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

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1 AGENDA Planning Commission MEETING DATE AND TIME: October 24, :00 p.m. MEETING LOCATION: COUNCIL CHAMBER 6650 BEACH BOULEVARD BUENA PARK, CALIFORNIA 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. Appeal period ends on November 8, CALL TO ORDER / FLAG SALUTE: ROLL CALL: Barstow, Capelle, Chung, Desai, Diep, Schoales, and McGuire 1. APPROVAL OF MINUTES: PC Meeting September 26, 2018 Adjourned PC Meeting October 10, 2018 RECOMMENDED ACTION: Approve PUBLIC HEARING: NEW BUSINESS: 2. SITE PLAN NO. SP / VARIANCE NO. V / PARCEL MAP NO. PM A request to construct a new two-story single family home with Variance from Section of the Zoning Code for required minimum street frontage in conjunction with a request to subdivide one lot into two separate lots located at 9162 Holder Street within the RS-6 (One- Family Residential) zone. The project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Section 15332, Class 32 (In-Fill Development). PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: Cashflow Investments LLC 126 Calderon Irvine, CA JWY Design, Inc Schabarum Avenue Irwindale, CA Adopt Resolution of Approval 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.

2 Planning Commission Agenda October 24, 2018 Page 2 AGENDA FORECAST: STAFF REPORTS: COMMISSION REPORTS: ADJOURNMENT: To the regularly scheduled Planning Commission meeting on Wednesday, November , at 7:00 p.m. in the City Council Chamber PCAG

3 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No CITY OF BUENA PARK MINUTES OF CITY PLANNING COMMISSION September 26, 2018 The regular meeting of the Planning Commission of the City of Buena Park convened at 7:00 p.m. on September 26, 2018, in the City Council Chamber, 6650 Beach Boulevard, Buena Park, California with Chair McGuire presiding. PRESENT: COMMISSIONERS: Barstow, Capelle, Chung, Desai, Diep, Schoales, and McGuire Joel W. Rosen, AICP, Director of Community Development Brady M. Woods, Planning Manager Swati Meshram, Ph D, AICP, LEED AP, Associate Planner Braulio M. Moreno, Assistant Planner Amir Modarressi, Interim Assistant City Engineer John W. Lam, Assistant City Attorney Ruth Santos, Senior Administrative Assistant 1. APPROVAL OF MINUTES September 12, 2018 RECOMMENDED ACTION: Approve Commissioner Desai abstained from voting on this item due to his absence at the Planning Commission meeting of September 12, The MOTION CARRIED unanimously. AYES: 6 COMMISSIONERS: Barstow, Capelle, Chung, Diep, Schoales, and McGuire NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAIN: 1 COMMISSIONERS: Desai NEW BUSINESS: 2. MODIFICATION OF A SITE PLAN NO. MSP A request to modify previously approved Site Plan No. SP-1256 allowing for exterior architecture and signage modifications to an existing restaurant with drive-through, as well as 24-hours of operation in conjunction with a new Starbucks Coffee restaurant with drivethrough located at 7611 Beach Boulevard within the ECSP (Entertainment Corridor Specific Plan) zone. The project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Section Class 1 (Existing Facilities). PROPERTY OWNER: Buena Park Beach LLC 4455 E. Camelback Road, Unit E180 Phoenix, AZ 85018

4 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No APPLICANT: RECOMMENDED ACTION: WD Partners Von Karman, Suite 600 Irvine, CA Adopt Resolution of Approval In reply to Chair McGuire, Ms. Santos stated that staff had received no written communication on the item. The staff report was presented by Brady M. Woods, Planning Manager. The property under application is located on the west side of Beach Boulevard, north of El Capitan Way, and is part of an integrated development which includes an existing Outback Steakhouse restaurant. The property measures 0.59 acres in size, and maintains street frontages of 132 ft. and 350 ft. along Beach Boulevard and El Capitan Way, respectively. It carries a General Plan designation of Tourist Entertainment, a Zoning classification of ECSP (Entertainment Corridor Specific Plan), and is currently improved with a 3,360 sq. ft. onestory fast-food restaurant operating as a Burger King. SURROUNDING LAND USE CHARACTERISTICS: GENERAL PLAN ZONING EXISTING LAND USE North Tourist Entertainment ECSP Outback Steakhouse Restaurant South Tourist Entertainment ECSP Courtyard Marriott Hotel East Tourist Entertainment ECSP Pirates Dinner Theater West Low Density Residential RS-6 Single Family Residential Staff recommends that the Planning Commission adopt a Resolution approving Modification of Conditions No. MSP The development for the Outback Steakhouse restaurant and the location of a fast food restaurant were approved under Conditional Use Permit No. CU-1256 (CUP) on September 13, The approval allowed for the development of the fast food restaurant with drivethrough with its design to be subsequently approved by the Planning Commission via the Site Plan review procedure. On February 14, 2001, the Planning Commission approved Site Plan No. SP-1256 for the exterior design of a Burger King restaurant, with conditions including prohibiting operations of the drive-through order board speaker before 7:00 a.m. or after 10:00 p.m. The Site Plan approval and the CUP did not restrict business hours of the fast food restaurant. The submitted application and plans request approval of the design for a new Starbucks Coffee restaurant, which will replace the existing Burger King restaurant on the subject property. No expansion of the building is proposed; however, the exterior will be modified to reflect the Starbucks brand. The medieval castle design of the building will be replaced with a more contemporary design and color palette. The building s faux stone exterior finish will remain but the faux castle parapet features will be replaced with a sleek roof cornice and raised parapet walls, the existing colored concrete tile roof will be replaced with a colored standing seam roof, and the exterior cladding of the drive-through tower will be replaced with a wood finish.

5 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No The plans denote signage for the Starbucks restaurant, including an illuminated logo disc on the east building elevation over the main entrance, an illuminated channel letter sign to read Starbucks and an illuminated directional cabinet sign to read Drive-Thru on the west elevation, and an illuminated logo disc on the drive-through tower. The site layout and building configuration remain the same as originally approved under the CUP. The Starbucks restaurant will maintain a total square footage of 3,146 sq. ft. No outdoor dining areas or serving/consumption of alcoholic beverages are proposed with this request. The building will maintain 27 ft. setbacks from both Beach Boulevard and El Capitan Way with the 13 ft. wide drive-through lane adjacent to the street with a 14 ft. wide landscape berm to assist in shielding the lower part of vehicles. As originally approved, access to the site will be from a 28 ft. wide driveway from Beach Boulevard and a 25 ft. wide driveway from El Capitan Way. With no building expansion proposed, on-site parking will be consistent with the original approval; 123 spaces are provided to service both the Starbucks and Outback restaurants (Code requires 96 parking spaces). The applicant is proposing 24-hours of operation for the restaurant, including the interior café and the drive-through. Acknowledging that the primary source of exterior noise will be from the drive-through intercom equipment, the applicant is proposing to install a HME Intercom System to reduce the amount of sound generated by the drive-through intercom. The HME Intercom System will be equipped with an automatic volume control system. During hours with lower levels of business, the ambient noise level will be lower due to lower traffic volumes; to which the HME Intercom System will automatically reduce the sound level produced by the intercom. Conditions of approval for the CUP required the applicant to gain Planning Commission approval for the exterior design of the Burger King restaurant via the Site Plan review procedure. Appreciable modifications to the existing Site Plan No. SP-1256 also requires Planning Commission review via the Site Plan process. In assessing the applicant s request, Staff reviewed plans, visited the site and surrounding area, and is of the opinion that the building is adequate to support the proposed modifications without negatively impacting the subject and surrounding properties. The proposed design of the building is considered to be in general compliance with the standards of the Specific Plan. While the architectural modifications for the Starbucks restaurant will not reflect the same design as the frontier architecture of the Outback Steakhouse restaurant, Staff is of the opinion that the beige color palette with green accents and exterior wood finishes of the Starbucks will blend well with Outback s beige and green color scheme while maintaining its own brand identity. Staff feels that the site functions adequately within the context of the surrounding properties and that the building complies with the City code requirements for setbacks, access, landscaping, and architectural design. The project does not alter the approved number of parking spaces within the parking lot, which was designed in excess of Code requirements. Additionally, the applicant s request for 24-hour operations is consistent with other tourist commercial businesses along the Beach Boulevard entertainment corridor. The nearby IHOP and Denny s restaurants are both open 24 hours, as are adjacent hotels which serve tourists arriving to Buena Park at any time. However, Staff is cognizant of the restaurant s proximity to existing single family residential located approximately 270 ft. to the west, and feels the applicant s use of advanced intercom technology should be adequate in minimizing potential nuisance sounds generated by the drive-through operations.

