PC 08.a. CUP 15-010 Starbucks Coffee Co. West Branch StreetMEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING. ASSOCIATE PLANNER
SUBJECT: CONSIDERATION 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: JANUARY 5,2016
RECOMMENDATION:
It is recommended that the Planning Commission review the proposed project and
make a recommendation to the City Council.
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 of the Critical Needs Action Plan.
BACKGROUND:
PLANNING COMMISSION
CONSIDERATION OF CONDITIONAL USE PERMIT 15-010
JANUARY 5,2016
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. 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.
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:OO 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
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.
PLANNING COMMISSION
CONSIDERATION OF CONDITIONAL USE PERMIT 15-010
JANUARY 5,2016
PAGE 3
Neiahborinq Jurisdictions
Staff contacted several neighboring jurisdictions 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 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. Staff was unable to reach the
City of Paso Robles for a response.
Guardrail Desiqn
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. 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.
ALTERNATIVES:
The following alternatives are provided for the Planning Commission's consideration:
e Adopt the attached Resolution recommending the City Council approve
Conditional Use Permit 15-010;
e Modify and adopt the attached Resolution recommending the City Council
approve Conditional Use Permit 15-010;
Do not adopt the attached Resolution, provide specific findings, and direct staff to
return with a Resolution recommending the City Council deny Conditional Use
Permit 15-010; or
Provide direction to staff.
ADVANTAGES:
The proposed use would add an additional choice of beverage to customers at the
business, as well as increase potential for increased business sales during the
afternoon hours. 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 legal requirements and staff training reduce
consumption by underage individuals to minimum levels.
PLANNING COMMISSION
CONSIDERATION OF CONDITIONAL USE PERMIT 15-010
JANUARY 5,2016
PAGE 4
ENVIRONMENTAL REVIEW:
Staff has reviewed the project 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, December 25, 2015. The agenda and staff report were posted at City
Hall and on the City's website on December 30, 2015. No comments have been
received.
Attachment:
1. Project plans
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRAND€ RECOMMENDING THE
CITY COUNCIL APPROVE 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 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 Planning Commission of the City of Arroyo Grande has reviewed the
project at a duly noticed public hearing on January 5, 2016; and
WHEREAS, the Planning Commission 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
nof 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(1) and conditions of approval developed for the project to help
ensure integrity and character are maintained.
3. The site is suitable for the type and intensity of use or development that is
proposed.
RESOLUTION NO.
PAGE 2
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 does 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 addition
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 Planning Commission of the City of
Arroyo Grande hereby recommends the City Council approve Conditional Use Permit 15-
010, as presented to the Planning Commission on January 5, 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 Commissioner , seconded by Commissioner , and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 5Ih day of January, 2016.
RESOLUTION NO.
PAGE 3
LAN GEORGE
CHAIR
ATTEST:
DEBBIE WElCHlNGER
SECRETARY TO THE COMMISSION
AS TO CONTENT:
TERESA MCCLISH
COMMUNITY DEVELOPMENT DIRECTOR
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 DlVlSlON
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 January 5, 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
Planning Commission at the meeting of January 5, 2016 and marked Exhibit "B.
5. The applicant shall agree to indemnify and defend at hislher 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 hislher 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.
RESOLUTION NO.
PAGE 5
BUILDING AND LIFE SAFETY DIVISION AND FlRE DEPARTMENT CONDITIONS
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.