Capelle, Chung, Diep, Gonzales, McGuire, Schoales, and Barstow

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1 AGENDA Planning Commission MEETING DATE AND TIME: MEETING LOCATION: April 9, :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: Capelle, Chung, Diep, Gonzales, McGuire, Schoales, and Barstow PLANNING COMMISSION CONSENT CALENDAR (Item 1) 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. 1. APPROVAL OF MINUTES Meeting of March 26, 2014 RECOMMENDED ACTION: Approve ========================================================================

2 Planning Commission Agenda April 9, 2014 Page 2 OLD BUSINESS: 2. SITE PLAN NO. SP A request to remodel an existing single family residence to include a 217 sq. ft. first floor addition and a 2,207 sq. ft. second floor addition at 8022 San Luis Circle within the RS-6 (Single Family Residential) zone. PROPERTY OWNERS/APPLICANTS: RECOMMENDED ACTION: Muhammed & Rukhsana Memon 8022 San Luis Circle Buena Park, CA Adopt Resolution of Approval PUBLIC HEARING: NEW BUSINESS: 3. CONDITIONAL USE PERMIT NO. CU M1 A request to expand an existing full service restaurant with the sale of beer and wine for on-site consumption located at 5258 Beach Boulevard to include the adjacent suite at 5256 Beach Boulevard in the CS (Commercial Shopping) Zone. PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: P. A. Poon and Son, Inc Beach Boulevard, Suite 103 Huntington Beach, CA JJang Enterprise 5258 Beach Boulevard Buena Park, CA Adopt Resolution of Approval 4. CONDITIONAL USE PERMIT NO. CU10-001M3 A request to relocate an existing billiards hall establishment from 5256 Beach Boulevard to 5252 Beach Boulevard in the CS (Commercial Shopping) Zone. PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: P. A. Poon and Son, Inc Beach Boulevard, Suite 103 Huntington Beach, CA W. Marketing Mardel Drive Cypress, CA Adopt Resolution of Approval

3 Planning Commission Agenda April 9, 2014 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: Development Agreement and Tentative Tract Map for a 128-unit townhome development generally located adjacent to the southeast corner of Orangethorpe and Stanton Avenues at 8062 to 8162 Orangethorpe Avenue and 7052 to 7102 Stanton Avenue STAFF REPORTS: COMMISSION REPORTS: ADJOURNMENT: To the Study Session immediately following this meeting STUDY SESSION ROLL CALL: Capelle, Chung, Diep, Gonzales, McGuire, Schoales, and Barstow TOPIC: Conditioning Land Use Approvals Presented by Craig Fox, Deputy City Attorney ADJOURNMENT: pcag040914

4 Minutes of the Planning Commission Meeting of March 26, 2014 Vol Page No CITY OF BUENA PARK MINUTES OF CITY PLANNING COMMISSION March 26, 2014 The regular meeting of the Planning Commission of the City of Buena Park convened at 7:00 p.m. on March 26, 2014, in the City Council Chamber, 6650 Beach Boulevard, Buena Park, California with Chair Barstow presiding. PRESENT: COMMISSIONERS: Capelle, Chung, Diep, Gonzales, McGuire, Schoales, and Barstow ALSO PRESENT: Jay Saltzberg, Planning Manager Monique Schwartz, Assistant Planner Nabil S. Henein, Assistant City Engineer Craig Fox, Deputy City Attorney Ruth Santos, Senior Administrative Assistant CONSENT CALENDAR: (Item 1) 1. APPROVAL OF MINUTES Meeting of February 26, 2014 Adjourned Meeting of March 12, 2014 RECOMMENDED ACTION: Approve Commissioner Capelle abstained from voting on this item due to her absence from the February 26, 2014 meeting. The MOTION CARRIED. ======================= END OF CONSENT CALENDAR==================== NEW BUSINESS: 2. SITE PLAN NO. SP A request to remodel an existing single family residence to include a 217 sq. ft. first floor addition and a 2,207 sq. ft. second floor addition at 8022 San Luis Circle within the RS-6 (Single Family Residential) zone. PROPERTY OWNERS/APPLICANTS: RECOMMENDED ACTION: Muhammad & Rukhsana Memon 8022 San Luis Circle Buena Park, CA Adopt Resolution of Approval In reply to Chair Barstow, Ms. Santos stated that staff had received no written communication on the item.

5 Minutes of the Planning Commission Meeting of March 26, 2014 Vol Page No The staff report was introduced by Monique Schwartz, Assistant Planner. The subject property is zoned RS-6 (One-Family Residential) and developed with a 1,783 sq. ft. one story, single family residence. Properties to the north, south, east, and west are zoned RS- 6 and developed with single family homes. Staff recommends that the Planning Commission adopt the attached Resolution approving Site Plan No. SP with findings of fact and conditions. The property under application is located on the east side of San Luis Circle, north of San Lorenzo Circle, with a street frontage of 60 ft. and a total land area of 6,000 sq. ft. The property is currently developed with a 1,783 sq. ft. one story, single family residence and an attached 395 sq. ft. two-car garage, including a 450 sq. ft. family room and bathroom addition completed in There is an existing 97 sq. ft. unpermitted laundry room and pantry located on the southeast corner of the residence that will be demolished as part of this project proposal. The submitted application and plans propose the construction of a 217 sq. ft. first floor addition, a 2,207 sq. ft. second floor addition, and a 45 sq. ft. garage addition (living area converted to garage area) to the existing single-family home. The newly designed first floor will include an expanded covered entry, an open living and dining area off an enlarged kitchen, a sitting room, three bedrooms, two bathrooms, a walk-in closet, and a large coat closet. The second floor addition will include a large open family room, a master bedroom with attached bath and walk-in closet, three bedrooms, three bathrooms, and a laundry room. When completed, the house will maintain seven bedrooms, a sitting room, six bathrooms, open kitchen, dining and living room, and family room for a new habitable area of 4,093 sq. ft. The existing 395 sq. ft. attached two car garage will be expanded by 45 sq. ft. (living area converted to garage area) to 440 sq. ft., as required by Code regulations. The plans also include a 98 sq. ft. second floor open balcony on the northwest corner, and a 60 sq. ft. second floor open balcony on the northeast corner of the residence. In addition, three second floor balconies (89 sq. ft. open balcony, 63 sq. ft. covered balcony, and 114 sq. ft. covered balcony) will be constructed along the front (west) side of the residence facing San Luis Circle. All balconies will be accessed from second floor bedrooms. The garage and all second floor balconies are not included in the total habitable area. The total lot coverage, including the proposed addition and covered porch, is 39.9%, which complies with the maximum 40% lot coverage permitted by Code. The proposed addition does not encroach into the code prescribed rear yard area. The house with the addition will be located 20 feet from the front, 10 feet 6 inches from the rear, 7 feet from the south side, and 6 feet 6 inches from the north side property lines. The existing home, including the proposed addition, will comply with all applicable development standards including height, floor area, setbacks, and lot coverage. Architecturally, the new renovated home will maintain a Spanish/ Mediterranean design, including arched windows, old-world stucco exterior, and terra cotta colored S style concrete roofing materials. The house including the proposed additions will be painted white with tan trim. The arched grid windows and horizontal accents will be trimmed with raised stucco banding, painted tan to match the roof trim. All second story balconies will have 42 inch high wrought iron railing, further accentuating the Spanish/Mediterranean motif.

