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HomeMy WebLinkAbout4 - CUP 11-2 12541 Seal Beach Blvd (Rite Aid)April 20, 2011 To: Honorable Chairwoman and Members of the Planning Commission From: Department of Development Services Subject: Conditional Use Permit 11 -2 12541 Seal Beach Boulevard (Rite Aid) GENERAL DESCRIPTION Applicant: MPA INC. (ON BEHALF OF ROSSMOOR SHOPS, LLC) ( Owner: RossMOOR SHOPS, LLC Location: 12541 SEAL BEACH BOULEVARD Classification of GENERAL COMMERCIAL (GC) Property: FOR THE ESTABLISHMENT OF A DRUG STORE AND PHARMACY WITH A DRIVE - THROUGH; ALCOHOL SALES; AND 24 -HOUR OPERATION. Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Sections: 11.2.10; 11.4.05.015; 11.4.05.050; 11.4.05.070; AND 11.5.20 OF THE SEAL BEACH MUNICIPAL CODE. Recommendation: APPROVAL OF CONDITIONAL USE PERMIT 11 -2, SUBJECT TO CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF, AND AS MAY BE FURTHER REVISED BY THE COMMISSION AFTER CONSIDERATION OF PUBLIC TESTIMONY, THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION 11 -4. Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 FACTS ■ On March 2, 2011, MPA, Inc. (on behalf of Rossmoor Shops, LLC) filed an application with the Department of Development Services for Conditional Use Permit (CUP) 11 -2 to establish a drug store and pharmacy with drive - through; alcohol sales; and 24 -hour operation within the General Commercial (GC) zone at 12541 Seal Beach Boulevard. ■ The subject property was most recently developed as a Chevron automobile service station, and presently contains a KFC restaurant and vacant commercial lease space. ■ The subject property is presently described as Orange County Assessor's Parcel # 086 - 492 -13. ■ The subject property is approximately 240' x 240' and contains approximately 58,000 square feet. ■ The proposed new structure will be approximately 17,400 square feet in area, with a drive through lane at the north side of the structure and a truck loading dock and solid trash enclosure at the west side (rear) of the structure. ■ The nearest residential properties are located approximately 75 feet to the south of the subject property, within the community of Rossmoor. ■ The surrounding land uses and zoning are as follows: ➢ NORTH, WEST, and EAST — Commercial uses within the General Commercial (GC) zone. ➢ SOUTH — Residential uses within the community of Rossmoor. ■ Sergeant Ron Lavelle with the Seal Beach Police Department has reviewed the application and has no reservations or concerns regarding the subject request. ■ The Department of Public Works has reviewed the application and has provided Planning Staff with comments and suggested conditions. ■ As of April 12, 2011, the Planning Department has not received any comments or responses to the public hearing notices that were published and mailed regarding this application. Page 2 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 DISCUSSION The applicant is proposing to redevelop a former Chevron service station site into a 24- hour Rite Aid drug store and pharmacy with a drive through. The project is part of the ongoing redevelopment of the Shops at Rossmoor shopping center and will also result in the demolition of the adjacent commercial structure to the north that is presently a KFC restaurant and vacant commercial space. The applicant is requesting a Conditional Use Permit for a drive - through pharmacy pick -up window; alcohol sales; and 24 -hour operation. The applicant will also be requesting a Lot Line Adjustment through the City's Public Works /Engineering department for the expansion and reconfiguration of the existing property to accommodate the new development, as well as a reciprocal parking agreement between the adjacent office building property, the Rite -Aid lease space, and the shopping center at- large. Traffic The primary issues of concern with this redevelopment are traffic circulation within the center and the adjacent public rights -of -way, and how the circulation may be impacted by the change in use, the addition of a drive - through window, and the removal and reconfiguration of existing curb cuts that provide access to the proposed new structure and the center at large. To alleviate City concerns regarding traffic generation and potential traffic trip impacts, Staff requested that the applicant provide the City with a `Trip Generation and On -Site Circulation Assessment' (traffic study) prepared by a certified traffic engineer. The applicant has provided such an assessment, which was prepared by the traffic engineering firm of Linscott, Law, & Greenspan (LLG). The traffic study takes into consideration the trip generation potential of the proposed use versus the trip generation of the uses that the proposed use will replace (also known as "trip credit "). In summary, the traffic study states that the proposed 17,340 square -foot Rite Aid drug store /pharmacy with drive - through in place of the existing /previously existing gas /service station, fast -food restaurant, and retail space would generate approximately 739 fewer daily trips, with 40 fewer AM peak hour trips and only 7 more PM peak hour trips. Based on the comparison, the traffic engineer has concluded that the traffic impact potential associated with the proposed project will be insignificant and negligible and the intersections in the vicinity of the project are not likely to be significantly impacted by the net addition of project traffic. With regard to on -site parking and circulation, the traffic study has determined that the overall site layout does not create significant vehicle - pedestrian conflict points and that the driveway design is sufficient such that access to parking spaces is not impacted by internal vehicle queuing /stacking Page 3 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 at the drive - through, and that the internal drive aisle widths, driveway widths, parking stall widths, off - street loading spaces, and overall on -site traffic circulation is acceptable The City's Public Works /Engineering department has reviewed the LLG study and City Staff agrees with its findings. Drive - Through The proposed Rite Aid will occupy the lease space formerly occupied by a Chevron gas /service station and the lease space now occupied by KFC and a vacant commercial building. This particular Rite Aid is proposing to offer the drop -off and pick- up of prescriptions via the drive - through window. Drive - through windows are a service that many pharmacies offer and they provide added convenience to their customers. The proposed drive - through appears to be adequately sized and provides an adequate queuing length, roughly four cars, for the designated purpose. Because of its location away from major activity within the center, as well as the reconfigured layout of the ingress and egress points along Seal Beach Boulevard and St. Cloud Drive, the proposed drive - through is not anticipated to adversely impact traffic circulation within the center or create traffic impacts along the adjacent streets. Residential uses are of an adequate distance from the drive - through so that automobile or speaker noise is not anticipated to adversely impact residential areas. Staff is recommending that certain conditions be added to the drive - through approval, including restricting the opening of the drive - through exit to a maximum of fifteen (15) feet; "STOP" and "No U- turn" signs being placed at the drive - through exit; and that all on -site traffic signage be approved by the City's Public Works /Engineering department. Staff is -also recommending that bollards, or a raised curb, be placed along the exterior wall of the building where the drive - through is located, to prevent vehicles from inadvertently damaging the exterior wall of the building. Parking Per the Seal Beach Municipal Code, the proposed project would require one (1) parking space per 300 square feet of gross floor area. As the project proposal is for an approximately 17,400 square foot building, the required on -site parking would be 58 parking spaces. Within the defined lease area, the plan shows a total of 51 parking spaces provided. However, the applicant is proposing to merge this parcel with the remainder of