Attachment #1
EXHIBIT 1
CONDITIONS OF APPROVAL
Precise Plan 572
Conditional Use Permit 1914 & 1920
Dutch Bros CA 5503
Floor & Décor parking lot
Warner Avenue
Fountain Valley, CA
The following Conditions of Approval [COA] apply to this project. The COA’s are specific conditions applicable to the proposed project. The property owner is responsible for the fulfillment of all conditions and standard development requirements, unless specifically stated otherwise.
In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, permittee expressly accepts and agrees to comply with the following COAs of this Permit:
Planning Department Conditions:
1. The site plan, floor plan, elevations, and landscape plans dated February 1, 2023 (attached as Attachment #3 to the staff report for the Project) have been reviewed and approved by the Planning Commission on April 12, 2023.
2. Signs for this facility shall comply with Fountain Valley sign ordinance.
3. The windows of the business shall be free of any obstruction, tinting, or painting, except for window signage as permitted by the Fountain Valley Sign Code.
4. The facility may operate up to 24 hours per day, seven (7) days per week.
5. Materials and goods shall not be stored outside of the building and shall be moved to the inside of the store expeditiously upon delivery.
6. Operation of the drive-through shall not result in stacking of vehicles in such a manner that would result in obstruction to any access aisle or parking spaces for other tenants in the retail center, the main drive aisles for the retail center, or public streets. If the drive-through operation affects traffic for Floor & Décor, adjacent properties, , or the public street, design alternatives to remedy the issue, such as modifying the parking lot, mobile order takers, or other alternatives, shall be presented to the City for review and approval by the Community Development Director.
7. The operator shall follow the standards and implement the provisions in the “Traffic Management Plan” attached to these COAs to ensure efficient traffic flow for the drivethrough operation and the property.
8. To prevent scavenging, illegal dumping, and to contribute to the general cleanliness of the shopping center, the Project shall install a new trash enclosure containment area with a screened and securable gate compliant with FVMC 21.18.100 and
Attachment #1
PP 572, CUP 1914 & 1920
Rainbow Environmental/Republic Services specifications. Also, exterior signage shall be provided outside of the trash enclosure prohibiting the scavenging of any material from the trash dumpster. Any refuse containment area and signage shall be included in the applicant’s plan check submittal to the Building Department and shall be installed prior to issuance of certificate of occupancy of the Project.
9. The applicant shall install signage near the trash dumpster prohibiting trash dumping during the hours of 10:00 p.m. – 7:00 a.m. compliant with FVMC 6.28.050. Said signage shall be installed prior to certificate of occupancy of the building.
10. The colors, materials and facades of the building shall be as approved by the Planning Commission. No changes to the colors or materials shall occur without approval by the Community Development Director. Changes that the Community Development Director deems to vary significantly from the originally approved design shall be forwarded to the Planning Commission for its review and determination.
11. All vents, gutters, downspouts, flashings, electrical cabinets, switch gears, electrical conduits, etc. shall be painted to match the color of the adjacent surface.
12. All exterior lighting shall be in compliance with FVMC 21.18 – Exterior Lighting. A photometric study shall be provided for any exterior lighting.
13. The applicant shall provide signing on the trash enclosure prohibiting the salvage of any material from the trash dumpsters. Signage shall be subject to review and approval by the Community Development Director, shall be included in the applicant’s plan check submittal to the Building Department, and shall be installed prior to certificate of occupancy of the business.
14. Precise Plan No. 572, Conditional Use Permit No. 1914 & 1920, shall be approved and in effect for a period of 12 months from the original date of approval by the Planning Commission and/or City Council. If no development has commenced at the end of this 12-month time period, Project approval shall expire and be determined void. A one-year extension may be granted at the discretion of the Community Development Director. A request for an extension of time should be made in writing by the applicant thirty (30) days prior to the expiration date.
Date of Project Approval: April 12, 2023
Date of Project Expiration: April 12, 2024
15. The resolution is not effective unless it is signed by the applicant indicating and acknowledging his/her understanding of the conditions imposed herein. The failure of the applicant to sign this permit in no way shall be deemed to confer any greater rights than are contained in this permit.
16. By signing and accepting the resolution, the applicant accepts the benefits conferred by the permit subject to the conditions imposed therein. By accepting the right to operate pursuant to the permit, the applicant waives all rights to challenge any condition imposed as unfair or unreasonable.
Attachment #1
PP 572, CUP 1914 & 1920
17. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, save and except that caused by City's active negligence. The applicant shall provide a copy of conditions of approval to each manager and to all employees.
18. The applicant shall comply with all federal, state, and local laws. Violations of any of those laws in connection with the use will be cause for revocation of this permit.
19. Violation of any condition of approval shall be a misdemeanor.
20. Install, and maintain in proper working order, security cameras around the premises.
These cameras should include, but are not limited to, visual coverage of the areas available to the public on the inside of the business as well as the parking area in front of the business. These cameras will have high resolution and low-light capability.
Video from all cameras will be recorded and made available to the Police Department upon request. A video camera plan shall be included in the applicant’s plan check submittal to the Building Department and security cameras shall be installed prior to issuance of certificate of occupancy of the business.
21. The Community Development Director may interpret the implementation of each condition of approval and, with advanced notice, grant minor amendments to approved plans and/or conditions of approval based on changed circumstances, new information, and/or relevant factors as long as the spirit and intent of the approved condition of approval is satisfied. Permits shall not be issued until the proposed minor amendment has been reviewed and approved for conformance with the intent of the approved condition of approval. If the proposed changes are substantial in nature, an amendment to the original entitlement may be required pursuant to the provisions of the Fountain Valley Municipal Code.
22. Applicant shall comply with FVMC 21.24.110(27) which prohibits vehicle signs for the principal purpose of advertising a business.
23. No satellite dishes greater than 2.2 meters shall be installed on the subject property without approval of the Planning Commission.
24. All roof-mounted mechanical equipment (air conditioning, heating, ventilation ducts, exhaust, etc.) shall be screened from the view of adjacent properties and rights-ofway as specifically approved by the Community Development Director. Roof treatment shall be common to the building and extended to all four (4) building elevations.
25. Street and unit numbers are to be maintained in such a manner as to be plainly visible, shall not be hidden from view by trees, shrubs, bushes, etc., and other obstructions on the property. Street numbers shall be located and be a minimum size so that they are clearly visible from the street and be maintained on the front and rear doors. All numbers shall not be less than 6 in. in height and 2 in. in stroke and be of contrasting color from the background. Street and unit numbers must be installed prior to issuance of Certificate of Occupancy of the business.
Attachment #1
PP 572, CUP 1914 & 1920
26. To maintain the cleanliness of the property, the business owner shall be responsible for maintaining the area adjacent to their premises over which they have control free of litter.
27. An alarm system shall be installed and be of a type that sounds a signal when it is activated.
28. The operator shall not permit vending machines, water machines, games, rides, etc. on the exterior of the building.
29. There shall be no outdoor storage or display of any kind without the approval of a temporary use permit.
30. There shall be no outdoor seating or tables unless specifically allowed by the Community Development Director.
31. There shall be no live entertainment at facility premises.
32. The sale and consumption of alcohol on the premises shall be prohibited.
33. The petitioner shall be responsible for maintaining the premises free of graffiti.
34. Permittee acknowledges that Education Code Section 48200 et. seq. provides that persons between the ages of 6 and 18 are subject to compulsory education and are required to be in school unless exempted. Permittee agrees not to allow the business to become a "hang out" for truants and agrees not to allow youths to congregate or otherwise loiter in or around the business. Permittee shall take reasonable steps to control the conduct of others on this property so that it does not become a nuisance or otherwise disturb the peace and quiet of the neighborhood or peace, health and safety of the community.
35. The operator will ensure that there will be no drinking and/or loitering in the parking lot or within 100 feet of the establishment in areas where the operator has control.
36. Subject to verified complaints and/or calls for service, the Community Development Director or Chief of Police may require additional security measures, including but not limited to the provision of security guards, cameras and further limitations on the hours of operation.
37. The sale and consumption of alcohol on the premises shall be prohibited.
38. Three or more sustained complaints within any one-year period received by the Fountain Valley Police Department regarding disturbances which have been caused by the business at the above referenced location may be grounds for revocation proceedings.
39. The conditions herein contained shall run with the property and shall be binding on the applicant, and all heirs, executors, administrators, and successors in interest to the real property that is the subject of this approval.
Attachment #1
PP 572, CUP 1914 & 1920
Building Department Conditions:
40. Install, maintain and provide for all California Disabled Access compliance per the California Building Code and the Division of State Architect. No encroachment into the disabled path of travel is allowed under any condition with the exception of emergency vehicles and personnel.
41. Projects must comply with the California Code of Regulations, Title 24; Fountain Valley Ordinances, and California law in effect at the time of plan submittal.
Public Works Department Conditions:
42. Grant no easement over any portion of this improvement between the time of approval of the tentative improvement and the time of final approval of the improvement, except as required by the City Engineer.
43. All public improvements, including but not limited to, streets, sewer, water, storm drain, traffic systems, traffic control, and street repairs shall be constructed in accordance with the most recent edition of the City of Fountain Valley Public Works Standard plans.
44. Provide improvement plans as prepared by a Registered Civil Engineer for all improvements. The plans shall be 24 in. by 36 in. mylar with an appropriate engineering scale (1”=10’, 1”=20’, 1"=40'). The plans shall include, but not be limited to, paving, sidewalk, curb, gutter, street lighting and all underground utilities.
Underground utilities shall include, but not be limited to: electrical, communications, street lighting, gas, sewer, water and appropriate storm drain facilities. The design, layout and location of the gas, electrical, communications and street lighting shall be in accordance with the requirements of the respective utility company.
45. The developer shall provide complete "as-built" plans on 24"x36" of the appropriate scale mylar and electronic format AutoCad, latest version, in accordance with City standards prior to Public Works approval to release utilities and certificate of occupancy.
46. Prior to securing permits, complete landscaping plans prepared and signed by a California licensed landscape architect shall be approved by the Public Works and Planning Directors. The plans shall be on 24”x36” mylar with a scale to be consistent with the site plans.
47. Provide sanitary sewer facilities as required with the City’s Sewer Master Plan and to the satisfaction of the City Engineer.
48. Install a reduced pressure principle device on the domestic water supply line to the buildings as required by the City Engineer.
49. Install approved backflow devices for irrigation systems as required by the City Engineer.
Attachment #1
PP 572, CUP 1914 & 1920
50. All vehicular access shall conform to the City of Fountain Valley standard plans and specifications and shall be subject to final approval of the City Engineer.
51. Comply with the applicable provision of City ordinances concerning payment of fees or assessments, zoning regulations and subdivision development. All fees and assessments must be paid prior to the approval of the improvement plans and issuance of any permits.
52. Fee is estimated to be $ 51. Pay a Traffic Impact Fee based on land use per the Council approved Master Fee Schedule Update on February 2, 2021 in the amount of: $29,690.10.
53. Pay a Sewer Connection Fee in accordance with the City’s Sewer Master Plan and Title 14 the FVMC. In the event that this fee has not been paid with previous development activity, the developer shall be responsible for payment of the fee applied to the gross acreage of the entire property.
54. Pay $4.65 per front foot for the existing sewer line in Recreation Circle, to be determined by Public Works, in accordance with Title 14 of the Fountain Valley Municipal Code.
55. Pay $4.65 per front foot for the existing waterline in Recreation Circle accordance with Title 14 of the FVMC.
56. Pay a Median Beautification Fee in the amount of $8.54 per front foot for medians on Warner Avenue in accordance with Title 20 of the FVMC.
57. Pay Development Fees prior to plan approval.
58. If the existing fire hydrant on the south side of the proposed site needs to be relocated, the applicant will be responsible for associated costs.
59. Provide on-site vehicle circulation plan including ingress and egress for the site.
Fire Department Conditions:
60. Code. Group B occupancies shall comply with 2022 California Fire Code (CFC), 2022 California Building Code (CBC), and current Fountain Valley Municipal Code (FVMC).
61. Premise Identification. Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. CFC 505.1. Verify address assignment with Fountain Valley Fire Department, Fountain Valley Building Department, and Planning Department.
62. Portable Fire Extinguishers. Provide one 2A10BC State Fire Marshal tagged fire extinguisher for every 3000 square feet of floor area. Travel distance not to exceed 75 feet. CFC 906.3
Attachment #1
PP 572, CUP 1914 & 1920
63. Knox Box. Where access to or within a structure or area is restricted because of secured openings or where immediate access is necessary for life-saving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official. CFC 506.1
64. CO2 storage. If more than 100 lbs. of CO2 storage is used, the following requirements apply.
a. Provide a monitoring system for CO2 storage.
b. See CFC Section 5307, California Health and Safety Code 6.95 and NFPA 55. c. Submit plans to FVFD and FVBD.
d. An annual fire permit will be required.
e. Electronic filing with the state website “CERS” is mandatory. f. An assembly permit will be issued after final inspection and every year thereafter.
65. General. Fire Safety during construction shall comply with Chapter 33 of the 2022 California Fire Code as well as the following:
66. Portable Fire Extinguishers. Structures under construction, alteration or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with Section 906 and sized for not less than ordinary hazard as follows:
In every storage and construction shed.
Additional portable fire extinguishers shall be provided where special hazards exist including, but not limited to, the storage and use of flammable and combustible liquids. CFC 3315.1
67. Hazardous Materials. There shall be no hazardous storage where the aggregate quantity exceeds the exempt amounts set forth in the California Fire Code. All storage, dispensing, use and handling of hazardous materials shall be in accordance with Chapter 50 of the 2022 California Fire Code.
Attachment #1
CITY OF FOUNTAIN VALLEY
Planning Department
10200 Slater Avenue, Fountain Valley, CA 92708
714-593-4425 – fountainvalley.org
Notice of Exemption_________________________________________________ TO: Office of Planning and Research FROM: City of Fountain Valley P.O. Box 3044, Room 113 10200 Slater Avenue
Sacramento, CA 95812-3044 Fountain Valley, CA 92708
County Clerk
County of Orange
12 Civic Center Plaza
Santa Ana, CA 92701
Project Title: _________________________________________________________________________ Project Location/Address: ______________________________________________________________ Project Activity/Description: _____________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Public Agency Approving Project: City of Fountain Valley, Orange County, California Project Applicant: _____________________________________________________________________ Project Applicant’s Address: ___________________________________Phone Number: ____________ _____________________________________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080 (b)(1); 15268);
Declared Emergency (Sec. 21080 (b((3); 15269 (a));
Emergency Project (Sec. 21080 (b)(4); 15269 (b) (c));
Categorical Exemption. State type and section number: _________________________________ Statutory Exemptions. State code number: ___________________________________________ Reasons why project is exempt: __________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Lead Agency Contact Person: ___________________________ Contact Phone: _____________________________ If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project?: Yes No Signature: ________________________________ Date: _____________ Title: ___________________ Signed by Lead Agency Signed by Applicant
Attachment #1
Request for
Planning Commission Action
TO: Planning Commission DATE: February 14, 2024
FROM: Matt Jenkins, Senior Planner
SUBJECT: McDonald’s – Precise Plan No. 576 & Conditional Use Permit No. 1925 Location: NE Corner of Magnolia Street and Talbert Avenue Zoning: C1 – Local Business
General Plan: General Commercial
Project Applicant: Design UA – Robert Preece
153 E. City Place Dr.
Santa Ana, CA 92715
Property Owner: McDonald’s USA, LLC
18565 Jamboree Road, Ste. 850
Irvine, CA 92612
Proposal:
Petition submitted by Design UA to construct a new 3,850 square foot building with a double drive-through for a new McDonald’s restaurant located at the northeast corner of Magnolia Street and Talbert Avenue in the Village Center shopping center (Attachment #1).
Planning Commission Meeting of December 13, 2023:
The Planning Commission initially reviewed the Project on December 13, 2023. Testimony was received from the public, primarily in opposition to the proposed project. Fifteen residents spoke before the Planning Commission expressing their concerns regarding the project. Below is a list of concerns raised by residents and the Planning Commission at the public hearing:
Traffic
Exiting onto Talbert Ave with the ability to make a left-hand turn – eastbound at the southeastern most driveway
School age kids patronizing the business
Food odors from the exhaust system
Vehicle and speaker noise from the drive-through
Vehicle exhaust from the drive-through lanes
Attachment #2
Planning Commission Action – PP 576 & CUP 1925
February 14, 2024
Crime & homelessness
Delivery truck traffic & idling
Hours of operation
Lighting
Directional signage
Landscaping at the service alley
Since the meeting on December 13, 2023, the applicant has submitted documents with exhibits addressing issues they feel were of concern to the residents and the Planning Commission that are summarized in pages 1-6 of Exhibit A (Attachment #2). The major change is to the drive-aisle in front of the building, which has changed to a one-way approach from the west side of the shopping center parking lot (Attachment #3). This new one way drive aisle also allows for access to the eastern most driveway into the Center which was an issue raised by the public. Please also see sections below which reference conditions of approval to address many of the issues raised above.
Code Requirement:
Per Fountain Valley Municipal Code (FVMC) Section 21.10.030 Table 2-6, a Conditional Use Permit (CUP) is required for drive-in and drive-through sales in the C1 – Local Business Zone. Additional development standards for drive-through facilities are located in FVMC Section 21.30.030.
Additionally, per FVMC 21.44 a Precise Plan (PP) shall be required for any proposed structure in the city, except for those in the R1 zoning district. As the proposed Project is located in the C1 – Local Business Zone, the applicant has applied for a Precise Plan.
The applicant is also proposing a Lot Line Adjustment (LLA No. 23-01) to create a 27,527 square foot parcel for the project site. The LLA requires approval from the Subdivision Review Committee and staff recommends approval of the LLA subject to the Planning Commission’s approval of this PP and CUP.
Existing Shopping Center:
The Village Center shopping center was originally approved through PP 35 in 1964. Then in 2021, the Planning Commission approved the Sprouts Farmers Market (PP 563, CUP 1890, Variance 336, Development Review 21-01) that included minor façade improvements to the shopping center. On March 8, 2023, the Planning Commission approved a new Dutch Bros Coffee establishment with a double drive-through (PP 569 & CUP 1910) located on the west end of the shopping center adjacent to Magnolia Street.
Attachment #2
Planning Commission Action – PP 576 & CUP 1925
February 14, 2024
Discussion - Precise Plan 576:
UA Designs is proposing a new 3,850 square foot building with a double drive-through for a new McDonald’s restaurant at the southeast portion of the Village Center shopping center.
The project area where the McDonald’s site will be constructed is currently developed as an end tenant in the shopping center – formerly Beach Cities Dog Day Care and Hwangs Martial Arts (Attachment #4).
The proposal consists of demolishing two (2) end tenant spaces and constructing a new freestanding building for McDonald’s with a double drive-through. The closest McDonald’s to this site are located at Brookhurst St. & Garfield Ave and adjacent to Costco at Newhope St. and Talbert Ave. According to the applicant, this location is meant to handle some of the customer load from the existing McDonald’s locations in the area, including the two (2) in Fountain Valley.
The project will meet all development standards outlined in the Development Code including site area, setbacks, floor area ratio, parking, building height, and landscaping as shown in Table 1 below. The architecture of the proposed building consists of a gray stucco exterior painted “Hurricane Haze”. The front of the building facing west will have a prefinished metal cladding façade element above the storefront windows with vertical aluminum elements at the corners of the building. A stone veneer is proposed at the base wrapping the building and matching the existing stone veneer at the Sprouts Farmers Market as shown on Sheet A4.0 on Attachment #4. Screen panels are to be installed on the elevations facing the parking lot and Talbert Avenue with the intention of accommodating trailing vines traveling up the exterior breaking up the monotony of the stucco section of the exterior wall.
Table 1
Development Feature Required Project Site Proposed
Minimum Site Area 10,000 sq. ft. 27,527 sq. ft.
Minimum Front Setback
(West) 20 ft. Approx. 450 ft. from Magnolia Street
Minimum Side Setback (North) 0 ft. 500 ft. from residential property line to the north
Minimum Side Setback
(South) 10 ft. to Talbert Avenue 88 ft. to Talbert Avenue Minimum Rear Setback (East) 20 ft. to residential 90 ft. from the residential property line to the east
Floor Area Ratio .5 FAR max .14 FAR
Parking
1/250 sq. ft. = 15 spaces
20 on the project area - 374 on-site
parking spaces shared with Village
Center
Building Height 50 ft. 21 ft. – 9-1/2 in.
Landscape Requirement 15% of site – Approx. 4,371 sq. ft. 20% - 5,573 sq. ft.
Landscape Setback Along
Streets (Talbert Avenue) 15 ft. 15 ft.
Attachment #2
Planning Commission Action – PP 576 & CUP 1925
February 14, 2024
Drive-through Queue:
Drive-through facilities are often designed to take into account the amount of vehicles waiting in the queue before arriving at the menu/ordering board. Pursuant to FVMC 21.30.030, each drive-through facility must be designed and operated to effectively mitigate problems of traffic, congestion, excessive pavement, litter, noise and unsightliness. Drive-throughs are required to be designed to have a queuing lane of not less than 150 feet and sufficient space before the menu board to accommodate at least four (4) waiting vehicles. As show in the attached Queuing Analysis and Trip Generation study (Attachment #5 – Exhibit C), the drivethrough lane length measures 173 feet from the inner queuing lane and 189 feet to the outer queuing lane. The double drive-through design for McDonald’s is proposed that will have two (2) ordering kiosks with sufficient space behind these positions for four (4) waiting vehicles. Any drive-through backup that may be experienced will occur on-site in the parking lot in front of McDonald’s. The drive-aisle at the service alley on the east side is proposed to be modified to prevent access to the drive-through, which will prevent vehicles backing up into the alley and onto Talbert Avenue.
The proposed drive-through lane wraps around the building to provide a queueing capacity of ten (10) vehicles. The queuing study collected data from three other McDonald’s drivethrough facilities in southern California. The study found that a maximum que length observed was 15 vehicles at another McDonald’s in Fountain Valley located at 18962 Brookhurst Street, from 11:00 am to 1:00 pm. The proposed drive-through design will provide a queuing capacity of ten (10) vehicles in the drive-aisle. Should the que exceed ten (10) vehicles, vehicles can back-up in the parking lot on the south side of the building. A “pork chop” has been designed at the easterly side of the parking lot at the service alley, restricting vehicle circulation to prevent vehicles from entering the drive-through aisle from the easterly driveway off Talbert Avenue, which is closest to the drive-through entrance. This design will force vehicles to enter farther west down Talbert Avenue. This will allow any vehicle backup from the drive-through to occur on-site and not into the service alley or Talbert Avenue.
Parking:
The Village Center shopping center received parking lot upgrades under the Sprouts Farmers Market project and had 478 on-site parking spaces in 2021. Since that time, the City has approved several reductions in the required parking for commercial businesses and drive-through facilities.
Under the adopted code requirements for drive-through parking, the McDonald’s drivethrough facility requires 15 parking spaces for the 3,850 square foot building, where 50% of the vehicles spaces in the drive-through may be credited towards meeting the required parking. Using the new parking ratios to calculate the shopping center’s required parking, the total required parking for the shopping center is 349 parking spaces, and 370 spaces are provided. With the approval of the Dutch Bros drive-through, 61 parking spaces were removed in the Village Center parking lot resulting in a surplus of 33 spaces in the shopping center. The overall reduction in the amount of parking spaces will not cause a parking issue in the shopping center.
Attachment #2
Planning Commission Action – PP 576 & CUP 1925
February 14, 2024
Table 2
Shopping Center Square Feet in 2021 83,459 sq. ft.
Beach City Dog Camp / Hwangs Martial Arts (to be demolished for project) -9,479 sq. ft.
Dutch Bros Coffee (Approved March 2023) +905 sq. ft.
McDonald’s (Proposed) +3,850 sq. ft.
Total Shopping Center Square Feet (Proposed w/ project) 81,980 sq. ft.
Parking Ratio: 1 space per 219 square feet of building area (1/250 sq. ft.) Total Required Parking: 342 Total Provided Parking: 370 The applicant has submitted revised plans that show the drive aisle between Talbert Avenue and the McDonald’s building has been modified to a one-way drive aisle with 45-degree parking spaces (Attachment #3). This will result in a loss of five (5) parking spaces as originally proposed; however, there is a surplus of available parking as shown in Table 2 above. This will allow traffic to travel eastbound through the drive aisle and make a right turn onto the service alley. Vehicles will then have the ability to make a right (westbound) or left (eastbound) turn onto Talbert Avenue. The City of Fountain Valley Public Works Department has placed a condition of approval to modify the landscape planters to further channel vehicles in a right turn only condition, along with “Exit-Only” and “Wrong-Way” traffic signs at this location. This will eliminate vehicles from traveling westbound on Talbert Avenue to enter the McDonald’s site from the service alley.
Additionally in Attachment #3, the applicant has proposed to stripe “keep clear” on Talbert Avenue at Bay Street to allow vehicles to exit onto Talbert Avenue during heavy traffic. The Public Works Department has requested that the applicant remove this proposed striping.
Instead, the Public Works Department will be working with the applicant to hire a traffic engineer to complete a study of that intersection and to work with the Department to identify any issues to determine a solution, if the project is approved.
Conditional Use Permit 1925:
The proposed use is defined as "Drive-in and drive-through sales" use, which is allowed in the C1 zoning district with the approval of a CUP. The purpose of a CUP is to allow for uses that are not allowed by right, and to ensure, through conditions of approval (COA), that the proposed land use is compatible with the surrounding land uses in the neighborhood.
As shown in Table 1, the proposed McDonald’s complies with FVMC development standards, and specifically, the required building setbacks. It is important to note that the proposed double drive-through will be located on the east side of the shopping center adjacent to single-family residential homes. The applicant has provided the setbacks from the drive-through speakers to the adjacent property line and home on the east side of the project. As shown on sheet C1.0 of the preliminary site plan, the closest drive-through speaker would be 58.3 feet to the property line wall to the east, and 76.4 feet to the house.
An existing 6-foot tall CMU wall separates the shopping center and service alley from the single-family homes along the east and north sides. With anticipated noise from the drivethough such as idling vehicles and the ordering speaker, staff worked with the applicant on proposing an additional wall along the drive-through adjacent to the service alley as a noise barrier. The wall will total 74 feet located in the 5-foot landscaping median between the drivePage 54 Attachment #2
Planning Commission Action – PP 576 & CUP 1925
February 14, 2024
through lane and the service alley. The wall will be constructed in staggered sections, starting at 4’-2” in height at the drive-through entrance, increasing by 2 feet in sections from 6 feet to a maximum of 8’-2” in three (3) middle sections of the wall. Pursuant to FVMC
21.30.030 – the Development Code requires a 6-foot wall adjacent to residential with a minimum setback consisting of a 5-foot landscape planter. As proposed, the new wall will be over 40 feet to the west of the property line shared with the residential properties.
The original proposal for the McDonald’s was to operate 24 hours, seven (7) days per week.
The applicant has since agreed to modified hours of operation from 5:30 a.m. to 11:00 p.m., seven (7) days per week, which is the same approved hours for the new Dutch Bros in the Village Center.
Community Engagement:
The Village Center has recently seen increased development activity with the approval of the Sprouts Market in July of 2021 and the approval of a Dutch Bros drive-through in March of 2023. Because of this activity, early on in the application process, staff suggested that the applicant reach out to the adjacent residents behind the Village Center informing them of their project. The intent of the outreach was to give neighbors a notice much earlier than what is required for notifications on public hearings, which is 10 days before the scheduled public hearing.
The applicant’s team mailed notices to residents along Bay Street, Talbert Avenue, and La Grande Circle informing them on the two (2) community engagement meetings held on August 30 and September 13 of 2023, at which time residents provided comments on the project. The applicant documented the neighbors’ concerns and listed them along with their response to those comments in Attachment #8. Staff has included COA’s in Exhibit A of Attachment #7 that address the concerns about the following:
Hours of Operation – Condition No. 8
Drive-through speaker noise – Condition No. 13
Vehicle noise from the speaker and vehicles in drive-through – Condition Nos. 13, 14 Traffic on Talbert – Condition Nos. 2, 80, 81, 82
Food Odor – Condition No. 31
Exterior lighting – Condition No.19
Views of equipment and size of building – Condition Nos. 17, 18, 32 Security – Condition Nos. 27, 35, 48
Delivery Trucks – Condition Nos. 46 & 47
As mentioned previously, Staff did also work with the applicant to amend that plans to incorporate certain changes to offset any potential impacts. These include the addition of a wall adjacent to the drive-through lanes to create a barrier, the “pork chop” design to ensure queuing does not extend in shared drive aisles and the street, and technology that allows the drive-through speaker volume to be adjusted.