6 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No The applicant s request will assist in advancing the long term vision for this area along Beach Boulevard as identified in the City s General Plan. The subject property is located within the General Plan s Entertainment Corridor Focus Area which is envisioned as a pedestrianfriendly and tourist-oriented destination that connects Knott s Berry Farm to the Mall and other visitor-serving uses along Beach Boulevard. Staff feels that the proposal will provide unique urban design features, including landscaping, streetscape, and signage enhancements along Beach Boulevard consistent with the area character and identity. The proposed building renovation has been designed to successfully integrate the subject property into the surrounding commercial development pattern along Beach Boulevard. The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA) has been deemed to be exempt from CEQA per Section 15301, Class 1 (Existing Facilities) No public notice is required for this application; however, Staff mailed 15 notices to adjacent property owners on September 14, Chair McGuire asked if there were any questions for staff. Commissioner Barstow asked what percentage of sales is generated by drive-through. Commissioner Schoales asked staff to identify, from the aerial view of the drive-through window, where the speaker will be located. Mr. Woods said the speaker, labeled as number 5 on the applicant s site plan illustration, will face El Capitan Way. Chair McGuire asked what the City standard is on stacking of cars headed to the menu board/drive-through window. He said the Starbucks restaurant along La Palma Avenue, across from the Buena Park Mall, often has customer cars stacked all the way out through the street and the parking lot. He also asked if the former business received complaints from the hotel across the street because some of the rooms face the menu board. Chair McGuire asked how many cars go through Starbuck s drive-through on a daily basis. Mr. Woods said he is not aware of any complaints from the hotel. In response to Chair Mc Guire, Mr. Rosen said there is no car stacking standard for drivethrough windows; proposals are reviewed on a case-by-case basis. Commissioner Diep asked if Starbucks has staff outside taking orders from drive-through customers. Commissioner Diep noted, and Mr. Woods confirmed, that the aerial photo shows a landscaped berm separating the drive-through lane and the sidewalk along El Capitan Way. Commissioner Diep referred to the shared parking between two parcels and asked if the proposal exceeds parking requirement. She also asked if eliminating five or six spaces on the west side of the drive, to allow more space for queuing, will lead to sub-standard number of parking spaces.

7 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No Mr. Woods said the proposal exceeds parking requirement by 27 spaces; thus, elimination of five of six spaces to allow for queuing may not negatively impact parking upon further study. Commissioner Diep noted that the proposed location has limited space compared to the Starbucks restaurant along La Palma Avenue, which has different configurations and various ingress and egress. She asked what steps staff would take if there is a stacking or overflow of cars at the proposed location. Mr. Rosen said staff would meet with Starbucks management to discuss operational and/or design changes to reduce hazard, which may require review and approval by Planning Commission. Chair McGuire stated that this is not a public hearing; however, if there is anyone wishing to speak on the item, please come forward and state their name and address for the record. Fenn Moun, applicant representative, WD Partners, Von Karman, Suite 600, Irvine, CA 92612, said their proposal includes noise mitigation measures such as an adjustable volume control system on the drive-through intercom. In response to Commissioner Barstow s question, Mr. Moun said their drive-through business generates 60% of sales. Jon Alpert, applicant representative, introduced himself as the Director of Design for Starbucks, with offices located in Fountain Valley. He said they do not have the exact number of cars daily to equate to 60% drive-through sales; however, he assured the Commission that their proposal, including design and streamlined operation from order point to delivery at the window to expedite movement of cars, is based on studies conducted to prevent overflow/stacking of cars lined up towards the drive-through. In response to Commissioner Diep s question, Mr. Alpert said Starbucks does not have staff outside to take orders from drive-through customers. Commissioner Diep asked if staff can submit a status report to Planning Commission six months after the start of operation. Mr. Rosen said Planning Commission may include the status report in the recommendation. There being no one else wishing to speak on the matter, Chair McGuire advised that the item requires a Resolution for approval or denial with findings. Commissioner Capelle moved, and Commissioner Barstow seconded, the motion to adopt the Resolution approving Modification of a Site Plan No. MSP with findings of fact and conditions therein, and with an added condition requiring staff to provide a report regarding on-site traffic and drive-through circulation conditions to the Planning Commission six months from the date the restaurant begins operation.

8 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No RESOLUTION NO MODIFICATION OF CONDITIONS NO. MSP A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR MODIFICATION OF CONDITION NO. MSP FOR THE EXTERIOR BUILDING DESIGN, SIGNAGE, AND HOURS OF OPERATION OF A PREVIOUSLY APPROVED FAST FOOD DRIVE-THROUGH RESTAURANT AT 7611 BEACH BOULEVARD WITHIN THE ECSP (ENTERTAINMENT CORRIDOR SPECIFIC PLAN) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF AYES: 7 COMMISSIONERS: Capelle, Barstow, Chung, Desai, Diep, Schoales, and McGuire NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAINED: 0 COMMISSIONER: PUBLIC HEARING: OLD BUSINESS: 3. CONDITIONAL USE PERMIT NO. CU A request to establish a billiards parlor (relocating from 5252 Beach Boulevard) at 5254 Beach Boulevard within an existing multi-tenant commercial development in the Community Shopping (CS) zone. The project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Section 15301, Class 1 (Existing Facilities) PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: P.A. Poon and Son, Inc Beach Boulevard, Suite 103 Huntington Beach, CA W Marketing 5252 Beach Boulevard Buena Park, CA Adopt Resolution of Approval In reply to Chair McGuire, Ms. Santos stated that staff had received no written communication on the item. The staff report was presented by Swati Meshram, Associate Planner. The subject property is located at the northeast corner of Beach Boulevard and Malvern Avenue. General Plan land use designation is Commercial Office Mixed-Use (OCM); zoning designation is Community Shopping (CS); and the property is developed with a multi-tenant shopping center.

9 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No SURROUNDING LAND USE CHARACTERISTICS: North GENERAL PLAN ZONING EXISTING LAND USE RM-10 Multi Family Residential Medium-Density Residential South OCM CS East Medium Density Residential RM-10 West PD and OCM PD and CS Commercial Shopping Center Condominiums Commercial Shopping Center Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU with findings of fact and conditions. 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 28,977 sq. ft. integrated shopping center containing a variety of businesses. The existing 2,275 sq. ft. Beach Billiards establishment proposes to relocate into a new 1,376 sq. ft. tenant space within the same shopping center, located at 5254 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 CU M1 was approved revising the business hours of operation from 10:00 a.m. to 12:00 midnight daily to 12:00 noon to 2:00 a.m. daily. On January 15, 2013, Conditional Use Permit CU10-001M2 was approved eliminating the requirement for an on-site security guard. On April 9, 2014, Conditional Use Permit CU10-001M3 was approved relocating the billiards parlor from 5256 Beach Boulevard to 5252 Beach Boulevard. The application, plans and business plan propose operation of the 1,376 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 5252 Beach Boulevard to 5254 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, may be purchased from vending machines provided within the establishment. The proposed hours of operation for the billiards parlor will be from 10:00 a.m. to 2:00 a.m. Monday through Sunday. The interior of the new tenant space will accommodate five (5) billiard tables, a centralized self-service vending machine area, office, two storage areas, one service sink and one unisex restroom facility. Compliance with Building Code for the business size and occupancy will be required as part of conditions of approval. The submittal plans do not indicate any building exterior improvements. The submittal site plan indicates 201 parking spaces for the overall shopping center. This includes 61 compact spaces which is permissible by the Zoning Code. The required parking

10 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No for the existing uses as well as the proposed billiards parlor is 201 spaces. It is not anticipated that the new billiards location will negatively affect the available parking within this shopping center. 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 approximately eight 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. 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 next door, within the same 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 August 8, 2018, 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. The project is Class 1, Section (Existing Facilities), categorically exempt from CEQA. Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Event Center on August 31, 2018, and 118 notices were mailed to property owners within a 300 ft. radius of the subject property on August 31, Chair McGuire asked if there were any questions for staff. Commissioner Desai asked if there are changes in parking requirement. Dr. Meshram said there is no increase in parking requirement because the use is relocating to a smaller tenant location within the plaza. This application will reduce the parking required for this business.

11 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No Chair McGuire stated that this is a public hearing. If there is anyone wishing to speak on the item, please come forward and state their name and address for the record. Yeonjin Lee, applicant, confirmed that what is being proposed is a smaller billiards parlor. He said he has been in business for eight years, and the billiards place is for everyone to enjoy. There being no one else wishing to speak on the matter, Chair McGuire closed the public hearing and advised that the item requires a Resolution for approval or denial with findings. Commissioner Barstow moved, and Commissioner Diep seconded, the motion to adopt the Resolution approving Conditional Use Permit No. CU with findings of fact and conditions therein. RESOLUTION NO CONDITIONAL USE PERMIT NO. CU A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST TO ESTABLISH A BILLIARDS PARLOR (RELOCATING FROM 5252 BEACH BOULEVARD) AT 5254 BEACH BOULEVARD WITHIN AN EXISTING MULTI-TENANT COMMERCIAL DEVELOPMENT LOCATED IN THE CS (COMMUNITY SHOPPING) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF AYES: 7 COMMISSIONERS: Barstow, Diep, Capelle, Chung, Desai, Schoales, and McGuire NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAINED: 0 COMMISSIONER: 4. CONDITIONAL USE PERMIT NO. CU A request to construct a 26,025 square-foot, 3-story Contractor s Yard with warehouse and office building located on vacant lots at 8402 and 8422 Commonwealth Avenue in the Light Industrial (ML) zone. The project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Section 15332, Class 32 (In-Fill Development). PROPERTY OWNER: APPLICANT: Exbon Developments, Inc Newhope Street Garden Grove, CA Fore Architects, Inc. 110 E. 9 th Street, Suite C700-D Los Angeles, CA 90079

