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HomeMy WebLinkAbout5 - CUP 11-4 12365 Seal Beach Blvd (In-N-Out Burger)April 20, 2011 To: Honorable Chairwoman and Members of the Planning Commission From: Department of Development Services Subject: Conditional Use Permit 11 -4 12365 Seal Beach Boulevard (In -IV -Out Burger) GENERAL DESC RIPTIO N `. w. ro nuv�w :.- .anvas�.�,axaam +:a :.ex,. vein.. .�n+�vaz:a.zmz,�r�.a.ww•as..� J OHN PUENTE JR. Owner: ROSSMOOR SHOPS, LLC Location: 12365 SEAL BEACH BOULEVARD Classification of GENERAL COMMERCIAL (GC) Property: Request: FOR THE ESTABLISHMENT OF A NEW FAST FOOD RESTAURANT WITH DRIVE - THROUGH SERVICE AND AN OUTDOOR SEATING AREA. Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Sections: 11.2.10; 11.4.05.050; 11.4.05.090 AND 11 OF THE SEAL BEACH MUNICIPAL CODE. Recommendation: APPROVAL OF CONDITIONAL USE PERMIT 11 -4, SUBJECT TO CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF, AND AS MAY BE FURTHER REVISED BY THE COMMISSION AFTER CONSIDERATION OF PUBLIC TESTIMONY, THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION 11 -6. Planning Commission Staff Report Conditional Use Permit 11 -4 12365 Seal Beach Boulevard April 20, 2011 r r r. ■ On March 14, 2011, John Puente, Jr. (the "applicant ") filed an application with the Department of Development Services for Conditional Use Permit (CUP) 11 -4 to establish a new fast food restaurant with drive - through service and an outdoor seating area within the General Commercial (GC) zone at 12365 Seal Beach Boulevard. ■ The subject property is also known as Pad "A" within the Shops at Rossmoor shopping center. ® The subject property is presently described as Orange County Assessor's Parcel # 086 - 492 -52. The lease space is approximately 250' x 171' and contains approximately 42,750 square feet. ■ The proposed new structure will be approximately 3,750 square feet in area, with a drive through lane at the south side of the structure; an outdoor dining area to the west of the structure; and solid trash enclosure to the northwest of the outdoor dining area. ■ The nearest residential properties are located approximately 600 feet to the north - northeast of the subject property, within the City of Seal Beach. a The surrounding land uses and zoning are as follows: ➢ NORTH, SOUTH, WEST, and EAST — Commercial uses within the General Commercial (GC) zone. a Sergeant Ron Lavelle with the Seal Beach Police Department has reviewed the application and has no reservations or concerns regarding the subject request. ■ The Department of Public Works has reviewed the application and has provided Planning Staff with comments and suggested conditions. ® As of April 12, 2011, the Planning Department has not received any comments or responses to the public hearing notices that were published and mailed regarding this application. Page 2 Planning Commission Staff Report Conditional Use Permit 11 -4 12365 Seal Beach Boulevard April 20, 2011 DISCUSSION The applicant is proposing to develop a vacant parcel (presently known as Pad "A ") within the Shops at Rossmoor shopping center with a new In -N -Out fast food restaurant. The project is part of the ongoing redevelopment of the Shops at Rossmoor shopping center. The applicant is requesting a Conditional Use Permit for a drive - through service window and an outdoor seating area. Traffic The primary issues of concern with this redevelopment are traffic circulation within the center and the adjacent public rights -of -way as a result of the establishment of the drive - through service window. Among fast food restaurants, In -N -Out restaurants tend to be tremendously popular and tend to generate both a high volume of business and traffic. It is not uncommon to see ten (10) or more cars within an In -N -Out drive - through lane during the peak lunch, dinner, and late night hours. To alleviate City concerns regarding potential traffic generation, drive - through queuing, and on -site parking and circulation, Staff requested that the applicant provide the City with a 'Trip Generation and On -Site Circulation Assessment' (traffic study) prepared by a certified traffic engineer. The applicant has provided such an assessment, which was prepared by the traffic engineering firm of Linscott, Law, & Greenspan (LLG). The traffic study takes into consideration the trip generation potential of the proposed use, internal site circulation, and a drive - through lane queuing analysis. In summary, the traffic study states that the proposed 3,750 square -foot In -N -Out restaurant would generate approximately 1,395 daily trips, with 10 trips produced in the A.M. peak hour and 63 trips produced in the P.M. peak hour on a typical weekday. The trip generation of the entitled land use development (which was originally approved for the proposed site when the original entitlements for the redevelopment of the shopping center were approved) totals 1,323 daily trips with 105 daily trips during the A.M. peak hour and 63 trips during the P.M. peak hour. Comparison of the trips generated by the proposed project to the trips generated by the entitled land use development shows that the proposed project will generate 72 (5 %) more trips on a daily basis, but 95 fewer trips during the A.M. peak hour and the same amount of trips during the P.M. peak hour. The daily pass -by percentage for these uses was estimated to be 25 %, which, after consulting with the City Engineer, is a reasonable figure. With regard to on -site parking and circulation, the traffic study has determined that the overall site layout does not create significant vehicle - pedestrian conflict points and that the access to the proposed project and site parking spaces will not be impacted by the Page 3 Planning Commission Staff Report Conditional Use Permit 11 -4 12365 Seal Beach Boulevard April 20, 2011 proposed drive - through lane operation. The internal circulation layout for the Shops at Rossmoor has been reviewed and is adequate to accommodate large 5 -axle trucks, service /delivery trucks, and trash trucks that would service the proposed project. Drive - Through To confirm the adequacy of storage provided as a part of the proposed In -N -Out Burger, observed queuing at various In -N -Out locations in Southern California (provided in the attachments). The evaluation of the queuing data indicated that, on average, eight (8) to nine (9) vehicles in the drive through can