CC 2016-02-09_10a CUP Starbucks Coffee Company
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING. ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT 15-010;
INCIDENTAL ON-SITE SALE OF BEER AND WINE WITH
ASSOCIATED ARCHITECTURAL MODIFICATIONS; LOCATION - 924
WEST BRANCH STREET; APPLICANT - STARBUCKS COFFEE
COMPANY; REPRESENTATIVE - SPENCER REGNERY, GPA, INC.
DATE: FEBRUARY 9, 2016
RECOMMENDATION:
The Planning Commission recommends the City Council adopt a Resolution approving
Conditional Use Permit 15-010 for the incidental on-site sale of beer and wine with
associated architectural modifications at Starbucks located at 924 West Branch Street.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Approval of the proposed project could see an increase in local sales tax revenue
associated with increased afternoon business at the existing business. This item is
related to the City's Economic Development efforts contained within the Critical Needs
Action Plan.
BACKGROUND:
Location
SUBJECT PROPERTY
Item 10.a. - Page 1
CITY COUNCIL
CONSIDERATION OF CONDITIONAL USE PERMIT 15-010
FEBRUARY 9, 2016
PAGE 2
The subject property is located in the Five Cities Center (the "Center") and is previously
developed. The architecture of the development is a traditional Mediterranean and
Spanish style. Materials used in the center are stucco, dimensional trims, ceramic tiles,
and variegated clay roof tiles. The applicant has submitted an application for a
conditional use permit to add incidental on-site beer and wine sales to the existing
Starbucks location in the Center. As part of the request, the applicant is proposing to
install a new, three-foot, six-inch (3' 6") fixed guardrail along the southern frontage of
the business.
Staff Advisory Committee
The Staff Advisory Committee (SAC) reviewed the proposed project on December 9,
2015. At that time, the SAC discussed various aspects of the project, including location
of the guardrail, Americans with Disabilities Act (ADA) access, and the location of the
use in relation to the remainder of the Center. The SAC was in support of the project
and developed conditions of approval included in the attached resolution.
Architectural Review Committee
The Architectural Review Committee (ARC) reviewed the proposed guardrail installation
on December 21, 2015 (Attachment 1). The ARC discussed the size and design of the
outdoor seating area, support for increasing outdoor activity within the Center, design of
the proposed guardrail and materials, and ADA clearance. The ARC was in support of
the project as proposed.
Planning Commission
The Planning Commission reviewed the proposed project on January 5, 2016
(Attachment 2). The Planning Commission discussed several components of the
project, including delaying the time for alcohol sales from 12:00 pm to 4:00 pm to avoid
conflicts with influxes of children after school, the potential for an evaluation of the use
after a specified period of time to determine how the use is impacting the surrounding
area and community youth, questioned why the use was being proposed at the Center
location instead of a different location in the City, and that there are few places in the
community for children to congregate that are alcohol free. The Planning Commission
voted 3-2 to adopt a Resolution recommending the City Council approve the project as
proposed.
ANALYSIS OF ISSUES:
Project Description
The applicant has submitted an application for a conditional use permit for the
incidental, on-site sale and consumption of beer and wine at the Starbucks Coffee
located in the Five Cities Center. Beer and wine sales are proposed from 12:00 pm to
close, which is 10:30 pm Sunday through Thursday, and 11:30 pm Friday and Saturday.
Beer and wine would be sold in individual servings for consumption by the customer on
the Starbucks premises. Off-site consumption would not be permitted by the applicant.
As an additional part of the request, the applicant proposes to install a fixed guardrail on
Item 10.a. - Page 2
CITY COUNCIL
CONSIDERATION OF CONDITIONAL USE PERMIT 15-010
FEBRUARY 9, 2016
PAGE 3
the south side of the building to comply with Department of Alcoholic Beverage Control
(ABC) requirements.
Municipal Code
The subject property is zoned Regional Commercial. Alcoholic beverage sales are a
permitted use in the Regional Commercial zoning district with approval of a Conditional
Use Permit. The Conditional Use Permit is intended to determine whether the proposed
use should be permitted, by weighing the public need for and benefit to be derived from
the use against any adverse impact it may cause.