12 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No RECOMMENDED ACTION: Adopt Resolution of Approval Mr. Lam announced that Commissioner Schoales will abstain from voting on this item due to possible conflict of interest because his place of residence is within 500 ft. of the proposed project. Commissioner Schoales exited the Council Chamber. In reply to Chair McGuire, Ms. Santos stated that staff had received no written communication on the item. The staff report was presented by Swati Meshram, Associate Planner. The site is 1.37 acres in size and is located on the southwest corner of Commonwealth Avenue and Dale Street, 190 ft. west from the center line of Dale Street. Street frontage along Commonwealth Avenue is 239 ft. The site is zoned ML (Light Industrial). General Plan designation of the property is Light Industrial. The property is currently vacant and lies in the Commonwealth Corridor Focus Area. FAR of up to 0.6 is allowed. There is a five ft. wide easement along the south property line for the west 80 ft. of the property. The easement then becomes ten ft. wide as it traverses east-west through the remainder of the property. These easements are held by City of Buena Park (for sewer proposes), Frank Emerson Lucas, and Southern California Edison. There is an existing power pole with overhead lines close to the eastern property line. SURROUNDING LAND USE CHARACTERISTICS: General Plan Zoning Existing land use North Light Industrial ML (Light Industrial) Multi-tenant commercial building South Low Density RS-6 (One family Single family residences Residential Residential) East Light Industrial CG (Commercial General) Autologue West Light Industrial ML (Light Industrial) Buena Park Dental Center Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU with the findings of fact and conditions listed herein. The submitted application and plans propose a 24,237 sq. ft. 3-story building consisting of 1,883 sq. ft. warehouse and 22,354 sq. ft. associated office, and related site improvements. Staff conducted a community meeting on May 29, There was overall support for the project with below mentioned concerns: Off-site drainage Hours of construction Reduction of curb space for on-street parking along Commonwealth Ave Airplane safety for the new development Trucks and noise generated from the trucks

13 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No Employees littering their backyard from across the fence Building height along south property line Staff mentioned that there will be adequate parking for the development on-site and the curb parking will continue to be available to public. Height of the building within 50 ft. of the residential properties to south will be limited in height in compliance with Buena Park Zoning Code. The site currently has two vehicular access points along Commonwealth Avenue. The existing driveway on the west of the property shall be modified to comply with ADA requirements. The second driveway will be relocated to 20 ft. from the east property line. This access will be right-in right-out only, due to the existing landscaped median on Commonwealth Avenue at this location. Both driveways meet the Zoning Code driveway standards for driveway width and length. A gated pedestrian access is provided between the two vehicular access points, leading to the main pedestrian entrance of the business. Total parking required is 92 spaces. Ninety-two parking spaces are proposed and therefore meet the parking requirement. Twelve of these are compact parking stalls. All spaces have wheel stops, except along the south west corner of the property where the parking overhangs two ft. into the landscape buffer. Two code required loading spaces are provided. There are four ADA compliant spaces including 2 van spaces, and there are eight designated clean air vehicles spaces. The plans depict a building in the middle of the site with parking along the periphery. The plans meets all setback requirements including front yard, rear yard abutting property in residential zone, side yards, landscape buffer along streets, landscaped buffers along residential zones, and front parking setback. Trash enclosure is located and arranged for ease of pick-up and does not interfere with other activities on site. A concrete pad for placements of an electrical transformer is provided at the northwest corner of the site. Staff has added a condition of approval that any at-grade, onsite electrical or mechanical equipment shall be appropriately screened from public view. First floor consists of 8,787 sq. ft. of office area including a reception with lobby, offices, conference room, storage room, employee exercise room, showers, and dining area, in addition to 1,883 sq. ft. warehouse. There is a rear pedestrian entry into the building at this level. Second floor plan consists of 10,444 sq. ft. of office space with meeting rooms, restrooms, and a court-yard open seating area. The second floor is accessed by two different internal stair cases and an elevator. This floor also has an additional staircase to directly access the third floor above. Portion of the second floor above the lobby on the first floor is open to below. Second floor north, east and part of the west external walls project beyond the firstfloor foot-print below. Also, a portion of the south external wall is recessed from the first-floor foot-print below to comply with the building height regulation for proximity from the residential properties within 50 ft. at this location. Third floor consists of 3,123 sq. ft. space for future office expansion, restrooms, and utility rooms. Portion of the second-floor roof will be accessible and utilized as outdoor seating

14 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No area. Remainder of the second-floor roof will be utilized for housing mechanical equipment. Third floor access is via two internal stair cases and an elevator. Interior architectural details are consistent with the exterior contemporary architectural style, with exposed painted metal stairs, exposed painted metal chevron structural bracing, and exposed painted mechanical ducts. Architecturally, the building has been designed with contemporary urban industrial/ office architecture incorporating a variety of modern forms and finishes including metallic wall sidings, cement plaster, and glass. The contemporary metallic finishes will be complemented by live vines attached to the building façade. Along with various materials, facade design with several horizontal and vertical undulations provides visual interest. Gutter and downspouts are external and will be painted to match the building. Proposed overall building height of 41 ft. height, stepping down to 14 ft. within 50 ft. of the residential zone on the south of the site, is compliant with the height requirements of the Zoning Code. Further, the Federal Aviation Administration has conducted an aeronautical study and confirmed that the proposed structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Nine percent parking lot landscaping is provided which exceeds the minimum requirement. Proposed landscaping consists of a variety of ground covers and shrubs such as a mix of ornamental grasses and succulents as understory plants at the base of Strawberry trees along the front property line and Western Redbud trees along the south property line. The submittal plans show a six ft. tall wrought iron fence within the required front setback area where a fence taller than 3.5 ft. non-view obscuring fence may not be permitted. A condition of approval has been added to the proposed Resolution restricting the fence height and design. There are existing fences along the south, portion of west and east property lines constructed of varying materials and at varying heights, which the applicant proposes to replace with eight ft. high concrete block walls. Per the Zoning Code, where an industrial development abuts a residential zone, a decorative fence is required to be placed along the property line. An eight foot tall decorative block wall is proposed along the southerly property line. The fence along east and west property lines meets the Zoning Code. In reviewing the applicant s request and plans, staff visited the current EXBON headquarters in Garden Grove, subject property, and reviewed the site and building configuration as well as layout of the surrounding properties. Based on this review and community feedback received, Staff feels that the design of the proposed warehouse and associated office, addresses the concerns expressed by the community, and will be compatible with the existing development patterns without any negative effects. As conditioned, the project meets all applicable requirements of the Buena Park Zoning Code. The subject property is of significance because it marks the entry-point into the City of Buena Park from the City of Fullerton along Commonwealth Avenue. Proposed architecture is befitting such a location.

15 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No The property is currently vacant and is zoned for light industrial use. This use as well as proposed design is congruous with the requirements of Fullerton Municipal Airport which is in close proximity of the location. Office and warehouse hours of operation are between 7:00 am and 7:00 pm, and the development is anticipated to provide employment to 80 people (50 people initially with possible expansion to 30 additional people, who will be located on the proposed third floor). Nature of the business involves storage of construction materials and equipment. No noise causing activities are proposed on-site which may create negative impact to the single-family residences on the south. However, staff has placed a condition of approval to limit any potential noise to remain below City adopted noise and nuisance standards. Further, The Orange County Airport Land Use Commission has requested that the building be designed to reduce the interior noise from aircraft over flight to 45 db for health and safety of workers within the proposed building, which has been added to the conditions of approval. Appropriate vehicle circulation with sufficient on-site parking is being provided to assure safe and convenient access and egress, and allay the neighbors concerns. Overall, the proposed contractor s yard and office design and configuration promotes optimum utilization of the vacant site. As proposed, the architectural and site design for the development will include high quality materials and features to create an attractive development consistent for this location. The project is Class 32, Section (Infill Development), categorically exempt from CEQA Guidelines and is also found to be within the scope of the previously certified Program EIR for the Buena Park 2035 General Plan Update (SCH # ). Notice of public hearing was posted at City Hall, the Buena Park website, the Buena Park Library, and Ehlers Event Center on August 31, 2018, and 31 notices were mailed to property owners within a 300 ft. radius of the subject property on August 31, Chair McGuire asked if there were any questions for staff. Commissioner Diep asked for a description of the material for the proposed 8 ft. block wall and asked if the applicant will coordinate with adjacent property owners on the wall. Dr. Meshram said staff discussed the demolition of the existing fences and the proposed CMU (Concrete Masonry Unit) block wall at the community meeting. The applicant will coordinate with adjacent property owners regarding the demolition and construction of the new wall. Commissioner Desai asked for more information on the warehouse. Chair McGuire asked if the site is large enough to require applicant to detain storm water on site. Mr. Modarressi said the applicant is required to file a Water Quality Management Plan, which will include onsite infiltration. He said there will be some infiltration outside and the rest of the water goes to the street.

