A G E N D A CITY OF BUENA PARK ZONING ADMINISTRATOR

Transcription

1 A G E N D A CITY OF BUENA PARK ZONING ADMINISTRATOR January 28, 2016 COMMUNITY DEVELOPMENT CONFERENCE ROOM 3:00 p.m. 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 Zoning Administrator, speakers should come forward to the microphone, and upon recognition by the Zoning Administrator, state their names and addresses. All actions by the Zoning Administrator are final unless an appeal to the City Council is filed with the City Clerk within ten (10) working days of the decision. CALL TO ORDER: PUBLIC HEARING: 1. 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

2 Zoning Administrator Agenda January 28, 2016 Page 2 2. 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 ORAL COMMUNICATIONS: STAFF REPORTS: ADJOURNMENT: Zaag

3 STAFF REPORT Zoning Administrator AGENDA ITEM NUMBER: 1 MEETING DATE: January 28, 2016 CASE NUMBER: PROPERTY OWNER APPLICANT: APPLICATION REQUEST: Conditional Use Permit No. CU Thompson 2002 Family Trust 7257 Via Mariposa Sur Bonsall, CA James In Kim 3960 Wilshire Boulevard, Suite 404 Los Angeles, CA To establish a 510 sq. ft. real estate training school within an existing 5,037 sq. ft. real estate office building. PROPERTY LOCATION / APN: 6071 Beach Boulevard / GENERAL PLAN / ZONING: Commercial / CG (Commercial General) LAND USE CHARACTERISTICS: 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. RECOMMENDATION: Staff recommends that the Zoning Administrator adopt the attached Resolution approving Conditional Use Permit No. CU with findings of fact and conditions. APPLICATION ANALYSIS: Background: 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 5,037 sq. ft. commercial

4 Zoning Administrator Staff Report Conditional Use Permit No. CU Page 2 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. Proposal: 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. Discussion: 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. AGENDA ITEM NO. 1

5 Zoning Administrator Staff Report Conditional Use Permit No. CU Page 3 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 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. ENVIRONMENTAL ASSESSMENT: The project is Class 1, Section 15301, categorically exempt from CEQA. PUBLIC HEARING NOTICES: Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on January 14, 2016, and 38 notices were mailed to property owners within 300 ft. radius of the subject property on January 14, FINDINGS OF FACT: a. The proposed real estate school is consistent with the City s General Plan and Zoning Ordinance, as conditioned. The project proposal will increase the economic viability of the property while serving the educational needs of the surrounding community. The real estate school will be compatible with the existing real estate office use and with other businesses within the surrounding area, as conditioned. b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the real estate school in conjunction with the existing real estate office use, since the site was originally developed to contain commercial and office uses of similar scale and intensity. Based on the conditioned days and hours of operation, there will be no conflicts or incompatibility created based on the incidental nature of the proposed use. c. Adequate street access, traffic capacity and parking are available to serve the proposed use and anticipated development in the surrounding area. The use will be limited in scale and intensity and will not negatively affect the subject or surrounding properties, as conditioned. d. Adequate utilities and public services are available to serve the proposed use as well as existing and anticipated development in the surrounding area. The site is fully developed and meets City standards for public services and utilities to serve the site. e. The proposed real estate school within the existing commercial building will be compatible with the existing and intended character of the area. The site is developed within an established commercial area with uses of similar scale and intensity. The real estate school will increase the economic viability of the existing commercial development as well as benefit the surrounding community. AGENDA ITEM NO. 1

6 Zoning Administrator Staff Report Conditional Use Permit No. CU Page 4 Prepared by: Approved by: Presented by: Monique Schwartz, Assistant Planner Joel W. Rosen, AICP, Director of Community Development Monique Schwartz, Assistant Planner ATTACHMENTS: 1. Proposed Resolution 2. Business Plan 3. Vicinity Map 4. Development Plans SRCU AGENDA ITEM NO. 1