Neighboring Jurisdictions
Several neighboring jurisdictions were contacted to inquire about the sale of beer and
wine at Starbucks franchises in those locations. The City of San Luis Obispo indicated
that while they had not received an application for Starbucks to sell beer and wine,
coffee shops are considered restaurants and restaurants do not require permits for the
sale of beer and wine. The Cities of Pismo Beach and Atascadero also indicated that
no applications had been received; however, Atascadero indicated there are several
other coffee shops within the city that also sell beer and wine. Efforts made to contact
the City of Paso Robles were unsuccessful.
Guardrail Design
The guardrail is proposed to be three-feet, six-inches (3’ 6”) in height located along the
southern frontage of the existing Starbucks location. The guardrail is proposed to be
black metal with the lower two-thirds semi-closed with a heavy gauge wire and the
upper third remaining open. The top of the guardrail is proposed to be wood, treated in
a light stain and maintained on a regular basis as part of Starbucks’ maintenance
program. The purpose of the railing is to comply with ABC requirements for outdoor
consumption of alcoholic beverages, if the proposed use for incidental beer and wine
sales is approved. The total outdoor seating area will be 688 square feet, with access
to the public from the west and inside the store. The proposed guardrail will narrow the
public sidewalk area; however, minimum clearances for ADA are required to be
maintained around the seating area.
Alcohol Sale Start Time
During the Planning Commission’s consideration of the proposed project,
Commissioners discussed the possibility of pushing back the time when alcohol is sold
from 12:00 pm to 4:00 pm. The applicant indicated that they had requested the 12:00
pm start time for those customers interested in having an alcoholic drink with lunch.
However, the Planning Commission determined that requiring the later start time for the
sale of alcohol was not preferable due to the fact that the Starbucks is located adjacent
to the movie theater. In addition, the Planning Commission did not want to restrict
customers of the Starbuck’s options for alcohol to after 4:00 pm on weekends in
particular.
Item 10.a. - Page 3
CITY COUNCIL
CONSIDERATION OF CONDITIONAL USE PERMIT 15-010
FEBRUARY 9, 2016
PAGE 4
ALTERNATIVES:
The following alternatives are provided for the Planning Commission’s consideration:
• Adopt the attached Resolution approving Conditional Use Permit 15-010;
• Modify and adopt the attached Resolution approving Conditional Use Permit 15-
010;
• Do not adopt the attached Resolution, provide specific findings, and direct staff to
return with a Resolution denying Conditional Use Permit 15-010; or
• Provide direction to staff.
ADVANTAGES:
The proposed use would add an additional choice of beverages to customers at the
business, as well as provide for a potential increase in sales. The proposed use would
also be consistent with beer and wine sales in the adjacent restaurant.
DISADVANTAGES:
The proposed project would add alcohol sales to an area heavily traveled by minors.
However, the applicant indicates its staff is trained in the legal requirements related to
the sale of alcohol and all actions will be taken to prevent the sale of alcohol to
underage individuals.
ENVIRONMENTAL REVIEW:
The project has been reviewed in accordance with the California Environmental Quality
Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Procedures for the
Implementation of CEQA and determined that the project is categorically exempt per
Section 15301(a) of the CEQA Guidelines regarding existing facilities.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was mailed to all property owners within 300' of the property,
published in The Tribune, posted at City Hall and on the City's website, and posted at
the Site on Friday, January 29, 2016. The Agenda was posted in front of City Hall on
Thursday, February 4, 2016. The Agenda and report were posted on the City's website
on Friday, February 5, 2016.
One (1) written comment has been received in opposition to the project citing concerns
regarding minors and the lack of alcohol free places for minors to congregate
(Attachment 3), as well as one (1) verbal comment regarding concerns over the high
number of alcohol related vehicular incidents in San Luis Obispo County.