the shopping center and since, at last count, the entire shopping center had a surplus of well over 200 parking spaces, the parking provided within the shopping center is adequate to meet the requirements of the proposed new construction. Page 4 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 The adjacent office building located to the west of the proposed project is a separate legal parcel from the shopping center and therefore all required parking for this building must theoretically be contained within the parcel. The City has been aware of a parking deficiency with this building for some time, and the proposed project is requesting to reduce this parking even further by approximately twenty (20) parking spaces, via the lot line adjustment that will enable the development of the lot. To rectify this, Staff will require a condition that the project applicant shall execute a reciprocal parking agreement between the office building and the shopping center, to ensure that adequate parking is available for the office building now and in the future. Alcohol Sales The applicant is seeking approval for a Type 21 (Off -Sale General — Package Store) ABC license in conjunction with the proposed new development. Alcohol sales are a somewhat common feature for drug stores of this size and nature, and it both Staff's and SBPD's experience that corporate -type stores such as Rite Aid generally do not have problems with sales' of alcohol to minors due to the implementation of company policies and employee training with regard to alcohol sales. Based on information provided by the Department of Alcoholic Beverage Control (ABC), Staff has compiled the following list of existing alcohol licenses within the general vicinity of the existing business: EXISTING ALCOHOL- LICENSES WITHIN CENSUS TRACT 1100.08 as of 411/2011 Address Business Name Type of ABC License Conditional Use Permit Case Number 3001 Old Ranch Parkway Kobe Japanese Steakhouse 47 88 -2; 99 -1 3005 Old Ranch Parkway Spaghettini 47 88 -1 12171 Seal Beach Boulevard California Pizza Kitchen 47 07 -6 12235 Seal Beach Boulevard Pei Wei Asian Diner 41 07 -5 12301 Seal Beach Boulevard Sprouts Farmer's Market 20 08 -1 12365 Seal Beach Boulevard Chipotle Mexican Grill 47 10 -3 12489 Seal Beach Boulevard Marie Callender's 47 03 -5 Page 5 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 License Types: _Type 20: Off Sale Beer and Wine (Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises. Type 21: Off Sale General (Package Store) Authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. Type 41: On Sale Beer & Wine — Eating Place (Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Minors are allowed on the premises. Type 47: On Sale General — Eating Place (Restaurant) Authorizes the sale of beer, wine, and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption off the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Minors are allowed on the premises. Based on information received from the ABC, there is presently an over - concentration or undue concentration of existing alcohol licenses within the census tract for on- premise alcohol licenses by one license, but there is not an over - concentration for off- premise licenses. Additionally, the maximum number of licenses allowed for census tract #1100.08, based on a census tract population of approximately 4,304 (2000 census) residents, has not been met. ABC allows a maximum of 8 licenses within the census tract (5 on- premise licenses, 3 off - premise licenses) and there are currently 7 total active licenses within the tract. ABC bases the number of licenses allowed within a census tract on a combination of population figures within the census tract, as well as crime statistics. This current request by Rite Aid would add an additional ABC license to the census tract, but would not result in an over - concentrated situation with regard to total number of licenses for the census tract, and would not result in an over - concentration with regard to the number of off - premise licenses within the tract. Over Concentration of alcoholic beverage licenses has been an issue within the city in the past, particularly in areas with high crime reporting districts. The State's Alcoholic Beverage Control Act, Regulation 61.3, says that if an area has both high crime and an over concentration of ABC licenses, ABC can automatically deny an application for a Page 6 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 liquor license. Several years ago, the City's Police Chief made a request to ABC that the City be placed under Regulation 61.3. The purpose of this request was to give ABC a basis on which to deny a license request. However, a City may approve a CUP application in an over concentrated area if it so desires. Staff has contacted Sergeant Ron Lavelle of the Seal Beach Police Department regarding the subject application, and Sergeant Lavelle has stated that SBPD does not have any concerns regarding the subject application. Staff believes that, given the nature and types of businesses located within The Shops at Rossmoor, that the request for a Type 21 ABC license at this location in conjunction with a proposed new Rite Aid store is compatible with the surrounding development. 24 -Hour Operation The Municipal Code allows commercial activities between 6:00 a.m. and 12:00 a.m. (midnight), with extended operating hours outside of this time frame permitted only upon the approval of a Conditional Use Permit. Staff believes that, given the type of business and the proximity of the business to a major arterial street, that a 24 -hour operation is suitable for this location, subject to the requirements of SBMC Section 11.4.05.055, which addresses such issues as crime prevention, noise, number of employees on duty, etc. Other similar approvals of 24 -hour operations within the vicinity include the Ralph's Market at 12470 Seal Beach Boulevard (CUP 00 -09) and CVS Pharmacy at 12490 Seal Beach Boulevard (CUP 99 -05), although upon verifying CVS Pharmacy's operating hours online, it does not appear that they are currently exercising their ability to operate on a 24 -hour basis. Staff is not aware of any adverse impacts that have resulted from the 24 -hour operation of Ralph's supermarket and believes that the proposed Rite Aid can be adequately conditioned, such that any potential impacts that may arise from a 24 -hour operation can be addressed accordingly. RECOMMENDATION Section 11.5.20.020 of the Municipal Code sets forth "Findings for Approval of Use Permit ". A use permit shall only be granted if the Planning Commission finds, based upon evidence presented at the hearing, the proposal as submitted, or as modified, conforms to all of the following criteria, as well as to any other special findings required for approval of use permits in specific zoning districts: Page 7 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 1. The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; 2. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the of the Municipal Code; 3. The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints; 4. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and 5. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. Staff believes that the proposed project meets all of the required findings and recommends that the Planning Commission, after considering all relevant testimony, written and oral, presented during the public hearing, approve Conditional Use Permit 11 -2 subject to conditions. Approval of Conditional Use Permit 11 -2 should be through the adoption of Resolution No. 11 -4, with the following conditions in place: 1. Conditional Use Permit 11 -2 is approved for a proposed new Rite Aid drug store /pharmacy with drive -thru pharmacy window; off - premise alcohol sales; and 24 -hour operation at 12541 Seal Beach Boulevard. 2. All construction shall be in substantial compliance with the submitted plans dated January 31, 2011, that were submitted as a supplement to the application for Conditional Use Permit 11 -2. 3. The permitted hours of operation for the drug store /pharmacy and drive - through shall be 24 -hours daily. 