Attachment #2
Planning Commission Action – PP 576 & CUP 1925
February 14, 2024
Conclusion:
The proposed project is consistent with the General Plan and zoning ordinance, complies with applicable development standards and will provide for additional dining options for the City. Staff also feels that the proposed project meets the requirements for drive-through facilities as set forth in FVMC 21.30.030. The site has been designed to potentially alleviate any concerns regarding traffic, congestion, excessive pavement, litter, noise, and unsightliness. With conditions of approval in Attachment #7, staff supports the request as submitted.
Environmental Clearance:
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures and can be determined categorically exempt pursuant to Class 3 (Section 15303 – New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.
Class 3 consist of construction of new structures including not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed building and use does not include a significant amount of hazardous substances, all public services and facilities are available to the site, and the surrounding area is not environmentally sensitive (Attachment #8).
Notice Furnished:
Public hearing notices were mailed to all property owners and commercial tenants within 500 feet of the subject property. The item was published in the Fountain Valley View and notices were posted at City Hall, the Recreation Center, and posted to the City’s website at www.fountainvalley.gov/AgendaCenter.
Alternatives:
1. Adopt Resolution No. 23-32 approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Precise Plan No. 576 to construct a 3,850 square foot building and Conditional Use Permit No. 1925 for a double-drive-through facility located in the Village Center shopping center at the northeast corner of Magnolia Street and Talbert Avenue.
2. Continue the request and direct staff to prepare a resolution for denial.
3. Continue this request for additional information.
Attachment #2
Planning Commission Action – PP 576 & CUP 1925
February 14, 2024
Recommended Action:
Staff recommends that the Planning Commission adopt Alternative #1: Adopt Resolution No. 23-32 approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Precise Plan No. 576 to construct a 3,850 square foot building and Conditional Use Permit No. 1925 for a double-drive-through facility located in the Village Center shopping center at the northeast corner of Magnolia Street and Talbert Avenue.
Prepared By: Matt Jenkins, Senior Planner
Reviewed By: Steven Ayers, Principal Planner
Approved By: Omar Dadabhoy, Community Development Director Attachments: 1. Vicinity Map
2. Response to Dec. 13, 2023 PC meeting w/ Exhibits
3. Response dated February 5, 2024 w/ revised drive-aisle
4. Overlay image
5. Plans
6. Drive-thru evaluation
7. Resolution No. 23-32 with Exhibit 1 Conditions of Approval
8. Community Engagement Letter
9. Notice of Exemption
Attachment #2
Attachment #1
Vicinity Map
McDonald’s
Precise Plan No. 576
Conditional Use Permit No. 1925
Village Center
NE Corner of Magnolia Street and Talbert Avenue
Attachment #2
City of Fountain Valley January 29th, 2023
Community Development Department- Planning Division
10200 Slater Ave. Fountain Valley, CA 92708
RE: McDonald’s Precise Plan No. 576 & CUP No. 1925
Dear Commissioners,
We appreciate your consideration of the proposed McDonald’s at Village Center. The project team has worked diligently to put together supplemental reports to synthesize the available data and address the commissioner's questions from the December 13th, 2023 hearing. Those outstanding questions are listed below and further addressed via the original staff report and the supplemental technical studies that are attached as Exhibits 1-
6. We look forward to seeing you all on February 14th. If you have any additional questions, please do not hesitate to reach out to us directly.
Traffic (Exhibit 1)
• Trip Generation and Off-Site Traffic Impacts of a New McDonald’s (Exhibit 1, Page 5, “Table 2: Trip Generation Summary”)
o It is important to consider the square footage of the existing building (9,279 SF) vs. the smaller footprint of the proposed McDonald’s (3,850 SF) that will take its place.
o Assuming the current 9,279 sf building remains and is re-tenanted with 2,000 sf of QSR/Fast Food and 7,279 sf of general grocery-anchored shopping center retail uses, the estimated daily trips generated would be 816 trips. Given the current leasing environment, it is very likely that more than 2,000 sf of the existing space would be occupied by fast food/QSR uses, which would further increase the trip generation of this scenario. o A 3,850 sf fast food with drive-through McDonald’s is estimated to result in 808 trips per day.
o Utilizing the widely accepted Institute of Transportation Engineers trip generation data, the proposed McDonald’s would be estimated to result in 8 fewer trips than the existing 9,279 sf once re-tenanted with uses that would require no additional traffic analysis and public hearing. • Queuing (Exhibit 1, Page 2 of 5)
o It is important to note that the overall expected revenue (i.e. customer count) for the proposed Project is anticipated to be 55% of the existing Brookhurst Street location and 92% of the existing Talbert Avenue location. The intent of this proposed new location is to service existing customers and reduce the customer load at the existing locations by providing an alternate option.
Attachment #2
o In extrapolating the above data to anticipated drive-thru queuing as compared to the other stores; the data and characteristics of the existing restaurants suggest that the proposed Project is likely to experience 8-12 vehicles queued in peak conditions.
o The proposed drive-through lane wraps around the building to provide a conservative queueing capacity of ten (10) vehicles.
o A “pork chop” has been designed at the easterly side of the parking lot at the service alley to create a left-turn in and left-turn out only condition, restricting vehicle circulation to prevent vehicles from entering the drivethrough aisle from the easterly driveway off Talbert Avenue, which is closest to the drive-through entrance. This design will force vehicles to enter farther west down Talbert Avenue. In the unlikely instance where the queue exceeds ten (10) vehicles, vehicles can back up in the parking lot on the south side of the building and would not risk any back-up into a public right of way or major Village Center drive-aisles.
o See Conditions 9, 10, 46 and 47 of the Conditions of Approval, specifically inserted to mitigate any queuing concerns.
• On-site traffic impact of a new McDonald’s
o In the two and a half years since current ownership purchased Village Center, there have been no reported accidents on-site. In that time the Property has had the parking lot fully overhauled, including improved lighting, security, striping and asphalt. There is little to no topography and no blind corners.
McDonald’s will invest additional money in improved on-site conditions and security measures through this Project.
• Omission of Dinnertime Volumes (Exhibit 1, Page 2 of 5 & Exhibit 1 – Attachment B) o Planning Commissioners were concerned that the initial Traffic Analysis did not include data from dinnertime hours.
o Dinnertime volumes are estimated to be approximately 62% of lunchtime volumes and thus are not material when calculating data for peak hours. • Deliveries
o As opposed to a grocery store, which has daily deliveries; McDonald’s delivery truck is onsite for only 30-45 minutes, 2-3 times per week. o Delivery timing is flexible and can be set to specific, off-peak hours as requested by the City of Fountain Valley.
o See Conditions 6 and 7 of the Conditions of Approval, specifically inserted to mitigate any delivery concerns.
• Proximity to High Schools (Exhibit 1, Page 2 of 5)
o The proposed Project is reflective of the average proximity of your local McDonald’s and your local grocery-anchored shopping center to a school.
Given the similar proximity of the two existing McDonald’s in Fountain Valley to schools, this Project does not impact the likelihood of a student going to McDonald’s for lunch in Fountain Valley.
o See Condition 40 of the Conditions of Approval, specifically inserted to mitigate any youth loitering or truancy concerns.
Attachment #2
Hours of Operation
o McDonald’s uniformly requests all stores be allowed to operate 24 hours per day so they can be adjusted based on customer needs. Given the neighborhood characteristics and anticipated relative volumes listed above, this would not operate as a 24-hour store.
o McDonald’s agreed at the Planning Commission hearing on December 13th to match their hours to those that were approved for Dutch Bros (5:30AM11PM, seven days a week).
Odors (Exhibit 2)
o Further details on the state-of-the-art filtering, venting, and exhaust system can be found in Exhibit 2. Given the investment by McDonald’s into odor mitigation and the proximity of residents to existing restaurants and two major streets, any risk of changes to the odor in the area have been mitigated.
Noise (Exhibit 3)
o Further detail on the proposed 8’ sound wall, and the noise levels at various distances from the drive-thru are included as a visual, see Exhibit 3. o McDonald’s is investing in an 8’ sound wall on-site, in addition to the existing 6’ CMU wall at the Property Line.
o The proposed 3M speaker system is industry leading in volume control. It has set decibel limits based on the time of day and auto-adjustments based on ambient noise around it. The auto-adjustment is managed through the 3M software and volume cannot be increased by the franchisee. The project team has agreed to ensure speaker noise is automatically decreased between 8PM and 6AM.
o Noise is estimated to be at 11 decibels in the nearest backyard. That is the less than the sound in a library and is one-fifth that of a household refrigerator. The noise from McDonald’s will not register when compared to the existing noise from adjacent Talbert Avenue and the neighborhood. o See Conditions 11 and 12 of the Conditions of Approval, specifically inserted to mitigate any noise concerns.
Light Pollution (Exhibit 4)
o The photometric study has been reattached as Exhibit 4 and demonstrates that light spill will not affect the residences. These are technical documents and show exact illumination details. As shown, light leakage is confined to the existing parcel.
o See Condition 18 of the Conditions of Approval, specifically inserted to mitigate any noise concerns.
Attachment #2
Conclusion
The above details are intended to specifically address the questions posed by the Planning Commissioners at the end of the December 13th hearing. In advance of the December 13th hearing, the Project team held two community meetings with neighbors and had multiple meetings with City Staff to proactively address additional concerns. Those concerns and mitigants from October 2023 are included as Exhibit 5.
The Landlord and Project Team are confident they are bringing a great project forward for Village Center, its tenants, customers and the City of Fountain Valley. McDonald’s plans to make a significant investment into the community by building a brand-new state-of-the-art 3,850 sf building that will stabilize a portion of Village Center that has seen a laundry list of tenants cycle through over the past two decades. You do not see McDonald’s close stores.
When they invest in a community, they are there for generations. In a world that is getting denser and denser, this development will not only reduce Village Center to the lowest gross leasable area since it was originally built in the 1960’s, but in combination with the recent openings of Sprouts and Dutch Bros, will cement this as a community-serving, surface-parked, sales-tax generating shopping center for decades.
In addition to the letters of support you will receive from the community and from our existing long-term small-business tenants, a letter of support from Sprouts is attached as Exhibit 6.
Sprouts is synonymous with offering healthy food at a reasonable price. Sprouts had absolute approval rights over the McDonald’s Project as part of their Lease and has not only approved it but has thrown its support fully behind it. They see the value not only to Village Center, but to their customers and the long-term health of their significant investment in Fountain Valley.
By the time this reached Planning Commission in December, the Landlord, Sprouts, and your Fountain Valley city staff had evaluated, refined, and approved the project. We appreciate your consideration.
Sincerely,
Todd Huber
PCG Village Center LLC
310-951-0721
[email protected]
Attachment #2
EXHIBIT 1
TRAFFIC MEMO
Attachment #2
DATE: January 29, 2024
TO: Robert Preece, DesignUA, Inc.
FROM: Robert Vu, Urban Crossroads
JOB NO: 15434-08 TA Memo
MCDONALD’S – FOUNTAIN VALLEY DRIVE-THRU EVALUATION
Urban Crossroads, Inc. is pleased to submit the following Drive-Thru Evaluation for the proposed McDonald’s – Fountain Valley development (referred to as “Project”).
The Project is located at 17970 Magnolia Street in the City of Fountain Valley, as shown on Exhibit A. This memorandum provides additional traffic analysis to supplement the McDonald’s – Fountain Valley Drive-Thru Evaluation (Drive-Thru Evaluation).
EXHIBIT A: LOCATION MAP
Attachment #2
REFERENCE DRIVE-THRU SURVEYS
Four existing McDonald’s sites were utilized to estimate the total number of vehicles queued in the proposed drive-thru. The sites were chosen based on local proximity as well as characteristics such as upgraded kitchens and drive-thru facilities, operational improvements, settings (proximity to high schools, residential, commercial, and office uses), and services available (i.e., mobile ordering, multiple pick-up windows, curbside pick-up, etc.). Table 1 and Attachment A summarizes the characteristics of each McDonald’s.
TABLE 1: REFERENCE DRIVE-THRU QUEUING DATA SUMMARY
Location
Adjacent Street
Daily Volumes Peak Queuing6
Drive-thru
Capacity
Driving Time From
a High School
Brea1 73,000 12 vehicles 21 vehicles 6-14 minutes
South Gate2 25,000 13 vehicles 11 vehicles 4-6 minutes
Fountain Valley3 39,300 15 vehicles 14 vehicles 4-8 minutes Fountain Valley4 28,700 12 vehicles 8 vehicles 6-14 minutes Proposed Project5 28,400 - 30,100 ~ 8–12 vehicles 10 vehicles 4-6 minutes 1 The McDonald's located at 825 Imperial Highway.
2 The McDonald's located at 3309 Tweedy Boulevard.
3 The McDonald's located at 18962 Brookhurst Street.
4 The McDonald's located at 11321 Talbert Avenue.
5 The proposed McDonald's located at 17970 Magnolia Street. 6 Vehicle queuing is contained on-site and does not spill over onto public right-of-way.
As shown in Attachment B, the data collected in the Drive-thru Evaluation reflects the peak vehicle throughput. Peak lunchtime customer activity begins in the morning, at 11:00 AM; which concludes at 1:00 PM. The dinnertime volumes are estimated to be approximately 62% of the lunchtime volumes.
A review of the drive-thru queuing data and characteristics of the existing restaurants suggest that the proposed Project is likely to experience 8-12 vehicles queued in peak conditions.
The Fountain Valley location at 18962 Brookhurst Street experiences a larger peak queuing due to the volumes of the adjacent roadway and drive-thru capacity. The Brookhurst Street restaurant observes 39,300 daily trips per day on the adjacent street and a drive-thru queuing capacity of 14 vehicles. The proposed Project observes between 28,400 to 30,100 daily trips per day on the adjacent streets which equates to 23-28% less volume than that of Brookhurst Street.
The proposed Project is anticipated to have similar customer throughput as the Fountain Valley location at 11321 Talbert Avenue. The Talbert Avenue restaurant observes 28,700 daily trips per day on the adjacent street (or 73% of Brookhurst Street daily volumes) and a drive-thru queuing capacity of 12 vehicles.
The overall expected revenue for the proposed Project is anticipated to be 55% of the Brookhurst Street location and 92% of the Talbert Avenue location. It should be noted that there are 5 existing McDonald’s restaurants within 2.75 miles of the proposed Project. The intent of the
Attachment #2
proposed location is to draw customers and reduce the customer load at the existing locations by providing an alternate location option.
TRAFFIC SIGNAL
Unwarranted traffic control, such as a traffic signal, can create safety and operational issues, which may increase liability for the leading jurisdiction. These issues can include higher collision rates, drivers ignoring the traffic control (i.e., running red lights), and an unnecessary increase in vehicle delay/vehicle idling. The installation of a traffic signal must consider all users of the roadway in order to justify the installation. The National Cooperative Highway Research Program (NCHRP) Research Report 900 provides the following travel times and crash rates tables in relation to signals per mile. An increase in traffic signal density leads to an increase in travel times and crash rates.
Collision data history was available through the Statewide Integrated Traffic Records System (SWITRS). A review of Talbert Avenue adjacent to the Project site indicates that there are no recorded collisions within the last 5 years.
Traffic signals in close proximity of other traffic signals must be coordinated through an interconnect system. The existing traffic signal on Magnolia Street and Talbert Avenue is located approximately 350’ west of the intersection of Third Street/Project driveway and Talbert Avenue.
Attachment #2
The US Department of Transportation Federal Highway Administration states that “signals that are located very close together (less than 500 feet) often require settings that manage queues rather than progression as the dominant policy.” This may lead to an unnecessary increase in vehicle delay on both Magnolia Street and Talbert Avenue.
Both roadways are primary arterials and experience approximately 30,000 vehicles trips per day.
Primary arterials connect the regional network to the residential and commercial areas of the City and vehicle progression is a major factor on these roadways. The intersection of Second Street and Talbert Avenue is also located approximately 250’ east of the intersection of Third Street/Project driveway and Talbert Avenue. Vehicle queuing from the potential traffic signal at the intersection of Third Street/Project driveway and Talbert Avenue can potentially block the intersection of Second Street and Talbert Avenue. Based on these factors, a traffic signal is not recommended at the intersection of Third Street/Project driveway and Talbert Avenue.
TRIP GENERATION
Trip generation represents the amount of traffic which is both attracted to and produced by a development. Determining traffic generation for a specific project is therefore based upon forecasting the amount of traffic that is expected to be both attracted to and produced by the specific land uses being proposed for a given development.
The site is currently occupied by an 9,279 SF retail building and may be re-tenanted to other commercial/retail uses. The proposed Project is to consist of a 3,850 SF McDonald’s restaurant with drive-thru.
In order to develop the traffic characteristics of the existing building and proposed Project, tripgeneration statistics published in the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition, 2021) were used. Table 2 summarizes the trip generation for the probable tenants. It should be noted that the square footage estimate for the Fast-Food Restaurant without Drive-Through Window in Table 2 is likely underestimated. As such, the trip generation comparison provides a conservative estimation between the existing building and proposed Project. The proposed Project is anticipated to generate 8 fewer two-way trips per day as compared to the potential commercial/retail tenants. Due to the nominal change in trip generation, a traffic study is not required for this analysis.
Attachment #2
TABLE 2: TRIP GENERATION SUMMARY
Attachment #2
ATTACHMENT A: LOCATION SUMMARY
Attachment #2
Attachment #2 Page 243
Attachment #2 Page 244
Attachment #2
Attachment #2 Page 246
Attachment #2 Page 247
15434-08 TA Memo sent 240118
ATTACHMENT B: TIME-OF DAY DISTRIBUTION
Attachment #2
15434-08 TA Memo sent 240118
ITE Trip Generation Manual (11th Edition, 2021) Time-of-day Distributions Land Use Code 934
Land Use Fast-Food Restaurant with Drive-Through Window Setting General Urban/Suburban
Time Period Weekday
# Data Sites 53
% of 24-Hour Vehicle Trips
Time Total Entering Exiting
5:00 - 6:00 AM 0.7% 0.8% 0.7%
6:00 - 7:00 AM 2.1% 2.3% 1.9%
7:00 - 8:00 AM 3.3% 3.4% 3.1%
8:00 - 9:00 AM 3.5% 3.5% 3.4%
9:00 - 10:00 AM 3.3% 3.4% 3.3%
10:00 - 11:00 AM 3.8% 4.0% 3.7%
11:00 - 12:00 PM 8.4% 9.1% 7.7%
12:00 - 1:00 PM 11.9% 11.9% 12.0%
1:00 - 2:00 PM 8.3% 7.9% 8.7%
2:00 - 3:00 PM 6.2% 5.9% 6.5%
3:00 - 4:00 PM 5.7% 5.7% 5.7%
4:00 - 5:00 PM 5.7% 5.9% 5.6%
5:00 - 6:00 PM 6.7% 6.9% 6.5%
6:00 - 7:00 PM 7.4% 7.4% 7.4%
7:00 - 8:00 PM 6.5% 6.3% 6.6%
8:00 - 9:00 PM 5.7% 5.6% 5.8%
9:00 - 10:00 PM 4.4% 4.1% 4.6%
10:00 - 11:00 PM 2.7% 2.5% 2.9%
11:00 - 12:00 AM 1.6% 1.4% 1.8%
Attachment #2
EXHIBIT 2
ODOR MITIGATION MEMO
Attachment #2
153 East City Place Dr. Santa Ana, CA 92705 | phone 714.892.3900 January 24, 2024
City of Fountain Valley
Community Development Department- Planning Division
10200 Slater Ave
RE: McDonald’s Precise Plan No. 576 & CUP No. 1925 (ODOR Mitigation) Dear Staff,
Please find below the description on how McDonald’s exhaust system proactively removes surrounding odors from neighboring facilities and/or residences:
These are the systems in place at all new construction restaurants:
- Upblast exhaust fans: McDonald’s uses a custom exhaust fan designed and manufactured in conjunction with Greenheck Fan Corporation which channels exhaust vertically in a column in order to elevate any exhaust particles as high in the atmosphere as possible.
- Cascade High Efficiency filters: These high-efficiency filters are far superior to extracting out particles from the exhaust compared to a standard filter uses by most restaurants.
These two alone are implemented in any new McDonald’s restaurant to remove surrounding odors from neighboring facilities and/or residences. However, given the feedback to date from surrounding public, McDonald’s is also implementing another item just to be certain we have done everything the industry provides to prohibit odors being a nuisance.
- UV-C system: Uses UV-C light to interact with any ozone particles to eliminate any fats/grease/odors in the exhaust.
As always, we look forward to continuing our legacy of friendly neighborhood service and success within the City of Fountain Valley. Any questions please let us know.
Sincerely,
Robert Preece
Principal, Designua, Inc.
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
• ASTM Tested to be up to 270% More Efficient than Standard Baffle Filters (relative capture rate from 2 to 8-micron particle size.
• Exhaust air containing vaporized cooking oil, water vapor & entrained fats enters the canopy through the grease filters.
• Jimco KPC Unit UV Lights located behind the grease filters react with oxygen in the extract air to produce ozone.
• Trace ozone continually destructs fats/grease and odors in the duct • The combination of UV-C light & Ozone reacts with the grease and odors to produce carbon dioxide, water vapor & polymerized grease (dust).
• UVC system shall provide a minimum of 90% odor reduction compared to a standard facility without any such filtration system equipped.
Attachment #2
McDonald's USA, LLC Proposed McDonald's Restaurant #004-5137
PLANNING AND DESIGN
153 E. City Place Dr. | Santa Ana | CA | 92705
Phone 714.892-3900 | Fax 714.892-3944
17970 Magnolia Street
Fountain Valley, CA 92708
4 December 2023
McDonald's USA, LLC Proposed McDonald's Restaurant #004-5137
PLANNING AND DESIGN
153 E. City Place Dr. | Santa Ana | CA | 92705
Phone 714.892-3900 | Fax 714.892-3944
17970 Magnolia Street
Fountain Valley, CA 92708
4 December 2023
A5.4 EXHAUST SECTION SCALE: N.T.S.
EXHAUST SECTION
EXHAUST PLUME: 39' ABOVE GRADE
20' UP BLAST
UV-C SYSTEM HIGH-EFFICIENCY FILTER
Attachment #2
EXHIBIT 3
NOISE STUDY
Attachment #2
1/22/2024
HA N A H M L UEVA NO
C I V I L
17970 MAGNOLIA STREET
FOUNTAIN VALLEY, CA, 92708
1100 TOWN AND COUNTRY ROAD, SUITE 700
ORANGE, CA 92868
(714) 786-6338
Know what'sbelow. Callbefore you dig.
R McDonald's USA, LLC
17970 MAGNOLIA STREET
FOUNTAIN VALLEY, CA, 92708
1100 TOWN AND COUNTRY ROAD, SUITE 700
ORANGE, CA 92868
(714) 786-6338
Know what'sbelow. Callbefore you dig.
R McDonald's USA, LLC SHEET
1 OF 1
PRELIMINARY NOISE
EXHIBIT
NORTH
SCALE
NOISE EXHIBIT - WITH IMPLEMENTATION LEGEND:
OF CMU BLOCK WALL
1 PROPOSED CMU BLOCK WALL ELEVATIONS
Attachment #2
Attachment #2
McDonald's USA, LLC Proposed McDonald's Restaurant #004-5137
PLANNING AND DESIGN
153 E. City Place Dr. | Santa Ana | CA | 92705
Phone 714.892-3900 | Fax 714.892-3944
17970 Magnolia Street
Fountain Valley, CA 92708
8 August 2023
McDonald's USA, LLC Proposed McDonald's Restaurant #004-5137
PLANNING AND DESIGN
153 E. City Place Dr. | Santa Ana | CA | 92705
Phone 714.892-3900 | Fax 714.892-3944
17970 Magnolia Street
Fountain Valley, CA 92708
8 August 2023
ALLEY ELEVATION
FRONT ELEVATION
A2.2 TRASH ENCLOSURE ELEVATIONS SCALE: 3/8" = 1'-0"
SIDE ELEVATION REAR ELEVATION
SOUND WALL PLAN
Attachment #2
EXHIBIT 4 - PHOTOMETRIC STUDY
Attachment #2
Received by FV Planning Dept. 12/5/2023
Attachment #2
Exhibit 5 - Concerns and Mitigants
October 2023
Attachment #2
153 East City Place Dr. Santa Ana, CA 92705 | phone 714.892.3900 October 26, 2023
City of Fountain Valley
Community Development Department- Planning Division
10200 Slater Ave
RE: McDonald’s Precise Plan No. 576 & CUP No. 1925
Dear Staff,
With the goal of continuing to foster a positive relationship with our neighbors at Village Center, the project team held two community engagement meetings (8/30 and 9/13) on-site from 6PM to roughly 8:30PM. Invitations were sent via mail to nearby residents along Bay Street, Talbert Avenue., and La Grande Circle. Todd Huber, representing Village Center ownership, also reached out directly to Michele Rucker via email to have a second conduit to any neighbors who may have overlooked the mailed invitation.
Below are the concerns that were voiced by those who attended the community engagement meetings, as well as the project team’s feedback/proposed remediations for each concern.
General operational noise
o This is an active and existing commercial center, and commercial use is permitted under the existing zoning. As such, we will keep noise to standard acceptable commercial center volume.
o The shopping center is near an active intersection with consistent vehicle noise existing from Talbert and Magnolia that will far exceed any noise produced by this Project.
Drive-thru speaker noise
o Our speaker system is industry leading in volume control. It is a 3M product that has set decibel limits based on time of day and autoadjustment based on ambient noise around it. The auto-adjustment is managed through the 3M software and volume cannot be increased by the franchisee. Project team is willing to ensure speaker noise decreases between 8PM and 6AM.
o We are installing a new CMU sound wall (height ranges from 6’-2” to 8’- 2”) to further separate the drive-thru lane from the alley to further block any noise caused by the
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
o restaurant. This additional wall is in combination with the existing 6’ CMU wall at the residential property line.
o The distance from the drive-thru CMU wall to the nearest residential (17971 Bay St) back wall/windows is about 61’
Vehicle operator noise in drive-thru
o Please see the note above relating to the new CMU sound wall. Traffic impact of a new McDonald’s
o The continued goal within the currently zoned commercial center is the success of said commercial center. As it stands, the current commercial center sees many vehicle trips on a daily basis.
o A traffic/queue study is being provided. Based on preliminary data this will show that no new trips on the adjacent streets will be generated based on the addition of McDonald’s to this center. When taking into consideration the square footage of the existing building (9,479 SF) vs. the smaller footprint of the proposed McDonald’s (3,850 SF) that will take its place, the number of trips on the adjacent center is projected to decrease – this is dependent on data from the study.
Queuing affecting Talbert
o Traffic /queue study is being provided for review. Based on preliminary data, this study should show the drive-thru stacking capacity is more than sufficient for the design to not affect Talbert Ave or the alley between the residential properties and the McDonalds drive-thru. McDonald’s has an industry-leading drive-thru entrance-to-exit rate with vehicles in queue for significantly shorter periods (average of 180 seconds) than competitors.
o Any potential stacking in the rear loading alley and onto Talbert is prohibited by the current tenant leases and will be prohibited by the Landlord. Should there be a peak rush that would cause this condition to occur, temporary cones and staff direction will move the queue line to the west entrance and specifically away from Talbert. This will move any potential stacking into the shopping center (within the parcel) and away from Talbert and residences.
Food smell drifting into fence line backyards
o The roof exhaust equipment has upblast trajectory and smells are pushed upwards of 30’+ straight up into the air and into the McDonald’s interior building, in order to prevent any smells leaving the building footprint. o Filter media on the Type 1 hoods are industry leading to extract food smell particles from the exhausting air.
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
Light spill from building into fence line backyards
o Revised photometric study has been submitted to show light spill will not affect the residences. These are technical documents and show exact illumination details. As shown, light leakage is confined to the existing parcel.