Attachment:
1. Minutes of the December 21, 2015 Architectural Review Committee Meeting
2. Minutes of the January 5, 2016 Planning Commission Meeting
3. Comment letter from Ann Lundeen
4. Project plans
Item 10.a. - Page 4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT 15-010; LOCATED AT 924 WEST BRANCH
STREET; APPLIED FOR BY STARBUCKS COFFEE
COMPANY
WHEREAS, the project site is located in the Five Cities Center and part of the Regional
Commercial (RC) zoning district; and
WHEREAS, the applicant has applied for Conditional Use Permit 15-010 for the
incidental, on-site sale of beer and wine at an existing Starbucks Coffee location; and
WHEREAS, the Planning Commission of the City of Arroyo Grande reviewed the project
at a duly noticed public hearing on January 5, 2016 and recommended the City Council
approve the project; and
WHEREAS, the City Council has reviewed this project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has determined the project is
categorically exempt per Section 15301(a) of the CEQA Guidelines regarding existing
facilities; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed the project at a
duly noticed public hearing on February 9, 2016; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Conditional Use Permit Findings:
1. The proposed use is permitted within the subject district pursuant to the
provisions of this section and complies with all the applicable provisions of
this title, the goals, and objectives of the Arroyo Grande General Plan, and
the development policies and standards of the City.
Alcoholic beverage sales are an allowed use in the Regional Commercial
(RC) zoning district following approval of a conditional use permit per
Section 16.36.030 of the Municipal Code.
2. The proposed use would not impair the integrity and character of the district
in which it is to be established or located.
The incidental sale of alcoholic beverages at the existing coffee shop would
not impair the integrity and character of the RC district in light of the stated
purpose of the RC zoning district per Municipal Code Subsection
16.36.020(I) and conditions of approval developed for the project to help
ensure integrity and character are maintained.
Item 10.a. - Page 5
RESOLUTION NO.
PAGE 2
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site contains an existing coffee shop that is suitable for the incidental
sale of beer and wine. Conditions of approval have been developed for the
project to ensure the alcoholic beverage sales do not result in any adverse
impacts on adjacent land uses.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
The incidental sale of beer and wine is not anticipated to require additional
provisions for water, sanitation, and public utilities and services. Therefore,
there are adequate provisions for all utilities and services necessary to
ensure public health and safety.
5. The proposed use will not be detrimental to the public health, safety or
welfare or materially injurious to properties and improvements in the vicinity.
The incidental sale of beer and wine will not be detrimental to the public
health, safety or welfare due to conditions of approval developed for the
project to ensure public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Conditional Use Permit 15-010, as presented to the City Council
on February 9, 2016 and shown in Exhibit “B”, attached hereto and incorporated herein
by this reference as though set forth in full, with the above findings and subject to the
conditions as set forth in Exhibit “A”, attached hereto and incorporated herein by this
reference.
On motion by Council Member _______, seconded by Council Member _______, and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 9th day of February, 2016.
Item 10.a. - Page 6
RESOLUTION NO.
PAGE 3
___________________________________
JIM HILL, MAYOR
ATTEST:
___________________________________ KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________ DIANNE THOMPSON, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
Item 10.a. - Page 7
RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 15-010
924 WEST BRANCH STREET
This approval authorizes the sale of beer and wine for onsite consumption at the
Starbucks Coffee located at 924 West Branch Street, with appropriate Alcoholic
Beverage Control (ABC) permits.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit 15-010.
3. This application shall automatically expire on February 9, 2018 unless a building
permit is issued or an extension is granted pursuant to Section 16.12.140 of the
Development Code.
4. The project shall occur in substantial conformance with the plans presented to the
City Council at the meeting of February 9, 2016 and marked Exhibit “B”.
5. The applicant shall agree to indemnify and defend at his/her sole expense any
action brought against the City, its present or former agents, officers, or employees
because of the issuance of said approval, or in any way relating to the
implementation thereof, or in the alternative, to relinquish such approval. The
applicant shall reimburse the City, its agents, officers, or employees, for any court
costs and attorney's fees which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of his/her obligations under this
condition.
6. A copy of these conditions and mitigation measures shall be incorporated into all
construction documents.
7. All conditions of approval from Resolution No. 3157 and subsequent approvals
shall remain in full force and effect, in addition to the conditions of approval
contained herein.