be expected during the mid -da�r and /or evening peak period, with an 85 percentile queue of 15 vehicles. The 85 queue represents the maximum number of vehicles than can be expected in the drive through lane during the peak period, and indicates that 85 percent of the drive - through customers will wait in a line no longer than 15 vehicles and 15 percent of the customers will wait in a queue of 16 cars or more. The proposed site plan indicates that the drive - through lane provides storage for approximately sixteen (16) vehicles without encroaching into the main north -south drive aisle which motorists will use to access the drive - through lane. According to the traffic study, the expected queues can be accommodated without interfering with internal circulation or causing congestion on the main north -south aisle, but on the rare occasions when vehicular queues exceed sixteen (16) vehicles, additional "overflow" storage is available on the second east -west drive aisle, north of the proposed project site (see Figure 5 of the traffic study). Staff's concerns with regard to the drive - through generally concern impacts to internal circulation within the center and any potential spillover onto public rights -of -way from drive - through traffic. Based on the traffic study recommendations and proposed mitigation when queuing lines approach capacity, Staff is comfortable with the proposed configuration of the drive - through lane. Residential uses are of an adequate distance from the drive - through so that automobile or speaker noise is not anticipated to adversely impact residential areas. The City's Public Works /Engineering department has reviewed the LLG study and City Staff agrees with its findings. Outdoor Dining Outdoor seating is a common feature with more modern In -N -Out locations, and there are two other existing restaurants within the Shops at Rossmoor that currently have outdoor seating, one of which serves alcohol outdoors, and staff is not aware of any problems or adverse impacts that have arisen from either of these businesses. Since In -N -Out does not serve alcohol, is an adequate distance from any residential uses, Page 4 Planning Commission Staff Report Conditional Use Permit 11 -4 12365 Seal Beach Boulevard April 20, 2011 and has a relatively small outdoor seating area of seven (7) tables, Staff does not anticipate any problems with allowing an outdoor seating area and recommends its approval. RECOMMENDATION Section 11.5.20.020 of the Municipal Code sets forth "Findings for Approval of Use Permit ". A use permit shall only be granted if the Planning Commission finds, based upon evidence presented at the hearing, the proposal as submitted, or as modified, conforms to all of the following criteria, as well as to any other special findings required for approval of use permits in specific zoning districts: 1. The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; 2. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the of the Municipal Code; 3. The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints; 4. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and 5. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. Staff believes that the proposed project meets all of the required findings and recommends that the Planning Commission, after considering all relevant testimony, written and oral, presented during the public hearing, approve Conditional Use Permit 11 -4 subject to conditions. Approval of Conditional Use Permit 11 -4 should be through the adoption of Resolution No. 11 -6, with the following conditions in place: 1. Conditional Use Permit 11 -4 is approved for a proposed new In -N -Out Burger restaurant with a drive - through service window and outdoor dining area at 12365 Seal Beach Boulevard. Page 5 Planning Commission Staff Report Conditional Use Permit 11 -4 12365 Seal Beach Boulevard April 20, 2011 2. All construction shall be in substantial compliance with the plans that were submitted as a supplement to the application for Conditional Use Permit 11 -4. 3. The business operator shall deploy an employee with an electronic order board to service the drive - through queue whenever the amount of vehicles in the queue exceeds eight (8) vehicles. 4. The business operator shall re- direct the drive - through queue line to the second east -west aisle north of the building whenever the drive - through queue line exceeds fourteen (14) vehicles. 5. The permitted hours of operation shall be: 9:00 A.M. to 12:00 A.M. (Midnight) — Seven (7) days a week 6. No commercial deliveries or trash disposal activities may occur in association with the operation of this business between the hours of 10:00 P.M. and 7:00 A. M. 7. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items that constitute a nuisance to public health and safety. 8. All exterior light sources, including canopy, flood, and perimeter lighting, shall be energy efficient, stationary, and shielded or recessed to ensure that all light is directed away from adjoining public rights -of -way and properties. 9. Menu board volume shall be kept at a level that is in conformance with Chapter 7.15 of the Seal Beach Municipal Code. 10. A Water Quality Management Plan (WQMP), or a modification of or amendment to the existing approved WQMP for all new construction shall be submitted to and approved by the Department of Public Works prior to the issuance of any building permits. 11. The developer /owner is responsible for ascertaining and paying all City development fees such as, but not limited to, sewer deficiency fees, water meter fees and metered water service impact fees as required by SBMC. 12. All improvement plans, including grading and public improvement plans, shall be based upon City- approved datum. Benchmark references to be obtained from the Engineering Division. Page 6 Planning Commission Staff Report Conditional Use Permit 11 -4 12365 Seal Beach Boulevard April 20, 2011 13. The Developer shall obtain a "will- serve" letter from Orange County Sanitation District, the sewage service provider for the subject property. The Developer shall comply with all requirements of Orange County Sanitation District before final approval from the City. 14. The Developer shall obtain a "will- serve" letter from Golden State Water Company, the water purveyor for the subject property. The Developer shall comply with all requirements of Golden State Water Company before final approval from the City. 15. A site grading and drainage plan shall be prepared in conformance with City standards. A hydrology and hydraulic study of the site may be required for submittal to the City Engineer for review and approval. The site shall be graded to drain to the public street or in a manner otherwise acceptable to the City Engineer. Drainage from contiguous properties shall not be blocked and shall be accommodated to the satisfaction of the City Engineer. 