HomeMy WebLinkAboutPC Res 08-27 - 2008-10-22
RESOLUTION NUMBER 08-27
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING THE
INDEFINITE EXTENSION OF CONDITIONAL USE
PERMIT 07-3, ALLOWING A 24-HOUR BUSINESS
OPERATION, AN OUTDOOR SEATING AREA, AND
A DRIVE THROUGH WINDOW AT 2311 SEAL
BEACH BOULEVARD, SEAL BEACH.
(STARBUCKS COFFEE)
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
Retail, LLC (the "Applicant") filed an application with the Department of Development Services
for Conditional Use Permit 07-3 for patio seating, a drive through window, and 24-hour business
operation in conjunction with a Starbucks 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.' On September 15, 2008, David Glassman filed an application for
the Indefinite Extension of Conditional Use Permit 07-3 with the Department of Development
Services.
Section 3. Pursuant to 14 California Code of Regulations 915305 and 9II(B)
of the City's Local CEQA Guidelines, staff has determined as follows: the application for
Conditional Use Permit 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 Califomia Code of Regulations ~15301 (Minor
Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an
existing use; pursuant to 915305 (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 of20% slope or a change in land use or density.
Section 4. A duly noticed public hearing was held before the Planning
Commission on October 22, 2008, to consider the application for the Indefinite Extension of
Conditional Use Permit 07-3. At the public hearing the Planning Commission considered all
evidence presented.
Section 5.
The record of the hearing of October 22, 2008, indicates the
following:
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Planning Commission Resolution No. 08-27
Conditional Use Permit 07-3 (Indefinite Extension)
2311 Seal Beach Boulevard (Starbucks Coffee)
October 22, 2008
(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) On September 15, 2008, David Glassman filed an
application with the Department of Development Services for the Indefinite Extension of
Conditional Use Permit 07-3
(c) Specifically, the applicant is currently providing patio
seating, a drive through window, and 24-hour business operation in conjunction with a Starbucks
Coffee Shop, located in the Pacific Gateway Plaza retail development at 2311 Seal Beach
Boulevard. The current operating hours are 5 AM to 11 PM Monday-Thursday; 5 AM to
midnight Friday and Saturday; and 6 AM to 11 PM on Sunday
(d) The Starbucks store comprises approximately 1,700 square
feet and is located within the northerly one-half of "Building 4." There is interior seating for
approximately 20 persons.
(e) 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 contains approximately 19,525 square feet of commercial retail development in
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.
(f) 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 ofthe project.
(g) The nearest residential property is located to the north of
Westminster Avenue in Leisure World. Leisure World is approximately 600 feet from the
proposed drive-through facility.
(h) The speaker system for placing orders at the menu board
incorporates an "automatic volume control" (A VC) which adjusts the outbound volume based on
the outdoor ambient noise level. As the ambient noise level naturally decreases during the
evening and at night, the A VC reduces the outbound volume on the speaker system. Information
provided by the manufacturer of the system indicates the following noise reduction levels with
the A VC system:
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Planning Commission Resolution No. 08-27
Conditional Use Permit 07-3 (Indefinite Extension)
2311 Seal Beach Boulevard (Starbucks Coffee)
October 22, 2008
, . .~ - ~ ,~, ,
,:AVe System Noise Red~ctions" " ":> ~
..
. ,D~stance from .QuJside Dedbel Level of Standard Decibel Lev.el o~,:Stimdard
" ,,\ . .' '.' " Sys~em with 45 db of Outslc!e' ' :' System 4~5' ".'db
: Spe~e'r (Feet)- , with of
" Noise Without A VC Outside No'ise With A VC
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
(i) The surrounding land uses and zoning are as follows:
WEST:
The Boeing Integrated Defense Systems property and existing
facilities in a Light Industrial (M-l) Zone. The property development
standards for the Boeing property are controlled by the adopted Boeing
Integrated Defense Systems Specific Plan.
