agenda - Buena Park

Transcription

agenda - Buena Park

AGENDA
Planning Commission
MEETING DATE AND TIME:
MEETING LOCATION:
July 24, 2013 - 7:00 p.m.
Council Chamber
Members of the public who wish to discuss an item should fill out a speaker identification card and
hand it to the secretary. When the item is announced by the Chair, speakers should come forward to
the microphone, and upon recognition by the Chair, state their names and addresses.
All actions by the Planning Commission are final unless an appeal to the City Council is filed with the
City Clerk within ten (10) working days of the decision.
CALL TO ORDER / FLAG SALUTE:
ROLL CALL:
1.
Barstow, Capelle, Chung, Diep, Gonzales, Schoales, and McGuire
ELECTION OF PLANNING COMMISSION CHAIR AND VICE-CHAIR
PLANNING COMMISSION CONSENT CALENDAR (Item 2)
NOTICE: All matters listed on the Consent Calendar are to be approved with one motion unless a
member of the Planning Commission or the public requests separate action on a specific item.
Members of the Planning Commission or the public may ask to be heard on any item on the Planning
Commission Consent Calendar.
2.
APPROVAL OF MINUTES
Meeting of June 26, 2013
Meeting of July 10, 2013 (Adjourned Meeting)
RECOMMENDED ACTION:
Approve
==========================END OF CONSENT CALENDAR =========================
Planning Commission Agenda
July 24, 2013
Page 2
NEW BUSINESS:
PUBLIC HEARING:
3.
DEVELOPMENT AGREEMENT NO. DA13-002; CONDITIONAL USE PERMIT NO. CU13-010;
CONDITIONAL USE PERMIT NO. CU13-011
A request for recommendation to the City Council regarding proposed Development Agreement and
associated Conditional Use Permits to construct a new commercial center with 2,542 sq. ft.
convenience store with sale of beer and wine for off-site consumption, 2,128 sq. ft. laundromat, and
2,309 sq. ft. bar/lounge with on-site sale and consumption of beer, wine, and distilled spirits, with
1,605 sq. ft. second floor private office as well as site improvements at 8761 Knott Avenue within the
CS (Community Shopping) zone.
PROPERTY OWNERS:
Encore Property Group, LLC
P.O. Box 898
Cypress, CA 90630
City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90620
4.
APPLICANT:
P.O. Box 898
Cypress, CA 90630
RECOMMENDED ACTION:
Recommend adoption of the proposed Ordinance
and Resolutions of Approval by the City Council
GENERAL PLAN AMENDMENT NO. GP13-001
A public hearing regarding the proposed 2013-2021 Draft Housing Element update of the Buena Park
General Plan, including goals, programs, and policies for affordable housing
APPLICANT:
City of Buena Park
RECOMMENDED ACTION:
Receive comments regarding the proposed
Draft Housing Element update
Planning Commission Agenda
July 24, 2013
Page 3
ORAL COMMUNICATIONS:
At this time, the public may address the members of the Planning Commission on any item that is
within the jurisdiction of the Planning Commission.
AGENDA FORECAST:
STAFF REPORTS:
COMMISSION REPORTS:
ADJOURNMENT:
pcag072413
Minutes of the Planning Commission Meeting of June 26, 2013
Vol. 28 - Page No.
5498
CITY OF BUENA PARK
MINUTES OF CITY PLANNING COMMISSION
June 26, 2013
The regular meeting of the Planning Commission of the City of Buena Park convened at
7:00 p.m. on June 26, 2013, in the City Council Chamber, 6650 Beach Boulevard, Buena
Park, California with Chair McGuire presiding.
PRESENT: COMMISSIONERS:
ABSENT:
COMMISSIONER:
Barstow, Capelle, Diep, Gonzales,
and McGuire
Chung, Schoales
ALSO PRESENT:
Joel W. Rosen, AICP, Community Development Director
Jay Saltzberg, Planning Manager
Jennifer Wallis, Assistant Planner
Nabil Henein, Deputy City Engineer
Craig Fox, Deputy City Attorney
Suzanne Davis, Senior Secretary
CONSENT CALENDAR: (Item 1)
1.
APPROVAL OF MINUTES
Meeting of June 12, 2013
RECOMMENDED ACTION:
Approve
The MOTION CARRIED unanimously. Commissioner Diep abstained due to her absence
from the June 12, 2013 meeting.
======================= END OF CONSENT CALENDAR====================
NEW BUSINESS:
PUBLIC HEARING:
2.
A request to develop and operate a new and used automobile dealership with vehiclerelated repair and servicing, tire sales and service, parts department, offices, showroom,
outdoor display area, and sign program at 6165-6195 Auto Center Drive and 6261 Western
Avenue in the ACSP (Auto Center Specific Plan) zone.
PROPERTY OWNERS:
Orange County Transit Authority
550 S. Main Street
Orange, CA 92868
City of Buena Park
Vol. 28 - Page No.
APPLICANT:
Argonaut Holdings, LLC
c/o Fred Zehnder
515 Marin Street, Suite 211
Thousand Oaks, CA 91360
RECOMMENDED ACTION:
Adopt Resolution of Approval
5499
In reply to Chair McGuire, Ms. Davis stated that staff received and distributed a
memorandum from the Department of Public Works requesting Condition 5B be modified to
replace the proposed westerly 35-ft. wide driveway with a 25 ft. wide driveway.
The staff report was introduced by Jay Saltzberg, Planning Manager. The subject properties
are vacant. The properties to the North are zoned ACSP and are primarily vacant, but used
for new car storage, and also includes the building formerly occupied by Park Auto Glass.
The properties to the east are zoned ACSP and developed commercially. The properties to
the west are zoned ACSP and developed with the Carmax automobile dealership. To the
south is the Santa Ana (I-5) Freeway.
Staff recommends that the Planning Commission adopt the attached Resolution approving
Conditional Use Permit No. CU13-008 with the findings of fact and conditions listed therein.
The subject properties will comprise an irregularly shaped site with a total of approximately
2.95 acres located southwest of Auto Center Dr. and Western Ave. with street frontages of
approximately 610 ft. and 135 ft. respectively. Portions of the subject site were previously
developed with commercial and industrial uses, including Ozz Restaurant, The Villa Motel,
Verne’s Welding, and Frank’s Automotive, as well as a former public street, Mission St. All
the above ground improvements have been removed and the site is vacant. Portions of the
properties and the former public street were incorporated into the widened and reconfigured
I-5 Freeway. Properties residual to the freeway widening were acquired by the former City
Redevelopment Agency. In addition, Orange County Transit Authority (OCTA) is selling
properties residual to the freeway widening to the City’s Successor Agency to allow site
consolidation and sale to the applicant for development of the new automobile dealership.
The dealership has been operating as Premier Chevrolet at 6692 Auto Center Drive since
September 2012 and will relocate to the site when construction is complete.
On April 10, 2012, the City Council approved Specific Plan Amendment No. SPC12-001
amending the Auto Center Specific Plan to change the Sub-District classifications from A-3
to A-1 for ACSP properties generally located on the west side of Western Ave. between
Artesia Blvd. and Interstate 5 Freeway as well as minor modifications to the “Permitted
Uses” in Sub-District A-1. The purpose of the Amendment was to provide further direction
for preferred development and land use of the former Redevelopment Project Area
properties and coordinate with City marketing and revitalization efforts for the ACSP area.
As prescribed in the General Plan, the Auto Center Specific Plan was originally adopted in
1997 to encourage new dealerships and coordinate continuing expansion of existing auto
dealers concentrated adjacent to the I-5 Freeway. The primary objective was to create a
regional auto center, based on superior accessibility and visibility, with design components
to unify the Auto Center image while providing the opportunity for expression of individual
dealership identity.
Vol. 28 - Page No.
5500
The submittal and plans propose development and operation of a 40,572 sq. ft. new and
used automobile dealership, including vehicle and related servicing and repair, sales
showroom, parts department, administrative and sales offices, outdoor display area, and
associated signs. The building will be adjacent to Auto Center Drive within the northwest
portion of the site, with the rear of the building facing the I-5 Freeway. The remainder of the
site will be primarily for inventory display as well as employee and customer parking for a
total of 205 spaces.
Vehicle access will be provided from three driveways along Auto Center Drive, including a
service access driveway directly into the building and vehicle circulation around the building.
The main pedestrian entry to the building will be from the east parking field, adjacent to the
customer parking area. Landscape setback improvements along Auto Center Drive and
Western Avenue will include groupings of palms, flowering shrubs, groundcover, and turf as
well as the signature “Buena Park Auto Center” raised concrete vehicle display pads and
signs. Display vehicles will also be featured along the Auto Center Drive building elevation.
Trees will be located within the vehicle inventory display and customer parking area.
Preliminary sign concept designs have been included, including freeway pylon and wall
signs, for subsequent review and approval by staff. A new decorative 8 ft. tall perimeter
block wall, adjacent to the Carmax dealership to the west, and site lighting system will be
provided.
The separate showroom and service department components of the building will be
connected by a covered vehicle entry driveway. Showroom first floor functions include car
display, offices, restrooms, and waiting area with second floor functions including
administrative offices and break room. The Service Department includes 23 automobile
service bays as well as wash and detail bays as well as parts storage. The dealership will
employ approximately 60 employees.
The architecture of the showroom building is contemporary in style, including silver
aluminum composite metal panels with blue accent frame bands along the building fascia
and projecting enhanced main entry portal. The showroom building will also feature clear
glass with anodized metal frame and muted white and gray stucco panels with metal
reveals. The service building will feature metal reveals, stucco and a storefront window
system.
City Code requires Planning Commission consideration of the proposed automobile sales
facility with associated automobile related repair and services and signs via the Conditional
Use Permit process. Staff has reviewed the proposal and plans, visited the current location,
and have concluded that the proposed development, with conditions, will enhance the site in
compliance with the goals of the City’s General Plan and Auto Center Specific Plan to
promote the Auto Center as a leading regional automobile sales destination and to
encourage additional new dealerships. In addition, based on the proposed building design,
site improvements, type and scale of operations, and continuity with similar nearby
automobile dealerships developed in compliance with ACSP requirements, the proposed
development is an appropriate use of the property.
The proposal is consistent with the Auto Center goal of automobile dealership buildings, site
development, and land use in coordination with ACSP development standards for
architectural and site design, including landscaping, access, circulation, and parking, to
enhance the appearance of the Auto Center Specific Plan area and economic vitality of the
City. As proposed, the design and operation of the dealership will be compatible with other
Vol. 28 - Page No.
5501
dealerships in the area as well as with nearby properties. No residences are adjacent to the
development site. The contemporary design of the dealership features attractive building
massing, forms, materials, details, and colors. Logical configuration of the site, attractive
on-site landscaping, and enhanced streetscape design also contribute to an attractive
cohesive appearance consistent with other dealerships in the ACSP area.
Appropriate vehicle circulation with sufficient parking and display area will be provided to
assure safe and convenient access and egress. A total of 205 on-site parking and display
spaces are provided, including 10 customer parking spaces, which exceeds Code
requirements. Customer parking is also permitted on Auto Center Dr. adjacent to the
development site. The building and site configuration will provide efficient on-site circulation,
including sufficient on-site car delivery and off-loading area. Signs will be designed to
appropriately integrate with the building and site theme in a manner consistent with area
standards. Overall, the proposed dealership design and configuration promotes optimum
utilization of the compact site. As proposed, the architectural and site design for the
development will include high quality materials and features to create an attractive
development consistent with other area dealerships while promoting a distinct separate
identity consistent with applicable ACSP policies and standards as well as General Plan
goals and objectives.
The project is Class 32, Section 15332 - Categorically Exempt from CEQA as Urban Infill.
Chair McGuire asked if there were any questions of staff.
Commissioner Barstow inquired about the number of employee restrooms within the service
area.
Mr. Saltzberg explained that the plans submitted include the location of the service area
restroom but do not include fixtures. Plans submitted for construction will include the
restroom fixtures in compliance with applicable codes.
Commissioner Gonzales inquired as to whether there is a designated area for employee
parking on the property.
Mr. Saltzberg responded that a separate designated employee parking area is not required.
The parking requirement of 2.5 spaces per 1000 sq. ft. of building area plus one additional
space per 1000 sq. ft. of vehicle sales and display area provides ample customer and
employee parking. Another advantage is that Auto Center Drive allows parking on both
sides of the street for customers and employees.
Commissioner Gonzales commented that the larger palm trees within the Auto Center area
complement the dealerships and asked whether the palms are specified by the City.
Mr. Saltzberg explained that the large Washingtonia Robusta-type palm is identified within
the Auto Center Specific Plan as a signature landscape element and has been used
throughout the area in addition to ACSP monument identification signs and elevated car
display pads.
Chair McGuire said that this is a public hearing. If there is anyone wishing to speak on the
item, please come forward and state their name and address for the record.
Vol. 28 - Page No.
5502
Mr. Bruce Ehrlich, Ehrlich Group Law Office, representing Argonaut Holdings, LLC, 601 S.
Figueroa St., Suite 4450, Los Angeles, CA 90017, expressed satisfaction with the rapid
entitlement process, especially given the tight development timeframe based on the lease
term at the temporary location of Premier Chevrolet. He stated that the site design has
been challenging due to the size and shape of the property as further complicated by the
number and location of site easements which restrict buildable area. He expressed
agreement with the proposed requirements within the Staff Report and said they are looking
forward to expansion of the dealership including bringing additional employment and sales
tax revenue to the city of Buena Park.
Commissioner Gonzales asked whether the applicant has evaluated the possibility of
purchasing the lot across the street for an additional dealership.
Mr. Erhlich stated that Argonaut is currently considering that site as a separate future
transaction.
Chair McGuire expressed concern about whether car delivery trucks would be able to
unload cars on the property.
Mr. Ehrlich responded that the site plan has been specifically designed to allow car carrier
trucks to unload on-site. The required car carrier truck turn radii have been carefully
analyzed and plotted to ensure that the trucks can access the property, maneuver through
the site and unload cars, and then exit the property.
Commissioner Gonzales asked about the designated location for off-loading cars from
trucks.
Mr. Ehrlich described the car carrier truck site access, location for unloading, and route for
exit from the property.
There being no one else wishing to speak on the matter, Chair McGuire advised that the
item requires a Resolution for approval or denial with findings.
Commissioner Barstow moved and Commissioner Capelle seconded the motion to adopt
the following titled Resolution recommending Conditional Use Permit No. CU13-008 with
findings of fact and conditions therein.
AYES:
5
COMMISSIONERS:
NOES:
0
COMMISSIONER:
ABSENT:
2
COMMISSIONERS:
ABSTAIN:
0
COMMISSIONER:
Barstow, Capelle, Diep, Gonzales
and McGuire
Chung, Schoales
Vol. 28 - Page No.
5503
RESOLUTION NO. 5874
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BUENA PARK APPROVING A REQUEST FOR A NEW AND USED
AUTOMOBILE DEALERSHIP INCLUDING VEHICLE REPAIR AND
SERVICE, TIRE SALES AND SERVICE, PARTS DEPARTMENT, OFFICES,
SHOWROOM, OUTDOOR DISPLAY AREA, AND SIGN PROGRAM
3.
A request to expand an existing service station convenience market to 1,530 sq. ft.
including a 215 sq. ft. addition and converting 820 sq. ft. of service bay and
establishment of the sale of beer and wine for off-site consumption with architectural
and site improvements.
PROPERTY OWNER:
Jahanpanah Jahangiri
7760 Crescent Avenue
APPLICANT:
CJC Design, Inc.
140 N. Maple Street, Suite 101
Corona, CA 92882
RECOMMENDED ACTION:
Adopt Resolution of Approval
In reply to Chair McGuire, Ms. Davis stated that staff had received no written
communication on the item.
The staff report was introduced by Jennifer Wallis, Assistant Planner. The subject property
is zoned CG (Commercial General) and is developed with a Valero Smog and Service
station with convenience mart. The property to the north is zoned AR (Amusement Resort)
and is developed with the Knott’s Berry Farm parking lot. The property to the east and south
is zoned CG and is developed with the Colony Inn. The property to the west, across Grand
Avenue, is zoned RM-20 (Medium Density Multifamily Residential) and developed with an
apartment complex.
Staff recommends that the Planning Commission adopt the attached Resolution approving
Conditional Use Permit No. CU13-009 with the findings of fact and conditions listed therein.
The property under application is located on the southeast corner of Crescent and Grand
Avenues, with street frontages of 154 ft. along Crescent Avenue and 173 ft. along Grand
Avenue, with a total land area of 26,642 sq. ft. The property is developed with a Valero
automobile service station including a 495 sq. ft. market and 1,260 sq. ft. smog check
facility as well fueling canopies, which was originally approved by the Planning Commission
in 1966 via Site Plan No. SP-393. The site is currently legal-non-conforming to current City
Code standards for required landscape setbacks along the two street frontages as well as
along the east property line.
