shall be repaired or replanted where needed. Enhance the landscape planters on the north west perimeter of the site with plants that will match those planted in the landscape planter located on the western perimeter of the site. 6. All landscaping required as conditions of approval shall be maintained and be replaced as needed to comply with the approved landscaping plans. 7. A landscape plan shall be submitted for review and approval by the City Planner and the plan shall show the landscape improvements listed above in Conditions 2 5, and shall also include: a) The identification and repair or replanting of landscape planters located inside the south parking lot. b) Identify the number and types of plants and trees to be used for all landscape planters and tree rounds.
8. Pharmacy hours of operation shall be within the following time frames: Week days 9:00 am to 8:00 pm, Saturday 9:00 am to 6:00 pm, and Sunday 10:00 am to 6:00 pm. 9. The West elevation sign area shall not exceed 100 square feet if this provision is granted by the Planning Commission. Otherwise, the sign area on the west elevation shall not exceed 84.5 square feet. 10. In the event a monument sign is requested in the future, the sign area approved under this permit shall default back to the standard provisions of the Sign Ordinance in the Land Use and Development Code. 11. The vacuum tube station shall be painted to match the color of the building. 12. All elevations of the tower features shall be fully enclosed and include decorative treatments (cornice design) on all four sides. 13. All roof-mounted units/equipment including pipes and vents shall not exceed the height of the low parapet. Plans submitted for Building Permits shall include the height of the low and high parapets and the heights of the all roof-mounted units/equipment including the curb height. It shall be the responsibility of the property owner to ensure equipment curbing and final unit sizes do not result in visible roof units/equipment. Please note the final inspection approvals shall not be granted if the proposed project includes visible roof units/equipment. 14. Install three additional tree rounds: two large tree rounds with trees shall be located in each of the two aisles within the south parking lot and one large tree round with a tree to be located in the aisle at the south section of the west parking lot. 15. Paint the existing fascia located on the west and south elevations to match the fascia on both towers. (According to the proposed color on the plans: Deacon s Bench.) POLICE 16. Install surveillance cameras in a strategic location in order to monitor the vehicle traffic that enters and leaves the pharmacy window and vacuum tube area. DEVELOPMENT ENGINEERING 17. The Applicant shall comply with all applicable City of Vacaville Standard Conditions of Approval (Attachment A). In the event of a conflict between the Standard Conditions of Approval and these conditions, these conditions shall prevail. 18. The Applicant shall obtain an encroachment permit for any work to be constructed in the public right of way or public easements, and shall pay all City fees and post the necessary bonds for obtaining such permit. 19. Prior to occupancy, the Applicant shall repair damage to any existing public improvement to the satisfaction of the Director of Public Works. 20. The Applicant shall remove the existing driveways along the Cernon Street frontage and install 30 minimum width commercial driveway per City of Vacaville Standards to meet current Accessibility Standards. 21. In the event that queue problems for the drive-thru pharmacy occur, the City has the right to require Longs Drug Store to specifically examine the site at 377 East Monte Vista Avenue, and make
recommended changes such that queuing or onsite circulation does not impact traffic operations on the public street.