HomeMy WebLinkAboutPC AG 2013-01-16 #5PLANNING COMMISSION TO: Planning Commission FROM: Director of Community Development MEETING DATE: January 16, 2013 4,U_,31xQ Wai QI LOW I WTI 004 11 W 2 101 16"T.04 Kel 0 Lei I I Lei 0 FWAI I R RIZIll APPLICANT: DON IKELER ITEM NUMBER 61 RECOMMENDATION: After conducting the public hearing, staff recommends that the Planning Commission adopt Resolution No. 12-30 approving Conditional Use Permit 12-19 subject to conditions of approval contained therein. 01 ki I GC (General Commercial) Property Size: 21,000 sq. ft. (0.48 acres) (Parcel No. 71) Surrounding Properties: East: Single-Family (across Seal Beach Boulevard) North: G-C (General - Commercial) Gasoline station West: Multi-family residential properties South: G-C (General Commercial) Shops at Rossmoor Planning Commission Staff Report Conditional Use Permit 12 -19 January 16, 2013 Page 2 LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on January 3, 2013 and notices were mailed to 433 residents within a 500 foot radius of the subject property on January 4, 2013 with affidavits of publishing and mailing on file. ENVIRONMENTAL ASSESSMENT: Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that this project is categorically exempt under Section 15303 (New Construction) has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). LOCATION MAP: Planning Commission Staff Report Conditional Use Permit 12-19 January 16, 2013 Page 3 FACTS: On August 8, 2012, Don lkeler, c/o Chick-fil-A, ("the applicant") filed an application with the Department of Community Development for Conditional Use Permit 12-19 to allow a fast food restaurant with a drive-through facility at 12101 Seal Beach Boulevard. The subject property has been vacant and undeveloped since 2006, when the previous structures on the property were demolished as part of the renovation of The Shops at Rossmoor. A Conditional Use Permit (CUP 07-9) was previously approved for the premises in September 2007 for a retail bank with a drive-up teller window (Farmers and Merchants Bank). This approval was never exercised, as the bank was never constructed, and the approval ultimately expired. A community meeting was held by the project proponents on September 26, 2012 at Fire Station #48. The purpose of the meeting was to introduce the project to neighborhood residents and to obtain feedback on the proposal. Notices for the meeting were mailed to all residents within a 500' radius of the subject property. A total of four residents attended the meeting and asked questions about the project. As of January 9, 2013, planning staff has received two emails (attached) in response to the hearing notices that were mailed out and published for the public hearing on January 16, 2013. ANALYSIS: The Chick-fil-A parcel is approximately 21,000 square feet in area and is located south of Bradbury Road; south of the existing 76 gasoline station; and west of Seal Beach Boulevard. The site is identified as Orange County Assessor Parcel No. 086-491-71 and represents one of multiple parcels within the Shops at Rossmoor. More than half of the subject parcel is currently vacant and the remaining portion of site facing Seal Beach Boulevard is improved with an estimated 23 parking spaces. The proposed project includes the development of a 4,524 square foot Chick-fil-A eating establishment with dual drive through lanes for placing orders. According to Table 11.4.20.015A.1 of the Seal Beach Municipal Code entitled "Required Parking", 23 parking spaces are required for the proposed use and based on staff calculations of available parking within the center, when analyzed at a ratio of 5 parking spaces per 1000 sq. ft. gross floor area (GFA), there is adequate parking within the center to service the proposed use. The shopping center also operates under a reciprocal parking agreement between the various parcels within the center to provide mutual access to additional spaces throughout the center, if necessary. Planning Commission Staff Report Conditional Use Permit 12-19 January 16, 2013 Page 4 The building will be configured with the front and secondary entrances facing the parking lot and Seal Beach Boulevard. The average height of the building is 22 feet high with architectural projections such as a decorative tower element extending to the height of 27 feet which complies with the maximum building height of 35 feet in the G-C zone. The building exterior elevations will include variations in roof line accented with a cornice trim, stuccoed walls and stone veneer. The interior floor plan is designed with a 1,470 square foot dining area and a 200 square foot children play area. Traffic Analysis Since the proposed project includes a drive through facility, the applicant was required to submit a focused traffic impact analysis to ensure that the drive through lanes extended far enough to accommodate the peak hour demand for service and that the vehicular access points and internal circulation continue to function accordingly. Linscott, Law and Greenspan prepared the traffic analysis and submitted the document on November 27, 2012. As described in the Study, primary access to the project site will be provided via two existing drive approaches along Seal Beach Boulevard. The first drive approach is an unsignalized right-turn in/right turn out located immediately south of the parcel and the second drive approach is an existing full access unsignalized driveway located approximately 275 feet south along Seal Beach Boulevard.. According to the traffic analysis, on site vehicular and truck circulation is adequate to accommodate the project. However, as noted in the Study, to avoid impacting circulation paths during