Vol. 28 - Page No.
5504
The submitted application and plans propose expansion of the existing service station
convenience market to 1,530 sq. ft. including 215 sq. ft. addition and converting an 820 sq.
ft. service bay and establishment of the sale of beer and wine for off-site consumption with
architectural and site improvements.
The proposed gasoline station will continue to be operated as a Valero service station with a
single service bay to be operated as a smog test only facility. The gasoline station,
including the convenience market, will be open 24 hours per day and will employ three
employees per shift with three shifts a day. The interior of the expanded convenience
market has been designed to maintain walk-in coolers, a storage room, merchandise sales
area, office/utility room, and unisex restroom. The convenience market will provide typical
convenience store items including beverages, prepackaged food, and other snacks. The
applicant is proposing to establish the sale of beer and wine for off-site consumption
ancillary to the operation of the previously approved service station and convenience store.
The beer and wine will be located within the walk-in cooler. The applicant is requesting the
sale of beer and wine during the hours authorized by the California Department of Alcoholic
Beverage Control which are between the hours of 6 a.m. and 2 a.m. daily.
The submitted plans propose to convert two existing service bays totaling 820 sq. ft. into
part of the existing convenience market. The existing service bay doors located at the rear
of the building will be filled in to allow for the convenience market expansion. The building
will also include a new 215 sq. ft. addition on the south side of the building in order to
accommodate the new walk-in coolers. The new addition will be integrated into the
enhanced design of the building. Once completed, all metal exterior elevations will be
covered and the renovated building including addition and service bay conversion will
maintain a tan stuccoed exterior with bisque colored trim, decorative stacked stone wainscot
veneer along the base of the building and along the canopy supports. The building will
maintain a new storefront facing Crescent Avenue, including new double door entry and
storefront windows to match the existing storefront, with new red fabric awnings along the
north and east elevations and decorative gooseneck lighting fixtures. The submitted plans
also show new signage along the north elevation of the building attached to the building
fascia depicting “Smog √“ and ”Food Mart”. The existing fueling canopies will be painted to
complement the convenience store building. The fueling canopies will continue to provide
shelter for six (6) fueling stations.
The proposed 1,530 sq. ft. convenience store is located toward the center of the property
maintaining a 65 ft. setback from Crescent Avenue, 60 ft. setback from Grand Avenue, 70
ft. setback from the south property line, and 36 ft. setback from the east property line. The
remaining 440 sq. ft. smog check facility will be located on the east side of the convenience
store with service bay access from the rear of the property. The existing fueling canopies
will remain in their current configuration.
The site currently maintains two driveways along Crescent Avenue and two driveways along
Grand Avenue. The submitted plans propose elimination of a driveway along Crescent
Avenue and modification of a driveway along Grand Avenue into an exit-only driveway. The
remaining two driveways will be reduced in width. The existing parking lot has also been
configured to maintain 17 standard size parking spaces. 9 stalls are required by Code.
Additional site modifications include a new trash enclosure located at the southeast corner
of the property, a new 5 ft. wide landscape setback along the entire east property line, and
revitalized and expanded landscape around the modified driveways along Crescent Avenue
and Grand Avenue to include new Willow trees and enhanced ground cover.
Vol. 28 - Page No.
5505
City Code requires Planning Commission review and approval for the proposed
convenience market expansion with the sale of beer and wine for off-site consumption via
the Conditional Use Permit process. In reviewing the applicant’s request, staff reviewed
plans and visited the property and is of the opinion that the proposed redesign and
configuration of the service station and site with expanded convenience market are
adequate to support the proposed sale of beer and wine for off-site consumption. Staff
believes that the sale of beer and wine for off-site consumption is appropriate within the
context of a service station convenience store and will not negatively impact the subject and
surrounding properties. Staff feels that the sale of beer and wine as an incidental use to the
gasoline station with convenience market is compatible with the surrounding commercial
neighborhood as well as an added amenity for the multifamily residential property across
the street based on limited scale and scope of business operations. The floor plan of the
convenience market has been designed to provide a suitable location for the stock and
display of beer and wine in order to provide complete control and adequate surveillance of
alcoholic beverages within the facility.
The renovated service station including the expanded convenience market will assist in
advancing the long term vision for this area along Crescent Avenue as identified in the
City’s General Plan. The property is located directly across from Knott’s Berry Farm toward
the southerly entry to the Entertainment Corridor Focus Area which is envisioned as a
pedestrian-friendly and tourist-oriented destination that connects Knott’s Berry Farm to
other visitor-serving uses along Beach Boulevard and surrounding corridors. The renovated
service station and convenience market will help to serve tourists as well as the surrounding
neighborhood by providing added amenities and services in a quick one-stop location.
The project design complies with all City Code requirements for building setbacks, access,
circulation, parking, and building design except for required 20 ft. landscape setbacks
adjacent to streets. Due to the existing building location and on-site circulation, the existing
5 ft. to 10 ft. landscape setback adjacent to the street cannot be increased. The project
however includes new and revitalized landscaping along Crescent and Grand Avenues and
a new 5 ft. wide landscape setback along the east property line in order to bring the site as
close to compliance with Code as possible while maintaining the existing building
configuration, access, and circulation. Additionally, the elimination of one driveway along
Crescent Avenue and the modification of one driveway along Grande Avenue to exit only
will help create safer ingress and egress to the site by moving cars and traffic further from
the intersection and corner of the property. As part of the proposal, the applicant is
proposing a revised site design to include 17 parking spaces in order to comply with Code
requirements.
In regards to building architecture, the site is located within the Beach/Crescent
Architectural Overlay zone which encourages modern interpretation of building design to
create complementary architectural integration. Staff feels that the proposed renovated
building including architectural enhancements such as new stucco exterior finish, stacked
stone veneer, new fabric awnings, as well as decorative lighting complements other
buildings in the area while meeting the Beach/Crescent Architectural Overlay zone criteria.
The architectural design and color of the building will also be included on the fueling
service canopies to create architectural integration. However, the proposed signs on the
building fascia are not permitted by Code. Signs are not permitted to be installed on
building fascias or roofs. Signs will be required to be installed on the wall of the building
and approved under a separate permit.
Vol. 28 - Page No.
5506
The Buena Park Police Department reviewed the request to include the sale of beer and
wine for off-site consumption ancillary to the operation of the service station and
convenience store. Although initially concerned about the location of the market directly
across the street from multi-family residential development and Knott’s Berry Farm, the
Police Department indicated that with proper conditions, including a security plan and
limiting the sales of alcohol to prepackaged beverages only with no single can or bottle
sales permitted, the business operation would provide a neighborhood convenience. As
conditioned to assure security, the Police Department concluded that they had no objection
to the applicant’s request.
The project is Class 1, Section 15301, categorically exempt from CEQA.
Chair McGuire asked if there were any questions of staff.
Commissioner Barstow expressed concern with the proposed reduced driveway width on
Crescent Ave. and resulting possible safety hazards due to heavy eastbound traffic.
Ms. Wallis explained that the City Traffic Engineer reviewed the plan and concluded that
reducing the driveway width along Crescent Ave. by 2 ft. will enable a better slope for
handicap accessibility. Therefore, the slight driveway width reduction would be appropriate,
especially since it is the also the furthest driveway from the intersection. The Traffic
Engineer also recommended complete closure of the other Crescent Ave. driveway due to
proximity to the intersection.
Commissioner Gonzales inquired as to whether the current degree of slope requires the
proposed driveway width reduction, and whether the same driveway modifications are
required on Grand Avenue.
Ms. Wallis stated that the current driveways have legal non-conforming dustpan driveways
and must be modified to current standards.
Mr. Henein explained that the proposed Public Works condition requires upgrade to curb
return type driveways including appropriate slope for better maneuvering for the Grand Ave.
and Crescent Avenue frontages.
Chair McGuire said that this is a public hearing. If there is anyone wishing to speak on the
item, please come forward and state their name and address for the record.
Fred Cohen, CJC Design, representing the applicant, expressed agreement with the
conditions of development and operation.
Chair McGuire inquired as to the function of the existing enclosure adjacent to the south
perimeter wall.
Mr. Cohen stated that the enclosure is the current location of the trash enclosure.
There being no one else wishing to speak on the matter, Chair McGuire advised that the
item requires a Resolution for approval or denial with findings.
Vol. 28 - Page No.
5507
Commissioner Gonzales moved and Commissioner Capelle seconded the motion to adopt
the following titled Resolution recommending Conditional Use Permit No. CU13-009 with
findings of fact and conditions therein.
AYES:
5
COMMISSIONERS:
NOES:
0
COMMISSIONER:
ABSENT:
2
COMMISSIONERS:
ABSTAIN:
0
COMMISSIONER:
Gonzales, Capelle, Barstow, Diep
and McGuire
Chung, Schoales
RESOLUTION NO. 5875
BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF
CONDITIONAL USE PERMIT NO. CU13-009, TO EXPAND AN EXISTING
SERVICE STATION CONVENIENCE MARKET TO 1,530 SQ. FT.
INCLUDING A 215 SQ. FT. ADDITION AND CONVERTING 820 SQ. FT. OF
SERVICE BAY AND ESTABLISHMENT OF THE SALE OF BEER AND
WINE FOR OFF-SITE CONSUMPTION WITH ARCHITECTURAL AND SITE
IMPROVEMENTS AT 7760 CRESCENT AVENUE (APN:135-101-23) IN
THE CG (COMMERCIAL) ZONE, AND MAKING FINDINGS IN SUPPORT
THEREOF.
ORAL COMMUNICATIONS:
None
AGENDA FORECAST:
None
STAFF REPORT:
Mr. Rosen presented an update regarding The Source Project including imagery and
anticipated tenancies. Project completion is estimated by early fall 2014.
COMMISSION REPORTS:
None
Vol. 28 - Page No.
5508
ADJOURNMENT:
At 7:52 p.m. Chair McGuire adjourned the meeting to the Planning Commission meeting on
Wednesday, July 10, 2013, in the City Council Chamber.
______________________________
Richard McGuire
Chair
ATTEST:
__________________________
Joel W. Rosen, AICP
Secretary
Minutes of the Planning Commission Meeting of July 10, 2013
Vol. 28 - Page No.
5509
CITY OF BUENA PARK
MINUTES OF CITY PLANNING COMMISSION
July 10, 2013
Due to lack of quorum, the regular meeting of the Planning Commission of the City of
Buena Park on July 10, 2013, adjourned to the regularly scheduled Planning Commission
meeting on Wednesday, July 24, 2013, in the City Council Chamber.
___________________________
Richard McGuire
Chair
ATTEST:
________________________
Joel W. Rosen, AICP
Secretary
STAFF REPORT
Planning Commission
AGENDA ITEM NUMBER:
3
MEETING DATE:
July 24, 2013
CASE NUMBERS:
Development Agreement No. DA13-002
Conditional Use Permit No. CU13-010
PROPERTY OWNERS/
APPLICANT
Alan Paulson
P.O. Box 898
Cypress, CA 90630
City of Buena Park
APPLICATION REQUEST:
A request to construct a new commercial center with
a 2,542 sq. ft. convenience store with sale of beer
and wine for off-site consumption, a 2,128 sq. ft.
laundromat, and a 2,309 sq. ft. bar/lounge with
entertainment as well as on-site sale and
consumption of beer, wine, and distilled spirits with
1,605 sq. ft. second floor private office as well as site
improvements.
PROPERTY LOCATION/APN:
8761 Knott Avenue/ 069-130-40 & 51
GENERAL PLAN /
ZONING DESIGNATION:
Commercial / CS (Community Shopping)
LAND USE CHARACTERISTICS:
The subject properties are zoned CS (Community Shopping) and are developed with a vacant
drive-thru dairy and convenience market that sold beer and wine for off-site consumption and a
self-service carwash which recently closed. All existing property improvements will be
demolished. The existing remnant 10 ft. wide by 205 ft. wide City-owned parcel that abuts the
north side of the property is proposed to be incorporated into the proposed development. The
AGENDA ITEM NO. 3
Planning Commission Staff Report
Conditional Use Permits Nos. CU13-010 and CU13-011
Page 2
properties to the north are zoned RS-6 (One-Family Residential) and developed with singlefamily homes. The property to the west is zoned RM-20 (Medium Density Multifamily
Residential) and developed with an apartment complex. The properties to the east and south
across Knott Avenue and Younger Drive are zoned CS and developed with a commercial
shopping center and former bank building, respectively.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the attached Resolution recommending
City Council approval of Development Agreement No. DA13-002 and approval of Conditional
Use Permit Nos. CU13-010 and CU13-011 with the findings of fact and conditions listed therein.
APPLICATION ANALYSIS:
Background:
The portion of the 35,024 sq. ft property under application that is owned by the developer is
located on the northwest corner of Knott Avenue and Younger Drive, with street frontages of
approximately 160 ft. along Knott Avenue and 205 ft. along Younger Drive. The property is
developed with the recently closed drive-thru dairy and convenience market as well as a selfservice carwash building. The convenience market included beer and wine sales for off-site
consumption with no restrictions on hours of operation. The site was developed prior to the
City’s incorporation as a drive up dairy and milk processing plant. In 1971, the City Council
approved the addition of the coin operated car wash through Conditional Use Permit CU-362.
The remnant 10 ft. wide by 205 ft. long parcel directly to the north of the developer owned
parcel is owned by the City of Buena Park. The parcel is improved and maintained as parking
for the dairy / convenience store development. Prior to Younger Drive becoming a public street,
the 10 ft wide strip was purchased by the City to provide access to a proposed park site (San
Antonia Park). Upon creation of San Antonio Park and dedication Younger Drive to as a public
street with access to the park, the City owned parcel was no longer needed for street purposes.
The proposed Development Agreement application is to allow the relocation of a legal nonconforming use, the TomKat Lounge, currently located across the street at 8858 Knott Avenue.
The 2,100 sq. ft. bar/lounge was established prior to the City’s Zoning Code regulations
requiring a Conditional Use Permit for alcohol service and currently maintains an alcohol
license for on-site sale and consumption of beer, wine, and distilled spirits. The current use is
considered legal non-conforming since the Zoning Code currently does not allow on-site sale
and consumption of alcohol without sale of food. The Development Agreement would allow the
TomKat Lounge to continue operations in the new commercial center and provide for a
Conditional Use Permit.
On May 8, 2012, a proposal to demolish the existing dairy and car wash at 8761 Knott Avenue
and develop a new commercial center to include the relocation of the TomKat Lounge was
presented to the City Council in Study Session. Following discussion, the majority of the City
Council approved the concept of the development as presented to be approved through a
Development Agreement. Council Member Berry and Council Member Oh dissented, with
AGENDA ITEM NO. 3
Page 3
Council Member Oh stating that if the lounge were relocated it must conform to existing zoning
requirements.
On March 12, 2013, the City Council met in Closed Session to discuss the possible transfer of
the City owned remnant property and direction was given to begin negotiations relating to the
disposition of the property.
Proposal:
The submitted application and plans propose to construct a new commercial center, including
2,542 sq. ft. convenience store with sale of beer and wine for off-site consumption, a 2,128 sq.
ft. laundromat, and a 2,309 sq. ft. bar/lounge with entertainment as well as on-site sale and
consumption of beer, wine, and distilled spirits with 1,605 sq. ft. second floor private
administrative office as well as site improvements. The proposed convenience store license for
sale of beer and wine for off-site consumption will be transferred from the existing Alta Dena
Dairy location and the proposed bar/lounge license for on-site sale and consumption of beer,
wine, and distilled spirits will be transferred from the existing location at 8858 Knott Avenue.
There will be no net increase in alcohol licenses associated with this project. New conditional
use permits are proposed to be established separately for the convenience market with sale of
beer and wine for off-site consumption and for the bar/lounge with sale of beer, wine, and
distilled spirits for on-site consumption.
The submitted development and business plans indicate operation of a new 2,542 sq. ft.
convenience market located in the easterly tenant space at the corner of Knott Avenue and
Younger Drive. The convenience market will be open 24 hours per day. The convenience
market will maintain walk-in coolers, storage room, merchandise sales area, office/utility room,
and two restrooms. The business plan indicates that the convenience market will provide milk,
eggs, and bread as well as fresh salads, bakery items, soft drinks, chicken wings, bottled wines
and beverages, prepackaged food, and other snacks. The applicant is proposing sale of beer
and wine for off-site consumption ancillary to the operation of the convenience store. The beer
and wine will be located within the walk-in cooler. The business plan also indicates that a
separate live digital video recorder will be installed throughout the store with a monitor
displayed at the entry. The interior and exterior will also include ample LED lighting. The
applicant is requesting the sale of beer and wine during the hours authorized by the California
Department of Alcoholic Beverage Control which are between the hours of 6 a.m. and 2 a.m.
daily.