7 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 A. Recitals. (i) Thompson 2002 Family Trust, property owner, 7257 Via Mariposa Sur, Bonsall, CA , and James In Kim, applicant, 3960 Wilshire Boulevard, Suite 404, Los Angeles, CA 90010, have filed an application for issuance of Conditional Use Permit No. CU to establish a 510 sq. ft. real estate school within an existing real estate office building located at 6071 Beach Boulevard, Buena Park, California, (APN: ) in the County of Orange. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the application. (ii) On January 28, 2016, this Zoning Administrator 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 Zoning Administrator of the City of Buena Park as follows: 1. The Zoning Administrator 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 Zoning Administrator during the above-referenced hearing, including written staff reports, verbal testimony, business plan, and development plans stamped RECEIVED DEC PLNG. DIV., this Commission hereby specifically finds as follows: a. The proposed real estate school is consistent with the City s General Plan and Zoning Ordinance, as conditioned. The project proposal will increase the economic viability of the property while serving the educational needs of the surrounding community. The real estate school will be compatible with the existing real estate office use and with other businesses within the surrounding area, as conditioned.

8 Resolution No. Conditional Use Permit No. CU January 28, 2016 b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the real estate school in conjunction with the existing real estate office use, since the site was originally developed to contain commercial and office uses of similar scale and intensity. Based on the conditioned days and hours of operation, there will be no conflicts or incompatibility created based on the incidental nature of the proposed use. c. Adequate street access, traffic capacity and parking are available to serve the proposed use and anticipated development in the surrounding area. The use will be limited in scale and intensity and will not negatively affect the subject or surrounding properties, as conditioned. d. Adequate utilities and public services are available to serve the proposed use as well as existing and anticipated development in the surrounding area. The site is fully developed and meets City standards for public services and utilities to serve the site. e. The proposed real estate school within the existing commercial building will be compatible with the existing and intended character of the area. The site is developed within an established commercial area with uses of similar scale and intensity. The real estate school will increase the economic viability of the existing commercial development as well as benefit the surrounding community. 3. The Zoning Administrator hereby finds and determines that the project identified above in this Resolution is found to be Categorically Exempt from the requirements of the California Environmental Quality Act as amended, and the Guidelines promulgated thereunder pursuant to Class 1, Section of Article 19, of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above, this Zoning Administrator hereby approves the application subject to the plans stamped RECEIVED DEC PLNG. DIV. as modified herein and the following reasonable conditions set forth in paragraph 5 of this Resolution. 5. The following conditions are deemed necessary to protect the public health, safety, and general welfare and are reasonable and proper in accordance with the purpose and intent of the Buena Park City Code: BUILDING DIVISION: 1. The project shall comply with California Title 24 Accessibility requirements. 2. The project shall comply with Buena Park Municipal Code Title 15, California Building Codes. 3. The construction plans require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect. Page 2

9 Resolution No. Conditional Use Permit No. CU January 28, 2016 PLANNING DIVISION: 1. This approval shall be for the establishment of a 510 sq. ft. real estate school as part of an existing 5,037 sq. ft. real estate business located at 6071 Beach Boulevard as shown on plans stamped RECEIVED DEC PLNG. DIV., except as modified herein. No expansion of floor area or alteration of classroom space shall be permitted without approval from the Community Development Director. 2. The real estate school shall only be operated incidental to the real estate business and in such a manner as to preclude problems of noise, loitering, and parking impacts on nearby commercial activities or residential development. 3. The real estate school shall operate in substantial conformance with the submitted business plan stamped, RECEIVED DEC PLNG.DIV. including limitations on operation. 4. The real estate school day and hours of operation shall not exceed Saturdays from 9:00 a.m. to 1:00 p.m. Any modifications to operating day and hours shall be subject to review and approval by the Community Development Director. 5. No outdoor activities shall take place unless approved by the City via Conditional Use Permit or Temporary Use Permit for special events as defined by Section of the City Code. All real estate school activities shall occur within the building. 6. All signs shall conform to the Zoning and Sign Ordinances of the City and require separate approval. Existing temporary signage affixed to gated entry fencing shall be removed. 7. Barbed wire installed above existing perimeter fencing shall be removed. 8. The real estate school shall maintain a business license as required by the Buena Park City Code. 9. The project and/or use authorized by this approval shall at all times comply with all applicable local, state, and federal ordinances, statutes, standards, codes, laws, policies and regulations. 10. This Conditional Use Permit may be revoked for any violation of or noncompliance with any of these conditions or if the use is found to be a public nuisance or a detriment to the public health, safety and welfare in accordance with Section of the Zoning Ordinance. 11. The use authorized by this Conditional Use Permit shall be commenced within one (1) year of the expiration of the appeal period and thereafter diligently advanced until completion of the project. Page 3

