CITY OF BUENA PARK MINUTES OF ZONING ADMINISTRATOR HEARING January 28, 2016

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1 703 CITY OF BUENA PARK MINUTES OF ZONING ADMINISTRATOR HEARING The Zoning Administrator convened the meeting at 3:00 p.m. on, in the Community Development Conference Room, City of Buena Park Civic Center, 6650 Beach Boulevard, Buena Park, California. PRESENT: Ruben Lopez, Zoning Administrator Joel W. Rosen, AICP, Director of Community Development Jay Saltzberg, Planning Manager Monique Schwartz, Assistant Planner Ruth Santos, Senior Administrative Assistant Conditional Use Permit No. CU A request to establish a 510 sq. ft. real estate training school within an existing 5,037 sq. ft. real estate office building located at 6071 Beach Boulevard within the CG (Commercial General) zone. This project is Class 1, Section 15301, categorically exempt from CEQA. PROPERTY OWNER: APPLICANT: Thompson 2002 Family Trust 7257 Via Mariposa Sur Bonsall, CA James In Kim 3960 Wilshire Blvd., # 404 Los Angeles, CA RECOMMENDED ACTION: Adopt Resolution of Approval In reply to Mr. Lopez, Ms. Santos stated that staff had received no written communication on the item. The subject site is zoned CG (Commercial General) and is developed with a commercial office building with parking and site improvements. The property to the north is zoned CG (Commercial General) and is developed with a bank. The property to the south is zoned ACSP (Auto Center Specific Plan) and is developed with an auto dealership. Properties across Beach Blvd. to the east are zoned CG (Commercial General) and developed with a legal nonconforming single family residence and restaurant. Properties to the west are zoned CG (Commercial General) and developed with legal nonconforming apartments. Staff recommends that the Zoning Administrator adopt the attached Resolution approving Conditional Use Permit No. CU with findings of fact and conditions. The subject property is located on the west side of Beach Boulevard, between Commonwealth Avenue and Artesia Boulevard with a street frontage of approximately 150 ft. and a land area of approximately 17,651 sq. ft. The property is developed with a

2 704 5,037 sq. ft. commercial office building, including a parking lot and site improvements. The building is occupied by NewStar Realty & Investments, operating at this location since January This business was previously located at 6041 Beach Boulevard (one parcel to the north) for approximately five years. Prior records indicate that on December 12, 1984, the Planning Commission approved exterior modifications to the existing building with related site improvements via Site Plan No. SP-833, and on January 15, 1986, the Planning Commission approved the installation of wall signage and fencing along the west property line via Site Plan No. SP-833 Mod No. 1. The submitted application, plans and business plan propose the establishment and operation of a subsidiary real estate agent training school associated with NewStar Realty & Investments, for prospective and current NewStar realtors, as well as the general public, within a 510 sq. ft. classroom located within the existing 5,037 sq. ft. real estate office building. The operation of the real estate school will be a separate business operated by NewStar Realty & Investments, incidental to the primary real estate office use. The submittal plans indicate that the interior of the building is configured with a reception area, 22 offices, two meeting rooms, storage and administrative support areas, four restroom facilities and a 510 sq. ft. classroom designated for real estate professional training. The building will continue to be accessed through entry doors located on the west side of the building, adjacent to the rear parking lot. No interior or exterior building alterations or site modifications are proposed as part of this application. The proposed NewStar Real Estate School will conduct professional training and courses for real estate license test preparation and continuing education. The real estate test preparation course is approximately 8 weeks in length and includes instruction on exam taking techniques and study materials. As proposed, training/classes will be conducted on Saturdays from 9:00 a.m. to 1:00 p.m. when existing NewStar realtors are typically conducting business and property showings out of the office, with approximately students. Per Section of the City Code, establishment and operation of a vocational/trade school is subject to review and approval via the Conditional Use Permit process. After reviewing the applicant s request, development plans and business plan, as well as visiting the site, staff is of the opinion that the proposed NewStar Real Estate School can be accommodated as an incidental use without negatively affecting the subject or surrounding properties. The proposed real estate training school will be appropriate within the context of the existing real estate business within the commercial building, as conditioned, and consistent with current and anticipated businesses within the area. The existing parking lot can be accessed via a driveway approach off Beach Boulevard. The property maintains adequate on-site circulation and 32 parking spaces, as required for a professional office use. Because of limited hours of operation and because proposed real estate school students will be limited to prospective and existing NewStar agents and a selected number of the general public training to become realtors, it is not anticipated that the proposed real estate training school will impact existing circulation and parking on the subject site. Staff is of the opinion that the proposed real estate school, as conditioned to limit intensity, will not be detrimental to the subject or surrounding properties and the project will be in conformance with all applicable zoning and General Plan requirements. Based

3 705 on a condition that limits the day and hours of operation, as proposed by the applicant, staff feels that the use will be compatible with the existing real estate office use for the site. As proposed, the real estate school within the existing real estate office will be compatible with the intended and the existing character of the area based on operating characteristics, site layout, access, parking and compliance with applicable development standards. The project is Class 1, Section 15301, categorically exempt from CEQA. Mr. Lopez announced that this is a public hearing and that anyone wishing to speak on the matter may come forward and state their name and address for the record. There being no one wishing to speak, Mr. Lopez then adopted a Resolution approving Conditional Use Permit No. CU with findings of fact and conditions therein. Mr. Lopez explained that this action of the Zoning Administrator is final unless an appeal to the City Council is filed with the City Clerk within ten (10) working days of the decision. RESOLUTION NO CONDITIONAL USE PERMIT NO. CU A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF CONDITIONAL USE PERMIT NO. CU TO ESTABLISH A 510 SQ. FT. REAL ESTATE SCHOOL WITHIN AN EXISTING COMMERICAL BUILDING LOCATED AT 6071 BEACH BOUEVARD IN THE CG (COMMERCIAL GENERAL) ZONE AND MAKING FINDINGS IN SUPPORT THEREOF CONDITIONAL USE PERMIT NO. CU A request to establish a vehicle storage/parking lot for an existing automobile dealership with related site improvements located at 8451 Kass Drive within the CM (Commercial Manufacturing) zone. This project is Class 1, Section 15301, categorically exempt from CEQA. PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: House of Imports, Inc. 200 SW 1 st Avenue, Suite 1400 Fort Lauderdale, FL Stantec Architecture, Inc. 38 Technology Drive # 100 Irvine, CA Adopt Resolution of Approval