Item 10.a. - Page 8
RESOLUTION NO.
PAGE 5
BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS
CBC/CFC
8. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the International Building and Fire Codes as adopted by
the City of Arroyo Grande.
FIRE SPRINKLER
9. All buildings must be fully sprinklered per Building and Fire Department guidelines
and per the California Fire Code. Provide evidence that the fire protection provided
under the canopy area is adequate for the proposed project.
ENGINEERING DIVISION CONDITIONS
GENERAL CONDITIONS
10. The development shall provide safe accessible paths of travel, in accordance with
Americans with Disabilities Act requirements.
POLICE DEPARTMENT CONDITIONS
11. Ensure all servers are qualified to serve alcoholic beverages.
Item 10.a. - Page 9
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Minutes: ARC PAGE 2
Monday, December 21, 2015
6.b. CONSIDERATION OF CONDITIONAL USE PERMIT 15-010; INCIDENTAL ON-SITE
SALE OF BEER AND WINE WITH ASSOCIATED ARCHITECTURAL MODIFICATIONS;
LOCATION – 924 WEST BRANCH STREET; APPLICANT – STARBUCKS COFFEE
COMPANY; REPRESENTATIVE – SPENCER REGNERY, GPA INC. (DOWNING)
Associate Planner Downing presented the staff report recommending the Architectural Review
Committee review the proposed project and make a recommendation to the Planning
Commission.
Associate Planner Downing responded to questions from the Committee.
Spencer Regnery, representative, spoke in support of the proposed project and responded to
questions from the Committee.
The Committee provided comments in support of the project while ensuring ADA access was
maintained.
Bruce Berlin made a motion, seconded by Michael Peachey, recommending approval of the
project as submitted to the Planning Commission, so long as ADA clearance is maintained on
the sidewalk between the new guardrail and vehicular overhang. The motion passed on a 4-0
voice vote.
7.DISCUSSION ITEMS
7.a. TENTATIVE MEETING SCHEDULE FOR JANUARY AND FEBRUARY 2016
(DOWNING)
Associate Planner Downing presented the staff report regarding tentative meeting dates for
January and February 2016 due to holidays during those months.
It was the consensus of the Committee that quorums would be available for all tentative meeting
dates. No formal action was necessary.
8.COMMITTEE COMMUNICATIONS
None.
9.STAFF COMMUNICATIONS
Associate Planner Downing provided information on the City’s closure schedule for the winter
holidays.
10.ADJOURNMENT
The meeting was adjourned at 4:30 pm to a special meeting on January 11, 2016 at 2:30 pm.
ATTACHMENT 1
Item 10.a. - Page 13
ACTION MINUTES
REGULAR MEETING OF THE PLANNING COMMISSION
TUESDAY, JANUARY 5, 2016
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1.CALL TO ORDER
Chair George called the Regular Planning Commission meeting to order at 6:00 p.m.
2.ROLL CALL
Planning Commission: Commissioners John Keen, Glenn Martin, Terry Fowler-Payne, John
Mack, and Lan George were present.
Staff Present: Community Development Director Teresa McClish, Associate Planner
Matt Downing, and Secretary Debbie Weichinger were present.
3.FLAG SALUTE
Commissioner Martin led the flag salute.
4.AGENDA REVIEW
None
5.COMMUNITY COMMENTS AND SUGGESTIONS
None
6.WRITTEN COMMUNICATIONS
None
7.CONSENT AGENDA
7.a. Consideration of Approval of Minutes.
None
8.PUBLIC HEARINGS
8.a. CONSIDERATION OF CONDITIONAL USE PERMIT 15-010; INCIDENTAL ON-SITE SALE OF
BEER AND WINE WITH ASSOCIATED ARCHITECTURAL MODIFICATIONS; LOCATION – 924
WEST BRANCH STREET; APPLICANT –STARBUCKSCOFFEE COMPANY;
REPRESENTATIVE – SPENCER REGNERY, GPA, INC.
Associate Planner Downing presented the staff report and recommended that the Planning
Commission review the proposed project and make a recommendation to the City Council.
