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HomeMy WebLinkAboutPC Res 07-08 - 2007-02-07 RESOLUTION NUMBER 07-8 O/(/61J1J 'V4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 07-3, ALLOWING A 24-HOUR BUSINESS OPERATION, AN OUTDOOR SEATING AREA, AND A DRIVE THROUGH WINDOW AT 2311 SEAL BEACH BOULEVARD, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE' SectIOn 1 On January 8, 2007, John MehIgan, on behalf of PaCIfic Gateway Retml, LLC (the "ApplIcant") filed an applIcatIOn WIth the Department of Development ServIces for CondItIonal Use PermIt 07-3 for patIO seatmg, a drIve through WIndow, and 24-hour bUSIness operatIOn In conJunctIOn WIth a Starbuck's Coffee Shop to be located In the PaCIfic Gateway Plaza retaIl development The InItIal operatIng hours are requested to be 5 AM to 11 PM Monday-Thursday, 5 AM to mIdnIght FrIday and Saturday, and 6 AM to 11 PM on Sunday SectIOn 2 Pursuant to 14 CalIfornia Code of RegulatIOns S 15305 and SII(B) of the CIty'S Local CEQA GUIdelInes, staff has determIned as follows the applIcatIOn for CUP 04-1 for the proposed 24-hour bUSIness operatIon, outdoor seatIng area, and drIve-through WIndow IS categorIcally exempt from reVIew pursuant to the CalIfornia EnVIronmental QualIty Act pursuant to 14 CalIfornia Code of RegulatIons S15301 (MInor AlteratIons m Land Use LImItatIOns), because the proposal Involves a neglIgIble expanSIOn of an eXIstmg use, pursuant to ~ 15305 (Mmor AlteratIOns m Land Use LImItatIOns), because the proposal mvolves a mmor alteratIOn In land use lImItatIOn and does not mvolve eIther a property In excess of 20% slope or a change In land use or denSIty SectIOn 3 A duly notIced publIc hearmg was held before the PlannIng CommISSIOn on February 7, 2007, to conSIder the applIcatIOn for CUP 07-3 At the publIc hearIng the PlannIng CommISSIOn considered all eVIdence presented SectIOn 4 The record of the hearIng of February 7, 2007 IndIcates the follOWIng Z \My Documents\RESO\CUP 07 3 2311 SBB Starbucks PC Rcso doc\LW\02-07-07 Planmng COmnllSSlOn ResolutIOn 07-8 ConditIOnal Use Pe1l11lt 07-3 231/ Seal Beach Boulevard (Starbucks) February 7, 2007 (a) On January 8, 2007, John MehIgan, on behalf of PacIfic Gateway RetaIl, LLC (the "ApplIcant") filed an applIcatIOn wIth the Department of Development ServIces for CondItIonal Use PermIt 07-3 (b) SpecIfically, the applIcant IS propOSIng to proVIde patIo seatIng, a drIve through WIndow, and 24-hour bUSIness operatIOn m conJunctIOn WIth a Starbuck's Coffee Shop to be located In the PaCIfic Gateway Plaza retaIl development at 2311 Seal Beach Boulevard The InItial operatIng hours are requested to be 5 AM to II PM Monday-Thursday, 5 AM to mIdnIght FrIday and Saturday, and 6 AM to 11 PM on Sunday (c) The Starbuck's store WIll contaIn approxImately 1,700 square feet and IS to be located WIthIn the northerly one-half of "BUIldIng 4" The plans IndICate InterIor seatIng for approxImately 20 persons (d) The subJect property IS located WIthIn the PaCIfic Gateway Plaza retaIl development that has prevIOusly been approved by the CIty and CalIfornIa Coastal CommISSIon and contmns approxImately 19,525 square feet of commercial retaIl development m three separate bUIldIngs and a 65,484 square foot, 110-room Hampton Inn & SUItes (IncludIng the proposed use) The property IS located west of the IntersectIOn of WestmInster Avenue and Seal Beach Boulevard (e) The overall SIte and development plans for PaCIfic Gateway Plaza were approved by the PlannIng