View of roof mechanical equipment
o The parapets on the building are extended high enough to fully screen all equipment. The goal being to mask all exterior viewing of roof equipment. This can be referenced on most McDonald’s locations today. View of building vs. existing building
o The existing building is over 3’ taller than highest point on the proposed building and the footprint is reduced in overall square footage by more than 5,600 SF (59% reduction). The proposed building size and layout will be far less imposing than the existing, by design.
Security
o McDonald’s installs security cameras throughout the site to provide security and alert any parties necessary if incidents occur. McDonald’s consistently and proudly collaborates with local public safety departments.
o As part of the Landlord’s 2022 redevelopment, new security cameras, lighting, and protocols were put in place for the balance of Village Center.
Security has not been an issue since current ownership took over, and McDonald’s will only further improve that.
Vagrancy
o Once McDonalds is open, and the orthodontist tenant occupies the remaining existing vacancy, Village Center will be a 100% occupied center with a tenant line-up that activates the space throughout the day. As proven out at many other centers, customer and tenant activity are by far the most effective deterrents of both crime and vagrancy. o The proposed development will activate the corner of the center which is most prone to vagrancy and nearest to residential.
Delivery truck and impact to alley traffic
o The delivery truck is onsite for only 30-45 minutes, roughly 2-3 times per week.
o The alley is for delivery traffic. McDonald’s will coordinate delivery schedules opposite of Sprouts so that alley traffic is effectively managed.
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
Delivery truck timing
o Delivery timing is flexible and can be set to specific, off-peak hours as requested by the City of Fountain Valley.
McDonald’s has a low-class customer and product
o McDonald’s is industry leading in investment into the brand, the image of the site and interiors, and food quality, thus not targeting low-class customers but rather providing a globally known product. Operators take pride in their stores and take customer feedback as an important indicator of success. Many franchisees own many stores within a specific local area.
o In order to allow for the addition of McDonalds, anchor tenants such as Sprouts had to both review and agree to the Project. Sprouts sees McDonald’s as an exemplary co-tenant, speaking to the quality of customers McDonald’s attracts.
McDonald’s attracts drunk/high people during late-night 24-hour operations o 24-hour operations pertain to the drive thru only, the lobby will close at an evening hour as determined by the individual franchisee. We can’t control who visits our restaurants, however, data shows that most latenight and early-morning visitors are working-class individuals stopping by for pre- or post-work meals. Additionally, McDonald’s does not fit into the category of other fast-food restaurants that currently require security guards to monitor and enforce their drive-thru lines.
McDonald’s does nothing to better the community
o McDonald’s operators are always local to the neighborhoods they operate in and serve many local boards, charities, etc. o Local stores directly donate funds to Ronald McDonald House Charities that directly serve people in need at children’s hospitals. o Tax revenue contributes to the cities in which a McDonald’s is built. o This location will likely create 40-80 new jobs to support local economic growth, professional development, and economic opportunity We look forward to continuing our legacy of friendly neighborhood service and success within the City of Fountain Valley.
Sincerely,
Robert Preece
Principal, Designua, Inc.
Attachment #2
Exhibit 6 - Sprouts Letter of
Support
Attachment #2
Attachment #2
City of Fountain Valley February 5, 2024
Community Development Department- Planning Division
10200 Slater Ave. Fountain Valley, CA 92708
RE: McDonald’s Precise Plan No. 576 & CUP No. 1925
Dear Commissioners,
We appreciate your consideration of the proposed McDonald’s at Village Center. The project team has worked diligently over the past two months to thoughtfully modify the Site Plan of the Project while also putting together supplemental reports to synthesize the available data and address the commissioner's questions from the December 13th, 2023 hearing. Those revisions, volunteered conditions, and answers to outstanding questions are listed below and further addressed via the original staff report and the supplemental technical studies that are attached as Exhibits 1-9. We look forward to seeing you all on February 14th. If you have any additional questions, please do not hesitate to reach out to us directly.
Site Plan Revisions (Exhibit 1)
• The drive aisle between Talbert and the McDonald’s building has been modified to a one-way drive aisle.
o Residents and Commissioners expressed concern over:
• Drive-thru queuing conflicting with westbound traffic in the driveaisle. • Drive-thru queuing interfering with the current traffic pattern by which shoppers drive east thru the subject drive-aisle to exit Village Center in the south-east corner. They then make a right out of the center, and a quick U-turn at Talbert and Third St to head east on Talbert Avenue.
o In response to these concerns, the drive aisle between the McDonald’s building and Talbert Avenue has been modified to a one-way (eastbound) drive aisle. This allows for any queuing and east-bound traffic patterns to coexist and eliminates any conflict between west-bound traffic and drive-thru queuing.
• The main Talbert Avenue access point has been modified to right turn out-only condition.
o Residents and Commissioners expressed concern over:
• Customers looking to make a left turn out of Village Center at the main driveway between the Bank of America ATMs and the proposed McDonald’s causing a back-up in Village Center due to the existing westbound traffic on Talbert Avenue. This back-up could block access
Attachment #2
to the drive-aisle to the McDonald’s drive-thru, and delays those looking to make a right turn out of Village Center.
o In response to these concerns, this driveway will be modified to be a rightturn out only exit. Drivers will still be able to make a left or right turn into Village Center.
• Those looking to head east on Talbert Avenue from this portion of the Center maintain two options:
• Exit at the Subject driveway and make a U-turn at Talbert Avenue and Magnolia Street.
• Utilize the eastbound drive aisle discussed above, exit west onto Talbert Avenue, and make a U-turn at Talbert Avenue and Third Street.
• Parking Stalls modified to 45-degree parking
• In conjunction with the one-way condition of the McDonald’s driveaisle, the non-ADA parking stalls have been modified to 45-degree angled parking stalls. This further prevents customers from attempting to head west in the drive aisle and offers easier parking conditions for customers.
• The four (4) ADA stalls remain traditional 90-degree parking stalls to satisfy the requirements of ADA stalls.
• McDonald’s maintains 20 parking stalls on their parcel, which satisfies the 5/1000 parking ratio required for their use.
Volunteered Conditions of Approval
• In addition to the Conditions of Approval that were previously accepted at the December 13, 2023 hearing, the Applicant has volunteered the following Conditions of Approval be modified or added to further address stated concerns:
o Applicant agrees to limit the hours of operation to the hours from 5:30 a.m. to 11:00 p.m., seven (7) days per week. This is in line with the conditioned hours of the Dutch Bros Coffee at Village Center
o Applicant agrees to have a formal in-person meeting with city staff six (6) months post-opening to review and address any operational issues.
Contribution Towards “Keep Clear” Striping at Talbert Avenue and Bay Street (Exhibit 2)
• Residents expressed an existing concern of Talbert Avenue traffic backing up into the intersection of Bay Street and Talbert Avenue and the difficulty of turning onto Talbert Avenue from that neighborhood.
o If Fountain Valley Public Works deems “Keep Clear” striping at the intersection of Bay Street and Talbert Avenue to be a benefit to residents and traffic conditions, PCG Village Center LLC (“Landlord”) agrees to contribute
Attachment #2
$2,000 towards the cost of that striping work.
Traffic Concerns (Exhibit 3)
• Trip Generation and Off-Site Traffic Impacts of a New McDonald’s (Exhibit 3, Page 5, “Table 2: Trip Generation Summary”)
o It is important to consider the square footage of the existing building (9,279 SF) vs. the smaller footprint of the proposed McDonald’s (3,850 SF) that will take its place.
o Assuming the current 9,279 sf building remains and is re-tenanted with 2,000 sf of QSR/Fast Food and 7,279 sf of general grocery-anchored shopping center retail uses, the estimated daily trips generated would be 816 trips. Given the current leasing environment, it is very likely that more than 2,000 sf of the existing space would be occupied by fast food/QSR uses, which would further increase the trip generation of this scenario. o A 3,850 sf fast food with drive-through McDonald’s is estimated to result in 808 trips per day.
o Utilizing the widely accepted Institute of Transportation Engineers trip generation data, the proposed McDonald’s would be estimated to result in 8 fewer trips than the existing 9,279 sf once re-tenanted with uses that would require no additional traffic analysis and public hearing. • Queuing (Exhibit 3, Page 2 of 5)
o It is important to note that the overall expected revenue (i.e. customer count) for the proposed Project is anticipated to be 55% of the existing Brookhurst Street location and 92% of the existing Talbert Avenue location. The intent of this proposed new location is to service existing customers and reduce the customer load at the existing locations by providing an alternate option.
o In extrapolating the above data to anticipated drive-thru queuing as compared to the other stores; the data and characteristics of the existing restaurants suggest that the proposed Project is likely to experience 8-12 vehicles queued in peak conditions.
o The proposed drive-through lane wraps around the building to provide a conservative queueing capacity of ten (10) vehicles.
o The one-way condition of the drive aisle will prevent vehicles from entering the drive-through aisle from the easterly driveway off Talbert Avenue in the southeast corner of Village Center. This design will force vehicles to enter farther west on Talbert Avenue into the main parking field for Village Center. In the unlikely instance where the queue exceeds ten (10) vehicles, vehicles can back up in the drive aisle on the south side of the building and would not risk any back-up into a public right of way or critical Village Center drive aisles. The one-way condition of the drive aisle eliminated any interference with eastbound traffic through the drive aisle as the drive
Attachment #2
aisle is wide enough to bypass the queue.
o See Conditions 9, 10, 46 and 47 of the Conditions of Approval, specifically inserted to mitigate any queuing concerns.
• On-site traffic impact of a new McDonald’s
o In the two and a half years since current ownership purchased Village Center, there have been no reported accidents on-site. In that time, the Property has had the parking lot fully overhauled, including improved lighting, security, striping, and asphalt. There is little to no topography and no blind corners.
McDonald’s will invest additional money in improved on-site conditions and security measures through this Project.
• Omission of Dinnertime Volumes (Exhibit 3, Page 2 of 5 & Exhibit 3 – Attachment B) o Planning Commissioners were concerned that the initial Traffic Analysis did not include data from dinnertime hours.
o Dinnertime volumes are estimated to be approximately 62% of lunchtime volumes and thus are not material when calculating data for peak hours. • Deliveries
o As opposed to a grocery store, which has daily deliveries; McDonald’s delivery truck is onsite for only 30-45 minutes, 2-3 times per week. o Delivery timing is flexible and can be set to specific, off-peak hours as requested by the City of Fountain Valley.
o See Conditions 6 and 7 of the Conditions of Approval, specifically inserted to mitigate any delivery concerns.
• Proximity to High Schools (Exhibit 3, Page 2 of 5)
o The proposed Project is reflective of the average proximity of your local McDonald’s and your local grocery-anchored shopping center to a school.
Given the similar proximity of the two existing McDonald’s in Fountain Valley to schools, this Project does not impact the likelihood of a student going to McDonald’s for lunch in Fountain Valley.
o See Condition 40 of the Conditions of Approval, specifically inserted to mitigate any youth loitering or truancy concerns.
Hours of Operation
o McDonald’s uniformly requests all stores be approved to operate 24 hours per day so they can be adjusted based on customer needs. Given the neighborhood characteristics and anticipated relative volumes listed above, this would not operate as a 24-hour store.
o As volunteered above, McDonald’s agrees to match their hours to those that were approved for Dutch Bros (5:30AM-11PM, seven days a week).
Attachment #2
Odor Concerns (Exhibit 4)
o Further details on the state-of-the-art filtering, venting, and exhaust system can be found in Exhibit 4. Given the investment by McDonald’s into odor mitigation and the proximity of residents to existing restaurants and two major streets, any risk of changes to the odor in the area have been mitigated.
Noise Concerns (Exhibit 5)
o Further detail on the proposed 8’ sound wall, and the noise levels at various distances from the drive-thru are included as a visual, see Exhibit 5. o McDonald’s is investing in an 8’ sound wall on-site, in addition to the existing 6’ CMU wall at the Property Line.
o The proposed 3M speaker system is industry leading in volume control. It has set decibel limits based on the time of day and auto-adjustments based on ambient noise around it. The auto-adjustment is managed through the 3M software and volume cannot be increased by the franchisee. The project team has agreed to ensure speaker noise is automatically decreased between 8PM and 6AM.
o Noise is estimated to be at 11 decibels in the nearest backyard. That is the less than the sound in a library and is one-fifth that of a household refrigerator. The noise from McDonald’s will not register when compared to the existing noise from adjacent Talbert Avenue and the neighborhood. o See Conditions 11 and 12 of the Conditions of Approval, specifically inserted to mitigate any noise concerns.
Light Pollution Concerns (Exhibit 6)
o The photometric study has been reattached as Exhibit 6 and demonstrates that light spill will not affect the residences. These are technical documents and show exact illumination details. As shown, light leakage is confined to the existing parcel.
o See Condition 18 of the Conditions of Approval, specifically inserted to mitigate any noise concerns.
Conclusion
The above details are intended to specifically address the concerns and questions posed by the Planning Commissioners at the end of the December 13th hearing. In advance of the December 13th hearing, the Project team held two community meetings with neighbors and had multiple meetings with City Staff to proactively address additional concerns. Those concerns and mitigants from October 2023 are included as Exhibit 7.
The Landlord and Project Team are confident they are bringing a great project forward for
Attachment #2
Village Center, its tenants, customers and the City of Fountain Valley. McDonald’s plans to make a significant investment into the community by building a brand-new state-of-the-art 3,850 sf building that will stabilize a portion of Village Center that has seen a laundry list of tenants cycle through over the past two decades. You do not see McDonald’s close stores.
When they invest in a community, they are there for generations. In addition, McDonald’s will serve to attract a greater tenant pool for the forthcoming vacancy of the former 18,144 sf RiteAid box. In a world that is getting denser and denser, this development will not only reduce Village Center to the lowest gross leasable area since it was originally built in the 1960’s, but in combination with the recent openings of Sprouts and Dutch Bros, will cement this as a community-serving, surface-parked, sales-tax generating shopping center for decades.
In addition to the letters of support you will receive from the community and from our existing long-term small-business tenants, a letter of support from Sprouts is attached as Exhibit 8.
Sprouts is synonymous with offering healthy food at a reasonable price. Sprouts had absolute approval rights over the McDonald’s Project as part of their Lease and has not only approved it but has thrown its support fully behind it. They see the value not only to Village Center, but to their customers and the long-term health of their significant investment in Fountain Valley.
Lastly, the Chamber of Commerce, which has dedicated itself to growing a sound economic base for the City of Fountain Valley, has submitted a strong Letter of Support, attached as Exhibit 9.
By the time this reached Planning Commission in December, the Landlord, Sprouts, and your Fountain Valley city staff had evaluated, refined, and approved the project. We appreciate your consideration.
Sincerely,
Todd Huber
PCG Village Center LLC
310-951-0721
[email protected]
Attachment #2
EXHIBIT 1
SITE PLAN REVISIONS
Attachment #2
NO PARKING
MCDONALDS
4584
3,850 SF
(CAPABLE) EV (CAPABLE) EV (CAPABLE) EV
ONLY
ONLY
EV
(CAPABLE) EV
(CAPABLE)
©
NORTH
LEGEND
Attachment #2
BIKE LANE
NO PARKING
STORM
STORM
MCDONALDS
4584
3,850 SF
(CAPABLE) EV
(CAPABLE) EV
(CAPABLE) EV
ONLY
ONLY
EV
(CAPABLE) EV
(CAPABLE) BAY STREET THIRD STREET SECOND STREET MAGNOLIA STREET
TALBERT AVENUE
(PUBLIC R.O.W.)
2/5/2024 HA N A H M L UEVA NO C I V I L
17970 MAGNOLIA STREET
FOUNTAIN VALLEY, CA, 92708
1100 TOWN AND COUNTRY ROAD, SUITE 700
ORANGE, CA 92868
(714) 786-6338
Know what'sbelow. Callbefore you dig. R McDonald's USA, LLC 17970 MAGNOLIA STREET
FOUNTAIN VALLEY, CA, 92708
1100 TOWN AND COUNTRY ROAD, SUITE 700
ORANGE, CA 92868
(714) 786-6338
Know what'sbelow. Callbefore you dig. R McDonald's USA, LLC SHEET 1 OF 1
PRELIMINARY SITE
PLAN AERIAL OVERLAY
NORTH
SCALE
Attachment #2
EXHIBIT 2
KEEP CLEAR STRIPING
Attachment #2
KEEP
KEEP
CLEAR
CLEAR
NORTH
Attachment #2 Page 278
EXHIBIT 3
TRAFFIC MEMO
Attachment #2
DATE: January 29, 2024
TO: Robert Preece, DesignUA, Inc.
FROM: Robert Vu, Urban Crossroads
JOB NO: 15434-08 TA Memo
MCDONALD’S – FOUNTAIN VALLEY DRIVE-THRU EVALUATION
Urban Crossroads, Inc. is pleased to submit the following Drive-Thru Evaluation for the proposed McDonald’s – Fountain Valley development (referred to as “Project”).
The Project is located at 17970 Magnolia Street in the City of Fountain Valley, as shown on Exhibit A. This memorandum provides additional traffic analysis to supplement the McDonald’s – Fountain Valley Drive-Thru Evaluation (Drive-Thru Evaluation).
EXHIBIT A: LOCATION MAP
Attachment #2
REFERENCE DRIVE-THRU SURVEYS
Four existing McDonald’s sites were utilized to estimate the total number of vehicles queued in the proposed drive-thru. The sites were chosen based on local proximity as well as characteristics such as upgraded kitchens and drive-thru facilities, operational improvements, settings (proximity to high schools, residential, commercial, and office uses), and services available (i.e., mobile ordering, multiple pick-up windows, curbside pick-up, etc.). Table 1 and Attachment A summarizes the characteristics of each McDonald’s.
TABLE 1: REFERENCE DRIVE-THRU QUEUING DATA SUMMARY
Location
Adjacent Street
Daily Volumes Peak Queuing6
Drive-thru
Capacity
Driving Time From
a High School
Brea1 73,000 12 vehicles 21 vehicles 6-14 minutes
South Gate2 25,000 13 vehicles 11 vehicles 4-6 minutes
Fountain Valley3 39,300 15 vehicles 14 vehicles 4-8 minutes Fountain Valley4 28,700 12 vehicles 8 vehicles 6-14 minutes Proposed Project5 28,400 - 30,100 ~ 8–12 vehicles 10 vehicles 4-6 minutes 1 The McDonald's located at 825 Imperial Highway.
2 The McDonald's located at 3309 Tweedy Boulevard.
3 The McDonald's located at 18962 Brookhurst Street.
4 The McDonald's located at 11321 Talbert Avenue.
5 The proposed McDonald's located at 17970 Magnolia Street. 6 Vehicle queuing is contained on-site and does not spill over onto public right-of-way.
As shown in Attachment B, the data collected in the Drive-thru Evaluation reflects the peak vehicle throughput. Peak lunchtime customer activity begins in the morning, at 11:00 AM; which concludes at 1:00 PM. The dinnertime volumes are estimated to be approximately 62% of the lunchtime volumes.
A review of the drive-thru queuing data and characteristics of the existing restaurants suggest that the proposed Project is likely to experience 8-12 vehicles queued in peak conditions.
The Fountain Valley location at 18962 Brookhurst Street experiences a larger peak queuing due to the volumes of the adjacent roadway and drive-thru capacity. The Brookhurst Street restaurant observes 39,300 daily trips per day on the adjacent street and a drive-thru queuing capacity of 14 vehicles. The proposed Project observes between 28,400 to 30,100 daily trips per day on the adjacent streets which equates to 23-28% less volume than that of Brookhurst Street.
The proposed Project is anticipated to have similar customer throughput as the Fountain Valley location at 11321 Talbert Avenue. The Talbert Avenue restaurant observes 28,700 daily trips per day on the adjacent street (or 73% of Brookhurst Street daily volumes) and a drive-thru queuing capacity of 12 vehicles.
The overall expected revenue for the proposed Project is anticipated to be 55% of the Brookhurst Street location and 92% of the Talbert Avenue location. It should be noted that there are 5 existing McDonald’s restaurants within 2.75 miles of the proposed Project. The intent of the
Attachment #2
proposed location is to draw customers and reduce the customer load at the existing locations by providing an alternate location option.
TRAFFIC SIGNAL
Unwarranted traffic control, such as a traffic signal, can create safety and operational issues, which may increase liability for the leading jurisdiction. These issues can include higher collision rates, drivers ignoring the traffic control (i.e., running red lights), and an unnecessary increase in vehicle delay/vehicle idling. The installation of a traffic signal must consider all users of the roadway in order to justify the installation. The National Cooperative Highway Research Program (NCHRP) Research Report 900 provides the following travel times and crash rates tables in relation to signals per mile. An increase in traffic signal density leads to an increase in travel times and crash rates.
Collision data history was available through the Statewide Integrated Traffic Records System (SWITRS). A review of Talbert Avenue adjacent to the Project site indicates that there are no recorded collisions within the last 5 years.
Traffic signals in close proximity of other traffic signals must be coordinated through an interconnect system. The existing traffic signal on Magnolia Street and Talbert Avenue is located approximately 350’ west of the intersection of Third Street/Project driveway and Talbert Avenue.
Attachment #2
The US Department of Transportation Federal Highway Administration states that “signals that are located very close together (less than 500 feet) often require settings that manage queues rather than progression as the dominant policy.” This may lead to an unnecessary increase in vehicle delay on both Magnolia Street and Talbert Avenue.
Both roadways are primary arterials and experience approximately 30,000 vehicles trips per day.
Primary arterials connect the regional network to the residential and commercial areas of the City and vehicle progression is a major factor on these roadways. The intersection of Second Street and Talbert Avenue is also located approximately 250’ east of the intersection of Third Street/Project driveway and Talbert Avenue. Vehicle queuing from the potential traffic signal at the intersection of Third Street/Project driveway and Talbert Avenue can potentially block the intersection of Second Street and Talbert Avenue. Based on these factors, a traffic signal is not recommended at the intersection of Third Street/Project driveway and Talbert Avenue.
TRIP GENERATION
Trip generation represents the amount of traffic which is both attracted to and produced by a development. Determining traffic generation for a specific project is therefore based upon forecasting the amount of traffic that is expected to be both attracted to and produced by the specific land uses being proposed for a given development.
The site is currently occupied by an 9,279 SF retail building and may be re-tenanted to other commercial/retail uses. The proposed Project is to consist of a 3,850 SF McDonald’s restaurant with drive-thru.
In order to develop the traffic characteristics of the existing building and proposed Project, tripgeneration statistics published in the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition, 2021) were used. Table 2 summarizes the trip generation for the probable tenants. It should be noted that the square footage estimate for the Fast-Food Restaurant without Drive-Through Window in Table 2 is likely underestimated. As such, the trip generation comparison provides a conservative estimation between the existing building and proposed Project. The proposed Project is anticipated to generate 8 fewer two-way trips per day as compared to the potential commercial/retail tenants. Due to the nominal change in trip generation, a traffic study is not required for this analysis.
Attachment #2
TABLE 2: TRIP GENERATION SUMMARY
Attachment #2
ATTACHMENT A: LOCATION SUMMARY
Attachment #2
Attachment #2 Page 286
Attachment #2 Page 287
Attachment #2
Attachment #2 Page 289
Attachment #2 Page 290
15434-08 TA Memo sent 240118
ATTACHMENT B: TIME-OF DAY DISTRIBUTION
Attachment #2
15434-08 TA Memo sent 240118
ITE Trip Generation Manual (11th Edition, 2021) Time-of-day Distributions Land Use Code 934
Land Use Fast-Food Restaurant with Drive-Through Window Setting General Urban/Suburban
Time Period Weekday
# Data Sites 53
% of 24-Hour Vehicle Trips
Time Total Entering Exiting
5:00 - 6:00 AM 0.7% 0.8% 0.7%
6:00 - 7:00 AM 2.1% 2.3% 1.9%
7:00 - 8:00 AM 3.3% 3.4% 3.1%
8:00 - 9:00 AM 3.5% 3.5% 3.4%
9:00 - 10:00 AM 3.3% 3.4% 3.3%
10:00 - 11:00 AM 3.8% 4.0% 3.7%
11:00 - 12:00 PM 8.4% 9.1% 7.7%
12:00 - 1:00 PM 11.9% 11.9% 12.0%
1:00 - 2:00 PM 8.3% 7.9% 8.7%
2:00 - 3:00 PM 6.2% 5.9% 6.5%
3:00 - 4:00 PM 5.7% 5.7% 5.7%
4:00 - 5:00 PM 5.7% 5.9% 5.6%
5:00 - 6:00 PM 6.7% 6.9% 6.5%
6:00 - 7:00 PM 7.4% 7.4% 7.4%
7:00 - 8:00 PM 6.5% 6.3% 6.6%
8:00 - 9:00 PM 5.7% 5.6% 5.8%
9:00 - 10:00 PM 4.4% 4.1% 4.6%
10:00 - 11:00 PM 2.7% 2.5% 2.9%
11:00 - 12:00 AM 1.6% 1.4% 1.8%
Attachment #2
EXHIBIT 4
ODOR MITIGATION MEMO
Attachment #2
153 East City Place Dr. Santa Ana, CA 92705 | phone 714.892.3900 January 24, 2024
City of Fountain Valley
Community Development Department- Planning Division
10200 Slater Ave
RE: McDonald’s Precise Plan No. 576 & CUP No. 1925 (ODOR Mitigation) Dear Staff,
Please find below the description on how McDonald’s exhaust system proactively removes surrounding odors from neighboring facilities and/or residences:
These are the systems in place at all new construction restaurants:
- Upblast exhaust fans: McDonald’s uses a custom exhaust fan designed and manufactured in conjunction with Greenheck Fan Corporation which channels exhaust vertically in a column in order to elevate any exhaust particles as high in the atmosphere as possible.
- Cascade High Efficiency filters: These high-efficiency filters are far superior to extracting out particles from the exhaust compared to a standard filter uses by most restaurants.
These two alone are implemented in any new McDonald’s restaurant to remove surrounding odors from neighboring facilities and/or residences. However, given the feedback to date from surrounding public, McDonald’s is also implementing another item just to be certain we have done everything the industry provides to prohibit odors being a nuisance.
- UV-C system: Uses UV-C light to interact with any ozone particles to eliminate any fats/grease/odors in the exhaust.
As always, we look forward to continuing our legacy of friendly neighborhood service and success within the City of Fountain Valley. Any questions please let us know.
Sincerely,
Robert Preece
Principal, Designua, Inc.
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
• ASTM Tested to be up to 270% More Efficient than Standard Baffle Filters (relative capture rate from 2 to 8-micron particle size.
• Exhaust air containing vaporized cooking oil, water vapor & entrained fats enters the canopy through the grease filters.
• Jimco KPC Unit UV Lights located behind the grease filters react with oxygen in the extract air to produce ozone.
• Trace ozone continually destructs fats/grease and odors in the duct • The combination of UV-C light & Ozone reacts with the grease and odors to produce carbon dioxide, water vapor & polymerized grease (dust).
• UVC system shall provide a minimum of 90% odor reduction compared to a standard facility without any such filtration system equipped.
Attachment #2
McDonald's USA, LLC Proposed McDonald's Restaurant #004-5137
PLANNING AND DESIGN
153 E. City Place Dr. | Santa Ana | CA | 92705
Phone 714.892-3900 | Fax 714.892-3944
17970 Magnolia Street
Fountain Valley, CA 92708
4 December 2023
McDonald's USA, LLC Proposed McDonald's Restaurant #004-5137
PLANNING AND DESIGN
153 E. City Place Dr. | Santa Ana | CA | 92705
Phone 714.892-3900 | Fax 714.892-3944
17970 Magnolia Street
Fountain Valley, CA 92708
4 December 2023
A5.4 EXHAUST SECTION SCALE: N.T.S.
EXHAUST SECTION
EXHAUST PLUME: 39' ABOVE GRADE
20' UP BLAST
UV-C SYSTEM HIGH-EFFICIENCY FILTER
Attachment #2
EXHIBIT 5
NOISE STUDY
Attachment #2
1/22/2024
HA N A H M L UEVA NO
C I V I L
17970 MAGNOLIA STREET
FOUNTAIN VALLEY, CA, 92708
1100 TOWN AND COUNTRY ROAD, SUITE 700
ORANGE, CA 92868
(714) 786-6338
Know what'sbelow. Callbefore you dig.