4. No commercial deliveries or trash disposal activities may occur in association with the operation of this business between the hours of 10:00 p.m. and 7:00 a.m. Page 8 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 5. The applicant or property owner shall provide "STOP" and "No U- turn" signs at the exit of the drive - through aisle to the satisfaction of the City Engineer prior to the issuance of a Certificate of Occupancy 6. The applicant or property owner shall ensure that the opening at the exit of the drive - through aisle is not greater than 15' -0" in width and is oriented such that it prevents U -turns out of the drive - through aisle prior to issuance of a Certificate of Occupancy. 7. The applicant or property owner shall provide a painted limit line on the pavement at the mouth of the drive - through exit prior to the issuance of a Certificate of Occupancy. 8. The applicant or property owner shall place bollards, a raised curb, or a similar type protective feature, along the exterior wall of the building where the drive - through is located, to prevent vehicles from inadvertently damaging the exterior of the building. 9. The final design of the loading dock area and any fence or screen wall above the loading dock shall be subject to review and approval of the Department of Development Services. Prior to the issuance of a building permit, if it is determined that traffic visibility is a potential problem, the Department of Development Services reserves the right to require the applicant to modify the design of the loading dock area and any fence or screen wall, to provide greater visibility for traffic utilizing the drive aisle behind the building. 10. A Water Quality Management Plan (WQMP) for all new construction shall be submitted to and approved by the Department of Public Works prior to the issuance of any building permits. 11. Adequate proof of site clearance from the Orange County Health Care Agency, Orange County Fire Authority, or any other applicable agencies, must be submitted to the City of Seal Beach prior to the issuance of any building permits. 12. The developer /owner is responsible for ascertaining and paying all City development fees such as, but not limited to, sewer deficiency fees, water meter fees and metered water service impact fees as required by SBMC. 13. All improvement plans, including grading and public improvement plans, shall be based upon City- approved datum. Benchmark references to be obtained from the Engineering Division. Page 9 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 14. The Developer shall obtain a "will- serve" letter from Orange County Sanitation District, the sewage service provider for the subject property. The Developer shall comply with all requirements of Orange County Sanitation District before final approval from the City. 15. The Developer shall obtain a "will- serve" letter from Golden State Water Company, the water purveyor for the subject property. The Developer shall comply with all requirements of Golden State Water Company before final approval from the City. 16. A site grading and drainage plan shall be prepared in conformance with City standards. A hydrology and hydraulic study of the site may be required for submittal to the City Engineer for review and approval. The site shall be graded to drain to the public street or in a manner otherwise acceptable to the City Engineer. Drainage from contiguous properties shall not be blocked and shall be accommodated to the satisfaction of the City Engineer. 17. Applicant shall submit a list of items of work and cost estimates for the proposed grading and site improvements, such as: earthwork quantities, retaining walls, drainage devices, landscaping, asphalt pavement, and fencing. Cost estimates will be necessary for determining bond amounts for this development. Improvement bonds shall be submitted for City review and approval prior to issuance of any building permits or grading permits. 18. "National Pollutant Discharge Elimination System (NPDES) - Developer /owner is required to obtain a "General Construction Activity Storm Water Permit," and the City shall condition the issuance of the grading permit on evidence of compliance with this permit and its requirements. Compliance information is available in the Office of the City Engineer. A LWSPPP or SWPPP is required. 19. The grading and drainage plan shall incorporate all pertinent site development comments from the City's geological and geotechnical consultants and shall also include the approved geological and geotechnical report submitted by the developer's consultants. 20. Any damage done to existing street improvements and utilities shall be repaired before acceptance of the project. Existing damaged, deteriorated, substandard or off -grade curb, gutter, driveways and sidewalk must be repaired or replaced to the satisfaction of the City Engineer. All existing driveways, if not used, must be removed and replaced with curb and sidewalk in accordance with City standards. All improvements must meet current American's with Disabilities Act (ADA) compliance. Page 10 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 21. All electric, telephone and cable TV utility services shall be installed fully underground and to required City standards. Satisfactory provisions for all other utilities and service connections, including water, sewer and gas, shall be made to City and public utility standards. A utility plan shall be prepared and submitted showing all existing and proposed utilities. The utilities may be shown on either a separate plan or on the proposed site plan. 22. All buildings shall have roof gutters, and all roof drainage shall be conducted to the public street or an approved drainage facility in a manner approved by the City Engineer. 23. Parkway plans and designs shall be submitted for review and approval by the City Engineer. The need for preserving existing street trees and /or providing additional street trees shall be reviewed and approved by the City's Public Works Department. 24. The City reserves the right to restrict driveway access to and from the project in the event future traffic conditions warrant such restricted turn movements. 25. An encroachment permit shall be obtained from the City prior to performing any work in any public right of way. 26. Cardboard bailer(s) shall be placed on -site for all cardboard waste. 27. The proposed project's traffic study shall follow the City's Traffic Impact Guidelines. 28. Traffic Impact fees, as adopted by the City and if applicable, shall be paid by the Developer. 29. The developer shall provide signage on -site to help direct internal circulation from the Rite Aid development into the rest of the Shops at Rossmoor. An on- site signage, striping and circulation plan shall be approved by the City's Public Works Department, Development Services Department, and shall be in conformance with any currently existing sign programs for the property. 30. The applicant shall file an application for a Lot Line Adjustment with the Department of Public Works — Engineering Division for all proposed lot line modifications prior to the issuance of any building permits; any necessary lot line adjustments shall be recorded by the Orange County Recorder's Office prior to the issuance of a Certificate of Occupancy. Page 1 l Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 31. The applicant shall execute and record any necessary Reciprocal Parking Agreements to ensure that all uses, including but not limited to: the office building immediately adjacent and to the west of the proposed project site, Rite Aid, and the Shops at Rossmoor shopping center, continue to provide adequate parking for their respective uses. 32. A `Reciprocal Access Agreement' shall be executed and recorded between the existing office building located immediately adjacent and to the west of the proposed project site and the Shops at Rossmoor shopping center, to the satisfaction of the Director of Development Services, to ensure the proposed trash enclosure for the Rite Aid development, and access to said enclosure, remains available to Rite Aid in perpetuity. 33. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 34. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC) and a copy of said approved license shall be filed with the Department of Development Services as soon as the license is received by the applicant from ABC. 35. There shall be posting of signs in the area where alcoholic beverages are displayed for sale stating that sales of alcoholic beverages to persons under 21 years of age is prohibited, as well as Proposition 65 warnings with regard to alcohol consumption. 36. It shall be the responsibility of the applicant/licensee to provide all employees that sell alcoholic beverages with the knowledge and skill enabling them to comply with their responsibilities under State of California law. 37. In the event that the Seal Beach Police Department determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach to require the provision of additional security measures. 38. A minimum of one armed security guard, P.O.S.T. certified, shall remain on duty during all hours from 12:01 A.M. to 6:00 A.M. that the business is open. The Planning Commission may waive or modify the security guard requirement if an alternative method is determined to be acceptable in meeting the intent of this subsection and upon recommendation of the Police Chief. Page 12 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 39. A minimum of two (2) employees (in addition to any required security guard) shall be on duty at all times between the hours of 12:01 A.M. and 6:00 A.M. that the business is open or employees are present. The Planning Commission may authorize only one (1) employee after determining that the employee will operate the business from an adequately secured facility and upon recommendation of the Police Chief. 40. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal Beach Municipal Code as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15 41. Upon receiving any combination of three (3) substantiated complaints from three (3) different residences within 300 feet of the extended hour business within one (1) calendar year concerning noise, hours of operation, and traffic control as specified in SBMC Section 11.4.05.055, or at the discretion of the Director or the Planning Commission, the Planning Commission shall review the extended hour business operation at a noticed public hearing conducted in accordance with the procedures outlined in Chapter 11.5.10. 42. A lighting and security plan for the project site shall be submitted to the Director of Development Services for approval prior to the issuance of a building permit. Lighting plan shall provide 'cut -off' or similar fixtures to ensure that there is no light encroachment onto adjacent commercial or residential properties, yet provide adequate lighting for security purposes. Security cameras will be required for the drive -thru area as part of the security plan. 43. All proposed signage for the business shall comply with Chapter 11.4.25 of the SBMC. No more than one freestanding sign shall be allowed for the proposed business. Any additional freestanding signage shall require a modification to the Planned Sign Program for the Shops at Rossmoor (PSP 07 -1). 44. This CUP shall not become effective for any purpose unless /until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar -day appeal period has elapsed. 45. A modification of this CUP shall be applied for when: Page 13 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 46. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Title 11 of Seal Beach Municipal Code if harm or retail - related problems are demonstrated to occur as a result of criminal or anti - social behavior, including but not limited to the congregation of minors, violence, vandalism, solicitation and /or litter. 47. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 48. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 49. Failure to comply with any of these conditions may result in the revocation of this Conditional Use Permit. Page 14 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 For: April 20, 2011 101ivera, AICP Planner rent of Development Services Attachments (4): 1. Proposed Resolution 11 -4 2. Application 3. "Trip Generation and On -Site Circulation Assessment for the Proposed Rite Aid Pharmacy" prepared by Linscott, Law, & Greenspan, Traffic Engineers, and dated October 8, 2011. 4. Project Plans Page 15 Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 ATTACHMENT 1 PROPOSED RESOLUTION 11 -4, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 11 -2, FOR THE ESTABLISHMENT FOR A NEW DRUG STORE AND PHARMACY WITH DRIVE - THROUGH SERVICE; A TYPE 21 (OFF -SALE - GENERAL, PACKAGE STORE) ABC LICENSE; AND 24 -HOUR OPERATION AT 12541 SEAL BEACH BOULEVARD (RITE AID) Page 16 RESOLUTION NUMBER 11 -4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITONAL USE PERMIT 11 -2 FOR THE ESTABLISHMENT OF A NEW DRUG STORE AND PHARMACY WITH DRIVE - THROUGH SERVICE; A TYPE 21 (OFF -SALE - GENERAL, PACKAGE STORE) ABC LICENSE; AND 24 -HOUR OPERATION AT 12541 SEAL BEACH BOULEVARD (RITE AID) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On March 2, 2011, MPA, Inc (the "applicant ", on behalf of Rossmoor Shops, LLC) filed an application with the Department of Development Services for Conditional Use Permit 11 -2 to establish a drug store and pharmacy with drive - through service; a Type 21 (Off -sale — General, Package Store) ABC license; and 24 -hour operation within the General Commercial (GC) zone at 12541 Seal Beach Boulevard. Section 2 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has determined as follows: The application for CUP 11 -2 for the subject requests is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density. Section 3 . A duly noticed public hearing was held before the Planning Commission on April 20, 2011, to consider the application for CUP 11- 2. At the public hearing the Planning Commission received evidence and testimony regarding said application. Section 4 . The record of the hearing of April 20, 2011, indicates the following: (a) On March 2, 2011, MPA, Inc (the "applicant ", on behalf of Rossmoor Shops, LLC) filed an application with the Department of Development Services for Conditional Use Permit 11 -2. Specifically, the applicant is requesting to establish a drug store and pharmacy with drive - through service; a Type 21 (Off -sale — General, Package Store) ABC license; and 24- hour operation within the General Commercial (GC) zone at 12541 Seal Beach Boulevard. (b) The subject property is described as Orange County assessor's parcel # 086 - 492 -13. (c) The subject property is approximately 240' x 240' and contains approximately 58,000 square feet. (d) The proposed new structure will be approximately 17,400 square feet in area, with a drive - through lane at the north side of the structure and a truck loading dock and solid trash enclosure at the west side (rear) of the structure. (e) The nearest residential properties are located approximately 75 feet to the south of the subject property, within the community of Rossmoor. (f) The surrounding land uses and zoning are as follows: ❑ NORTH, WEST, and EAST — Commercial uses within the General Commercial (GC) zone. ❑ South — Residential uses within the community of Rossmoor. (g) Sergeant Ron Lavelle with the Seal Beach Police Department has reviewed the application and has no reservation or concerns regarding the subject request. (h) The City's Department of Public Works has reviewed the application and has provided Planning Staff with comments and suggested conditions. Section 5 . Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 11.2.10; 11.4.05.015; 11.4.05.050; 11.4.05.070; and 11.5.20 of the City's Zoning Code, the Planning Commission makes the following findings: (a) The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; (b) The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the of the Municipal Code; (c) The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints; (d) The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and (e) The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 11 -2, subject to the following conditions: 1. Conditional Use Permit 11 -2 is approved for a proposed new Rite Aid drug store /pharmacy with drive -thru pharmacy window; off - premise alcohol sales; and 24 -hour operation at 12541 Seal Beach Boulevard. 