CommIssIOn and CIty CouncIl pursuant to MItIgated NegatIve DeclaratIOn 05-4, SpecIfic Plan Amendment 05-1, SIte Plan ReVIew 05-1, and CondItIonal Use PermIt 05-12 In 2005 The SIte Plan ReVIew Included the proposed locatIOn for the drIve-through faCIlIty The CondItIOnal Use PermIt approved the hotel portIOn of the proJect (t) The nearest reSIdential property IS located to the north of WestmInster Avenue In LeIsure World LeIsure World IS approXImately 600 from the proposed drIve-through faCIlIty (g) The speaker system for placmg orders at the menu board WIll have "automatIC volun1e control" (A VC) whIch wIll adJust the outbound volume based on the outdoor ambIent nOIse level As the ambIent nOIse level naturally decreases durmg the evenIng and at nIght, the A VC WIll reduce the outbound volume on the speaker system InformatIOn proVIded by the manufacturer of the system IndIcates the followmg nOIse reductIOn levels WIth the A VC system CUP 07 3 2311 SBB Starbuch.s PC Reso 2 Planmng CommiSSIOn ResolutIOn 07-8 ConditIOnal Use Pernut 07-3 2311 Seal Beach Boulev01d (St01bucks) February 7, 2007 A VC System Noise Reductions Distance from Outside Decibel Level of Standal d Decibel Level of Standard Speaker (Feet) System With 45 db of Outside System with 45 db of NOIse Without AVe Outside NOise With Ave 1 84 dBA 60 dBA 2 78 dBA 54 dBA 4 72 dBA 48 dBA 8 66 dBA 42 dBA 16 60 dBA 36 dBA (h) The surroundmg land uses and ZOnIng are as follows WEST The BoeIng Integrated Defense Systems property and eXIstIng facIlItIes In a lIght mdustrIal (M-1) zone The property development standards for the BoeIng property are controlled by the adopted Boemg Integrated Defense Systems SpecIfic Plan NORTH ResIdentIal housmg unItS WIthIn the ResIdentIal HIgh DensIty (RHD) zone In LeIsure World approxImately 600 feet to the north, across W estmmster Avenue EAST and SOUTH Across Seal Beach Boulevard IS the Seal Beach Naval Weapons Station In a PublIc Land Use (PLU/R) zone SectIOn 5 Based upon the facts contaIned In the record, Includmg those stated m S4 of thIS resolutIOn and pursuant to SS28-1300, 28-2503 and 28-2504 of the CIty'S Code, the Plannmg CommIssIOn makes the follOWIng findmgs (a) CondItIonal Use 07-3 IS conSIstent WIth the provlSlons of the Land Use Element of the CIty'S General Plan, whIch prOVIdes a "LIght IndustrIal" zOnIng desIgnatIOn for the subJect property The subJect property IS further controlled by the adopted "Boemg Integrated Defense Systems SpeCIfic Plan", and IS located In Plannmg Area 4, whIch allows for the prevIOusly-approved hotel and retaIl commercIal uses and permIts restaurants WIth drIve through WIndows subJect to the Issuance of a condItIOnal use permIt The use IS also conSIstent WIth the remaInIng elements of the CIty'S General Plan, as the polICIes of those elements are conSIstent WIth, and reflected In, the Land Use Element AccordIngly, the proposed use IS conSIstent WIth the General Plan (b) The proposed change In use IS conSIstent WIth surroundmg reSIdentIal and commercial uses, as there are many restaurants currently In operatIOn at CUP 07 3 2311 SBB Starbuck.s PC Reso 3 Planmng CommiSSIOn ResolutIOn 07-8 ConditIOnal Use Pernut 07-3 2311 Seal Beach Boulevard (Starbucks) F ebl uary 7, 2007 thIS general locatIOn The use of a speaker system WIth A VC capabIlItIes provIdes reductIOn In speaker volume levels as the ambIent nOIse levels decreases dunng the evenIng, nIght, and early mornIng hours (c) The proposed bUIldIng and property at the