R McDonald's USA, LLC
17970 MAGNOLIA STREET
FOUNTAIN VALLEY, CA, 92708
1100 TOWN AND COUNTRY ROAD, SUITE 700
ORANGE, CA 92868
(714) 786-6338
Know what'sbelow. Callbefore you dig.
R McDonald's USA, LLC SHEET
1 OF 1
PRELIMINARY NOISE
EXHIBIT
NORTH
SCALE
NOISE EXHIBIT - WITH IMPLEMENTATION LEGEND:
OF CMU BLOCK WALL
1 PROPOSED CMU BLOCK WALL ELEVATIONS
Attachment #2
Attachment #2
McDonald's USA, LLC Proposed McDonald's Restaurant #004-5137
PLANNING AND DESIGN
153 E. City Place Dr. | Santa Ana | CA | 92705
Phone 714.892-3900 | Fax 714.892-3944
17970 Magnolia Street
Fountain Valley, CA 92708
8 August 2023
McDonald's USA, LLC Proposed McDonald's Restaurant #004-5137
PLANNING AND DESIGN
153 E. City Place Dr. | Santa Ana | CA | 92705
Phone 714.892-3900 | Fax 714.892-3944
17970 Magnolia Street
Fountain Valley, CA 92708
8 August 2023
ALLEY ELEVATION
FRONT ELEVATION
A2.2 TRASH ENCLOSURE ELEVATIONS SCALE: 3/8" = 1'-0"
SIDE ELEVATION REAR ELEVATION
SOUND WALL PLAN
Attachment #2
EXHIBIT 6 - PHOTOMETRIC STUDY
Attachment #2
Received by FV Planning Dept. 12/5/2023
Attachment #2
Exhibit 7 - Concerns and Mitigants
October 2023
Attachment #2
153 East City Place Dr. Santa Ana, CA 92705 | phone 714.892.3900 October 26, 2023
City of Fountain Valley
Community Development Department- Planning Division
10200 Slater Ave
RE: McDonald’s Precise Plan No. 576 & CUP No. 1925
Dear Staff,
With the goal of continuing to foster a positive relationship with our neighbors at Village Center, the project team held two community engagement meetings (8/30 and 9/13) on-site from 6PM to roughly 8:30PM. Invitations were sent via mail to nearby residents along Bay Street, Talbert Avenue., and La Grande Circle. Todd Huber, representing Village Center ownership, also reached out directly to Michele Rucker via email to have a second conduit to any neighbors who may have overlooked the mailed invitation.
Below are the concerns that were voiced by those who attended the community engagement meetings, as well as the project team’s feedback/proposed remediations for each concern.
General operational noise
o This is an active and existing commercial center, and commercial use is permitted under the existing zoning. As such, we will keep noise to standard acceptable commercial center volume.
o The shopping center is near an active intersection with consistent vehicle noise existing from Talbert and Magnolia that will far exceed any noise produced by this Project.
Drive-thru speaker noise
o Our speaker system is industry leading in volume control. It is a 3M product that has set decibel limits based on time of day and autoadjustment based on ambient noise around it. The auto-adjustment is managed through the 3M software and volume cannot be increased by the franchisee. Project team is willing to ensure speaker noise decreases between 8PM and 6AM.
o We are installing a new CMU sound wall (height ranges from 6’-2” to 8’- 2”) to further separate the drive-thru lane from the alley to further block any noise caused by the
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
o restaurant. This additional wall is in combination with the existing 6’ CMU wall at the residential property line.
o The distance from the drive-thru CMU wall to the nearest residential (17971 Bay St) back wall/windows is about 61’
Vehicle operator noise in drive-thru
o Please see the note above relating to the new CMU sound wall. Traffic impact of a new McDonald’s
o The continued goal within the currently zoned commercial center is the success of said commercial center. As it stands, the current commercial center sees many vehicle trips on a daily basis.
o A traffic/queue study is being provided. Based on preliminary data this will show that no new trips on the adjacent streets will be generated based on the addition of McDonald’s to this center. When taking into consideration the square footage of the existing building (9,479 SF) vs. the smaller footprint of the proposed McDonald’s (3,850 SF) that will take its place, the number of trips on the adjacent center is projected to decrease – this is dependent on data from the study.
Queuing affecting Talbert
o Traffic /queue study is being provided for review. Based on preliminary data, this study should show the drive-thru stacking capacity is more than sufficient for the design to not affect Talbert Ave or the alley between the residential properties and the McDonalds drive-thru. McDonald’s has an industry-leading drive-thru entrance-to-exit rate with vehicles in queue for significantly shorter periods (average of 180 seconds) than competitors.
o Any potential stacking in the rear loading alley and onto Talbert is prohibited by the current tenant leases and will be prohibited by the Landlord. Should there be a peak rush that would cause this condition to occur, temporary cones and staff direction will move the queue line to the west entrance and specifically away from Talbert. This will move any potential stacking into the shopping center (within the parcel) and away from Talbert and residences.
Food smell drifting into fence line backyards
o The roof exhaust equipment has upblast trajectory and smells are pushed upwards of 30’+ straight up into the air and into the McDonald’s interior building, in order to prevent any smells leaving the building footprint. o Filter media on the Type 1 hoods are industry leading to extract food smell particles from the exhausting air.
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
Light spill from building into fence line backyards
o Revised photometric study has been submitted to show light spill will not affect the residences. These are technical documents and show exact illumination details. As shown, light leakage is confined to the existing parcel.
View of roof mechanical equipment
o The parapets on the building are extended high enough to fully screen all equipment. The goal being to mask all exterior viewing of roof equipment. This can be referenced on most McDonald’s locations today. View of building vs. existing building
o The existing building is over 3’ taller than highest point on the proposed building and the footprint is reduced in overall square footage by more than 5,600 SF (59% reduction). The proposed building size and layout will be far less imposing than the existing, by design.
Security
o McDonald’s installs security cameras throughout the site to provide security and alert any parties necessary if incidents occur. McDonald’s consistently and proudly collaborates with local public safety departments.
o As part of the Landlord’s 2022 redevelopment, new security cameras, lighting, and protocols were put in place for the balance of Village Center.
Security has not been an issue since current ownership took over, and McDonald’s will only further improve that.
Vagrancy
o Once McDonalds is open, and the orthodontist tenant occupies the remaining existing vacancy, Village Center will be a 100% occupied center with a tenant line-up that activates the space throughout the day. As proven out at many other centers, customer and tenant activity are by far the most effective deterrents of both crime and vagrancy. o The proposed development will activate the corner of the center which is most prone to vagrancy and nearest to residential.
Delivery truck and impact to alley traffic
o The delivery truck is onsite for only 30-45 minutes, roughly 2-3 times per week.
o The alley is for delivery traffic. McDonald’s will coordinate delivery schedules opposite of Sprouts so that alley traffic is effectively managed.
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
Delivery truck timing
o Delivery timing is flexible and can be set to specific, off-peak hours as requested by the City of Fountain Valley.
McDonald’s has a low-class customer and product
o McDonald’s is industry leading in investment into the brand, the image of the site and interiors, and food quality, thus not targeting low-class customers but rather providing a globally known product. Operators take pride in their stores and take customer feedback as an important indicator of success. Many franchisees own many stores within a specific local area.
o In order to allow for the addition of McDonalds, anchor tenants such as Sprouts had to both review and agree to the Project. Sprouts sees McDonald’s as an exemplary co-tenant, speaking to the quality of customers McDonald’s attracts.
McDonald’s attracts drunk/high people during late-night 24-hour operations o 24-hour operations pertain to the drive thru only, the lobby will close at an evening hour as determined by the individual franchisee. We can’t control who visits our restaurants, however, data shows that most latenight and early-morning visitors are working-class individuals stopping by for pre- or post-work meals. Additionally, McDonald’s does not fit into the category of other fast-food restaurants that currently require security guards to monitor and enforce their drive-thru lines.
McDonald’s does nothing to better the community
o McDonald’s operators are always local to the neighborhoods they operate in and serve many local boards, charities, etc. o Local stores directly donate funds to Ronald McDonald House Charities that directly serve people in need at children’s hospitals. o Tax revenue contributes to the cities in which a McDonald’s is built. o This location will likely create 40-80 new jobs to support local economic growth, professional development, and economic opportunity We look forward to continuing our legacy of friendly neighborhood service and success within the City of Fountain Valley.
Sincerely,
Robert Preece
Principal, Designua, Inc.
Attachment #2
Exhibit 8 - Sprouts Letter of
Support
Attachment #2
Attachment #2
EXHIBIT 9
FOUNTAIN VALLEY
CHAMBER OF COMMERCE
LETER OF SUPPORT
Attachment #2
FountainVallev
CHAMBER OF COMMERCE ,I
'l he 7 r'u,rlccl lbice ol lltt.tines,s ,\ince 1966
10055 Slater Ave. #250
Fountain Va lley, CA
www.fvchamber.com
r. 7 t4-962-3422
t. 714-962-2045
inf o@f vchamber.com
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
January 3l, 2024
Dear Mayor Grandis, Council Members, Planning Commissioners, and Staflf, We at the Fountain Valley Chamber of Commerce are dedicated to growth and work intentionally to build a sound economic base that benefits our entire community. Our mission is to promote business through active leadership in civic, cultural, legislative, and educational programs.
Today, we are here to voice our support ofa proposed McDonald's restaurant to be built at the Village Center on Magnolia and Talbert in this wonderlul City of Fountain Valley. This project was brought to us by our Chamber olCommerce Member, Paragon Commercial Group.
Paragon Commercial Group is a retail development firm who creates retail projects in local neighborhoods and communities. Paragon has already made investments into Village Center and has brought to us economically viable tenants like Sprouts Farmers Market and Dutch Bros. Coffee. McDonald's will be another successful addition into a once struggling and at-risk shopping center. Their proposed building will take the place of two currently zoned commercial tenant spaces.
The proposed McDonald's project has a modern design with a dual-lane drive-thru and state-of-the-art kitchen.
McDonald's is a high-value tenant and enhances economic value at a meaningful level when introduced into a community. They create jobs, provide tax revenue. and aim to serve all classes olcustomers. They also know that when their communities thrive, so does their business. McDonald's wants to build strong and inclusive connections to the residents that they serve.
We thank you, Mayor Grandis, Council Members, Planning Commission Chair Saad, Planning Commissioners, and City of Fountain Valley staff for your service. The Fountain Valley Chamber of Commerce strongly supports this McDonald's project and is eager for changes like those happening at Village Center to be seen, and felt, across the city.
Sincerely,
\^Vr..-.- t
Michael HohertT.'
Chairman ol th6Board
Cc: City of Fountain Valley Planning Department
.T
Attachment #2
THRU
10'-0" 12'-0"
19'-0" McDONALDS 4597 4,409 SF
8'-0"
YOU
THANK
22'-0"
15'-0"
14'-0"
10'-8" 8 DRIVE THRU DRIVE THRU DRIVE5'-0" 8 7 TW TW SIGN DI 25.1' 45.0' 16 17 15151516 16 (E) LOADING
26'-0" 19'-0" 13'-7" 12'-0" 6'-0" 11'-0" THRU DRIVE TALBERT AVENUE PLANNING AND DESIGN 153 E. City Place Dr. | Santa Ana | CA | 92705 Phone 714.892-3900 | Fax 714.892-3944
McDonald's 004-5137(NSN#195500) SITE CONCEPT PLAN
NORTH
17970 Magnolia St, Fountain Valley, CA 92708
Attachment #2 Page 313
Received by FV Planning Dept. 12/5/2023 Page 141
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Received by FV Planning Dept. 12/5/2023 Page 147
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Attachment #2
Received by FV Planning Dept. 12/5/2023 Page 153
Attachment #2
DATE: October 31, 2023
TO: Robert Preece, DesignUA, Inc.
FROM: Jose Alire/Robert Vu, Urban Crossroads
JOB NO: 15434-04 Drive-Thru Evaluation
MCDONALD’S – FOUNTAIN VALLEY DRIVE-THRU EVALUATION
Urban Crossroads, Inc. is pleased to submit the following Drive-Thru Evaluation for the proposed McDonald’s – Fountain Valley development (referred to as “Project”).
The Project is located at 17970 Magnolia Street in the City of Fountain Valley, as shown on Exhibit A. This Drive-Thru Evaluation is intended to determine if the proposed circulation plan provides adequate on-site drive-thru storage capacity to meet the City of Fountain Valley’s drive-thru requirements.
EXHIBIT A: LOCATION MAP
Attachment #2
INTRODUCTION
The Project is proposing to demolish an existing vacant building and develop a 4,010 square foot (sf) drive-thru restaurant with a side-by-side drive-thru, as shown on Exhibit B.
EXHIBIT B: PROPOSED SITE PLAN
The proposed building will implement many of the current McDonald’s restaurant design improvements. McDonald’s restaurants are designed to optimize operations, drive-thru lane configurations, parking, and on-site circulation. McDonald’s understands that the drive-thru wait time directly impacts the customer experience and sales. To reduce the vehicle drive-thru wait time, McDonald’s has developed equipment and procedures to improve cook times and crew efficiency. These improvements include dual order boards (or a Side-By-Side drive-thru) that enables customers to place orders earlier. The Side-By-Side drive-thru allows two cars to stack next to each other. This allows the kitchen more cook time to prepare the food to have it ready by the time the customer gets to the pickup window. For a Side-By-Side drive-thru, approximately 180 seconds would elapse from the time the customer completes the order to the time the customer picks up the order from the window. Overall, the Side-By-Side drive-thru decreases total wait time and total stacking lengths during peak demands. Recognizing the benefits of the dual order boards, nearly all rebuilds, and newly constructed McDonald’s restaurants employ this more efficient design configuration.
3 8 5
Attachment #2
VEHICLE CIRCULATION
Vehicle turning templates have been overlaid on the site plan to verify that vehicles will have sufficient space to execute turning maneuvers (see Attachment A). A Ford F-150 vehicle have been overlaid onto the preliminary site plan to demonstrate the inbound and outbound turning maneuvers. As shown on Attachment A, the site plan can support vehicles circulating into the site from Talbert Avenue and the shopping center. Additionally, the site plan can support vehicles circulating out of the site onto Talbert Avenue and the shopping center.
DRIVE-THRU LANE
The proposed McDonald’s – Fountain Valley Circulation plan prepared on November 3, 2021 by DesignUA, Inc., as shown on Exhibit B, indicates that the drive-thru lane will provide storage capacity for approximately 10 vehicles.
It should be noted that approximately 20 to 25 feet per vehicle is an industry standard used to estimate the length needed for a queued vehicle. However, since the drive-thru operations involve relatively low speeds, a slightly shorter distance between vehicles is often observed. This can result in allowing more vehicles to queue in a given length. While a reduced queue length is appropriate, this analysis relies on a more conservative vehicle length of 25 feet per queued vehicle.
DRIVE-THRU REQUIREMENTS
To demonstrate that adequate space exists within the drive-thru, this queuing assessment provides a review of the City of Fountain Valley Municipal Code queuing requirements. Section
21.30.030 of the City of Fountain Valley Municipal Code describes the drive-thru facilities requirements and are listed below:
• Drive-Through Windows. For each use that provides drive-through window service to occupants of vehicles, there shall be a queuing lane of not less than one hundred fifty feet in length and twelve feet in width. The queuing lane shall not block any parking space or any portion of a traffic lane. • Drive-through access aisles shall provide sufficient space before the menu board to accommodate at least four waiting vehicles.
As shown on Attachment B, there is an estimated 173’ for the inner queuing lane and an estimated 189’ for the outer queuing lane. These lanes would meet the minimum 150’ requirement. The side-by-side drive-thru lane provides sufficient space behind the menu board for at least 4 vehicles (see Exhibit B).
REFERENCE DRIVE-THRU LANE DATA COLLECTION
To evaluate the proposed dual drive-thru order board configuration, Urban Crossroads, Inc. collected drive-thru queuing data at two reference McDonald’s restaurant locations in August 2022. An additional two McDonald’s restaurant locations in Fountain Valley were surveyed in October 2023 at the request of City staff. The four reference queuing surveys shown on Table 1 were collected at similar McDonald’s locations with similar facilities. Table 1 presents the existing
Attachment #2
weekday drive-thru queuing data for the breakfast and lunch conditions. The reference queuing data includes a count of each vehicle entering the drive-thru lane during peak breakfast and lunch activity. In addition, the counts describe the total number of vehicles queued in the drive-thru lane at any time. This includes vehicles queued at the pickup window, cashier window, and order board.
TABLE 1: REFERENCE DRIVE-THRU QUEUEING DATA SUMMARY
Location
Average Vehicle Queue Peak Vehicle Queue
AM
(7am-9am)
MD
(11am-1pm)
AM
(7am-9am)
MD
(11am-1pm)
Brea1 7 8 11 12
South Gate2 11 5 13 10
Fountain Valley3 6 7 10 15
Fountain Valley4 3 3 8 7
1 Based on counts collected at the McDonald's located at 825 Imperial Highway on Thursday, August 18, 2022 (Appendix C). 2 Based on counts collected at the McDonald's located at 3309 Tweedy Boulevard on Thursday, August 18, 2022 (Appendix D). 3 Based on counts collected at the McDonald's located at 18962 Brookhurst Street on Tuesday, October 17, 2023 (Appendix E). 4 Based on counts collected at the McDonald's located at 11321 Talbert Avenue on Tuesday, October 17, 2023 (Appendix F).
Table 1 shows that the peak observed vehicle queue lengths in the drive-thru lane ranged from 7 to 15 vehicles. The average vehicle queue at the four reference McDonald’s locations ranged from 3 to 11 vehicles, or approximately 6 vehicles. The maximum number of total vehicles observed in the drive-thru never exceeded 15 vehicles at any of the four reference locations.
DRIVE-THRU QUEUING ANALYSIS
Since the proposed McDonald’s – Fountain Valley Circulation Plan provides a drive-thru storage capacity of 10 vehicles, the proposed drive-thru lane will accommodate the reference average queue length of approximately 8 vehicles. At no time does the existing or reference peak queue exceed a maximum of 15 vehicles.
The site plan provides adequate drive-thru storage capacity to serve the average queue length of approximately 8 vehicles within the drive-thru lane. During peak drive-thru demands, the site plan can accommodate a total of 10 vehicles within the drive-thru, suggesting an overflow of onsite drive-thru lane capacity approaching 5 vehicles under peak conditions. It is recommended that mitigation measures are to be provided to prevent vehicles from encroaching onto the public right-of-way.
Attachment #2
MITIGATION MEASURES
In order to manage the peak queues, the proposed Project should utilize employees to direct excess queues and reduce the empty space between the vehicles. The queuing analysis relies on a more conservative vehicle length of 25 feet per queued vehicle. An employee can reduce that length and provide additional stacking area. Additionally, the Project can implement face-to-face ordering and have employees take the orders in-person. This would also quicken ordering under peak conditions and reduce the amount of wait time between ordering and pick up. Temporary traffic cones should be deployed on-site to prevent potential overflow of the drive-thru queuing onto the easterly driveway (see Exhibit C). Potential excess queues can be contained on-site without spilling onto the public right-of-way.
EXHIBIT C: TEMPORARY TRAFFIC CONES
Attachment #2
CONCLUSIONS
The Project is proposing to demolish an existing vacant building and develop a 4,010 SF drivethru restaurant with a side-by-side drive-thru, located at 17970 Magnolia Street in the City of Fountain Valley. Our evaluation indicates that the proposed drive-thru lane will provide sufficient capacity to meet the City of Fountain Valley Municipal Code requirements.
Our evaluation also indicates that the proposed drive-thru lane will provide sufficient capacity to accommodate average vehicle demands for the proposed McDonald’s – Fountain Valley. The McDonald’s – Fountain Valley drive-thru analysis suggests that the Project provides stacking accommodations for approximately 10 vehicles. Our review also suggests that the drive-thru storage may experience an overflow of drive-thru capacity approaching 5 vehicles during peak conditions. Potential excess peak queues can be accommodated on-site without spilling onto Talbert Avenue. Under peak conditions, the Project should have employees direct vehicles, implement face-to-face ordering to reduce queue lengths, and/or deploy temporary traffic cones on-site to direct vehicles to queue away from the easterly driveway.
If you have any questions or comments, I can be reached at [email protected].
Respectfully submitted,
URBAN CROSSROADS, INC.
Jose Alire, P.E. Robert Vu, P.E.
Senior Traffic Engineer Transportation Engineer
Attachment #2
ATTACHMENT A: VEHICLE TURNING TEMPLATES
Attachment #2
0 10 20 40 60 80 SCALE: 1" = 20' (ON 24" x 36" SHEET) EXHIBIT A: TALBERT AVENUE AT PROJECT DRIVEWAYS TRUCK TURNING TEMPLATE URBAN CROSSROADS TELEPHONE # 949-660-1994 WWW.URBANXROADS.COM TALBERT AVE
THIRD ST
DWY 1
DWY 2 INBOUND FORD F-150 TRUCK Page 161
Attachment #2 Page 334
0 10 20 40 60 80 SCALE: 1" = 20' (ON 24" x 36" SHEET) EXHIBIT B: TALBERT AVENUE AT PROJECT DRIVEWAYS TRUCK TURNING TEMPLATE URBAN CROSSROADS TELEPHONE # 949-660-1994 WWW.URBANXROADS.COM TALBERT AVE
THIRD ST
DWY 1
DWY 2 OUTBOUND FORD F-150 TRUCK Page 162
Attachment #2 Page 335
ATTACHMENT B: QUEUING LANE DISTANCES
Attachment #2
0 10 20 40 60 80 SCALE: 1" = 20' (ON 24" x 36" SHEET) EXHIBIT C: TALBERT AVENUE AT PROJECT DRIVEWAYS STACKING DISTANCE URBAN CROSSROADS TELEPHONE # 949-660-1994 WWW.URBANXROADS.COM TALBERT AVE
THIRD ST
DWY 1
DWY 2
145'
161' 28' Page 164
Attachment #2 Page 337
APPENDIX C: REFERENCE SURVEY (825 IMPERIAL HIGHWAY,
BREA)
Attachment #2
LOCATION: McDonalds, 825 Imperial Hwy DAY: Thursday
CITY: Brea DATE: 8/18/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street
TOTAL
7:00 5 3 0 8
7:05 4 3 0 7
7:10 2 2 0 4
7:15 2 2 0 4
7:20 2 2 0 4
7:25 5 5 0 10
7:30 6 5 0 11
7:35 4 5 0 9
7:40 3 3 0 6
7:45 4 4 0 8
7:50 1 1 0 2
7:55 1 1 0 2
8:00 3 3 0 6
8:05 5 3 0 8
8:10 5 3 0 8
8:15 5 5 0 10
8:20 5 5 0 10
8:25 5 3 0 8
8:30 3 3 0 6
8:35 2 2 0 4
8:40 4 3 0 7
8:45 4 3 0 7
8:50 3 2 0 5
8:55 3 2 0 5
9:00 4 3 0 7
DRIVE THRU SURVEY
Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 951‐268‐6268
Attachment #2
LOCATION: McDonalds, 825 Imperial Hwy DAY: Thursday
CITY: Brea DATE: 8/18/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street
TOTAL
11:00 4 4 0 8
11:05 2 4 0 6
11:10 3 3 0 6
11:15 4 3 0 7
11:20 3 3 0 6
11:25 2 2 0 4
11:30 3 4 0 7
11:35 3 4 0 7
11:40 4 3 0 7
11:45 3 4 0 7
11:50 4 4 0 8
11:55 5 5 0 10
12:00 5 4 0 9
12:05 4 6 0 10
12:10 5 3 0 8
12:15 4 3 0 7
12:20 5 4 0 9
12:25 5 6 0 11
12:30 5 6 0 11
12:35 5 4 0 9
12:40 6 6 0 12
12:45 5 5 0 10
12:50 4 4 0 8
12:55 3 6 0 9
13:00 6 0 6
DRIVE THRU SURVEY
Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 951‐268‐6268
Attachment #2
APPENDIX D: REFERENCE SURVEY (3309 TWEEDY BOULEVARD,
SOUTH GATE)
Attachment #2
LOCATION: McDonalds, 3309 Tweedy Blvd DAY: Thursday
CITY: South Gate DATE: 8/18/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street
TOTAL
7:00 5 6 1 12
7:05 5 3 0 8
7:10 5 4 1 10
7:15 3 6 2 11
7:20 4 6 3 13
7:25 1 6 1 8
7:30 4 6 1 11
7:35 3 6 2 11
7:40 3 6 2 11
7:45 4 6 2 12
7:50 3 6 3 12
7:55 3 6 3 12
8:00 3 6 2 11
8:05 2 6 2 10
8:10 2 6 3 11
8:15 4 6 2 12
8:20 3 6 3 12
8:25 4 6 2 12
8:30 3 6 1 10
8:35 3 6 2 11
8:40 2 6 1 9
8:45 3 6 2 11
8:50 3 6 2 11
8:55 2 5 3 10
9:00 3 6 3 12
DRIVE THRU SURVEY
Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 951‐268‐6268
Attachment #2
LOCATION: McDonalds, 3309 Tweedy Blvd DAY: Thursday
CITY: South Gate DATE: 8/18/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street
TOTAL
11:00 4 1 0 5
11:05 3 1 0 4
11:10 1 2 0 3
11:15 4 2 0 6
11:20 2 3 0 5
11:25 4 4 0 8
11:30 5 5 0 10
11:35 2 5 1 8
11:40 1 4 0 5
11:45 2 3 0 5
11:50 3 2 0 5
11:55 3 1 0 4
12:00 1 2 0 3
12:05 3 3 0 6
12:10 1 2 0 3
12:15 1 2 0 3
12:20 1 4 0 5
12:25 2 4 0 6
12:30 2 5 1 8
12:35 4 4 1 9
12:40 0 2 0 2
12:45 2 2 0 4
12:50 1 3 0 4
12:55 4 3 0 7
13:00 2 6 0 8
DRIVE THRU SURVEY
Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 951‐268‐6268
Attachment #2
APPENDIX E: REFERENCE SURVEY (18962 BROOKHURST STREET,
FOUNTAIN VALLEY)
Attachment #2
LOCATION: McDonalds, 18962 Brookhurst St DAY: Tuesday
CITY: Fountain Valley DATE: 10/17/2023
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
Overflow into Parking Lot
TOTAL
7:00 2 1 0 3
7:05 2 1 0 3
7:10 6 1 0 7
7:15 5 0 0 5
7:20 4 2 0 6
7:25 5 5 0 10
7:30 5 4 0 9
7:35 6 2 0 8
7:40 5 3 0 8
7:45 4 1 0 5
7:50 1 1 0 2
7:55 5 2 0 7
8:00 4 1 0 5
8:05 5 3 0 8
8:10 2 1 0 3
8:15 3 0 0 3
8:20 2 2 0 4
8:25 5 2 0 7
8:30 3 3 0 6
8:35 4 2 0 6
8:40 3 4 0 7
8:45 2 1 0 3
8:50 4 1 0 5
8:55 5 1 0 6
9:00 4 2 0 6
DRIVE THRU SURVEY
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 172
Attachment #2
LOCATION: McDonalds, 18962 Brookhurst St DAY: Tuesday
CITY: Fountain Valley DATE: 10/17/2023
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
Overflow into Parking Lot
TOTAL
11:00 2 2 0 4
11:05 2 2 0 4
11:10 3 2 0 5
11:15 4 0 0 4
11:20 2 0 0 2
11:25 2 1 0 3
11:30 4 2 0 6
11:35 4 1 0 5
11:40 0 0 0 0
11:45 4 3 0 7
11:50 3 1 0 4
11:55 4 1 0 5
12:00 5 6 0 11
12:05 5 6 0 11
12:10 5 7 1 13
12:15 3 6 1 10
12:20 4 6 0 10
12:25 5 8 0 13
12:30 5 7 3 15
12:35 6 7 1 14
12:40 3 5 0 8
12:45 6 2 0 8
12:50 4 0 0 4
12:55 4 2 0 6
13:00 4 1 0 5
DRIVE THRU SURVEY
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 173
Attachment #2
APPENDIX F: REFERENCE SURVEY (11321 TALBERT AVENUE,
FOUNTAIN VALLEY)
Attachment #2
LOCATION: McDonalds, 11321 Talbert Ave DAY: Tuesday
CITY: Fountain Valley DATE: 10/17/2023
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
Overflow into Parking Lot
TOTAL
7:00 1 0 0 1
7:05 1 2 0 3
7:10 2 2 0 4
7:15 1 2 0 3
7:20 1 0 0 1
7:25 0 1 0 1
7:30 2 3 0 5
7:35 0 1 0 1
7:40 0 1 0 1
7:45 1 1 0 2
7:50 1 1 0 2
7:55 2 2 0 4
8:00 3 0 0 3
8:05 2 1 0 3
8:10 1 3 0 4
8:15 2 3 0 5
8:20 3 2 0 5
8:25 3 5 0 8
8:30 3 2 0 5
8:35 3 4 0 7
8:40 3 5 0 8
8:45 3 0 0 3
8:50 1 0 0 1
8:55 1 1 0 2
9:00 0 0 0 0
DRIVE THRU SURVEY
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 175
Attachment #2
LOCATION: McDonalds, 11321 Talbert Ave DAY: Tuesday
CITY: Fountain Valley DATE: 10/17/2023
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
Overflow into Parking Lot
TOTAL
11:00 1 1 0 2
11:05 0 1 0 1
11:10 1 2 0 3
11:15 5 2 0 7
11:20 2 0 0 2
11:25 3 0 0 3
11:30 3 0 0 3
11:35 1 2 0 3
11:40 0 1 0 1
11:45 1 0 0 1
11:50 0 2 0 2
11:55 1 0 0 1
12:00 1 0 0 1
12:05 2 4 0 6
12:10 3 4 0 7
12:15 1 4 0 5
12:20 2 2 0 4
12:25 3 1 0 4
12:30 2 3 0 5
12:35 1 4 0 5
12:40 3 2 0 5
12:45 1 2 0 3
12:50 2 2 0 4
12:55 1 1 0 2
13:00 2 2 0 4
DRIVE THRU SURVEY
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 176
Attachment #2
RESOLUTION NO. 23-32
A RESOLUTION OF THE FOUNTAIN VALLEY PLANNING COMMISSION
APPROVING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVING PRECISE PLAN NO. 576 TO CONSTRUCT A 3,850
SQUARE FOOT BUILDING AND CONDITIONAL USE PERMIT NO. 1925
FOR A DOUBLE DRIVE-THROUGH FACILITY LOCATED IN THE
VILLAGE CENTER SHOPPING CENTER AT THE NORTHEAST CORNER
OF MAGNOLIA STREET AND TALBERT AVENUE
WHEREAS, an application for Precise Plan No. 576 and Conditional Use Permit No. 1925 was submitted by UA Design, in accordance with Municipal Code, Title 21; and WHEREAS, the Fountain Valley Planning Commission considered said application at its noticed public hearing on December 13, 2023; and WHEREAS, testimony was received from the public regarding the proposed Project; and
WHEREAS, the Planning Commission continued the Project to a date specific to allow the applicant to address concerns raised by the residents; and WHEREAS, the Planning Commission considered the Project at its noticed public hearing on February 14, 2024; and
WHEREAS, the Planning Commission has imposed conditions, pursuant to the Precise Plan and Conditional Use Permit process, to ensure that the design and general appearance of the proposed project is in compliance with the purpose of the Municipal Code, Title 21; and
WHEREAS, the Planning Commission has determined that the proposed Precise Plan and Conditional Use Permit is consistent with the Fountain Valley General Plan.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1
The Planning Commission finds that due notice of the public hearings in the Council Chambers, City Hall, 10200 Slater Avenue, was given as required by the Fountain Valley Municipal Code (FVMC), Title 21, and the Statutes of the State of California.