16. Applicant shall submit a list of items of work and cost estimates for the proposed grading and site improvements, such as: earthwork quantities, retaining walls, drainage devices, landscaping, asphalt pavement, and fencing. Cost estimates will be necessary for determining bond amounts for this development. Improvement bonds shall be submitted for City review and approval prior to issuance of any building permits or grading permits. 17. "National Pollutant Discharge Elimination System (NPDES) - Developer /owner is required to obtain a "General Construction Activity Storm Water Permit," and the City shall condition the issuance of the grading permit on evidence of compliance with this permit and its requirements. Compliance information is available in the Office of the City Engineer. A LWSPPP or SWPPP is required. 18. The grading and drainage plan shall incorporate all pertinent site development comments from the City's geological and geotechnical consultants and shall also include the approved geological and geotechnical report submitted by the developer's consultants. 19. Any damage done to existing street improvements and utilities shall be repaired before acceptance of the project. Existing damaged, deteriorated, substandard or off -grade curb, gutter, driveways and sidewalk must be repaired or replaced to the satisfaction of the City Engineer. All existing driveways, if not used, must be removed and replaced with curb and sidewalk in accordance with City standards. All improvements must meet current American's with Disabilities Act (ADA) compliance. Page 7 Planning Commission Staff Report Conditional Use Permit 11 -4 12365 Seal Beach Boulevard April 20, 2011 20. All electric, telephone and cable TV utility services shall be installed fully underground and to required City standards. Satisfactory provisions for all other utilities and service connections, including water, sewer and gas, shall be made to City and public utility standards. A utility plan shall be prepared and submitted showing all existing and proposed utilities. The utilities may be shown on either a separate plan or on the proposed site plan. 21. All buildings shall have roof gutters, and all roof drainage shall be conducted to the public street or an approved drainage facility in a manner approved by the City Engineer. 22. Parkway plans and designs shall be submitted for review and approval by the City Engineer. The need for preserving existing street trees and /or providing additional street trees shall be reviewed and approved by the City's Public Works Department. 23. The City reserves the right to restrict driveway access to and from the project in the event future traffic conditions warrant such restricted turn movements. 24. An encroachment permit shall be obtained from the City prior to performing any work in any public right of way. 25. Trash and restaurant/food retailer waste shall be placed in separate bins. Food waste shall be recycled. Bailer(s) shall also be on -site for all cardboard waste. 26. Traffic Impact fees, as adopted by the City and if applicable, shall be paid by the Developer. 27. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 28. In the event that the Seal Beach Police Department determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach to require the provision of additional security measures. 29. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal Beach Municipal Code as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to Page 8 Planning Commission Staff Report Conditional Use Permit 11 -4 12365 Seal Beach Boulevard April 20, 2011 schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15 30. A lighting and security plan for the project site shall be submitted to the Director of Development Services for approval prior to the issuance of a building permit. Lighting plan shall provide `cut -off or similar fixtures to ensure that there is no light encroachment onto adjacent commercial or residential properties, yet provide adequate lighting for security purposes. Security cameras will be required for the drive -thru area as part of the security plan. 31. All proposed signage for the business shall comply with Chapter 11.4.25 of the SBMC. No more than one freestanding business identification sign shall be allowed for the proposed business. Drive - through signage and menu board signage are subject to approval by the Department of Development Services. Any additional freestanding signage shall require a modification to the Planned Sign Program for the Shops at Rossmoor (PSP 07 -1). 32. This CUP shall not become effective for any purpose unless /until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar -day appeal period has elapsed. 33. A modification of this CUP shall be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 34. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Title 11 of Seal Beach Municipal Code if harm or retail - related problems are demonstrated to occur as a result of criminal or anti - social behavior, including but not limited to the congregation of minors, violence, vandalism, solicitation and /or litter. 35. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 36. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and Page 9 Planning Commission Staff Report Conditional Use Permit 11 -4 12365 Seal Beach Boulevard April 20, 2011 losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 37. Failure to comply with any of these conditions may result in the revocation of this Conditional Use Permit. For: April 20, 2011 Y a livera, AICP Planner ment of Development Services Attachments (4): 1. Proposed Resolution 11 -6 2. Application 3. "Updated Trip Generation and On -Site Circulation Assessment for the Proposed In- N -Out Burger Restaurant" prepared by Linscott, Law, & Greenspan, Traffic Engineers, and dated April 11, 2011. 