The submitted development and business plans propose transfer of the TomKat Lounge
business, featuring on-site sale and consumption of beer, wine, and distilled spirits, to the
westerly 2,309 sq. ft. tenant space at the rear of the new complex on Younger Drive. The
relocated bar/lounge will maintain an open area floor plan with service bar along the west wall
and two pool tables along the north wall with two restrooms, as well as associated private 1,605
sq. ft. administrative office on the second floor.
In addition, as indicated in the attached business plan, the applicant is requesting an
Entertainment Permit for daily live entertainment, including DJ’s and live bands providing music
for dancing. The intended daytime focus is recorded music and sports, with evening emphasis
on karaoke and live music. Dancing will be in an approximately 115 sq. ft. area located along
AGENDA ITEM NO. 3
Page 4
the southern wall. All live entertainment, such as bands and karaoke, will occur in the dance
area. The lounge will be equipped with surveillance security cameras. The applicant is
requesting the sale of alcohol during the hours authorized by the California Department of
Alcoholic Beverage Control which are between the hours of 6 a.m. and 2 a.m. daily.
The submitted development plans also indicate the middle tenant within the new development
will be a 2,128 sq. ft. coin-operated laundromat. Laundomats are automatically permitted within
the zone. The proposed Laundromat will include approximately 48 washing machines, 14
dryers, two folding areas, two private offices, and one uni-sex restroom.
The three-tenant 8,584 sq. ft. building is proposed to be located adjacent to the intersection of
Knott Avenue and Younger Drive with 20 ft. setback from Knott Avenue and 24 ft setback from
Younger Drive. The entries to the convenience store and laundromat will face north while the
TomKat Lounge entry faces west.
The new building will feature a tan stucco exterior with reveals, bronze anodized aluminum
storefront system with metal framed canopies above the convenience store and arched
storefront window above the laundromat. The building will also maintain multi-dimensional
cornice treatment along the parapet, ceramic accent tiles, and stucco window trim with molding
on second floor windows. The building elevation facing Younger Drive will have a stucco finish
with reveals and ceramic tile accents as well as dimensional arched molding and a decorative
wood trellis. .
Ingress and egress to the site are provided by two new 25 ft. wide driveways along Knott
Avenue and Younger Drive. A total of 53 parking stalls are provided (36 standard stalls, 14
compact stalls, and 3 handicap accessible stalls) meeting Code requirements. Landscape
includes the required setbacks along Knott Avenue and Younger Drive as well as new 10 ft.
wide landscape setbacks and new 6 ft. tall decorative block wall adjacent to surrounding
residential properties to the north and west. Additional site modifications include a new trash
enclosure located at the northwest corner of the parking lot as well as a designated loading
area for deliveries.
The exterior signing and graphics package denote areas on the building for wall signs and
denotes a location for a monument sign along Knott Avenue. Signage for the convenience
market is proposed to be located on the corner of the building consisting of a single logo only.
Laundromat signage will be individual channel letter signs above the entry. The TomKat Lounge
is proposing to a double-faced internally illuminated blade sign designed to look like an
overflowing beer mug, including “TomKat Lounge”, above three aluminum kegs, with
“COCKTAILS”, “DANCING”, and “KARAOKE”, projecting from the north face of the building.
The submitted sign package also includes a 15 ft. high monument sign along Knott Avenue with
identification for the three tenants. The sign has been designed with stucco and decorative
cornice treatment to match the proposed commercial center.
As part of the project the applicant is proposing to incorporate the 10 ft. by 205 ft. City-owned
parcel as the required 10 ft. wide landscape setback adjacent to the residential properties to the
north. The property owner / applicant is currently negotiating with the City to either purchase the
property or secure a long term lease agreement prior to issuance of building permits.
AGENDA ITEM NO. 3
Page 5
Discussion:
California Government Code Section 65865 et. seq. allows the City to enter into Development
Agreements, which in effect become contractual agreements between the City and property
owners regarding development rights and performance standards. The Planning Commission is
required to review the Development Agreement and make a recommendation to the City
Council. This procedure was chosen to allow the property owner and the City a mechanism to
allow relocation of an existing legal non-conforming bar/lounge while providing assurance, in
contractual form and by establishing a procedure through a Conditional Use Permit, that
property development will evolve and operations will occur with suitable conditions and
provisions to alleviate detrimental impacts, including design, buffering, security and
compatibility provisions. The Development Agreement and Conditional Use Permit provide
procedures assuring that property development and the bar / lounge use will include features
and operating conditions to alleviate potential detrimental impacts. This regulatory authority
does not exist under the current legal non-conforming status of the bar / lounge. Planning
Commission review will be required via the Conditional Use Permit process for both the
proposed relocation of TomKat Bar / Lounge, with on-site sale and consumption of beer, wine,
and distilled spirits as well as entertainment as well as the proposed new convenience market
with the sale of beer and wine for off-site consumption to replace the obsolete convenience
store / drive-thru dairy.
In reviewing the applicant’s requests, staff reviewed plans, visited the property and is of the
opinion that the proposed commercial center with convenience store, laundromat, and
bar/lounge as well as associated site improvements can be accommodated without negatively
affecting the subject or surrounding businesses. Furthermore, staff feels that the development
will significantly improve the area by redeveloping the currently blighted property to include
quality building and site design and materials. The transfer and reuse of both existing ABC
licenses will not require additional licenses. The Conditional Use Permit process will allow
creation of conditions to control operations and minimize potential impact to adjacent properties
associated with current operation of the legal non-conforming bar and establish updated
requirements for the convenience market.
Regarding the new convenience market, Staff believes that the sale of beer and wine for off-site
consumption is appropriate within the context of a convenience store and will not negatively
impact the subject and surrounding properties. Staff feels that the sale of beer and wine as an
incidental use to the convenience market is compatible with the surrounding commercial
neighborhood as well as an added amenity for residential properties nearby due to the limited
scale and scope of business operations. The floor plan of the convenience market has been
designed to provide a suitable location for the stock and display of beer and wine in order to
provide complete control and adequate surveillance of alcoholic beverages within the facility.
With the installation of a live digital video recording system as well as a monitor display at the
entry, the Police Department has no concerns with the proposed convenience market.
Regarding the relocation of the TomKat Lounge, Staff is of the opinion that the proposed
bar/lounge with billiards and entertainment can be accommodated without negatively affecting
the subject or surrounding businesses. The bar is located approximately 75 ft. from multi-family
residences to the west and 80 ft. from single family residences to the north, and based on
privacy concerns Staff has required the new 10 ft. wide landscape buffers adjacent to the
AGENDA ITEM NO. 3
Page 6
residential properties to include full height mature screen trees, as well as a new 6 ft. block wall,
along the west and north site perimeters. As conditioned, Staff feels that the lounge with
proposed entertainment will be of appropriate scale for consistency with the existing and
intended commercial uses in the area. Staff has included conditions within the attached
resolution that requires the lounge and incidental entertainment to maintain noise levels in
compliance with the City Noise Ordinance, as well as a security plan, including surveillance
cameras and lighting.
In regards to live entertainment and DJ lounge music, staff supports the request based on the
scope of the music and entertainment. Prerecorded DJ music is typical within a bar/lounge and
imposes no impacts to the establishment and surrounding properties if operated in accordance
with noise regulations and Code requirements. The proposed live entertainment will be limited
based on performance characteristics and the limited size of the dance floor within the lounge,
as conditioned. Staff has conditioned that entertainment be limited to only karaoke on Sunday
through Thursdays with live entertainment permitted only on Friday and Saturday. Any
entertainment beyond permitted times shall require a prior written request for approval to the
City for special events. Live entertainment and dancing shall be incidental to lounge operations
and only allowed during regular hours of operation, in compliance with the terms of the
Entertainment Permit. A condition is included requiring the applicant to obtain annual
Entertainment Permits through the Community Development Department and Police
Department detailing entertainment types to be approved with any associated restrictions.
The Buena Park Police Department reviewed the request for the new commercial development
including convenience market with sale of beer and wine for off-site consumption and relocation
of the TomKat Lounge, including sale of beer, wine, and distilled spirits for on-site consumption
as well as live entertainment. Since there will be no net area increase in alcohol licenses
associated with the project, the Police Department concluded that with proper operating
conditions, including security and noise restrictions, the business operations at the new center
would provide a neighborhood convenience. As conditioned, the Police Department had no
objection to the proposed development
In regards to building architecture, Staff feels that the proposed building includes appropriate
architectural enhancements, such as new stucco exterior finish, decorative reveals, ceramic tile
accents, new fabric awnings, as well as decorative lighting, to complement other buildings in
the area while meeting the goals of the zone and General Plan. The use of enhanced building
materials and classic design details will create a commercial center as envisioned through
General Plan design criteria.
The project design complies with City Code requirements for building setbacks, access,
circulation, parking, and building design. The proposed commercial center will be consistent
with other similar uses within the surrounding area. The proposed convenience market and
laundromat, per City Code standards, require five parking spaces per thousand sq. ft. of gross
floor area (5/1000 ratio) while the bar/lounge require ten parking spaces per thousand sq. ft. of
gross floor area and four per thousand for the private office (10/1000, and 4/1000 ratio). The
development requires and has provided a total of 53 parking spaces on-site. Furthermore, the
applicant has provided one loading space and one trash enclosure per Code requirements.
AGENDA ITEM NO. 3
Page 7
Staff has reviewed the proposed signage for the building and determined that proposed wall
signs for proposed development meet Code requirements, however, the proposed monument
sign as proposed will need to be modified to a maximum of 67 sq. ft. of sign area, per Code
requirements. Signs shall be approved under separate permits.
ENVIRONMENTAL ASSESSMENT:
The project is Class 32, Section 15332, categorically exempt from CEQA.
PUBLIC HEARING NOTICES:
Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Community
Recreation Center on July 11, 2013, and 133 notices were mailed to property owners and
residents within a 300 ft. radius of the subject property on July 11, 2013.
FINDINGS OF FACT:
DEVELOPMENT AGREEMENT NO. DA13-002
a.
The location, design, and proposed uses set forth in the Development Agreement will be
compatible with the existing and anticipated development in the vicinity. The proposed
operations of the specified uses to be approved separately under Conditional Use
Permit CU13-010 and CU13-011, will be consistent with the General Plan. The building
and site improvements will be appropriately designed for the property while providing
protection to adjacent residents. Adequate site and building design as well as parking
and circulation will be provided.
b.
The Development Agreement will produce an environment of stable and desirable
character, will not cause traffic congestion on the surrounding streets, and will promote
enhanced vehicle access/egress and on-site circulation as well as improved pedestrian
access. The proposed uses and intensity are consistent with other commercial uses in
the vicinity and adequate street access and traffic capacity will be available to serve the
proposed businesses as well as existing and anticipated development in the surrounding
area
c.
The proposed project and improvements will enhance site and area aesthetics,
consistent with the land uses in the zone and will enhance site utility in order to protect
the public’s health, safety and welfare.
d.
The Development Agreement will conform to the City of Buena Park’s General Plan.
The proposal will promote the maximum efficient utilization of the site. The proposed
building and site are adequate in size, shape, topography, location, utilities and other
factors, to accommodate the proposed new specified uses, to be approved separately
under Conditional Use Permit CU13-010 and CU13-011, as conditioned. The proposal
will not create uses inconsistent with the area uses due to required specifications and
operating conditions, as well as site and building design improvements.
AGENDA ITEM NO. 3
Page 8
a.
The proposed convenience market, as conditioned, and approved concurrently with
Development Agreement No. DA13-002, will meet all applicable requirements of the
General Plan, and other laws, since the project will meet applicable development
standards as well as exhibit use and performance characteristics consistent with
adjacent properties and area development, as conditioned.
b.
The site is adequate in size, shape, topography, location, utilities and other factors, to
accommodate the new convenience market. Based on distance and buffering from
nearby residences as well as operation restrictions and associated improvements, as
conditioned, there will be no conflicts or incompatibility created by the proposed use.
c.
Adequate street access and traffic capacity will be available to serve the proposed use
as well as existing and anticipated development in the surrounding area. As
conditioned, the project will not create traffic disruption in the area and proper on-site
circulation will not be compromised.
d.
Adequate utilities and public services will be available to serve the proposed use as well
as existing and anticipated development in the surrounding area. The proposed use is
consistent with similar uses in the vicinity.
e.
The proposed use will not produce results detrimental to the public health, safety, or
welfare and will not be injurious to other properties in the vicinity. The convenience
market / dairy site currently maintains a license to sell beer and wine for off-site
consumption which will transfer to the new tenant at the redeveloped site. Adequate
buffering elements and operation conditions have been incorporated to prevent negative
impacts onto surrounding properties or nearby residentially zoned properties.
a.
The proposed bar/lounge, with proposed billiards and live entertainment to include
music, dancing, and karaoke, as conditioned, and approved concurrently with
Development Agreement No. DA13-002, will meet all applicable requirements of the
General Plan, and other laws, since the project will meet applicable development
standards as well as exhibit use and performance characteristics consistent with
adjacent properties and area development, as conditioned.
b.
The site is adequate in size, shape, topography, location, and other factors, to
accommodate the bar/lounge with proposed live entertainment. Based on the distance
and buffering from nearby residences and operating restrictions, as conditioned, there
will be no conflicts or incompatibility created based on the ancillary nature and lower
intensity of the proposed use.
c.
Adequate street access and parking will be available to service the bar / lounge with
proposed live entertainment. Adjacent streets are fully improved with sufficient capacity
for traffic generated by the project. The project will not cause traffic disruption in the
area and proper on-site circulation will not be compromised.
AGENDA ITEM NO. 3
Page 9
d.
Adequate utilities and public services are or will be available to serve the bar / lounge
with proposed live entertainment as well as existing and anticipated development in the
surrounding area.
e.
The proposed use will not produce results detrimental to the public health, safety, or
welfare and will not be injurious to other properties in the vicinity. The bar / lounge with
proposed live entertainment will maintain compliance with operating and design
standards and requirements to ensure compatibility with adjacent and surrounding
development. The proposal will relocate the existing business and will not create a use
inconsistent with existing and intended site and area uses due to required operating
conditions as well as site and building improvements.
Prepared by:
Approved by:
Presented by:
ATTACHMENTS:
1.
Proposed Resolutions – DA13-002, CU13-010 and CU13-011
2.
Proposed Development Agreement No. DA13-002 with Exhibits
3.
Proposed City Council Ordinance – Development Agreement No. DA13-002
4.
Existing Conditions Exhibit
5.
City Council Study Session Minutes – May 8, 2012
6.
Memo from Police Department dated July 3, 2013
7.
Business Plans
8.
Exterior Signing and Graphics Package
9.
Development Plans
10.
Vicinity Map
SRDA13-002
AGENDA ITEM NO. 3
RESOLUTION NO.
BUENA PARK RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF BUENA PARK APPROVE DEVELOPMENT AGREEMENT NO.
DA13-002
CONCERNING
THE
CONSTRUCTION
OF
AN
APPROXIMATELY 8,584 SQ. FT. NEW COMMERCIAL CENTER AND
SITE IMPROVEMENTS AND THE RELOCATION AN EXISTING LEGAL
NON-CONFORMING BAR/LOUNGE WITH SALE OF BEER, WINE, AND
DISTILLED SPIRITS FOR ON-SITE CONSUMPTION TO BE
APPROVED UNDER A SEPARATE CONDITIONAL USE PERMIT ON
PROPERTIES GENERALLY LOCATED AT 8761 KNOTT AVENUE
(APN: 069-130-40 & 51) BUENA PARK, CALIFORNIA AND
AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF
OF THE CITY OF BUENA PARK.
A.
Recitals.
(i)
Encore Property Group, LLC, P.O. Box 898, Cypress, CA 90630 and City
of Buena Park, 6650 Beach Boulevard, Buena Park, CA 90620, property owners, have
filed a request to enter into Development Agreement No. DA13-002 concerning the
construction of an approximately 8,584 sq. ft. new commercial center and site
improvements and the relocation an existing legal non-conforming bar/lounge with sale
of beer, wine, and distilled spirits for on-site consumption as well as site improvements
to include parking, circulation, access, and landscaping as well as approval of a 2,542
sq. ft. convenience store with sale of beer and wine for off-site consumption considered
through Conditional Use Permit No. CU13-010, and a 2,309 sq. ft. bar/lounge with onsite sale and consumption of beer, wine, and distilled spirits with 1,605 sq. ft. second
floor private office considered through Conditional Use Permit No. CU13-011 generally
located at 8761 Knott Avenue (APN: 069-130-40 & 51) Buena Park, California, in the
County of Orange. Hereinafter in this Resolution, the subject Development Agreement
No. DA13-002 request is referred to as “Development Agreement”.
(ii)
On July 24, 2013 , this Commission conducted a duly noticed public
hearing on the application, as required by law, and concluded said hearing prior to the
adoption of this resolution.