4 706 Mr. Lopez announced that staff distributed a memo regarding a request from the applicant for modification to Planning Condition No. 9 to allow for single striping of parking stalls and no curbs between landscaped areas and adjacent vehicular areas. The subject properties are zoned CM (Commercial Manufacturing) and are currently undeveloped. To the north and east is the Santa Ana (I-5) Freeway. Properties to the south and west are zoned CM (Commercial Manufacturing) and developed with industrial buildings and a commercial building located within the City of Anaheim. Staff recommends that the Zoning Administrator adopt the attached Resolution approving Conditional Use Permit No. CU with findings of fact and conditions. The subject site is comprised of two parcels that are located on the northeast side of Kass Drive, with a street frontage of approximately 926 ft. and a land area of approximately 2.3 acres. The properties were formerly owned by Orange County Transportation Authority (OCTA) and recently purchased by the Mercedes-Benz House of Imports automobile dealership. The properties are currently undeveloped, surrounded by chain link fencing, and encumbered with utility easements for water, sanitary sewer, and overhead electrical lines. No prior construction history was located and lot consolidation is not required or included as part of this application. The site has been a subject of Code Enforcement complaints relating to property maintenance and homeless activity. The submitted application and plans propose the establishment of a vehicle storage/parking lot with related site improvements to support the Mercedes-Benz House of Imports automobile dealership. The site will be used for the storage of overflow inventory for the Mercedes-Benz House of Imports property located at 6862 Auto Center Drive. Vehicles will be delivered by trucks to the Mercedes-Benz House of Imports dealership site where they will be received. Vehicles will then be driven to the project site by employees and stored until needed to maintain adequate vehicle inventory for sale at the dealership. According to the applicant, the storage/parking lot will not be used for vehicle display, employee or customer parking. There are no designated hours of operation proposed; however, the storage/parking lot will operate concurrently with the existing operating hours of the automobile dealership. The proposal includes a 10 ft. landscape setback along Kass Drive and adjacent to an existing commercial building along the south property line that is located within the City of Anaheim. In addition, a 5 ft. landscape setback is proposed along the southeast property line, adjacent to the Artesia (I-91) Freeway. Landscape areas will include 24 in. box trees, flowering shrubs and low accent ground cover. A new 8 ft. tall, wrought iron fence will replace existing chain link fencing around the perimeter of the site, except that existing 6 ft. tall chain link fencing will remain along the north property line, parallel to the Santa Ana (I-5) Freeway. There are three existing driveway approaches located along Kass Drive, two of which will be eliminated. The central driveway will remain to serve as the main gated entry/exit with dual swinging gates. New light standards and security cameras will be installed throughout the parking lot, providing increased visibility and security, and the parking lot will be paved and striped to accommodate 347 parking spaces.

5 707 Pursuant to Section of the City Code, off-site vehicle storage for an automobile dealership requires review and approval via the Conditional Use Permit process. After reviewing the applicant s request, development plans, business plan, as well as visiting the site, staff is of the opinion that the proposed storage/parking lot for the Mercedes-Benz House of Imports automobile dealership is an appropriate supplement to the existing dealership and can be accommodated without negatively affecting the subject or surrounding properties, as conditioned. The proposed automobile storage/parking lot will maximize the efficient utilization of the site, improve the aesthetic appearance of site, and integrate the site with the surrounding neighborhood. As conditioned, the proposed project will meet all applicable requirements of the City Code, including access, parking, lighting, circulation, and landscaping. The project is Class 1, Section 15301, categorically exempt from CEQA. Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on January 14, 2016, and 10 notices were mailed to property owners within a 300 ft. radius of the subject property on January 14, Mr. Lopez announced that this is a public hearing and that anyone wishing to speak on the matter may come forward and state their name and address for the record. Larry Tidball, applicant, Stantec Architecture, Inc., 38 Technology Drive #100, Irvine, CA 92618, expressed his concern that Condition No. 17, which requires undergrounding of all new utility services, might cause undue delay to the proposed project. Mr. Rosen said Condition No. 17 is a standard condition which should not negatively affect the timing of the project. There being no one else wishing to speak, Mr. Lopez then adopted a Resolution approving Conditional Use Permit No. CU with the requested modification to Planning Condition No. 9 and with findings of fact and conditions therein. Mr. Lopez explained that this action of the Zoning Administrator is final unless an appeal to the City Council is filed with the City Clerk within ten (10) working days of the decision. RESOLUTION NO CONDITIONAL USE PERMIT NO. CU A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF CONDITIONAL USE PERMIT NO. CU TO ESTABLISH A VEHICLE STORAGE/PARKING LOT FOR AN EXISTING AUTOMOBILE DEALERSHIP WITH RELATED SITE IMPROVEMENTS LOCATED AT 8451 KASS DRIVE IN THE CM (COMMERCIAL MANUFACTURING) ZONE AND MAKING FINDINGS IN SUPPORT THEREOF

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