4. Project Plans Page 10 Planning Commission Staff Report Conditional Use Permit 11 -4 12365 Seal Beach Boulevard April 20, 2011 ATTACHMENT I PROPOSED RESOLUTION 11 -6, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 11-4, FOR THE ESTABLISHMENT FOR A NEW FAST FOOD RESTAURANT WITH DRIVE THROUGH SERVICE AND AN OUTDOOR SEATING AREA AT 12365 SEAL BEACH BOULEVARD (IN -N -OUT) Page 1 1 RESOLUTION NUMBER 11 -6 A RESOLUTION OF" THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITONAL USE PERMIT 11 -4 FOR THE ESTABLISHMENT OF A NEW FAST FOOD RESTAURANT WITH DRIVE - THROUGH SERVICE AND AN OUTDOOR SEATING AREA AT 12365 SEAL BEACH BOULEVARD (IN -N -OUT BURGER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On March 14, 2011, John Puente Jr. (the "applicant ") filed an application with the Department of Development Services for Conditional Use Permit 11 -4 to establish a new fast food restaurant with drive - through service and outdoor seating within the General Commercial (GC) zone at 12365 Seal Beach Boulevard. Section 2 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has determined as follows: The application for CUP 11 -4 for the subject requests is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density. Section 3 . A duly noticed public hearing was held before the Planning Commission on April 20, 2011, to consider the application for CUP 11- 4. At the public hearing the Planning Commission received evidence and testimony regarding said application. Section 4 . The record of the hearing of April 20, 2011, indicates the following: (a) On March 14, 2011, John Puente Jr. (the "applicant) filed an application with the Department of Development Services for Conditional Use Permit 11 -4. Specifically, the applicant is requesting to establish a new fast food restaurant with drive - through service and outdoor seating within the General Commercial (GC) zone at 12365 Seal Beach Boulevard. (b) The subject property is described as Orange County assessor's parcel # 086 - 492 -52. (c) The subject property is approximately 250' x 171' and contains approximately 42,750 square feet. (d) The proposed new structure will be approximately 3,750 square feet in area, with a drive - through lane at the south side of the structure; an outdoor dining area to the west of the structure; and a solid trash enclosure to the northwest of the outdoor dining area. (e) The nearest residential properties are located approximately 600 feet to the north - northeast of the subject property, within the City of Seal Beach. (f) The surrounding land uses and zoning are as follows: ❑ NORTH, SOUTH, WEST, and EAST — Commercial uses within the General Commercial (GC) zone. (g) Sergeant Ron Lavelle with the Seal Beach Police Department has reviewed the application and has no reservation or concerns regarding the subject request. (h) The City's Department of Public Works has reviewed the application and has provided Planning Staff with comments and suggested conditions. Section 5 . Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 11.2.10; 11.4.05.050; 11.4.05.090; and 11.5.20 of the City's Zoning Code, the Planning Commission makes the following findings: (a) The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; (b) The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the of the Municipal Code; (c) The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints; (d) The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and (e) The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 11 -4, subject to the following conditions: Conditional Use Permit 11 -4 is approved for a proposed new In -N -Out Burger restaurant with a drive - through service window and outdoor dining area at 12365 Seal Beach Boulevard. 2. All construction shall be in substantial compliance with the plans that were submitted as a supplement to the application for Conditional Use Permit 11 -4. 3. The business operator shall deploy an employee with an electronic order board to service the drive - through queue whenever the amount of vehicles in the queue exceeds eight (8) vehicles. 4. The business operator shall re- direct the drive - through queue line to the second east -west aisle north of the building whenever the drive - through queue line exceeds fourteen (14) vehicles. 5. The permitted hours of operation shall be: 9:00 A.M. to 12:00 A.M. (Midnight) — Seven (7) days a week 6. No commercial deliveries or trash disposal activities may occur in association with the operation of this business between the hours of 10:00 P.M. and 7:00 A.M. 7. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items that constitute a nuisance to public health and safety. 8. All exterior light sources, including canopy, flood, and perimeter lighting, shall be energy efficient, stationary, and shielded or recessed to ensure that all light is directed away from adjoining public rights -of -way and properties. 9. Menu board volume shall be kept at a level that is in conformance with Chapter 7.15 of the Seal Beach Municipal Code. 10. A Water Quality Management Plan (WQMP), or a modification of or amendment to the existing approved WQMP for all new construction shall be submitted to and approved by the Department of Public Works prior to the issuance of any building permits. 11. The developer /owner is responsible for ascertaining and paying all City development fees such as, but not limited to, sewer deficiency fees, water meter fees and metered water service impact fees as required by SBMC. 12. All improvement plans, including grading and public improvement plans, shall be based upon City- approved datum. Benchmark references to be obtained from the Engineering Division. 13. The Developer shall obtain a "will- serve" letter from Orange County Sanitation District, the sewage service provider for the subject property. The Developer shall comply with all requirements of Orange County Sanitation District before final approval from the City. 14. The Developer shall obtain a "will- serve" letter from Golden State Water Company, the water purveyor for the subject property. The Developer shall comply with all requirements of Golden State Water Company before final approval from the City. 15. A site grading and drainage plan shall be prepared in conformance with City standards. A hydrology and hydraulic study of the site may be required for submittal to the City Engineer for review and approval. The site shall be graded to drain to the public street or in a manner otherwise acceptable to the City Engineer. Drainage from contiguous properties shall not be blocked and shall be accommodated to the satisfaction of the City Engineer. 