peak hour time frames, truck deliveries should not occur earlier than 7:00 a.m. The Chick fil-A building is designed with a dual drive through lane facility which provides vehicle stacking up to 15 cars. According to the traffic analysis, the drive through design is adequate to accommodate the projected queues during the peak hours. The study does recommend, as a condition to minimize internal congestion and maintain on-site circulation, that a Chick-fil-A deploy an employee with an electronic order board to service the drive- through queue to help with the order process during periods of high demand. Noise Stud Occasionally projects are required to submit noise studies when located within close proximity to sensitive receptors which in this case is the residential development to the west of the subject site. Under these circumstances, a noise study was warranted since a drive through service is offered with an outdoor intercom system and the business will be open during the evening hours. The analysis will take into consideration a 7 foot high concrete masonry block wall erected at the westerly property line separating the two properties. In addition, Chick-fil-A uses an intercom system manufactured by HME that has automatic volume control reduction. The HME SPP2 intercom system is equipped with an automatic volume control system that automatically reduce the sound level produced by the intercom as business hours reach later in the evening. Planning Commission Staff Report Conditional Use Permit 12-19 January 16, 2013 Page 5 According to the noise study prepared by Eilar Associates, Inc. and submitted to the City on June 20, 2012 the business hours of operation are from 6:00 a.m. to 10:00 p.m. Monday through Saturday and closed on Sunday. The noise regulations applicable to this project are contained within the City of Seal Beach Municipal Code Section 7.15. Residential properties have noise limits of 55 dBA between the hours of 7:00 a.m. and 10:00 p.m. and 50 dBA between the hours of 10:00 p.m. and 7:00 a.m. These levels are not to be exceeded for more than 30 minutes in an hour time frame. Commercial properties have a noise level of 65 dBA for all hours. On Monday, October 31, 2011 at 4:00 p.m. a noise study was conducted and a sound level meter was installed at the southeast corner of the proposed site about 110 feet west of the Seal Beach Boulevard street centerline. The noise measurement registered 64.3 dBA from the street level to the back of the subject site. The Noise study also analyzed a worst case scenario with the primary sources of project generated noise such as vehicles in the parking lot, drive through lane, and intercom use. The study concluded that projected noise levels from the project is expected to comply with the City of Seal Beach night time noise regulations at the nearest property line which is measured at 46.9 dBA. Noise levels from operations at the proposed Chick-fil-A restaurant, including vehicle traffic noise, drive-through intercom noise and roof-mounted mechanical equipment noise, are expected to comply with all City of Seal Beach noise regulations with the maximum amount of anticipated activity in the drive through (PM peak hour). Staff believes that, based on the conclusions of both the traffic and noise analyses, as well as the conclusions of the City's Planning and Public Works departments, that the proposed project, as conditioned, should not create any significant operational impacts to the commercial center or the surrounding neighborhood. CONCLUSION: lwaw�a "I'll # P *�7FROVMy - 't , iW1 I I attached Resolution 12-30 approving Conditional Use Permit 12-19 subject 7to 7co7ndqitions approval contained therein. Prepared by: Approved by: J rry livera i ashanf 1v e or Planner Development irec1tor of Community Development Planning Commission Staff Report Conditional Use Permit 12-19 January 16, 2013 Page 6 Attachments: 1. Resolution No. 12-30 —A Resolution of the Planning Commission of the City of Seal Beach, approving Conditional Use Permit 12-19, to allow a drive-through facility in conjunction with a proposed Chick-fil-A restaurant within the General Commercial (GC) zone at 12101 Seal Beach Boulevard. 2. Project description submitted by the applicant 3. Emails received in opposition to the proposed project 4. Project plans ATTACHMENT 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITIONAL USE PERMIT 12-19 TO ALLOW A NEW FAST FOOD RESTAURANT WITH DRIVE-THROUGH WITH DRIVE THROUGH FACILITY WITHIN THE GENERAL COMMERCIAL (GC) ZONE AT 12101 SEAL BEACH BOULEVARD (CHICK-FIL-A) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE- Section 1. On August 8, 2012, Don lkeler, c/o Chick-fil-A, (the "applicant ") filed an application with the Department of Development Services for Conditional Use Permit 12-19 to allow a fast food restaurant with a drive-through facility within the General Commercial (GC) zone at 12101 Seal Beach Boulevard. Section 2. Pursuant to 14 Calif. Code of Regs. § 15303 (New Construction), staff has determined the subject request is categorically exempt from review pursuant to the California Environmental Quality Act, because the proposal involves the construction of a new commercial building not exceeding 10,000 square feet in floor area on a size zoned for such use. Section 3. A duly noticed public hearing was held before the Planning Commission on January 16, 2013, to consider the application for CUP 12-19. At the public hearing the Planning Commission received evidence and testimony regarding said application. Section 4. The record of the hearing of January 16, 2013, indicates the following: (a) On August 8, 2012, Don lkeler, c/o Chick-fil-A, ("the