10 Resolution No. Conditional Use Permit No. CU January 28, 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. 13. Prior to commencement of the approved use, these conditions and all improvements shall be completed to the satisfaction of the City. 14. The applicant shall indemnify, defend and hold harmless City, its officers, agents, and employees from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation, or property for damage, injury, or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated hereinabove shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED AND ADOPTED this 28 th day of January Ruben Lopez Zoning Administrator ATTEST: Joel W. Rosen, AICP Secretary Page 4

11 Resolution No. Conditional Use Permit No. CU January 28, 2016 AFFIDAVIT OF ACCEPTANCE: I/We do hereby accept all of the conditions contained in this document and all other conditions imposed by Conditional Use Permit No. CU and do agree that I/We shall conform with and abide by all such conditions. Date: Applicant s Signature RECU Page 5

12 Attachment 2. Business Plan

13 City of Buena Park Conditional Use Permit No. CU Beach Boulevard January 28, 2016 Project Vicinity Map Walnut Avenue

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20 STAFF REPORT Zoning Administrator AGENDA ITEM NUMBER: 2 MEETING DATE: January 28, 2016 CASE NUMBER: PROPERTY OWNER APPLICANT: APPLICATION REQUEST: Conditional Use Permit No. CU House of Imports, Inc. 200 SW 1 st Avenue, Suite 1400 Ft. Lauderdale, FL Stantec Architecture Inc. 38 Technology Drive, Suite 100 Irvine, CA To establish a vehicle storage/parking lot for an existing automobile dealership with related site improvements. PROPERTY LOCATION / APNS: 8451 Kass Drive / , GENERAL PLAN / ZONING: Office Manufacturing / CM (Commercial Manufacturing) LAND USE CHARACTERISTICS: 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. RECOMMENDATION: Staff recommends that the Zoning Administrator adopt the attached Resolution approving Conditional Use Permit No. CU with findings of fact and conditions. APPLICATION ANALYSIS: Background: 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

21 Zoning Administrator Staff Report Conditional Use Permit No. CU Page 2 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. Proposal: 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. Discussion: 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. ENVIRONMENTAL ASSESSMENT: The project is Class 1, Section 15301, categorically exempt from CEQA. AGENDA ITEM NO. 2

22 Zoning Administrator Staff Report Conditional Use Permit No. CU Page 3 PUBLIC HEARING NOTICES: 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, FINDINGS OF FACT: a. The proposed vehicle storage/parking lot, as an accessory use to the existing automobile dealership, is consistent with the City s General Plan and Zoning Ordinance. The project meets all applicable development standards, including access, parking, lighting, circulation, and landscaping. b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the proposed project. The new site improvements will maximize the efficient utilization of the site, improve the aesthetic appearance of site, integrate the site with the surrounding neighborhood, and contribute to the continued revitalization of the area. c. Adequate street access, traffic capacity and parking are available to serve the proposed use and anticipated development in the surrounding area. It is not anticipated that the project will negatively affect traffic or circulation for adjacent properties, or properties in the vicinity, as conditioned. d. Adequate utilities and public services are available to serve the proposed use as well as existing and anticipated development in the surrounding area. The project will be consistent with similar uses in the vicinity, as conditioned. e. The proposed vehicle storage/parking lot, as an accessory use to the existing automobile dealership will be compatible with the existing and intended character of the area. The proposed project will not produce results detrimental to the public health, safety, or welfare and will not be injurious to other properties in the vicinity, as conditioned. Prepared by: Approved by: Presented by: Monique Schwartz, Assistant Planner Joel W. Rosen, AICP, Director of Community Development Monique Schwartz, Assistant Planner ATTACHMENTS: 1. Proposed Resolution 2. Business Plan 3. Vicinity Map 4. Development Plans SRCU AGENDA ITEM NO. 2