6 Minutes of the Planning Commission Meeting of March 26, 2014 Vol Page No Section of the City of Buena Park Zoning Ordinance requires Planning Commission review and approval of any addition to a single-family home, in which the addition exceeds 50% of the existing habitable floor area, via the Site Plan Review process. The goal of the Site Plan Review process is not only to ensure that the project meets all development standards of the zoning district, but to also ensure that the project is in reasonable harmony with the architectural character of the area and not detrimental to the existing and intended character of the surrounding neighborhood. This process furthers the General Plan goal to maintain and enhance the character of single family residential neighborhoods. Staff reviewed the submittal plans, visited the site and surrounding area and is of the opinion that the existing site can accommodate the proposed room addition in terms of compliance with the required development standards of the zoning district. The Spanish/Mediterranean architectural design will be unique and will provide distinct character to the neighborhood and the materials, finishes and neutral color scheme are intended to blend with the overall color palette of the surrounding area. However, staff does have concerns that the building massing and proposed balconies may impact surrounding properties in terms of privacy and scale. The subject property is an interior lot at the middle of San Lucas Circle, a street that is currently developed with one-story single family residences. Even though public noticing is not required by Code for single family room additions, a total of eight notices of this Planning Commission meeting were mailed to adjacent neighbors as a courtesy to provide notification of the proposed project and provide opportunity for the residents to ask questions or address any concerns they may have. The proposed additions will satisfy the development standards for single-family residences within the RS-6 (One-Family Residential) zone. Lot coverage, setbacks, floor area, and architectural integrity will comply with the Zoning Ordinance. When completed, the materials, color, and finish of the renovated home will blend with the overall color palette of the surrounding area, therefore preserving the residential integrity of the existing singlefamily neighborhood. The applicant is aware that the renovated home including the additions approaches maximum lot coverage, thereby limiting future additions, including covered patios and trellises. The project is Class 1, Section 15301, categorically exempt from CEQA. No public hearing notice is required for this application. Chair Barstow asked if there were any questions of staff. Commissioner Diep asked for clarification regarding the reason for the dark-striped line, as shown on the plan, adjacent to the entry hallway. Commissioner Diep explained that although certain Planning conditions limit the development to a single-family residence and require access to all parts of the home, she is concerned that the striped line on the plan may symbolize a partition that could lead to the property transitioning to a boarding house in the future. Commissioner Schoales expressed concern about the same issue and explained that sectioned-off hallways can lead to illegal subdivision of the house. Ms. Schwartz said neither the applicant or architect is present to respond to Commissioner Diep s query but she will contact the applicant to ask for clarification on the area in question.

7 Minutes of the Planning Commission Meeting of March 26, 2014 Vol Page No Commissioner Schoales said the proposed balconies overlooking the surrounding residences will have a negative impact on the privacy of the surrounding neighbors. Commissioner McGuire agreed with Commissioner Schoales. He said the proposed balconies overlooking the surrounding neighbors rear yards are intrusive. Commissioner Capelle said she is concerned that the proposed seven-bedroom house with only a two-car garage has potential to impact parking in the neighborhood. Commissioner Schoales added that if two cars are parked in the garage, additional cars would most likely not be parked on the driveway so as not to block the movement of cars from the garage; thus, additional cars would be parked on the street. Commissioner Schoales recalled that parking requirements for single family residences were reviewed in the past and it was determined that an addition of 80% or more to an existing home would require a three-car garage. Mr. Saltzberg described the revision to the parking requirement as requiring a third garage space if five bedrooms were included in a new home or at least 80% of the existing home was demolished and reconstructed. Mr. Fox further explained that the 80% minimum demolition is defined as equivalent to new construction with respect to the parking requirement, including homes that are completely demolished and rebuilt. The proposed project does not fit the criteria for requiring a third garage space. Commissioner Schoales asked if additional parking in the front yard can be required of the applicant. Ms. Schwartz said requiring additional parking in the front yard would not be in conformance with the front yard landscape standard. Commissioner Schoales asked if notices were sent to the surrounding neighbors regarding the proposed project. Ms. Schwartz said that although public hearing notices are not required for the proposed project, staff mailed eight notices to residents across the street from and adjacent to the proposed project. Ms. Schwartz added that staff had not received any communication from the surrounding neighbors on the proposed project. Commissioner Schoales asked if the notices mailed described the project in detail, including the proposed five balconies. He added the likelihood for addressees to overlook postcard notices. Ms. Schwartz said the mailed notices, which met the requirements for public hearing notices, did not include detailed descriptions of the project, but had a telephone number for inquiries and information that plans are available for viewing by the public prior to the meeting.

8 Minutes of the Planning Commission Meeting of March 26, 2014 Vol Page No Commissioner Diep referred to the plans and noted the minimal separation of the addition from the rear property line wall. She asked if this project meets the rear yard setback requirement. Ms. Schwartz said the proposed project provides the maximum allowable rear yard coverage. Therefore, the applicant cannot add a patio cover. Mr. Saltzberg added that the project as proposed maximizes the development potential of the property. He explained that the applicants are a large family with members from different generations. Commissioner Capelle said although she appreciates and values the concept of a multigenerational family living together, she is concerned that the family may decide to sell the house in the future, leading to the possibility of the property becoming a boarding house. Mr. Fox said the concerns mentioned are not addressed in the Code. Ms. Schwartz added that there are no architectural design standards for single-family residential zones. Commissioner Schoales commented that if the Code does not address the Commissioner concerns about the proposed project, are there any mitigation measures staff can undertake? Mr. Saltzberg said that the Planning Commission may determine that promoting compatibility with adjacent properties and protecting property values requires design modifications such as revisions to balconies or additional landscaping to address privacy. Mr. Fox said an Interim Ordinance may be adopted to address the concerns of the Commission. Commissioner Capelle recommended a study session to discuss and amend the Code to address parking and privacy concerns on projects of this nature. Commissioner Capelle said she cannot vote on this project at this meeting because of the unresolved concerns. Mr. Fox said the Planning Commission can vote to continue and direct staff to communicate with the applicant to clarify the area in question on the first floor plan and to discuss the possibility of working on the design of the balconies to address privacy concerns. There being no one else wishing to speak on the matter, Chair Barstow advised that the item requires a Resolution for approval or denial with findings. Commissioner Capelle moved and Commissioner Diep seconded the motion to continue this item to 30 days to allow staff to coordinate with the applicant regarding the following information required by Planning Commission: 1) clarification on the first floor area stripe marking on the plan to assure that it does not signify a doorway or solid wall; 2) measures to mitigate privacy concerns created by the proposed balconies.

9 Minutes of the Planning Commission Meeting of March 26, 2014 Vol Page No AYES: 7 COMMISSIONERS: Capelle, Diep, Chung, Gonzales, McGuire, Schoales, and Barstow NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAIN: 0 COMMISSIONER: ORAL COMMUNICATIONS: None AGENDA FORECAST: Expansion of a restaurant on Beach Boulevard and Malvern Relocation of a billiards parlor on Beach and Malvern STAFF REPORT: Mr. Saltzberg reported on City Council approval on March 25, 2014, of the construction of a 108-unit townhome development at the northwest corner of Orangethorpe and Magnolia. Mr. Saltzberg gave an update on City Council discussion during the March 25, 2014 Study Session of the former Anaheim General Hospital site, Billboard Overlay Zones, and Bulletin Displays sign. COMMISSION REPORTS: Commissioner Diep reiterated the importance of a study session to discuss design guidelines for single-family residential zones, review parking requirements for large singlefamily homes, and privacy concerns on balconies. ADJOURNMENT: At 7:45 p.m., Chair Barstow adjourned the meeting to the Planning Commission meeting on Wednesday, April 9, 2014, in the City Council Chamber. ATTEST: Larry Barstow Chair Joel W. Rosen, AICP Secretary