Associate Planner Downing responded to questions from the Commission.
Spencer Regnery, applicant representative, presented the proposed project and responded to
questions from the Commission on the proposed project.
Chair George opened the public hearing. Hearing no public comments, Chair George closed the
public hearing.
Commissioner Martin spoke in support of the project and suggested adding a condition that the sale
of alcohol start at 4:00 pm instead of 12:00 pm.
Commissioner Fowler-Payne suggested that if the proposed project is approved, that it come back
for an evaluation of how it affects the surrounding area and community youth.
ATTACHMENT 2
Item 10.a. - Page 14
PLANNING COMMISSION PAGE 2
MINUTES
JANUARY 5, 2016
Community Development Director McClish stated if there is a complaint, Neighborhood Services
would review the complaint.
Connie Blankenship, Starbucks District Manager, addressed the revenue and stated most of the
revenue comes from food.
Commissioners Keen and Mack spoke in support of the proposed project.
Commissioner George opposed the location as it should be where it fits best for the community and
not because the building is being renovated, and expressed concern with children under 21 as this
is where a lot of youth hang out.
Action: Commissioner Keen moved to adopt a resolution entitled “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY
COUNCIL APPROVE CONDITIONAL USE PERMIT 15-010; LOCATED AT 924 WEST BRANCH
STREET; APPLIED FOR BY STARBUCKS COFFEE COMPANY”. Commissioner Mack seconded
and the motion passed on the following roll call vote:
AYES: Keen, Mack, Martin
NOES: Fowler-Payne, George
ABSENT: None
9. NON-PUBLIC HEARING ITEM
None
10. NOTICE OF ADMINISTRATIVE DECISIONS SINCE DECEMBER 15, 2015
None
11. COMMISSION COMMUNICATIONS
In response to Commissioner Keen’s question, Community Development Director McClish stated
that the schedule for Planning Commission member attendance to Architectural Review Committee
and Historical Resources Committee meetings will be distributed at the next Commission meeting.
12. STAFF COMMUNICATIONS
Community Development Director McClish gave an update on the Bridge Street bridge project.
In response to Commissioner Mack’s question, Community Development Director McClish stated
that staff is making progress on the parking standards request and will distribute a portion of the
work effort at the next meeting. Staff will look to include accommodation for electric cars.
13. ADJOURNMENT
On motion by Commissioner Keen, seconded by Commissioner George and unanimously carried,
the meeting adjourned 6:46 p.m.
ATTEST:
DEBBIE WEICHINGER LAN GEORGE, CHAIR
SECRETARY TO THE PLANNING COMMISSION
(Approved PC Meeting January 19, 2016)
Item 10.a. - Page 15
1
Matt Downing
From:Ann
Sent:Monday, January 11, 2016 11:03 AM
To:Matt Downing
Subject:Starbucks
To Whom it May Concern
I would like to state my concern with regards to the opening of Starbucks to wine and beer
sales. Now do not get me wrong, I am not against alcohol and enjoy going to local
establishments for my adult beverage. The problem I am having is for our kids! In our area
kids have no real place to hang out, to study, to enjoy an atmosphere that does not have the
influence of alcohol. Starbucks has been the place they like to gather and study. It has been a
safe environment we have been able to drop them at and know they are most likely not
getting in trouble or feeling the temptations that so many other areas in their lives have.
Bottom line is I strongly believe this is not the venue for alcohol. There are other Starbucks
locations this might be feasible but in our small town this is not a good solution. In looking at
a one mile radius of that shopping area, you can consume wine or beer at about 7 other
establishments including Chili’s that is across the street and won’t this take away from their
revenues? When calling the Starbucks main office, I asked them “why are you choosing this
location”, their response was “because there is a need”. With all of these other
establishments I do not see there being a need. My question to the city, is it being pushed
because the city gets a cut in the taxes of the sales?
As one of the concerned citizens I hope that this is not being driven by money and that the city
decision makers can look at the big picture of all who it can effect negatively and rethink their
decisions.
Thank you for your time.
Sincerely,
Ann Lundeen
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