HomeMy WebLinkAboutPC Res 00-19 - 2000-08-03
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RESOLUTION NUMBER 00-19
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CUP NO. 00-2,
ALLOWING THE CHANGE IN USE FROM A
DRIVE THROUGH FAST FOOD
RESTAURANT TO A DRIVE THROUGH
COFFEE HOUSE AND INTERIOR
ALTERATIONS AT 770 PACIFIC COAST
HIGHWAY, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On April 13, 2000, Tom Lao (the "Applicant") filed an
application with the Department of Development Services for Conditional Use Permit 00-
2 for the change in use from a drive through fast food restaurant to a drive through coffee
house, and to allow interior alterations at 770 Pacific Coast Highway.
Section 2. Pursuant to 14 California Code of Regulations 915305 and
Sl1(B) of the City's Local CEQA Guidelines, staff has determined as follows: the
application for CUP 00-2 for the proposed interior remodeling is categorically exempt
from review pursuant to the California Environmental Quality Act pursuant to 14
California Code of Regulations SI5301 (Minor Alterations in Land Use Limitations),
because the proposal involves a negligible expansion of an existing use; pursuant to
S 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 May 17, 2000, to consider the application for CUP 00-2. Written
evidence was submitted for or against the project, and at the public hearing members of
the audience spoke both in favor and against the proposal. The Planning Commission
determined to continue the public hearing to June 14, and subsequently determined to
continue the public hearing to July 19,2000, and then to August 9,2000.
Section 4.
indicates the following:
The record of the hearing of May 17 and August 9, 2000
(a) On April 13, 2000, Tom Lao submitted an application for CUP 00-
2 with the Department of Development Services.
(b) Specifically, the applicant is proposing to change the use of an
existing drive through restaurant to a drive through coffee house and to undertake interior
alterations on property located in a General Commercial (C-2) zone.
(c) The subject property contains approximately 12,631 square feet.
The property is located on the South side of Pacific Coast Highway, in a General
Commercial (C-2) zone.
(d) The subject property is described as Orange County assessor's
parcel number 043-111-29.
(e) The subject property contains an existing drive-through, fast-food,
restaurant that has been in operation for approximately 6 years. Before that, the property
was utilized as a bank.
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Planning Commission Resolution 00-/9
Conditional Use Permit 00-2
770 Pacific Coast Highway (Starbucks)
August 23. 2000
(f)
The City has granted the following approvals for the property:
. Variance 94-5 for a reduction of required number of parking
spaces.
. Conditional Use Permit 94-4 for the use of a drive through
window in conjunction with a fast food restaurant.
(g) The surrounding land uses and zoning are as follows:
NORTH
Single Family Houses in a Residential Low
Density (RLD) Zone
WEST & EAST
Businesses including the Raddison Hotel
and the Bay City Center in a General
Commercial (C-2) zone.
SOUTH
various residential developments single
family and multiple family, in the
Residential High Density (RHD) Zone.
Section 5. Based upon the facts contained in the record, including
those stated in S4 of this resolution and pursuant to SS28-1400, 28-2503 and 28-2504 of
the City's Code, the Planning Commission makes the following findings:
(a) Conditional Use Permit 00-2, as conditioned, is consistent with the
provIsions of the Land Use Element of the City's General Plan, which provides a
"General Commercial" zoning designation for the subject property and permits drive
through restaurants subject to the issuance of a conditional use permit. The proposed
conditional use permit is to change the use from a drive through restaurant to a drive
through coffee house and to permit interior alterations. 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 drive through operation and interior alterations, as
conditioned, are consistent with surrounding residential and commercial uses, in that a
restaurant with a drive-through window has been in operation at the site for several years.
A "Trip Generation Study for the Proposed Starbucks at 8th Street and Pacific Coast
Highway, Seal Beach", prepared by Linscott, Law and Greenspan, dated August 1,2000,
indicates the proposed Starbucks project will cause a net decrease in traffic,
corresponding to a reduction of between 149-390 daily trips, 1-26 AM peak hour trips,
and 30-43 PM peak hour trips.
(c) The building and property at 770 Pacific Coast Highway are
adequate in size, shape, topography and location to meet the needs of the proposed use of
the property, in that a fast-food restaurant with a drive-through window has been in
operation at the site for several years. A "Trip Generation Study for the Proposed
Starbucks at 8th Street and Pacific Coast Highway, Seal Beach", prepared by Linscott,
Law and Greenspan, dated August 1, 2000, indicates the results of the level of service
analysis performed indicate that the 8th Street/PCH intersection currently operates at
acceptable LOS A. If Starbucks were developed in place of the existing Burger King, the
net reduction in traffic generated by the site will result in better levels of service at the
stop-controlled intersection during the morning and afternoon peak commute hours.