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11 RESOLUTION NO. SITE PLAN NO. SP A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF A SITE PLAN TO REMODEL AN EXISTING SINGLE FAMILY RESIDENCE TO INCLUDE A 217 SQ. FT. FIRST FLOOR ADDITION AND A 2,207 SQ. FT. SECOND FLOOR ADDITION AT 8022 SAN LUIS CIRCLE WITHIN THE RS-6 (ONE- FAMILY RESIDENTIAL) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) Muhammed and Rukhsana Memon, the property owners/applicants, 8022 San Luis Circle, Buena Park, California, 90620, have filed an application for issuance of Site Plan No. SP for the remodel of an existing single family residence that includes a 217 sq. ft. first floor addition and a 2,207 sq. ft. second floor addition at 8022 San Luis Circle in Buena Park, California, 90620, (APN ) in the County of Orange. Hereinafter in this Resolution, the subject Site Plan request is referred to as the application. (ii) On March 26, 2014, the Planning Commission conducted a hearing on the application and continued said hearing to April 23, 2014 in order to allow sufficient time to address certain Planning Commission concerns. Since the hearing, the applicant obtained written confirmation from adjacent property owners that they had no objection to the project as proposed and staff confirmed that continuous interior circulation would be maintained. (iii) On April 9, 2014, the Planning Commission conducted a hearing on the application, reviewed the additional information provided, and concluded said hearing prior to the adoption of this Resolution. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Buena Park as follows: 1. The Planning Commission hereby specifically finds that all the facts set forth in Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to the Planning Commission during the above-referenced hearing, including written staff reports, verbal testimony, and development plans stamped RECEIVED FEB PLNG. DIV., the Commission hereby specifically finds as follows:

12 Resolution No. Site Plan No. SP April 9, 2014 a. The proposed additions to the single-family residence complies with all applicable requirements of the General Plan and Zoning Ordinance, including lot coverage, height, setbacks, floor plan, parking and building materials, as conditioned. The Spanish/Mediterranean architectural design and second story exterior balconies will be unique and will provide distinct character to the property and neighborhood. The materials, finishes and neutral color scheme are intended to blend with the overall color palette of the surrounding area. b. The site arrangement and improvements will not be detrimental to the existing and intended character of the single-family neighborhood since the proposed additions are in compliance with the General Plan and the Zoning Ordinance. The expanded single-family home design meets all applicable standards and criteria and will maintain the single family residential character of the neighborhood. c. The proposed additions will not create any detrimental effects on the environment since the area was planned for single family residential development. d. The exterior Spanish/Mediterranean architectural design is unique, provides distinct character and is in reasonable harmony with the architectural character of the area. All building materials, colors and finishes will match that of the expanded house, as conditioned. Furthermore, the proposed addition is designed to enhance the visual integrity of the property and the surrounding area. e. The arrangement and design for pedestrian and vehicular traffic will continue to minimize congestion and protect pedestrian and vehicular safety for the subject property as well as surrounding properties. 3. 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 to Class 1, Section 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 Planning Commission hereby approves the application subject to the plans stamped RECEIVED FEB PLNG. DIV. as modified herein and 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: PUBLIC WORKS: 1. Owner/Developer shall provide the Public Works Department with an Ownership Certificate for grading, prior to issuance of building permits. 2. Applicant shall pay a sewer connection fee per the latest ordinance of the Orange County Sanitation District prior to issuance of building permits. Page 2

13 Resolution No. Site Plan No. SP April 9, 2014 BUILDING DIVISION: 1. The project shall comply with Buena Park Municipal Code Title 15, California Building Codes. 2. The applicant shall complete the City of Buena Park s Construction Site NPDES Certification Form prior to issuance of building and grading permits. 3. The construction plans require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect. 4. All portions of the proposed building above the first story shall maintain a minimum 12 ft. setback from any overhead power lines. PLANNING DIVISION: 1. This approval shall be for the remodel of an existing single family residence to include a 217 sq. ft. first floor addition and a 2,207 sq. ft. second floor addition, for a total habitable floor area of 4,093 sq. ft. in substantial compliance with plans stamped RECEIVED FEB PLNG. DIV., and as conditioned herein. When complete, the home shall remain a single-family residence. 2. Plans submitted for plan check shall include the single-family home with additions and design and materials consistent with the submitted plans stamped RECEIVED FEB PLNG. DIV. as well as specifications and details for the following: a. Stucco covered foam trim around all windows and doors b. Stucco covered foam banding along the side and rear elevations c. Decorative paneled front door with arched glass inserts d. Decorative paneled roll-up garage door e. Horizontal sliding windows and doors on all building elevations f. Decorative wrought iron balcony railing for all exterior second story open and covered balconies g. Paint colors for all exterior painted surfaces h. Stucco color and texture 3. The applicant shall demonstrate that proposed building materials, and other architectural/site features are rated for appropriate durability and longevity. In the event 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. 4. Plans submitted for plan check shall include the renovated home, garage, and new addition painted and roofed with a new S style concrete roofing materials. Color and material/roofing samples shall be submitted for Planning Division review and approval prior to issuance of building permits. Page 3

14 Resolution No. Site Plan No. SP April 9, A deed restriction shall be recorded that limits the development to a single-family residence. Said deed restriction shall be submitted to the City for City Attorney review and approval and shall be recorded prior to issuance of building permits. 6. Interior access to all parts of home shall be maintained at all times as a condition of use. No sections shall be partitioned off and provided solely with exterior access. In addition, no secondary kitchen or other cooking facilities shall be provided. The first floor decorative arch opening, adjacent to the front entrance, and leading to the hallway for bedroom and sitting room access, shall remain permanently open and without a door in order to maintain continuous interior access at all times. 7. All on-site landscaping, including the front yard and parkway areas, which are damaged during construction shall be revitalized upon completion of construction, as necessary, prior to final building permits. All landscaping, including the parkway, shall be maintained in a healthy, green, pruned, growing condition. 8. No roof-mounted mechanical equipment shall be permitted unless such equipment is not visible from adjacent and surrounding properties and streets from a height of five (5) feet above ground level. The installation and screening of air conditioning and similar equipment shall comply with existing design criteria and Section of the City Code. 9. The construction authorized by the Site Plan shall be started within one (1) year of the expiration of the appeal period and thereafter diligently advanced until completion of the project. 10. The development shall conform to the plans 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. 11. This Site Plan may be revoked for any violation of noncompliance with any of these conditions in accordance with Section of the Zoning Ordinance. 12. Prior to final inspection, these conditions and all improvements shall be completed to the satisfaction of the City. 13. 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. 14. Because applicant has maximized the allowable 40 percent lot coverage permitted within the RS Zone, no exterior covered patios, trellises, or structures shall be permitted to be constructed that would otherwise exceed the allowable lot coverage. 15. The applicant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from any 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 Page 4

15 Resolution No. Site Plan No. SP April 9, 2014 exercise of the rights granted herein, any and all claims, lawsuits or actions arising from the granting of or exercise of the rights permitted by this Site Plan and from any and all claims and losses occurring or resulting to any person, firm, or corporation, or property 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 such damages, judgments, verdicts, court costs or attorneys fees in any such lawsuit or action. PASSED AND ADOPTED this 9 th day of April 2014 by the following called vote: AYES: NOES: ABSENT: ABSTAINED: COMMISSIONER: COMMISSIONER: COMMISSIONER: COMMISSIONER: Larry Barstow Chair ATTEST: Joel W. Rosen, AICP Secretary AFFIDAVIT OF ACCEPTANCE: I/We do hereby accept all of the conditions contained in this document and all other conditions imposed by Site Plan No. SP and do agree that I/We shall conform with and abide by all such conditions. Date: Applicant s Signature RESP Page 5

