Agrusa, Barstow, Capelle, Chung, Diep, McGuire, and Schoales. 1. APPROVAL OF MINUTES Meeting of February 22, 2017

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1 AGENDA Planning Commission MEETING DATE AND TIME: March 8, :00 p.m. MEETING LOCATION: Council Chamber Members of the public who wish to discuss an item should fill out a speaker identification card and hand it to the secretary. When the item is announced by the Chair, speakers should come forward to the microphone, and upon recognition by the Chair, state their names and addresses. All actions by the Planning Commission are final unless an appeal to the City Council is filed with the City Clerk within ten (10) working days of the decision. CALL TO ORDER / FLAG SALUTE: ROLL CALL: Agrusa, Barstow, Capelle, Chung, Diep, McGuire, and Schoales 1. APPROVAL OF MINUTES Meeting of February 22, 2017 RECOMMENDED ACTION: Approve PUBLIC HEARING: NEW BUSINESS: 2. CONDITIONAL USE PERMIT NO. CU A request to establish the sale of beer and wine for on-site consumption at an existing restaurant located at 7550 Orangethorpe Avenue, Suite E-100 within the ECSP (Entertainment Corridor Specific Plan) zone. The project is Class 1, Section 15301, categorically exempt from CEQA. PROJECT OWNER: APPLICANT: Shin Sung LLC 1 Mansfield Drive Irvine, CA Kyung K. Lee Gascoigne Drive Cupertino, CA RECOMMENDED ACTION: Adopt Resolution of Approval

2 Planning Commission Agenda March 8, 2017 Page 2 3. CONDITIONAL USE PERMIT NO. CU A request for Conditional Use Permit to operate a billiards parlor within an existing commercial shopping center located at 8556 Beach Boulevard, Suite F within the CG (Commercial General) zone with the Beach Crescent Architectural Overlay. The project is Class 1, Section 15301, categorically exempt from CEQA. PROJECT OWNER:. APPLICANT: RECOMMENDED ACTION: Carom Sports, Inc Beach Boulevard Buena Park, CA Sam Sung Development Company c/o Daniel Lee 1138 Livingston Lane Fullerton, 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. AGENDA FORECAST: STAFF REPORTS: COMMISSION REPORTS: ADJOURNMENT: To the Study Session immediately following this meeting

3 Planning Commission Agenda March 8, 2017 Page 3 STUDY SESSION ROLL CALL: Agrusa, Barstow, Capelle, Chung, Diep, McGuire, and Schoales TOPIC: Planning Commission role under Chapter ABATEMENT OF PUBLIC NUISANCES Presented by: Joel W. Rosen, AICP Community Development Director ADJOURNMENT: PCAG030817

4 Minutes of the Planning Commission Meeting of February 22, 2017 Vol Page No CITY OF BUENA PARK MINUTES OF CITY PLANNING COMMISSION February 22, 2017 The regular meeting of the Planning Commission of the City of Buena Park convened at 7:00 p.m. on February 22, 2017, in the City Council Chamber, 6650 Beach Boulevard, Buena Park, California with Chair Schoales presiding. PRESENT: COMMISSIONERS: Agrusa, Barstow, Capelle, Chung, Diep, McGuire, and Schoales Joel W. Rosen, AICP, Director of Community Development Jay Saltzberg, Planning Manager Brady M. Woods, Senior Planner Tiffany Lin, Assistant Planner Iris Lee, Assistant City Engineer Ruth Santos, Senior Administrative Assistant 1. APPROVAL OF MINUTES Meeting of February 8, 2017 RECOMMENDED ACTION: Approve Commissioner Barstow abstained from voting on this item due to his absence at the Planning Commission Meeting of February 8, 2017, Commissioner Capelle moved and Commissioner Diep seconded the motion to approve the minutes. AYES: 6 COMMISSIONERS: Capelle, Diep, Agrusa, Chung, McGuire, and Schoales NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAIN: 1 COMMISSIONER: Barstow NEW BUSINESS: 2. SITE PLAN NO. SP AND SITE PLAN NO. SP A request to construct two new warehouse and distribution buildings totaling approximately 379,000 sq. ft. with parking and site improvements for the new TAWA Supermarket Headquarters located at 6300 Regio Avenue in the MH (Heavy Industrial) zone. PROJECT OWNER: Jeremy Hilsman c/o Georgia-Pacific, LLC 133 Peach Street, Northeast Atlanta, GA