(iii)
The Planning Commission has reviewed and considered all elements of
the proposed Development Agreement together with the associated information
contained therein.
(iv)
B.
All legal prerequisites to the adoption of this Resolution have occurred.
Resolution.
NOW, THEREFORE, the Planning Commission of the City of Buena Park does
hereby find, determine, and resolve as follows:
Resolution No.
July 24, 2013
1.
In all respects as set forth in the Recitals, Part A, of this Resolution.
2.
Based upon substantial evidence presented to this Commission during
the above-referenced hearing, including written staff reports, verbal testimony, and
development plans stamped “RECEIVED JUN 10 2013 PLNG. DIV.” this Commission
hereby finds and recommends the City Council find that Development Agreement No.
DA13-002 will promote the orderly development of the project area along with the public
health, safety and welfare.
a.
The location, design, and proposed uses set forth in the
Development Agreement will be compatible with the existing and anticipated
development in the vicinity. The proposed operations of the specified uses to be
approved separately under Conditional Use Permit CU13-010 and CU13-011, will be
consistent with the General Plan. The building and site improvements will be
appropriately designed for the property while providing protection to adjacent residents.
Adequate site and building design as well as parking and circulation will be provided.
b.
The Development Agreement will produce an environment
of stable and desirable character, will not cause traffic congestion on the surrounding
streets, and will promote enhanced vehicle access/egress and on-site circulation as well
as improved pedestrian access. The proposed uses and intensity are consistent with
other commercial uses in the vicinity and adequate street access and traffic capacity will
be available to serve the proposed businesses as well as existing and anticipated
development in the surrounding area
c.
The proposed project and improvements will enhance site
and area aesthetics, consistent with the land uses in the zone and will enhance site
utility in order to protect the public’s health, safety and welfare.
d.
The Development Agreement will conform to the City of
Buena Park’s General Plan. The proposal will promote the maximum efficient utilization
of the site. The proposed building and site are adequate in size, shape, topography,
location, utilities and other factors, to accommodate the proposed new specified uses, to
be approved separately under Conditional Use Permit CU13-010 and CU13-011, as
conditioned. The proposal will not create uses inconsistent with the area uses due to
required specifications and operating conditions, as well as site and building design
improvements
3.
This Commission also makes, and recommends the City Council make,
the following specific findings in support of Development Agreement No. DA13-002.
a.
The Planning Commission hereby finds and determines
that the project identified above in this Resolution is categorically exempt from the
requirements of the California Environmental Quality Act of 1970, as amended, and the
Guidelines promulgated thereunder pursuant CEQA per Section 15332 Class 32 of
Division 6 of Title 14 of the California Code of Regulations.
Page 2
Resolution No.
July 24, 2013
4.
The Secretary to this Commission shall:
a.
Certify to the adoption of this Resolution; and
b.
Forthwith transmit a copy of this Resolution to the City
Council of the City of Buena Park together with all documents prepared with respect to
the submitted applications, including the proposed Development Agreement No. DA13002 prepared for this project and transcripts of any and all hearings conducted with
respect to the applications recommended for approval herein.
ADOPTED AND APPROVED this 24th day of July 2013 by the following called vote:
AYES:
COMMISSIONER:
NOES:
COMMISSIONER:
ABSENT:
COMMISSIONER:
ABSTAINED:
COMMISSIONER:
_________________________
Richard McGuire
Chair
I, Joel W. Rosen, AICP, Secretary of the Planning Commission of the City of Buena
Park, do hereby certify that the foregoing Resolution was passed at a regular meeting of
the Planning Commission of the City of Buena Park held on the 24th day of July 2013.
ATTEST:
Joel W. Rosen
Secretary
REDA13-002
Page 3
RESOLUTION NO.
CITY OF BUENA PARK APPROVE A REQUEST FOR ISSUANCE OF
CONDITIONAL USE PERMIT NO. CU13-010, TO ESTABLISH A NEW
2,542 SQ. FT. CONVENIENCE STORE WITH THE SALE OF BEER
AND WINE FOR OFF-SITE CONSUMPTION LOCATED AT 8761
KNOTT AVENUE (APN: 069-130-40 & 51) WITHIN THE CS
(COMMUNITY SHOPPING) ZONE., AND MAKING FINDINGS IN
SUPPORT THEREOF.
A.
Recitals.
(i)
filed an application for issuance of Conditional Use Permit No. CU13-010 to establish a
new 2,542 sq. ft. convenience store with the sale of beer and wine for off-site
consumption located at 8761 Knott Avenue. (069-130-40 & 51), Buena Park, California,
in the County of Orange. Hereinafter in this Resolution, the subject request is referred
to as the “application”.
(ii)
On July 24, 2013, this Commission conducted a duly noticed public
hearing on the application and concluded said hearing prior to the adoption of this
Resolution.
(iii)
B.
Resolution.
hereby find, determine and resolve and recommend the City Council find as follows:
1.
The Commission hereby specifically finds that all the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2.
Based upon substantial evidence presented to this Commission
during the above-referenced hearing, including written staff reports, verbal testimony,
business plan, and development plans stamped “RECEIVED JUN 10 2013 PLNG. DIV.”,
this Commission hereby specifically finds as follows:
a.
The proposed convenience market, as conditioned, and
approved concurrently with Development Agreement No. DA13-002, will meet all
applicable requirements of the General Plan, and other laws, since the project will meet
Resolution No.
July 24, 2013
applicable development standards as well as exhibit use and performance
characteristics consistent with adjacent properties and area development, as
conditioned.
b.
The site is adequate in size, shape, topography, location,
utilities and other factors, to accommodate the new convenience market. Based on
distance and buffering from nearby residences as well as operation restrictions and
associated improvements, as conditioned, there will be no conflicts or incompatibility
created by the proposed use.
c.
Adequate street access and traffic capacity will be
available to serve the proposed use as well as existing and anticipated development in
the surrounding area. As conditioned, the project will not create traffic disruption in the
area and proper on-site circulation will not be compromised.
d.
Adequate utilities and public services will be available to
serve the proposed use as well as existing and anticipated development in the
surrounding area. The proposed use is consistent with similar uses in the vicinity.
e.
The proposed use will not produce results detrimental to
the public health, safety, or welfare and will not be injurious to other properties in the
vicinity. The convenience market / dairy site currently maintains a license to sell beer
and wine for off-site consumption which will transfer to the new tenant at the
redeveloped site. Adequate buffering elements and operation conditions have been
incorporated to prevent negative impacts onto surrounding properties or nearby
residentially zoned properties.
3.
The Planning Commission hereby finds and determines that the
project identified above in this Resolution, and approved concurrently with Development
Agreement No. DA13-002, is categorically exempt from the requirements of the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder pursuant to Class 32, Section 15332 of Division 6 of Title 14 of
the California Code of Regulations.
4.
Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3, above, this Commission hereby recommends approval of the application
subject to the plans and business/operation plan stamped “RECEIVED JUN 10 2013
PLNG. DIV.” as modified herein and the following reasonable conditions set forth in
paragraph 5 of this Resolution.
5.
The following conditions are deemed necessary to protect the
public health, safety, and general welfare and are reasonable and proper in accordance
with the purpose and intent of the Buena Park City Code:
PLANNING DIVISION:
1.
This approval shall be contingent upon the approval of Development Agreement
No. DA13-002. All existing Conditional Use Permits at the property shall be
superseded by this approval and shall be null.
Page 2
Resolution No.
July 24, 2013
2.
This approval shall be to establish a new 2,542 sq. ft. convenience store with the
sale of beer and wine for off-site consumption located at 8761 Knott Avenue, in
substantial compliance with plans stamped “RECEIVED JUN 10 2013 PLNG.
DIV.”, except as modified herein.
3.
The sale of beer and wine for off-site consumption shall be incidental to the
operation of the 2,542 sq. ft. convenience store.
4.
All alcoholic beverages shall be prepackaged; individual sales of single cans or
bottles of beer are not permitted.
5.
All refrigerated coolers containing alcoholic beverages shall be secured and
locked between 2 a.m. to 6 a.m. Exact design and method of securing the
coolers shall be reviewed and approved by the Director of Community
Development.
6.
The possession of alcoholic beverages in open containers and the consumption
of alcoholic beverages are prohibited on or around the premises.
7.
The applicant shall post and maintain a professional quality sign within the
premises parking lot that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be 2 sq. ft. in size with 2 inches block lettering. The sign shall be
in English and Spanish. Exact configuration and text of the sign shall be
reviewed and approved by the Police Department.
8.
A security plan shall be prepared by the applicant and approved by the Chief of
Police prior to establishment of the approved use, and implemented at all times.
The approved Security Plan shall include the following:
(1)
A 24-hour alarm system shall be installed for the 2,542 sq. ft.
convenience market.
(2)
Security lighting shall be installed on all elevations of the subject building
in order to preclude loiterers on the subject property.
(3)
High resolution security surveillance cameras shall be installed inside and
outside the convenience market.
Said security plan shall be submitted to the Police Chief on an annual basis and
may require modifications in order to maintain appropriate safety and security for
the subject business and surrounding commercial uses within area including
requiring licensed and uniformed security personnel.
Page 3
Resolution No.
July 24, 2013
9.
Within six months of commencement of operations, a status report on
compliance with the conditions of approval shall be submitted to the Planning
Commission. If conditions of approval violations are found or there are an
unusually high number of calls for Police service a noticed public hearing will be
scheduled with the Planning Commission to determine if additional or modified
conditions are necessary to maintain the public health, safety and welfare.
10.
No signs or displays advertising beer and wine shall be permitted on the exterior
of the building.
11.
All glass storefronts shall remain free and clear of any type of window displays
or signage at all times. Windows shall not be tinted, coated, obstructed, or
otherwise obscured, in order to provide adequate safety enforcement
surveillance into the facility. Furthermore, any interior signs or graphics shall not
be displayed in such a manner as to be visible from outside the establishment.
13.
All parking areas and driveways shall be paved and striped as shown on the
approved plan. Installation of speed bumps shall not be permitted within
required fire lanes, access drives, or driveways of the proposed project. The
landscaped setback shall be maintained at the perimeter of all parking areas
fronting a public street, except at access drives and walks. All landscaped areas
shall be separated from adjacent vehicular areas by a masonry wall or portland
cement concrete (p.c.c.) curb a minimum of 6 inches in height, or by p.c.c. or
masonry walkway. It shall be the responsibility of the developer to submit to the
Public Works Department such plans as are necessary to ensure the installation
of curbs or walls do not detrimentally affect drainage.
14.
All lighting and illuminated signs shall be designed to prevent glare upon streets,
walkways, and surrounding residential property. Lighting shall comply with
applicable ordinance standards including functional and aesthetic criteria. The
required lighting levels and fixture design shall be approved by the Planning
Division before permits are issued.
15.
All signs shall conform to the Zoning and Sign Ordinances of the City and require
separate approval. Final design and location of monument sign shall be
reviewed and approved by the Planning Division prior to installation.
16.
All storage shall be within the building.
17.
Outdoor display of merchandise shall not be permitted on the property.
18.
All outdoor trash storage bins shall be screened from view by block trash
enclosures with overhead doors and personnel door. Such structures shall be
designed, in coordination with the architectural design of the building including
materials and coloration. The final design and placement shall be subject to
review and approval by the Planning Division, Building Division, and Fire
Department.
Page 4
Resolution No.
July 24, 2013
19.
All required double check valve assemblies located within the front yard or within
the public view shall be located below grade.
20.
All required new utility services shall be underground. All required utility services
and equipment, including transformers, gas meter, “J” boxes, and similar devices
shall be located below grade or shall be screened from view by ornamental
masonry walls. The placement and treatment of all screening devices shall be
subject to review and approval of the Planning Division. In addition to said walls,
landscaping may also be required as a solution for screening. A preliminary
electrical equipment plan, which is prepared by the Southern California Edison
Company, shall be reviewed and approved by the City Planning Division prior to
the issuance of building permits. The applicant is required to return City
approved red line prints to the Southern California Edison Company Planning
Department, for preparation of final construction drawings. The location of other
utility companies’ appurtenances and meters shall be submitted to the City
Planning Division for review and approval prior to installation.
21.
No roof-mounted mechanical equipment shall be permitted unless screened by
building parapet walls. The installation and screening of air conditioning and
similar equipment shall comply with existing design criteria and Section
19.544.020 of the City Code.
22.
The approved use shall maintain a business license as required by the Buena
Park City Code prior to establishment of the use.
23.
The project and/or use authorized by this approval shall at all times comply with
all applicable local, state, and federal ordinances, statutes, standards, codes,
laws, policies and regulations.
24.
This Conditional Use Permit may be revoked for any violation of or
noncompliance with any of these conditions in accordance with Section
19.132.030 of the Zoning Ordinance.
25.
The use authorized by this Conditional Use Permit shall be commenced or
construction necessary and incidental thereto shall be started within one (1) year
of the expiration of the appeal period and thereafter diligently advanced until
completion of the project.
26.
The development shall conform to the plan as finally approved by the City as
conditioned herein. Final plans shall incorporate all changes as conditioned
herein and shall recognize all easements or deed restrictions pertaining to the
subject property. Any appreciable modification shall require the prior approval of
the Planning Commission.
27.
Prior to commencement of the approved use, these conditions and all
improvements shall be completed to the satisfaction of the City.
28.
The applicant shall indemnify, defend and hold harmless City, its officers,
agents, and employees from any and all claims and losses whatsoever occurring
Page 5
Resolution No.
July 24, 2013
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, 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 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 hereinabove 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, and any award of damages, judgments, verdicts, court costs or
attorneys' fees in any such lawsuit or action.
PASSED AND ADOPTED this 24th day of July 2013 by the following called vote:
AYES:
COMMISSIONER:
NOES:
COMMISSIONER:
ABSENT:
COMMISSIONER:
ABSTAINED:
COMMISSIONER:
_________________________
Richard McGuire
Chair
ATTEST:
______________________________
Joel W. Rosen
Secretary
AFFIDAVIT OF ACCEPTANCE:
Page 6
Resolution No.
July 24, 2013
I/We do hereby accept all of the conditions contained in this document and all other
conditions imposed by Conditional Use Permit No. CU13-010 and do agree that I/We
shall conform with and abide by all such conditions.
Date:____________________
____________________________
Applicant’s Signature
recu13-010
Page 7
RESOLUTION NO.
CITY OF BUENA PARK APPROVE A REQUEST FOR ISSUANCE OF
CONDITIONAL USE PERMIT NO. CU13-011, TO ESTABLISH A NEW
2,309 SQ. FT. BAR/LOUNGE WITH ENTERTAINMENT AS WELL AS
ON-SITE SALE AND CONSUMPTION OF BEER, WINE, AND
DISTILLED SPIRITS WITH ASSOCIATED 1,605 SQ. FT. SECOND
FLOOR PRIVATE OFFICE LOCATED AT 8761 KNOTT AVENUE (APN:
069-130-40 & 51) WITHIN THE CS (COMMUNITY SHOPPING) ZONE.,
AND MAKING FINDINGS IN SUPPORT THEREOF.
A.
Recitals.
(i)
filed an application for issuance of Conditional Use Permit No. CU13-011 to establish a
new 2,309 sq. ft. bar/lounge with entertainment as well as on-site sale and consumption
of beer, wine, and distilled spirits with associated 1,605 sq. ft. second floor private office
located at 8761 Knott Avenue. (069-130-40 & 51), Buena Park, California, in the County
of Orange. Hereinafter in this Resolution, the subject request is referred to as the
“application”.
(ii)
On July 24, 2013, this Commission conducted a duly noticed public
hearing on the application and concluded said hearing prior to the adoption of this
Resolution.
(iii)
B.
Resolution.
hereby find, determine and resolve and recommend the City Council find as follows:
1.
The Commission hereby specifically finds that all the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2.
Based upon substantial evidence presented to this Commission
during the above-referenced hearing, including written staff reports, verbal testimony,
business plan, and development plans stamped “RECEIVED JUN 10 2013 PLNG. DIV.”,
this Commission hereby specifically finds as follows:
Resolution No.
July 24, 2013
a.
The proposed bar/lounge, with proposed billiards and live
entertainment to include music, dancing, and karaoke, as conditioned, and approved
concurrently with Development Agreement No. DA13-002, will meet all applicable
requirements of the General Plan, and other laws, since the project will meet applicable
development standards as well as exhibit use and performance characteristics
consistent with adjacent properties and area development, as conditioned.
b.
The site is adequate in size, shape, topography, location,
and other factors, to accommodate the bar/lounge with proposed live entertainment.
Based on the distance and buffering from nearby residences and operating restrictions,
as conditioned, there will be no conflicts or incompatibility created based on the ancillary
nature and lower intensity of the proposed use.
c.
Adequate street access and parking will be available to
service the bar / lounge with proposed live entertainment. Adjacent streets are fully
improved with sufficient capacity for traffic generated by the project. The project will not
cause traffic disruption in the area and proper on-site circulation will not be
compromised.
d.