16. Applicant shall submit a list of items of work and cost estimates for the proposed grading and site improvements, such as: earthwork quantities, retaining walls, drainage devices, landscaping, asphalt pavement, and fencing. Cost estimates will be necessary for determining bond amounts for this development. Improvement bonds shall be submitted for City review and approval prior to issuance of any building permits or grading permits. 17. "National Pollutant Discharge Elimination System (NPDES) - Developer /owner is required to obtain a "General Construction Activity Storm Water Permit," and the City shall condition the issuance of the grading permit on evidence of compliance with this permit and * its requirements. Compliance information is available in the Office of the City Engineer. A LWSPPP or SWPPP is required. 18. The grading and drainage plan shall incorporate all pertinent site development comments from the City's geological and geotechnical consultants and shall also include the approved geological and geotechnical report submitted by the developer's consultants. 19. Any damage done to existing street improvements and utilities shall be repaired before acceptance of the project. Existing damaged, deteriorated, substandard or off -grade curb, gutter, driveways and sidewalk must be repaired or replaced to the satisfaction of the City Engineer. All existing driveways, if not used, must be removed and replaced with curb and sidewalk in accordance with City standards. All improvements must meet current American's with Disabilities Act (ADA) compliance. 20. All electric, telephone and cable TV utility services shall be installed fully underground and to required City standards. Satisfactory provisions for all other utilities and service connections, including water, sewer and gas, shall be made to City and public utility standards. A utility plan shall be prepared and submitted showing all existing and proposed utilities. The utilities may be shown on either a separate plan or on the proposed site plan. 21. All buildings shall have roof gutters, and all roof drainage shall be conducted to the public street or an approved drainage facility in a manner approved by the City Engineer. 22. Parkway plans and designs shall be submitted for review and approval by the City Engineer. The need for preserving existing street trees and /or providing additional street trees shall be reviewed and approved by the City's Public Works Department. 23. The City reserves the right to restrict driveway access to and from the project in the event future traffic conditions warrant such restricted turn movements. 24. An encroachment permit shall be obtained from the City prior to performing any work in any public right of way. 25. Trash and restaurant/food retailer waste shall be placed in separate bins. Food waste shall be recycled. Bailer(s) shall also be on -site for all cardboard waste. 26. Traffic Impact fees, as adopted by the City and if applicable, shall be paid by the Developer. 27. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 28. In the event that the Seal Beach Police Department determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach to require the provision of additional security measures. 29. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal Beach Municipal Code as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15 30. A lighting and security plan for the project site shall be submitted to the Director of Development Services for approval prior to the issuance of a building permit. Lighting plan shall provide `cut -off or similar fixtures to ensure that there is no light encroachment onto adjacent commercial or residential properties, yet provide adequate lighting for security purposes. Security cameras will be required for the drive -thru area as part of the security plan. 31. All proposed signage for the business shall comply with Chapter 11.4.25 of the SBMC. No more than one freestanding business identification sign shall be allowed for the proposed business. Drive - through signage and menu board signage are subject to approval by the Department of Development Services. Any additional freestanding signage shall require a modification to the Planned Sign Program for the Shops at Rossmoor (PSP 07 -1). 32. This CUP shall not become effective for any purpose unless /until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar -day appeal period has elapsed. 33. A modification of this CUP shall be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 34. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Title 11 of Seal Beach Municipal Code if harm or retail - related problems are demonstrated to occur as a result of criminal or anti - social behavior, including but not limited to the congregation of minors, violence, vandalism, solicitation and /or litter. 35. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 36. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 37. Failure to comply with any of these conditions may result in the revocation of this Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the the City of Seal Beach at a meeting thereof held on the of 2011 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Planning Commission of day Sandra Massa - Lavitt Chairwoman, Planning Commission Mark Persico, AICP Secretary, Planning Commission Planning Commission Staff Report Conditional Use Permit 11 -4 12365 Seal Beach Boulevard April 20, 2011 ATTACHMENT 2 APPLICATION Page 12 City of Seal Beach OFFICE USE ONLY Application for: (Check one or more) li Conditional Use Permit (CUP) ❑ Minor Plan Review (MPR) ❑ Height Variation (HV) ❑ Variance (VAR) ❑ GPARone Change ❑ Other Hearing On I r-. &l \ PC Mtg. Date: MAR 1 1 2011 CITY OF SEAL BEACH D<<pLjrlrn..r,i of Develo.c rr,; ij, ;;.-�; vices FOR OFFICE USE ONLY Application No.: Q--"P k L A Resolution No.: to i -) �G, Std AK- j�L 13LU0 Property Address: 5WO- v 5�- A<A1 8L- + R65 2. County Assessor Parcel No: 3. Applicant Name: - I - 0q74 94e- k -- Address : i3 5.09- Phone: Work ( 67-6) & FAX (6 2(o) 33 $- 0 1 t - 13, Mobile: (Gab) 905 " It 71 E -Mail Address: e L.ei 4. Property Owner Name: F- 056 K0 01 L 5+4ofS LUC Address: 9-811 WILSHIRE 5LVb *kf40 SMIA moN 'fOY03 Telephone: (3 o ) '+ 11 1 5. General Plan and Zoning Designation: A-L 6. Present Use of Property: _ Ti-t L /PA1A l r4& 7. Proposed Use of Property: , , JT w 1114 DttVe 8. Request For: ri0r40i r1 o rJ A — q S L rry n 17- 79- �- o Z)QiyF- T Hrt( I - PA-no FgR 9. Describe Proposed Use: ReSMckPr(JT wf DRIVE T7t2u + OLLZ - Vone D i rJ r .