5 Minutes of the Planning Commission Meeting of February 22, 2017 Vol Page No APPLICANT: RECOMMENDED ACTION: Jonson Chen 6300 Regio, LLC c/o TAWA Supermarket, Inc Regio Avenue Buena Park, CA Adopt Resolutions of Approval In reply to Chair Schoales, Ms. Santos stated that staff had received no written communication on the item. The staff report was presented by Tiffany Lin, Assistant Planner. The subject property includes two parcels under the same address located on the east side of Regio Avenue. The subject property is zoned MH (Heavy Industrial) and is currently developed with an industrial building formerly occupied by Georgia-Pacific. The properties to the north, south, east, and west are zoned MH (Heavy Industrial) and developed with warehouses. Staff recommends that the Planning Commission adopt the attached Resolutions approving Site Plan Nos. SP and SP with findings of fact and conditions. The properties under application include two lots located on the east side of Regio Avenue south of Altura Boulevard on a acre site. The northern lot is approximately 8.57 acres with a street frontage of 480 ft. and the southern lot is approximately 7.97 acres with a street frontage of 340 ft., for a total street frontage of 820 ft. along Regio Avenue. The site is currently developed with an existing 363,000 sq. ft. manufacturing building that will be demolished as part of this proposal. In 1963, the City approved Site Plan No. SP-184 which established an industrial building on the subject property. Subsequent variances and modifications to the site plan permitted expansions to the original building including offices and covered loading areas. TAWA Supermarkets Inc is a privately held supermarket chain with 50 stores located in five states operating under the 99 Ranch Market and 168 Market brands. TAWA currently operates out of five buildings on the west side of Regio Avenue, directly across from the subject property. The five buildings include the headquarter offices, produce distribution, central food preparation, merchandising offices, ambient temperature storage facilities, frozen food storage, housewares and non-foods storage, and central bakery. The functions of two existing buildings, containing the headquarter offices, produce distribution, food preparation, and merchandising offices, will be relocated to the new industrial buildings. The proposed use of the two existing buildings to be vacated is undetermined, but currently anticipated for additional storage to support the continuing expansion of TAWA. The submitted application and plans propose two concrete tilt-up warehouse and distribution buildings with associated site improvements on two separate lots. The two proposed buildings will serve as the TAWA Supermarket Headquarters, administration center, and distribution center. In addition to administrative offices, the primary business operation for the new complex will include shipping pre-packed local and imported food products, produce, and grocery items from overseas to TAWA s retail store locations. The existing corporate offices for TAWA Supermarket are located at 6281 Regio Avenue and the newly proposed

6 Minutes of the Planning Commission Meeting of February 22, 2017 Vol Page No buildings will accommodate the expansion that TAWA is seeking due to increased business activity and future expansion of their supermarket store locations. Once complete, the new complex will serve as the new TAWA global headquarters with centralized warehouse and distribution. Building 1 will be located on the northern lot and is approximately 179,000 sq. ft. As proposed, the new industrial buildings primarily include storage areas and offices. Building 1 includes 169,500 sq. ft. of dry goods storage area and 9,500 sq. ft. of office, and shipping and receiving areas with supporting truck yards which will be screened from public view. Access to the site will be provided by two drive approaches along Regio Avenue. The southern drive approach is shared with the southern lot (Building 2). An access gate will secure the northern entrance and a guard house is proposed for the southern entrance to allow for truck ingress and egress to the screened and secured yard. A total of 204 parking spaces are provided, with 124 standard stalls, 56 compact stalls, 7 accessible stalls, and 17 clean air stalls; 200 spaces are required by Code. Building 2 will be located on the southern lot and is approximately 200,000 sq. ft. Building 2 includes 59,000 sq. ft. of dry goods storage area, 43,000 sq. ft. of cooler area, 10,000 sq. ft. of freezer area, a 24,300 sq. ft. central kitchen, and two levels of offices. The ground floor office and the office located on the mezzanine will be 25,000 sq. ft. each totaling 50,000 sq. ft. Access will be provided through the northern shared drive approach and the southern drive approach. Both entrances will be secured through access gates within the side yards. A total of 252 parking spaces are provided, with 149 standard stalls, 75 compact stalls, 7 accessible stalls, and 21 clean air stalls; 245 spaces are required by Code. The two lots provide independent parking and circulation and will include separate addresses. The drive approach is shared between the two properties, but the driveway width is sufficient to provide two-way access for each property. The buildings will be 38 ft. tall and set back 92 ft. from the property line with a 20 ft. landscaped buffer within the front yard and a new 5.5 ft. wide public sidewalk. The buildings will also maintain an approximately 45 ft. setback from the north and south property lines and an approximately 55 ft. setback from the east property line, adjacent to existing industrial buildings. The north, south, and east setback areas will include primarily driveways and parking areas. The west setback includes a landscaped buffer along the street as well as additional parking areas. A new 8 ft. tall fence will surround the perimeter of the two properties and an 8 ft. tall chain link fence will separate the two lots. Portions of the perimeter fence that are visible from the public right of way will include wrought iron while the remainder will consist of chain link fencing. Landscaping along the project frontage along Regio Avenue will include 24 in. box trees, a variety of shrubs, and groundcover. In addition, internal landscaping is provided in compliance with Code requirements. The architecture of the buildings will feature a contemporary design, including gray concrete panels, reveals painted to match the building, decorative address signs, dual glazing with aluminum and glass entry, metal wall louvers, and an aluminum canopy. The front elevation features areas with extensive glazing and mullions. The building frontage also includes a recessed entry and an aluminum canopy. When complete, the entire building will maintain a consistent gray color scheme. Both buildings will include the same architectural finish with similar elevations. Sign plans will be submitted separately, subject to the approval of the Planning Division.