SECTION 2
Findings and Supporting Facts: The Planning Commission finds that the subject application meets the criteria of a Precise Plan Permit found in Chapter 21.44 of the FVMC as follows:
Attachment #2
Resolution No. 23-32
1. The design and layout of the proposed development would:
a. Be consistent with the actions, goals, objectives, and policies of the general plan, any applicable specific plan, and the development and design standards/guidelines of the C1 zoning district.
The proposed drive-through facility meets General Plan Goal 2.8, which is to provide for well-designed commercial and industrial development. Staff has worked with the applicant to provide a project design that is compatible with the existing shopping center in terms of architectural design of the building and the layout of the drive-through.
Chapter 21.30.030 – Drive-through facilities requires drive-through que lanes to be a minimum of 150 feet in length and designed to provide space before the menu board to accommodate at least four (4) waiting vehicles. The proposed design meets the minimum depth requirement for the queue lane and can accommodate six (6) vehicles at two (2) menu boards, where one (1) car is at the ordering speaker and two (2) vehicles are waiting. The design of drivethrough que will accommodate a total of ten (10) vehicles. b. Not interfere with the use and enjoyment of neighboring, existing or future developments, and would not create traffic or pedestrian hazards.
The proposed project will not interfere with the use and enjoyment of the neighboring developments and would not create traffic or pedestrian hazards.
The project proposes to construct a 3,850 square foot building with a double drive-through. The proposed drive-through design will provide a queuing capacity of ten (10) vehicles in the drive-aisle. Should the que exceed ten (10) vehicles, vehicles can back-up in the parking lot on the south side of the building. A “pork chop” has been designed at the easterly side of the parking lot restricting vehicle circulation to prevent vehicles from entering the drivethrough aisle from the easterly driveway off Talbert Avenue, which is closest to the drive-through entrance, and where a stacking issue could occur. This design will force vehicles to use the driveway farther west down Talbert Avenue., and will enter the drive-through by passing through the parking lot in front of the McDonald’s building. This will allow vehicle stacking to back up in the parking lot in front of McDonald’s, and not on to Talbert Avenue. c. Provide a desirable environment for its occupants and visiting public as well as its neighbors through good/proper aesthetic use of materials, texture and color, and would remain aesthetically appealing and retain an appropriate level of maintenance.
The proposed project will maintain and enhance high quality development throughout the city by encouraging variety, quality, consistency, and innovation in land use practice and promoting quality commercial development. The proposed project will also improve architectural quality of development within
Attachment #2
Resolution No. 23-32
Fountain Valley by promoting commercial development, which achieves harmony without monotony in the built environment and, by encouraging planning and design, which is people oriented, sensitive to the needs of visitors and residents and functionally efficient for its purpose. Lastly, the proposed architecture of the project will be fully finished on all elevations of the project and will be consistent with the approved upgrades to the rest of the shopping center and the recently approved Dutch Bros Coffee establishment.
2. The architectural design of the proposed structure(s) would be compatible with the character of the surrounding neighborhood and would maintain and enhance the attractive, harmonious, and orderly development contemplated by the actions, goals, objectives, and policies of the general plan, any applicable specific plan, and this chapter.
The architectural design of the proposed project, including all colors, materials, and design elements, will complement the recently remodeled shopping center.
The building’s primary exterior walls will be stucco with attractive vertical aluminum elements, and a stone veneer at the base that will match Sprouts, Dutch Bros, and the entire shopping center. This will provide for an attractive, harmonious, and orderly development contemplated by the actions, goals, objectives, and policies of the general plan and the zoning code.
3. The proposed development would not:
a. Be detrimental to the public convenience, health, interest, safety, or welfare, or materially injurious to the properties or improvements in the immediate vicinity.
The proposed project will not be detrimental to the public convenience, health, interest, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity. Conditions of approval have been included in Exhibit A of this resolution to improve the overall appearance of the shopping center and prevent negative impacts from the drive-through, and therefore improve the health, interest, safety, and welfare of the center and properties in the immediate vicinity. Noise impacts from the drive-through should be significantly decreased with the construction of a wall along the drivethrough entrance where the ordering speaker is located. This screen wall will range in height with 6-foot and 8-foot tall sections along the service alley for a total of 74 feet – parallel to the 6-foot tall block wall at the property line shared with the single-family homes to the east.
b. Substantially depreciate property values in the immediate vicinity or interfere with the use or enjoyment of property in the surrounding neighborhood, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding neighborhood.
The project includes the construction of a restaurant with a drive-through for a nationally recognized fast-food chain restaurant. The project should not reduce property values in the immediate vicinity should not restrict or interfere with the
Attachment #2
Resolution No. 23-32
use or enjoyment of property in the surrounding neighborhood, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding neighborhood.
4. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s Environmental Review Procedures.
The proposed project has been reviewed in compliance with the provision of the CEQA and the City’s Environmental Review Procedures as noted below in Section 4.
SECTION 3
Findings and Supporting Facts: - The Planning Commission finds that the subject application meets the criteria for a Conditional Use Permit found in Chapter 21.36 of the Fountain Valley Municipal Code as follows:
1. The proposed use is allowed within the C1 zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code.
The proposed restaurant with a double drive-through is an allowed use in the C1 zoning district subject to the Planning Commission’s approval of a Conditional Use Permit. Drive-through facilities are subject to their own codified requirements in FVMC 21.30.030 – Drive-Through Facilities.
2. The proposed use is consistent with the actions, goals, objectives, and policies of the General Plan and any applicable specific plan.
The proposed drive-through facility meets General Plan Goal 2.8, which is to provide for well-designed commercial and industrial development. Staff has worked with the applicant to provide a project design that is compatible with the existing shopping center in terms of architectural design of the building and the drive-through and site layout.
The project also meets General Plan Goal 2.12, which is to enhance the city’s economic base and business environment by assisting in the improvement and intensification of existing commercial development. The proposed facility will help intensify the Village Center shopping center and bring in more customers thus improving the city’s economic base. This use does not fall within any Specific Plans in the City of Fountain Valley.
3. The design, location, shape, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.
The design, location, shape, size, and operating characteristics of the proposed drive-through facility are compatible with the existing and future land uses in the
Attachment #2
Resolution No. 23-32
within the Village Center shopping center. The proposed facility has been adequately designed to be incorporated within the boundaries of the property and utilizes the existing driveways along Talbert Avenue. The proposed “pork chop” at the easterly drive aisle will prevent any excess vehicle stacking with vehicles entering the drive-through off Talbert through the easterly driveway. Any vehicle backup in the drive-through will be maintained on the shopping center property and not affect the public right-of-way.
4. The subject site is physically suitable for the type and density/intensity of use being proposed including the provision of public access (e.g., width and pavement type), facilities, and utilities (e.g., drainage, fire protection, sewers, water), shape, size, the absence of physical constraints, and compatibility with adjoining land uses.
The subject site is physically suitable for the type and intensity of drive-through facility. The existing 6,279 sq. ft. building will be demolished and a new 3,850 sq. ft. building is proposed in its place. The project has been designed to comply with public access, facilities, and utility requirements and is compatible with adjoining land uses. Sufficient vehicular and pedestrian access is provided from Talbert Avenue and from the shopping center.
5. Granting the Conditional Use Permit would not be detrimental to the public convenience, health, interest, safety, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
The proposed drive-through facility will be located in the recently remodeled shopping center to accommodate a Sprouts Farmers Market. The Planning Commission recently approved a Dutch Bros Coffee establishment with a double drive-through in March of 2023. Staff has included conditions of approval in Exhibit A to prevent the operations from negatively affecting persons, property, or improvements in the shopping center and the vicinity. Noise impacts from the drive-through should be significantly decreased with the construction of a wall along the drive-through entrance where the ordering speaker is located. This screen wall will range in height with 6-foot and 8-foot tall sections along the service alley for a total of 74 feet – parallel to the 6-foot tall block wall at the property line shared with the single-family homes to the east.
6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s Environmental Review Procedures.
The proposed project has been reviewed in compliance with CEQA and is categorically exempt per Section 4 below.
7. By signing this Resolution, the applicant has demonstrated his/her understanding of the conditions imposed in the Conditional Use Permit (attached as Exhibit 1 herein) granted to him/her and has agreed on the record to abide by those conditions.
Attachment #2
Resolution No. 23-32
SECTION 4
The Planning Commission finds that the proposed project can be determined categorically exempt pursuant to Class 3 (Section 15303 – New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.
Class 3 consist of construction of new structures including a restaurant not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed building and use does not include a significant amount of hazardous substances, al public services and facilities are available to the site, and the surrounding area is not environmentally sensitive.
SECTION 5
The Planning Commission hereby approves Precise Plan No. 576 to construct a 3,850 square foot building and Conditional Use Permit No.1925 for a new restaurant with a double drive-through located at the northeast corner of Magnolia Street and Talbert Avenue in the Village Center shopping center.
PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF FEBRUARY, 2024 ______________________________ ______________________________ Chairman Secretary
BY SIGNING THIS PERMIT, THE PERMITTEE ACKNOWLEDGES ALL OF THE
CONDITIONS IMPOSED AND ACCEPTS THIS PERMIT SUBJECT TO THOSE
CONDITIONS AND WITH THE FULL AWARENESS OF THE PROVISIONS OF CHAPTER 21.44 AND CHAPTER 21.36 OF THE FOUNTAIN VALLEY MUNICIPAL CODE.
BY SIGNING THIS RESOLUTION, THE APPLICANT ACKNOWLEDGES
ACCEPTANCE OF THE BENEFITS OF THE PRECISE PLAN AND CONDITIONAL USE
PERMIT AND AGREES TO WAIVE ANY RIGHT TO LATER CHALLENGE ANY CONDITION(S) IMPOSED AS UNFAIR, UNNECESSARY, OR UNREASONABLE. / __
Date Applicant Sign/Print
Attachment #2
EXHIBIT A
CONDITIONS OF APPROVAL
Precise Plan 576
Conditional Use Permit 1925
McDonald’s
Village Center Shopping Center
NE Corner Magnolia Street & Talbert Avenue
Fountain Valley, CA
The following Conditions of Approval [COA] apply to this project. The COA’s are specific conditions applicable to the proposed project. The property owner is responsible for the fulfillment of all conditions and standard development requirements, unless specifically stated otherwise.
In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, permittee expressly accepts and agrees to comply with the following Conditions of Approval of this Permit:
Planning Department Conditions:
1. The floor plan, and elevation plans dated December 5, 2023 (attached as Attachment #5 to the staff report for the Project) have been reviewed and approved by the Planning Commission on February 14, 2024.
2. The site plan dated February 5, 2024 in Attachment #3 shall be approved in part, with a requirement from the Public Works Department to modify the landscape planter and decrease the width of the exit from the parking area to the service alley, creating an exit only as detailed in Condition No. 81 and No. 82.
3. The number of persons shall not exceed the maximum occupancy load as determined by the Fire Department. If required by the Fire Department, signs indicating the occupant load shall be posted in a conspicuous place near the main entrance and must be posted prior to final inspection and prior to issuance of a certificate of occupancy for the business.
4. Signs for this facility shall comply with the Sign Program for the Village Center Shopping Center.
5. Any wall signage facing residential to the east shall not be illuminated after dusk.
A timer shall be installed and utilized to regulate the sign lighting similar to parking lot lighting.
6. Directional signage shall be installed to facilitate vehicle circulation for the project subject to review and approval by the Community Development Director.
Directional signs shall be included in the applicant’s plan check submittal to the Building Department and shall be installed prior to issuance of certificate of occupancy of the Project. Additional directional signage may be required after
Attachment #2
PP 576 & CUP 1925
business opening by the Community Development Director and/or Public Works Director/City Engineer.
7. The windows of the business shall be free of any obstruction, tinting, or painting, except for window signage as permitted by the Fountain Valley Sign Code.
8. The approved hours of operation shall be from 5:30 a.m. to 11:00 p.m., seven (7) days per week for the restaurant and drive-through. Hours of delivery shall be restricted to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, 9:00 a.m. to 8:00 p.m. on Saturday, and no time on Sunday or legal holiday. Based on substantiated noise complaints, the Community Development Director may further limit hours of operation.
9. There shall be no trash dumping from the facility between the hours of 10:00 p.m. and 7:00 a.m., seven (7) days a week.
10. Truck delivery material and goods shall not be stored outside of the building and shall be moved to the inside of the building expeditiously upon delivery.
11. Operation of the drive-through shall not result in stacking of vehicles in such a manner that would result in obstruction to any access aisle or parking spaces for other tenants in the shopping center, the main drive aisles for the shopping center, or public streets. If the drive-through operation affects traffic for other tenants, the service alley on the east side, access to parking spaces for the subject business, or the public street along Talbert Avenue, design alternatives to remedy the issue, such as modifying the parking lot, mobile order takers, or other alternatives, shall be presented to the City for review and approval by the Community Development Director.
12. A decorative block wall shall be constructed along the easterly side of the project site drive through, parallel and adjacent to the service alley, adjacent to the residential properties to the east. The wall, as depicted on the plans in attachment #3 to the Staff Report, ranges from a height of 4 ft., 6 ft., and 8 ft. in sections to prevent excessive sound from traveling to the east. The wall shall be painted to match the adjacent building.
13. The drive-through speaker volume shall comply with the City’s noise ordinance, Ch. 6.28. Noise measured at the property line adjacent to residential shall not exceed the noise standards in Section 6.28.050. The speaker shall be equipped with the capability of adjusting the volume to maintain compliance with lower operating sound levels allowed by the noise ordinance during the evening hours.
The speakers capability to adjust the volume shall be verified during the plan check review process and once installed shall be verified prior to certificate of occupancy.
Based on substantiated complaints regarding the sound levels emanating from the drive-through speakers, the Community Development Director may require a noise study to be paid for by the business or property owner.
Attachment #2
PP 576 & CUP 1925
14. The operator is responsible for ensuring that their customers, while in the drive through lanes, do not create excessive or undue noise that would be inconsistent with the City’s noise standards. Signage shall be installed along the drive-through aisle indicating that no outdoor amplified music shall be permitted from customer radios. Signage shall be subject to the review and approval of the Community Development Director and shall be installed prior to any permit finals.
15. To prevent scavenging, illegal dumping, and to contribute to the general cleanliness of the shopping center, the Project shall install a new trash enclosure containment area with a screened and securable gate compliant with FVMC
21.18.100 and Rainbow Environmental/Republic Services specifications. In addition, exterior signage shall be provided outside of the trash enclosure prohibiting the scavenging of any material from the trash dumpster. Any refuse containment area and signage shall be included in the applicant’s plan check submittal to the Building Department and shall be installed prior to issuance of certificate of occupancy of the Project.
16. The applicant shall install signage near the trash dumpster prohibiting trash dumping during the hours of 10:00 p.m. – 7:00 a.m. compliant with FVMC
6.28.050. Said signage shall be installed prior to certificate of occupancy of the building.
17. The colors, materials and facades of the building, trash enclosure, and screen wall shall be as approved by the Planning Commission. No changes to the colors or materials shall occur without approval by the Community Development Director.
Changes that the Community Development Director deems to vary significantly from the originally approved design shall be forwarded to the Planning Commission for its review and determination.
18. All vents, gutters, downspouts, electrical conduits, etc. shall be internal to the building and not visible from the exterior elevations. Flashings shall be painted to match the color of the adjacent surface.
19. All on-site lighting shall conform to FVMC 21.18.060 and shall be shielded from adjacent property view. After exterior lighting is installed and prior to Certificate of Occupancy, a new photometric study shall be conducted to verify consistency with the plans dated 10/4/2023 from Attachment #5. If needed, light shielding may be installed to prevent light spillage onto adjacent properties. No additional exterior lighting is to be added unless a photometric study concludes the added lighting will have zero lighting shed impact on adjacent properties.
20. The applicant shall provide signing on the trash enclosure prohibiting the salvage of any material from the trash dumpsters. Signage shall be subject to review and approval by the Community Development Director, shall be included in the applicant’s plan check submittal to the Building Department, and shall be installed prior to certificate of occupancy of the business.
Attachment #2
PP 576 & CUP 1925
21. Precise Plan No. 576 and Conditional Use Permit No. 1925, shall be approved and in effect for a period of 12 months from the original date of approval by the Planning Commission and/or City Council. If no development has commenced at the end of this 12-month time period, Project approval shall expire and be determined void.
A total of two (2) one-year extensions may be granted at the discretion of the Community Development Director. A request for an extension of time should be made in writing by the applicant thirty (30) days prior to the expiration date.
Date of Project Approval: December 13, 2023
Date of Project Expiration: December 13, 2024
22. The resolution is not effective unless it is signed by the applicant indicating and acknowledging his/her understanding of the conditions imposed herein. The failure of the applicant to sign this permit in no way shall be deemed to confer any greater rights than are contained in this permit.
23. By signing and accepting the resolution, the operator accepts the benefits conferred by the permit subject to the conditions imposed therein. By accepting the right to operate pursuant to the permit, the applicant waives all rights to challenge any condition imposed as unfair or unreasonable.
24. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, save and except that caused by City's active negligence. The applicant shall provide a copy of conditions of approval to each manager and to all employees.
25. The applicant shall comply with all federal, state, and local laws. Violations of any of those laws in connection with the use will be cause for revocation of this permit.
26. Violation of any condition of approval shall be a misdemeanor.
27. Install, and maintain in proper working order, security cameras around the premises. These cameras should include, but are not limited to, visual coverage of the areas available to the public on the inside of the business as well as the parking area in front of the business and the drive-through area. These cameras shall have high resolution and low-light capability. Video from all cameras will be recorded and made available to the Police Department upon request. A video camera plan shall be included in the applicant’s plan check submittal to the Building Department and security cameras shall be installed prior to issuance of certificate of occupancy of the business.
28. The Community Development Director may interpret the implementation of each condition of approval and, with advanced notice, grant minor amendments to approved plans and/or conditions of approval based on changed circumstances, new information, and/or relevant factors as long as the spirit and intent of the approved condition of approval is satisfied.
Attachment #2
PP 576 & CUP 1925
Permits shall not be issued until the proposed minor amendment has been reviewed and approved for conformance with the intent of the approved condition of approval. If, in the opinion of the Community Development Director, the proposed changes are substantial in nature, an amendment to the original entitlement may be required pursuant to the provisions of the Fountain Valley Municipal Code.
29. The business shall comply with FVMC 21.24.110(27) which prohibits vehicle signs for the principal purpose of advertising a business.
30. No satellite dishes greater than 2.2 meters shall be installed on the subject property without approval of the Planning Commission.
31. The applicant shall install an odor absorbing ventilation and exhaust system so that food related odors generated inside the business are not detected outside the property boundaries, adjacent properties, or the public right-of-way. Prior to occupancy, a mechanical engineer licensed in the State of California shall submit an odor control system report certifying the odor absorbing ventilation and exhaust system. Such system shall be included in the applicant’s plan check submittal to the Building Department and shall be installed prior to issuance of certificate of occupancy of the Project. Based on substantiated odor complaints from surrounding businesses or residents, the Community Development Director may require additional odor attenuation measures.
32. All roof-mounted mechanical equipment (air conditioning, heating, ventilation ducts, exhaust, etc.) shall be screened from the view of adjacent properties and rights-of-way as specifically approved by the Community Development Director.
Roof treatment shall be common to the building and extended to all four (4) building elevations.
33. Street and unit numbers are to be maintained in such a manner as to be plainly visible, shall not be hidden from view by trees, shrubs, bushes, etc., and other obstructions on the property. Street numbers shall be located and be a minimum size so that they are clearly visible from the street and be maintained on the front and rear doors. All numbers shall not be less than 6 in. in height and 2 in. in stroke and be of contrasting color from the background. Street and unit numbers must be installed prior to issuance of Certificate of Occupancy of the business.
34. To maintain the cleanliness of the property, the business owner shall be responsible for maintaining the area adjacent to their premises over which they have control free of litter.
35. An alarm system shall be installed and be of a type that sounds a signal when it is activated.
36. The operator shall not permit vending machines, water machines, games, rides, etc. on the exterior of the building.
Attachment #2
PP 576 & CUP 1925
37. There shall be no outdoor storage or display of any kind without the approval of a temporary use permit.
38. There shall be no outdoor seating or tables unless specifically allowed by the Community Development Director.
39. There shall be no live entertainment within the facility.
40. There shall be no exterior amplified music. Speakers mounted on or incorporated with the building design on the exterior of the building shall be prohibited.
41. The petitioner shall be responsible for maintaining the premises over which they have control, free of graffiti.
42. Permittee acknowledges that Education Code Section 48200 et. seq. provides that persons between the ages of 6 and 18 are subject to compulsory education and are required to be in school unless exempted. Permittee agrees not to allow the business to become a "hang out" for truants and agrees not to allow youths to congregate or otherwise loiter in or around the business. Permittee shall take reasonable steps to control the conduct of others on this property so that it does not become a nuisance or otherwise disturb the peace and quiet of the neighborhood or peace, health and safety of the community.
43. The sale and consumption of alcohol on the premises shall be prohibited.
44. The operator will ensure that there will be no drinking and/or loitering in the parking lot or within 100 feet of the establishment in areas where the operator has control.
45. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.
46. Heavy-duty delivery trucks that have a Gross Vehicle Weight Rating (GVWR) in excess of 10,000 Ibs. are prohibited from idling their engine for more than five (5) minutes at the rear and side of the business.
47. Based on substantiated complaints of truck idling, the Community Development Director may prohibit all deliveries until such time as the applicant can enact measures to eliminate idling of longer than 5 minutes to the satisfaction of the Director.
48. Subject to verified complaints and/or calls for service, the Community Development Director or Chief of Police may require additional security measures, including but not limited to the provision of security guards, additional cameras and further limitations on the hours of operation.
49. The Community Development Director shall have the authority to modify any condition of approval, specifically those related to the drive-through.
Attachment #2
PP 576 & CUP 1925
50. Three or more sustained complaints within any one-year period received by the Fountain Valley Police Department regarding disturbances which have been caused by the business at the above referenced location may be grounds for revocation proceedings.
51. The conditions herein contained shall run with the property and shall be binding on the business, and all heirs, executors, administrators, and successors in interest to the real property that is the subject of this approval.
Building Department Conditions:
52. Install, maintain and provide for all California Disabled Access compliance per the California Building Code and the Division of State Architect. No encroachment into the disabled path of travel is allowed under any condition with the exception of emergency vehicles and personnel.
53. Projects must comply with the California Code of Regulations, Title 24; Fountain Valley Ordinances, and California law in effect at the time of plan submittal.
54. As deemed necessary by the Building Official, a grease interceptor shall be installed and sized per Section 1014 of the California Plumbing Code as adopted by the City of Fountain Valley in conformance with Chapter 14.38 of the Fountain Valley Municipal Code.
55. Grease interceptors are to be maintained in proper working order. Interceptors are to be inspected and accumulated fats, oils, and grease removed every three months at minimum. High use and/or production of fats, oils or grease may mandate more frequent treatment. Records must be generated and remain onsite for all maintenance procedures for a minimum of three years. Records shall be made available upon request to Orange County Environmental Health Care Agency representatives and City Officials Operation and maintenance shall comply with Fountain Valley Municipal Code Chapters 14.36, Sewers; and Chapter
14.40, Stormwater Regulations.
Public Works Department Conditions:
56. Provide improvement plans as prepared by a Registered Civil Engineer for all improvements. The plans shall be 24 in. by 36 in. mylar with an appropriate engineering scale (1”=10’, 1”=20’, 1"=40'). The plans shall include, but not be limited to, paving, sidewalk, curb, gutter, street lighting and all underground utilities. Underground utilities shall include, but not be limited to: electrical, communications, street lighting, gas, sewer, water and appropriate storm drain facilities. The design, layout and location of the gas, electrical, communications and street lighting shall be in accordance with the requirements of the respective utility company.
57. Grant no easement over any portion of this improvement between the time of approval of the tentative improvement and the time of final approval of the improvement, except as required by the City Engineer.
Attachment #2
PP 576 & CUP 1925
58. All public improvements, including but not limited to, streets, sewer, water, storm drain, traffic systems, traffic control, and street repairs shall be constructed in accordance with the most recent edition of the City of Fountain Valley Public Works Standard plans.
59. The developer shall provide complete "as-built" plans on 24"x36" of the appropriate scale mylar and electronic format AutoCad, latest version, in accordance with City standards prior to Public Works approval to release utilities and certificate of occupancy.
60. Prior to securing permits, complete landscaping plans prepared and signed by a California licensed landscape architect shall be approved by the Public Works and Planning Directors. The plans shall be on 24”x36” mylar with a scale to be consistent with the site plans.
61. Without credit, provide for street improvements including, but not limited to, curbs, gutters, street paving, traffic control devices, ADA accessible driveway approaches, ADA curb ramps, and sidewalks within the public right-of-way.
62. Provide sanitary sewer facilities as required with the City's Sewer Master Plan and to the satisfaction of the City Engineer.