applicant") filed an application with the Department of Development Services for Conditional Use Permit 12-19. Specifically, the applicant is requesting to establish a new fast food restaurant with a drive-through facility within the General Commercial (GC) zone at 12101 Seal Beach Boulevard. (b) The subject property is described as Orange County assessor's parcel # 086-491-71. (c) The subject property is approximately 21,000 square feet in area. (d) The proposed new structure will be approximately 4,524 square feet in area, with a drive-through lane that wraps around the north, west, and South sides of the structure. (e) The nearest residential properties are located approximately 60 feet to the west of the subject property, within the unincorporated community of Rossmoor. (f) The surrounding land uses and zoning are as follows: ❑ NORTH and SOUTH — Commercial uses within the General Commercial (GC) zone. ❑ WEST — Residential uses within the unincorporated community of Rossmoor. ❑ EAST — Public right-of-way; residential uses within the City of Los Alamitos (g) 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; 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 12-19, subject to the following conditions: 1 Conditional Use Permit 12-19 is approved for a proposed new Chick-fil-A restaurant with a drive-through service window at 12101 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 12-19. 3. The business operator shall immediately 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 permitted hours of operation shall be: 6:00 A.M. to 10:00 RM. — Monday through Thursday 6:00 A.M. to 11:00 P.M. — Friday and Saturday Closed Sunday 5. No commercial truck 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. 6. 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 residential properties. 7. Menu board volume shall be kept at a level that is in conformance with Chapter 7.15 of the Seal Beach Municipal Code. 8. The applicant shall conduct an 'Access Evaluation of Project Driveway 2', as described in Section 11.1 of the Focused Impact Traffic Study, using a traffic engineer acceptable to the City, six (6) to twelve (12) months after the opening of Chick-fil-A to determine if future conditions warrant restricted turn movements from Project Driveway 2. The "left turn restriction" will be based on the results/findings of an Access Evaluation. If the access evaluation concludes there is no conflict, at Project Driveway 2, the "left turn restriction" will not be required of the project. However, if the study concludes there are conflicts, the Project Applicant shall implement restricted turn movements as recommended in Section 11.1 of the Focused Impact Traffic Study and coordinate with the City of Seal Beach and install the appropriate striping, signage, and/or pavement legends per City standards/requirements, 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. "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. An LWSPPP or SWPPP is required. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. An encroachment permit shall be obtained from the City prior to performing any work in any public right of way. 23. 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. 24. Traffic Impact fees, as adopted by the City and if applicable, shall be paid by the Developer. 25. 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. 26. 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. 27. 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 28. 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. P9. All proposed signage for the business shall comply with the Planned Sign Program for the Shops at Rossmoor (PSP 07-01 and 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 '• •• (PSP 07-1). 30. Applicant shall submit a Landscape plan to the Department of Development Services for review and approval. The Landscape plan shall provide for the replacement or enhancement of the existing planting along the Seal Beach Boulevard frontage and the Town Center Drive frontage, to obscure the drive- through queuing line to the maximum extent feasible. 31. 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. 32. 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. 33. 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, 34. 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. 35. 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. 36. Failure to comply with any of these conditions may result in the revocation of this Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of 2013 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa - Lavitt Chairwoman, Planning Commission Jim Basham Secretary, Planning Commission ATTACHMENT 2 PROJECT DESCRIPTION SUBMITTED BY THE APPLICANT XR%'r.aW_' Project Description Southwest Corner of Seal Beach Blvd. and Bradbury Rd. Seal Beach CA 90740 Chick-fil-A is proposing to construct a 4,524 sq. ft. restaurant with drive through. No outdoor dining is proposed. The site is located in the General Commercial (GC) zone. The project is located within the Shops at Rossmoor. The applicant is proposing to develop a vacant pad at the east end of the Center. The development will include the construction of a new restaurant with drive through and related site improvements. Chick-fil-A is seeking approval of a Conditional Use Permit for a new restaurant with drive-through and associated site improvements. The drive through has been designed to create minimal impact to Chick-fil-A customers as well as the surrounding shopping center. The double drive through allows cars to queue on site, which will minimize if not eliminate any backup into the adjacent drive aisle. The drive through also includes