PacIfic Gateway Plaza would be adequate In SIze, shape, topography and locatIOn to meet the needs of the proposed use of the property and the proposed drIve through wmdow The basIc buIldIng arrangements and uses were approved pUIsuant to SIte Plan RevIew 05-1 (d) ReqUIred adherence to applIcable bUIldIng and fire codes ensures there WIll be adequate water supply and utIlItIes for the proposed use SectIOn 6 Based upon the foregoIng, the Plannmg CommIssIon hereby approves CondItIOnal Use PermIt 07-3, subJect to the followmg condItIons 1 CUP No 07-3 IS approved for a 24-hour bUSIness operatIon, an outdoor seatIng area, and a drIve-through WIndow m conJunctIOn WIth a proposed Starbuck's Coffee Company store located m the PacIfic Gateway Plaza Center, at 2311 Seal Beach Boulevard 2 All constructIOn shall be m substantIal complIance WIth the conceptual plans approved by CUP 07-3 Plans for the separatIon wall between the outdoor seatmg area and drIve msles shall be approved by the DIrector of Development ServIces Any substantIal change In the floor plan or other deViatIon from the plans submItted as a part of thIS applIcatIOn shall reqUIre an amendment to thIS CondItIonal Use PermIt 3 The Menu Board shall be eqUIpped WIth an "automatIc volume control" (A VC) capable of adJustmg outbound volume based on the outdoor, ambIent nOIse level, SaId system shall be substantIally eqUIvalent to the HM ElectronIC, Inc system A VC capabIlItIes 4 The InItIal hours of operatIon shall be D 5 AM to 11 PM Monday-Thursday, D 5 AM to mIdnIght FrIday and Saturday, and D 6 AM to 11 PM on Sunday 5 Any future Increase In operatmg hours shall not commence untIl the bUSIness operator provIdes a 30-day notIce to the Department of Development ServIces of the change m operatmg hours 6 No VIdeo games or SImIlar amusements shall be permItted on the premIses unless a separate condItIonal use permIt IS approved for that use CUP 07 3 2311 SSB Starbucks PC Reso 4 Planmng Commission ResolutIOn 07-8 ConditIOnal Use Permit 07-3 2311 Seal BeaGh Boulevard (Starbucks) February 7, 2007 7 LItter and trash receptacles shall be located at convenIent locatIOns mSIde and outsIde the establIshment Operators of such establIshments shall remove trash and debrIs on an appropnate basIs so as not to cause health problems There shall be no dumpIng of trash and/or glass bottles outsIde the establIshment between the hours of 10 00 P m and 7 00 a m 8 In the event staff determmes 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 prOVISIons of addItIOnal securIty measures 9 There shall be no lIve entertamment, amplIfied mUSIC, or danCIng permItted wIthm the outdoor dInIng area at any tIme 10 The establIshment shall comply WIth Chapter 7 15, "NOIse", of The MUnIcIPal Code of the CIty of Seal Beach as the regulatIOns of that Chapter now eXIst or may hereafter be amended Should complamts be receIved regardmg nOIse generated by the establIshment, the PlannIng CommISSIOn reserves the rIght to schedule the subJect CUP for reconSIderatIon and may require the applIcant/operator to mItIgate the nOIse level to comply WIth the proVISIOns of Chapter 7 15 11 ThIS CUP shall not become effectIve for any purpose unless/untIl a CIty "Acceptance of CondItIons" form has been SIgned by the applIcant m the presence of the DIrector of Development ServIces, or notarIzed and returned to the PlannIng Department, and untIl the 10 calendar-day appeal penod has elapsed 12 A modIficatIOn of thIS CUP shall be applIed for