This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15301(a), Class 1: "Existing Facilities" of the CEQA Guidelines as it consists of minor alterations to a site that is developed with an industrial use that will not be expanded. Proposed changes include widening an existing driveway to allow for truck ingress and egress and reconfiguring the on-site parking spaces and landscaping.

The project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The cumulative impact of this project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The project is not located along any state-designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of the project.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, APPROVING MODIFICATION 24-0005 TO AMEND PLANNED COMMERCIAL-INDUSTRIAL PRECISE PLAN 10-01 TO ALLOW FOR DIRECT TRUCK ACCESS AT 1111 SOUTH HARBOR BOULEVARD, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, CLASS 1: “EXISTING FACILITIES” OF THE CEQA GUIDELINES

The applicant, CVS Pharmacy, Inc., represented by Brandon Wolfe of EPD Solutions, is requesting to amend previously-approved Planned Commercial-Industrial Precise Plan 10-01 to allow for direct truck access to the subject property, located at 1111 South Harbor Boulevard, from Harbor Boulevard. The City Council resolution approving Precise Plan 10-01 (see Attachment 3) includes the following condition of approval (General Condition No. 8), which provides for Planning Commission review of this request:

“The applicant/property owner shall utilize the CVS facility internal circulation pattern for all truck traffic which entails all trucks enter and exit the complex via the adjacent property at 777 to 1105 South Harbor Boulevard at the controlled location at the signalized intersection of Edwards Drive/Beckman Drive and Harbor Boulevard. No trucks are permitted to utilize the driveways at 1111-1121 South Harbor Boulevard (subject site) at any time. At such time as any of the CVS properties are sold which will result in a change of the truck internal circulation pattern, an application to modify this precise plan shall be submitted to the Planning Commission for consideration.”
 

As shown in Exhibit 1, the CVS Caremark facility is located on the west side of Harbor Boulevard, and extends from East Lambert Road, to approximately 250 feet north of Imperial Highway; the subject 14.75-acre project site is outlined in green. Properties on the east side of Harbor Boulevard are within the City of Fullerton.  The city boundary is shown as a dashed red line, which divides Harbor Boulevard at the street centerline.

EXHIBIT 1 - VICINITY MAP

The General Plan designates the subject property for Commercial Industrial land use. The property is located within the PC-I Planned Commercial-Industrial Zone, which implements the Commercial Industrial land use designation. The existing industrial building on the subject site is used by CVS Caremark to supplement their warehousing and distribution operations that occur on the adjoining property to the north. The applicant has informed staff that CVS Caremark will continue to use the existing industrial building on the subject site for at least the next three years, but they would like to eventually limit their operations to the north property only in order to sell the subject site to the south for use by another, independent industrial use.  Table 1 shows the General Plan land use designations, zoning, and existing land uses for each of the surrounding properties:

As outlined above, the subject site is not directly adjacent to any residential uses or sensitive receptors. The closest dwelling units are located across Imperial Highway and south of the existing flood control channel.

The subject site was originally developed with a warehouse building in 1952; however, various additions were made to the site between 1952 and 2010, which, by 2010, resulted in the site consisting of a 7,384-square-foot maintenance/office building and a 207,583-square-foot warehouse building. On December 13, 2010, the Planning Commission adopted Resolution No. 10-35, recommending that the City Council approve Planned Commercial-Industrial Precise Plan 10-01 to demolish the on-site structures and construct a new 213,000 square foot warehouse building. On March 21, 2011, the City Council approved Resolution No. 5455, approving Planned Commercial-Industrial Precise Plan 10-01. As noted above, the resolution approving the Precise Plan included a condition of approval limiting truck access to the subject property from Harbor Boulevard.

Exhibit 2 shows the existing site plan. There are two driveways located along Harbor Boulevard; the southern driveway currently allows for a right turn in and a right turn-out for standard-sized vehicles traveling south along Harbor Boulevard and the northern driveway provides for the exit of trucks only. The site plan below shows truck-turning templates that demonstrate how trucks maneuver throughout the site. 

On September 23, 2024, the applicant submitted an application for approval of Modification 24-0005 to amend Planned Commercial-Industrial Precise Plan 10-01 to remove Condition No. 8 and make site improvements in order to allow direct truck access from Harbor Boulevard. In order to facilitate direct truck access, the applicant is proposing to widen the subject property's existing northern driveway. The proposed modification to the driveway would neccessitate reconfiguration of the adjacent on-site parking and landscaping. The applicant has not proposed to expand the existing industrial use or change the southern driveway. The applicant has provided a site plan as Exhibit 3, showing how a southbound truck would be able to complete a right turn in with truck movement area shaded in blue or complete a right turn out, with truck movement area shaded in red. 

As shown in Exhibit 4, there is an existing left-turn lane available for vehicles traveling north on Harbor Boulevard. The left-turn pocket has stacking available for one truck. The applicant highlighted in green how a truck may successfully maneuver to the site from the left-turn lane. The east side (northbound lanes) on Harbor Boulevard are within the jurisdiction of the City of Fullerton.  Staff worked in conjunction with the City of Fullerton to determine if the modified ingress / egress, including northbound traffic entering the site from the east side of Harbor Boulevard, could be permitted. The City of Fullerton agreed to the proposed driveway modifications and drafted a Letter of Support with conditions, which were incorporated into the conditions of approval (See Attachment No. 6).  