2. All construction shall be in substantial compliance with the submitted plans dated January 31, 2011, that were submitted as a supplement to the application for Conditional Use Permit 11 -2. 3. The permitted hours of operation for the drug store /pharmacy and drive - through shall be 24 -hours daily. 4. No commercial deliveries or trash disposal activities may occur in association with the operation of this business between the hours of 10:00 p.m. and 7:00 a.m. 5. The applicant or property owner shall provide "STOP" and "No U- turn" signs at the exit of the drive - through aisle to the satisfaction of the City Engineer prior to the issuance of a Certificate of Occupancy 6. The applicant or property owner shall ensure that the opening at the exit of the drive - through aisle is not greater than 15' -0" in width and is oriented such that it prevents U -turns out of the drive - through aisle prior to issuance of a Certificate of Occupancy. 7. The applicant or property owner shall provide a painted limit line on the pavement at the mouth of the drive - through exit prior to the issuance of a Certificate of Occupancy. 8. The applicant or property owner shall place bollards, a raised curb, or a similar type protective feature, along the exterior wall of the building where the drive - through is located, to prevent vehicles from inadvertently damaging the exterior of the building. 9. The final design of the loading dock area and any fence or screen wall above the loading dock shall be subject to review and approval of the Department of Development Services. Prior to the issuance of a building permit, if it is determined that traffic visibility is a potential problem, the Department of Development Services reserves the right to require the applicant to modify the design of the loading dock area and any fence or screen wall, to provide greater visibility for traffic utilizing the drive aisle behind the building. 10. A Water Quality Management Plan (WQMP) for all new construction shall be submitted to and approved by the Department of Public Works prior to the issuance of any building permits. 11. Adequate proof of site clearance from the Orange County Health Care Agency, Orange County Fire Authority, or any other applicable agencies, must be submitted to the City of Seal Beach prior to the issuance of any building permits. 12. The developer /owner is responsible for ascertaining and paying all City development fees such as, but not limited to, sewer deficiency fees, water meter fees and metered water service impact fees as required by SBMC. 13. All improvement plans, including grading and public improvement plans, shall be based upon City- approved datum. Benchmark references to be obtained from the Engineering Division. 14. The Developer shall obtain a "will- serve" letter from Orange County Sanitation District, the sewage service provider for the subject property. The Developer shall comply with all requirements of Orange County Sanitation District before final approval from the City. 15. The Developer shall obtain a "will- serve" letter from Golden State Water Company, the water purveyor for the subject property. The Developer shall comply with all requirements of Golden State Water Company before final approval from the City. 16. A site grading and drainage plan shall be prepared in conformance with City standards. A hydrology and hydraulic study of the site may be required for submittal to the City Engineer for review and approval. The site shall be graded to drain to the public street or in a manner otherwise acceptable to the City Engineer. Drainage from contiguous properties shall not be blocked and shall be accommodated to the satisfaction of the City Engineer. 17. Applicant shall submit a list of items of work and cost estimates for the proposed grading and site improvements, such as: earthwork quantities, retaining walls, drainage devices, landscaping, asphalt pavement, and fencing. Cost estimates will be necessary for determining bond amounts for this development. Improvement bonds shall be submitted for City review and approval prior to issuance of any building permits or grading permits. 18. "National Pollutant Discharge Elimination System (NPDES) - Developer /owner is required to obtain a "General Construction Activity Storm Water Permit," and the City shall condition the issuance of the grading permit on evidence of compliance with this permit and its requirements. Compliance information is available in the Office of the City Engineer. A LWSPPP or SWPPP is required. 19. The grading and drainage plan shall incorporate all pertinent site development comments from the City's geological and geotechnical consultants and shall also include the approved geological and geotechnical report submitted by the developer's consultants. 20. Any damage done to existing street improvements and utilities shall be repaired before acceptance of the project. Existing damaged, deteriorated, substandard or off -grade curb, gutter, driveways and sidewalk must be repaired or replaced to the satisfaction of the City Engineer. All existing driveways, if not used, must be removed and replaced with curb and sidewalk in accordance with City standards. All improvements must meet current American's with Disabilities Act (ADA) compliance. 21. All electric, telephone and cable TV utility services shall be installed fully underground and to required City standards. Satisfactory provisions for all other utilities and service connections, including water, sewer and gas, shall be made to City and public utility standards. A utility plan shall be prepared and submitted showing all existing and proposed utilities. The utilities may be shown on either a separate plan or on the proposed site plan. 22. All buildings shall have roof gutters, and all roof drainage shall be conducted to the public street or an approved drainage facility in a manner approved by the City Engineer. 23. Parkway plans and designs shall be submitted for review and approval by the City Engineer. The need for preserving existing street trees and /or providing additional street trees shall be reviewed and approved by the City's Public Works Department. 24. The City reserves the right to restrict driveway access to and from the project in the event future traffic conditions warrant such restricted turn movements. 25. An encroachment permit shall be obtained from the City prior to performing any work in any public right of way. 26. Cardboard bailer(s) shall be placed on -site for all cardboard waste. 27. The proposed project's traffic study shall follow the City's Traffic Impact Guidelines. 28. Traffic Impact fees, as adopted by the City and if applicable, shall be paid by the Developer. 29. The developer shall provide signage on -site to help direct internal circulation from the Rite Aid development into the rest of the Shops at Rossmoor. An on -site signage, striping and circulation plan shall be approved by the City's Public Works Department, Development Services Department, and shall be in conformance with any currently existing sign programs for the property. 30. The applicant shall file an application for a Lot Line Adjustment with the Department of Public Works — Engineering Division for all proposed lot line modifications prior to the issuance of any building permits; any necessary lot line adjustments shall be recorded by the Orange County Recorder's Office prior to the issuance of a Certificate of Occupancy. 31. The applicant shall execute and record any necessary Reciprocal Parking Agreements to ensure that all uses, including but not limited to: the office building immediately adjacent and to the west of the proposed project site, Rite Aid, and the Shops at Rossmoor shopping center, continue to provide adequate parking for their respective uses. 32. A 'Reciprocal Access Agreement' shall be executed and recorded between the existing office building located immediately adjacent and to the west of the proposed project site and the Shops at Rossmoor shopping center, to the satisfaction of the Director of Development Services, to ensure the proposed trash enclosure for the Rite Aid development, and access to said enclosure, remains available to Rite Aid in perpetuity. 33. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 34. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC) and a copy of said approved license shall be filed with the Department of Development Services as soon as the license is received by the applicant from ABC. 35. There shall be posting of signs in the area where alcoholic beverages are displayed for sale stating that sales of alcoholic beverages to persons under 21 years of age is prohibited, as well as Proposition 65 warnings with regard to alcohol consumption. 36. It shall be the responsibility of the applicant/licensee to provide all employees that sell alcoholic beverages with the knowledge and skill enabling them to comply with their responsibilities under State of California law. 37. In the event that the Seal Beach Police Department determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach to require the provision of additional security measures. 38. A minimum of one armed security guard, P.O.S.T. certified, shall remain on duty during all hours from 12:01 A.M. to 6:00 A.M. that the business is open. The Planning Commission may waive or modify the security guard requirement if an alternative method is determined to be acceptable in meeting the intent of this subsection and upon recommendation of the Police Chief. 39. A minimum of two (2) employees (in addition to any required security guard) shall be on duty at all times between the hours of 12:01 A.M. and 6:00 A.M. that the business is open or employees are present. The Planning Commission may authorize only one (1) employee after determining that the employee will operate the business from an adequately secured facility and upon recommendation of the Police Chief. 40. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal Beach Municipal Code as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15 41. Upon receiving any combination of three (3) substantiated complaints from three (3) different residences within 300 feet of the extended hour business within one (1) calendar year concerning noise, hours of operation, and traffic control as specified in SBMC Section 11.4.05.055, or at the discretion of the Director or the Planning Commission, the Planning Commission shall review the extended hour business operation at a noticed public hearing conducted in accordance with the procedures outlined in Chapter 11.5.10. 42. A lighting and security plan for the project site shall be submitted to the Director of Development Services for approval prior to the issuance of a building permit. Lighting plan shall provide `cut -off' or similar fixtures to ensure that there is no light encroachment onto adjacent commercial or residential properties, yet provide adequate lighting for security purposes. Security cameras will be required for the drive -thru area as part of the security plan. 43. All proposed signage for the business shall comply with Chapter 11.4.25 of the SBMC. No more than one freestanding sign shall be allowed for the proposed business. Any additional freestanding signage shall require a modification to the Planned Sign Program for the Shops at Rossmoor (PSP 07 -1). 44. This CUP shall not become effective for any purpose unless /until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar -day appeal period has elapsed. 45. A modification of this CUP shall be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 46. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Title 11 of Seal Beach Municipal Code if harm or retail - related problems are demonstrated to occur as a result of criminal or anti - social behavior, including but not limited to the congregation of minors, violence, vandalism, solicitation and /or litter. 47. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 48. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 49. Failure to comply with any of these conditions may result in the revocation of this Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the the City of Seal Beach at a meeting thereof held on the of 2011 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners Planning Commission of day ABSTAIN: Commissioners Sandra Massa - Lavitt Chairwoman, Planning Commission Mark Persico, AICP Secretary, Planning Commission Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 ATTACHMENT 2 APPLICATION Page 17 City of Seal Beach MAR 2 2011 • OFFICE USE ONLY Application for (Check one or more) K, Conditional Use Permit (CUP) 0 Minor Plan Review (MPR) 0 Height Variation (HV) O Variance (VAR) 0 GPKZone Change 0 Other Nearing On PC Mtg, Date: Department of D Ser vices. CITY OF SEAL BEACH PUBLIC HEARING APPLICATION FOR OFFICE USE ONLY !/ Application No.: (:�� ��— Resolution No.: 1. Property Address: 12541 Seal Beach Boulevard, Seal Beach, CA 90740 2. County Assessor Parcel No: 3. Applicant Name: MPA Inc on behalf of Ros*mQQr $hops. LLQ Address: 4041 MacArthur Boulevard, Suite 375, Newport Beach, CA 92660 Phone: Work ( 949 ) 428.9642 Home: ( ) FAX: ( 949 ) 719.1909 Mobile: ( 949) 887.3039 E -Mail Address: potts mpassoc com 4. Property Owner Name: Rossmoor Shops, LLC Address. 2811 Wilshire Boulevard, Suite 640, Santa Monica, CA 90483 Telephone: ( 310 ) 264 -4799 5. General Plan and Zoning Designation: GC - General Commercial / Rossmoor Center 6. Present Use of Property: Service Station retail 7. Proposed Use of Property: Retail 8. Request For: Conditional Use Permit for 24 -hour operation with drive -thru and alcohol sales for off - premises consumption. 9. Describe Proposed Use: Approximately 17,600 sf Rite Aid Drug store with pharmacy and drive -thru 10. Describe how the proposed improvements are appropriate for the character of the surrounding neighborhood: The proposed building is part of the retail development known as the Shops at Rossmoor. 7 of 38 Rev. 4115110 11. Describe how the approval of this Permit would be detrimental in anyway to other property in the vicinity: None 12. Proof of Ownership Please attach a photocopy of a picture I.D. and a photocopy of the Grant Deed provided by the applicant. or Signed and notarized. Property Owner's Affidavit to be completed and attached to the application. 13. Legal Description (or attach description from Title or Grant Deed): See attached 0 (Signature of Applicant) (Signature of Applicant) Martin P2tts (Pint Name) (Pint Name) (Date) (Date) For Office Use Only This is to certify that I have inspected the foregoing application and found it to be thorough and complete. it conforms to the rules of the City of Seal Beach governing the filing of an application for an Unclassified Use Permit Application (Print N ame) (Signature) (Print Title) ( Date) 8 of 38 Rev. 4115110 Environmental Information and Checklist Form For Office Use Only Appli No.: Date Filed: General Information 1. Name and address of Developer or Project Sponsor: Name: C entury National Properties, Madelyn Jackrel Address: 2811 Wilshire Boulevard Suite 640 City Santa Monica State: CA Z, p: 90403 Telephone: (310) 264.4799 FAX: (310) 264 -4796 E -mail Address: mi cnpcorp.com 2. Address of Project: NWC of Seal Beach Boulevard and St. Cloud Drive Assessor Parcel Number(s). Tax Parcel 13 of the West half of Section 31, Township 4 South, Range 11 West recorded 3/18/1990 in Book 177, Page 337 of Deeds 3. Name, address, and contact information of Project Contact Person: Name: MPA. Inc.. Martin Potts Address: 4041 MacArthur Boulevard Suite 375 City Newport Beach State: CA Zip: 92660 Telephone: (9 428 -9642 FAX: (949) 719.1900 E -mail Address: otts mnaesnr rnm 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing zoning: GC Existing General Plan. Rossmoor 6. Proposed use of site: Retail 11 of 38 Project Description 7. Site size (square footage): Approximately 56,500 square feet 8 Square footage of proposed Project: Approximately 17,400 square feet of building 9. Number of floors of construction: One 10. Amount of off - street parking provided. Construction 2011 11. Existing and proposed impervious surface coverage (Impervious surface coverage includes all paved areas and building and /or structure footprints) - Existing impervious coverage: 95 % Proposed impervious coverage: 95 % 12. Attach plans including preliminary grading plans, drainage plans, Water Quality Management Plans (WQMPs) for large -scale developments, construction site Best Management Practices (BMPs) Plans. 