16 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No Chair McGuire stated that this is a public hearing. If there is anyone wishing to speak on the item, please come forward and state their name and address for the record. Ryan Chun, applicant, Fore Architects, Inc., 110 E. 9 th St., Suite C700-D, Los Angeles, CA 90079, said the warehouse will be for storage of expensive tools and machines and will not trigger heavy traffic. He said the proposed block wall will secure adjacent residential areas, the two loading zones will comply with Code, and the warehouse will close at 5:00 p.m., thereby eliminating noise concerns. There being no one else wishing to speak on the matter, Chair McGuire closed the public hearing and advised that the item requires a Resolution for approval or denial with findings. Commissioner Capelle moved, and Commissioner Diep seconded, the motion to adopt the Resolution approving Conditional Use Permit No. CU with findings of fact and conditions therein. 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. CU TO CONSTRUCT A 24,237 SQ. FT. THREE-STORY BUILDING ESTABLISHING A CONTRACTOR S YARD WITH WAREHOUSE AND ASSOCIATED OFFICE; AND ASSOCIATED SITE IMPROVEMENTS AT TWO CURRENTLY VACANT PARCELS LOCATED AT 8422 COMMONWEALTH AVENUE WITHIN THE ML (LIGHT INDISTRIAL) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF AYES: 6 COMMISSIONERS: Capelle, Diep, Barstow, Chung, Desai, and McGuire NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAINED: 1 COMMISSIONER: Schoales Commissioner Schoales returned to the Council Chamber. NEW BUSINESS: 5. CONDITIONAL USE PERMIT NO. CU A request to allow the sale of beer and wine for on-site consumption at a proposed restaurant (Ramen Udon Tempura) located at 5252 Beach Boulevard in the Community Shopping (CS) zone. The project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Section 15301, Class 1 (Existing Facilities).

17 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: P.A. Poon and Son, Inc Beach Boulevard, Suite 103 Huntington Beach, CA W. Marketing 5252 Beach Boulevard Buena Park, CA Adopt Resolution of Approval In reply to Chair McGuire, Ms. Santos stated that staff had received no written communication on the item. The staff report was presented by Braulio M. Moreno, Assistant Planner. The property under application is located at 5252 Beach Boulevard north of Malvern Avenue and east of Beach Boulevard, within the Los Coyotes Plaza. The property has street frontages of 526 ft. on Beach Boulevard and 372 ft. on Malvern Avenue. It carries a General Plan designation of Commercial Office Mixed Use, a Zoning classification of CS (Community Shopping), and a total land area of 3.68 acres. The property is developed with an approximately 28,977 sq. ft. multi-tenant commercial building. SURROUNDING LAND USE CHARACTERISTICS: GENERAL PLAN ZONING EXISTING LAND USE North Medium-Density RM-10 Multi Family Residential Residential South Commercial CS Commercial Shopping Center East Medium-Density RM-10 Multi Family Residential Residential West PD and OCM PD and CS Commercial Shopping Center Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU with findings of fact and conditions. The site is developed with an integrated shopping center containing a variety of retail and food establishments. The subject tenant space is currently occupied by Beach Billiards. The commercial center consists of five buildings. The center currently maintains 191 parking spaces. The applicant has submitted an application, development plans, and business plan requesting Planning Commission approval allowing the sale of beer and wine (Type-41 ABC License) for on-site consumption for a proposed restaurant, Ramen Udon Tempura. The restaurant will be replacing the existing billiards parlor operating in the tenant spaces. As conditioned, alcoholic beverage sales will be incidental to the sale of food. The existing 2,236 sq. ft. tenant space will have approximately 47 indoor seats and 20 seats within an outside patio dining area. The restaurant will serve Japanese ramen and tempura. Proposed hours of operation are 10:00 a.m. to 2:00 a.m. Monday to Sunday. If approved, the proposed request will replace and revoke all previously approved Conditional Use Permits pertaining to the subject tenant space. The submittal site plan indicates 201 parking spaces for the overall

18 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No shopping center. This includes 61 compact spaces which is permissible by the Zoning Code. The required parking for the existing uses as well as the proposed restaurant is 201 spaces. Section of the City Code requires the applicant to obtain Planning Commission approval to allow the sale of beer and wine for on-site consumption in conjunction with a full service restaurant via the Conditional Use Permit process. In reviewing the applicant s request, staff reviewed plans and visited the property and is of the opinion that the facility and site are adequate to support the establishment of the sale of beer and wine (Type-41 ABC License) for on-site consumption. Staff believes that on-site sale and consumption of alcoholic beverages will be appropriate within the context of the full service restaurant and will not negatively impact the subject and surrounding properties. As conditioned, the on-site sale and consumption of beer and wine will be incidental to the full service restaurant use. To reaffirm the incidental use, staff is recommending a condition that requires gross food sales receipts to exceed gross receipts of alcoholic beverages and those alcoholic beverages be served only in conjunction with food sales. The proposed hours of operation are 10:00 a.m. to 2:00 a.m. each day of the week. In Staff s opinion, the proposed operating hours are appropriate for the restaurant and are consistent with other similar approvals in the area. Proposed increase in number of parking spaces from 191 to 201 spaces is adequate for the current mix of tenants in the plaza, including the proposed restaurant. Also, in a memo dated July 23, 2018, the Buena Park Police Department has indicated no objection to the applicant s proposal for on-site sale and consumption of alcoholic beverages, as conditioned. The project is Class 1, Section (Existing Facilities), categorically exempt from CEQA. Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Event Center on September 14, 2018, and 118 notices were mailed to property owners within 300 ft. radius of the subject property on September 14, Chair McGuire asked if there were any questions for staff. Commissioner Schoales asked for a description of the proposed patio, including access to and from the patio, and the block wall with glass, Mr. Moreno said the proposed block wall is 3 ft. high with 26-inch glass above. Mr. Rosen said the proposed plan shows access points to the patio from inside the restaurant, a door directly leading from the restaurant to the patio and from both sides of the patio. Commissioner Chung asked if there is a proposed smoking area in the patio. Mr. Rosen said the applicant will decide if there will be an area designated for smoking in the patio. Chair McGuire stated that this is a public hearing. If there is anyone wishing to speak on the item, please come forward and state their name and address for the record.

19 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No Nathan Yu, 5245 Beach Blvd., Buena Park, CA 90621, relayed his two concerns through an interpreter, Ms. Lee. Mr. Yu s first concern is lack of parking spaces. He said out of the seven restaurants in the area, five serve beer and wine and because customers of the latter usually stay longer, there is a resulting lack of parking spaces. His second concern is oversaturation of restaurants that serve beer and wine in the area. Mr. Moreno said the location analysis conducted on requests for issuance of alcohol license is based on census tract and not per site. He said there is no oversaturation of restaurants serving beer and wine in the tract where the proposed restaurant will be located. Commissioner Chung asked Mr. Yu to describe his restaurant. Mr. Yu said he has been in business for five years, his restaurant is located at the back and most customers use the back parking lot due to lack of parking spaces in front. Chair McGuire asked if there are enough parking spaces in the area. Commissioner Schoales said he frequents the carwash in the area and has observed people parking on the other side of Beach Boulevard because the parking lot is full. Commissioner Diep said she too frequents the area and observed that the parking situation is bad, with a lot of create-your-own space parking. She said she cannot see on the plan where the red curbs and fire lanes are but on some of the lines where landscaping would be, people create their own space to park. Commissioner Diep described the parking lot as an awkwardly shaped lot and encouraged staff to visit at any time to observe the parking situation. Commissioner Capelle said there is an incredible mix of uses in the area where there is a dry cleaner which seems to have more parking spaces, a Laundromat, and restaurants. She said if there is one owner for the area, a comprehensive parking plan will better serve all of the various businesses. Chair McGuire asked if it would be reasonable to have marked or assigned parking spaces. Mr. Rosen said that sometimes, certain tenants use signs to allot parking spaces for their customers; however, it is more beneficial to have open parking spaces in the area because the demand for parking varies at any given day. Mr. Rosen said that the site plan shows that the redesign of the parking lot, including restriping, which will increase the number of parking spaces. He said 30% of the parking area will be compact spaces, as allowed by Code. Mr. Moreno added that parking spaces have increased from 191 to 201. Dr. Meshram explained that staff and the applicant went through several iterations of the parking plan, which took into account all uses in the plaza. Some proposed parking spaces were not permissible because they caused drive-aisles to become non-compliant. She said there is no proposal to expand the island in the center so there may be room for two more parking spaces there. The proposed number of parking spaces meets the required number of parking spaces.