7 Minutes of the Planning Commission Meeting of February 22, 2017 Vol Page No Section of the City Code requires Planning Commission review and approval for development of the new approximately 179,000 sq. ft. and 200,000 sq. ft. industrial buildings and associated site improvements via the Site Plan Review process. After reviewing the applicant s request and plans as well as visiting the site, Staff is of the opinion that the proposed industrial complex can be accommodated without negatively affecting the site and surrounding properties. The proposed building and site improvements are similar in size and configuration to the original building and will increase the economic viability of the site and surrounding area. The new distribution center will provide additional job opportunities within the City as well as support expansion of TAWA store locations. The proposed building and site improvements meet the requirements of the City Code including setbacks, access, parking, circulation, landscaping, and design, as conditioned. The new buildings will promote efficiency and enhance work performance through the new configuration of the floor plans by streamlining the different departments and operations under one roof. Once completed, the two sites will provide a total of 456 parking spaces, as required by Code. In regards to the architectural design of the proposed buildings, Staff feels that the proposal will enhance the character of the surrounding area including the existing warehouse facilities for TAWA Supermarkets and surrounding industrial properties. The architectural design of the proposed buildings and site configuration will successfully integrate the revitalized subject property with the surrounding industrial development pattern. The project is Class 2, Section 15302, categorically exempt from CEQA. Twenty six (26) notices of this meeting were mailed to adjacent property owners on February 9, Chair Schoales asked if there were any questions for staff. Commissioner Agrusa noted the proposed heavy manufacturing use and asked if there will be sufficient space for storage of trucks as well as in and out flow of delivery trucks. Mr. Rosen said the total square footage of the two proposed buildings and the overall size of the proposed development are consistent with the current development at the site.. Chair Schoales 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. Craig Williamson, Principal Architect for the proposed project, confirmed Mr. Rosen s statement that the proposed project is consistent with the current site development and that there is no intensification as far as flow and parking of delivery trucks. Mr. Williams added that the proposed architectural style of the project will enhance the site and the surrounding area. There being no one else wishing to speak on the matter, Chair Schoales 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 following Resolutions approving Site Plan No. SP and Site Plan No. SP with findings of fact and conditions therein.

8 Minutes of the Planning Commission Meeting of February 22, 2017 Vol Page No RESOLUTION NO SITE PLAN NO. SP A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF SITE PLAN NO. SP TO CONSTRUCT A NEW APPROXIMATELY 179,000 SQ. FT. WAREHOUSE AND DISTRIBUTION BUILDING WITH PARKING AND SITE IMPROVEMENTS ON A 8.57 ACRE LOT LOCATED AT 6300 REGIO AVENUE WITHIN THE MH (HEAVY INDUSTRIAL) ZONE, WITH FINDINGS RESOLUTION NO SITE PLAN NO. SP A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF SITE PLAN NO. SP TO CONSTRUCT A NEW APPROXIMATELY 200,000 SQ. FT. WAREHOUSE AND DISTRIBUTION BUILDING WITH PARKING AND SITE IMPROVEMENTS ON A 7.97 ACRE LOT LOCATED AT 6300 REGIO AVENUE WITHIN THE MH (HEAVY INDUSTRIAL) ZONE, WITH FINDINGS AYES: 7 COMMISSIONERS: Barstow, Diep, Agrusa, Capelle, Chung,McGuire and Schoales NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAIN: 0 COMMISSIONER: PUBLIC HEARING: 3. MITIGATED NEGATIVE DECLARATION NO. MND17-01 A request to consider a recommendation to the City Council for the certification of a Mitigated Negative Declaration for the construction of a new booster pump station at the site of an existing outdated water pumping station next to a City of Buena Park reservoir to include a 1,949 sq. ft. water pump building located at 8781 Rosecrans Avenue, City of Fullerton. PROJECT PROPONENT: RECOMMENDED ACTION: City of Buena Park 6650 Beach Boulevard Buena Park, CA Continue to the Planning Commission meeting of March 22, 2017