Adequate utilities and public services are or will be
available to serve the bar / lounge with proposed live entertainment as well as existing
and anticipated development in the surrounding area.
e.
The proposed use will not produce results detrimental to
the public health, safety, or welfare and will not be injurious to other properties in the
vicinity. The bar / lounge with proposed live entertainment will maintain compliance with
operating and design standards and requirements to ensure compatibility with adjacent
and surrounding development. The proposal will relocate the existing business and will
not create a use inconsistent with existing and intended site and area uses due to
required operating conditions as well as site and building improvements.
3.
The Planning Commission hereby finds and determines that the
project identified above in this Resolution, and approved concurrently with Development
Agreement No. DA13-002, is categorically exempt from the requirements of the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder pursuant to Class 32, Section 15332 of Division 6 of Title 14 of
the California Code of Regulations.
4.
Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3, above, this Commission hereby recommends approval of the application
subject to the plans and business/operation plan stamped “RECEIVED JUN 10 2013
PLNG. DIV.” as modified herein and the following reasonable conditions set forth in
paragraph 5 of this Resolution.
5.
The following conditions are deemed necessary to protect the
public health, safety, and general welfare and are reasonable and proper in accordance
with the purpose and intent of the Buena Park City Code:
Page 2
Resolution No.
July 24, 2013
PLANNING DIVISION:
1.
This approval shall be contingent upon the approval of Development Agreement
No. DA13-002.
2.
This approval shall be to establish a new 2,309 sq. ft. bar/lounge with
entertainment as well as on-site sale and consumption of beer, wine, and
distilled spirits with 1,605 sq. ft. associated second floor private office located at
8761 Knott Avenue, in substantial compliance with plans stamped “RECEIVED
JUN 10 2013 PLNG. DIV.”, except as modified herein.
3.
The second story 1,605 sq. ft. office shall be restricted to an associated
administrative office only with no separate tenancy. No bar/lounge patrons or
service of alcohol shall be permitted on the second floor at any time.
4.
The applicant shall apply for and maintain an annual Entertainment Permit as
approved by the Community Development Department and Police Department
detailing permissible entertainment types in accordance with the provisions of
Chapter 5.24 of the Buena Park Municipal Code prior to commencing any
entertainment on the premises.
5.
All forms of amplified music or live entertainment including karaoke, live bands
and Disc Jockeys shall not exceed 11:00 PM Sunday through Thursday and
12:00 a.m. on Fridays and Saturdays. No persons shall remain on the premises
or within the establishment after closing hours. Any modification of entertainment
hours shall require modification of this approval by the Community Development
Director in consultation with Police Chief via Minor Modification of Conditions
process.
6.
All permitted live entertainment shall be performed within the bar/lounge as
indicated on the plans stamped “RECEIVED JUN 10 2013 PLNG. DIV.” Dancing
shall be limited to the areas indicated on approved plans and shall not impede
required access / egress and circulation within the bar/lounge. The applicant
shall submit a plan depicting the final location for live entertainment and dancing,
which shall be reviewed and approved by the Planning Division prior to
commencement of any dancing or performances.
7.
All music and noise associated with the bar/lounge and incidental entertainment
shall comply with the City Noise Ordinance.
8.
All activities shall be conducted within the building. No outdoor seating shall be
permitted unless reviewed and approved by the Planning Department for access
and circulation.
9.
The interior of the business shall be maintained with adequate illumination to
make the conduct of patrons within the premises readily discernible to persons of
normal visual acuity.
Page 3
Resolution No.
July 24, 2013
10.
It shall be the responsibility of the property owner and business proprietor to take
such measures as may be necessary to prevent, preclude, and eliminate any
loitering either inside the establishment or within the parking areas within the
commercial center in the vicinity of the bar/lounge establishment, both during
and after hours.
11.
Smoking is prohibited within the establishment at all times.
12.
Sufficient air conditioning/ventilation shall be provided and utilized to permit a
comfortable interior environment with doors closed.
13.
The applicant shall post and maintain a professional quality sign within the
premises parking lot that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be 2 sq. ft. in size with 2 inches block lettering. The sign shall be
in English and Spanish. Exact configuration and text of the sign shall be
reviewed and approved by the Police Department.
14.
A security plan shall be prepared by the applicant and approved by the Chief of
Police prior to establishment of the approved use, and implemented at all times.
The approved Security Plan shall include the following:
(1)
A 24-hour alarm system shall be installed for the 2,309 sq. ft. bar/lounge.
(2)
Security lighting shall be installed on all elevations of the subject building
in order to preclude loiterers on the subject property.
(3)
High resolution security surveillance cameras shall be installed inside and
outside the bar/lounge.
(4)
Any time that patron dancing is allowed within the premises, the
establishment shall have present at all times one or more security
employees who are readily identifiable as per Section 5.24.130 of the
Buena Park Municipal Code.
Said security plan shall be submitted to the Police Chief on an annual basis and
may require modifications in order to maintain appropriate safety and security for
the subject business and surrounding commercial uses within the area including
potentially requiring licensed and uniformed security personnel at all times that
the bar / lounge is open.
15.
compliance with the conditions of approval shall be submitted to the Planning
Commission. If conditions of approval violations are found or there are an
Page 4
Resolution No.
July 24, 2013
unusually high number of calls for Police service a noticed public hearing will be
scheduled with the Planning Commission to determine if additional or modified
conditions are necessary to maintain the public health, safety and welfare.
16.
No signs or displays advertising beer, wine or alcohol shall be permitted on the
exterior of the building.
17.
All parking areas and driveways shall be paved and striped as shown on the
approved plan. Installation of speed bumps shall not be permitted within
required fire lanes, access drives, or driveways of the proposed project. The
landscaped setback shall be maintained at the perimeter of all parking areas
fronting a public street, except at access drives and walks. All landscaped areas
shall be separated from adjacent vehicular areas by a masonry wall or portland
cement concrete (p.c.c.) curb a minimum of 6 inches in height, or by p.c.c. or
masonry walkway. It shall be the responsibility of the developer to submit to the
Public Works Department such plans as are necessary to ensure the installation
of curbs or walls do not detrimentally affect drainage.
18.
All lighting and illuminated signs shall be designed to prevent glare upon streets,
walkways, and surrounding residential property. Lighting shall comply with
applicable ordinance standards including functional and aesthetic criteria. The
required lighting levels and fixture design shall be approved by the Planning
Division before permits are issued.
19.
All signs shall conform to the Zoning and Sign Ordinances of the City and require
separate approval. Final design and location of monument sign shall be
reviewed and approved by the Planning Division prior to installation.
20
No portable signs shall be permitted at all times.
21.
All storage shall be within the building.
22.
enclosures with overhead doors and personnel door. Such structures shall be
designed, in coordination with the architectural design of the building including
materials and coloration. The final design and placement shall be subject to
review and approval by the Planning Division, Building Division, and Fire
Department.
23.
24.
electrical equipment plan, which is prepared by the Southern California Edison
Page 5
Resolution No.
July 24, 2013
Company, shall be reviewed and approved by the City Planning Division prior to
25.
No roof-mounted mechanical equipment shall be permitted unless screened by
building parapet walls. The installation and screening of air conditioning and
similar equipment shall comply with existing design criteria and Section
19.544.020 of the City Code.
26.
The approved use shall maintain a business license as required by the Buena
Park City Code prior to establishment of the use.
27.
The project and/or use authorized by this approval shall at all times comply with
all applicable local, state, and federal ordinances, statutes, standards, codes,
laws, policies and regulations.
28.
This Conditional Use Permit may be revoked for any violation of or
noncompliance with any of these conditions in accordance with Section
19.132.030 of the Zoning Ordinance.
29.
The use authorized by this Conditional Use Permit shall be commenced or
of the expiration of the appeal period and thereafter diligently advanced until
completion of the project.
30.
subject property. Any appreciable modification shall require the prior approval of
the Planning Commission.
31.
Prior to commencement of the approved use, these conditions and all
improvements shall be completed to the satisfaction of the City.
32.
The applicant shall indemnify, defend and hold harmless City, its officers,
agents, and employees 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, 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 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 hereinabove shall include, but not be limited to,
paying all fees and costs incurred by legal counsel of the City's choice in
Page 6
Resolution No.
July 24, 2013
representing the City in connection with any such claims, losses, lawsuits, or
actions, and any award of damages, judgments, verdicts, court costs or
attorneys' fees in any such lawsuit or action.
PASSED AND ADOPTED this 24th day of July 2013 by the following called vote:
AYES:
COMMISSIONER:
NOES:
COMMISSIONER:
ABSENT:
COMMISSIONER:
ABSTAINED:
COMMISSIONER:
_________________________
Richard McGuire
Chair
ATTEST:
______________________________
Joel W. Rosen
Secretary
AFFIDAVIT OF ACCEPTANCE:
I/We do hereby accept all of the conditions contained in this document and all other
conditions imposed by Conditional Use Permit No. CU13-011 and do agree that I/We
shall conform with and abide by all such conditions.
Date:____________________
____________________________
Applicant’s Signature
Page 7
Resolution No.
July 24, 2013
recu13-011
Page 8
Record At The Request
Of And When Recorded
Mail To:
Shalice Tilton
City Clerk
Post Office Box 5009
Buena Park, California 90622
DEVELOPMENT AGREEMENT NO. DA13-002, CONCERNING PROPERTY
LOCATED AT 8761 KNOTT AVENUE
BUENA PARK, CALIFORNIA
THIS AGREEMENT is made and entered into as of the "Effective Date"
set forth herein by and between Encore Property Group, LLC., ("Developer") and the
CITY OF BUENA PARK, a municipal corporation organized and existing under the laws
of the State of California ("City").
W I T N E S S E T H:
A.
Recitals.
(i)
California Government Code Sections 65864, et seq. authorize
cities to enter into binding development agreements with persons having legal or
equitable interests in real property for the development of such property.
(ii) Developer owns or will own or have an equitable interest in and to
all that real property located entirely within City, the common and legal description of
which is set forth in Exhibit "A," attached hereto and incorporated herein by this
reference and hereinafter is referred to as "the Site."
(iii) The Site is currently designated within the General Plan as
“Commercial” and is zoned CS (Community Shopping); The Developer and the City
desire to provide through this Development Agreement specific development controls
on the Site by creating a mechanism to relocate an existing legal non-conforming
bar/lounge while providing assurance, in contractual form, that property development will
evolve with suitable conditions and provisions to alleviate detrimental impacts, including
design, buffering, security, and safety provisions while promoting compatibility and
maximum efficient utilization of the Site in accordance with sound planning principles.
(iv) On
, 2013, City adopted its Ordinance No. ____, thereby
approving this Development Agreement with Developer and said Ordinance was
effective on
, 2013.
B.
Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1.
Definitions. In this Agreement, unless the context otherwise requires, the
following terms shall have the following meaning:
a.
"City" is the City of Buena Park.
b.
"Developer" is Encore Property Group, LLC (Owner).
c.
"Development and Business Plans" are those plans and specifications
attached hereto, marked as Exhibit "B" and incorporated herein by this
reference, and comprised of the documents including, but not limited to, a
final site plan, floor plan, and elevation plan stamped “ RECEIVED JUN
10 2013 PLNG. DIV.” The Development and Business Plans also include
various conditions of approval set forth in Exhibit "C" attached hereto
which are not changed, altered or modified by this Development
Agreement unless specifically set forth herein. The project also includes
the records of applications by Developer, the proceedings before the
Planning Commission and City Council, and all such records and files in
these matters are incorporated herein by this reference as though set
forth in full.
d.
"Project" is that development approved for the Site as provided in this
Development Agreement comprised of construction of an approximately
8,584 sq. ft. new commercial center and site improvements, including
approval of a 2,542 sq. ft. convenience store with sale of beer and wine
for off-site consumption to be considered through Conditional Use Permit
No. CU13-010, and a 2,309 sq. ft. bar/lounge with on-site sale and
consumption of beer, wine, and distilled spirits with 1,605 sq. ft. second
floor private office to be considered through Conditional Use Permit No.
CU13-011, as well as a 2,128 sq. ft. coin-operated laundromat, as
reflected in the Development and Business Plans attached hereto as
Exhibit "B" and the conditions set forth in Exhibit "C."
e.
"Effective Date" shall mean the date that the City enters into this
Development Agreement.
2.
Recitals.
The recitals are part of the agreement between the parties and
shall be enforced and enforceable as any other provision of this Agreement.
3.
Interest of Property Owner.
Developer warrants and represents that it
will have full legal title in or an equitable interest to the Site; that it will have full legal
right to enter into this Agreement by reason of its right to acquire title to the property;
and that the persons executing this Agreement on behalf of Developer have been duly
authorized to do so.
4.
Binding Effect of Agreement.
Developer hereby subjects the Project and
the land described in Exhibit "A" hereto to the covenants, reservations and restrictions
2.
as set forth in this Agreement. The City and the Developer hereby declare their specific
intent that the covenants, reservations and restrictions as set forth herein shall be
deemed covenants running with the land and shall pass to and be binding upon
Developer's successors and assigns in title or interest to the Project. Each and every
contract, deed or other instrument hereinafter executed, covering or conveying the
Project or any portion thereof shall conclusively be held to have been executed,
delivered and accepted subject to the covenants, reservations and restrictions
expressed in this Agreement, regardless of whether such covenants, reservations and
restrictions are set forth in such contract, deed or other instrument.
The City and Developer hereby further declare their understanding and intent
that the benefit of such covenants touch and concern the land by enhancing and
increasing the enjoyment and use of the Development by Developer and the future
occupants of the Project, the intended beneficiaries of such covenants, reservations and
restrictions, and by furthering the public purposes for which this Agreement is adopted.
5.
Relationship of Parties.
It is understood that the contractual relationship
between City and Developer is such that Developer is an independent party and is not
the agent of City for any purpose whatsoever and shall not be considered to be the
agent of City for any purpose whatsoever.
6.
Term of Agreement.
Subject to paragraph 7, the term of the Agreement
shall commence on the effective date and shall expire ________ ___, 2038, so long as
Developer remains in material compliance with this Agreement, as from time to time
amended.
7.
Construction.
Developer shall have one (1) year from the Effective Date
to commence construction. For purposes of this § 7, “commencement of construction”
shall not mean grading activities. The Developer, owner or authorized agent may
request and apply for an extension of time. Any request for extension of time must be
submitted in writing indicating the reason for extension and the requested amount of
time the Director of Community Development prior to the expiration date. All extensions
shall begin from the previous expiration date. A first-time extension may be granted by
the Director of Community Development. For any additional extensions, the Planning
Commission may grant extensions of such time period for up to one year for each
extension if the earlier expiration of such time is found to present an undue hardship
with respect to implementing the approved use and development of the property and
such extension would not be materially detrimental to the public health, safety and
welfare. If the Developer has not initiated work on the site or associated required public
improvements within the time period specified to do so in this § 7 pursuant to a building
permit or permits issued by the City, the Developer may be considered in default under
this agreement. The City may initiate default procedures set forth in § 16. For the
foregoing purpose, construction work shall not include preparation of plans, engineering
work or grading.
8.
Assignment. Developer shall have the right to sell, mortgage, hypothecate,
assign or transfer this Site to any person or entity at any time during the term of this
Development Agreement. Any such transfer shall be deemed to include an assignment
of all rights, duties and obligations created by this Development Agreement with respect
to all or any portion of the site. The assumption of any or all of the obligations of
3.
Developer under this Agreement pursuant to any such transfer shall relieve Developer,
without any act or concurrence by the City, of its legal duty to perform those obligations
except to the extent that Developer is in default with respect to any and all obligations at
the time of the proposed transfer.
9.
General Standards and Restrictions Pertaining to Development of the Site.
The following specific restrictions shall apply to the use of the Site pursuant to this
Development Agreement:
a.
Developer shall have the right to develop the Project on the Site in
accordance with the terms and conditions of this Agreement in
association with Conditional Use Permits CU13-010 and CU13-011 and
City shall have the right to control development of the Site in accordance
with the provisions of this Agreement.
b.
The types, intensity, and configuration of uses allowed, as well as size
and location of the building and other improvements in addition to
provisions for the reservation or dedication of land for public purposes
and location of public improvements, together with other terms and
conditions of development applicable to the Site, shall be consistent with
the CS (Community Shopping) zone standards of the City’s Zoning
Ordinance and as set forth in this Development Agreement, Conditional
Use Permits CU13-010 and CU13-011, and the attached Development
Plan, as conditioned.
10.
Effect of City Regulations on Development of Project.
Except
as
expressly provided in this Development Agreement, all substantive and procedural
requirements and provisions contained in City's ordinances, specific plans, rules and
regulations, including, but not limited to, the Zoning Ordinance, shall apply to the
construction and development of the Site.
a.
b.
c.