20 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No Mr. Yu said he is concerned that the additional parking spaces will not help if some customers will continue to park in the back where his restaurant is located. Yeonjin Lee, applicant, said only the employees will be allowed to park in the back side of the new restaurant. Lee Y. Park said he has been a resident of Buena Park since He said he saw how the City has transformed through the years, with more diversity, and more places for the citizens to enjoy. He described the proposed restaurant as family-based, serving light meals. Mr. Park said the applicant has been running his business successfully, observing rules and regulations, for the past eight years. He said he strongly recommends the approval of the proposed project. There being no one else wishing to speak on the matter, Chair McGuire closed the public hearing and advised that the item requires a Resolution for approval or denial with findings. Commissioner Barstow moved, and Commissioner Diep seconded, the motion to adopt the Resolution(s) approving Conditional Use Permit No. CU with findings of fact and conditions therein. 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. CU , TO ALLOW THE SALE OF BEER AND WINE (TYPE-41 ABC LICENSE) FOR ON-SITE CONSUMPTION, AT A FULL SERVICE RESTAURANT LOCATED AT 5252 BEACH BOULEVARD, WITHIN THE CS (COMMUNITY SHOPPING) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF AYES: 7 COMMISSIONERS: Barstow, Diep, Capelle, Chung, Desai, Schoales, and McGuire NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAINED: 0 COMMISSIONER: 6. TEXT AMENDMENT NO. C A request to consider a recommendation to the City Council to amend Title 19 (Zoning Ordinance) of the Buena Park Municipal Code revising regulations relating to establishment of circular driveways within single family residential zones, including adoption of related development standards. The project is categorically exempt from CEQA pursuant to Section of the California Code of Regulations. PROPONENT: City of Buena Park 6650 Beach Boulevard Buena Park, CA 90622

21 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No RECOMMENDED ACTION: Adopt Resolution Recommending City Council approval Mr. Lam announced that Commissioners Capelle and Desai will abstain from voting on this item because of the potential that the proposed Text Amendment may impact their existing driveways. Commissioners Capelle and Desai left the Council Chamber. RECOMMENDED ACTION: Adopt Resolution Recommending City Council approval In reply to Chair McGuire, Ms. Santos stated that staff had received no written communication on the item. The staff report was presented by Swati Meshram, Associate Planner. Staff recommends that the Planning Commission adopt the attached Resolution recommending that the City Council approve Text Amendment No. C Currently circular driveways are permitted in residential zones and are governed by Section F.3 of the Buena Park Zoning Code, which states: There shall be no circular driveway in a front yard area with two driveway entrances from the same street unless the street frontage on such street is one hundred twenty feet or more. On August 14, 2018, the City Council conducted a Study Session regarding Circular Driveways within residential zones in the City of Buena park. Following the discussion, staff was directed to update the regulations governing the development of such driveways. The proposed Ordinance will modify Section F.3 of Division 3 of the Zoning Code (Title 19) to regulate the establishment of circular driveways in single family residential zones, including adoption of related development standards. The Zoning Code currently allows circular drives on lots with a street frontage of 120 feet or more. There are very few residential lots in the City that have street frontages of at least 120 feet; these are generally located near the Los Coyotes Golf Course and are zoned RS-16 (100 ft. minimum street frontage). There are numerous unpermitted circular driveways in the City, primarily located in the RS-8 and RS-10 zones also near Los Coyotes Golf Course area. Typical lot widths for RS-8 and RS-10 lots vary from 80 to 100 feet. Staff surveyed neighboring cities circular driveway standards. Below is a comparison table: City Minimum Street Frontage for Circular Driveway Notes Buena Park 120 feet Minimum 30% front yard landscaping

22 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No Stanton 100 feet Conditional Use Permit required La Habra 100 feet Fullerton No Minimum Anaheim No Minimum City Engineer approval required - 30 ft. distance between driveways - Pavement no to exceed 50% of the front yard - Min. 50% front yard landscaping - In the process of developing development standards While circular driveways could allow for potentially more on-site parking spaces, the additional driveway approach and inadequate spacing between the driveway approaches could result in the loss of one or more on-street parking spaces. The City Council Study Session discussion included factors such as distance between such driveway approaches to allow for adequate street parking spaces, minimum required landscaping in the front yard, increased safety from vehicles entering the street nose-in, and increased on-site parking provided by circular driveways. Proposed changes to the Zoning Code in the attached Proposed City Council Ordinance are based on the discussion and direction provided at the Study Session. The proposed change will replace the minimum lot width requirement, by a minimum distance requirement between the driveway approaches. Such driveways shall be subject to Director and City Engineer approval via the Interdepartmental Review procedure. The project is categorically exempt from the California Environmental Quality Act (CEQA) under the Class 1 Categorical Exemption pursuant to Section 15301(c) (Existing Facilities) of the State CEQA Guidelines. Notice of this public hearing was published in the Buena Park Independent on September 14, Chair McGuire asked if there were any questions for staff. Commissioner Schoales asked if staff will henceforth evaluate requests for circular driveways. He also asked about setback requirements. Dr. Meshram said request for circular driveways will continue to be reviewed administratively as is current procedure. She said the frontyard setback required is 20 ft, with the two driveway approaches 23 ft. apart. Chair McGuire stated that this is a public hearing. If there is anyone wishing to speak on the item, please come forward and state their name and address for the record. There being no one wishing to speak on the matter, Chair McGuire closed the public hearing and advised that the item requires the adoption of a Resolution recommending City Council approval of Text Amendment No. C

23 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No Commissioner Barstow moved, and Commissioner Diep seconded, the motion to adopt the Resolution recommending City Council approval of Text Amendment No. C RESOLUTION NO TEXT AMENDMENT NO. C A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REVISING REGULATIONS RELATING TO ESTABLISHMENT OF CIRCULAR DRIVEWAYS IN SINGLE FAMILY RESIDENTIAL ZONES, ADOPTING RELATED DEVELOPMENT STANDARDS, AND AMENDING SECTION F.3 OF DIVISION 3 OF TITLE 19 OF THE BUENA PARK MUNICIPAL CODE AYES: 5 COMMISSIONERS: Barstow, Diep, Chung, Schoales, and McGuire NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAINED: 2 COMMISSIONER: Capelle and Desai Commissioners Capelle and Desai returned to the Council Chamber. ORAL COMMUNICATIONS: None AGENDA FORECAST: Mr. Woods said that as of this date, there are no items scheduled for the meeting of October 10. STAFF REPORTS: Mr. Rosen gave an update on the High Speed Rail Authority meeting that he attended with Commissioners Barstow and Diep. COMMISSION REPORTS: Commissioner Barstow said he will be unable to attend the meeting on October 10, if one is scheduled.

24 Minutes of the Planning Commission Meeting of September 26, 2018 Vol Page No ADJOURNMENT: At 8:37 p.m., Chair McGuire adjourned to the regularly scheduled Planning Commission meeting on Wednesday, October 10, 2018 at 7:00 p.m. in the City Council Chamber ATTEST: Richard McGuire Chair Joel W. Rosen, AICP Secretary

25 STAFF REPORT Planning Commission CASE SUMMARY: Case Numbers: Site Plan SP , Variance V , Parcel Map PM Application Request: Subdivide existing lot to develop an additional single family residence Staff Recommendation: Approve Resolution with Conditions CEQA Compliance: Categorical Exemption (In-fill Development) Public Notification: 25 notices mailed October 12, 2018 Staff Planner: Brady M. Woods, Planning Manager AGENDA ITEM NUMBER: 2 MEETING DATE: October 24, 2018 CASE NUMBER: PROPERTY OWNER: APPLICANT: APPLICATION REQUEST: Site Plan No. SP Variance No. V Parcel Map No. PM Cashflow Investments LLC 126 Calderon Irvine, CA JWY Design Inc Schabarum Avenue Irwindale, CA A request to construct one single-family home with a Variance from minimum street frontage in conjunction with a request to subdivide one lot into two lots PROPERTY LOCATION/APN: 9162 Holder Street / SUBJECT PROPERTY INFORMATION: The property under application is 0.29 acres (12,761 square feet) in size and developed with a 1,102 sq. ft. one story single-family home. The property carries a General Plan designation of Low Density Residential, and is currently zoned RS-6 (One-Family Residential). AGENDA ITEM NO. 2

26 Planning Commission Staff Report Site Plan SP Variance V Parcel Map PM Page 2 SURROUNDING LAND USE CHARACTERISTICS: GENERAL PLAN ZONING EXISTING LAND USE North Planned Development Planned Development Single Family Residential and OCFA Fire Station No. 63 South Low Density Residential RS-6 Single Family Residential East Low Density Residential RS-6 Single Family Residential West City of Cypress City of Cypress Cypress College RECOMMENDATION: Staff recommends the Planning Commission adopt the proposed resolutions approving Site Plan No. SP , Variance No. V , and Parcel Map No. PM with the findings of fact listed therein. APPLICATION ANALYSIS: Background: The property under application is improved with a one-story single family home, and located on the east side of Holder Street between University Way and Via Arroyo Drive. The property maintains street frontage of 80 ft. and area of 12,761 sq. ft. Proposal: The submitted Site Plan, Variance, and Tentative Parcel Map propose construction of a two-story single-family home as well as subdividing the site into two parcels, with a 20 ft. wide private driveway to access the new rear lot. Upon subdividing the property, the proposed new lot will be 6,720 sq. ft. while the remaining lot will be 6,080 sq. ft. The new single-family home will be 2,344 sq. ft. and will include a living room, kitchen, dining room pantry, laundry room, loft area, four bedrooms, and four and half bathrooms, with an attached two-car garage. The applicant is requesting a Variance from Section to allow the proposed new lot to be developed without public street frontage for the proposed new single family home. The new single-family home will maintain a stucco exterior finish, stone veneer wainscoting, pronounced window and door trim, second floor balcony off the master bedroom, tile roof, varied rooflines and a tan earth-tone color scheme. A 404 sq. ft. covered porch will wrap around the west and north elevation of the home. And approximately 658 sq. ft. attached garage with multi-panel door is also proposed. The existing 6 ft. tall perimeter walls along the north, south, and east property lines will remain to buffer from the existing adjacent single family residential development. Discussion: Planning Commission consideration is required based on the design and configuration of the proposed single family residential subdivision with a requested variance via the Site Plan, Variance and Parcel Map processes. In staff s opinion, the ample property size and configuration constitute sufficient physical characteristics providing eligibility for the requested variance, including 160 ft. lot depth, 80 ft. lot width, and area of approximately 1/3 acre. AGENDA ITEM NO. 2