two order boards that assist in moving cars through the drive through quickly. Chick-fil-A is sensitive to the neighboring residences on the north side of the property. Menu boards are located on the east side of the building to minimize noise impact to the adjacent neighbors. The speaker boxes feature automatic volume control to further mitigate noise impact. Additional landscaping is proposed between the drive through lane and the adjacent residential as an additional sound buffer. The site provides 21 parking spaces; 45 spaces are required. A reciprocal parking agreement is in place for the Shopping Center. The proposed building design is consistent with the surrounding center. Muted earth tones and stone accents are featured on the building in keeping with the Shopping Center design guidelines. Tower features and aluminum awnings add varied articulation to the building. New landscape is proposed in accordance with the City Design Review Guidelines and Zoning Code. Due to the site configuration changes some existing trees will be removed and replaced. Wherever possible existing trees have been maintained in place. A separate Tree Permit application will be filed. For further information regarding Chick-fil-A and their business operations please see the attached Operations statement. R-TOTMEU ME Chick-fil-A is a 'quick service' restaurant specializing in chicken sandwiches, nuggets and tenders, salads and other assorted side dishes and soft drinks. Chick-fil-A is an Atlanta based, family owned, privately held corporation — in 2009, sales topped $3 billion. Chick-fil-A opened its first brand restaurant in 1967, its first drive-thru concept in 1986 and currently has over 1,600 stores, with over 50 restaurants open and operating in California selling the "Original Chicken Sandwich," Truett Cathy, the company's founder, opened his first restaurant, The Dwarf House, in Hapeville, GA in 1946. He remains a respected business and community leader at 90 years old and is still active as Chairman and Chief Executive Officer. His eldest son, Dan Cathy, is the Company's President and Chief Operating Officer. Each location is run by an "owner/operator" whose sole job is to run and operate that location's business. Chick-fil-A Operators take pride in being a good neighbor. It is their goal to build positive, enriching relationships with their surrounding community. Chick-fil-A is a family friendly restaurant and prides itself in its "Second Mile Service." Raving fans are located throughout the United States! Chick-fil-A has adopted most Leed Certification design elements including the following: • Energy Management Controls for efficient HVAC and lighting • Energy Star rated equipment • Efficient building systems • Solar reflective roof Operations Store Hours: Monday thru Thursday: 6 a.m. to 10 p.m. Friday & Saturday: 6 a.m. to 11 p.m. Sunday: Closed Seating: Indoor 114 seats Patio: No outdoor dining Employees. Approximately 15 employees per shift ATTACHMENT 3 Jerry Olivera Sent: Friday, September 14, 2012 6:51 PM To: va|enbnaQykosnczunT Jerry O|kera Cc HOA Huntington West; Ruben Cell Subject: Objection to Chick Fit A Shops atRossnnuor Today, the 14th, we received a letter backdated to September 6regarding Chick Fit A being built next to the gas station at the Shops atRossmoo/. VVe are owners at]34Z Bradbury Road in the Rossm000rTownhouses. VVe live behind the proposed site for the new store. We object to it being built adjacent to the 76 gas station. That location is too close to theRossmoorToxxnhouses. Residents will suffer extra pollution from the cars waiting in the drive through, will have to hear the loudspeaker from the drive through while in and around their own homes, and will have to live with the constant smell of cooking chicken. |t should not be permitted so close toresidences. The intersection of Seal Beach Boulevard and Bradbury is already congested, and this would only add to traffic back up. VVe oppose this project. Jerry live From: 0 Sent: Tuesday January 08,2013l2:l2PM To: ]erryO|ivera Subject: Chick-fil-A Use Permit Jerry, do appreciate your taking mycall yesterday to discuss the above. With all do respect to the Seal Beach board, pretty difficult to believe that anything the public might have to say about opposing this eventuality seems extremely In my opinion nothing the board may have requested of Chick-fil-A as to their response in mitigating any potentia I traffic problem will NOT mitigate any traffic problems. As businesses have been added to Shops at Rossmoor, traffic congestion has increased exponentially; and the same will certainly be true of the situation that will develop in the Bradbury/Seal Beach Blvd intersection/area if Chick-fil-A goes in as planned... ... and the saddest issue of all is the fact that I have NEVER in my twelve years living across the street from the development of the Old Ranch/Shops at Roosmoor complexes EVER had any number of fellow residence believe anything other that Seal Beach development could care less about any inconveniencing issues because likely ninety-five percent of Real Beach residents live below the 405 freeway, one or two or three miles away, and are not impacted by the problems mna daily basis. It may sound like sour grapes, but innr/ opinion ... and as| mentioned yesterday, standing upbo oppose another business would be like banging one's head against the wall ever thinking that Seal Beach ever listens, and proceed as they wish because 'increased revenues'for your city is the underlying motivator and first and foremost, irrespective of how it impacts immediately surrounding residents NOT in the city of Seal Beach. Respectfully, Ken Dobson ATTACHMENT 4