63. Install a reduced pressure principle device on the domestic water supply line to the buildings as required by the City Engineer.
64. Install approved backflow devices for irrigation systems as required by the City Engineer.
65. When building is required to be fire sprinklered, the developer shall install a double check detector check valve assembly as required by the Fire Marshal and City Engineer.
66. Provide a comprehensive traffic study, as prepared by a Registered Traffic Engineer, showing trip generation for the new development and the impact on the adjacent arterial highways created by this development in conjunction with the existing developments. This report shall include the recommended traffic mitigation measures.
67. All vehicular access shall conform to the City of Fountain Valley standard plans and specifications and shall be subject to final approval of the City Engineer.
68. Provide a drawing with a turning template overlay to verify that the intended truck path can be accommodated.
69. All vehicular access shall conform to the City of Fountain Valley standard plans and specifications and shall be subject to final approval of the City Engineer.
Attachment #2
PP 576 & CUP 1925
70. Comply with the applicable provision of City ordinances concerning payment of fees or assessments, zoning regulations and subdivision development. All fees and assessments must be paid prior to the approval of the improvement plans and issuance of any permits.
71. Pay a Traffic Impact Fee in the amount indicated on the development fee schedule.
72. Pay a Sewer Connection Fee in accordance with the City’s Sewer Master Plan and Title 14 the FVMC. In the event that this fee has not been paid with previous development activity, the developer shall be responsible for payment of the fee applied to the gross acreage of the entire property.
73. No sewer connection shall be made in Magnolia Street.
74. Pay $4.65 per front foot for the existing sewer line in Talbert Avenue in accordance with Title 14 of the Fountain Valley Municipal Code.
75. Pay $4.65 per front foot for the existing waterline in Talbert Avenue in accordance with Title 14 of the FVMC.
76. Pay a Median Beautification Fee in the amount of $8.54 per front foot for medians on Talbert Avenue in accordance with Title 20 of the FVMC.
77. A backflow prevention assembly will need to be installed by the applicant’s contractor. Installation inspection will be completed by the Fountain Valley Water Department.
78. Applicant shall improve the broken driveway approach located on the west entrance to the parking lot.
79. Pay Development Fees prior to permit issuance.
80. The applicant shall hire a California licensed traffic engineer to complete a traffic study for the Talbert Avenue / Bay Street, unmarked intersection. The applicant shall work with the Public Works Department to identify any issues and to determine any necessary solutions to allow traffic flow in and out of Bay Street.
81. The applicant shall work with the Public Works Department to expand the landscape planter at the east side of the parking area to create a single right-turnonly lane at the service alley as shown in Figure 1:
Attachment #2
PP 576 & CUP 1925
Figure 1
82. The applicant shall install “Exit Only” and “Wrong-Way” signage at the single-lane exit to the service alley as approved by the Public Works Department.
Fire Department Conditions:
83. Code. Group M occupancies shall comply with 2022 California Fire Code (CFC), 2022 California Building Code (CBC), and current Fountain Valley Municipal Code (FVMC).
84. Premise Identification. Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. CFC 505.1. Verify address assignment with Fountain Valley Fire Department, Fountain Valley Building Department, and Planning Department.
85. Portable Fire Extinguishers. Provide one 2A10BC State Fire Marshal tagged fire extinguisher for every 3000 square feet of floor area. Travel distance not to exceed 75 feet. CFC 906.3
86. Knox Box. Where access to or within a structure or area is restricted because of secured openings or where immediate access is necessary for life-saving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official.
CFC 506.1
87. Commercial Cooking Systems. All existing dry chemical and wet chemical extinguishing systems shall comply with UL 300. Commercial cooking equipment that produces grease laden vapors shall be provided with a Type 1 Hood, in accordance with the California Mechanical Code, and an automatic fire extinguishing system that is listed and labeled for its intended use. CFC 904.11
Attachment #2
PP 576 & CUP 1925
88. Combustible Materials. All drapes, hangings, curtains, drops and all other decorative material, including Christmas trees that would tend to increase the fire and panic hazard. These materials may also include natural and artificial decorative vegetation. These materials shall be made from a nonflammable material, or shall be treated and maintained in a flame-retardant condition by means of a flame-retardant solution or process approved by the State Fire Marshal. The State Fire Marshal seal shall be attached to these items or a certificate of flame retardancy shall be provided to the Fire Department. CCR Title 19, Division 1, Section 3.08
89. CO2 storage. If more than 100 lbs. of CO2 storage is used, the following requirements apply.
a. Provide a monitoring system for CO2 storage.
b. See CFC Section 5307, California Health and Safety Code 6.95 and NFPA
55. c. Submit plans to FVFD and FVBD.
d. An annual fire permit will be required.
e. Electronic filing with the state website “CERS” is mandatory. f. An assembly permit will be issued after final inspection and every year thereafter.
90. General. Fire Safety during construction shall comply with Chapter 33 of the 2022 California Fire Code as well as the following:
91. Portable Fire Extinguishers. Structures under construction, alteration or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with Section 906 and sized for not less than ordinary hazard as follows:
At each stairway on all floor levels where combustible materials have accumulated.
In every storage and construction shed.
Additional portable fire extinguishers shall be provided where special hazards exist including, but not limited to, the storage and use of flammable and combustible liquids. CFC 3315.1
92. Hazardous Materials. There shall be no hazardous storage where the aggregate quantity exceeds the exempt amounts set forth in the California Fire Code. All storage, dispensing, use and handling of hazardous materials shall be in accordance with Chapter 50 of the 2022 California Fire Code.
Environmental Conditions:
93. All new development and significant redevelopment shall comply with the requirements of the Fountain Valley Municipal Code 21.18.120, the provisions of Chapters 14.40 and 18.06 of this code, the City’s Local Implementation Plan (LIP) and NPDES Order No. R8-2009-0030 (NPDES No.
CAS 618030) to reduce and or eliminate the discharge of pollutants in urban and storm water runoff.
Attachment #2
PP 576 & CUP 1925
94. The Developer shall integrate Best Management Practices to ensure compliance with NPDES guidelines and the City’s Stormwater Management Ordinance, FVMC
21.18.120, prior to the issuance of the grading permit. The design, implementation, construction activities and maintenance of the management devices shall mitigate and reduce pollutants in storm water discharges to the maximum extent practicable.
95. An approved WQMP is required prior to the City issuing a grading or building permit. Each successor of the business or property is responsible for compliance with the WQMP.
96. The project’s demolition activities shall comply with the City’s Construction and Demolition Recycling Program (C&D Recycling Program). Complete the following steps in order to create your Construction Waste Management Plan (CWMP).
97. Complete and submit the Construction Waste Management Plan (CWMP) before any Building permits have been issued.
98. Identify which authorized recycling/transfer hauling facility you will by using.
99. Save and submit to the City the weight ticket(s) indicating Construction & Demolition (C&D) and or Construction Demolition Public (CDP) and/or Diversion Report for review.
100. All projects will be signed off when all weight tickets demonstrate compliance and include the following information per the FVMC 6.09.
Attachment #2
153 East City Place Dr. Santa Ana, CA 92705 | phone 714.892.3900 October 26, 2023
City of Fountain Valley
Community Development Department- Planning Division
10200 Slater Ave
RE: McDonald’s Precise Plan No. 576 & CUP No. 1925
Dear Staff,
With the goal of continuing to foster a positive relationship with our neighbors at Village Center, the project team held two community engagement meetings (8/30 and 9/13) on-site from 6PM to roughly 8:30PM. Invitations were sent via mail to nearby residents along Bay Street, Talbert Avenue., and La Grande Circle. Todd Huber, representing Village Center ownership, also reached out directly to Michele Rucker via email to have a second conduit to any neighbors who may have overlooked the mailed invitation.
Below are the concerns that were voiced by those who attended the community engagement meetings, as well as the project team’s feedback/proposed remediations for each concern.
General operational noise
o This is an active and existing commercial center, and commercial use is permitted under the existing zoning. As such, we will keep noise to standard acceptable commercial center volume.
o The shopping center is near an active intersection with consistent vehicle noise existing from Talbert and Magnolia that will far exceed any noise produced by this Project.
Drive-thru speaker noise
o Our speaker system is industry leading in volume control. It is a 3M product that has set decibel limits based on time of day and autoadjustment based on ambient noise around it. The auto-adjustment is managed through the 3M software and volume cannot be increased by the franchisee. Project team is willing to ensure speaker noise decreases between 8PM and 6AM.
o We are installing a new CMU sound wall (height ranges from 6’-2” to 8’- 2”) to further separate the drive-thru lane from the alley to further block any noise caused by the
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
o restaurant. This additional wall is in combination with the existing 6’ CMU wall at the residential property line.
o The distance from the drive-thru CMU wall to the nearest residential (17971 Bay St) back wall/windows is about 61’
Vehicle operator noise in drive-thru
o Please see the note above relating to the new CMU sound wall. Traffic impact of a new McDonald’s
o The continued goal within the currently zoned commercial center is the success of said commercial center. As it stands, the current commercial center sees many vehicle trips on a daily basis.
o A traffic/queue study is being provided. Based on preliminary data this will show that no new trips on the adjacent streets will be generated based on the addition of McDonald’s to this center. When taking into consideration the square footage of the existing building (9,479 SF) vs. the smaller footprint of the proposed McDonald’s (3,850 SF) that will take its place, the number of trips on the adjacent center is projected to decrease – this is dependent on data from the study.
Queuing affecting Talbert
o Traffic /queue study is being provided for review. Based on preliminary data, this study should show the drive-thru stacking capacity is more than sufficient for the design to not affect Talbert Ave or the alley between the residential properties and the McDonalds drive-thru. McDonald’s has an industry-leading drive-thru entrance-to-exit rate with vehicles in queue for significantly shorter periods (average of 180 seconds) than competitors.
o Any potential stacking in the rear loading alley and onto Talbert is prohibited by the current tenant leases and will be prohibited by the Landlord. Should there be a peak rush that would cause this condition to occur, temporary cones and staff direction will move the queue line to the west entrance and specifically away from Talbert. This will move any potential stacking into the shopping center (within the parcel) and away from Talbert and residences.
Food smell drifting into fence line backyards
o The roof exhaust equipment has upblast trajectory and smells are pushed upwards of 30’+ straight up into the air and into the McDonald’s interior building, in order to prevent any smells leaving the building footprint. o Filter media on the Type 1 hoods are industry leading to extract food smell particles from the exhausting air.
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
Light spill from building into fence line backyards
o Revised photometric study has been submitted to show light spill will not affect the residences. These are technical documents and show exact illumination details. As shown, light leakage is confined to the existing parcel.
View of roof mechanical equipment
o The parapets on the building are extended high enough to fully screen all equipment. The goal being to mask all exterior viewing of roof equipment. This can be referenced on most McDonald’s locations today. View of building vs. existing building
o The existing building is over 3’ taller than highest point on the proposed building and the footprint is reduced in overall square footage by more than 5,600 SF (59% reduction). The proposed building size and layout will be far less imposing than the existing, by design.
Security
o McDonald’s installs security cameras throughout the site to provide security and alert any parties necessary if incidents occur. McDonald’s consistently and proudly collaborates with local public safety departments.
o As part of the Landlord’s 2022 redevelopment, new security cameras, lighting, and protocols were put in place for the balance of Village Center.
Security has not been an issue since current ownership took over, and McDonald’s will only further improve that.
Vagrancy
o Once McDonalds is open, and the orthodontist tenant occupies the remaining existing vacancy, Village Center will be a 100% occupied center with a tenant line-up that activates the space throughout the day. As proven out at many other centers, customer and tenant activity are by far the most effective deterrents of both crime and vagrancy. o The proposed development will activate the corner of the center which is most prone to vagrancy and nearest to residential.
Delivery truck and impact to alley traffic
o The delivery truck is onsite for only 30-45 minutes, roughly 2-3 times per week.
o The alley is for delivery traffic. McDonald’s will coordinate delivery schedules opposite of Sprouts so that alley traffic is effectively managed.
Attachment #2
12832 valley view street, suite c, garden grove, ca 92845 | phone 714.892.3900 | fax 714.892.3944
Delivery truck timing
o Delivery timing is flexible and can be set to specific, off-peak hours as requested by the City of Fountain Valley.
McDonald’s has a low-class customer and product
o McDonald’s is industry leading in investment into the brand, the image of the site and interiors, and food quality, thus not targeting low-class customers but rather providing a globally known product. Operators take pride in their stores and take customer feedback as an important indicator of success. Many franchisees own many stores within a specific local area.
o In order to allow for the addition of McDonalds, anchor tenants such as Sprouts had to both review and agree to the Project. Sprouts sees McDonald’s as an exemplary co-tenant, speaking to the quality of customers McDonald’s attracts.
McDonald’s attracts drunk/high people during late-night 24-hour operations o 24-hour operations pertain to the drive thru only, the lobby will close at an evening hour as determined by the individual franchisee. We can’t control who visits our restaurants, however, data shows that most latenight and early-morning visitors are working-class individuals stopping by for pre- or post-work meals. Additionally, McDonald’s does not fit into the category of other fast-food restaurants that currently require security guards to monitor and enforce their drive-thru lines.
McDonald’s does nothing to better the community
o McDonald’s operators are always local to the neighborhoods they operate in and serve many local boards, charities, etc. o Local stores directly donate funds to Ronald McDonald House Charities that directly serve people in need at children’s hospitals. o Tax revenue contributes to the cities in which a McDonald’s is built. o This location will likely create 40-80 new jobs to support local economic growth, professional development, and economic opportunity We look forward to continuing our legacy of friendly neighborhood service and success within the City of Fountain Valley.
Sincerely,
Robert Preece
Principal, Designua, Inc.
Attachment #2
CITY OF FOUNTAIN VALLEY
Notice of Exemption_________________________________________________ TO: FROM:
City of Fountain Valley, Orange County, California
: (check one):
Lead Agency
If filed by applicant:
Matt Jenkins 714-593-4427
2/14/2024 Senior Planner
Attachment #2
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 7, 2024
Members of the City Council
SUBJECT: Public Hearing to Consider the City of Fountain Valley’s Comprehensive User Fee Study and Establish the FY 2024-25 User Fee Schedule Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live.” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City ☐ Not applicable
EXECUTIVE SUMMARY:
In August 2023, the City contracted with Wildan Financial Services (Wildan) to conduct a City-Wide User Fee Study and prepare a full Cost Allocation Plan to assist the City in determining appropriate fee levels for the various services provided by the City. On April 16, 2024, the City Council received a report and presentation on the User Fee Study. The report and presentation focused on the purpose of the study, process, methodology, policy considerations, and recommended User Fee adjustments. City staff provided fee recommendations, and the user fees are now being presented for City Council approval. Upon City Council approval, the User Fee Schedule will go into effect on July 8, 2024.
It is recommended that the City Council conduct a public hearing and adopt a resolution establishing the FY 2024-25 Comprehensive User Fee Schedule as proposed in Attachment 2 of this report.
DISCUSSION:
On June 15, 2023 the City issued a Request for Proposals (RFP) for a city-wide user fee and cost allocation study. Upon closing of the RFP, the city received proposals from three firms. After a review and evaluation by city staff, Wildan was selected. In August 2023, the City contracted with Wildan to conduct a City-Wide User Fee Study and prepare a full Cost Allocation Plan to assist the City in determining appropriate fee levels for the various services provided by the City.
It is considered a financial best management practice for local governments to periodically review and update their User Fee Schedules. The previous City-Wide User Fee Study was completed in August 2017. Since 2017, Staffing and overhead costs have increased significantly. Over the past seven (7) years, a number of individual fees have been updated and new fees have been added, but a comprehensive review has not been completed.
Agenda Item 9
User Fee Schedule
May 7, 2024
It is generally accepted in California that cities are granted the authority to impose user fees and regulatory fees for services and activities they provide through provisions of the State Constitution. Cities are granted the ability to establish fees for service through the framework defined in Article XIIIB, Section 8. Under this framework, a fee may not exceed the estimated reasonable cost of providing the service or performing the activity. For a fee to qualify as such, it must relate to a service or activity under the control of the individual/entity on which the fee is imposed.
Largely, services provided by the City fall into two (2) categories, Public Benefit and Private Benefit. Public Benefit services are services the City offers that provide all users the same level of opportunity to access the service. The level of benefit is the same to all users. Public safety and street infrastructure are examples of public benefit services. Public services normally have a low level or no user fees associated with their consumption. The cost for providing these services is borne by the general tax base. Private Benefit Services are services where only the user benefits. For these services, its customary for Cities to implement a pricing strategy to achieve full cost recovery. The fees of these particular services are intended to recover all direct and indirect costs associated with providing the service.
Examples of private benefit services are building, planning, and engineering review and inspections. The user fee study focuses on the costs associated with providing services and determining the level of cost recovery appropriate for each service.
Cost Recovery
While the update of the User Fee Schedule will provide a fiscal impact in the form of additional revenue, it is pertinent to note that the revenue is not intended to fund new services; rather, the revenue is intended to offset the costs of providing existing services that are recoverable from fees.
Recovering the costs of providing fee-related services directly influences the City’s fiscal health and increases the City’s ability
to meet the service level expectations.
When a fee targets “100% or full cost
recovery,” the individual bears the
entire cost. When a fee targets less
than full cost recovery, another City
revenue source – in most cases, the
General Fund – subsidizes the
individualized service activity. This
reduces funding available to fund other general & community benefits.
Scope of Study
The fee study required extensive interdepartmental collaboration and staff input. The study process provided each department with the opportunity to propose additions and deletions to their existing fee schedules, as well as the opportunity to rename, reorganize, and clarify fees currently being charged. Many such revisions were performed to better conform fees to current procedures and practices.
User Fee Schedule
May 7, 2024
The user fee study examined user and regulatory fees managed by the following City departments and divisions:
General and Administrative Planning
Finance Community Services
Water & Sewer Public Works
Fire Police
Building Fountain Valley Housing Authority
The fees examined in this study specifically excluded utility rates, development impact fees, taxes, and special assessments, all of which fall under distinct analytical and procedural requirements different from the body of user/regulatory fees analyzed in this effort.
The study had two (2) main phases: Cost Allocation Plan and User Fee Study. The Cost Allocation Plan uses a cost-of-service analysis as a quantitative effort to compile the full cost of providing governmental services and activities. There are two primary types of costs considered: direct and indirect costs. Direct costs are those which specifically relate to the activity in question, including the real-time provision of the service. An example of a direct cost is the salary and benefit expense associated with an individual performing a service. Indirect costs are those which support the provision of services but cannot be directly or easily assigned to the activity in question. In the same example, an indirect cost would include the expenses incurred to provide an office and the equipment for that individual to perform his or her duties, including (but not exclusive to) the provision of the service in question.
Because labor is an underlying factor in these activities, the full cost of service was most appropriately expressed as a fully burdened cost per available labor hour. Time estimates were then developed and carefully reviewed by both Wildan and City staff to assess the reasonableness of such estimates. Once finalized, the staff time estimates were then applied to the fully burdened labor rate for each department and functional division to yield an average full cost of the service or activity.
Highlights of the Fee Update
The updated User Fee Study shows changes to many of the City’s User Fees. The User Fee Schedule (attached) shows, new fees will be added; many fees will increase, some will decrease, and others will remain unchanged. The proposed fee changes for each department or division are highlighted below.
User Fee Schedule
May 7, 2024
Most fees within the updated fee schedule were set with a suggested fee capturing full or nearly full cost recovery. Departments set to full or nearly full cost recovery include: General & Administrative, Finance, Water & Sewer, Fire, Planning, Public Works, Police, and FV Housing Authority.
Most fees within the building department are currently subsidized and were updated to include modest increases. Many of these fees are suggested to continue to fall below the full cost recovery level. This is primarily to encourage residents and contractors to obtain required permits without the fees being cost prohibitive.
The community services fee schedule was recently adopted separately by the City Council.
Currently, the community services fees are operating at a 19% cost recovery level. This level of cost recovery is typical within community services, as a way for cities to promote access and encourage participation in these services. The new schedule suggests the addition of one fee related to the use of credit cards for registrations and reservations. Currently, the City only accepts checks or cash for payment of these services. The credit card convenience fee will add a 2% surcharge to the charge for these services to recover merchant transaction fees paid by the City.
The User Fee Schedule also includes fees set by the State of California, the County of Orange, and other external agencies. These fees will continue to be set by the outside agencies and, as mandated, the City collects and remits these fees to the respective agencies.
Proposed Changes Since the Workshop
Since the fee study workshop, a few of the recommended fees have been adjusted. Within the Police Department (Page 71 of the Fee Study Report), two (2) fees have been adjusted back to their current amounts. Alarm Permits and False Alarm fee are recommended to not be increased to encourage City resident and business compliance with established alarm permit requirements. Within the Community Development department (Page 65 of the Fee Study Report), the Affordable Housing Agreement fee was determined to be more appropriately addressed by a deposit system as the scope and scale of services performed by the City can vary significantly between agreements.
Department/Division Increased Decreased New Deposit No Changes Total General and Administrative 11 3 0 0 19 33
Finance 13 20 0 0 0 33
Water & Sewer 12 0 1 0 121 134
Fire 93 0 0 0 24 117
Building 68 9 16 0 37 130
Planning 28 25 4 1 28 86
Community Services 0 0 1 0 13 14
Public Works 27 3 5 0 33 68
Police 13 1 0 0 7 21
Fountain Valley Housing Authority 3 0 0 0 0 3
Totals 268 61 27 1 282 639
Fees
User Fee Schedule
May 7, 2024
Annual Updates
Conducting a User Fee Study for fee-related services and costs annually would be staff-time intensive and costly. The best practice for User Fee analyses is to undertake such a Study every three to five years. This allows jurisdictions to ensure they account for organizational changes, such as staffing levels, cost of doing business, process efficiencies, code or rule changes, and technology improvements. As a result, developing an annual update mechanism allows jurisdictions to maintain current levels of cost recovery while accounting for increases in staffing or expenditures related to services. Therefore, it is recommended that the City include an inflationary factor, Consumer Price Index (CPI), in the resolution to increase or decrease the fees annually.
The proposed annual fee adjustments will be handled by staff administratively pursuant to the adopted resolution. Commencing in FY 2025-26; the Finance Department staff will adjust permit fees on July 1 of each year using the CPI for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim area using the annual percentage change from March to March. Staff recommends the annual fee adjustment based on the CPI, or five percent (5%), whichever is lower. The new fees shall be rounded down to the nearest one (1.00) dollar.
FISCAL REVIEW:
The City currently receives approximately $3.9 million annually from user fees. These fees are driven entirely by the activity and demand for services by residents and businesses. The proposed fees would reduce the annual General Fund subsidy and increase overall user fee revenues by an estimated 12% to 18%, or $500,000 to $800,000 per year, depending on user fee activity levels. If approved, staff will incorporate the estimated revenues from fee changes in the upcoming proposed budget that will be presented to City Council on June 4.
PUBLIC NOTIFICATION:
On April 25, 2024, a public notice (Attachment 3) was posted outside City Hall and published in the Orange County Register. The full fee study report, including the proposed fee schedule, was also made available for public review on April 25, 2024.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The City attorney has reviewed the attached Resolution of the City Council for the City of Fountain Valley establishing the City of Fountain Valley Comprehensive Annual User Fee Schedule and approved it as to form.
ALTERNATIVES:
Alternative No. 1: Conduct a public hearing for the Comprehensive User Fee Study update and adopt a resolution establishing the FY 2024-25 City of Fountain Valley User Fee Schedule.
Alternative No. 2: Do not approve alternative No. 1 and provide alternate direction to staff.
User Fee Schedule
May 7, 2024
RECOMMENDATION:
Staff recommends Alternative No. 1 to conduct a public hearing for the Comprehensive User Fee Study update and adopt a resolution establishing the FY 2024-25 City of Fountain Valley User Fee Schedule.
Prepared by: Ryan Smith, Finance Director / City Treasurer Review by: Colin Burns, Attorney for the City
Approved by: Maggie Le, City Manager
Attachment 1: 2024 City of Fountain Valley User Fee Study Report Attachment 2: Resolution – Establish the FY 2024-25 User Fee Schedule Exhibit A – FY 2024-25 Schedule of User Fees
Attachment 3: Public Notice - Fee Schedule update Public Hearing
City of
Fountain Valley
User Fee Study Report
April 2019
User Fee Study
April 19, 2024
i Comprehensive User Fee Study
TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................. i Executive Summary .................................................................................................. 1 User Fee Background ............................................................................................... 2 Background .................................................................................................................................................. 2 California User Fee History .......................................................................................................................... 2 Additional Policy Considerations ................................................................................................................. 3 Study Objective ....................................................................................................... 4 Scope of the Study ....................................................................................................................................... 4 Aim of the Report......................................................................................................................................... 2 Project Approach and Methodology ........................................................................... 3 Conceptual Approach................................................................................................................................... 3 Fully Burdened Hourly Rates........................................................................................................................ 3 Summary Steps of the Study ........................................................................................................................ 4 Allowable Costs ............................................................................................................................................ 4 Methodology ................................................................................................................................................ 5 Quality Control/Quality Assurance .............................................................................................................. 5 Reasons for cost increases/decreases over current fees............................................................................. 5 City Staff Contributions ................................................................................................................................ 6 Fountain Valley User Fees ........................................................................................ 7 Cost Recovery............................................................................................................................................... 7 Subsidization ................................................................................................................................................ 7 Impact on Demand (Elasticity) ..................................................................................................................... 8 Summary ...................................................................................................................................................... 8 General and Administrative ...................................................................................... 9 Analysis ........................................................................................................................................................ 9 Finance ................................................................................................................ 10 Analysis ...................................................................................................................................................... 10 Water and Sewer ................................................................................................... 11 Analysis ...................................................................................................................................................... 11 Fire ...................................................................................................................... 12
ii Comprehensive User Fee Study
Analysis ...................................................................................................................................................... 12 Building ................................................................................................................ 13 Analysis ...................................................................................................................................................... 13 Planning ............................................................................................................... 14 Analysis ...................................................................................................................................................... 14 Recreation and Community Services ...................................................................... 15 Analysis ...................................................................................................................................................... 15 Public Works ......................................................................................................... 16 Analysis ...................................................................................................................................................... 16 Police ................................................................................................................... 17 Analysis ...................................................................................................................................................... 17 Fountain Valley Housing Authority .......................................................................... 18 Analysis ...................................................................................................................................................... 18 Appendix A – Total Allowable Cost to be Recovered .................................................. 19 Appendix B – Fully Burdened Hourly Rates ............................................................... 20 Appendix C – Cost Recovery Analysis ....................................................................... 25
1 Comprehensive User Fee Study
Executive Summary
The City of Fountain Valley engaged Willdan Financial Services (Willdan) to determine the full costs incurred by the City to support the various activities for which the City charges user fees. Due to the complexity and the breadth of performing a comprehensive review of fees, Willdan employed a variety of fee methodologies to identify the full costs of individual fee and program activities. This report and the appendices herein identify 100% full cost recovery for City services and the recommended level of recovery as determined through discussion with departmental staff. The recommended fees identified herein are either at or less than full cost recovery.
2 Comprehensive User Fee Study
User Fee Background
Background
As part of a general cost recovery strategy, local governments adopt user fees to fund programs and services that provide limited or no direct benefit to the community as a whole. As cities struggle to maintain levels of service and variability of demand, they have become increasingly aware of subsidies provided by the General Fund and have implemented cost-recovery targets. To the extent that governments use general tax monies to provide individuals with private benefits, and not require them to pay the full cost of the service (and, therefore, receive a subsidy), the government is limiting funds that may be available to provide other community-wide benefits. In effect, the government is using community funds to pay for private benefits. Unlike most revenue sources, cities have more control over the level of user fees they charge to recover costs, or the subsidies they can institute.
Fees in California are required to conform to the statutory requirements of the California Constitution, Proposition 218, Proposition 26, and the California Code of Regulations. The Code also requires that the City Council adopt fees by either ordinance or resolution, and that any fees in excess of the estimated total cost of rendering the related services must be approved by a popular vote of two-thirds of those electors voting because the charge would be considered a tax and not a fee. There are no fees suggested to be set above the cost of service and as such a public vote is not required.
California User Fee History
Before Proposition 13, In times of fiscal shortages, California cities were able to raise property taxes, which funded everything from police and recreation to development-related services. However, this situation changed with the passage of Proposition 13 in 1978.