27 Planning Commission Staff Report Site Plan SP Variance V Parcel Map PM Page 3 The request for variance from Section of the Zoning Code to allow lack of street frontage for the newly created lot is appropriate due to the configuration of the original parcel with depth and width of the lot compensating for lack of direct street frontage for the proposed parcel. The subdivided site will exceed required standards for overall lot size. The proposed parcel will be located along a private drive that will provide sufficient access, based on the site design and the service of only one unit to compensate for the lack of public street frontage. Upon subdividing the property, the lot fronting Holder Street will maintain 60 ft. of street frontage where a minimum of 40 ft. is required. In reviewing the Site Plan request, staff believes that the proposed site and building design and configuration, including lot coverage, architecture, scale, and layout of proposed single-family home is appropriate for the subject property. Aside from the requested variance, the proposed development meets or exceeds zoning code requirements for design, height, and lot coverage. The new single-family home will maintain RS-6 compliant setbacks including 20 ft. from the new front lot line; 25 ft. from the rear property line; and 5 ft. and 15 ft. setbacks from the side property lines. Off-street parking will also be compliant with a two-car garage and an elongated driveway suitable for additional parking spaces. Staff feels the home and lot pattern have been appropriately designed to conform to the low-density single-family residential character of the neighborhood and to maintain compatibility with the adjacent low-density single-family homes. Based on the site and building features, as incorporated into the development and as conditioned, staff feels that the proposed project will be consistent with the character of the existing singlefamily neighborhood and will impose no adverse impacts on adjacent properties. Regarding the proposed Tentative Parcel Map, staff believes that since the new parcel will exceed the 6,000 sq. ft. minimum lot size requirement, the subdivision will be consistent with neighborhood development, including adequate access via private 20 ft. wide driveway. The proposed subdivision is consistent with the City s General Plan, Zoning Ordinance, Subdivision Ordinance, and the State Subdivision Map Act. The site reconfiguration will allow appropriate development consistent with the neighborhood development density and pattern, consistent with City goals. To ensure compatibility with adjacent properties, staff has included conditions that require submittal of color and building material samples prior to issuance of permits, the retention of decorative concrete block walls along all rear and side yard property lines of the development, and landscaping of all front and side yards visible from public view. ENVIRONMENTAL ASSESSMENT: The project is Class 32, Section (In-fill Development), categorically exempt from CEQA. PUBLIC HEARING NOTICE: Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Event Center on October 12, 2018 and 25 notices were mailed to property owners within a 300 ft. radius of the subject property on October 12, AGENDA ITEM NO. 2

28 Planning Commission Staff Report Site Plan SP Variance V Parcel Map PM Page 4 FINDINGS OF FACT: Site Plan a. The proposed construction of the single-family home in conjunction with Variance V and Parcel Map PM complies with all applicable requirements of the General Plan and Zoning Ordinance including lot coverage, height, setbacks, floor plan, building materials, and architectural compatibility, as conditioned. b. The site arrangement and improvements approved in conjunction with Variance V and Parcel Map PM will not be detrimental to the existing and intended character of the single-family neighborhood since the proposed new home is in compliance with the General Plan and the Zoning Ordinance. The single-family home is consistent in design and meet applicable standards and criteria and will maintain the single-family residential character of the neighborhood. c. Since the proposed design and configuration of the proposed home is consistent with the single-family residential neighborhood development pattern, property values will be conserved. d. The proposed project will not create any detrimental effects on the environment since the area was planned for single-family residential development. The project includes appropriate design features to promote compatibility with adjacent properties. e. The exterior architectural design of the new home will be in reasonable harmony with the architectural character of the area. The proposed homes are designed to enhance the visual integrity of the site and therefore the surrounding area. f. The arrangement and design for pedestrian and vehicular traffic will minimize congestion and protect pedestrian and vehicular safety for the subject property as well as surrounding properties. Variance a. The proposed variance will provide for two lots with logical site design, access, and configuration consistent with the surrounding residential neighborhood. The new lot will exceed standards for overall size and will be located along a private driveway that will provide suitable access compensating for lack of street frontage. b. The requested variance will not grant special privileges to the subject property not enjoyed by other properties in the same zone and vicinity. The proposed new lot size is compatible and comparable with nearby residential properties. Adequate access for the rear lot will be provided by private driveway. c. The variance for required street frontage will not produce results detrimental to the public health, safety, or welfare and will not be injurious to other property in the vicinity since the associated single-family home will otherwise comply with applicable development standards and maintain compatibility with the prevailing low density residential neighborhood development pattern. The newly created lot will maintain lot area in excess of code requirements. Equivalent yard area and sufficient access will be provided. AGENDA ITEM NO. 2

29 Planning Commission Staff Report Site Plan SP Variance V Parcel Map PM Page 5 d. The variance for required street frontage will not be contrary to the objectives of the General Plan for single-family development and will permit development that will complement adjacent properties as the newly created lot will be developed with a singlefamily home compatible and comparable with the properties within the surrounding residential neighborhood. Parcel Map a. The proposed subdivision approved in conjunction with Site Plan SP and Variance V , is consistent with the intent of the City s General Plan, Zoning Ordinance, Subdivision Ordinance, and the State Subdivision Map Act. The project configuration and scope will be consistent with the intent of the General Plan Low Density Residential designation and City zoning standards, including proposed private access driveway and compliant yard setbacks. b. The proposed subdivision approved in conjunction with Site Plan SP and Variance V , is consistent with the City s General Plan, Zoning Ordinance and Subdivision Ordinance, as conditioned. Adequate access and traffic capacity are or will be available to serve the project. There will be no alteration to the site design or improvements that will detract from the area character. c. The site is physically suitable for two single-family homes as well as associated improvements. The new created lot will maintain suitable land areas with appropriate width and length for a single-family home consistent with the surrounding neighborhood development pattern. d. The project design is consistent with the intended area character and design, and includes lot dimensions in excess of minimum requirements. e. Subdivision of the property will promote development of the site in compliance with the intent of the Zoning Ordinance. The newly created home will be constructed to comply with applicable development standards. The project will continue to promote goals outlined within the General Plan for single-family residential development. Prepared by: Approved by: Presented by: Brady M. Woods, Planning Manager Joel W. Rosen, AICP, Community Development Director Brady M. Woods, Planning Manger ATTACHMENTS: 1. Proposed Resolution: Site Plan SP Proposed Resolution: Variance V Proposed Resolution: Parcel Map PM Vicinity Map 5. Development Plans SRSP /V /PM AGENDA ITEM NO. 2

30 Attachment 1 RESOLUTION NO. SITE PLAN NO. SP A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST TO CONSTRUCT A NEW 2,344 SQ. FT. SINGLE-FAMILY HOME WITH VARIANCE FROM SECTION OF THE ZONING CODE FOR REQUIRED MINIMUM STREET FRONTAGE IN CONJUNCTION WITH A REQUEST TO SUBDIVIDE ONE LOT INTO TWO INDIVIDUAL LOTS LOCATED AT 9162 HOLDER STREET ( ) WITHIN THE RS-6 (ONE-FAMILY RESIDENTIAL) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) JWY Design Inc., applicant, Schabarum Avenue, Irwindale, CA 91706, on behalf of Cashflow Investments LLC, property owner, 126 Calderon, Irvine, CA 92618, has filed an application for issuance of Site Plan No. SP for the construction of a new 2,344 sq. ft. single-family home in conjunction with a request for Variance from Section of the Zoning Code for reduced minimum street frontage and to subdivide one (1) parcel into two (2) separate parcels located at 9162 Holder Street in Buena Park, California, in the County of Orange (APN ). Hereinafter in this Resolution, the subject Site Plan request is referred to as the application. (ii) On October 24, 2018, this Commission conducted a 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 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 SEPT PLNG. DIV., the Commission hereby specifically finds as follows: a. The proposed construction of the single-family home in conjunction with Variance V and Parcel Map PM complies with all applicable requirements of the General Plan and Zoning Ordinance including lot coverage, height, setbacks, floor plan, building materials, and architectural compatibility, as conditioned. b. The site arrangement and improvements approved in conjunction with Variance V and Parcel Map PM will not be detrimental to the existing and intended character of the single-family neighborhood since the proposed new home is in compliance with the General Plan and the Zoning Ordinance. The single-family home is consistent in design and meets applicable standards and criteria and will maintain the singlefamily residential character of the neighborhood.