23 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 A. Recitals. (i) House of Imports, Inc., property owner, 200 SW 1 st Avenue, Suite 1400, Ft. Lauderdale, FL 33301, and Stantec Architecture, Inc., applicant, 38 Technology Drive, Suite 100, Irvine, CA 92618, have filed an application 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, Buena Park, California, (APNS: , ) in the County of Orange. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the application. (ii) On January 28, 2016, this Zoning Administrator 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 Zoning Administrator of the City of Buena Park as follows: 1. The Zoning Administrator 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 Zoning Administrator during the above-referenced hearing, including written staff reports, verbal testimony, business plan, and development plans stamped RECEIVED DEC PLNG. DIV., this Zoning Administrator hereby specifically finds as follows: a. The proposed vehicle storage/parking lot, as an accessory use to the existing automobile dealership, is consistent with the City s General Plan and Zoning Ordinance. The project meets all applicable development standards, including access, parking, lighting, circulation, and landscaping. b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the proposed project. The new site improvements will maximize the efficient utilization of the site, improve the aesthetic appearance of site,

24 Resolution No. Conditional Use Permit No. CU January 28, 2016 integrate the site with the surrounding neighborhood, and contribute to the continued revitalization of the area. c. Adequate street access, traffic capacity and parking are available to serve the proposed use and anticipated development in the surrounding area. It is not anticipated that the project will negatively affect traffic or circulation for adjacent properties, or properties in the vicinity, as conditioned. d. Adequate utilities and public services are available to serve the proposed use as well as existing and anticipated development in the surrounding area. The project will be consistent with similar uses in the vicinity, as conditioned. e. The proposed vehicle storage/parking lot, as an accessory use to the existing automobile dealership will be compatible with the existing and intended character of the area. The proposed project will not produce results detrimental to the public health, safety, or welfare and will not be injurious to other properties in the vicinity, as conditioned. 3. The Zoning Administrator hereby finds and determines that the project identified above in this Resolution is found to be Categorically Exempt from the requirements of the California Environmental Quality Act as amended, and the Guidelines promulgated thereunder pursuant to Class 1, Section of Article 19, of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above, this Zoning Administrator hereby approves the application subject to the plans stamped RECEIVED DEC 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: PUBLIC WORKS DEPARTMENT: 1. 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. Hydrology/hydraulics Study d. Water Quality Management Plan (WQMP) 2. 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. Page 2

25 Resolution No. Conditional Use Permit No. CU January 28, 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. 4. 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. 5. Backflow and cross connection control devices shall be installed in accordance with the City Code. The service shall be owned and maintained by the applicant. 6. All trash collection services needed during construction or after project completion shall be obtained from the City s authorized provider. 7. 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. 8. 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. 9. 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. 10. Prior to 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. 11. Developer shall install drought tolerant landscaping and an automatic and permanent sprinkler system within the parkway along Kass Drive. This landscaping and automatic and permanent sprinkler system shall be maintained by the property owner. If the property owner does not wish to maintain the parkway landscaping and irrigation, a new concrete sidewalk shall be installed per City standards. Page 3