13. Proposed scheduling of Project: 14 Associated Projects: 57 spaces None 15 Anticipated incremental development: 16. 17 18. For residential projects, indicate the: A. B. C. D Number of units: Schedule of Unit sizes: Range of sale prices or rents: Household size(s) expected:. For commercial projects, indicate the. A. Type of project: B_ Whether neighborhood, city or regionally oriented: Neighborhood C Square footage of sales areas: D. Gross building area: Approximately 17.400 square feet E. Size of loading facilities: Single loading dock For industrial projects, indicate the: A. Type of project. N/A B. Estimated employment per shift: C. Size of loading facilities: N/A 12 of 38 Rev. 4115110 18 For institutional projects, indicate the: A. Major function: N/A B. Estimated employment per shift: C. Estimated occupancy: D. Size of loading facilities: E. Community benefits derived from the project: 20 If the project involves a variance, conditional use pennit/unclassified use permit, height variation or zone change application, state this and indicate clearly why the application is required - Variance: CUP: X Height Variation: Zone Change Briefly explain: Drive -thru component for prescription pick -up 24 hour operation and sale of alcohol for off - premise consumption. Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO X 21. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours? X 22. Change in scenic views or vistas from existing residential areas or public lands or roads. X 23. Change in pattern, scale or character of general area of project. X 24 Significant amounts of solid waste or litter X 25. Change in dust, ash, smoke, fumes or odors in vicinity X 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. X 27. Substantial change in existing noise or vibration levels in the vicinity. X 28. Site on filled land or on slope of 10 percent or more. '13 of 38 Rev. 4/15110 X ?g. Use or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. X 30. Substantial change in demand for municipal service (police, fire, water, sewage, etc.). X 31 Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). X 32. Relationship to larger project or series of projects Environmental Setting 33. On a separate page, describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. 34. On a separate page, describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one - family, apartment homes, shops, department stores, etc.), and scale of development (height, frontage, setback, rear yard, etc.). Attach photographs of the vicinity 14 of 38 Rev, 4115110 ENVIRONMENTAL SETTING 33. The project site consists of an existing and operating service station, KFC and Verizon Retail store. The site is generally flat, draining to the southeast. 34. The subject site is bounded by single family residential to the south and commercial retail to the east, west and north. The proposed project is generally consistent with the surrounding commercial user. Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 ATTACHMENT 3 "TRIP GENERATION AND ON -SITE CIRCULATION ASSESSMENT FOR THE PROPOSED RITE AID PHARMACY" Page 18 October 8 2010 Engineers &Planners Traffic Transportation Parking Ms. Madelyn Jackrel Rossmoor Shops, LLC Linscott Law & 2811 Wilshire Boulevard, Suite 640 Greenspan, Engineers Santa Monica, CA 90403 1560 Corporate Drive suite 122 Costa Mesa, CA 92626 c/o Mr. Martin Potts 714.641.1567 r MPA, Inc. 714.641.0139 F 4041 MacArthur Blvd., Suite 375 www.ligengineers.com Newport Beach, CA 92660 Pasadena Costa Mesa LLG Reference: 2.10.3164 San Diego Las Vegas Subject: Trip Generation and On -Site Circulation Assessment for the Proposed Rite Aid Pharmacy - the Shops at Rossmoor Seal Beach, California Dear Ms. Jackrel: As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Trip Generation and On -Site Circulation Assessment associated with the development of a Rite Aid Pharmacy at the Shops at Rossmoor (hereinafter referred to as Project) in the City of Seal Beach. This letter summarizes the traffic generation forecast of a proposed pharmacy / drugstore with a drive -thru in comparison to an existing gas / service station, fast -food restaurant and retail shop space. Generation factors used in this analysis are based on information found in the 8' Edition of Trip Generation, published by the institute of Transportation Engineers (ITE) [Washington, D.C., 2008]. Our evaluation of the Project's truck service access and on -site circulation was Philip M. Linscon, PEnsta - 20re1 performed using the Turning Vehicle Templates, developed by Jack E. Leisch & Jack M. Greenspan, PEMILI Associates, and AutoTURN for AutoCAD computer software that simulates turning William A. Law, PEIRail maneuvers for various types of vehicles. Paul W. Wilkinson, PE John P. Keating, PE Our methods of analysis, findings and conclusions are described in detail in the David S.Shender,PE following ections of the repor Clare M. Look-Jaeg er, John A. Boorman, e g e 1� er, PE Richard E Barretto, PE Kell 0. Maherry, PE An 102M Campanv Founded l%S Ms. Madelyn Jackrel October 8, 2010 Page 2 PROJECT DESCRIPTION AND LOCATION The Project site is located on the northwest corner of Seal Beach Boulevard and St. Cloud Drive in the City of Seal Beach, California. Figure 1 -1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the Project and the surrounding street system. Existing development on the subject property consists of a 2,485 square -foot (SF) gas / service station with 10 vehicle fueling positions (VFP) and a 2,507 SF single -story building that is currently occupied by a 1,590 SF fast -food restaurant and 917 SF of retail shop space. Access to the Project site is now provided via three driveways on Seal Beach Boulevard and two driveways on St. Cloud Drive. Figure 2 -1 presents the existing aerial of the Project site. Based on information provided by Rossmoor Shops, LLC, the proposed Project includes the development of a 17,340 SF Rite Aid Pharmacy with a drive - through in place of the existing gas / service station, fast -food restaurant and retail shop space. Parking for the Project will be provided via 57 parking spaces located immediately adjacent to the proposed building, with additional parking located to the north adjacent to the existing Marie Callendar's restaurant. Access to the Project site will be consolidated and provided via a single driveway on Seal Beach Boulevard and a single driveway on St. Cloud Drive. Figure 2 -2 presents the site plan for the proposed Project prepared by Robinson Hall Architecture, Inc. TRAFFIC ANALYSIS Project Traffic Generation Forecast Traffic generation is expressed in vehicle trip ends, defined as one -way vehicular movements, either entering or exiting the generating land use. Generation equations and/or rates used in the traffic forecasting procedure are found in the 8 Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington D.C., 2008]. Table 1, located at the rear of this letter report following the figures, summarizes the trip generation rates used in forecasting the vehicular trips generated by the proposed Project and the existing development. As shown in the upper portion of Table 1, trips generated by the proposed Project were estimated using ITE Land Use Code 881: Pharmacy / Drugstore with Drive -Thru trip rates, while the trips generated by the existing \ _'!ittlnl - Rik- Aid al ihi S; n hn, ;ru,oi I d1L1%';111-1 kill (:urLi.nirnr.! CI IW� i; C:.rul d!r.n ''.wN it oll.;rr: Ms. Madelyn Jackrel October 8, 2010 Page 3 development were estimated using trip rates for ITE Land Use Codes 814: Specialty Retail, 934: Fast -Food without Drive -Thru and 945: Service Station with Convenience Market. As shown in the lower portion of Table 1, the proposed Project is forecast to generate approximately 1,376 daily trips, with 41 trips (23 inbound, 18 outbound) produced in the AM peak hour and 92 trips (46 inbound, 46 outbound) produced in the PM peak hour on a "typical" weekday. The trip generation potential of the existing development totals 2,115 daily trips, with 81 trips (45 inbound, 36 outbound) during the AM peak