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HomeMy WebLinkAboutPC Res 01-43 - 2001-10-03 RESOLUTION NUMBER 01-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 01-13, APPROVING AN OUTDOOR FOOD SERVICE AREA IN CONJUNCTION WITH A COFFEE HOUSE BUSINESS AT 12430 SEAL BEACH BOULEVARD, SUITE A (OLD RANCH TOWNE CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On Scptember 13, 2001, Tom Lao (the "Applicant") filed an application with the Department of Development Services [or Conditional Use Permit 01-13. A conditional use pennit is required to allow for the provision of outdoor seating for a Sturbucks Coffee Company business at 12430 Seal Beach Boulevard, Suite A. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II.C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEllt), to study the environmental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and related General Plan amendments. The DEIR was circulated for public review and comment from April 15, 1998 to May 29, 1998, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines. Upon completion of the public review period, a Final Environmental Impact Report was reviewed by the Planning Commission at a public hearing held on September 9, October 21, and November 4, 1998. After the public hearing, the Planning Commission found, through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (EIR) is adequate under CEQA. Aftcr eonsideLing the Final ElR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying thc Final EIR and adopting a statement of oven'iding considerations. On August 23, 1999, the City Council conductcd a public heuring to consider revisions to the EIR and a statcment of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. Thc approval of this resolution is within the scope oflhe project analyzcd in the Final EIR, as revised, and City Council Resolution No. 4728 is hereby incorporated by this reference. Section 3. A duly noticed public hearing was scheduled before the Planning Commission on Octobcr 3, 2001, to consider the application [or Conditional Use Permit 01-13. Section 4. The record of the hearing of October 3, 2001 indicates the following: (a) On September 13, 2001, Tom Lao (the "Applicant") filed an application with the Department of Dcvelopment Services [or Conditional Use Pennit 01- 13. (b) outdoor seating for Boulevurd, Suite A. A conditional use permit is required to allow for the provision of a Starbucks Co/Tee Company business at 12430 Seal Beach (c) Thc applicant is proposing to provide a maximum of 10 outdoor seats in conjunction with a Starbucks Coffee Company business, on property located on C IMy ()oeumcnl>IRESOICUP 01-13 (Stmbueks).PC Reso doeILWllU-{)3-01 Plall/ung CommiSSIOn Resolution 01-43 Conditional Use Pernlll 01-13 12430 Seal Beach Boulevard (8tm buck~ Coffee) October 3, 2001 the east side of Seal Beach Boulevard, approximately 90 feet south the intersection of Towne Center Drivc and Seal Beach Boulevard. (d) The proposed development is located in the General Commercial (C-2) zone withm the Old Ranch Towne Centcr, a 26.045-aere commercial shopping center site located at the northeast comer of Seal Beach Boulevard and St. Cloud. (e) The commercial shopping center includes 286,967 square feet of retail commercial floor area separated into numerous building pads, which includes an outdoor nursery service area of approximately 10,000 square feet attached to one of those retail sites, approximatcly 1,564 parking spaces and landscaping. The center is currently being developed. Major tenants within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; Sav-On Drugstore; and Islands Restaurant. (f) Surrounding land uses and zoning are as follows: North, South & East - remaining portions of Old Ranch Towne Center in the General Commercial (C-2) zone. West - across Seal Bcaeh Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center development, in the City of Seal Beach. (g) The City Council has approvcd requests by the Bixby Ranch Company for General Plan amendments, zone changes, subdivision map approvals and devclopmcnt agreement approvals to conform the General Plan land use designations and zoning of the subject area to conform to the proposed uses of land set forth in this application. (h) The proposed devclopment plan complies with all CIty standards regarding minimum lot size, building setbacks, lot coverage, building hcight, landscapmg, and parking requirements Section 5. Based upon the facts contained in the record, including those statt:d in ~4 of this resolution and pursuant to the City Code, the Planning Commission makes the following findings: (a) CUP No. 01-13 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial" designation for the subject property and permits the outdoor food service areas subject to the issuance of a Conditional Use Pennit. The use is also consistent with the remaining elements of the City's General Plan, as the polIcies of those