26 Resolution No. Conditional Use Permit No. CU January 28, 2016 FIRE AUTHORITY: 1. The applicant or responsible party shall provide a Knox Box key access to be installed on the gate for emergency purposes to prevent the gate from being damaged in case of emergency response. BUILDING DIVISION: 1. The project shall comply with Buena Park Municipal Code Title 15, California Building Codes. 2. The applicant shall complete the City of Buena Park s Construction Site NPDES Certification Form prior to issuance of building and grading permits. PLANNING DIVISION: 1. This approval shall be for the establishment of a vehicle storage/parking lot for an existing automobile dealership with related site improvements, located at 8451 Kass Drive, Buena Park, California, as shown on plans stamped RECEIVED DEC PLNG. DIV., except as modified herein. 2. The proposed vehicle storage/parking lot shall be incidental to the operation of the existing automobile dealership. 3. The applicant and property owner shall sign a notarized Affidavit of Acceptance of all conditions of approval and return it to the Planning Division within thirty (30) days after the effective date of this approval or prior to the issuance of a building permit or certificate of occupancy, whichever may occur first. 4. 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. 5. The vehicle storage/parking lot shall comply with all provisions of the Buena Park Municipal Code, including Chapter 8.28, Noise Control. 6. This Conditional Use Permit may be revoked for any violation of or noncompliance with any of these conditions in accordance with Section of the Zoning Ordinance. 7. The site design shall be consistent with plans stamped "RECEIVED DEC PLNG. DIV.", with exact design details and specifications subject to Planning Division approval. Color and material samples or colored photographs for the following shall be submitted prior to issuance of building permits: Page 4

27 Resolution No. Conditional Use Permit No. CU January 28, 2016 a. Wrought iron fencing/gates. b. Light fixtures and light standards Colors and materials used shall be generally consistent with plans submitted and stamped RECEIVED DEC PLNG. DIV., except as modified herein. 8. The applicant shall demonstrate that proposed building materials, and other architectural/site features are rated for appropriate durability and longevity. In the event that said rating cannot be obtained, alternate materials shall be used under the direction of the Planning Division. 9. All parking areas and driveways shall be striped and paved in compliance with Sections and of the Zoning Code, generally consistent with the submitted conceptual plan, stamped RECEIVED Dec. 22, All parking areas serving commercial uses shall be striped with white double lines separating stalls, with minimum 4 in. wide stripes and minimum 8 in. separation. All driving surfaces shall be paved and slurry sealed to provide an even, unbroken driving surface and to present a uniform appearance. Installation of speed bumps shall not be permitted within required fire lanes, access drives, or driveways. All landscaped areas shall be separated from adjacent vehicular areas by a masonry wall or portland cement concrete (p.c.c.) curb a minimum of 6 inches in height or by p.c.c. or masonry walkway. It shall be the responsibility of the applicant to submit to the Public Works Department such plans as are necessary to ensure that the installation of curbs or walls do not detrimentally affect drainage. 10. All ground-mounted mechanical equipment shall be located and screened as approved by the Planning Division. 11. All lighting shall be designed to prevent glare upon streets, walkways, and surrounding property. The equivalent of one (1) foot candle minimum illumination shall be provided throughout the parking area. Lighting shall comply with applicable ordinance standards including functional and aesthetic criteria. The required lighting levels and fixture design shall be approved by the Planning Division before permits are issued. 12. Applicant shall install security cameras throughout the parking lot. 13. No promotional signs or materials shall be permitted on the premises. 14. Vehicle display signs shall be limited to a sign inside the front side window listing a description, price and model year of the vehicle. 15. The applicant and/or property owner shall be responsible for maintaining the lighting, fencing, landscaping, and all improvements in good order at all times. Any accumulation of trash, weeds, or debris on the property shall be removed immediately so as not to present a public nuisance. Graffiti on the fencing or associated improvements shall be removed immediately by the applicant/property owner or upon notification by the City. Page 5