As shown below in Exhibit 5, the applicant is proposing the following modifications to the northern corner of the subject property:

As shown in Exhibit 6 below, the truck access reconfiguration has been designed with on-site queuing for up to three delivery trucks. Two delivery trucks outside the gate prior to entering the site and one adjacent to the entrance queue in “pocket” created by increasing the width and depth of the driveway approach by 45 feet in each direction.  Further, the applicant and CVS Caremark have proposed protocols in the event of a gate failure or delivery or queuing mishap as follows:

Facility Access During Off-Hours: A dedicated 24-hour phone number will be posted at the gate. Drivers arriving outside of regular operating hours must call this number. Upon verification, the gate will automatically open, allowing access to the facility. Otherwise, it is expected that a truck that inadvertently enters the site will turn around onsite to leave.

Truck Queue During Gate Failure: There are three designated queuing spaces for trucks in the event of a gate failure. If all three spaces are occupied, the operator would be required to cone off the driveway until the gate issue is resolved. Trucks in the queue must remain in place until the gate is functioning again. A gate repair crew will be available on-call. If the gate failure cannot be resolved, a flag crew will be deployed to direct trucks out of the driveway.

The City’s Traffic Consultant has reviewed the applicant’s plans showing the truck turning movements in the northern driveway and within the site, and has determined that the proposed layout demonstrates that direct truck access into the subject site can be sufficiently accommodated. The City of Fullerton’s Traffic Engineer reviewed the proposed modifications and issued a Letter of Support with conditions, which were incorporated into the conditions of approval (See Attachment No. 6).  Those conditions include:

Per the conditions of approval, the applicant will be required to install the signage required by the conditions of approval. 

Modification 24-0005 does not involve any interior modifications or exterior physical expansion to the building and/or site.  The modification is focused on the entrance to the site being reconfigured to accommodate truck traffic queuing and ingress / egress. Per La Habra Municipal Code (LHMC) Section 18.36.040, development within the PC-I Planned Commercial Industrial Zone is subject to compliance with the development standards of the M-1 Zone. The summary table below specifies how the existing establishment will continue to comply with the City's required development standards.

 
Under Planned Commercial-Industrial Precise Plan 10-01, the site was approved with 218 car parking spaces. However, staff discovered that the parking stalls were never striped to comply with the original approval. During the application review process, it was discovered that all required vehicle parking spaces were not developed, and the site had an existing parking deficit.  Under the current application for Modification 24-0005, the applicant has redesigned the site parking to accommodate all parking required by LHMC Sections 18.14.060(B)(4) and 18.14.060(C), which require one parking space per 1,000 square feet of warehouse space (208,850 square feet) and 3.3 parking spaces per 1,000 square feet of office space (4,350 square feet) for a total of 224 required car parking stalls. The applicant has submitted a proposed parking lot layout, shown below in Exhibit 7, which staff believe meets the intent of the approved Precise Plan.  Per Exhibit 7, under the proposed plan, total onsite parking will consist of 224 standard-sized parking spaces, including seven accessible spaces.  In addition, the applicant is also providing 130 truck trailer parking spaces. 

The applicant proposes to remove approximately 1,062 square feet of landscaping; approximately 500 square feet of this landscaping will be relocated and will include the replacement of two trees. Modification 24-0005 proposes 13.6 percent landscape coverage for the parking lot which exceeds the minimum requirement of seven percent landscape coverage. Per LHMC Section 18.14.070(D)(3)(a)(i), the project requires a minimum 15-foot landscape along the entire frontage of Harbor Boulevard.  The existing site was developed with a 20-foot wide landscaped frontage, which the applicant will retain, except for modifications to the driveway approach in order to accommodate the enhanced access from Harbor Boulevard. In this location, the applicant proposes to shorten the landscape frontage and planter areas adjacent to the building by as much as 45-feet to accommodate the increased driveway width.  The areas shown in green above in Exhibit 7 will be landscaped with the same type of landscaping previously-approved under Planned Commercial Industrial Precise Plan 10-01. Two trees will be removed and replaced with new, like-kind minimum 24-inch box trees.

To approve Modification 24-0005 for Commercial-Industrial Precise Plan 10-01, the Planning Commission must make the findings required for approval of a precise plan as set forth in LHMC Section 18.36.100 (Precise Plan Approval and Findings). Following each finding is Staff's analysis of the proposed project's ability to meet the required findings.
 

1. The location, design and proposed uses are compatible with the character of existing development in the vicinity.
The subject site is an existing warehouse owned and operated by CVS Caremark since the Precise Plan approval in 2010. Modification 24-0005 involves modification of the site entrance, reconfiguration of the landscaping, and parking. There are no proposed changes to the design of the existing warehouse building or to the use of the subject site. Therefore, the location, design and proposed uses are compatible with the character of existing development in the vicinity.