-► G A-Ra. ,4 10. Describe how the proposed improvements are appropriate for the character of the surrounding neighborhood: T# SuRAou ND /r'(� � FJ�V5 k a'm,31 f w , r , / 6 p ,4,j o /j t- t .�j F r2.esy - nwf 2. A-A/ 0`.5• qty 7 of 36 Rev. 219110 11. Describe how the approval of this Permit would be detrimental in any way to other property in the vicinity: - r"Hw vJ t u, t,.� 7 OF�16.J, e9L/ ^/" S , �JO vV6r . Ole rffC c � rC- r 2 - 12. Proof of Ownership Please attach a photocopy of a picture I.D. and a photocopy of the Grant Deed provided by the applicant. or Sioned and notarized Property Owners Affidavit to be completed and attached to the application. 13. Legal Description (or attach description from Title or Grant Deed): (Pint Name) (Date) By: (Signature of Applicant) (Pint Name) (Date) For Office Use Only This is to certify that I have inspected the foregoing application and found it to be thorough and complete. It conforms to the rules of the City of Seal Beach governing the riling of an application for an Unclassified Use Permit Application 8 of 36 Rev. 219110 Planning Commission Staff Report Conditional Use Permit 11 -4 12365 Seal Beach Boulevard April 20, 2011 ATTACHMENT 3 "UPDATED TRIP GENERATION AND ON -SITE CIRCULATION ASSESSMENT FOR THE PROPOSED IN -N -OUT BURGER" Page 13 April 11, 2011 Engineers & Planners Traffic Transportation Parking Ms. Madelyn Jackrel Rossmoor Shops, LLC Linscott, Law & 2811 Wilshire Boulevard, Suite 640 Greenspan, Engineers Santa Monica, CA 90403 1580 Corporate Drive Suite 122 c/o Mr. Martin Potts Costa Mesa, CA 92626 MPA, Inc. 714.641.1587 t 4041 MacArthur Blvd., Suite 375 714.641.0139 F uvvm.11gengineers.com Newport Beach, CA 92660 LLG Reference: 2.10.3181.1 Pasadena Costa Mesa Subject: Updated Trip Generation and On -Site Circulation Assessment for San Diego the Proposed In -N -Out Burger Restaurant - the Shops at Las Vegas Rossmoor Seal Beach, California Dear Ms. Jackrel: As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Trip Generation and On -Site Circulation Assessment associated with the development of an In -N -Out Burger at the Shops at Rossmoor (hereinafter referred to as Project) in the City of Seal Beach. This report has been updated to address comments of City staff as provided by Mr. David Spitz, Associate Engineer, on March 28, 2011. This letter summarizes the traffic generation forecast of a proposed Project in comparison to site's entitled land use. Generation factors used in this analysis are based on information found in the 8 th Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington, D.C., 2008]. Our evaluation of the Project's truck service access and on -site circulation was Philip M. linscon, PE dasxmof performed using the Turning Vehicle Templates, developed by Jack E. Leisch & Jack M, Greenspan, PEIRezt Associates, and AutoTURN for AutoCAD computer software that simulates turning William k L&K PE uw.i maneuvers for various types of vehicles. In addition, an evaluation of the vehicular Paul W. Wilkinson, PE stacking needs of the drive - through lane of the proposed Project was completed to assess John P Keatin PE the adequacy of the proposed stacking / drive - through lane storage. David S. Shender, PE John A, Boarman, PE Clare M. Look - Jaeger, PE Our methods of analysis, findings and conclusions are described in detail in the Richard E.Barretto,PE following sections of the report. Keil D. Maberry. PE An LG2W8 Company FwNed 19% Ms. Madelyn Jackrel April 11, 2011 Page 2 PROJECT DESCRIPTION AND LOCATION The proposed In -N -Out Burger site is located on the northwest corner of Seal Beach Boulevard and Town Center Drive in the City of Seal Beach, California. Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the Project and the surrounding street system. Based on information provided by Rossmoor Shops, LLC, the proposed Project includes the development of a 3,750 square -foot (SF) In -N -Out Burger with a drive - through in place of an un- built, but entitled 4,000 SF fast -food restaurant building. Parking for the Project, within the proposed lease line, will be provided via 44 parking spaces located immediately adjacent to the proposed building, with additional parking located to the north adjacent to the Pad B building now under construction. Primary access to the Project site will be via the Seal Beach Boulevard /Town Center Drive signalized intersection, with additional access from the Seal Beach Boulevard /Rossmoor Center Way signalized intersection. Figure 2 presents the site plan for the proposed Project prepared by GHA Architecture / Development and supplemented with information prepared by Robinson Hall Architecture, Inc. Visitors to the proposed In -N -Out Burger have two (2) options with respect to restaurant service: (1) customers can enter the restaurant and order and have their meal inside or at the outdoor patio area and (2) customers can access the site from either Towne Center Drive or Rossmoor Center Way and enter the drive - through lane in a counterclockwise manner. The drive - through lane provides approximately 320 feet of storage, which can accommodate up to sixteen (16) vehicles (measured from the entry of the drive - through lane to the Cashier /Product Delivery Booth). Additional vehicular storage is available on -site in the adjacent parking lot and drive aisles. It should be noted that based on information provided by In -N -Out Burger, an employee with an electronic order board is deployed and available to service the drive - through queue to facilitate the order process during periods of high demand. Ms. Madelyn Jackrel April 11, 2011 Page 3 TRAFFIC ANALYSIS Project Traffic Generation Forecast Traffic generation is expressed in vehicle trip ends, defined as one -way vehicular movements, either entering or exiting the generating land use. Generation equations and /or rates used in the traffic forecasting procedure are found in the 8 th Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington D.C., 2008]. Table IA, located at the rear of this letter report following the figures, summarizes the trip generation equations used in forecasting the vehicular trips generated by the proposed Project and the