hour and 85 trips (43 inbound, 42 outbound) during the PM peak hour. Please note that based on common traffic engineering practices, the traffic generated by the existing land uses may be considered to represent a "trip credit" for the project site, against which the impact of the proposed Project might be compared. Comparison of the trips generated by the proposed Project to the trips generated by the existing development shows that the proposed Project will generate 739 fewer daily trips, 40 fewer AM peak hour trips and only 7 more PM peak hour trips. Based on this comparison, we conclude that the traffic impact potential associated with the proposed Project will be insignificant and negligible and the intersections in the vicinity of the project are not likely to be significantly impacted by the net addition of project traffic. Conclusion The City of Seal Beach Traffic Impact Study Guidelines, dated March 2010 includes five basic factors that is used to determine whether a Traffic Impact Study is required of development projects, of which the first is whether a project is forecast to generate a minimum of "50 vehicles per hour" during the greater AM or PM peak hours. As noted above, the construction of a 17,340 SF Rite Aid Pharmacy in place of a 2,485 SF gas / service station with 10 vehicle fueling positions (VFP), a 1,590 SF fast -food restaurant and 917 SF of retail shop space results in a net addition of less than 50 peak hour trips. Hence, a traffic impact analysis may not be required. 11C. ilv, !1"0161 ;?IIC:%;.I - Ilh,.shtq.•, Rt IIV,ri,I•Irlit, iI( +'l liilii n i .dl. {ii.'im:'ii.nlilldt `,'•v;••.mtitl.l•`t Ms. Madelyn Jackrel October 8, 2010 Page 4 ON -SITE PARKING AND CIRCULATION Internal Circulation The on -site circulation was evaluated in terms of vehicle - pedestrian conflicts. Based on our review of the preliminary site plan, the overall layout does not create significant vehicle - pedestrian conflict points and the driveway design is sufficient such that access to parking spaces is not impacted by internal vehicle queuing/stacking. The on -site circulation is acceptable based on our review of the proposed site plan and all internal drive aisle widths, Project driveway widths, parking stall widths and off - street loading spaces satisfy the City's minimum requirements as outlined in Chapter 11.4.20.025 — General Parking Design Standards of the City of Seal Beach Municipal Code Draft Comprehensive Update Title 11— Zoning, dated February 2010. The design of the proposed Project driveways on Seal Beach Boulevard and St. Cloud Drive have been reviewed and are adequate for large 5 -axles trucks, service /delivery trucks and trash trucks, as well as passenger vehicles. Full -sized service trucks can properly access the site from Seal Beach Boulevard and circulate "counterclockwise" while small service /delivery trucks or trash trucks can access the site from St. Cloud Drive or Seal Beach Boulevard and circulate "clockwise or counterclockwise" through the project site to access the loading/delivery areas located at the rear of the building. Figures 3 -1 and 3 -2 illustrate the turning movements required of a small service /delivery truck (SU -30) as it circulates throughout the site, while Figures 4 -1 and 4 -2 illustrate the required truck maneuvers of a WB -40 and WB -50, respectively, as it circulates "counterclockwise" around the project site. Parking Code Requirements The number of parking spaces required to support the proposed Project was calculated using the parking Code requirements outlined in Chapter 11.4.20.015 - Required Off - Street Parking Spaces of the City of Seal Beach Municipal Code Draft Comprehensive Update Title 11 — Zoning, dated February 2010 and comparing it to the Project's proposed parking supply of 57 spaces located immediately adjacent to the building and the additional parking located adjacent to the existing Marie Callendar's restaurant. Per the City's Municipal Code, the proposed Project would require one (1) space per 300 SF of floor area. Direct application of this parking rate to the proposed Project's floor area results in a City parking code requirement of 58 spaces. With a parking supply of N `HN, .1 r; lA l I� it A:d ..l . Irr Ow rig ..;�:( „•1 •: ,:aCi : vi Iii; : •�•I ..urr: ai••I r lrl �I� C'i:, i:l dun:.�titiC5•li: •r;l iiu.• Ms. Madelyn Jackrel October 8, 2010 Page 5 over 80 spaces located in the immediately vicinity of the proposed Rite Aid, parking will be adequate. Please note that based on parking generation rates found in the 4` Edition of Parking Generation, published by the Institute of Transportation Engineers (ITE) [Washington, D.C., 2010] for ITE Land Use Code 881: "Pharmacy/Drugstore with Drive - Through Window ", this land use has a peak parking ratio of 2.92 spaces per 1000 SF and 2.94 spaces per 1000 SF during a weekday and weekend (Saturday) day, respectively. Using the weekend (Saturday) peak parking ratio of 2.94 spaces per 1000 SF, the proposed Rite Aid is forecast to have a peak parking demand of 51 spaces. Hence, we conclude that parking will be adequate for the proposed Project. This completes our traffic analysis. If there are any further questions, or you require any additional information, please do not hesitate to call me. Sincerely, Linscott, Law & Greenspan, Engineers Richard E. Barretto, P.E. Principal Attachments N ,i t'IIY I�Il 161 - fZiIC:•r al lh,: SIII I.. ii r.•.nH ql I owl" ;,(.1 1 1 C I .n:rr,.;•d 011 - "II- :iil:IPtni :'. „iiu'III doC TABLE 1 PROJECT TRAFFIC GENERATION FORECAST' ITE Land Use Code / Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Project Description 2 -Way Generation Factors: 814: Specialty Retail (TE /1000 SF) 44.32 0.61 0.39 1.00 1.19 1.52 2.71 e 881: Pharmacy / Drugstore with Drive- thru (TE /1000 SF) 88.16 1.52 1.14 2.66 5.18 5.18 10.35 0 933: Fast -food without Drive -Thru (TE /1000 SF) 716.00 26.32 17.55 43.87 13.34 12.81 26.15 0 945: Service Station with Convenience Market (TE/VFP) 162.78 5.08 5.08 10.16 6.69 6.69 13.38 Generation Forecast: Proposed Project Rite Aid Pharmacy with Drive -Thru (17,340 SF) 1,529 26 20 46 90 90 180 Less Pass -by Trips -153 -3 -2 -5 -44 -44 -88 Total Net Project Trip Generation 1,376 23 18 41 46 46 92 Existing Development • Retail Shops (917 SF) 41 1 0 1 1 1 2 • Fast -Food Restaurant (1,590 SF) 1,138 42 28 70 21 20 41 Less Pass -by Trips -285 -17 -11 -28 -8 -8 -19 Subtotal 853 25 17 42 13 12 25 • Service Station with Convenience Market (10 VFP) 1,628 51 51 102 67 67 134 Less Pass -by Trips -407 -32 -32 -64 -38 -38 -76 Subtotal 1,221 19 19 38 29 29 58 Existing Development Net Trip Generation 2,115 46 36 81 43 42 85 Net Project Trip Generation Potential -739 -22 -18 -40 +3 +4 +7 (Proposed minus Existing) Notes: TE/1000 SF= Trip end per 1000 SF of development TE / VFP = Trip end per Vehicle Fueling Position. 1 Source: Trip Generation, 8th Edition, Institute of Transportation Engineers, (ITE) [Washington, D.C. (2008)]. 2 Pass -By Trips are trips made as intermediate stops on the way from an origin to a primary trip destination. Pass -by trips are attracted from traffic passing the site on adjacent streets (i.e. existing traffic on Seal Beach Boulevard), which contain direct access to the generator. For this analysis, the following pass -by reduction factors were used (Source: Trip Generation Handbook, ITE October June 2004)• • Pharmacy: PM Peak Hour— 49 %, Daily and AM Peak Hour — estimated to be 10% • Service Station: AM/PM Peak hours — 62°/c/56% Fast - Food:: AM/PM Peak hours - estimated to be 40% (Source: SANDAG Trapc Generators) Daily pass -by percentage for service station and fast -food components estimated to be 25 %. jDl!nbo OLOZ-LZ-60 ZO:61:21 d(I bmp•I-Lj*9LC\6mp\.joouissoi 'sdoqs ay} 10 p!D alp VqjCOLZ\OoLc\:u L :3: �Z 3 -7r. , CD C) C) C) ��z (D �he. 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I I i ! � �F o�s .10 - - - - - cQ C\2 E-P m Z W N 0 Q Ld , gam V) 0 ho m r#3 o Ex E-:4 , O < v) IL 0 m E- (n o pq tu Lo 0 I f Planning Commission Staff Report Conditional Use Permit 11 -2 12541 Seal Beach Boulevard April 20, 2011 ATTACHMENT 4 PROJECT PLANS Page 19 i I i I n > C z a c C)y ENO N r � �. s w C. 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