Proposition 13 established the era of revenue limitation in California local government. In subsequent years, the state saw a series of additional limitations to local government revenues. Proposition 4 (1979) defined the difference between a tax and a fee: a fee can be no greater than the cost of providing the service; and Proposition 218 (1996) further limited the imposition of taxes for certain classes of fees. As a result, cities were required to secure a supermajority vote in order to enact or increase taxes. Due to the thresholds needed to increase local taxes, cities have less control and very few successful options for new revenues.
The State of California took a series of actions in the 1990’s and 2000’s to improve the State’s fiscal situation, at the expense of local governments. In 2004-05, the Educational Revenue Augmentation Funds (“ERAF”) take-away of property taxes and the reduction of Vehicle License Fees further reduced local tax revenues.
In addition, on November 2, 2010, California voters approved Proposition 26, the “Stop Hidden Taxes Initiative”, which is aimed at defining “regulatory fees” as a special tax rather than a fee, thus requiring approval by two-thirds vote of local voters. These regulatory fees are typically intended to mitigate the societal and environmental impacts of a business or person’s activities. Proposition 26 contains seven categories of exceptions. The fees analyzed as part of a User Fee study typically fall under categories one through five consisting of charges for specific benefits, government service, regulatory need, for use of government property, or a fine/penalty.
3 Comprehensive User Fee Study
Additional Policy Considerations
State regulations require that municipalities update their fee schedules to reflect the actual costs of certain public services primarily benefiting users. User Fees recover costs associated with the provision of specific services benefiting the user, thereby typically reducing the use of General Fund monies for such purposes.
In addition to collecting the direct cost of labor and materials associated with processing and administering user services, it is common for local governments to recover reasonable support costs. Support costs are those costs relating to a local government’s central service departments that are allocable to the local government’s operating departments. Central services support cost allocations were incorporated using the resulting indirect overhead percentages determined through the City’s Cost Allocation Plan. This plan was used in the User Fee study to account for the burden placed upon central services by the operating departments in order to allocate a proportionate share of central service cost through the study.
As labor effort and costs associated with the provision of services fluctuate over time, a significant element in the development of any fee schedule is that it has the flexibility to remain current. Therefore, it is recommended that the City include an inflationary factor in the resolution adopting the fee schedule to allow the City Council, by resolution, to annually increase or decrease the fees.
The City may employ many different inflationary factors. The most commonly used inflator is some form of the Consumer Price Index (CPI) as it is widely well known and accepted. A similar inflator is the implicit price deflator for GDP, which is much like the CPI except that while the CPI is based on the same “basket” of goods and services every year, the price deflators’ “basket” can change year to year. Since the primary factor for the cost of a City’s services is usually the costs of the personnel involved, tying an inflationary factor that connects more directly to the personnel costs can also be suitable if there is a clear method, or current practice of obtaining said factor.
Each City should use an inflator that they believe works the best for their specific situation and needs. It is also recommended that the City perform this internal review annually with a comprehensive review of services and fees performed every five years, which would include adding, amending, or removing fees for programs/services.
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Study Objective
As the City of Fountain Valley seeks to efficiently manage limited resources and adequately respond to increased service demands, it needs a variety of tools. A User Fee Study provides assurance that the City has the best information and the best resources available to make sound decisions, fairly and legitimately set fees, maintain compliance with state law and local policies, and meet the needs of the City administration and its constituency. Given the limitations on raising revenue in local government, the City recognizes that a User Fee Study is a very cost-effective way to understand the total cost of services and identify potential fee deficiencies. Essentially, a User Fee is a payment for a requested service provided by a local government that primarily benefits an individual or group.
The total cost of each service included in this analysis is based on the full cost of providing City services, including direct salaries and benefits of City staff, direct departmental costs, and indirect costs from central service support. This study determines the full cost recovery fee for the City to provide each service; however, each fee is set at the City’s discretion, up to 100% of the total cost, as specified in this report.
The principal goal of the study was to help the City determine the full cost of the services that the City provides. In addition, Willdan established a series of additional objectives including:
Developing a rational basis for setting fees
Identifying subsidy amount, if applicable, of each fee in the model Ensuring compliance with State law
Developing an updatable and comprehensive list of fees Maintaining accordance with City policies and goals
The study results will help the City better understand its true costs of providing services and may serve as a basis for making informed policy decisions regarding the most appropriate fees, if any, to collect from individuals and organizations that require individualized services from the City.
Scope of the Study
The scope of this study encompasses a review and calculation of the user fees charged by the following Fountain Valley departments and fee groups:
General & Administrative
Finance
Water & Sewer
Fire
Building
Planning
Recreation & Community Services
Public Works
Police
Fountain Valley Housing Authority
The study involved the identification of existing and potential new fees, fee schedule restructuring, data collection and analysis, orientation and consultation, quality control, communication and presentations, and calculation of individual service costs (fees) or program cost recovery levels.
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Aim of the Report
The User Fee Study focused on the cost of City services, as City staff currently provide them at existing, known, or reasonably anticipated service and staff level needs. This report provides a summary of the study results, and a general description of the approach and methods Willdan and City staff used to determine the recommended fee schedule. The report is not intended to document all of the numerous discussions throughout the process, nor is it intended to provide an influential dissertation on the qualities of the utilized tools, techniques, or alternative approaches.
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Project Approach and Methodology
Conceptual Approach
The basic concept of a User Fee Study is to determine the “reasonable cost” of each service provided by the City for which it charges a user fee. The full cost of providing a service may not necessarily become the City’s fee, but it serves as the objective basis as to the maximum amount that may be collected.
The standard fee limitation established in California law for such fees is the “estimated, reasonable cost” principle. In order to maintain compliance with the letter and spirit of this standard, every component of the fee study process included a related review. The use of budget figures, time estimates, and improvement valuation clearly indicates reliance upon estimates for some data.
Fully Burdened Hourly Rates
The total cost of each service included in this analysis is primarily based on the Fully Burdened Hourly Rates (FBHRs) that were determined for City personnel directly involved in providing services. The FBHRs include not only personnel salary and benefits, but also any costs that are reasonably ascribable to personnel. The cost elements that are included in the calculation of fully burdened rates are:
Salaries & benefits of personnel involved
Operating costs applicable to fee operations
Departmental support, supervision, and administration overhead Indirect City-wide overhead costs calculated through the Cost Allocation Plan An important factor in determining the fully burdened rate is in the calculation of productive hours for personnel. This calculation takes the available workable hours in a year of 2,080 and adjusts this figure to 1,680 productive or billable hours to account for calculated or anticipated hours’ employees are involved in non-billable activities such as paid vacation, sick leave, holidays, and other considerations as necessary.
Dividing the full cost, including overhead, of a position by the number of productive hours provides the FBHR.
The FBHRs are then used in conjunction with time estimates, when appropriate for how a service is provided, to calculate a fee’s cost based on the personnel and the amount of their time that is involved in providing each service.
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Summary Steps of the Study
The process of the study is straightforward and simple in concept. The following list provides a summary of the study process steps:
Allowable Costs
This report identifies three types of costs that, when combined, constitute the fully burdened cost of a service (Appendix A). Costs are defined as
direct labor, including salary and benefits,
departmental overhead costs, and the City’s
central services overhead, where
departmental and central service overhead
costs constitute support costs. These cost
types are defined as follows:
Direct Labor (Personnel Costs): The
costs related to staff salaries for
time spent directly on fee-related
services.
Departmental Overhead: A
proportional allocation of
departmental overhead costs,
including operation costs such as
supplies and materials that are necessary for the department to function. Central Services Overhead: These costs, as provided via the City’s Cost Allocation Plan, represent services provided by those Central Services Departments whose primary function is to support other City departments.
Data Analysis
Department Interviews
Time Estimates
Labor Costs
Cost Allocation Plan
Building Cost Layers
Direct Services
Indirect Services
Department Overhead
City-Wide Overhead
Set Fees
Define the Full Cost of
Services
Set Cost Recovery Policy
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Methodology
The three methods of analysis for calculating fees used in this report are the:
Case Study Method (Standard Unit Cost Build-Up Approach): This approach estimates the actual labor and material costs associated with providing a unit of service to a single user. This analysis is suitable when City staff time requirements do not vary dramatically for a service, or for special projects where the time and cost requirements are easy to identify at the project’s outset. Further, the method is effective in instances when a staff member from one department assists on an application, service or permit for another department on an as-needed basis. Costs are estimated based upon interviews with City staff regarding the time typically spent on tasks, a review of available records, and a time and materials analysis.
Programmatic Approach: In some instances, the underlying data is not available or varies widely, leaving a standard unit cost build-up approach impractical. In addition, market factors and policy concerns (as opposed to actual costs) tend to influence rental based fee levels more than other types of services. Willdan employed a different methodology where appropriate to fit a programs’ needs and goals. Typical programmatic approach cases are facility use fees, penalties, and instances where a program cost is divided over the user base to obtain a per applicant cost for shared cost services.
Valuation Based Fees: This manner of collection is used when the valuation of the improvement can be used as a proxy for the amount of effort it would take for City staff to complete the service provided. More specifically, this approach is commonly used for certain User Fees in the Building Division. It is generally accepted that as a project’s size scales up, the cost of the project increases, and the amount of effort needed to review and inspect also increases. Using a valuation-based fees provides for a system that can adjust as project sizes scale. Land is not included in the valuation.
Quality Control/Quality Assurance
All study components are interrelated, thus flawed data at any step in the process will cause the ultimate results to be inconsistent and unsound. The elements of our Quality Control process for User Fee calculations include:
Involvement of knowledgeable City staff
Clear instructions and guidance to City staff
Reasonableness tests and validation
Internal and external reviews
Cross-checking
Reasons for cost increases/decreases over current fees
Within the fee tables in Appendix C, the differences are identified between the full costs calculated through the study and the fee levels currently in effect. The reasons for differences between the two can arise from a number of possible factors including:
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Previous fee levels may have been set at levels less than full cost intentionally, based on policy decisions
Staffing levels and the positions that complete fee and service activity may vary from when the previous costs were calculated
Personnel and materials costs could have increased at levels that differed from any inflationary factors used to increase fees since the last study
Costs that this study has identified as part of the full cost of services may not have been accounted for in a previous study
o Departmental overhead and administration costs
o Vehicle and Facility Maintenance support costs
o Indirect overhead from the Cost Allocation Plan
Changes in processes and procedures within a department, or the City as a whole Changes in the demand for services in a City may have also changed the staffing or cost structure of departments over time
City Staff Contributions
As part of the study process, Willdan received tremendous support and cooperation from City staff, which contributed and reviewed a variety of components to the study, including:
Budget and other cost data
Staffing structures
Fee and service structures, organization, and descriptions Direct and indirect work hours (billable/non-billable) Time estimates to complete work tasks
Review of draft results and other documentation
A User Fee Study requires significant involvement of the managers and line staff from the departments on top of their existing workloads and competing priorities. The contributions from City staff were critical to this study. We would like to express our appreciation to the City and its staff for their assistance, professionalism, positive attitudes, helpful suggestions, responsiveness, and overall cooperation.
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Fountain Valley User Fees
Cost Recovery
The cost recovery models, by department/division fee type, are presented in detail in Appendix C. Full cost recovery is determined by summing the estimated amount of time each position (in increments of minutes or hours) spends to render a service. Time estimates for each service rendered were obtained through interviews conducted with City staff for each department/division fee included in the study. The resulting cost recovery amount represents the total cost of providing each service. The City’s current fee being charged for each service, if applicable, is provided in this section, as well, for reference.
It is important to note that the time data used to determine the amount of time each employee spends assisting in the provision of the services listed on the fee schedule is essential in identifying the total cost of providing each service, and will differ from City to City depending on staffing, positions involved, experience on staff, the use of consultants, and the policies and procedures in place for each City.
Specifically, in providing services, a number of employees are often involved in various aspects of the process, spending anywhere from a few minutes to several hours on the service.
The primary goal of this study was to identify the cost of City services, to provide information to help the City make informed decisions regarding the actual fee levels and charges. The responsibility of determining the final fee levels is a complicated task. City staff must consider many issues in formulating recommendations, and the City Council must consider those same issues and more in making the final decisions.
City staff assumes the responsibility to develop specific fee level recommendations to present to the City Council. Unfortunately, there are no hard and fast rules to guide the City, since many of the considerations are based on the unique characteristics of the City of Fountain Valley, and administrative and political discretion. However, in setting the level of full cost recovery for each fee, one should consider whether the service solely benefits one end user or the general community.
Subsidization
Recalling the definition of a user fee helps guide decisions regarding subsidization. The general standard is that individuals (or groups) who receive a wholly private benefit should pay 100% of the full cost of the services. In contrast, services that are simply public benefit should be funded entirely by the general fund’s tax dollars. Unfortunately, for the decision makers, some services fall into the range between these two extremes.
Further complicating the decision, opponents of fees often assert that the activities subject to the fees provide economic, cultural, “quality of life,” or other community benefits that exceed the costs to the City, but it is important to distinguish the difference between any purported possible benefits that may be conveyed through the result of activities of the service receiver and the direct benefit being conveyed through the City providing the service to the requestor.
It is recommended the City consider such factors during its deliberations regarding appropriate fee levels.
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Of course, subsidization can be an effective public policy tool, since it can be used to reduce fees to encourage certain activities (such as to ensure public safety) or allow some people to be able to afford to receive services they otherwise could not at the full cost. In addition, subsidies can be an appropriate and justifiable action, such as to allow citizens to rightfully access services, without overburdensome costs.
Despite the intent, it is important for the City and public to understand that subsidies must be covered by another revenue source, typically the General Fund’s other unobligated funds. Therefore, the general taxpayer will potentially help to fund private benefits, and/or other City services will not have available funds that are otherwise directed to cover fee subsidies.
Impact on Demand (Elasticity)
Economic principles of elasticity suggest that increased costs for services (higher fees) will eventually curtail the demand for the services; whereas lower fees may spark an incentive to utilize the services and encourage certain actions. Either of these conditions may be a desirable effect to the City. However, the level of the fees that would cause demand changes is largely unknown. The cost of service study did not attempt to evaluate the economic or behavioral impacts of higher or lower fees; nevertheless, the City should consider the potential impacts of these issues when deciding on fee levels.
Summary
City staff is recommending setting user fees at 100% of the full cost identified in this study except for specific considerations where it makes sense based on how service is provided such as trade fees within Building that are often coupled together when provided, or for the City xeroxing fee where the full cost would be considered prohibitive. City and departmental goals, City Council priorities, policy initiatives, past performance, implementation issues, and other internal and external factors should influence staff recommendations and City Council decisions. In this case, the proper identification of additional services (new or existing services) and the update to a consistent and comprehensive fee schedule were the primary objectives of this study. City staff has reviewed the full costs and identified the recommended fee levels for consideration by City Council. The attached appendices exhibit these unit fees individually.
The preceding sections provide background for each department, division, and fee group and the results of this study’s analysis of their fees. For the full list of each fee’s analysis, refer to Appendix C of this report.
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General and Administrative
The City of Fountain Valley’s Administration Department is comprised of the legislative and administrative branches of City government, inclusive of City Council, City Manager, Legal Services, Administrative Services, Records Management, Elections, Human Resources, Finance, Purchasing, and Business License.
Analysis
Willdan individually reviewed the services associated with General and Administrative fees. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The services included in General and Administrative Services fees are a mixture of citations, user fees and others set by the State. The analysis of the user fee services relied primarily upon a standard unit cost buildup approach, whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that most fees are currently set below full cost. It is recommended that the City set General and Administrative fees at the levels detailed in Appendix C. As a result, there would be:
An increase for 11 fees;
3 fees would decrease;
19 fees would remain as currently set, and;
the average change in fees would be an increase of 5%.
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Finance
The Finance Department manages the fiscal operations of the City and maintains financial records in conformance with generally accepted accounting principles (GAAP) and in compliance with State and Federal laws. The Department’s primary functions include maintaining effective systems for financial planning, revenue administration, accounting and reporting, cash management, long-term debt administration, purchasing, payroll, investing and utility billing.
Analysis
Willdan individually reviewed the services associated with the Finance Department. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The services included in Finance Services fees are a mixture of business license fees, user fees and others set by the State. The analysis of the user fee services relied primarily upon a standard unit cost build-up approach, whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that current fees are not in line with the cost of service. It is recommended that the City set Finance fees at the levels detailed in Appendix C. As a result, there would be:
An increase for 13 fees;
22 fees would decrease, and;
the remaining fees, business license taxes, and State fees would remain as currently set.
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Water and Sewer
The Water Division is responsible for maintaining the City’s potable water system to ensure the safe and effective delivery of water to the City’s residential and commercial customers. The division’s programs include Water Distribution System Maintenance & Construction, Water Meter Maintenance & Repair, Water Meter Reading, Customer Service, Water Conservation, Cross Connection Control Program, Water Quality & Treatment, and Water Production Operations.
The Water Division also maintains a reclaimed water distribution system as part of the Green Acres Project (GAP) from OCWD.
The Sewer/Storm Drain Division is responsible for providing sewer and storm water collection service to all areas within the City boundaries. The division’s programs include Sewer Maintenance & Construction, CCTV Inspections and Storm Drain Maintenance & Construction. The proper maintenance of these important City infrastructure components is a significant part of the City’s public safety responsibility. The division is also responsible for providing services to maintain compliance with State required NPDES storm water regulations.
Analysis
Willdan individually reviewed the services and programs associated with the Water and Sewer Divisions.
The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The analysis of Water and Sewer services relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved in providing services to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that most user fees are currently set below full cost. It is recommended that the City increase cost recovery to 100% for Water and Sewer services as detailed in Appendix C. The utility rates and connection fees that are listed in the fee tables were not part of this study and would not be changed. As a result, there would be:
An increase to 12 fees;
1 new fee, Construction Water Meter Deposit, would be added; 121 fees would remain as currently set, including utility rates and connection fees, and; the average estimated fee increase would be around 74% for the user fees that were part of this study.
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Fire
The Fire Department provides outstanding service aimed at safeguarding both the well-being and property of the citizens and visitors of Fountain Valley. The 46 full-time men and women and approximately 20 parttime and volunteer employees of the Fountain Valley Fire Department strive to deliver high quality emergency medical services, fire suppression, fire prevention, hazardous materials, disaster preparedness, and public safety education services. The fire department operates from two (2) fire stations that collectively respond annually to approximately 8,000 emergency responses.
Analysis
Willdan individually reviewed the services associated with the Fire Department. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The analysis of the Fire services relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved with providing the service to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that most fees are currently set below the full cost of providing the service. It is recommended that the City set Fire fees at the levels detailed in Appendix C. As a result, there would be:
An increase for 93 fees;
24 fees would remain as currently set, and;
the average estimated fee increase would be around 69% for flat fees.
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Building
The Community Development Department enhances and protects the public’s health, safety, and welfare through the built environment of the City, while also providing for fair housing, public service funding, neighborhood enhancement and affordable housing opportunities. The Department is comprised of the Planning, Building, Code Enforcement, Economic Development and Housing Divisions.
Under the direction of the Community Development Director, the Building Division ensures that the construction of all buildings and structures within the City are built in compliance with applicable codes and standards. This division is responsible for permit issuance, plan review, and inspections.
Analysis
Willdan individually reviewed the services and programs associated with the Building Division. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The analysis of Building services relied primarily upon a standard unit cost build-up approach (except for fees related to the Building Permit program), whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and pro-rata share of departmental costs, including indirect costs for City Central Services. The analysis found that most services are currently not in line with the cost of providing them. It is recommended that the City set Building fees at the levels detailed in Appendix C. As a result, there would be:
an increase to 68 fees;
9 fees would decrease;
37 fees would remain as currently set;
16 new fees would be added, and;
the average estimated fee increase would be around 5% for flat fees.
In addition to the above referenced fees listed under Building, the Building Permit fees are also provided by this division. For the Building Permit fees, valuation is used as a proxy for measuring the amount of effort needed to provide services on a case by case basis. This method is an industry standard widely used by other jurisdictions to evaluate the cost of providing service. It is generally understood that the larger and more complex a project is, more time and effort that is required to provide the service. Project valuation also follows that trend, and so by using a combination of either project valuation or historical revenue figures along with a multiplier or cost recovery analysis for historical and anticipated future construction trends, current cost recovery along with variability in charges due to project type and scale is determined.
The result of the cost analysis completed using fee activity for fiscal year 2024 for Building Permits and found that the program is currently operating at 94% cost recovery. It is suggested that the fees be increased to raise cost recovery to 100%, which would require a 6% increase. Current and new fees are detailed in Appendix C.
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Planning
The Community Development Department enhances and protects the public’s health, safety, and welfare through the built environment of the City, while also providing for fair housing, public service funding, neighborhood enhancement and affordable housing opportunities. The Department is comprised of the Planning, Building, Code Enforcement, Economic Development and Housing Divisions.
One of the primary functions of the Planning Division is to ensure that new development within the city is consistent with the city's General Plan, zoning regulations and State and Federal law. The Division reviews development proposals, conducts environmental assessments, and works with developers to ensure that new projects are designed and constructed in a manner that is consistent with the city's vision for its future.
This Division also coordinates the long-range planning and development of the City through the maintenance of the General Plan, specific plans, and environmental documentation. This function also includes the monitoring of local and regional programs and ensures the City complies with Federal, State, and local legislation. Finally, this Division provides development project coordination between City departments and assists project applicants with navigating the permit and entitlement process.
Analysis
Willdan individually reviewed the services and programs associated with the Planning Division. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The analysis of Planning services relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved in providing services to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that most current fees are not in line with the cost of service. It is recommended that the City set Planning fees at the levels detailed in Appendix C. As a result, there would be:
An increase to 28 fees;
25 fees would decrease;
4 new fees would be added;
1 fee would change to deposit fee from hourly;
28 fees would remain as currently set, and;
the average estimated fee change would be a decrease of around 4%.
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Recreation and Community Services
The Recreation & Community Services Department facilitates community enrichment by providing quality programs, services, and recreation opportunities that create positive and memorable experiences. The Department heightens the quality of life and sense of place for Fountain Valley residents and the greater community by organizing and implementing more than 18 major community events while also promoting health and wellness through a variety of athletic leagues and programs. In addition to physical benefits, the Recreation and Community Services Department fosters human development with its summer programs and camps, Arts programs, Human and Senior Services, and recreational opportunities.
The Department operates the City of Fountain Valley Recreation Center and Sports Park and The Center at Founders Village Senior and Community Center. These facilities service more than 400,000 visitors annually, support economic, and community development by hosting regional and national community events and athletic tournaments.
Analysis
Willdan individually reviewed the services and programs associated with the Recreation and Community Services Department. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The analysis of most Recreation and Community Services programs encompassed facility rentals and other recreation services. The fee for use of government owned facilities and property can be set discretionally by the City per Proposition 26 to reduce the cost to the public for related facilities costs, and because there is market availability for facility use elsewhere. The cost of acquisition, maintenance, repair, and upgrade to the City and subsequently the community is partially offset by rental or use fee revenue. As such these fees should be set using the knowledge of activity use for the facilities, policy desires of the City, and market factors when desirable. It is generally accepted that many Recreation and Community Services programs provide a measure of public benefit to the residents and City as a whole. In addition, cities generally want to ensure that their programs and services remain affordable to the community at large, and that the programs remain competitive with surrounding jurisdictions and private businesses. Overall, Recreation and Community Services cost recovery was analyzed and is to be about 19% including indirect central service and department administrative support. With those factors in mind, staff have suggested reasonable fee adjustments to the fee schedule, and they are detailed in Appendix C.
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Public Works
The Public Works Department is comprised of 4 separate divisions: Engineering, Environmental, General Services, and Utilities.
The Public Works Engineering Division is led by the Deputy Public Works Director / City Engineer and is comprised of a dedicated staff of eight (8) engineering, environmental, inspection and administrative professionals, which manage, operate and facilitate the City’s multi-million dollar Capital Improvement Program (CIP), Traffic Engineering Program, Development Review, permitting and Plan Check, ADA Coordination and Grant Fund Management.
The Engineering Division is responsible for the planning, grant funding, design, and construction of the City’s Capital Improvement Program. This program encompasses a diverse array of projects, including roadway rehabilitation (arterial, residential, collector and industrial streets); sewer, water, reservoir, sidewalk, and traffic engineering improvements; water-line and storm drain upgrades; landscape and hardscape beautification; and enhancements to neighborhood parks, playground equipment, and public-building facilities.
Analysis
Willdan individually reviewed the services associated with the Public Works Department. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The analysis of the Public Works services relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved with providing the service to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that majority of the fees are currently set below the full cost of providing service. It is recommended that the City increase cost recovery to 100% for Public Works services as detailed in Appendix C. As a result, there would be:
An increase for 27 fees;
3 fees would decrease;
5 new fees would be added;
31 fees would remain as currently set, and;
the average estimated fee increase would be around 25% for flat fees.
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Police
The Fountain Valley Police Department partners with the community to promote public safety to the residents, businesses and visitors of the City. Headed by the Police Chief, the Department is organized into two divisions: the Patrol Division and the Support Services Division. Both Divisions share the responsibility for the prevention, detection and investigations of crime.
Analysis
Willdan individually reviewed the services and programs associated with the Police Department. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The analysis of Police services relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved in providing services to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that majority of the fees are currently set below the full cost of providing service.
It is recommended that the City set Police fees at the levels detailed in Appendix C. As a result, there would be:
An increase to 11 fees;
1 fee would decrease;
9 fees would remain as currently set, and
the average estimated fee increase would be around 7%.
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Fountain Valley Housing Authority
The Housing Division includes the administration of the City’s Community Development Block Grant (CDBG) Program and Housing Authority functions. Responsibilities of the CDBG Program include administering a contract for Fair Housing Services, oversight of Public Service Agency 51 COMMUNITY DEVELOPMENT Grant recipients, code enforcement in low/moderate income census tracts of the City, the Neighborhood Revitalization Program, a Lead Based Paint Hazard abatement program, and preparing the City’s Five-Year Consolidated Plan, annual Action Plans, and various other mandated reports. The Housing Authority programs of the Department include the affordable housing loan administration, affordable housing development, and property compliance, administration of the City’s affordable housing monies and preparation of mandated reports.
Analysis
Willdan individually reviewed the services and programs associated with the Housing Division. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The analysis of Housing services relied primarily upon a standard unit cost build-up approach whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and pro-rata share of departmental costs, including indirect costs for City Central Services. The analysis found that current fees are far below the cost of providing services. It is recommended that the City increase cost recovery to 100% for Housing services as detailed in Appendix C. As a result, there would be:
an increase to 3 fees, and;
the average estimated fee increase would be around 181% for flat fees.
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Appendix A – Total Allowable Cost to be Recovered
Below are the total allowable costs that may be recovered through User Fees; however, only a portion of the total allowable cost is recovered as staff not only works on services related to User Fees, but also works on an array of other City functions during the operational hours of the City. The amounts listed below will not reconcile to City budgets as costs that should not be included in overhead for personnel in the application of determining fully burdened hourly rates were excluded. Examples of these costs are capital, debt, monetary transfers, contract costs, and any other costs that are charged directly to the service requestor.