31 Resolution No. Site Plan No. SP October 24, 2018 c. Since the proposed design and configuration of the proposed home is consistent with the single-family residential neighborhood development pattern, property values will be conserved. d. The proposed project will not create any detrimental effects on the environment since the area was planned for single-family residential development. The project includes appropriate design features to promote compatibility with adjacent properties. e. The exterior architectural design of the new home will be in reasonable harmony with the architectural character of the area. The proposed homes are designed to enhance the visual integrity of the site and therefore the surrounding area. f. The arrangement and design for pedestrian and vehicular traffic will 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, and approved concurrently with Variance No. V and Tentative Parcel Map No. PM , is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Class 32, Section 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 SEPT 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. In accordance with the State Subdivision Map Act and Title 18 of the Buena Park City Code (BPCC), tentative and final parcel maps are required to subdivide one lot to two lots. All improvements required to be completed by the subdivider shall be in accordance with the design standards and specifications adopted by the City of Buena Park. Copies of the title search and traverse calculations shall be submitted to the City Engineer at the time of or before first submittal of the final map. The parcel map shall conform to the County Ordinance No for boundary in a digital format. 2. The following plans and/or information shall be prepared and submitted in accordance with City standards: a) Grading/Utility Plan b) Erosion Control Plan c) Preliminary and Final WQMP Page 2

32 Resolution No. Site Plan No. SP October 24, All existing public facilities in conflict with new improvements shall be relocated at no cost to the City. Property owner shall dedicate, or cause to be dedicated all easements needed to accommodate the relocation, modification or installation of facilities to be maintained by the City or any public utility company. 4. The project site must be graded as not to adversely impact the adjacent properties. An Engineering Grading Certification shall be submitted to Engineering Division when grading is complete. The Certification form shall be obtained from the Engineering Services Division. The project RCE/geotechnical engineer shall initiate and prepare the certification, duly signed, wet stamped with date of expiration of registration 5. New public improvements to include the following: a) Remove existing approach along the Holder Street frontage and replace with sidewalk, curb and gutter to match existing. Construct a new 20-feet wide dustpan type driveway approach at the southerly property line on Holder Street frontage per City Std. 209 and ADA requirement. A minimum of 40 feet of the driveway, starting from the driveway approach, shall be straight. b) Provide easements for ingress/egress access and drainage for lots 1 and 2. Also provide a maintenance agreement for common area such as drive approach. c) Install individual water meter and sewer lateral for each residential building per City standards. d) Install one street light on marbelite pole along the Holder Avenue frontage with underground service per City standards. 6. Prior to issuance of grading or building permits, permit applicant shall submit for approval by the City Engineer, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMP s) that will be used on site to control predictable pollutant run-off. Applicant shall record the approved WQMP with the Orange County Clerk-Recorder at the cost of the applicant, and provide the City with a conformed copy of the recorded WQMP. This WQMP shall identify the: structural and non-structural measures specified in Appendix G, as available at the Engineering Services Division, detailing implementation of BMP s whenever they are applicable to the project (when the project has a below grade loading dock, for example); the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall reference the location(s) of structural BMP s. 7. All utility connections, street improvements, and any other work performed in the public right-of-way will require a traffic control plan prepared per the City of Buena Park Public Works Department requirements. The cost of the design and implementation of the traffic control plans shall be borne by the project proponent 8. A traffic impact fee is required and must be paid per City of Buena Park Resolution No The traffic impact fee must be paid prior to occupancy of the building. Page 3

33 Resolution No. Site Plan No. SP October 24, All fees, deposits and bonds associated with improvements required by the Public Works Department shall be paid prior to the issuance of permits for construction Before exercising any right or performing any obligation pursuant to any permit issued by the Public Works Department, the developer/contractor shall file with the City required insurance certificates. 11. Prior to final release of the project by the Public Works Department, or the refund of any cash deposits, the developer/contractor shall provide the City with a warranty bond to be held by the City for the period of one (1) year, for all public facilities and improvements. 12. Prior to grant of occupancy by the City or commencement of the approved use, these conditions and all improvements required by the Public Works Department shall be completed to the satisfaction of the City Engineer. FIRE AUTHORITY: The applicant or responsible party shall submit the plans listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified. 1. Prior to issuance of a precise grading permit or a building permit, if a grading permit is not required: a) Residential site plan (service code PR160) 2. Prior to concealing interior construction: a) Fire Sprinkler System (Service Code PR400) 3. Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to OCFA. Standard notes, guidelines, informational bulletins, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting ocfa.org and clicking on Business Planning & Development Services in the menu bar at the top of the screen. 4. Prior to issuance of final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at BUILDING DIVISION: 1. The project shall comply with Buena Park Municipal Code Title 15, California Building Codes. Page 4

34 Resolution No. Site Plan No. SP October 24, The building/buildings shall be fully fire-sprinklered as required by the City of Buena Park Municipal Code, Title 1, and/or the California Building Codes. 3. The construction plans require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect. 4. After the public hearing appeal period ends, applicant shall submit three (3) sets of construction plans to the Building Division for plan check in order to obtain required building permits. PLANNING DIVISION: 1. This approval shall be for the construction of a new two-story 2,344 sq. ft. single-family home in substantial compliance with plans stamped RECEIVED SEPT PLNG. DIV., and as conditioned herein. When complete, the home shall remain a single-family residence. 2. This approval shall be contingent upon approval of Variance No. V and Parcel Map No. PM The Parcel Map in conjunction with this Site Plan shall be recorded within two (2) years of the expiration of the appeal period. 3. The applicant and/or property owner shall ensure that a copy of the Planning Commission Resolution, including all conditions of approval, be reproduced on the first pages of construction drawings and shall be distributed to all design professionals, contractors, and subcontractors participating in the construction phase of the project. 4. A deed restriction shall be recorded that limits the development to an individual singlefamily residence. Interior access to all parts of the 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. Said deed restriction shall be submitted to the City for review and approval and shall be recorded prior to issuance of building permits. 5. Plans submitted for plan check shall include the new single-family home with design and materials consistent with the submitted plans stamped RECEIVED SEPT PLNG. DIV. The following architectural amenities including specifications and details shall be included: a. Stucco finish on all elevations b. Decorative stone veneer wainscoting along the front elevation and returns c. Decorative front entry with decorative front door d. Decorative 12 in. eave cornice e. Covered front porch f. Decorative sectional, roll-up garage door g. Framed windows and doors h. Tile roof Page 5

35 Resolution No. Site Plan No. SP October 24, The proposed 404 sq. ft. porch shall not be used for storage. Patio furniture and other outdoor equipment may be permitted on porch. 7. The applicant shall demonstrate that proposed building materials, and other architectural/site features are rated for appropriate durability and longevity. 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 Division. 8. Construction shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday with no construction permitted on Sunday unless approved by the Public Works Department for unusual circumstances. 9. A 6 inch wide decorative block wall, a minimum of 6 ft. and a maximum of 7 ft. high, measured from the highest finished grade shall be constructed and maintained along the newly created lot line. Standard grey or pink block shall not be considered. No block wall construction shall occur until a grading plan has been approved by the Public Works Department if required. Plans submitted for plan check shall show details and specification for all new walls. 10. All required new utility services shall be underground. All required utility services and equipment, including transformers, gas meter, J boxes, and similar devices shall be located below grade or shall be screened from view by ornamental masonry walls. The placement and treatment of all screening devices shall be subject to review and approval of the Planning Division. In addition to said walls, landscaping may also be required as a solution for screening. A preliminary electrical equipment plan, which is prepared by the Southern California Edison Company, shall be reviewed and approved by the City Planning Division prior to the issuance of building permits. The applicant is required to return City approved red line prints to the Southern California Edison Company Planning Department, for preparation of final construction drawings. The location of other utility companies appurtenances and meters shall be submitted to the City Planning Division for review and approval prior to installation. 11. 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. 12. The new private driveway shall be a minimum of 20 ft. wide from curb to curb in all locations. 13. The curbs, gutters, and pavement section within the private drive shall be designed to City standards and shall be reflected on the grading plan and street improvement plan for the review of the Public Works Department. 14. 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. Page 6

36 Resolution No. Site Plan No. SP October 24, 2018 Any appreciable modification shall require the prior approval of the Planning Commission. However, minor deviations in rear yard slopes and grading may be approved by the Director of Community Development. 15. Prior to the issuance of Building Permits all fees associated with development including, but not limited to, park in lieu fees mandated by City Ordinance No shall be paid in full. 16. It is recommended that plans be submitted to the Franchise Cable TV provider prior to the issuance of a building permit to allow for cable service to the project. Please call (714) for information. 17. This Site Plan may be revoked for any violation or noncompliance with any of these conditions in accordance with Section of the Zoning Ordinance. 18. 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. 19. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed to the satisfaction of the City. 20. 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 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. Page 7

37 Resolution No. Site Plan No. SP October 24, 2018 PASSED AND ADOPTED this 24th day October 2018 by the following called vote: AYES: 0 COMMISSIONER: NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAINED: 0 COMMISSIONER: Richard McGuire 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: RESP Owner / Applicant Signature Page 8

38 Attachment 2 RESOLUTION NO. VARIANCE NO. V A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST TO CONSTRUCT A NEW 2,344 SQ. FT. SINGLE-FAMILY HOME WITH VARIANCE FROM SECTION OF THE ZONING CODE FOR REQUIRED MINIMUM STREET FRONTAGE IN CONJUNCTION WITH A REQUEST TO SUBDIVIDE ONE LOT INTO TWO INDIVIDUAL LOTS LOCATED AT 9162 HOLDER STREET ( ) WITHIN THE RS-6 (ONE-FAMILY RESIDENTIAL) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) JWY Design Inc., applicant, Schabarum Avenue, Irwindale, CA 91706, on behalf of Cashflow Investments LLC, property owner, 126 Calderon, Irvine, CA 92618, has filed an application for issuance of Site Plan No. SP for the construction of a new 2,344 sq. ft. single-family home in conjunction with a request for Variance from Section of the Zoning Code for reduced minimum street frontage and to subdivide one (1) parcel into two (2) separate parcels located at 9162 Holder Street in Buena Park, California, in the County of Orange (APN ). Hereinafter in this Resolution, the subject Site Plan request is referred to as the application. (ii) On October 24, 2018, 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 SEPT PLNG. DIV., this Commission hereby specifically finds as follows: a. The proposed variance will provide for two lots with logical site design, access, and configuration consistent with the surrounding residential neighborhood. Adjacent homes maintain the minimum 6,000 sq. ft. lot size. The new lot will exceed standards for overall size and will be located along a private driveway that will provide suitable access compensating for lack of street frontage.