(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 Planning Commission
hereby approves Conditional Use Permit 00-2, subject to the following conditions:
CUP DO.2.PC Reso (Starbuck's)
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Planning Commission Resolution 00-19
Conditional Use Permit 00-2
770 Pacific Coast Highway (Starbucks)
August 23. 2000
1.
CUP No. 00-2 is approved to change the land use of the building at 770
Pacific Coast Highway from a fast food restaurant to a coffee house; to
modify the existing dri'-:e-through window operation; and to approve an
interior remodeling plan for the existing structure. Said use is approved in
substantial conformance with plans dated March 3 and March 10, 2000, on
file in the Department of Development Services.
2.
The hours of operation for the coffee house shall be daily - 6:00 A.M. to
12:01 A.M. The last customer service shall be served at 11 :45 P.M. with all
patrons out of the building by 12:01 A.M. The hours of operation of the
drive-through window shall be daily - 6:00 A.M. to 9:00 P.M.
There shall be no interior maintenance or other business related activities
between the hours of 12:30 A.M. and 6:00 A.M. of the same day. There shall
be no exterior maintenance between the hours of 12:01 A.M. and 6:00 A.M.
of the same day.
3.
4.
All deliveries shall take place between the hours of 7:00 A.M. and 8:00 P.M.
5.
The volume of the drive-through window ordering system shall be turned
down to its lowest audible level at the southerly property line between 6:00
A.M. and 7:00 A.M.
6.
The applicant shall install and maintain in operation at all times only the
Horizon™ drive-through ordering system or a substantially similar alternative
with the approval of the Director of Development Services.
,
7. The applicant remains bound by all the conditions of all previous
discretionary approvals for the property.
8. The play area shall be removed and that area shall not be used in any manner
in conjunction with the serviCe or operation of the Coffee House.
Development plans for this area, along with exterior color/material
modifications and landscaping improvements, shall be approved by the
Department of Development Services prior to the issuance of a building
permit for the interior modifications to the existing structure.
9. The City Engineer reserves the right to restrict access into parking lot from the
Alley on the West side of the property if a stacking problem begins to appear.
10. No video games or similar amusements shall be permitted on the premises
unless a separate conditional use permit is approved for that use.
11. 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 and/or glass bottles outside the
establishment between the hours of 10:00 p.m. and 7:00 a.m.
12. In the event staff 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 provisions of additional security
measures.
13. There shall be no live entertainment, amplified music, or dancing permitted
within the outdoor dining area at any time.
14. The establishment shall comply with Chapter 13D, "Noise Control", of The
Code of the Citv of Seal Beach 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
CUP 00-2.PC Reso (Starbuck's)
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.
Planning Commission Resolution 00-19
Conditional Use Permit 00-2
770 Pacific Coast Highway (Starbucks)
August 23. 2000
schedule the subject CUP for reconsideration and may require the
applicant/operator to mitigate the noise level to comply with the provisions of
Chapter l3D.
15. 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.
16. 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.
17. The Planning Commission reserves the right to revoke or modify this CUP
pursuant to Articles 25 and 28 of The 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, including but not limited to the congregation of minors,
violence, public drunkenness, vandalism, solicitation and/or litter.
18. The Planning Commission reserves the right to revoke or modify this CUP
pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if
traffic. related problems are demonstrated to occur as a result of the operation
of the drive-through window.
19. This CUP shall become null and void unless exercised within one (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.
20. The applicant shall inform the Director of Development Services in writing of
the first business day for the subject business. During the third and fourth
month of business operation, the City shall cause a traffic monitoring program
to be conducted on the subject premises to ascertain the traffic pattern and trip
generation characteristics of the subject premises. Applicant shall reimburse
the City for all costs related to this traffic monitoring program. The report of
this traffic monitoring program shall be provided to the Planning Commission
for consideration in its review of an indefinite extension request in accordance
with the provisions of Condition 16, below.
21. The term of this permit shall be four (4) months, beginning the first day of
operation of the new restaurant. 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
accompanying fee must be submitted to the City prior to consideration of any
extensions.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 3t'^ day of
p..,. ~" .."'l:- ,2000, by the following vote:
CUP 00-2.PC Reso (Starbuck's)
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Planning Commission Resolution 00-19
Conditional Use Permit 00-2
770 Pacific Coast Highway (Starbucks)
August 23, 2000
AYES: Commissioners
Brown, Cutuli. Hood. Lyon and Sharp
NOES: Commissioners
None
ABSENT: Commissioners
None
ABSTAIN: Commissioners
None
& /'(~-I-
David Hood, Ph.D.
Chairman of the Planning Commission
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ee Whittenberg
Secretary of the Planning Commission
CUP 00-2.PC Reso (Starbuck's)
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