28 Resolution No. Conditional Use Permit No. CU January 28, All required double check valve assemblies located within the front yard or within the public view shall be located below grade. 17. 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. 18. Three sets of detailed landscaping/irrigation/sprinkler plans shall be submitted to the Planning Division for review and be approved prior to the issuance of building permits. Landscaping as approved and provided with an automatic and permanent sprinkler system shall be considered a part of this plan and shall be installed and maintained as a condition of the use. 19. Landscaping shall consist of a variety of trees (24" box size min.), shrubs (5 gal. min.) and ground covers, generally consistent with plans stamped RECEIVED DEC PLNG. DIV. and as conditioned. All landscaping shall be continuously maintained in a healthy growing condition. The following landscape improvements shall be completed prior to completion of the project and operation of use: The front landscape setback along Kass Drive shall include a minimum of thirteen (24 in. box size min.) trees, spaced equally approximately ft. apart, and drought tolerant landscaping to include flowering shrubs (5 gal. min.) and ground cover. All other landscape planters shall include a combination of (24 in. box size min.) trees, equally spaced from each other, and drought tolerant landscaping to include flowering shrubs (5 gal. min.) and ground cover. 20. All landscaping/irrigation/sprinkler plans shall comply with the City of Buena Park Water Efficiency Landscape Ordinance, Title 13, Chapter of the Buena Park Municipal Code. 21. Existing chain link perimeter fencing shall be removed and replaced with new 8 ft. tall wrought iron fencing and entry gates, except that a 6 ft. min. tall chain link fence shall be permitted along the north property line, parallel to the Santa Ana (I-5) Freeway. 22. The project and/or use authorized by this approval shall at all times comply with all applicable local, state, and federal ordinances, statutes, standards, codes, laws, policies and regulations. Page 6

29 Resolution No. Conditional Use Permit No. CU January 28, The project shall conform to the plan as finally approved by the City as conditioned herein. Final plans shall incorporate all changes as conditioned herein and shall recognize all easements or deed restrictions pertaining to the subject property. Any appreciable modification shall require the prior approval of the Planning Commission. 24. Prior to commencement of the approved use, these conditions and all improvements shall be completed to the satisfaction of the City. 25. The applicant shall indemnify, defend and hold harmless City, its officers, agents, and employees from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit and from any and all claims and losses occurring or resulting to any person, firm, corporation, or property for damage, injury, or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated hereinabove shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED AND ADOPTED this 28 th day of January Ruben Lopez Zoning Administrator ATTEST: Joel W. Rosen, AICP Secretary Page 7

30 Resolution No. Conditional Use Permit No. CU January 28, 2016 AFFIDAVIT OF ACCEPTANCE: I/We do hereby accept all of the conditions contained in this document and all other conditions imposed by Conditional Use Permit No. CU and do agree that I/We shall conform with and abide by all such conditions. Date: Applicant s Signature RECU Page 8

31 Attachment 2. Business Plan Monique, The site will be strictly used for storing new and used car inventory that do not fit at the main HOI lot. There will be no public access to the site. HOI employees will drop off and pick up cars from this location and shuttle them to the main HOI site. No advertising, or signage on this site. Hours will match the main HOI site hours of operation. Please let me know if you need anything else. Thanks Vandana Kelkar Project Manager Stantec 38 Technology Drive Suite 100 Irvine CA Phone: (949) Cell: (949) Fax: (949)

32 City of Buena Park January 28, 2016 Conditional Use Permit No. CU Project Vicinity Map Walnut Avenue

33 REFLECTORIZED TAPE 3M 3'-6" ABOVE FINISH GRADE 1 1/2" 3" 6"Ø W/ WELDED STEEL TOP. FILL W/ CONC. & PAINT TO MATCH BUILDING EXTEND FOOTING TO SURFACE WHEN YARD SURFACE IS ASPHALT PAVEMENT SURFACE PER PLAN 4" 1'-6" MIN. ISOLATION JOINT 18" DIA. CONCRETE FOOTING 200 SW 1ST AVE., 14TH FLOOR FORT LAUDERDALE, FL 33301

34

35 BID DATE

36 1 PD GROUND COVER TRIANGULAR SPACING 3 N.T.S. PROP-PLNT-TRE-08 2 TREE STAKING N.T.S. 1 PD PROP-PLNT-TRE-02 4 ROOT BARRIER N.T.S. PROP-PLNT-TRE-07 1 TREE OR SHRUB PLANTING N.T.S. PROP-PLNT-TRE-01 REGI STE RE D L ANDS C APE No A. Stevens Cook II A R CH IT E CT EXP STA TE OF C I AL I FORN A

37 C REGI STE OF AL I STA TE FORN A I No A. Stevens Cook II EXP E CT IT CH RE R D A L APE ANDS C

38 C REGI STE OF AL I STA TE FORN A I No A. Stevens Cook II EXP E CT IT CH RE R D A L APE ANDS C