NORTH:
Residential housing units within the Residential High Density (RHD)
Zone in Leisure World approximately 600 feet to the north, across
Westminster Avenue.
EAST and SOUTH: Across Seal Beach Boulevard is the Seal Beach Naval Weapons
Station in a Public Land Use (PLU/R) Zone.
Section 6. Based upon the facts contained in the record, including those stated
in ~4 of this resolution and pursuant to ~~28-1300; 28-1700; 28-2503; and 28-2504 of the City's
Code, the Planning Commission makes the following findings:
(a) Conditional Use Permit 07-3 (IE) is consistent with the
provisions 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 "Boeing Integrated Defense Systems Specific Plan", and is located in Planning
Area 4, which allows for the previously-approved hotel and retai 1 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 surrounding
residential and commercial uses, as there are many restaurants currently in operation at this
general location, and the use of a speaker system with A VC capabilities provides reduction in
speaker volume levels as the ambient noise levels decreases during the evening, night, and early
morning hours.
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Planning Commission Resolution No. 08-27
Conditional Use Permit 07-3 (Indefinite Extension)
2311 Seal Beach Boulevard (Starbucks Coffee)
October 22, 2008
(c) The building and property at the Pacific Gateway Plaza are
adequate in size, shape, topography and location to meet the needs of the use of the property and
the drive through window. The basic building arrangements and uses were approved pursuant to
Site Plan Review 05-1.
(d) Required adherence to applicable building and fire codes
ensures that there will be adequate water supply and utilities for the proposed use.
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 07-3 (IE), subject to the following conditions:
1. Conditional Use Permit 07-3 (IE) is approved for a 24-hour business operation, an outdoor
seating area, and a drive-through window in conjunction with a proposed Starbucks Coffee
Company store located in the Pacific Gateway Plaza Center, at 2311 Seal Beach Boulevard.
2. All construction shall be in substantial compliance with the conceptual plans approved by
Conditional Use Permit 07-3. 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
adjusting 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:
o 5 AM to 11 PM Monday-Thursday;
o 5 AM to midnight Friday and Saturday; and
o 6 AM to 11 PM on Sunday.
5. While the subject business is approved for a 24-hour operation, any future increase in
operating hours from those stated in Condition #4 shall not commence until the business
operator provides a 30-day notice to the Department of Development Services of the
change in operating 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.
7. 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.
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Planning Commission Resolution No. 08-27
Conditional Use Permit 07-3 (Indefinite Extension)
23 J J Seal Beach Boulevard (Starbucks Coffee)
October 22,2008
8. 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.
9. There shall be no live entertainment, amplified music, or dancing permitted within 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 complaints be received regarding noise generated by the establishment,
the Planning Commission reserves the right to schedule the subject Conditional Use Permit
for reconsideration and may require the applicant/operator to mitigate the noise level to
comply with the provisions of Chapter 7.15.
11. This Conditional Use Permit 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 10 calendar-day appeal period has elapsed.
12. A modification of this Conditional Use Permit 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 in the mode or character of operations of the
establishment.
13. The Planning Commission reserves the right to revoke or modify this Conditional Use
Permit 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, including but not limited to the congregation of minors, violence, public
drunkenness, vandalism, solicitation and/or litter.
14. This Conditional Use Permit shall become null and void unless exercised within 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.
15. The applicant shall install 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
including, but not limited to, noise and potential for graffiti.
16. 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
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Planning Commission Resolution No. 08-27
Conditional Use Permit 07-3 (indefinite Extension)
2311 Seal Beach Boulevard (Starbucks Coffee)
October 22, 2008
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 pemlitted 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.
17. Failure to comply with any of the aforementioned 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 22nd day of October 2008 by the following vote:
AYES: Commissioners Deaton, Bello, Delay, Massa-lavitt, and Eager
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
~
/ -fiery Deaton -
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commission
*****
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