39 Resolution No. Variance No. V October 24, 2018 b. The requested variance will not grant special privileges to the subject property not enjoyed by other properties in the same zone and vicinity. The proposed new lot size is compatible and comparable with nearby residential properties. Adequate access for the rear lot will be provided by private driveway. c. The variance for required street frontage will not produce results detrimental to the public health, safety, or welfare and will not be injurious to other property in the vicinity since the associated single-family home will otherwise comply with applicable development standards and maintain compatibility with the prevailing low density residential neighborhood development pattern. The newly created lot will maintain lot area in excess of code requirements. Equivalent yard area and sufficient access will be provided. d. The variance for required street frontage will not be contrary to the objectives of the General Plan for single-family development and will permit development that will complement adjacent properties as the newly created lot will be developed with a single-family home compatible and comparable with the properties within the surrounding residential neighborhood. 3. The Planning Commission hereby finds and determines that the project identified above in this Resolution, and approved concurrently with Site Plan No. SP and Tentative Parcel Map No. PM is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Class 32, Section 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 SEPT PLNG. DIV. as modified herein and the following reasonable conditions set forth in paragraph 5 of this Resolution. 5. The following conditions are deemed necessary to protect the public health, safety, and general welfare and are reasonable and proper in accordance with the purpose and intent of the Buena Park City Code: PLANNING DIVISION: 1. This approval shall be for Variance from Section of the Zoning Code for reduced minimum street frontage for a new single-family home to be subdivided via a Parcel Map located 9162 Holder Street, in substantial compliance with plans stamped RECEIVED SEPT PLNG. DIV., except as modified herein. 2. This approval shall be contingent upon approval of Site Plan No. SP and Parcel Map No. PM The Parcel Map in conjunction with this Variance shall be recorded within two (2) years of the expiration of the appeal period. Page 2

40 Resolution No. Variance No. V October 24, A deed restriction shall be recorded that limits the development to an individual single-family residence. Interior access to all parts of the 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. Said deed restriction shall be submitted to the City for review and approval and shall be recorded prior to issuance of building permits. 4. This Variance may be revoked for any violation of or noncompliance with any of these conditions in accordance with Section of the Zoning Ordinance. 5. 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. 6. Prior to final inspection of any work authorized or required as part of this approval, these conditions and all improvements shall be completed to the satisfaction of the City. 7. 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 Variance, 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 3

41 Resolution No. Variance No. V October 24, 2018 PASSED AND ADOPTED this 24th day of October 2018 by the following called vote: AYES: 0 COMMISSIONER: NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAINED: 0 COMMISSIONER: Richard McGuire 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 Variance No. V and do agree that I/We shall conform with and abide by all such conditions. Date: Owner / Applicant Signature REV Page 4

42 Attachment 3 RESOLUTION NO. PARCEL MAP NO. PM A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A PARCEL MAP TO SUBDIVIDE ONE PARCEL INTO TWO PARCELS TO ALLOW FOR THE CONSTRUCTION OF A NEW 2,344 SQ. FT. SINGLE-FAMILY HOME LOCATED AT 9162 HOLDER STREET WITHIN THE RS-6 (ONE- FAMILY RESIDENTIAL) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) JWY Design Inc., applicant, Schabarum Avenue, Irwindale, CA 91706, on behalf of Cashflow Investments LLC, property owner, 126 Calderon, Irvine, CA 92618, has filed an application for issuance of Parcel Map No. PM to subdivide one (1) parcel into two (2) separate parcels for the construction of a new 2,344 sq. ft. single-family home located at 9162 Holder Street in Buena Park, California, in the County of Orange (APN ). Hereinafter in this Resolution, the subject Site Plan request is referred to as the application. (ii) On October 24, 2018, this Commission conducted a 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 SEPT PLNG. DIV., this Commission hereby specifically finds as follows: a. The proposed subdivision approved in conjunction with Site Plan SP and Variance V , is consistent with the intent of the City s General Plan, Zoning Ordinance, Subdivision Ordinance, and the State Subdivision Map Act. The project configuration and scope will be consistent with the intent of the General Plan Low Density Residential designation and City zoning standards, including proposed private access driveway and compliant yard setbacks.

43 Resolution No. Parcel Map No. PM October 24, 2018 b. The proposed subdivision approved in conjunction with Site Plan SP and Variance V , is consistent with the City s General Plan, Zoning Ordinance and Subdivision Ordinance, as conditioned. Adequate access and traffic capacity are or will be available to serve the project. There will be no alteration to the site design or improvements that will detract from the area character. c. The site is physically suitable for two single-family homes as well as associated improvements. The new created lot will maintain suitable land areas with appropriate width and length for a single-family home consistent with the surrounding neighborhood development pattern. d. The project design is consistent with the intended area character and design, and includes lot dimensions in excess of minimum requirements. e. Subdivision of the property will promote development of the site in compliance with the intent of the Zoning Ordinance. The newly created home will be constructed to comply with applicable development standards. The project will continue to promote goals outlined within the General Plan for single-family residential development. 3. The Planning Commission hereby finds and determines that the project identified above in this Resolution, and approved concurrently with Site Plan No. SP and Variance No. V12-001, is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Class 32, Section 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 SEPT 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. In accordance with the State Subdivision Map Act and Title 18 of the Buena Park city code (BPCC), tentative and final parcel map are required to subdivide one parcel to three parcels. All improvements required to be completed by the subdivider shall be in accordance with the design standards and specifications adopted by the city of Buena Park. Copies of the title search and traverse calculations shall be submitted to the city Engineer at the time of or before first submittal of the final map. The parcel map shall conform to the county Ordinance No for boundary in a digital format. Page 2

44 Resolution No. Parcel Map No. PM October 24, 2018 PLANNING DIVISION: 1. This approval shall be for the subdivision of one (1) parcel into two (2) separate parcels to allow for development of a new 2,344 sq. ft. single-family home in substantial compliance with plans stamped RECEIVED SEPT PLNG. DIV. and as conditioned herein. 2. This approval shall be contingent upon approval of Site Plan No. SP and Variance No. V The map shall conform to the plan as finally approved by the City, as conditioned herein, and any appreciable modification shall require the prior approval of the Planning Commission. 4. The subdivision authorized by this Parcel Map shall be recorded within two (2) years of the expiration of the appeal period. 5. Prior to the issuance of building permits for any new single family residence, all fees associated with development including, but not limited to, park fees mandated by City Ordinance No shall be paid in full. 6. These conditions and any improvements shall be completed to the satisfaction of the City. 7. 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 Parcel Map 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 3

45 Resolution No. Parcel Map No. PM October 24, 2018 PASSED AND ADOPTED this 24th day October 2018 by the following called vote: AYES: 0 COMMISSIONER: NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAINED: 0 COMMISSIONER: Richard McGuire 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 Parcel Map No. PM and do agree that I/We shall conform with and abide by all such conditions. Date: Owner / Applicant Signature REPM Page 4

46 PUBLIC HEARING NOTICE City of Buena Park City of Cypress HOLDER ST SUBJECT LOCATION LOYOLA WY VIA BALBOA CIR PLANNING COMMISSION October 24, 2018 SITE PLAN NO. SP VARIANCE NO. V PARCEL MAP NO. PM Holder Street (APN: )

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48 PROPOSED 2ND FLOOR PLAN PROPOSED 1ST FLOOR PLAN Date Scale Drawn Job Sheet Of REVISIONS Design Project Name Sheet Title AS SHOW BY SUBDIVIDE NEW SINGLE FAMILY RESIDENCE 9162 HOLDER ST, BUENA PARK, CA /2017 D.L. Sheets

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50 10' 5' 0 5' 10' 1"=10' GRAPHIC SCALE C L LINCOLN AVE WQMP EXHIBIT SITE PLAN VICINITY MAP TENTATIVE PARCEL MAP NO