City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: JUNE 27, 2023 FROM: COMMUNITY & ECONOMIC DEVELOPMENT WARD: 3 DEPARTMENT SUBJECT: PR-2022-001326 REZONE, CONDITIONAL USE PERMIT AND DESIGN REVIEW – TO CONSTRUCT A 2,913-SQUARE FOOT DRIVE-THRU RESTAURANT (RAISING CANE’S CHICKEN FINGERS): 1) REZONE REQUEST TO AMEND THE ZONING DESIGNATION FROM CR-SP – COMMERCIAL RETAIL AND SPECIFIC PLAN (MAGNOLIA AVENUE) OVERLAY ZONES, CG-SP – COMMERCIAL GENERAL AND SPECIFIC PLAN (MAGNOLIA AVENUE) OVERLAY ZONES, AND O-SP – OFFICE AND SPECIFIC PLAN (MAGNOLIA AVENUE) OVERLAY ZONES TO MU-V-SP – MIXED-USE VILLAGE AND SPECIFIC PLAN (MAGNOLIA AVENUE) OVERLAY ZONES; 2) CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU RESTAURANT; AND 3) DESIGN REVIEW OF PROJECT PLANS.
ISSUE:
Approve Planning Case PR-2022-001326 (Rezone, Conditional Use Permit, Design Review) to facilitate the construction of a 2,913-square foot drive-thru restaurant at 4100 Central Avenue, situated south of Central Avenue between School Circle Drive and Brockton Avenue.
RECOMMENDATIONS:
That the City Council:
Determine that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, as the project will not have a significant effect on the environment; Approve Planning Case PR-2022-001326 (Rezone, Conditional Use Permit and Design Review) based on the findings outlined in the staff report and summarized in the attached findings and subject to the recommended conditions; and Introduce and subsequently adopt the attached Ordinance amending the Zoning of approximately 0.93-acres from CR-SP – Commercial Retail and Specific Plan (Magnolia Avenue) Overlay Zones, CG-SP – Commercial General and Specific Plan Magnolia Avenue) Overlay Zones, and O-SP – Office and Specific Plan (Magnolia Avenue) Overlay Zones to MU-V-SP – Mixed-Use Village and Specific Plan (Magnolia Avenue) Overlay Zones.
PLANNING COMMISSION RECOMMENDATION:
On June 8, 2023, the City Planning Commission recommended approval of Planning Case PR- 2022-001326, by a vote of 6 ayes, 2 noes, 1 absent, and 0 abstention, with the following additions to the recommended conditions of approval (Attachments 2, 3, and 4).
The project shall construct a raised curb median improvement at the project driveway and its intersection with Central Avenue in order to facilitate right-in and right-out only vehicular access movements; and Applicant shall remove any graffiti on the project site within 48 hours of the incident being reported to City of Riverside Code Enforcement.
BACKGROUND:
The 0.93-acre project site is currently developed with a 22,960 square-foot, two-story multi-tenant commercial office building consisting of retail, pharmacy, and medical office uses. The project includes a 0.31-acre off-site surface parking lot that is currently developed with 24 parking stalls, outdoor lighting, and landscaping.
Surrounding land uses include commercial and office uses to the north, south, east and west, and residential uses directly adjacent to the south and to the north (across Central Avenue).
For additional background and findings, please refer to the June 8, 2023, City Planning Commission staff report, recommended conditions of approval and minutes (Attachment 2 and 3).
DISCUSSION:
The applicant is requesting approval of a Rezone, Conditional Use Permit and Design Review to facilitate the construction of a 2,913-square foot drive-thru restaurant (Raising Cane’s Chicken Fingers), 25 onsite parking stalls and landscaping.
The existing multi-tenant commercial building onsite will be demolished.
The proposed 1,089 square-foot drive-thru restaurant includes indoor and outdoor dining, drive- thru lanes with stacking capacity for approximately 23 vehicles, a drive-thru screen wall along the Central and Brockton Avenue frontages, and a total of 49 parking spaces. Of the 49 parking spaces, 24 are located in an off-site parking lot, primarily intended for employee parking.
