HomeMy WebLinkAboutPC Res 04-27 - 2004-05-05
RESOLUTION NUMBER 04-27
OR/Ch.
1,- 'I
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT NO.
01-13 (INDEFINITE EXTENSION), APPROVING
AN OUTDOOR SERVICE AREA IN
CONJUNCTION WITH A COFFEE HOUSE
BUSINESS (STARBUCK'S) AT 12430 SEAL
BEACH BOULEY ARD (OLD RANCH TOWNE
CENTER)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOL YE:
Section 1. On Apnl 8, 2004 Tom Lao, representing Starbuck's, (the
"ApplIcant") filed an application with the Department of Development Services for Conditional
Use Permit 01-13 (Indefinite Extension). A conditional use permit is required to allow for the
provision of outdoor seatmg for a coffee house business (Starbuck's) at 12430 Seal Beach
Boulevard.
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 (DEIR), to study the environmental impacts arismg 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 Plannmg 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. After conSIdering the Fmal EIR 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 the Final EIR and adoptmg a statement of overriding consideratIons. On August
23, 1999, the City Council conducted a public hearing to consider revisions to the EIR and a
statement of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange
County Superior Court. The approval of this resolution is WIthin the scope of the project
analyzed in the Final EIR, as revised, and City Council Resolution No. 4728 is hereby
incorporated by this reference.
Section 3. A duly noticed pubhc hearmg was scheduled before the Planning
Commission on May 5, 2004, to consider the application for Conditional Use PermIt 01-13
(Indefinite Extension).
Section 4.
The record of the hearing of May 5,2004 indicates the followmg:
(a) On Apnl 8, 2004, Tom Lao, representing Starbuck's (the "Apphcant")
filed an application with the Department of Development Services for
Conditional Use PermIt 01-13 (Indefinite ExtenSIon).
(b) A conditional use permit is required to allow for the proviSIon of outdoor
seating for a coffee house business (Starbuck's) at 12430 Seal Beach
Boulevard.
(c) The applicant is proposing to continue to provide a maximum of 1 0
outdoor seats in conjunction with an existing coffee house business, on
property located at 12430 Seal Beach Boulevard, in what is commonly
referred to as the "Bixby Old Ranch Towne Center."
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Planmng CommISSIOn ResolutIOn No 04-27
CondItIOnal Use PermIt 01-13 (Indefinite ExtensIOn)
12430 Seal Beach Boulevard (Starbuch)
May 5, 2005
(d) The existing coffee house business is located in the General Commercial
(C-2) zone within the Old Ranch Towne Center, a 26.045-acre commercial
shopping center site located at the northeast corner of Seal Beach
Boulevard and St. Cloud.
(e) 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 Beach Boulevard, in the General Commercial (C-2)
zone IS the Rossmoor Center development, in the City of Seal Beach.
(f) The eXIsting coffee house bus10ess and building complies wIth all City
standards regarding minimum lot size, building setbacks, lot coverage,
building heIght, landscaping, and park10g requirements
Section 5. Based upon the facts contained in the record, mcluding those stated
in ~4 of this resolution and pursuant to the City Code, the Plann10g Commission makes the
following findings:
. CUP No. 01-13 (Indefinite Extension) 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 outdoor food service areas 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.
. The building and property at the subject site of the Old Ranch Towne Center are adequate in
size, shape, topography and location to meet the needs of the proposed use of the property.
The entire shopping center IS approximately 25 acres in area. Major tenants within the
shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; Sav-On Drugstore;
Macaroni Grill Restaurant; and Islands Restaurant. The existing building & shopping center
complies with all City standards regard10g mImmum lot size, building setbacks, lot coverage,
building height, landscaping, and park10g requirements.
. Required adherence to applicable bUIld10g and fire codes ensure there will be adequate water
supply and utilities for the proposed use.
. The nearest homes to the requested outdoor seating area are to the southwest and northeast of
the shopping center, in excess of 500 feet 10 either direction. Given the nature of the outdoor
seating area and the orientation of the seating area away from the reSIdential development
and the distance to existing reSIdentIal areas, the outdoor seating area continue to be
compatible with the character of the surrounding area. Adherence to conditions of approval
placed on the use by the CIty of Seal Beach should mitigate any negative impacts to
neighboring residential properties.
Section 6. Based upon the foregoing, the Planning CommISSIon hereby
approves CondItional Use Permit 01-13 (Indefimte Extension), subject to the follow1Og
conditions:
1. Conditional Use Permit 01-13 (Indefinite Extension) at 12430 Seal Beach Boulevard is
approved for an outdoor food service area, with a maximum of 20 outdoor seats at six
separate 2-person tables and two separate 4-person tables located adjacent to the
storefront, on the east side of the build1Og.
2. Maintain a minimum of a 5-foot clear pedestrian path between the proposed extenor seats
and tables and any adjacent structure columns, dnve Isle, or parking lot.
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Planning CommISSIOn ResolutIOn No 04-27
CondItIOnal Use Permzt 01-13 (Indefinite ExtensIOn)
12430 Seal Beach Boulevard (Starbucks)
May 5, 2005
3. The applicant will prominently display these CondItions of Approval in a locatIon wIthm
the businesses' customer area that is acceptable to the Director of Development Services.
4. 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 provision of additional security measures.
5. A modification of this CondItional Use Permit shall be applied for when:
a. The establishment proposes to change the type, number or general location of the
outdoor seating area.
b. The establishment proposes to modify any of its current Conditions of Approval.
c. There is a substantIal change in the mode or character of operations of the
establishment.
6. This Conditional Use Permit shall not become effective for any purpose unless/until a
City "Acceptance of Conditions" form has been signed by the apphcant 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.
7. The hours of operation shall be 6:00 AM to 11 P.M. daily.
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 Seal Beach Municipal Code, to
require the provision of additional security measures.
9. The establishment shall have a pubhc telephone listing.
10. Litter and trash receptacles shall be located at convenient locations inside and outside the
establishment, and operators of such estabhshments shall remove trash and debris on an
appropriate basis so as not to cause a health problem. 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
11. 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.
12. There shall be no live entertainment, amplified music, or dancing permitted on the
premises at any time, unless specifically authorized by a conditional use permit issued by
the City and unless such uses are consistent with the license conditions imposed by the
State of California Department of Alcoholic Beverage Control.
13. The proposed facility shall comply with Chapter 13D, "Noise Control", of the Code of
the Cltv of Seal Beach as the regulations of that Chapter now exist or may hereafter be
amended. Should complaints be received regarding noises generated by the facility, the
Planning Commission reserves the right to schedule the subject permit for
reconsideration and may reqUIre the applicant/operator to mitIgate the nOIse level to
comply with the provisions of Chapter 13D.
14. 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
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Planning CommIssIOn ResolutIOn No 04-27
Condltwnal Use PermIt 01-13 (Indefimte ExtensIOn)
12430 Seal Beach Boulevard (Starbucks)
May 5, 2005
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 obhgation to indemnify, defend and hold harmless the City as stated herem
shall include, but not be hmIted to, paYing all fees and costs incurred by legal counsel of
the City's choice in representmg 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.
PASSED, APPROVED AND ADOPTED by the Planning CommIssIon ofthe City of Seal Beach
at a meeting thereof held on the 5th day of May 2004 by the following vote:
AYES: CommIssioners
Sharp, Deaton, Eagar, Ladner, and Shanks
NOES: Commissioners
None
ABSENT: CommissIOners None
~~J ~~p
'/ James Sharp /
J' Chairperson, Planning CommissIOn
C-.
Mac Cummins, AICP
Secretary Planning Commission
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