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17 STAFF REPORT Planning Commission AGENDA ITEM NUMBER: 3 MEETING DATE: April 9, 2014 CASE NUMBER: PROPERTY OWNER: APPLICANT: APPLICATION REQUEST: Conditional Use Permit No. CU11-010M1 P.A. Poon and Son, Inc Beach Boulevard, Suite 103 Huntington Beach, CA JJang Enterprise 5258 Beach Boulevard Buena Park, CA To expand an existing full-service restaurant with the sale of beer and wine for on-site consumption from 5258 Beach Boulevard to include the adjacent suite at 5256 Beach Boulevard. PROPERTY LOCATION / APN: Beach Boulevard / GENERAL PLAN / ZONING: Commercial / CS (Community Shopping) LAND USE CHARACTERISTICS: The subject property is zoned CS (Community Shopping) and is developed with a multi-tenant shopping center that includes Pizza Hut, Beach Billiards and other businesses. The properties to the north and east are zoned RM-10 (Low Density Multifamily Residential) and developed with condominiums. The property to the south is zoned CS and is developed with a shopping center that includes Zion Market, Cherry Cleaners and other businesses. The property to the west is zoned PD (Planned Development) and is a new 74,000 sq. ft. commercial shopping center, including H Mart and 85 Degrees Bakery. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU11-010M1 with findings of fact and conditions.

18 Planning Commission Staff Report Conditional Use Permit No. CU11-010M1 Page 2 APPLICATION ANALYSIS: Background: The property under application is located on the northeast corner of Beach Boulevard and Malvern Avenue with street frontages of 526 ft. on Beach Boulevard and 372 ft. on Malvern Avenue, with a land area of 3.68 acres. The site is developed with a 28,647 sq. ft. integrated shopping center containing a variety of businesses including Pizza Hut, Beach Billiards and T-Mobile. The existing JJang Restaurant proposes to expand into an adjacent tenant space located at 5256 Beach Boulevard, previously occupied by Beach Billiards. Beach Billiards proposes to relocate to another tenant location within the same shopping center. JJang Restaurant began business operations at 5258 Beach Boulevard in January of 2011 and obtained Planning Commission approval for the sale of beer and wine for on-site consumption via Conditional Use Permit CU on September 28, Proposal: The applicant has submitted an application and plans requesting Planning Commission approval for a 2,866 sq. ft. expansion of the existing restaurant with the sale of beer and wine for on-site consumption via the Conditional Use Permit process. JJang Restaurant currently occupies 1,288 sq. ft. and will expand to the adjacent tenant space located at 5256 Beach Boulevard for a total of 4,156 sq. ft. The completed restaurant expansion will integrate the existing restaurant space with the new tenant space to include a large dining area, centralized kitchen and food preparation area, bar with 15 seats for customer dining, two storage areas, two walk-in coolers, changing room, one employee restroom, and separate men's and women's public restrooms that shall meet Building Code requirements for restaurant size and occupancy. Entrance to the restaurant will be through three entrances/exits on the front (south) side of the tenant space. Two exits are located on the rear (north) side of the tenant space for employee access and deliveries. The submitted plans do not include exterior building improvements as part of this project proposal. The site plan indicates that there are 191 existing parking spaces available for the shopping center. The required parking for the existing uses as well as the proposed restaurant expansion is 166 spaces. It is not anticipated that the proposed expanded restaurant with alcohol sales will negatively affect the available parking within this shopping center. Access to the shopping center and interior circulation within the shopping center will not be altered as part of this application. The existing restaurant maintains a Type 41 (On Sale Beer and Wine Eating Place) Alcoholic Beverage License and will continue beer and wine sales for on-site consumption within the proposed restaurant expansion. The applicant is proposing hours of operation from 10:00 a.m. to 1:00 a.m. Monday through Sunday. Discussion: Section of the Buena Park Zoning Code requires Planning Commission review and approval, via the Conditional Use Permit process, for the expansion of the existing restaurant with the sale and on-site consumption of alcoholic beverages. Staff has reviewed the submitted application, visited the site and believes that the facility and site are adequate to support the project AGENDA ITEM NO. 3

19 Planning Commission Staff Report Conditional Use Permit No. CU11-010M1 Page 3 proposal. Adequate parking is available to accommodate the restaurant expansion with alcohol sales, and site access/ circulation will remain as originally approved. JJang Restaurant has been operating and serving alcoholic beverages within this shopping center for approximately 3 years. The sale of alcoholic beverages will continue to be incidental to the restaurant use and will be permitted only in conjunction with meals served for consumption on the premises. Conditions of approval have been included that require gross sales of alcoholic beverages to not exceed the gross sales of food and meals during the same time period, that alcoholic beverages may not be sold for off site consumption and that JJang Restaurant is required to serve meals during all hours of operation. Adequate separation is provided between the restaurant location and the adjacent residential properties located approximately 100 ft. to the east. An existing 6 ft. high block wall and 10 ft. wide landscape setback along the east property line also provide buffers between the subject property and the adjacent residential neighborhood. Subject to compliance with all Conditions of Approval of Conditional Use Permit CU11-010M1, it is not anticipated that the proposed restaurant expansion with the sale of beer and wine will negatively impact the existing shopping center businesses and surrounding properties. The Buena Park Police Department provided the attached memo dated, March 17, 2014 concluding that there were no issues with the project as proposed. ENVIRONMENTAL ASSESSMENT: The project is Class 1, Section 15301, 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 March 27, 2014, and 117 notices were mailed to property owners within a 300 ft. radius of the subject property on March 27, FINDINGS OF FACT: a. The proposed on-site consumption of beer and wine in conjunction with the restaurant expansion is consistent with the City s General Plan and Zoning Ordinance since the project as conditioned will meet operating standards and performance characteristics consistent with adjacent properties in the vicinity. Sufficient separation is provided from sensitive adjacent residential uses. b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the on-site sale and consumption of beer and wine in conjunction with the restaurant expansion. Based on operating restrictions, conditioned hours of operation, business operation consistency with adjacent tenants, and buffering from nearby residences, 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. The project will not create traffic disruption in the area and proper on-site circulation will not be compromised. AGENDA ITEM NO. 3

20 Planning Commission Staff Report Conditional Use Permit No. CU11-010M1 Page 4 d. Adequate utilities and public services are 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. Adequate buffering elements currently exist on the project site and operation conditions have been incorporated to prevent negative impacts onto surrounding properties. Prepared by: Approved by: Presented by: Monique Schwartz, Assistant Planner Joel W. Rosen, AICP, Director of Community Development Michael Ressler, Senior Planner ATTACHMENTS: Proposed Resolution Police Department Memo, dated March 17, 2014 Resolution No. 5827, Conditional Use Permit No. CU Vicinity Map Development Plans SRCU11-010M1 AGENDA ITEM NO. 3

21 RESOLUTION NO. CONDITIONAL USE PERMIT NO. CU11-010M1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF CONDITIONAL USE PERMIT NO. CU11-010M1 TO EXPAND AN EXISTING FULL SERVICE RESTAURANT WITH THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION, LOCATED AT BEACH BOULEVARD WITHIN AN INTEGRATED SHOPPING CENTER IN THE CS (COMMUNITY SHOPPING) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) P.A. Poon & Son Inc., property owner, Beach Boulevard, Suite 103, Huntington Beach, CA 92648, and JJang Enterprise, project proponent, 5258 Beach Boulevard, Buena Park, CA 90621, have filed an application for the issuance of Conditional Use Permit No. CU11-010M1 to expand an existing full service restaurant with the sale of beer and wine for on-site consumption, located at Beach Blvd, Buena Park, California (APN: ) in the County of Orange. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the application. (ii) On April 9, 2014, this Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Buena Park 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, and development plans stamped RECEIVED MAR PLNG. DIV., this Commission hereby specifically finds as follows: a. The proposed on-site consumption of beer and wine in conjunction with the restaurant expansion is consistent with the City s General Plan and Zoning Ordinance since the project as conditioned will meet operating standards and performance characteristics consistent with adjacent properties in the vicinity. Sufficient separation is provided from sensitive adjacent residential uses.