2. The plan for development will produce internally an environment of stable and desirable character, and not tend to cause any traffic congestion on surrounding or access streets.
The proposed modification involves reconfiguration of landscaping, truck and vehicle parking, site ingress and egress at South Harbor Boulevard.  Specifically, the northern entrance to the site is proposed to be expanded by 45 feet in width and 45 feet in depth. The expanded driveway and approach allow for onsite queuing of three trucks. Additionally, the Project has been conditioned to allow for better circulation by requiring the access gate to remain open or actively managed during all operational hours.  Therefore, the Project will produce, internally, an environment of stable and desirable character, and not tend to cause any traffic congestion on surrounding or access streets.

3. The standards of development applicable to the planned commercial-industrial development project as shown on the precise plan are subject to one of the following or any combination thereof: 1. All of the development standards of the appropriate zone which would permit the requested land use, 2. Such standards of development which are clearly designated in the approved master plan.
Planned Commercial-Industrial Precise Plan 10-01 implements all of the development standards of the Light Industrial (M-1) Zone as required by LHMC Sections 18.36.040 and 18.36.050. The proposed changes allow direct truck access from South Harbor Boulevard to the subject site.  This modification allows for truck queuing and stacking and more organized flow of truck traffic through the site. This enhancement to truck ingress / egress meets or exceeds the requirements of the Light Industrial (M-1) Zone and the development standards of Planned Commercial-Industrial Precise Plan 10-01. Therefore, the Project complies with the applicable development standards.
 

4. The proposed development will be well integrated into its setting.
The site was previously developed as part of an integrated complex of warehouse facilities compatible in terms of architecture, design and integrated frontages facing South Harbor Boulevard.  No changes to the existing building are proposed under Modification 24-0005. The proposed Modification 24-0005 is intended to improve on-site circulation and to allow for future truck traffic to enter the site from South Harbor Boulevard upon sale of the property. It will create independent truck access with a design that allows for queuing and stacking and improved truck traffic flow throughout the site.  Therefore, the Project will be well integrated into its setting.

5. Provision is made for both public and private open spaces, at least equivalent to that required by the underlying preceding zoning regulations.
There are no public or private open space requirements in the PCI- Planned Commercial-Industrial zone. However, per LHMC Section 18.14.070.D.3.a, the parking lot must contain a minimum of seven percent landscaping and the Applicant proposes 13.6 percent landscaping. Therefore, adequate provision is made for open spaces to the extent required.

6. Suitable provision is made, where appropriate, for the protection and maintenance of private areas reserved for common use.
There is no requirement for private areas reserved for common use applicable to this Project. Therefore, no provisions need to be made for the protection and maintenance of private areas reserved for common use.

7. The proposed development does not negatively impact the city's ability to provide services over the short and long term to city residents because the projected cost of providing city services to the property outweighs the economic benefits of the project to the city.
Modification 24-0005 will not place an undue burden or additional impact on City services. The facility will continue to function as it has since the approval of Planned Commercial-Industrial Precise Plan 10-01. The proposed modification creates a direct access point from South Harbor Boulevard and is designed in a manner consistent with the original approval. Each public safety division of the City has reviewed the Project and provided any necessary conditions of approval. All Project-related public utilities, infrastructure, and services are already in place. There is no indication that the Project will be detrimental to the public health, safety or welfare, or have any anticipated change in economic impact to the City. Therefore, the Project does not negatively impact the City’s ability to provide services over the short and long term to City residents.

8. There is substantial compliance with the spirit and intent of this code.
The Project is in substantial compliance with all of the applicable standards and implements all of the development standards of the underlying Light Industrial (M-1) Zone and the Planned Commercial-Industrial Precise Plan 10-01. The proposed modification enhances and updates this compliance specific to direct truck access to the subject property.  Therefore, the project is in substantial compliance with the spirit and intent of this code.

9. That the phasing of development under the master plan as provided for by the proposed precise plan, if any, is appropriate.
The proposed modification to Planned Commercial-Industrial Precise Plan 10-01 is for a modification of the driveway access and affected fencing, landscape and parking areas, which will be replaced or relocated. The Project is anticipated to be completed as a single phase.

10. The proposed project complies with all appropriate requirements of the California Environmental Quality Act.

The Project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15301(a), Class 1: “Existing Facilities” of the CEQA Guidelines as it consists of minor alterations to a site that is developed with an industrial use that will not be expanded. Proposed changes include widening an existing driveway to allow for truck ingress and egress and reconfiguring the on-site parking spaces and landscaping.
 

The Project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The cumulative impact of this Project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The Project is not located along any state-designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of the Project. Therefore, the Project is categorically exempt from CEQA.

The Applicant has paid for the processing costs associated with a Modification and CEQA review, which totals $4,495.00.

The Applicant’s proposal has been reviewed pursuant to the requirements of the City’s National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP), and the Model Water Quality Management Plan (WQMP), Section 7.2. Since no disturbance of soil will occur, the project is exempted by the Water Quality Ordinance from the preparation of a WQMP.