Building elevations reflect a contemporary architectural style consisting of stucco, brick, and metal panels. The project includes a 19-foot-high screen wall along the Central Avenue and Brockton Avenue frontages to screen the drive-thru lanes. The design of the wall emulates the building façade and incorporates similar building materials as the primary restaurant building. The applicant proposes to incorporate interactive art at the northeast corner of the property, visible to the Brockton/Magnolia/Central intersection.
Vehicle access to the project site will be provided by a two-way driveway on School Circle Drive and a two-way driveway on Central Avenue. The driveway along Central Avenue is proposed as a right-in/right-out driveway only. The off-site parking lot will continue to be accessed by an existing two-way driveway from School Circle Drive.
The drive-thru restaurant is anticipated to operate seven days a week from 9:00 a.m. to 3:30 a.m. Up to 50 employees are anticipated to be employed by the proposed restaurant, with an average of 12 employees per shift. As a matter of information, no modifications are proposed for the off-site parking lot.
At the June 8, 2023, CPC meeting, Planning Commissioners expressed concerns related to existing and proposed traffic congestion at the intersection of Central/Brockton/Magnolia Avenues, drive-thru queuing concerns as it relates to stacking off-site, operational noise and graffiti removal.
In response to traffic, traffic impact analyses were prepared for the proposed project, which reflected no traffic-related impacts. Additionally, the project provides a queuing capacity for up to 23 vehicles exceeding the Zoning Code requirement for queuing 10 vehicles. Furthermore, a condition of approval has been added, requiring the project to complete a queueing evaluation study six months after the Certificate of Occupancy. In response to operational noise, a Noise Study was conducted as part of the entitlement process. The Noise Study assessed operational noise impacts from the voice order boxes on adjacent sensitive receptors. Because of the onsite placement of the voice order boxes towards the east end of the property, the placement of existing and proposed walls, noise generated from the project, meets the thresholds of the Noise Code.
In response to graffiti, the Planning Commission elected to add a condition of approval regarding the removal of any graffiti within 48-hours or being reported.
PUBLIC COMMENT:
Public hearing notices were mailed to property owners within 300 feet of the site. As of the writing of this report, two comment letters have been received by Planning Staff. Staff received one letter in support for the project and one letter in opposition. The letter in opposition discusses concerns related to traffic congestion, specifically at the intersection of Magnolia/Central/Brockton Avenues. Approved traffic impact analyses, which include Level of Service (LOS) and Vehicle Miles Traveled (VMT) show no significant traffic impacts to the environment.
STRATEGIC PLAN ALIGNMENT:
This project contributes to Strategic Priority 3 – Economic Opportunity and Goal 3.3 – Cultivate a business climate that welcomes innovation, entrepreneurship and investment; and Goal 3.4 - Collaborate with key partners to implement policies and programs that promote local business growth and ensure equitable opportunities for all.
This item aligns with each of the five Cross-Cutting Threads as follows:
Community Trust: The proposed project will be reviewed at a public meeting held by the City Planning Commission and the public is able to provide comments. In addition, the applicant conducted a community outreach meeting on May 2, 2023.
Equity: The proposed project will provide a service available to all residents and visitors of the City.
Fiscal Responsibility: All project costs are borne by the applicant and will increase business tax revenue to the City when the drive-thru restaurant is open for business.
Innovation: The proposed project revitalizes arterial streets and provides a mix of uses to the City.
Sustainability and Resiliency: All new construction will meet the most up-to-date Building Codes.
FISCAL IMPACT:
There is no fiscal impact related to this report as all costs are borne by the applicant.
Prepared by: Jennifer A. Lilley, Community & Economic Development Director Certified as to
availability of funds: Edward Enriquez, Assistant City Manager/Chief Financial Officer/City Treasurer
Approved by: Rafael Guzman, Assistant City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Attachments:
Ordinance Amending the Zoning Map
City Planning Commission Report and Exhibits– June 08, 2023 City Planning Commission Recommended Conditions – June 08, 2023 City Planning Commission Minutes – June 08, 2023
Noise Memo
Presentation
PR-2022-001326 (RZ,CUP,DR) ● Page 2