22 Resolution No. Conditional Use Permit No. CU11-010M1 April 9, 2014 b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the on-site sale and consumption of beer and wine in conjunction with the restaurant expansion. Based on operating restrictions, conditioned hours of operation, business operation consistency with adjacent tenants, and buffering from nearby residences, 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. The project will not create traffic disruption in the area and proper onsite circulation will not be compromised. d. Adequate utilities and public services are 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. Adequate buffering elements currently exist on the project site and operation conditions have been incorporated to prevent negative impacts onto surrounding properties 3. 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 to Class 1, Section 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 approves the application subject to the plans stamped RECEIVED MAR 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: 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 construction plans require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect. Page 2

23 Resolution No. Conditional Use Permit No. CU11-010M1 April 9, 2014 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 any permits or approvals: Architectural (Service Codes PR200-PR285), when required by the OCFA Plan Submittal Criteria Form Fire sprinkler system (Service Codes PR400-PR465), if required by code or installed voluntarily Prior to concealing interior construction: If the building is currently sprinklered and the system requires modification PLANNING DIVISION: 1. This approval shall be for the expansion of an existing full service restaurant with the sale of beer and wine for on-site consumption at Beach Boulevard on plans stamped RECEIVED MAR PLNG. DIV., except as modified herein. Operations shall be consistent with the submitted business plan stamped "RECEIVED MAR PLNG. DIV.," and as conditioned herein. 2. The sale of beer and wine within the restaurant shall not exceed the hours of 11:00 p.m. Sunday through Thursday and 1:00 a.m. Friday and Saturday. 3. Prior to any changes in the days and hours of operation of JJang Restaurant, the applicant shall obtain written approval from the Community Development Director or his/her designee. The following are the specified days and hours of operation requested by the applicant: Monday through Sunday: 10:00 a.m. to 1:00 a.m. 4. Any modifications to the approved floor plan and any modifications which will change, expand or intensify the use shall be subject to review and approval by the Community Development Director. The Director may determine if such modifications require approval by the Buena Park Planning Commission. 5. If at any time in the future, the Community Development Director determines that a study is necessary to address parking and/or circulation issues relative to the use, the applicant and/or current business owner, shall be responsible for the cost of a parking and/or circulation study prepared by a consultant selected by the City. The applicant and/or current business owner shall also be responsible for the implementation costs of any mitigation measures deemed appropriate by the City based upon the findings of this study. Page 3

24 Resolution No. Conditional Use Permit No. CU11-010M1 April 9, At all times when the establishment is open for business, the sale of alcoholic beverages shall be conducted entirely within the building. 7. The sale of alcoholic beverages within the restaurant shall be in compliance with all local, State and Federal laws, and all conditions of the Department of Alcoholic Beverage Control (ABC) for the issuance of a Type "41" (On Sale Beer and Wine Eating Place) license and in compliance with all conditions of Conditional Use Permit CU Litter shall be removed daily from the premises, including adjacent public sidewalks and from all parking areas under the control of the licensee. 9. All trash bins shall be kept inside trash enclosures, and gates closed at all times, except during disposal and pick-up. 10. The applicant shall comply with all provisions of the Buena Park Municipal Code, including Chapter 8.28, Noise control. 11. This establishment shall be operated as a restaurant facility only. All activities shall be conducted within this enclosed tenant space, while maintaining an environment free from objectionable noise, odor or other nuisances. 12. The applicant and/or property owner shall be responsible for maintaining the building s signs, lighting, landscaping, and all improvements in good working order at all times. Any accumulation of trash, weeds, or debris on the property shall be removed immediately so as not to present a public nuisance. Graffiti on the buildings or associated improvements shall be removed immediately by the applicant/property owner or upon notification by the City. 13. The on-site sale and consumption of beer and wine shall be incidental to the operation of the restaurant. 14. There shall be no bar or lounge area upon the licensed premises maintained only for the purpose of sale, service, or consumption of alcoholic beverages directly to patrons for consumption. 15. At all times when the premise is open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 16. The sale of beer and wine for consumption off the premises is prohibited. 17. Alcoholic beverages shall be sold and served in containers, which are distinguishable from other non-alcoholic beverages sold at the premises. 18. The subject alcoholic beverage license shall not be exchanged for another public type premises type license. 19. Food service with an available menu, shall be made available until closing time on each day of operation. Page 4

25 Resolution No. Conditional Use Permit No. CU11-010M1 April 9, Quarterly gross sales of beer and wine shall not exceed quarterly gross sales of food. Quarterly records shall be maintained to separately reflect gross sales of food and gross sales of beer and wine and shall be made available to the City of Buena Park upon request. 21. 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. 22. No live entertainment, pool tables, dancing, or other amusement devices or activities are permitted. 23. All signs shall conform to the integrated sign program approved by the City for the shopping center. 24. The restaurant shall maintain a business license as required by the Buena Park Municipal Code. 25. This Conditional Use Permit may be revoked for any violation of or noncompliance with any of these conditions in accordance with Section of the Zoning Ordinance. 26. The use authorized by this Conditional Use Permit shall be started within one (1) year of the expiration of the appeal period. 27. The project 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. 28. These conditions and operating requirements shall be maintained to the satisfaction of the City. 29. 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 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. Page 5

26 Resolution No. Conditional Use Permit No. CU11-010M1 April 9, 2014 PASSED AND ADOPTED this 9th day of April 2014 by the following called vote: AYES: NOES: ABSENT: ABSTAINED: COMMISSIONER: COMMISSIONER: COMMISSIONER: COMMISSIONER: Larry Barstow Chair ATTEST: Joel W. Rosen, AICP 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. CU11-010M1 and do agree that I/We shall conform with and abide by all such conditions. Date: Applicant s Signature RECU11-010M1 Page 6

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37 STAFF REPORT Planning Commission AGENDA ITEM NUMBER: 4 MEETING DATE: April 9, 2014 CASE NUMBER: Conditional Use Permit No. CU10-001M3 PROPERTY OWNER: P.A. Poon and Son, Inc Beach Boulevard, Suite 103 Huntington Beach, CA APPLICANT: W Marketing Mardel Drive Cypress, CA APPLICATION REQUEST: To relocate an existing billiards parlor establishment from 5256 Beach Boulevard to 5252 Beach Boulevard. PROPERTY LOCATION / APN: 5252 Beach Boulevard / GENERAL PLAN / ZONING: Commercial / CS (Community Shopping) LAND USE CHARACTERISTICS: The subject property is zoned CS (Community Shopping) and is developed with a multi-tenant shopping center that includes Pizza Hut, JJang Restaurant, T Mobile and other businesses. The properties to the north and east are zoned RM-10 (Low Density Multifamily Residential) and are developed with condominiums. The property to the south is zoned CS and is developed with a shopping center that includes Zion Market, Cherry Cleaners and other businesses. The property to the west is zoned PD (Planned Development) and is a new 74,000 sq. ft. commercial shopping center, including H Mart and 85 Degrees Bakery. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU10-001M3 with findings of fact and conditions.