clements are consistcnt with, and reflected in, the Land Use Element. Accordingly, the proposcd use is consistent with the General Plan. (b) The building and property at the subject site of the Old Ranch Townc Ccnter are adequate in size, shape, topography and location to meet the needs of the proposed use ofthe property. The entire shopping center is approximately 25 acres m area and is currently being developed. Major tenants within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; Sav-On Drugstore; and Islands Rcstaurant. The proposed development plan complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height, landscaping, and parking requirements. (c) Required adherenec to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. (d) The nearest homes to the requested outdoor seating area are to the southwest and northeast of the shopping center, in excess of 500 fect in eithcr direction. Given the nature o[ the outdoor seating area and the olientation of the seating area away from the residential development and the distance to existing residential areas, the CUP Ol-D (Sllllbucks) PC Reso 2 Planning Comnllssion Resolll/lOn 01-43 Conditional Use Permit 01-13 12430 Seal Beach Boulevard (Sta/'bllcks Coffee) Octoher 3, 2001 proposed outdoor scating arca is compatiblc with the character of the surrounding area. Adherence to conditions of approval placed on the use by the City of Seal Beach should mitigatc any ncgativc impacts to neighboting reSidential properties. Scction 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 01-13, subject to the following conditions: 1. Conditional Use Permit 01-13 at 12430 Seal Beach Boulevard, Suite A, is approved [or an outdoor food service arca, with a maximum of 10 outdoor seats at five separate 2-person tables located adjacent to the storefront. 2. Maintain a minimum of a 5-foot clear pedestrian path between the proposed extetior seats and tables and any adjacent structure columns. All extcrior scats and tables are to be maintained immediately adjacent to the front wall of the business. 3. Exterior lighting in the outdoor seating area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding commercial areas. 4. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Director o[ Development Services. 5. The establishment shall have a public telephone listing. 6. 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 oftrash and/or glass bottles outside thc establishment betwcen the hours o[ 11:00 p.m. and 7:00 a.m. 7. In the event staff dcLennines 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. 8. There shall bc no live enteltainment, amplified music, or dancing permitted on the prcmises at any time, unless specifically authorized by a Conditional Use Permit issued by the City and unless sllch uses are consistent with the license conditions imposed by ABC or a Special Activities permit is issued to the applicant by the City. 9. The establishment shall comply with Chapter 130, "Noise Control", o[The Code of the City of Seal Beach as the regulations o[ 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 schedulc the subject Conditional Usc Pennit for reconsideration and may rcquire the apphcant/operator to mitigatc the noise level to comply with the provisions of Chaptcr 130. 10. A modification ofthis Conditional Use Pennit shall bc applied [or when: a. The establishmcnt proposcs to change the typc, numbcr or general location of the outdoor seating area. b. The establishment proposes to modify any of its current Conditions of Approval. c. Thcrc is a substantial change in the mode or character of operations of the establishment. II. Thc Planning Commission reserves the right to revoke or modify this Conditional Use Pennit pursuant to Alticles 25 and 28 of The Code of the City o[Seal Beach if harm or retail-related problems are demon!>trated to occur as a result of criminal CUP 01-13 (Sial bucks) PC Rcso 3 Planning Conlllllssion ResolutlOll 01-43 Conditional Use Permit 01-13 12430 Seal Belich Boulevard (Starbuck~ Coffee) October 3, 2001 or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 12. This Conditional Use Pennit 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. 13. This Conditional Use Permit shall not become effective for any pUIpose 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. 14. The term of this permit shall be twelve (12) months. At the end of the initial term, the applicant may apply to the City for an extension of Conditional Use Permit 01-13. The Planning Commission may grant an indefinite extension 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 an indefinite penn it. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meetmg thereof held on the 3rd day of October, 2001, by the following vote: AYES: Commissioners Brown, Cutuli, Hood and Sharp NOES: Commissioners ABSENT: Commissioners Ladner ABSTAIN: Commissioners {eH~l~ I Chainnan of the Planning Commission CUP 01-13 (SIal bucks) PC Reso 4