Entitled Land Use, while Table 1B summarizes the trip generation potential of the Project. As shown in Table IA, trips generated by the proposed Project were estimated using ITE Land Use Code 934: Fast -food with Drive - Through trip rates, while the trips generated by the Entitled Land Use development were estimated using trip rates for ITE Land Use Codes 933: Fast -Food without Drive - Through. A review of Table IA indicates that no more than 10 percent of the daily traffic generated approximately these uses generally occurs during the AM peak hour, while no more than 7 percent of the daily traffic is generated during the PM peak hour. It should be noted that based on information provided by representatives from In -N -Out Burger approximately 6 to 8 percent of daily business transactions (sales) on a typical weekday occurs during the PM peak hour which is similar to the percent of daily traffic that the proposed Project is forecast to generate during the weekday PM peak hour. As shown in Table 1B, the proposed Project is forecast to generate approximately 1,395 daily trips, with 10 trips (5 inbound, 5 outbound) produced in the AM peak hour and 63 trips (33 inbound, 30 outbound) produced in the PM peak hour on a "typical" weekday. The trip generation potential of the Entitled Land Use development totals 1,323 daily trips, with 105 trips (63 inbound, 42 outbound) during the AM peak hour and 63 trips (32 inbound, 31 outbound) during the PM peak hour. Source: data based on transaction data from the existing In -N -Out Burger sites located in Long Beach at 2n + PCH, the Traffic Circle and Long Beach Town Center. 2 Given In -N -Out Burger's weekday hours of operation are typically set between 10:30 AM and 1:00 PM (not open to the public during the AM peak commute period), the weekday AM peak hour trip generation of the proposed Project has been adjusted accordingly to reflect traffic that could be generated by staff and /or deliveries. Ms. Madelyn Jackrel April 11, 2011 Page 4 Please note that the above - referenced trip generation estimates include pass -by trip adjustments to account for trips that come directly from the everyday traffic stream on the adjoining streets (i.e., Seal Beach Boulevard). Applicable pass -by reduction factors were incorporated into the daily and PM peak hour traffic forecasts. Based on information contained in the Trip Generation Handbook, 2nd Edition, published by ITE, June 2004, and SANDAG Traffic Generators, an average pass -by reduction factor of 50% and 40% is recommended during the PM peak hour for Fast -Food Restaurants with Drive -Thru and Fast -Food Restaurants without Drive -Thru, respectively. The daily pass - by percentage for these uses was estimated to be 25 %. Comparison of the trips generated by the proposed Project to the trips generated by the Entitled Land Use development shows that the proposed Project will generate 72 (5 %) more trips on a daily basis, but 95 (90 %) fewer trips and the same amount of trips during the critical weekday AM peak commute hour and PM peak commute hour, respectively. Considering that In -N -Out Burger is not open for operation during the AM peak period, it is reasonable that the proposed Project will generate fewer trips during the morning peak hour than a fast -food restaurant that is open during this period and only generate 5 percent more trips on a daily basis. Based on this comparison, we conclude that the trip generation potential of the proposed Project fits within the trip generation budget of the Project site as established by the approval of an un- built, but entitled 4,000 SF fast -food restaurant building, and that the traffic impact potential associated with the proposed Project is comparable to that of the un- built, but entitled land use. ON -SITE PARKING AND CIRCULATION Internal Circulation The on -site circulation was evaluated in terms of vehicle - pedestrian conflicts. Based on our review of the proposed site plan, the overall layout is adequate and the access to the proposed Project and site parking spaces will not be impacted by the proposed drive - through lane operation. Based on our review of the proposed site plan and all internal drive aisle widths and parking stall widths satisfy the City's minimum requirements as outlined in Chapter 11.4.20.025 — General Parking Design Standards of the City of Seal Beach Municipal Code Draft Comprehensive Update Title I1 — Zoning, dated February 2010. Ms. Madelyn Jackrel April 11, 2011 Page 5 The internal circulation layout for the Shops at Rossmoor has been reviewed and is adequate to accommodate the large 5 -axles trucks, service /delivery trucks and trash trucks that would service the proposed In -N -Out Burger. Figures 3 illustrates the turning movements required of a small service /delivery truck (SU -30) as it circulates throughout the site, while Figures 4 illustrates the required truck maneuvers of a WB -50 as it circulates "counterclockwise" around the project site. We have confirmed that full -sized service trucks can access the Project site from Seal Beach Boulevard at Rossmoor Center Way and circulate "counterclockwise" while small service /delivery trucks or trash trucks can access the site from Town Center Drive or Rossmoor Center Way and circulate "clockwise or counterclockwise" through the shopping center to service the proposed In -N -Out Burger. Parking Code Requirements The number of parking spaces required to support the proposed Project was calculated using the parking Code requirements outlined in Chapter 11.4.20.015 - Required Off - Street Parking Spaces of the City of Seal Beach Municipal Code Draft Comprehensive Update Title 11 — Zoning, dated February 2010 and comparing it to the Project's proposed parking supply of 44 spaces within the lease line and located immediately adjacent to the building. Per the City's Municipal Code, the proposed Project would require one (1) space per 100 SF of floor area. Direct application of this parking rate to the proposed Project's floor area results in a City parking code requirement of 38 spaces. With a parking supply of 44 spaces located within the project lease line and additional parking located to the north, parking for the proposed Project satisfies the City's parking requirements and will be sufficient. Drive - Through Lane Queuing Analysis To confirm the adequacy of storage provided as a part of the proposed In -N -Out Burger, the