38 Planning Commission Staff Report Conditional Use Permit No. CU10-001M3 Page 2 APPLICATION ANALYSIS: Background: The property under application is located on the northeast corner of Beach Boulevard and Malvern Avenue with street frontages of 526 ft. on Beach Boulevard and 372 ft. on Malvern Avenue, with a land area of 3.68 acres. The site is developed with a 28,647 sq. ft. integrated shopping center containing a variety of businesses including Pizza Hut, JJang Restaurant and T-Mobile. The existing 2,866 sq. ft. Beach Billiards establishment proposes to relocate into a new 2,430 sq. ft. tenant space within the same shopping center, located at 5252 Beach Boulevard. JJang Restaurant proposes to expand into the previously occupied Beach Billiards suite, located at 5256 Beach Boulevard. The applicant obtained Planning Commission approval for the operation of a billiards parlor at 5256 Beach Boulevard via Conditional Use Permit CU on January 25, 2010 and commenced business operations in October of On June 15, 2001, Conditional Use Permit CU10-001M1 was approved revising the business hours of operation from 10:00 a.m. to 12:00 a.m. daily to 12:00 a.m. to 2:00 p.m. daily. On January 15, 2013, Conditional Use Permit CU10-001M2 was approved eliminating the requirement for an on-site security guard. Proposal: The application, plans and business plan propose operation of the 2,430 sq. ft. billiards parlor within the existing multi-tenant commercial development in the same manner as previously approved. Beach Billiards will be relocating their existing billiards establishment from 5256 Beach Boulevard to 5252 Beach Boulevard. Beach Billiards specializes in Dang-Gu, a pocketless billiards game, as well as traditional pocket billiards. The general business operations will continue to be conducted by the business owner and one employee. No alcoholic beverages will be served and snack foods, including drinks, chips, ice cream and cookies may be purchased from vending machines provided within the establishment. The proposed hours of operation for the billiards parlor will be from 12:00 a.m. to 2:00 a.m. Monday through Sunday. The interior of the new tenant space will be remodeled to accommodate 10 billiard tables, a centralized self-service vending machine area, office, perimeter tables and chairs, wall mounted scoreboards, cue racks, two customer hand washing stations and two restroom facilities, which shall meet Building Code requirements for the business size and occupancy. The submittal plans do not indicate any building exterior improvements. The submittal site plan indicates that there are 191 existing parking spaces available for the shopping center. The required parking for the existing uses as well as the proposed billiards parlor is 166 spaces. It is not anticipated that the new billiards location will negatively affect the available parking within this shopping center. Access to the shopping center and interior circulation within the shopping center will not be altered as part of this application. The proposed days and hours of operation will be 10:00 a.m. to 2:00 a.m. Monday through Sunday. AGENDA ITEM NO. 4

39 Planning Commission Staff Report Conditional Use Permit No. CU10-001M3 Page 3 Discussion: Section of the Buena Park Zoning Code requires Planning Commission review and approval for the establishment of a billiards parlor, via the Conditional Use Permit process. Staff has reviewed the submitted application, visited the site and believes that the facility and site are adequate to support the project proposal. Beach Billiards has been operating within the existing shopping center for over three years and is merely relocating their existing business operations to a smaller tenant location within the same shopping center. Adequate parking is available to accommodate the relocated establishment and site access/circulation will remain as originally approved. Staff believes that the adjacent uses and surrounding businesses will not be negatively affected by the proposed billiards establishment. The peak hours of operation for the billiards parlor will be during the late evening hours while many of the surrounding businesses typically operate during daytime hours. In addition, restricted business operations, including the prohibition of alcohol sales and live entertainment will further ensure compatibility with existing and anticipated uses within the shopping center. The billiards establishment will not only increase the economic viability of the existing shopping center by attracting new customers to shop or dine within the adjacent businesses, but also provide a recreational facility for the surrounding community. Adequate separation is provided between the billiards establishment location and the adjacent residential properties located more than 100 ft. to the east. An existing 6 ft. high block wall and 10 ft. wide landscape setback along the east property line also provide buffers between the subject property and the adjacent residential neighborhood. In addition, the new billiards establishment location will be within a detached pad building located on the west side of the shopping center, facing Beach Boulevard. This pad building is further buffered by the building located along the east property line. The Buena Park Police Department has reviewed this application and provided the attached memo dated March 17, 2014, concluding that there are no issues with the project as proposed. Conditions have been included prohibiting alcohol, loitering, and noise to prevent potential negative impacts to the surrounding properties. To further ensure security, additional conditions were included to prohibit window displays, treatments and signage that would obstruct vision into the establishment. ENVIRONMENTAL ASSESSMENT: The project is Class 1, Section 15301, 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 March 27, 2014, and 117 notices were mailed to property owners within a 300 ft. radius of the subject property on March 27, FINDINGS OF FACT: a. The proposed billiards parlor is consistent with the City s General Plan and Zoning Ordinance, since the project as conditioned will meet operating standards and performance characteristics consistent with adjacent properties in the vicinity. Sufficient separation is provided from sensitive adjacent residential uses. AGENDA ITEM NO. 4

40 Planning Commission Staff Report Conditional Use Permit No. CU10-001M3 Page 4 b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the proposed billiards parlor. Beach Billiards has been operating within the existing commercial shopping center for over 3 years and is merely relocating to a smaller tenant location within the same shopping center. Based on operating restrictions, conditioned hours of operation, business operation consistency with adjacent tenants, and buffering from nearby residences, 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. 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 are available to serve the proposed use as well as existing and anticipated development in the surrounding area. The site is fully developed and meets the City standards for public services and utilities serving the site. 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. Adequate buffering elements currently exist on the project site and operation conditions have been incorporated to prevent negative impacts onto surrounding properties. The billiard parlor will increase the economic viability of the commercial site as well as provide a recreational facility for the surrounding community. Prepared by: Approved by: Presented by: Monique Schwartz, Assistant Planner Joel W. Rosen, AICP, Director of Community Development Michael Ressler, Senior Planner ATTACHMENTS: Proposed Resolution Police Department Memo, dated March 17, 2014 Resolution No. 5769, Conditional Use Permit No. CU Minor Modification of Conditions of Approval, CU10-001M1 Minor Modification of Conditions of Approval, CU10-001M2 Vicinity Map Development Plans SRCU10-001M3 AGENDA ITEM NO. 4

41 RESOLUTION NO. CONDITIONAL USE PERMIT NO. CU10-001M3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST TO RELOCATE AN EXISTING BILLIARDS PARLOR ESTABLISHMENT FROM 5256 BEACH BOULEVARD TO 5252 BEACH BOULEVARD WITHIN AN EXISTING MULTI-TENANT COMMERCIAL DEVELOPMENT LOCATED IN THE CS (COMMUNITY SHOPPING) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) P.A. Poon & Son Inc., property owner, Beach Boulevard, Suite 103, Huntington Beach, CA 92648, and W Marketing, project proponent, Mardel Drive, Cypress, CA 90630, have filed an application for the issuance of Conditional Use Permit No. CU10-001M3 to relocate an existing billiards parlor establishment from 5256 Beach Boulevard to 5252 Beach Boulevard, Buena Park, California (APN: ) in the County of Orange. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the application. (ii) On April 9, 2014, this Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Buena Park 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 MAR PLNG. DIV., this Commission hereby specifically finds as follows: a. The proposed billiards parlor is consistent with the City s General Plan and Zoning Ordinance, since the project as conditioned will meet operating standards and performance characteristics consistent with adjacent properties in the vicinity. Sufficient separation is provided from sensitive adjacent residential uses.