when a The establIshment proposes to modIfy any of ItS current CondItIons of Approval, except for hours of operatIon b There is a substantIal change m the mode or character of operatIons of the establIshment 13 The Plannmg CommISSIOn reserves the rIght to revoke or modIfy thIS CUP pursuant to ArtIcles 25 and 28 of The MUnICIpal Code of the CIty of Seal Beach If harm or retaIl-related problems are demonstrated to occur as a result of crImInal or antI-socIal behaVIOr, Includmg but not lImIted to the congregatIon of mInors, VIOlence, publIc drunkenness, vandalIsm, solICItatIOn and/or lItter 14 ThIS CUP shall become null and VOId unless exercIsed WIthIn I 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 CUP 07 3 2311 SBB Starbucl.s PC Rcso 5 Planmng CommiSSIOn Resolution 07-8 ConditIOnal Use Per/nit 07-3 2311 Seal Beach Boulevard (Starbucks) February 7, 2007 15 The applIcant shall mstall and maIntaIn In operatIOn at all tImes a drIve-through orderIng system whIch shall be approved by of the DIrector of Development ServIces ThIS drIve through operatIng system shall be approved consIderIng all potentIal effects by the system Includmg, but not lImIted to, nOIse and potentIal for graffitI 16 The term of thIS permIt shall be 12 months, begInnIng the first day of operatIOn of the busIness operatIOn At the end of the InItIal term, the applIcant may apply to the CIty for an IndefinIte extensIOn The PlannIng CommIssIOn may grant an extensIOn as dIscussed above, provIded that all CondItIons of Approval have been met and no SIgnIficant polIce or other problems have occurred The applIcant IS hereby adVIsed that a new applIcatIOn and accompanymg fee must be submItted to the City prIor to conSIderatIOn of any extensIOns 17 If any claIm, actIOn or proceedmg (collectIvely "actIOn") IS InstItuted by a thIrd party or partIes challengmg the valIdIty of the thIS approval, Developer and City shall cooperate In defendIng any such action CIty shall notIfy Developer of any such actIOn agaInst CIty WIthm ten workmg days after CIty receIves serVIce of process, except for any petItIon for mJunctIve relIef, m whIch case CIty shall notIfy Developer ImmedIately upon receIpt of notIce thereof Developer shall Indenllllfy, hold harmless and defend CIty, and any of ItS officers, employees or agents for any actIOn by a thud party or partIes brought to challenge the ProJect Approvals, prOVIded, however, that If CIty faIls promptly to notIfy Developer of any actIon agamst CIty, or If CIty faIls to cooperate In the defense, Developer shall not thereafter be responsIble for CIty'S defense Developer shall reImburse all of CIty'S defense costs IncludIng, WIthout lImItatIOn, court costs, attorney's fees Incurred by counsel selected by the CIty, and expert WItness fees Developer shall promptly pay all monetary awards, Judgments, verdIcts, court costs and attorneys fees that may be awarded In such actIOn PASSED, APPROVED AND ADOPTED by the Plannmg CommISSIOn of the CIty of Seal Beach at a meetmg thereof held on the 7th day of February 2007, by the followmg vote A YES CommIssIOners BELLO, LADNER, O'MALLEY, ROBERTS, AND DEATON NOES CommIssIOners ABSENT CommISSIOners ABSTAIN CommISSIOners CUP 07 3 2311 SBB Starbucks PC Reso 6 M hIttenberg, Secretary PannIng CommISSIOn CUP 07 3 2311 SBB Starbud.s PC Reso 7 Planning COl1l1nlSSlOn ResolutIOn 07-8 ConditIOnal Use Pennlt 07-3 2311 Seal Beach Boulevard (Starbucks) Feb/uOlY 7, 2007 i:;<Ul/n ~ llery Deat n, ChaIrperson PlannIng CommIsSIon