The provisions of this Agreement shall not preclude the application to the
development of the Site those changes in City ordinances, regulations,
plans or specifications which are specifically mandated and required by
changes in state or federal laws or regulations as provided in California
Government Code Section 65869.5 or any successor provision or
provisions. In the event such changes in the law prevent or preclude
compliance with one or more of the provisions of the Agreement, such
provisions of the Agreement shall be modified or suspended or
performance thereof delayed, as may be necessary to comply with such
changes in the law.
The payment of fees associated with the construction of the Project,
including land use approvals, development fees, building permits, etc.,
shall be pursuant to those fees in effect at the time application is made
for such approvals or permits.
City may apply pertinent new ordinances, rules, regulations, plans and
specifications applicable to the development of the Site after the effective
4.
date provided such new rules and regulations do not conflict with the
terms of this Development Agreement.
d.
Nothing herein shall prevent the application of health and safety
regulations (i.e., fire, building, seismic, plumbing and electric codes) that
become applicable to the City as a whole.
11.
Permitted Uses. The uses allowed on the Site, as described in the Development
Plan attached hereto as Exhibit “B”, shall be limited to uses permitted within the CS
(Community Shopping) and the relocation of an existing legal non-conforming
bar/lounge with sale of beer, wine, and distilled spirits for on-site consumption to be
approved through the Conditional Use Permit process.
12.
Annual Review.
During the term of this Development Agreement, City shall
annually review the extent of good faith compliance by Developer with the terms of this
Development Agreement. Developer shall file an annual report with the City indicating
information regarding compliance with the terms of this Development Agreement no
later than the anniversary of the Effective Date.
13.
Indemnification.
Developer agrees to, and shall, hold City and its elected
officials, officers, and employees harmless from liability for damage or claims for
damage for personal injuries, including death, and claims for property damage which
may arise from the direct or indirect operations of Developer or those of his contractor,
subcontractor, agent, employee or other person acting on his behalf which relate to the
construction of the Project. Developer agrees to, and shall, defend City and its elected
officials, officers, and employees with respect to actions for damages caused or alleged
to have been caused by reason of Developer's activities in connection with the
construction of the Project. This hold harmless provision applies to all damages and
claims for damage suffered or alleged to have been suffered by reason of the
construction of the Project referred to in this Development Agreement regardless of
whether or not the City prepared, supplied or approved the plans, specifications or other
documents for the Project.
14.
Amendments.
This Agreement may be amended or canceled, in whole or
in part, only by mutual written consent of the parties and then in the manner provided for
in California Government Code Sections 65868, et seq., or their successor provisions.
15.
Minor Amendments to Development Plan.
Upon the written application
of Developer, minor modifications and changes to the Development Plan, including
modifications to the building design or footprint affecting setbacks, parking layout and
design, and landscape design may be approved by the Director of Community
Development. Substantial changes in the Development Plan shall be processed
through a Conditional Use Permit pursuant to the City Zoning Ordinance.
16.
Enforcement.
In the event of a default under the provisions of this
Agreement by Developer, City shall give written notice to Developer (or its successor) by
registered or certified mail addressed at the address stated in this Agreement, and if
such violation is not corrected to the reasonable satisfaction of City within thirty (30)
days after such notice is given, or if not corrected within such reasonable time as may
be required to cure the breach or default if said breach or default cannot be cured within
5.
thirty (30) days (provided that acts to cure the breach or default must be commenced
within said thirty (30) days and must thereafter be diligently pursued by Developer), then
City may, without further notice, declare a default under this Agreement and, upon any
such declaration of default, City may bring any action necessary to specifically enforce
the obligations of Developer growing out of the operation of this Development
Agreement, apply to any court, state or federal, for injunctive relief against any violation
by Developer of any provision of this Agreement, or apply for such other relief as may
be appropriate.
17.
Event of Default.
Developer is in default under this Agreement upon the
happening of one or more of the following events or conditions:
a.
If a material warranty, representation or statement is made or furnished
by Developer to City and is false or proved to have been false in any
material respect when it was made;
b.
If a finding and determination is made by City following an annual review
pursuant to § 12 hereinabove, upon the basis of substantial evidence,
that Developer has not complied in good faith with any material terms and
conditions of this Agreement, after notice and opportunity to cure as
described in § 16 hereinabove; or
c.
A breach by Developer of any of the provisions or terms of this
Agreement, after notice and opportunity to cure as provided in § 16
hereinabove.
18.
No Waiver of Remedies.
City does not waive any claim of defect in
performance by Developer if on periodic review City does not enforce this Agreement.
Nonperformance by Developer shall not be excused because performance by Developer
of the obligations herein contained would be unprofitable, difficult or expensive or
because of a failure of any third party or entity, other than City. All other remedies at law
or in equity which are not otherwise provided for in this Agreement are available to the
parties to pursue in the event that there is a breach of this Development Agreement. No
waiver by City of any breach or default under this Development Agreement shall be
deemed to be a waiver of any other subsequent breach thereof or default hereunder.
19.
Rights of Lenders Under this Agreement.
Should Developer place or
cause to be placed any encumbrance or lien on the Project, or any part thereof, the
beneficiary ("Lender") of said encumbrance or lien shall have the right at any time during
the term of this Agreement and the existence of said encumbrance or lien to:
a.
Do any act or thing required of Developer under this Agreement, and any
such act or thing done or performed by Lender shall be as effective as if
done by Developer;
b.
Realize on the security afforded by the encumbrance or lien by exercising
foreclosure proceedings or power of sale or other remedy afforded in law
or in equity or by the security document evidencing the encumbrance or
lien (hereinafter referred to as "a trust deed");
6.
c.
Transfer, convey or assign the title of Developer to the Project to any
purchaser at any foreclosure sale, whether the foreclosure sale be
conducted pursuant to court order or pursuant to a power of sale
contained in a trust deed; and
d.
Acquire and succeed to the interest of Developer by virtue of any
foreclosure sale, whether the foreclosure sale be conducted pursuant to a
court order or pursuant to a power of sale contained in a trust deed.
e.
Should any Lender require or request an amendment of this Agreement
in respect of the rights and remedies granted to a Lender, City hereby
agrees to execute and deliver such an amendment so long as the
proposed amendment does not materially and adversely affect the rights,
powers, and remedies of the City in respect of a default by Developer
hereunder.
20.
Notice to Lender.
City shall give written notice of any default or breach under
this Agreement by Developer to Lender (if known by City) and afford Lender the
opportunity after service of the notice to:
a.
Cure the breach or default within thirty (30) days after service of said
notice, where the default can be cured by the payment of money;
b.
Cure the breach or default within thirty (30) days after service of said
notice where the breach or default can be cured by something other than
the payment of money and can be cured within that time; or
c.
Cure the breach or default in such reasonable time as may be required
where something other than payment of money is required to cure the
breach or default and cannot be performed within thirty (30) days after
said notice, provided that acts to cure the breach or default are
commenced within a thirty (30) day period after service of said notice of
default on Lender by City and are thereafter diligently continued by
Lender.
21.
Action by Lender. Notwithstanding any other provision of this Agreement, a
Lender may forestall any action by City for a breach or default under the terms of this
Agreement by Developer by commencing proceedings to foreclose its encumbrance or
lien on the Project. The proceedings so commenced may be for foreclosure of the
encumbrance by order of court or for foreclosure of the encumbrance under a power of
sale contained in the instrument creating the encumbrance or lien. The proceedings
shall not, however, forestall any such action by the City for the default or breach by
Developer unless:
a.
b.
They are commenced within thirty (30) days after service on Developer
(and on Lender if Lender’s address is directly provided to the City) of the
notice described hereinabove;
They are, after having been commenced, diligently pursued in the
manner required by law to completion; and
7.
c.
Lender keeps and performs all of the terms, covenants and conditions of
this Agreement requiring the payment or expenditure of money by
Developer until the foreclosure proceedings are complete or are
discharged by redemption, satisfaction or payment.
22.
Notice.
Any notice required to be given by the terms of this Agreement
shall be provided by certified mail, return receipt requested, at the address of the
respective parties as specified below or at any other such address as may be later
specified by the parties hereto.
To Developer:
P.O. Box 898
Cypress, CA 90630
To City:
City of Buena Park
Buena Park, California 90620
Attention: Joel W. Rosen, AICP
Director of Community
Development
23.
Attorneys' Fees.
In any proceedings arising from the enforcement of this
Development Agreement or because of an alleged breach or default hereunder, the
prevailing party shall be entitled to recover its costs and reasonable attorneys' fees
incurred during the proceeding as may be fixed within the discretion of the court.
24.
Binding Effect.
This Agreement shall bind, and the benefits and burdens
hereof shall inure to, the respective parties hereto and their legal representatives,
executors, administrators, successors and assigns, wherever the context requires or
admits.
25.
Applicable Law.
This Agreement shall be construed in accordance with and
governed by the laws of the State of California.
26.
Partial Invalidity.
If any provisions of this Agreement shall be deemed to be
invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining
provisions hereof shall not in any way be affected or impaired thereby.
27.
Recordation.
This Agreement shall, at the expense of Developer, be
recorded in the Official Records of the County Recorder of the County of Orange within
ten (10) business days following the Effective Date. Upon the expiration of the terms of
this agreement, upon the request of the Developer, the City will execute and deliver, in
recordable form, an instrument confirming that the provisions of this Agreement have
expired.
8.
IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall
be effective on the effective date set forth hereinabove.
CITY OF BUENA PARK,
a Municipal Corporation
Dated:
By:
Mayor
ATTEST:
Shalice Tilton , City Clerk
City of Buena Park
Approved as to form:
City Attorney
(Owner)
Dated:
By:
9.
}
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
ss.
On
, 2013, before me, _________________________________
______________________________ personally appeared, ____________________
__________________________________________________, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the Instrument the person(s) or entity upon behalf of which
the person(s) acted, executed the Instrument.
WITNESS my hand and official seal.
Signature
}
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
ss.
On
, 2013, before me, _________________________________
______________________________ personally appeared, ____________________
__________________________________________________, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the Instrument the person(s) or entity upon behalf of which
the person(s) acted, executed the Instrument.
WITNESS my hand and official seal.
Signature
S/DA08001
10.
EXHIBIT “A”
LEGAL DESCRIPTION FOR DEVELOPMENT AGREEMENT NO. DA13-002
CITY OF BUENA PARK
All that certain real property situated in the County of Orange, State of California, described as follows:
The East 255.48 feet of the North 180.50 feet of the Southeast Quarter of the Southeast Quarter of
Section 10, Township 4 South, Ranch 11 West, San Bernardino Base and Meridian, County of Orange,
State of California.
Except the North 10 feet thereof.
Assessor's Parcel Number: 069-130-40
The North 10 feet of the East 726.80 feet of the North of the North half of the Southeast quarter of the
Southeast Quarter of Section 10, Township 4 South, Ranch 11 West, in the Rancho Los Coyotes, in
the City of Buena Park, County of Orange, State of California, as shown on a Map recorded in Book
51, page 11 of Miscellaneous Maps, Records of Orange County, California.
Except therefrom the Westerly 471.32 feet thereof.
APN: 069-130-51
11.
EXHIBIT “B”
DEVELOPMENT PLANS
12.
EXHIBIT “C”
CONDITIONS OF APPROVAL
13.
EXHIBIT “C”
CONDITIONS OF APPROVAL
FIRE AUTHORITY:
The applicant or responsible party shall submit the plan(s) listed below to the Orange
County Fire Authority for review. Approval shall be obtained on each plan prior to the
event specified.
Prior to issuance of a building permit:
• Architectural plan (Service Code PR204), for bars/restaurants with 50+ occupants
• Underground piping for fire sprinkler systems (Service Code PR470)
• Fire sprinkler system (Service Code PR420 or PR425)
Prior to concealing interior construction:
• Sprinkler monitoring system (Service Code PR500)
Specific submittal requirements may vary from those listed above depending on actual
project conditions identified or present during design development, review, construction,
inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other
information related to plans reviewed by the OCFA may be found by visiting
www.ocfa.org and clicking on “Fire Prevention” and then “Planning & Development
Services.”
Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final
certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of
the OCFA inspector and be in substantial compliance with codes and standards
applicable to the project and commensurate with the type of occupancy (temporary or
final) requested. Inspections shall be scheduled at least two days in advance by calling
OCFA Inspection Scheduling at 714-573-6150.
PUBLIC WORKS:
1.
If the developer purchases a parcel (APN 069-13-51), then it shall be merged
with a parcel (APN 069-13-40) in accordance with the City Code and Subdivision
Map Act. Plat map and legal description shall be prepared by registered civil
engineer or licensed surveyor. All cost associated with preparation of these
documents and County recording shall be responsible by applicant.
2.
The following plans and/or information shall be prepared and submitted in
accordance with City standards:
a.
b.
c.
Grading/Utility Plan
Erosion Control Plan
Preliminary and Final Water Quality Management Plans
3.
All existing public facilities in conflict with new improvements shall be relocated at
no cost to the City. Property owner shall dedicate, or cause to be dedicated all
easements needed to accommodate the relocation, modification or installation of
facilities to be maintained by the City or any public utility company.
4.
The project site must be graded as not to adversely impact the adjacent
properties.
An Engineering Grading Certification shall be submitted to
Engineering Division when grading is complete. The Certification form shall be
obtained from the Engineering Services Division. The project RCE/geotechnical
engineer shall initiate and prepare the certification, duly signed, wet stamped with
date of expiration of registration.
5.
New public improvements to include the following:
A. Remove two existing driveway approaches along the Knott Avenue frontage
and replace with full-height curb, gutter, and sidewalk to match existing
improvements. Construct a new 25-feet wide curb return type driveway
approach along the Knott Avenue frontage per City Std. 213 to align with the
proposed driveway aisle.
B. Remove two existing driveway approaches along the Younger Drive frontage
and replace with full-height curb, gutter, and sidewalk to match existing
improvements. Construct a new 25-feet wide curb return type driveway
approach along the Younger Avenue frontage per City Std. 213 to align with
the proposed driveway aisle.
6.
Prior to issuance of grading or building permits, permit applicant shall submit for
approval by the City Engineer, a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMP’s) that will be used on
site to control predictable pollutant run-off. Applicant shall record the approved
WQMP with the Orange County Clerk-Recorder at the cost of the applicant, and
provide the City with a conformed copy of the recorded WQMP.
This WQMP shall identify the: structural and non-structural measures specified in
Appendix G, as available at the Engineering Services Division, detailing
implementation of BMP’s whenever they are applicable to the project (when the
project has a below grade loading dock, for example); the assignment of longterm maintenance responsibilities (specifying the developer, parcel owner,
maintenance association, lessee, etc.); and, shall reference the location(s) of
structural BMP’s.
7.
All utility connections, street improvements, and any other work performed in the
public right-of-way will require a traffic control plan prepared per the City of
Buena Park Public Works Department requirements. The cost of the design and
implementation of the traffic control plans shall be borne by the project
proponent.
2.
8.
A traffic impact fee is required and must be paid per City of Buena Park
Resolution No. 9726. The traffic impact fee must be paid prior to occupancy of
the building.
9.
Any proposed utility connection shall be made to the City water and sewer
systems in accordance with the City Code, standards and applicable federal,
state and county regulations. Sewer fees are based on Orange County Sewer
requirements. Any proposed sewer lateral shall be minimum six (6) inch to
service the development.
10.
Applicant shall pay a sewer connection fee per the latest ordinance of the
Orange County Sanitation District prior to occupancy of the building.
11.
Backflow and cross connection control devices shall be installed in accordance
with the City Code. Fire protection plans shall be approved by the Orange
County Fire Authority and the City Engineer. The service shall be owned and
maintained by the applicant.
12.
All trash collection services needed during construction or after project
completion shall be obtained from the City’s authorized provider.
13.
All fees, deposits and bonds associated with improvements required by the
Public Works Department shall be paid prior to the issuance of permits for
construction.
14.
Before exercising any right or performing any obligation pursuant to any permit
issued by the Public Works Department, the developer/contractor shall file with
the City required insurance certificates.
15.
Prior to final release of the project by the Public Works Department, or the refund
of any cash deposits, the developer/contractor shall provide the City with a
warranty bond to be held by the City for the period of one (1) year, for all public
facilities and improvements.
16.
Prior to grant of occupancy by the City or commencement of the approved use,
these conditions and all improvements required by the Public Works
Department shall be completed to the satisfaction of the City Engineer.
BUILDING DIVISION:
1.
The project shall comply with California Title 24 Accessibility requirements.
2.
The project shall comply with Buena Park Municipal Code Title 15, California
Building Codes.
3.
The project shall be fully sprinklered as required by the California Codes.
4.
The applicant shall complete the City of Buena Park’s Construction Site NPDES
Certification Form prior to issuance of building and grading permits.
3.
5.