42 Resolution No. Conditional Use Permit No. CU10-001M3 April 9, 2014 b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the proposed billiards parlor. Beach Billiards has been operating within the existing commercial shopping center for over 3 years and is merely relocating to a smaller tenant location within the same shopping center. Based on operating restrictions, conditioned hours of operation, business operation consistency with adjacent tenants, and buffering from nearby residences, 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. The project will not create traffic disruption in the area and proper onsite circulation will not be compromised. d. Adequate utilities and public services are available to serve the proposed use as well as existing and anticipated development in the surrounding area. The site is fully developed and meets the City standards for public services and utilities serving the site. 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. Adequate buffering elements currently exist on the project site and operation conditions have been incorporated to prevent negative impacts onto surrounding properties. The billiard parlor will increase the economic viability of the commercial site as well as provide a recreational facility for the surrounding community. 3. 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 to Class 1, Section 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 approves the application subject to the plans stamped RECEIVED MAR 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: 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 construction plans require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect. Page 2

43 Resolution No. Conditional Use Permit No. CU10-001M3 April 9, 2014 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 any permits or approvals: Architectural (service codes PR200-PR285), when required by the OCFA Plan Submittal Criteria Form Fire sprinkler system (service codes PR400-PR465), if required by code or installed voluntarily Prior to concealing interior construction: If the building is currently sprinklered and the system requires modification PLANNING DIVISION: 1. This approval shall be for the establishment and operation of a billiards parlor as well as interior building improvements within an approximately 2,430 sq. ft. tenant space located at 5252 Beach Boulevard in substantial compliance with plans and business plan stamped RECEIVED MAR PLNG. DIV., except as conditioned herein. 2. The billiard establishment shall be operated in such a manner as to preclude problems of noise, congestion, interference with nearby activities and policing. The following conditions of operation shall apply. Failure of the property owner or proposed business to adhere to and enforce any of these provisions may be cause for modification or revocation of this conditional use permit. a. 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 billiards establishment, both during and after hours. b. Prior to any changes in the days and hours of operation of Beach Billiards, the applicant shall obtain written approval from the Community Development Director or his/her designee. The following are the specified days and hours of operation requested by the applicant: 10:00 a.m. to 2:00 a.m. Monday through Sunday No persons shall remain on the premises or within the establishment after closing hours. Page 3

44 Resolution No. Conditional Use Permit No. CU10-001M3 April 9, 2014 c. No live entertainment, including but not limited to, disc jockeys, karaoke, dancing, or similar activities, is permitted. d. No food or alcoholic beverages shall be sold or consumed within the establishment or the surrounding parking lot areas. Hot/cold non-alcoholic beverages and snacks may be dispensed from a vending machine within the establishment. e. A maximum of three (3) video or other game machines are permitted consistent with criteria established within Section of the Zoning Code pertaining to Game Machine Arcades. f. 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. g. Smoking is prohibited within the establishment at all times. 3. The entrance/exit doors on the east, west and south building walls shall be kept closed at all times and maintain panic hardware for emergency exiting purposes. 4. The approved use shall obtain and continuously maintain a current business license as required by the Buena Park City Code. 5. All signs shall conform to the Zoning and Sign Ordinances of the City and require separate approval. All areas of damage to the building due to the removal of prior signs, shall be refurbished to the satisfaction of the Planning Division. 6. There shall be no outdoor storage or display. 7. All trash bins shall be kept inside trash enclosures and gates closed at all times, except during disposal and pick-up. 8. All lighting and illuminated signs shall be designed to prevent glare upon streets, walkways, and surrounding residential property. Outdoor lighting shall comply with applicable ordinance standards. The required parking lot lighting levels shall be approved by the Planning Division before permits are issued. 9. Sufficient air conditioning/ventilation shall be provided and utilized to permit a comfortable interior environment with doors closed. No roof-mounted mechanical equipment shall be permitted unless such equipment is not visible from adjacent and surrounding properties and streets from height of five (5) feet above ground level. The installation and screening of air conditioning and similar equipment shall comply with existing design criteria and Section of the City Code. Page 4

45 Resolution No. Conditional Use Permit No. CU10-001M3 April 9, The commercial center and tenant space signs, lighting, and landscaping shall be maintained in operating order at all times. Trash, weeds, or debris on the property shall be removed immediately so as not to present a public nuisance. Graffiti on the building or associated improvements shall be removed immediately upon notification by the City. Parking lots shall be maintained in an attractive and suitable fashion with any potholes, significantly cracked or uneven paving and any other significant damage repaired in a timely fashion throughout the life of the project. 11. This Conditional Use Permit may be revoked for any violation of or noncompliance with any of these conditions in accordance with Section of the Zoning Ordinance. 12. The use authorized by this Conditional Use Permit shall be started within one (1) year of the expiration of the appeal period. 13. 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. 14. The 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. 15. Prior to commencement of the approved use, these conditions and all improvements shall be completed to the satisfaction of the City. 16. 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 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. Page 5

46 Resolution No. Conditional Use Permit No. CU10-001M3 April 9, 2014 PASSED AND ADOPTED this 9th day of April 2014 by the following called vote: AYES: NOES: ABSENT: ABSTAINED: COMMISSIONER: COMMISSIONER: COMMISSIONER: COMMISSIONER: CHAIRPERSON ATTEST: 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. CU10-001M3 and do agree that I/We conform with and abide by all such conditions. Date: Applicant s Signature RECU10-001M3 Page 6

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48 RESOLUTION NO CONDITIONAL USE PERMIT NO. CU A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF CONDITIONAL USE PERMIT NO. CU10-001, TO ESTABLISH AND OPERATE A BILLIARD PARLOR AS WELL AS BUILDING AND SITE IMPROVEMENTS AT 5256 BEACH BOULEVARD IN AN EXISTING MULTI-TENANT COMMERCIAL DEVELOPMENT LOCATED WITHIN THE CS (COMMUNITY SHOPPING) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) P.A. Poon & Son Inc, property owner, Beach Boulevard, Suite 103, Huntington Beach, CA 92684, and W Marketing/Yeon Jin Lee, project proponent, Mardel Drive, Cypress, CA 90630, have filed an application for the issuance of Conditional Use Permit No. CU to establish and operate a billiard parlor as well as building and site improvements at 5256 Beach Boulevard, Buena Park, California (APN: ) in the County of Orange. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the application. (ii) On February 24, 2010, this Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Buena Park 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 JAN PLNG. DIV., this Commission hereby specifically finds as follows: a. The proposed billiard parlor is consistent with the General Plan and Zoning Ordinance, as conditioned. The project will increase the economic viability of the property while serving the recreational needs of the surrounding community, in compliance with applicable standards of the zone.