results of queuing observations at various existing facility were utilized. The fast -food restaurant study sites are located in Tustin, Orange, Long Beach, Downey, and Carlsbad. During the surveys, the maximum queue of vehicles that was observed in the drive - through lane (starting at pick -up window) at each study site was recorded at 15- minute intervals. The queuing observations at the Tustin and Orange facilities were conducted during the mid -day and evening service periods between the hours of between the hours of 11:30 AM and 2:00 PM, and 4:30 PM and 7:00 PM. Observations at the Long Beach and Downey restaurants were conducted between the Ms. Madelyn Jackrel April 11, 2011 Page 6 hours of 11:00 AM and 2:00 PM, and 4:00 PM and 11:00 PM. For the Carlsbad restaurant, the observations were performed continuously between 10:00 AM and 2:00 AM. Table 2 summarizes the Queue Frequency that was observed at the existing In -N -Out Burger restaurant (data for mid -day and evening period are combined). Our evaluation of this data indicates that on average, a queue of 8 to 9 vehicles in the drive - through lane can be expected during the mid -day and /or evening peak period, with an 85 percentile queue of 15 vehicles. The 85 queue represents the maximum number of vehicles that can be expected in the drive - through lane during the peak period, and indicates that 85 percent of the drive - through customers will wait in a line no longer than 15 vehicles; 15 percent of the customers will wait in a queue of 16 cars or more. Please note that the 85 percentile "criteria" is the design standard typically used in the traffic engineering profession. The results of our queuing study indicate that the distance between the proposed entry of the drive - through lane and the Cashier /Product Delivery Booth (window) of the In- N -Out Burger restaurant is of sufficient length and can accommodate the peak stacking requirements of proposed restaurant. Review of the proposed site plan prepared by GHA Architecture / Development indicates that the drive - through lane provides storage for approximately sixteen (16) vehicles without encroaching into main north -south drive aisle which motorist will utilize the access the drive - through lane. Therefore, the expected queues can be accommodated without interfering with internal circulation or causing congestion on the main north -south drive aisle. It should be noted however, that additional "overflow" storage is available in the second east -west drive aisle north of the In -N -Out Burger for the rare occasions when vehicular queues exceed 16 vehicles. As shown in Figure 5, access to drive - through lane would be restricted and motorist would be redirected to the next (third east -west) drive -aisle to access the drive - through lane. Implementation of this temporary traffic management plan would ensure that the main north -south drive aisle would be kept clear of "drive- through" traffic. Ms. Madelyn Jackrel April H, , 201 l Page 7 This completes our traffic analysis. If there are any further questions, or you require any additional information, please do not hesitate to call me. Sincerely, Linscott, Law & Greenspan, Engineers Richard E. Barretto, P.E. Principal Attachments o}jaJDq OLOZ - ZZ - ZL 6Z:6£:4L dOl 6 MP'L - dl8l£ \ \Joowssoj 'Joowssoj )o sdogs ayj oui - LSL£OLZ \OOL£ \:u ,18 HOV39 1 a :..© m —J TE T RD P CNJ * O 83AIIS o C)� C4� "p-W. t� I .itdtl ", -� p NI KISI is � 0- Sh d 3 0 a� NI ands .Z. J Q L 3G C705CO�Cd_L J C3 CO tY d Q� C7 d C7 m C) Zcy cy m O 5 mm3w.c -0Ly niy- > m CL- L �bewdv) CecnV) --i i .y 2 C�.� x U.J V) 0: a n CO n. 00 0's Ca t--4 N cr3 ,-I r-4r t �s era 33N Wd w z d w cl� ¢ < m•` _. 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W U K O N TABLE 1 A PROJECT TRAFFIC GENERATION EQUATIONS ITE Land Use Code /Description Time Period Rates /Equations Percent Entering Percent Exiting Daily T = 441.03 (X) 50% 50% ■ 933: Fast -Food without Drive -thru (TE /1000 SF) AM Peak T = 9.9% of Daily Trips 60% 40% PM Peak T = 5.9% of Daily Trips 51% 50% 49% 50% Daily T = 496.12 (X) ■ 934: Fast -Food with Drive -thru (TE /1000 SF) AM Peak T = 9.9% of Daily Trips 51% 49% PM Peak T = 6.8% of Daily Trips 52% 48% Notes: ■ TE /1000 SF = Trip ends per 1,000 square -feet of development Source: Trip Generation, 8th Edition, Institute of Transportation Engineers, (ITE) [Washington, D.C. (2008)]. Due to limited sample size for ITE Land Use Code 933: Fast -Food without Drive -Thru, the daily rate for this land use was estimated utilizing the proportional ratio of the AM peak hour rate and daily rate for ITE Land Use 934: Fast -Food with Drive -Thru. TABLE 1 B PROJECT TRAFFIC GENERATION FORECAST COMPARISONS ITE Land Use Code / Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Project Description 2 -Way Generation Forecast: Proposed Project ■ 934: In -N -Out Burger with Drive -Thru 1,860 5 5 10 66 61 127 (3,750 SF) Less Pass -by Trips' -753 -0 -0 -0 -33 -31 -64 Total Net Project Trip Generation 1,395 5 5 10 33 30 63 Entitled Land Use ■ 933: Fast -Food without Drive -Thru 1,764 105 70 175 53 51 104 (4,000 SF) Less Pass -by Trips -441 -42 -28 -70 -21 -20 -41 Entitled Land Use Net Trip Generation 1,323 63 42 105 32 31 63 Net Project Trip Generation Potential +72 -58 -37 -95 1 -1 0 (Proposed minus Entitled ) Notes: TE /1000 SF= Trip end per 1000 SF of development Source: Trip Generation, 8th Edition, Institute of Transportation Engineers, (ITE) [Washington, D.C. (2008)]. Given In -N -Out Burger's weekday hours of operation are typically set between 10:30 AM and 1:00 PM, the weekday AM peak hour trip generation of the proposed Project has been adjusted accordingly to reflect traffic that could be generated by staff and or deliveries. Pass -By Trips are trips made as intermediate stops on the way from an origin to a primary trip destination. Pass -by trips are attracted from traffic passing the site on adjacent streets (i.e. existing traffic on Seal Beach Boulevard), which contain direct access to the generator. For this analysis, the following pass -by reduction factors were used (Source: Trip Generation Handbook, ITE October June 2004): • Fast -Food w/Drive -thru: PM Peak hours- 50% • Fast -Food w /out Drive -thru: AM/PM Peak hours - estimated to be 40% (Source: SANDAG Traffic Generators) • Daily pass -by percentage for fast -food uses is estimated to be 25 %. 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