City of Fountain Valley - User Fee
Overhead Rate Calculations
Department
Total Personnel
Services
Department
Operations &
Administration
Direct
Overhead
%
Indirect
Allocation
%
100: ADMIN SERVICES $264,290 $128,920 49% 0%
100: BUSINESS LICENSE $31,685 $20,640 65% 3%
100: COMMUNITY DEVELOPMENT $1,661,095 $319,340 19% 31%
100: ENGINEERING & PUBLIC WORKS $2,506,750 $1,700,025 68% 29% 100: FINANCE $1,061,605 $498,910 47% 0%
100: FIRE DEPARTMENT $10,901,680 $2,871,940 26% 32%
100: HUMAN RESOURCES $899,995 $420,145 47% 0%
100: OFFICE OF CITY MANAGER $288,915 $177,380 61% 0%
100: PARK MAINTENANCE $270,675 $212,630 79% 10%
100: POLICE DEPARTMENT $16,286,435 $4,604,135 28% 37%
100: PURCHASING $251,870 $71,435 28% 0%
100: RECORDS MANAGEMENT $137,685 $112,285 82% 0%
100: RECREATION & COMMUNITY SVCS $1,549,215 $1,561,485 101% 29% 110: INFORMATION PROCESSING $807,000 $87,140 11% 0%
111: GOVERNMENT BUILDINGS $528,235 $871,900 165% 0%
112: FLEET MANAGEMENT $436,255 $643,715 148% 0%
230: CDBG/HUD $173,580 $107,160 62% 20%
231: FOUNTAIN VALLEY HOUSING AUTHOR $207,175 $96,930 47% 27% 500: WATER UTILITY FUND $871,195 $512,595 59% 14%
501: SEWER ASSESSMENT $692,150 $454,099 66% 27%
20 Comprehensive User Fee Study
Appendix B – Fully Burdened Hourly Rates
Below are fully burdened hourly rates of staff positions that provide for the services detailed in Appendix C. The FBHRs were used to determine the full cost of each service. They include the salary and benefit costs for each position as well as all applicable overhead amounts for each position. When a central service department position works on a fee or project in the purview of an operating department, the overhead rates of the operating department (shown in Appendix A) will be applied to that central service positions’ salary and benefit rate for full cost recovery since indirect overhead cost only applies to non-central service functions of the City. For any user fee service request that is outside the scope of the fees detailed in Appendix C, or for services for which there is no fee currently set, the City can charge up to the full cost of the FBHR for personnel involved.
21 Comprehensive User Fee Study
City of Fountain Valley - User Fee
Fully Burdened Hourly Rate Calculation
Department Title
Fully Burdened
Hourly Rate
100: ADMIN SERVICES Admin - ADMINISTRATIVE ASSISTANT $74.19 100: ADMIN SERVICES Admin - ADMINISTRATIVE SPECIALIST $39.49 100: ADMIN SERVICES Admin - CITY MANAGER $280.50
100: ADMIN SERVICES Admin - MANAGEMENT ANALYST $99.46
100: ADMIN SERVICES Admin - OFFICE SPECIALIST I $28.32
100: BUSINESS LICENSE Bus License - ACCOUNTING TECHNICIAN I $81.40 100: BUSINESS LICENSE Bus License - ACCOUNTING TECHNICIAN II $74.24 100: BUSINESS LICENSE Bus License - SR ACCOUNTING TECHNICIAN $113.65 100: COMMUNITY DEVELOPMENT CD - ADMINISTRATIVE ASSISTANT $90.64 100: COMMUNITY DEVELOPMENT CD - ASSISTANT PLANNER $103.57 100: COMMUNITY DEVELOPMENT CD - ASSOCIATE PLANNER $123.40 100: COMMUNITY DEVELOPMENT CD - BUILDING INSPECTOR $108.12 100: COMMUNITY DEVELOPMENT CD - BUILDING OFFICIAL $177.03 100: COMMUNITY DEVELOPMENT CD - CODE ENFORCEMENT OFFICER $107.57 100: COMMUNITY DEVELOPMENT CD - COMMUNITY DEVELOPMENT DIRECTOR $272.65 100: COMMUNITY DEVELOPMENT CD - HOUSING COORDINATOR $165.46 100: COMMUNITY DEVELOPMENT CD - MANAGEMENT ANALYST $129.42 100: COMMUNITY DEVELOPMENT CD - PERMIT TECHNICIAN $87.10 100: COMMUNITY DEVELOPMENT CD - PRINCIPAL PLANNER $188.55 100: COMMUNITY DEVELOPMENT CD - SENIOR PLANNER $166.46
100: OFFICE OF CITY MANAGER CM - CITY MANAGER $304.29
100: OFFICE OF CITY MANAGER CM - MANAGEMENT ANALYST $107.90 100: ENGINEERING & PUBLIC WORKS Eng/PW - ADMINISTRATIVE ASSISTANT $122.32 100: ENGINEERING & PUBLIC WORKS Eng/PW - ADMINISTRATIVE SPECIALIST-JS $96.46 100: ENGINEERING & PUBLIC WORKS Eng/PW - ASSISTANT ENGINEER $164.53 100: ENGINEERING & PUBLIC WORKS Eng/PW - DEPUTY PUBLIC WORKS DIRECTOR $324.45 100: ENGINEERING & PUBLIC WORKS Eng/PW - DIRECTOR OF PUBLIC WORKS $396.89 100: ENGINEERING & PUBLIC WORKS Eng/PW - ENGINEERING ASSOCIATE $210.38 100: ENGINEERING & PUBLIC WORKS Eng/PW - ENGINEERING TECH III $47.31 100: ENGINEERING & PUBLIC WORKS Eng/PW - ENVIRONMENTAL SERVICES ADMIN $186.30 100: ENGINEERING & PUBLIC WORKS Eng/PW - EQUIPMENT OPERATOR II $154.14 100: ENGINEERING & PUBLIC WORKS Eng/PW - EQUIPMENT OPERATOR II (STREETS) $146.17 100: ENGINEERING & PUBLIC WORKS Eng/PW - FIELD SERVICES MANAGER $296.47 100: ENGINEERING & PUBLIC WORKS Eng/PW - FOREMAN $166.71 100: ENGINEERING & PUBLIC WORKS Eng/PW - FOREMAN - SEWER/STORM DRAINS $167.57 100: ENGINEERING & PUBLIC WORKS Eng/PW - FOREMAN - WATER $168.41 100: ENGINEERING & PUBLIC WORKS Eng/PW - FOREMAN WATER PRODUCTION $167.57 100: ENGINEERING & PUBLIC WORKS Eng/PW - IRRIGATION TECHNICIAN $125.32 100: ENGINEERING & PUBLIC WORKS Eng/PW - LANDSCAPE INSPECTOR/ARBORIST $166.28 100: ENGINEERING & PUBLIC WORKS Eng/PW - LANDSCAPE INSPECTOR/PLAYGROUND SAFETY $166.28 100: ENGINEERING & PUBLIC WORKS Eng/PW - MAINTENANCE WORKER I - STREETS $54.21 100: ENGINEERING & PUBLIC WORKS Eng/PW - MAINTENANCE WORKER II $110.89 100: ENGINEERING & PUBLIC WORKS Eng/PW - MAINTENANCE WORKER II (CHEMAPP) $137.51 100: ENGINEERING & PUBLIC WORKS Eng/PW - MAINTENANCE WORKER II (ST/TR/GR) $111.99 100: ENGINEERING & PUBLIC WORKS Eng/PW - MAINTENANCE WORKER II-STREETS $136.43 100: ENGINEERING & PUBLIC WORKS Eng/PW - MAINTENANCE WORKER II-WTR CERT $148.84 100: ENGINEERING & PUBLIC WORKS Eng/PW - MANAGEMENT AIDE $136.26
22 Comprehensive User Fee Study
City of Fountain Valley - User Fee
Fully Burdened Hourly Rate Calculation
Department Title
Fully Burdened
Hourly Rate
100: ENGINEERING & PUBLIC WORKS Eng/PW - PUBLIC SERVICES SUPERVISOR $201.88 100: ENGINEERING & PUBLIC WORKS Eng/PW - PUBLIC WORKS INSPECTOR $183.30 100: ENGINEERING & PUBLIC WORKS Eng/PW - SEWER/STORM DRAIN SUPERVISOR $215.96 100: ENGINEERING & PUBLIC WORKS Eng/PW - SR MANAGEMENT ANALYST-PW $195.87 100: ENGINEERING & PUBLIC WORKS Eng/PW - TEMPORARY LABORER - STREETS $43.87 100: ENGINEERING & PUBLIC WORKS Eng/PW - WATER SUPERVISOR $219.76 100: ENGINEERING & PUBLIC WORKS Eng/PW - WATER SYSTEM OPERATOR $173.04 100: FINANCE Fin - ACCOUNTANT $94.53
100: FINANCE Fin - ACCOUNTING MANAGER $147.17
100: FINANCE Fin - ACCOUNTING TECHNICIAN II $87.34
100: FINANCE Fin - BUDGET MANAGER $142.76
100: FINANCE Fin - FINANCE DIRECTOR $239.42
100: FINANCE Fin - MANAGEMENT ANALYST $121.83
100: FINANCE Fin - PAYROLL ADMINISTRATOR $126.59
100: FIRE DEPARTMENT Fire - ADMINISTRATIVE ASSISTANT $112.19 100: FIRE DEPARTMENT Fire - ADMINISTRATIVE TRAINING CAPT $317.03 100: FIRE DEPARTMENT Fire - BATTALION CHIEF $302.11
100: FIRE DEPARTMENT Fire - EMS MANAGER $169.96
100: FIRE DEPARTMENT Fire - FIRE CAPTAIN $271.56
100: FIRE DEPARTMENT Fire - FIRE CHIEF $319.52
100: FIRE DEPARTMENT Fire - FIRE ENGINEER $233.67
100: FIRE DEPARTMENT Fire - FIRE MARSHAL $192.08
100: FIRE DEPARTMENT Fire - FIRE PREVENTION ANALYST $144.73 100: FIRE DEPARTMENT Fire - FIREFIGHTER/PARAMEDIC $210.27 100: FIRE DEPARTMENT Fire - MANAGEMENT AIDE $128.99
100: HUMAN RESOURCES HR - HR TECHNICIAN $71.50
100: HUMAN RESOURCES HR - HUMAN RESOURCES ANALYST $101.74 100: HUMAN RESOURCES HR - HUMAN RESOURCES DIRECTOR $225.48 100: HUMAN RESOURCES HR - HUMAN RESOURCES MANAGER $160.77 100: HUMAN RESOURCES HR - SENIOR HUMAN RESOURCES ANALYST $135.35 100: PARK MAINTENANCE Park Maint - DIRECTOR OF PUBLIC WORKS $362.10 100: PARK MAINTENANCE Park Maint - IRRIGATION TECHNICIAN $114.33 100: PARK MAINTENANCE Park Maint - LANDSCAPE INSPECTOR/PLAYGROUND SAFETY $151.70 100: PARK MAINTENANCE Park Maint - MAINTENANCE WORKER II (CHEMAPP) $125.45 100: PARK MAINTENANCE Park Maint - PUBLIC SERVICES SUPERVISOR $184.18 100: POLICE DEPARTMENT Police - CHIEF OF POLICE $346.74 100: POLICE DEPARTMENT Police - COMMUNITY SERVICES OFFICER $102.42 100: POLICE DEPARTMENT Police - CRIME ANALYST $146.94
100: POLICE DEPARTMENT Police - DISPATCHER $108.71
100: POLICE DEPARTMENT Police - DISPATCHER - JOB SHARE $67.58 100: POLICE DEPARTMENT Police - FORENSIC AND ID TECH $116.62 100: POLICE DEPARTMENT Police - LEAD DISPATCHER $106.43 100: POLICE DEPARTMENT Police - LEAD RECORDS CLERK $105.02 100: POLICE DEPARTMENT Police - POLICE CADET $29.82
100: POLICE DEPARTMENT Police - POLICE CAPTAIN $360.70
100: POLICE DEPARTMENT Police - POLICE CORPORAL $232.68 100: POLICE DEPARTMENT Police - POLICE LIEUTENANT $316.20
23 Comprehensive User Fee Study
City of Fountain Valley - User Fee
Fully Burdened Hourly Rate Calculation
Department Title
Fully Burdened
Hourly Rate
100: POLICE DEPARTMENT Police - POLICE OFFICER $192.50
100: POLICE DEPARTMENT Police - POLICE RECRUIT $69.22
100: POLICE DEPARTMENT Police - POLICE SERGEANT $282.63 100: POLICE DEPARTMENT Police - RECORDS CLERK II $99.91 100: POLICE DEPARTMENT Police - RECORDS CLERK II-JOB SHARE $85.34 100: POLICE DEPARTMENT Police - SECRETARY $118.62
100: POLICE DEPARTMENT Police - SUPPORT SERVICES MANAGER $173.28 100: POLICE DEPARTMENT Police - SUPPORT SERVICES SUPERVISOR $137.17 100: PURCHASING Purchasing - FINANCE DIRECTOR $209.07
100: PURCHASING Purchasing - MANAGEMENT ANALYST-FINANCE $142.53 100: RECREATION & COMMUNITY SVCS Rec - COMMUNITY SERVICES DIRECTOR $418.14 100: RECREATION & COMMUNITY SVCS Rec - COMMUNITY SERVICES MANAGER $282.53 100: RECREATION & COMMUNITY SVCS Rec - COMMUNITY SERVICES SUPERVISOR $200.75 100: RECREATION & COMMUNITY SVCS Rec - COMMUNITY SVCS SUPERVISOR $166.88 100: RECREATION & COMMUNITY SVCS Rec - OFFICE SPECIALIST II $54.80 100: RECREATION & COMMUNITY SVCS Rec - REC AND COMM SVCS MANAGER $299.64 100: RECREATION & COMMUNITY SVCS Rec - RECREATION COORDINATOR $133.98 100: RECREATION & COMMUNITY SVCS Rec - RECREATION LEADER $43.84 100: RECREATION & COMMUNITY SVCS Rec - RECREATION SPECIALIST $48.54 100: RECORDS MANAGEMENT Records - CITY CLERK ADMINISTRATOR $208.38 100: RECORDS MANAGEMENT Records - CUSTOMER SERVICE REPRESENATIVE $51.02 110: INFORMATION PROCESSING Fund 110 - INFO SYSTEMS MANAGER $137.37 110: INFORMATION PROCESSING Fund 110 - INFO SYSTEMS TECH $82.27 110: INFORMATION PROCESSING Fund 110 - INFO TECHNOLOGY ANALYST $71.78 110: INFORMATION PROCESSING Fund 110 - INFORMATION TECHNOLOGY DIRECTOR $144.47 110: INFORMATION PROCESSING Fund 110 - SENIOR IT ANALYST $104.01 111: GOVERNMENT BUILDINGS Fund 111 - ADMINISTRATIVE SPECIALIST-JS $118.31 111: GOVERNMENT BUILDINGS Fund 111 - FIELD SERVICES MANAGER $363.64 111: GOVERNMENT BUILDINGS Fund 111 - FOREMAN-GOVT BUILDINGS $186.92 111: GOVERNMENT BUILDINGS Fund 111 - INTERNAL SERVICES SUPERVISOR $247.62 111: GOVERNMENT BUILDINGS Fund 111 - MAINTENANCE WORKER II $162.24 111: GOVERNMENT BUILDINGS Fund 111 - MANAGEMENT AIDE $194.20 111: GOVERNMENT BUILDINGS Fund 111 - SR MANAGEMENT ANALYST-PW $240.25 112: FLEET MANAGEMENT Fund 112 - FOREMAN - FLEET $182.52 112: FLEET MANAGEMENT Fund 112 - INTERNAL SERVICES SUPERVISOR $231.27 112: FLEET MANAGEMENT Fund 112 - MECHANIC $175.26
230: CDBG/HUD Fund 230 - CODE ENFORCEMENT OFFICER $139.45 230: CDBG/HUD Fund 230 - COMMUNITY DEVELOPMENT DIRECTOR $340.11 230: CDBG/HUD Fund 230 - HOUSING COORDINATOR $206.40
230: CDBG/HUD Fund 230 - HOUSING TECHNICIAN $140.34
231: FOUNTAIN VALLEY HOUSING AUTHOR Fund 231 - COMMUNITY DEVELOPMENT DIRECTOR $324.21 231: FOUNTAIN VALLEY HOUSING AUTHOR Fund 231 - HOUSING COORDINATOR $196.75 231: FOUNTAIN VALLEY HOUSING AUTHOR Fund 231 - HOUSING TECHNICIAN $133.78 500: WATER UTILITY FUND Fund 500 - ACCOUNTING MANAGER $181.57 500: WATER UTILITY FUND Fund 500 - ACCOUNTING TECHNICIAN I $86.57 500: WATER UTILITY FUND Fund 500 - ACCOUNTING TECHNICIAN II $78.96 500: WATER UTILITY FUND Fund 500 - ADMINISTRATIVE SPECIALIST-JS $80.95
24 Comprehensive User Fee Study
City of Fountain Valley - User Fee
Fully Burdened Hourly Rate Calculation
Department Title
Fully Burdened
Hourly Rate
500: WATER UTILITY FUND Fund 500 - ASSISTANT ENGINEER $138.08 500: WATER UTILITY FUND Fund 500 - BUDGET MANAGER $176.13 500: WATER UTILITY FUND Fund 500 - CITY CLERK ADMINISTRATOR $208.16 500: WATER UTILITY FUND Fund 500 - DEPUTY PUBLIC WORKS DIRECTOR $272.29 500: WATER UTILITY FUND Fund 500 - DIRECTOR OF PUBLIC WORKS $333.08 500: WATER UTILITY FUND Fund 500 - ENGINEERING ASSOCIATE $176.56 500: WATER UTILITY FUND Fund 500 - ENGINEERING TECH III $39.71 500: WATER UTILITY FUND Fund 500 - ENVIRONMENTAL SERVICES ADMIN $156.35 500: WATER UTILITY FUND Fund 500 - EQUIPMENT OPERATOR II WATER - N CERT $128.67 500: WATER UTILITY FUND Fund 500 - FIELD SERVICES MANAGER $248.80 500: WATER UTILITY FUND Fund 500 - FINANCE DIRECTOR $295.38 500: WATER UTILITY FUND Fund 500 - FOREMAN - WATER $141.33 500: WATER UTILITY FUND Fund 500 - FOREMAN WATER PRODUCTION $140.62 500: WATER UTILITY FUND Fund 500 - MAINTENANCE WORKER I $36.82 500: WATER UTILITY FUND Fund 500 - MAINTENANCE WORKER II - CERTIFIED $108.50 500: WATER UTILITY FUND Fund 500 - MAINTENANCE WORKER II - WATER $102.67 500: WATER UTILITY FUND Fund 500 - MAINTENANCE WRKR II-WTR NOCERT $113.50 500: WATER UTILITY FUND Fund 500 - MANAGEMENT AIDE $125.67 500: WATER UTILITY FUND Fund 500 - PUBLIC WORKS INSPECTOR $153.83 500: WATER UTILITY FUND Fund 500 - SR ACCOUNTING TECHNICIAN $120.87 500: WATER UTILITY FUND Fund 500 - SR MANAGEMENT ANALYST-PW $164.38 500: WATER UTILITY FUND Fund 500 - WATER QUALITY TECHNICIAN $136.22 500: WATER UTILITY FUND Fund 500 - WATER SUPERVISOR $184.43 500: WATER UTILITY FUND Fund 500 - WATER SUPERVISOR DISTRIBUTION $174.81 500: WATER UTILITY FUND Fund 500 - WATER SYSTEM OPERATOR $134.92 501: SEWER ASSESSMENT Fund 501 - ADMINISTRATIVE SPECIALIST-JS $93.60 501: SEWER ASSESSMENT Fund 501 - ASSISTANT ENGINEER $159.65 501: SEWER ASSESSMENT Fund 501 - DEPUTY PUBLIC WORKS DIRECTOR $314.83 501: SEWER ASSESSMENT Fund 501 - DIRECTOR OF PUBLIC WORKS $385.12 501: SEWER ASSESSMENT Fund 501 - ENGINEERING ASSOCIATE $204.14 501: SEWER ASSESSMENT Fund 501 - ENGINEERING TECH III $45.91 501: SEWER ASSESSMENT Fund 501 - ENVIRONMENTAL SERVICES ADMIN $180.77 501: SEWER ASSESSMENT Fund 501 - EQUIPMENT OPERATOR II $149.57 501: SEWER ASSESSMENT Fund 501 - FIELD SERVICES MANAGER $287.68 501: SEWER ASSESSMENT Fund 501 - FOREMAN - SEWER/STORM DRAINS $162.60 501: SEWER ASSESSMENT Fund 501 - FOREMAN WATER PRODUCTION $162.60 501: SEWER ASSESSMENT Fund 501 - MAINTENANCE WORKER II-WTR CERT $144.43 501: SEWER ASSESSMENT Fund 501 - MANAGEMENT AIDE $141.14 501: SEWER ASSESSMENT Fund 501 - PUBLIC WORKS INSPECTOR $177.86 501: SEWER ASSESSMENT Fund 501 - SEWER/STORM DRAIN SUPERVISOR $209.55 501: SEWER ASSESSMENT Fund 501 - SR MANAGEMENT ANALYST-PW $190.07 500: WATER UTILITY FUND Fund 500 - MAINTENANCE WORKER II-WTR CERT $124.91
25 Comprehensive User Fee Study
Appendix C – Cost Recovery Analysis
The following tables provide the results of the analysis, resulting full cost recovery amount, and recommended fees. For fees, services, and penalties in which the full cost, existing fee, and suggested fee is listed as “NA,” the amount or percentage was not calculable. This is most common when either the current or the suggested fee includes a variable component that is not comparable on a one-to-one basis, a full cost was not calculated (for penalties, fines, market-based fees, or items not included in the study), or when there is not a current fee amount to compare against.
General and Administrative
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Fee Δ Labor
All request for services requiring City Staff will be billed as indicated in the most recent Outside Billing Rate Schedule.
NA NA
All request for services requiring City Staff will be billed as indicated in the most recent Outside Billing Rate Schedule. $0
Copies - Anyone requesting copies of City documents will be charged 10 cents per copy. $0.10 per copy $0.10 0% $0.10 $0
Driving Under the Influence
Anyone arrested for driving under the influence of any substance will be billed as indicated in the most recent Outside Billing Rate schedule and for any actual costs incurred.
NA NA
Anyone arrested for driving under the influence of any substance will be billed as indicated in the most recent Outside Billing Rate schedule and for any actual costs incurred. $0
General Overhead Rate 7.51% will be applied to all billable services. 28% 64% 10.00% 2.49%Chapter 1.13 Administrative Citations
1.13.070(b) Administrative Citation
1st Violation $100.00 Set by Muni Code NA NA $100 $0
2nd Violation within year $200.00 Set by Muni Code NA NA $200 $0 Each Additional Violation within year $500.00 Set by Muni Code NA NA $500 $0
1.13.070(c) Building and Safety Code Violations
1st Violation $130.00 Set by Muni Code NA NA $130.00 $0 2nd Violation within year $700.00 Set by Muni Code NA NA $700.00 $0 Each Additional Violation within year $1,300.00 Set by Muni Code NA NA $1,300.00 $0 Each Additional Violation within 2 years (Commercial Property) $2,500.00 Set by Muni Code NA NA $2,500.00 $0
1.13.070(d) Short-Term Rental Violations
1st Violation $1,500.00 Set by Muni Code NA NA $1,500.00 $0 2nd Violation within year $3,000.00 Set by Muni Code NA NA $3,000.00 $0 Each Additional Violation within year $5,000.00 Set by Muni Code NA NA $5,000.00 $0Chapter 3.24 - Charges for Legal Services
3.24.020
Whenever legal services are requested of the city attorney by a person, firm, corporation or other organization or entity to bring a property or use in compliance with this code or with other applicable laws or for any other reason related to city business, the amount paid to the city attorney pursuant to the terms of his then current contract shall be billed and charged to such person, firm, corporation or other organization or entity. Notice of the provisions of this chapter shall be given to the party requesting the legal services before the services are rendered. $385.00 per hour $401.67 0% $401.00 $16
Chapter 10.64 - Bicycles
10.64.070 Fees
Issuance of original and new license: No Charge $41.29 100% No Charge $0 Sale or transfer of bicycle: $1.00 $41.29 98% $1.00 $0Change of address on licensing: No Charge $41.29 100% No Charge $0 Replacement of lost or stolen license receipt or bicycle plate: $1.00 $41.29 98% $1.00 $0Release of impounded bicycle: $5.00 $41.29 88% $5.00 $0
10.64.110 Bicycle Code Violation $500.00 per violation Set by Muni Code NA NA $500.00 $0
26 Hourly Rates by Service
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Fee Δ 1 Engineering Services $138.00 $166.98 1% $166.00 $282 Engineering Services (After Hours/2 Hours Minimum) $277.00 $333.96 0% $333.00 $56 3 Finance Department $145.00 $144.26 0% $144.00 -$14 Fire - Engine Co. (4 Person Crew) $684.00 $923.72 0% $923.00 $2395 Fire Hourly Rate $171.00 $230.93 0% $230.00 $596 Police - Non Sworn $73.00 $121.51 0% $121.00 $487 Police - Sworn $118.00 $257.24 0% $257.00 $1398 Public Works $138.00 $166.98 1% $166.00 $289 Public Works - Field Services (Tree Maintenance) $151.00 $136.43 0% $136.00 -$1510 Utility - Customer Service $87.00 $51.02 0% $51.00 -$36 11 Water - Field Services $109.00 $248.80 0% $248.00 $13912 Water - Field Services (After Hours/2 Hours Minimum) $218.00 $497.61 0% $497.00 $279
27 Finance
Item No. Title Current Fee/Charge Unit Notes Full Cost Subsidy % Suggested Fee Fee Δ Chapter 3.08 Transient Occupancy Tax (TOT)
3.08.030 Imposition of Transient Occupancy Tax
City-Wide TOT Rate 9% NA NA 9% $0
3.08.080 TOT Penalties and Interest
Original Delinquency (1- 29 Days) 10% of Amount Due NA NA 10% $0 Continued Delinquency (30+ Days) Additional 10% of Amount Due NA NA Additional 10% $0 Delinquency due to Fraud Additional 25% of Amount Due NA NA Additional 25% $0 Interest 0.5% of Amount Due per month NA NA 0.5% $0
3.08.140 TOT Code Violation
Penalty $500.00 NA NA $500.00 $0
Title 4 - Business Permit Rules and Regulations
4.04.120 Appeal - Council
Right to Appeal. Any person aggrieved by any decision of the City Manager, may appeal the decision to the City Council. The application to appeal shall be accompanied by a non-refundable fee for business $1,975.00 $2,033.05 2% $2,000.00 $25
Right to Appeal. Any person aggrieved by any decision of the City Manager, may appeal the decision to the City Council. The application to appeal shall be accompanied by a non-refundable fee of for individuals per application $880.00 $1,001.83 0% $1,000.00 $120
4.04.130 Permit Validity Period & Renewal
Late Penalties:
10% per month not to
exceed 100% of permit
cost.
NA NA
10% per month not to exceed 100% of permit cost.
$0
4.04.170 Business Permit Code Violation
Code Violation $1,000.00 Per Day NA NA $1,000.00 $0Chapter 4.08 - Merchant Patrol
4.08.040 Permit—Specific application information and fee Investigation Fee $374.00 plus fingerprinting $364.01 0% $364.00 -$10 Chapter 4.15 - Dances
4.15.020 Permit—Specific application information and fee Investigation Fee $374.00 $364.01 0% $364.00 -$10Subsequent Request w/no material difference $315.00 $291.88 0% $291.00 -$24Chapter 4.20 - Solicitors and Peddlers
4.20.050 Permit—Specific application information and fee Investigation Fee $315.00 plus fingerprinting $333.63 0% $333.00 $18Chapter 4.30 - Poolrooms and Billiard Halls
4.30.010 Permit—Specific application information and fee Investigation Fee $374.00 annually, plus the cost of fingerprinting $364.01 0% $364.00 -$10 Chapter 4.32 - Taxi Regulations
4.32.070
The City of Fountain Valley has an inter-agency agreement with the Orange County Transportation Authority and participates in the Orange County Taxi Administration Program (OCTAP), therefore, rates, fees, charges, standards, etc. are established by OCTAP. The following approximate costs are associated with obtaining your OCTAP Taxicab Driver's Permit: Application Fee $120.00 Paid to OCTAP to cover Administrative Costs NA NA $120.00 $0 Livescan Fingerprinting Fee $59.00 Paid to City of Fountain Valley $59.00 0% $59.00 $0 Background Fee $32.00 Paid to Department of Justice (subject to change) NA NA $32.00 $0 Drug Screen $90.00 Varies by lab, may be paid by employer $90.00 0% $90.00 $0 Chapter 4.37 - Sexually Oriented/Adult Businesses
4.37.060 Application Requirements
Non-Refundable Deposit and Permit Administration FeesAdministration Fees: Owner $794.00 + cost of fingerprinting $920.59 0% $920.00 $126Administration Fees: Each Additional Owner $374.00 + cost of fingerprinting $364.01 0% $364.00 -$10
4.37.110 Permit renewal
Renewal Fees: Owner $675.00 $648.07 0% $648.00 -$27