49 Resolution No Conditional Use Permit No. CU February 24, 2010 b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the proposed billiard parlor since the site was originally developed to contain businesses of similar scale and intensity. c. Adequate parking, street access, and traffic capacity are available to serve the proposed use as well as existing and anticipated development in the surrounding area. The project will not cause traffic disruption in the area and proper on-site circulation will not be compromised, especially in view of the increased parking provided and the fact that the property was developed for commercial uses. d. Adequate utilities and public services are available to serve the proposed use as well as existing and anticipated development in the surrounding area. The site is fully developed and meets the City standards for public services and utilities to serve the site. e. The proposed billiard parlor will be compatible with the area character, as conditioned to limit intensity. The site is an established multi-tenant commercial property with uses of similar scale and intensity. The billiard parlor will benefit the surrounding community as well as increase the economic viability of the commercial site. 3. 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 to Class 1, Section 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 approves the application subject to the plans stamped RECEIVED JAN 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: FIRE AUTHORITY: 1. Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the Orange County Fire Authority Plan Submittal Criteria Form. Please contact the OCFA at (714) for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. Page 2

50 Resolution No Conditional Use Permit No. CU February 24, Prior to the issuance of a building permit, the applicant shall submit plans for any addition or modification to the existing automatic fire sprinkler system in the structure to the Fire Chief for review and approval. The applicant may contact the OCFA at (714) to request a copy of the Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems. 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. PLANNING DIVISION: 1. This approval shall be for the establishment and operation of a billiard parlor as well as building and site improvements within an approximately 2,866 sq. ft. tenant space located at 5256 Beach Boulevard in substantial compliance with plans and business plan stamped RECEIVED JAN PLNG. DIV., except as conditioned herein. 2. The following architectural amenities shall be included on the enhanced building exterior in substantial compliance with plans stamped RECEIVED JAN PLNG. DIV. and as conditioned herein, with details and specifications to be provided on plans submitted for plan check: a. Demolish all existing service bay roll-up doors. b. New storefront with aluminum frames and clear tempered glass to match the existing commercial center. c. New smooth stucco finish surrounding the new storefronts to match adjacent storefronts. 3. The existing concrete block and wood exterior finishes surrounding the existing service bay doors shall be modified to maintain a consistent stucco finish surrounding the new storefronts. 4. All existing deteriorated wood siding along the southern portion of the former Just Tires tenant space storefront shall be repaired or replaced to the satisfaction of the Planning Division. 5. Materials and color samples shall be submitted for Planning Division review and approval before permits are issued and/or painting commences. Page 3

51 Resolution No Conditional Use Permit No. CU February 24, Within 6 months of commencement of billiard parlor operations, a status report shall be submitted to the Planning Commission. 7. 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. 8. The billiard establishment shall be operated in such a manner as to preclude problems of noise, congestion, interference with nearby activities and policing. The following conditions of operation shall apply. Failure of the property owner or proposed business to adhere to and enforce any of these provisions may be cause for modification or revocation of this conditional use permit. a. 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 billiards establishment, both during and after hours. b. Hours of operation shall be limited to the hours of 10:00 a.m. and 12:00 a.m. Monday through Sunday. No persons shall remain on the premises or within the establishment after closing hours. c. No live entertainment, including but not limited to, disc jockeys, karaoke, dancing, or similar activities, is permitted. d. No food or alcoholic beverages shall be sold or consumed within the establishment or the surrounding parking lot areas. Hot/cold nonalcoholic beverages and snacks may be dispensed from a vending machine within the establishment. e. A maximum of three (3) video or other game machines are permitted consistent with criteria established within Section of the Zoning Code pertaining to Game Machine Arcades. f. 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. g. Smoking is prohibited within the establishment at all times. h. A security plan, including employment of a licensed, uniformed security guard, shall be prepared by the applicant and approved by the Chief of Police, and implemented at all times. The uniformed security guard shall be employed by a licensed security company. A responsible adult Page 4

52 Resolution No Conditional Use Permit No. CU February 24, 2010 employee of the establishment shall be on duty throughout the hours that the establishment is open. The approved Security Plan shall include the following: (1) A minimum of one uniformed security guard be present at all times between the hours of 6:00 p.m. and 12:30 a.m. or until 30 minutes after closing time. The uniformed security guard(s) shall be employed by a licensed security company. (2) Bag searches required upon entrance to the facility to verify that no outside drinks or prohibited items are brought into the facility. (3) In order to more fully provide for safety of patrons, any security personnel required shall be able to reasonably communicate with emergency personnel who may be called to the premises in an emergency. (4) Applicant and persons in his/her employ shall immediately contact the Buena Park Police Department to report any incident or disturbance requiring law enforcement intervention, and/or report the request of any patron, employee or other occupant for police to respond. 9. The entrance/exit doors on the east and west building walls shall be kept closed at all times and maintain panic hardware for emergency exiting purposes. The east door shall be restricted to employee entrance and exit only. No patrons shall utilize the east door except in case of emergency. A sign shall be located adjacent to the east door indicating that the patrons shall not enter or exit the premises through the east door except in case of emergency. 10. The approved use shall obtain and continuously maintain a current business license as required by the Buena Park City Code. 11. The parking lot adjacent to the subject tenant space shall be repaved and restriped to provide a consistent unbroken surface including the new parking area in compliance with Chapter of the Zoning Ordinance including white double lines separating stalls, with min. 4 wide stripes and min. 8 separation, and in compliance with the approved plan. Installation of speed bumps shall not be permitted. All landscaped areas as well as a min. 4 ft. wide raised portland cement concrete (p.c.c.) walkway adjacent to the building shall be separated from adjacent vehicular areas by a p.c.c. curb a minimum of 6 inches in height. 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 do not detrimentally affect drainage. 12. All signs shall conform to the Zoning and Sign Ordinances of the City and require separate approval. All areas of damage to the building due to the Page 5

53 Resolution No Conditional Use Permit No. CU February 24, 2010 removal of prior signs, shall be refurbished to the satisfaction of the Planning Division. 13. There shall be no outdoor storage or display. 14. All trash bins utilized by the subject business shall be concealed within the existing trash enclosures and continuously secured with a locking mechanism. 15. All lighting and illuminated signs shall be designed to prevent glare upon streets, walkways, and surrounding residential property. Outdoor lighting shall comply with applicable ordinance standards. The required parking lot lighting levels shall be approved by the Planning Division before permits are issued. 16. Sufficient air conditioning/ventilation shall be provided and utilized to permit a comfortable interior environment with doors closed. No roof-mounted mechanical equipment shall be permitted unless such equipment is not visible from adjacent and surrounding properties and streets from height of five (5) feet above ground level. The installation and screening of air conditioning and similar equipment shall comply with existing design criteria and Section of the City Code. 17. The commercial center and tenant space signs, lighting, and landscaping shall be maintained in operating order at all times. Trash, weeds, or debris on the property shall be removed immediately so as not to present a public nuisance. Graffiti on the building or associated improvements shall be removed immediately upon notification by the City. Parking lots shall be maintained in an attractive and suitable fashion with any potholes, significantly cracked or uneven paving and any other significant damage repaired in a timely fashion throughout the life of the project. 18. This Conditional Use Permit may be revoked for any violation of or noncompliance with any of these conditions in accordance with Section of the Zoning Ordinance. 19. The use authorized by this Conditional Use Permit shall be started within one (1) year of the expiration of the appeal period. 20. 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. 21. The 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. Page 6

54 Resolution No Conditional Use Permit No. CU February 24, Prior to commencement of the approved use, these conditions and all improvements shall be completed to the satisfaction of the City. 23. 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 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 February 2010 by the following called vote: AYES: 6 COMMISSIONERS: Chambers, Diep, Capelle, Gonzales, McGuire, and Barstow NOES: 1 COMMISSIONER: Schoales ABSENT: 0 COMMISSIONER: ABSTAINED: 0 COMMISSIONER: Larry Barstow Chairman ATTEST: Page 7

55 Resolution No Conditional Use Permit No. CU February 24, 2010 Joel W. Rosen, AICP 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. CU and do agree that I/We conform with and abide by all such conditions. Date: RECU10-001proposed Applicant s Signature Page 8

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61 City of Buena Park April 9, 2014 Conditional Use Permit No. CU10-001M3 Project Vicinity Map

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