The applicant shall provide structural engineer calculations and design on
second story.
6.
All portions of the second story shall maintain a minimum 12 ft. setback from any
overhead power lines.
PLANNING DIVISION:
1.
This approval shall be for the construction of a new 6,979 sq. ft. commercial
center with associated 1,605 sq. ft. private second story administrative office as
well as creating the mechanism to potentially relocate an existing legal nonconforming bar/lounge to be approved separately. The proposal to establish a
new 2,542 sq. ft. convenience store with the sale of beer and wine for off-site
consumption within the center shall be processed through Conditional Use
Permit No. CU13-010. The proposal to establish a new 2,309 sq. ft. bar/lounge
with entertainment as well as on-site sale and consumption of beer, wine, and
distilled spirits with 1,605 sq. ft. second floor private office shall be processed
through Conditional Use Permit No. CU13-010. All plans and approvals shall be
in substantial compliance with Development and Business Plans stamped
“RECEIVED JUN 10 2013 PLNG. DIV.,” and as conditioned herein.
2.
The property owner / applicant is required to either purchase the City owned
property or secure a long term lease agreement prior to issuance of building
permits.
3.
The following architectural amenities shall be included on the enhanced building
in substantial compliance with plans stamped “RECEIVED JUN 10 2013 PLNG.
DIV.” and as conditioned herein, with details and specifications to be provided on
plans submitted for plan check:
4.
a.
Multi-dimensional decorative stucco banding and cornice treatments
along all parapet walls.
b.
Offsetting color blocking with decorative minimum 1 inch reveals.
c.
Decorative ceramic accent tiles.
d.
Stucco window trim and molding on all second floor windows.
e.
New arched storefront windows with 6” decorative trim on all elevations.
f.
Dimensional arched molding and a decorative wood trellis
Permitted site uses shall be limited to those uses permitted within the CS
(Community Shopping) zone. Relocation of the existing legal non-conforming
TomKat bar/lounge with on-site sale and consumption of beer, wine, and distilled
spirits shall be processed under Conditional Use Permit No. CU13-011.
4.
5.
compliance with the conditions of approval of Conditional Use Permit No. 13-011
shall be submitted to the Planning Commission. If conditions of approval
violations are found or there are an unusually high number of calls for Police
service, a noticed public hearing will be scheduled with the Planning Commission
to determine if additional or modified conditions are necessary to maintain the
public health, safety and welfare.
6.
No signs or displays advertising beer and wine shall be permitted on the exterior
of the building.
7.
All signs shall conform to the Zoning Code of the City and require separate
approval. The existing pole sign shall be removed.
8.
All parking areas and driveways shall be paved and striped to include 51 parking
stalls as shown on the approved plan, as conditioned, in compliance with Section
19.536.060 of the Zoning Ordinance. All parking areas serving commercial uses
shall be striped with white double lines separating stalls, with minimum 4-in. wide
stripes and a minimum 8-in. separation. Installation of speed bumps shall not be
permitted within required fire lanes, access drives, or driveways of the project.
The parking lot shall be surfaced so as to provide a consistent and even driving
surface. All landscaped areas shall be separated from adjacent vehicular areas
by a portland cement concrete (p.c.c.) curb a minimum of 6 inches in height, or
by p.c.c. or masonry walkway. It shall be the responsibility of the developer to
submit to the Public Works Department such plans as are necessary to ensure
the installation of curbs or walls do not detrimentally affect drainage.
9.
The applicant shall demonstrate that proposed building materials, and other
architectural/site features are rated for appropriate durability and longevity. In
the event that said rating cannot be obtained, alternate materials shall be used
under the direction of the Planning Division.
10.
Landscaping as approved and provided with an automatic and permanent
sprinkler system shall be considered a part of this plan and shall be installed and
maintained as a condition of this Agreement.
11.
Plans submitted for plan check shall illustrate new landscape on the subject
property to include a combination of trees (min. 24 in. box), turf, shrubs (min. 5
gal.) and flowering ground cover, generally consistent with plans stamped
“RECEIVED JUN 10 2013 PLNG. DIV.” and as conditioned. In addition, the
following landscaping shall be provided prior to completion of the project and
operation of any uses:
•
The landscape setback along Knott Avenue and Younger Drive shall
include new sod, ground cover, foundation shrubs (5 gal. min.) and a
minimum of four (4) 24 in. box (min.) trees
•
The landscape planters along the north and west property lines adjacent
to the residential properties shall provide mature landscape, including 36
5.
in. box size trees and shrubs for aesthetics, privacy, and sound reduction
with the maximum separation of 10 ft.. The planters shall also include
shrubs (min. 5 gal.) and flowering ground cover, to eliminate gaps or bare
spots.
•
Landscape along Knott Avenue and Younger Drive shall be installed
adjacent to open parking areas to screen parking from view. Landscape
screening shall be a min. of 2.5 ft. tall and include hedges, shrubs and
trees.
•
Adequate automatic irrigation shall be demonstrated or provided as a
condition of use and shall be continuously maintained.
All landscaping shall be continuously maintained in a healthy growing condition.
12.
The landscape area adjacent to the corner of Knott Avenue and Younger Drive
shall maintain a decorative focal point treatment including enhanced specimensize landscape. Exact location and design of said enhanced landscape
treatment shall be incorporated into the landscape design and reviewed and
approved by the Planning Division as part of landscape plan review and
approval. The enhanced landscape treatment shall include such decorative
elements as accent walls, boulders, pergolas, or equivalent features and
materials.
13.
enclosures. Such structures shall be designed in coordination with the
architectural design of the building including materials and coloration. The final
design and placement shall be subject to review and approval by the Planning
Division, Building Division, and Fire Department.
14.
Employees of the proposed multi-tenant building shall park in the provided
parking spaces behind the building. No employees or customers shall park offsite or in the surrounding residential neighborhood.
15.
Decorative continuous pour concrete cement paving treatment, including integral
color and surface texture, or decorative pavers shall be provided within each
driveway along Knott Avenue and Younger Drive subject to final approval of
specific locations and type of enriched design by the Planning Division before
permits are issued.
16.
A new 6 inch wide wall of ornamental masonry block, a minimum of 6 ft. high,
measured from the highest finished grade, except where it projects into the
required front yard where the maximum height shall be 2 ft., shall be constructed
and maintained along the entire north and west property lines, in accordance with
the structural design approved by the Building Division. The new block wall shall
include decorative wall cap. Standard grey or pink block shall not be considered
as ornamental masonry. No block wall construction shall occur until a grading
plan has been approved by the Public Works Department if required. Double
walls shall be precluded if possible, and if
not possible, the gap between all double walls shall be sealed to the satisfaction
of the City.
6.
17.
18.
electrical equipment plan which is prepared by the Southern California Edison
Company shall be reviewed and approved by the City Planning Division prior to
19
No new roof-mounted mechanical equipment shall be permitted. The installation
and screening of air conditioning and similar equipment shall comply with existing
design criteria and Section 19.340.020 of the City Code.
20.
The equivalent of one (1) foot candle minimum of illumination shall be provided
throughout the parking area. All luminaries and lit signs shall be designed,
shielded, or aimed in such a manner to avoid producing glare upon adjacent
properties, rights-of-way, walkways, and streets. Lighting shall comply with
ordinance requirements, including functional and aesthetic standards. Required
lighting levels and fixture design shall be approved by the Planning Division
before permits are issued.
21.
All storage shall be within the building. All trash and debris shall be removed
from the site prior to completion of the project.
22.
Each business shall obtain a business license as required by the Buena Park
City Code prior to establishment of the use(s).
23.
The use authorized by this Development Agreement shall be commenced or
of the Effective Date and thereafter diligently advanced until completion of the
project.
24.
subject property. Any appreciable modification shall require modification of the
approved development agreement.
7.
25.
This Development Agreement may be revoked for any violation or
noncompliance with any of these conditions in accordance with provisions set
forth in the Development Agreement.
26.
Prior to final inspection, these conditions and all improvements shall be
completed to the satisfaction of the City.
27.
If any legal action or other proceeding is instituted by a third party or parties,
other governmental entity or official challenging the validity of any provision of
this Development Agreement, Owner and City shall cooperate in defending any
such action. City shall notify Owner of any such legal action against City within
ten (10) working days after City receives service of process, except for any
petition for injunctive relief, in which case City shall notify Owner immediately
upon receipt of notice thereof. Owner shall indemnify, hold harmless and defend
City, and any of its officers, employees or agents for any claim or lawsuit brought
to challenge the validity or enforcement of this Development Agreement,
instituted by a third party or another governmental entity or official; provided,
however, that if City fails promptly to notify Owner of any legal action against
City, or if City fails to cooperate in the defense, Owner shall not thereafter be
responsible for City's defense. Owner shall reimburse all of City's defense costs
including, without limitation, court costs, attorneys' fees, and expert witness fees.
Owner shall promptly pay all monetary awards, judgments, verdicts, court costs,
and attorneys' fees that may be awarded in such action. City shall be entitled to
select counsel to conduct its defense in any such action; provided, however, that
City shall instruct such counsel to cooperate with Owner as provided herein.
8.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK APPROVING THAT DOCUMENT ENTITLED “DEVELOPMENT
AGREEMENT NO. DA13-002 CONCERNING THE CONSTRUCTION OF
AN APPROXIMATELY 8,584 SQ. FT. NEW COMMERCIAL CENTER
AND SITE IMPROVEMENTS AND THE RELOCATION OF AN
EXISTING LEGAL NON-CONFORMING BAR/LOUNGE WITH SALE OF
BEER, WINE, AND DISTILLED SPIRITS FOR ON-SITE CONSUMPTION
TO BE APPROVED UNDER A SEPARATE CONDITIONAL USE
PERMIT ON PROPERTIES GENERALLY LOCATED AT 8761 KNOTT
AVENUE (APN: 069-130-40 & 51), BUENA PARK, CALIFORNIA AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
SAME ON BEHALF OF THE CITY OF BUENA PARK.
A.
Recitals.
(i)
part, as follows:
California Government Code § 65864 now provides, in pertinent
“The Legislature finds and declares that:
“(a)
The lack of certainty in the approval of development projects can
result in a waste of resources, escalate the cost of housing and other
development to the consumer, and discourage investment in and commitment to
comprehensive planning which would make maximum efficient utilization of
resources at the least economic cost to the public.
“(b)
Assurance to the applicant for a development project that upon
approval of the project, the applicant may proceed with the project in accordance
with existing policies, rules and regulations, and subject to conditions of
approval, will strengthen the public planning process, encourage private
participation in comprehensive planning, and reduce the economic costs of
development.”
as follows:
(ii)
California Government Code § 65865 provides, in pertinent part,
“Any City . . . , may enter into a development agreement with any person
having a legal or equitable interest in real property for the development of such
property as provided in this article. . . .”
iii)
California Government Code § 65865.2 provides as follows:
“A development agreement shall specify the duration of the agreement,
the permitted uses of the property, the density or intensity of use, the maximum height
and size of proposed buildings, and provision for reservation or dedication of land for
Ordinance No.
Page 2
public purposes.
The development agreement may include conditions, terms,
restrictions and requirements for subsequent discretionary actions, provided that such
conditions, terms, restrictions and requirements for subsequent discretionary actions
shall not prevent development of the land for the uses and to the density or intensity of
development set forth in the agreement. . . .”
(iv)
Attached to this Ordinance, marked Exhibit “1” and incorporated
herein by reference, is a proposed Development Agreement No. DA13-002, concerning
that properties generally located at 8761 Knott Avenue (APN: 069-130-40 & 51) in the
City of Buena Park, and as legally described within the attached Exhibit “A”. Hereinafter
in this Ordinance, that agreement attached hereto as Exhibit “1” is referred to as “the
Development Agreement.”
(v)
On July 24, 2013, the Planning Commission of the City of Buena
Park conducted a duly noticed Public Hearing to consider Development Agreement No.
DA13-002 concerning the construction of an approximately 8,584 sq. ft. new commercial
center and site improvements and the relocation of an existing legal non-conforming
bar/lounge with sale of beer, wine, and distilled spirits for on-site consumption as well as
site improvements to include parking, circulation, access, and landscaping as well as
approval of a 2,542 sq. ft. convenience store with sale of beer and wine for off-site
consumption considered through Conditional Use Permit No. CU13-010, and a 2,309
sq. ft. bar/lounge with on-site sale and consumption of beer, wine, and distilled spirits
with 1,605 sq. ft. second floor private office considered through Conditional Use Permit
No. CU13-011 generally located at 8761 Knott Avenue (APN: 069-130-40 & 51) and
making the findings in support thereof.
(vi)
The Planning Commission has reviewed and considered all
elements of the proposed Development Agreement No. DA13-002 and concluded its
public hearing prior to adoption of its Resolution No. ______ recommending approval
and adoption by the City Council.
(vii)
This Council has heretofore conducted a duly noticed public
hearing concerning the potential adoption of the Development Agreement and said
public hearing was concluded prior to the adoption of this Ordinance
(viii)
have occurred.
B.
All legal prerequisites to the adoption of Resolution No. ______
Ordinance.
NOW, THEREFORE, the City Council of the City of Buena Park does ordain as
follows:
Section 1.
This Council hereby specifically finds that all the facts set forth in
the Recitals, Part A, of Resolution No. ______ are true and correct.
Section 2.
The City Council has determined that this project is exempt from
the provisions of the California Environmental Quality Act, pursuant to § 15332 of the
CEQA Guidelines.
Ordinance No.
Page 3
Section 3.
This Council specifically finds:
a.
The location, design, and proposed uses set forth in the
Development Agreement will be compatible with the existing and anticipated
development in the vicinity. The proposed operations of the specified uses to be
approved separately under Conditional Use Permit CU13-010 and CU13-011, will be
consistent with the General Plan. The building and site improvements will be
appropriately designed for the property while providing protection to adjacent residents.
Adequate site and building design as well as parking and circulation will be provided.
b.
The Development Agreement will produce an environment
of stable and desirable character, will not cause traffic congestion on the surrounding
streets, and will promote enhanced vehicle access/egress and on-site circulation as well
as improved pedestrian access. The proposed uses and intensity are consistent with
other commercial uses in the vicinity and adequate street access and traffic capacity will
be available to serve the proposed businesses as well as existing and anticipated
development in the surrounding area
c.
The proposed project and improvements will enhance site
and area aesthetics, consistent with the land uses in the zone and will enhance site
utility in order to protect the public’s health, safety and welfare.
d.
The Development Agreement will conform to the City of
Buena Park’s General Plan. The proposal will promote the maximum efficient utilization
of the site. The proposed building and site are adequate in size, shape, topography,
location, utilities and other factors, to accommodate the proposed new specified uses, to
be approved separately under Conditional Use Permit CU13-010 and CU13-011, as
conditioned. The proposal will not create uses inconsistent with the area uses due to
required specifications and operating conditions, as well as site and building design
improvements.
Section 4.
It is expressly found that the public necessity, general welfare and
good zoning practice require approval of Development Agreement No. DA13-002.
Section 5.
This Council hereby adopts Development Agreement No. DA13002, attached hereto as Exhibit “1”.
Section 6.
This Council hereby authorizes and directs the Mayor and City
Clerk to execute the Development Agreement No. DA13-002 on behalf of the City of
Buena Park forthwith upon adoption of this Ordinance.
Section 7.
Notwithstanding any other provision hereof, if Encore Property
Group, LLC, by and through its authorized officer(s), fails to record said Development
Agreement No. DA13-002 within ten days after the effective date thereof, this Ordinance
shall become null and void and of no further force and effect and said Development
Agreement No. DA13-002 shall thereafter be deemed, for all purposes, to have been
denied.
Section 8.
The City Clerk shall certify to the passage of this Ordinance and
shall cause the same to be published in the manner required by law.
Ordinance No.
Page 4
PASSED AND ADOPTED this ____ day of August, 2013 by the following called vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
I, Shalice Tilton, City Clerk of the City of Buena Park, do hereby certify that the
foregoing Ordinance was approved at a regular meeting of the Council of the City of
Buena Park held on the ___ day of August, 2013.
CITY CLERK
ORDA13-002
8761 Knott Avenue
Buena Park, CA
APN: 069-130-40
Existing Conditions
8761 Knott Avenue
Buena Park, CA
APN: 069-130-40
Proposed Conditions
8761 Knott Avenue
Buena Park, CA
APN: 069-130-40
Existing Conditions: North Elevation
Proposed Conditions: North Elevation
8761 Knott Avenue
Buena Park, CA
APN: 069-130-40
Existing Conditions: South Elevation (Younger Drive)
Proposed Conditions: South Elevation (Younger Drive)
8761 Knott Avenue
Buena Park, CA
APN: 069-130-40
Existing Conditions: East Elevation (Knott Avenue)
Proposed Conditions: East Elevation (Knott Avenue)
8761 Knott Avenue
Buena Park, CA
APN: 069-130-40
Existing Conditions: West Elevation
Proposed Conditions: West Elevation
May 8, 2012
City Council Minutes
3.
Page 244
PROPOSAL TO DEMOLISH THE EXISTING DAIRY /CAR WASH AT 8761 KNOTT
AVENUE AND DEVELOP A NEW COMMERCIAL CENTER
Staff report by Jennifer Wallis, Assistant Planner
Ms. Wallis presented a proposal to demolish the existing dairy and car wash at 8761 Knott
Avenue and develop a 9, 000 sq. ft. shopping center. The developer has indicated that the
feasibility of the project is contingent on the relocation of the existing Tom Kat Lounge into the
new shopping center. The Tom Kat Lounge is presently located directly across the street, and it
is a non -conforming because the lounge existed prior to the City's zoning requirements. As it
presently operates, the lounge is not required to sale food, and there are no conditions or
restrictions as would be required under the existing code. The proposal would allow the lounge
to continue to operate without food sales under a development agreement, but certain
conditions and restrictions would be imposed such as improved visibility and operating hours.
Such a proposal would require approval from the Planning Commission.
Following discussion, the majority of the City Council approved the concept of the development
as presented. Council Member Berry and Council Member Oh dissented, with Council Member
Oh stating that if the lounge were relocated it must conform to existing zoning requirements.
CLOSED SESSION ( 4 - 8) ( Adjourn to Conference Room)
Mayor Dow stated the need for closed session as scheduled and ordered the meeting into
closed session.
4.
PUBLIC EMPLOYEE DISCIPLINE /DISMISSAL /RELEASE
Pursuant to Government Code Section 54957.
Title:
Represented employee of the Buena Park City Employees Association
Personnel Board proceedings regarding this matter concluded on April 23, 2012.
At the request of the represented employee' s legal counsel, this item was removed from the
agenda and rescheduled for June 12.
5.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Gov. Code Section 54956. 8
Property: 10051 Bernadette Avenue
Negotiating Parties: Joel W. Rosen and Barry Blade
Under Negotiation: Price and Terms
Direction given to staff.
6.
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Rick Warsinski, City Manager
Employee Organization:
Buena Park Police Association, Buena Park Police
Management Association, Buena Park City Employees Association, Technical Office
Professional Association, and Buena Park Management
No report.
7.
PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: City Manager
No report.
8.
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Rick Warsinski, City Manager
Agency Negotiator: Mayor Dow and Mayor Pro Tern Swift
Unrepresented Employee: Prospective City Manager
No report.
TIMOTHY S. RACISZ
PROJECT DATA
Architect
Property Description
2632 WEST 237th ST., SUITE 201
TORRANCE, CA. 90505
310-325-6607
310-539-1788
Property Address/APN
8761 Knott Avenue, Buena Park, CA
APN: 069-13-40
Uses/Floor Areas
First Floor
50'-0"
Proposed 10' Wide
Landscape Buffer
EXISTING 1-STORY
SINGLE FAMILY
RESIDENCES
ZONE RS-6
205.48'
PROPERTY LINE
2,542 SF GFA
Retail - Laundry
Bar
Stair
Electrical
2,128 SF GFA
2,309 SF GFA
105 SF GFA
104 SF GFA
7,188 SF GFA
EXST. POWER POLE
Total
10' EASEMENT
Private Office for Bar Operator
1,605 SF GFA
Mechanical
Stair & Hall
227 SF GFA
228 SF GFA
2'-4"
36'-0"
Private Office
EXST. STREET LIGHT
2,542 SF GFA
20'-0"
39'-0"
Retail - Convenience store (5/1000)
12.71 Spaces
Retail - Laundry (5/1000)
Bar (10/1,000)
Office (4/1,000)
Total Required Parking
10.64 Spaces
23.09 Spaces
6.42 Spaces
52.86 Spaces
Standard (9'x19')
36 Spaces
Accessible (9'19')
Compact (8'X16')
TOTAL
3 Spaces
6%
14 Spaces 26%
53 Spaces 100%
EXISTING SHOPPING
ZONE CS
Monroe Ave.
Type of conctruction
V-A, Fire Sprinklered
Occupancy/Occupant Load
First Floor
Convenience store
M/81 Occupants
Laundry
Bar
B/22 Occupants
A-2/150
Offices
B/23 Occupants
LANSCAPING
EXST. CURB RAMP
EXST. STREET LIGHT
EXST. POWER POLE &
SERVICE CONNECTION,
NEW SERVICE TO BE
UNDERGROUND
Zoning
EXISTING SHOPPING
ZONE CS
25'-0"
25'-0"
68%
Building Code Information
EXISTING 5' SIDEWALK
EXST. POWER POLE
9,248 SF GFA
Second Floor
EXST. FIRE HYDRANT
25'-0"
Total Building Area
Parking Required
EXST. TRAFFIC SIGNAL LIGHT
EXST. POWER POLE
4'-0"
20'-0"
24'-0"
24'-0"
20'-0"
6'-0"
2,060 SF GFA
Parking Analysis
1'-8"
1,605 SF GFA
EXST. CURB RAMP
Total
KNOTT AVENUE
BUENA PARK, CA 90620
Parking Provided
LANSCAPING
EXISTING 8' SIDEWALK
35'-0"
2,128 SF GFA
112'-0"
68'-0"
64'-0"
61'-6"
73'-6"
68'-0"
65'-6"
2,309 SF GFA
RETAIL
7Eleven
65'-6"
RETAIL
Laundry
BAR
Walkway
8 Spaces
EXISTING 2-STORY
APARTMENT BUILDING
ZONE RM - 20
10'-0"
14 Cmpt. Spaces
161'
Proposed 10' Wide
Landscape Buffer
Knott Avenue
80'-0"
20'-0"
11'-0"
Parking Light Standard
15' High (Typ. of 5)
25'-0"
CMU Trash Enclosure
W/Roll-Up Door
Loading Space
12' x 20'
PROPOSED
SHOPPING CENTER
Second Floor
10'-0"
A
A4
Retail - Convenience store
Current/Proposed Zoning
CS
Commercial Shopping
Younger Drive
PLOT PLAN
DRAWING INDEX
ARCHITECTURAL
EXISTING SHOPPING
ZONE CS
A1
A2
A3
A4
PLOT PLAN/PROJECT INFORMATION
LOWER FLOOR/SITE PLAN
UPPER FLOOR PLAN
ROOF PLAN, TRASH ENCLOSURE
L1
LANDSCAPE PLAN
JUNE 18, 2013
Plot Plan
JOB NO.:T1274
SHEET NUMBER
SCALE: 1/16"=1'-0"
SHEET
A1
OF
LANDSCAPING
TIMOTHY S. RACISZ
8'-0"
19'-0"
TORRANCE, CA. 90505
310-325-6607
310-539-1788
7'-0"
TRASH
10'-0"
9'-4"
Architect
A
A4
LOADING
9'-0"
(TYP.)
0"
PROPOSED
SHOPPING CENTER
'-
20
'-
25'-0"
12
0"
7'-6"
112'-0"
36'-0"
1'-0"
20'-0"
36'-0"
40'-0"
35'-0"
31'-4"
7'-8"
1'-0"
19'-0"
17'-0"
KNOTT AVENUE
CURB
RAMP
WALKWAY
WALKWAY
7'-8"
CASHIER
OFFICE
COOLERS
CASH MACHINES
WASHERS
9'-0"
(TYP.)
8'-0"
(TYP.)
LANDSCAPING
POOL TABLES
LAUNDRY
BAR
CURB
RAMP
OFFICE
FOLD
16'-0"
9'-0"
2'-4"
1'-0"
2'-4"
WALKWAY
19'-0"
8'-0"
1'-0"
10'-0"
5'-0"
9'-0"
CONVENIENCE STORE
BAR
WASHERS
DJ
DANCE FLOOR
67'-0"
55'-4"
7'-6"
LANDSCAPING
17'-0"
DRYERS
25'-0"
62'-0"
14'-0"
WOMEN
WOMEN
OFFICE
COOLER
DRYERS
TOILET
1'-8"
1'-8"
4'-0"
CURB
RAMP
4'-6"
LOWER FLOOR/SITE
PLAN
15'-6"
35'-0"
20'-0"
WALKWAY
24'-0"
NEW ELECTRIC
TRANSFORMER ON
CONCRETE SLAB
MONUMENT
SIGN
OFFICE
MEN
1'-0"
MEN
BACKROOM
ELECT.
1'-0"
CURB
RAMP
FOLD
20'-0"
10'-0"
68'-0"
WASHERS
36'-0"
39'-0"
1'-0"
20'-0"
LANDSCAPING
JUNE 18, 2013
JOB NO.:T1274
Lower Floor/Site Plan
SCALE: 1/8"=1'-0"
SHEET NUMBER
SHEET
A2
OF
TIMOTHY S. RACISZ
Architect
TORRANCE, CA. 90505
310-325-6607
310-539-1788
PROPOSED
SHOPPING CENTER
49'-6"
1'-0"
KNOTT AVENUE
PRIVATE OFFICES
UTILITY
ROOF
MECHANICAL
1'-0"
16'-6"
ROOF
UPPER FLOOR PLAN
13'-4"
21'-8"
35'-0"
JUNE 18, 2013
Upper Floor Plan
JOB NO.:T1274
SHEET NUMBER
SCALE: 1/8"=1'-0"
SHEET
A3
OF
TIMOTHY S. RACISZ
DUMPSTER LOCATION
9'-4"
Architect
TORRANCE, CA. 90505
310-325-6607
310-539-1788
3X8 WOOD TRELLIS
STUCCO FINISH CMU
WALL
CONCRETE SLAB
PAINTED GALVI. METAL
ROLL-UP DOOR
PROPOSED
SHOPPING CENTER
8'-0"
FLOOR PLAN
SCALE: 1/4"=1'-0"
3X8 WOOD TRELLIS
6'-0"
PAINTED GALVI.
METAL ROLL-UP
DOOR
KNOTT AVENUE
STUCCO FINISH
C.M.U.
SIDE ELEVATION
FRONT ELEVATION
SCALE: 1/4"=1'-0"
SCALE: 1/4"=1'-0"
A Trash Enclosure
SCALE: 1/4"=1'-0"
ROOF PLAN
TRASH ENCLOSURE
JUNE 18, 2013
Roof Plan
JOB NO.:T1274
SHEET NUMBER
SCALE: 1/8"=1'-0"
SHEET
A4
OF
TIMOTHY S. RACISZ
Architect
TORRANCE, CA. 90505
310-325-6607
310-539-1788
4
2
1
12
9
4
4
5
9
1
12
Laundromat
8
12
PROPOSED
SHOPPING CENTER
1
3
5
11
10
3
5
5
KNOTT AVENUE
North Elevation
14'-0"
9'-0"
SCALE: 1/8"=1'-0"
West Elevation
East (Knott Avenue) Elevation
SCALE: 1/8"=1'-0"
SCALE: 1/8"=1'-0"
4
4
2
4
3
9
9'-0"
1
EXTERIOR MATERIALS & COLORS
8
23'-0"
4
13'-8"
1
1
11
26'-0"
1
8
14'-0"
30'-0"
4
2
3
4
5
3
6
7
4
7
4
6
1
6
South (Younger Drive) Elevation
SCALE: 1/8"=1'-0"
8
9
10
11
12
SAND TEXTURE STUCCO
PAINT FINISH - TAUPE (TAN)
SAND TEXTURE STUCCO
PAINT FINISH - MOCHA (MEDIUM BROWN)
SAND TEXTURE STUCCO
PAINT FINISH - OAT MEAL (MEDIUM BROWN)
STUCCO O/ FOAM CORNICE AND TRIM
ACCENT COLOR - SEPIA (DEEP BROWN)
ALUMINUM STOREFRONT WINDOWS
BRONZE ALUMINUM FINISH
METAL DOOR AND FRAME
PAINT FINISH TO MATCH ADJACENT SURFACE
WOOD TRELLIS
ACCENT COLOR - DEEP BROWN
GALVI. REVEAL
PAINT FINISH TO MATCH ADJACENT SURFACE
CERAMIC TILE ACCENT
DEEP GREEN
METAL AWNING
PAINT FINISH - MEDIUM GREEN
EXTERIOR LIGHT FIXTURE
BRONZE ALUMINUM FINISH
ILLUMINATED SIGNAGE
ELEVATIONS
JUNE 18, 2013
JOB NO.:T1274
SHEET NUMBER
SHEET
A5
OF
Knott Avenue
Younger Drive
Monroe Avenue
City of Buena Park
Planning Commission
July 24, 2013
DA13-002,
CU13-010 & CU13-011
Project Vicinity Map
STAFF REPORT
Planning
Commission
REPORT
REPORT
REPORT
AGENDA ITEM NUMBER:
4
MEETING DATE:
July 24, 2013
CASE NUMBER:
General Plan Amendment No. GP13-001
TITLE:
Public Hearing: 2013-2021 Draft Housing Element
Update
RECOMMENDATION:
Staff recommends that Planning Commission conduct a public hearing regarding the Draft
2013-2021 Housing Element update to the City of Buena Park General Plan receive comments
regarding policy issues and approve submittal to the State of California Department of Housing
and Community Development (HCD).
Discussion:
State law requires that each jurisdiction adopt a comprehensive General Plan to guide longterm city planning, including physical development and allocation of resources, to establish
community priorities and guide decision-making. The General Plan was comprehensively
updated in 2010 to achieve a contemporary overall vision and direction including programs,
actions, procedures, and policies to define the community growth and image until 2035. The
General Plan must consist of at least seven elements or topic areas, including the Housing
Element, and is the City’s statement of guiding values, principles, goals, and policies. As
required by State law, the Housing Element of the General Plan contains policies and programs
to provide housing opportunities for all income levels in the City. The State requires periodic
City review and update with State Housing and Community Development Department (HCD)
certification of the Housing Element update to demonstrate continued development capacity
within the City to attain affordable housing goals, as defined by HCD.
The current Housing Element covers the period of July 2008 to June 2014, and was prepared
with the assistance of Veronica Tam and Associates. The City has again retained Veronica
Tam and Associates to assist in preparing our revised Housing Element update. The final
updated Housing Element will be for the period of 2014 to 2021, and is required to be submitted
to the state by October 31, 2013. Periodic update of the Housing Element, including State
certification, is required to ensure that City policies continue to reflect community needs,
challenges, and opportunities in compliance with State law. In addition, eligibility for many State
funding and grant programs requires a State-certified Housing Element. Lack of a Statecertified Housing Element could also subject the City to penalties as a result of legal challenge.
AGENDA ITEM NO. 4
Page 2
If a court finds that the Housing Element does not comply with State law, the court may
suspend City authority to issue building permits or grant zone changes.
As part of the required update, HCD requires each City to demonstrate capacity to meet their
assigned affordable housing obligation, known as the “Regional Housing Needs Allocation”
(RHNA). Based on State law, our Housing Element update is required to designate specific
locations to accommodate our assigned affordable housing obligation for the review period. In
order to address this requirement, the updated Housing Element includes an updated site
inventory list of parcels within the City that demonstrates the City’s capacity to develop sufficient
housing to meet our assigned RHNA goals for 2014 -2021.
As required by State law, the updated Housing Element document must address the following:
1.
Analysis of demographic, employment, and housing trends, including availability,
market conditions, infrastructure, and environmental factors;
2. Identification of fair share development opportunities for affordable housing and for
special needs households;
3. Provision of adequate sites to accommodate the City’s new assigned RHNA share of
the regional affordable housing need, for a total of 339 housing units (76 very low
income units, 53 low income units, 62 moderate income units, and 148 above
moderate income units);
4. Identification of governmental constraints to development, preservation, and
rehabilitation of affordable housing;
5. Inventory of programs and funding resources to address housing goals and
identification of sites suitable for affordable housing development
6. Conservation of current affordable housing;
7. Promotion of equal housing opportunities; and
8. Evaluation of previous Housing Element accomplishments leading to new and revised
housing goals, policies, and programs
This public hearing is a forum for City staff to receive input from the Planning Commission,
residents, and other stakeholders regarding the content of the draft 2013-2021 Housing
Element update. Comments will be considered for integration into the Draft Housing Element
update. Subsequently, the Draft 2013-2021 Housing Element update will be submitted to the
State Department of Housing and Community Development (HCD) for a 60-day review period.
During this time, the proposed Housing Element update will remain available for review and
comments. Once State HCD approval is obtained the Final Housing Element Update will be
presented to the Planning Commission and City Council for adoption with the adopted Final
Housing Element submitted to State HCD for “certification.”
AGENDA ITEM NO. 4
Page 3
Prepared by:
Approved by:
Presented by:
Jennifer Wallis
ATTACHMENT:
Draft Housing Element update
srgp13-001
AGENDA ITEM NO. 4

agenda - Buena Park

Transcription

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