9 Minutes of the Planning Commission Meeting of February 22, 2017 Vol Page No In reply to Chair Schoales, Ms. Santos stated that staff had received no written communication on the item. The site is currently developed with a City of Buena Park water pumping station, located in the City of Fullerton. Constructed in 1964, the approximately 1/5 acre pumping station site is surrounded by an approximately 6 ft. tall chain link fence with landscape screening. The existing water pumping equipment is located on an unenclosed paved surface with the exception of electrical equipment within an adjacent small masonry building. The site is located on the north side of Rosecrans Avenue. Across Rosecrans Avenue to the south are a condominium development zoned RM-10 (Low Density Multifamily Residential) and Ralph B. Clark Regional Park, located in Buena Park; Athletic fields are located to the west and east of the site. Adjacent directly to the north is Buena Park s 20 million gallon subterranean water storage reservoir, covered by athletic fields, with single family residences beyond, located in Fullerton. Staff recommends that the Planning Commission continue further consideration of Mitigated Negative Declaration to the Planning Commission meeting of March 22, 2017, pending completion of a Phase 1 Environmental Site Assessment at the pump station and reservoir site located at 8781 Rosecrans Avenue in Fullerton, CA. Based on City Code, as coordinated with the City of Fullerton, the proposed Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was submitted for City of Buena Park review and determination that the Initial Study and associated Mitigated Negative Declaration, as previously distributed, demonstrate that there would be no potential environmental impacts associated with development of the new pumping station, based on inclusion of specified mitigation requirements. The Initial Study/MND document analyzes the potential environmental impacts associated with proposed demolition of the existing outdated water pumping station and development of a new water pumping facility. The Initial Study concluded that there was evidence that the project has the potential to have a negative effect on the environment relating to air quality, biological resources, cultural resources, geology and soils, noise, and transportation and traffic, without inclusion of mitigation requirements as part of the project. Therefore, a Mitigation Monitoring and Reporting Program was incorporated to ensure that any potential environmental impacts are reduced to the level of environmental insignificance. During consideration and discussion of the Initial Study/MND at the Planning Commission meeting of February 8, a member of the Planning Commission stated that a City of Buena Park Police Department shooting range was formerly located in the vicinity of the project area and expressed concern about the possibility of residual lead contamination from bullets fired. However, as described by the City s environmental consultant, the hazardous materials data base search for the pump station project did not reveal the existence of the shooting range or any evidence of previously reported hazardous materials at the location. At the conclusion of discussion, the Planning Commission continued the public hearing to February 22, 2017, to allow the City s environmental consultant to complete a Phase 1 Environmental Site Assessment to address if there are any potential impacts from the previous use of the project area as a shooting range. The Phase 1 ESA is scheduled to be completed by March 10 so that findings and recommendations, if any, can be presented to the Planning Commission.

10 Minutes of the Planning Commission Meeting of February 22, 2017 Vol Page No Chair Schoales 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 else wishing to speak on the item, Chair Schoales advised that the item requires a Minute Action to approve continuance to the Planning Commission Meeting of March 22, The MOTION CARRIED unanimously. ORAL COMMUNICATIONS: None AGENDA FORECAST: Mr. Saltzberg announced that the following items will be considered at the next regularly scheduled Planning Commission meeting: 1) a request for beer and wine for on-site consumption from Jumping Dak Restaurant in the Target Center; and 2) a request for a new billiards parlor at the shopping center near Farrell s. STAFF REPORTS: Mr. Rosen announced the pre-opening celebration of Porto s on February 27 and 28, from 11 a.m. to 3 p.m. The event is exclusively for City Officials, City employees, and local partners. COMMISSION REPORTS: Commissioner Barstow asked if Porto s will build its own parking structure. Mr. Rosen said there are no plans at this time. Porto s customers may use the new public parking lot made available by the City. Commissioner Capelle complimented City staff for its commitment and speed in working on projects from the application process to completion. Mr. Rosen said Porto s expressed appreciation of City staff s teamwork. ADJOURNMENT: At 7:20 p.m., Chair Schoales adjourned to the Planning Commission meeting on Wednesday, March 8, 2017, in the City Council Chamber. ATTEST: James Schoales Chair Joel W. Rosen, AICP Secretary

11 STAFF REPORT Planning Commission AGENDA ITEM NUMBER: 2 MEETING DATE: March 8, 2017 CASE NUMBER: PROPERTY OWNER: APPLICANT: APPLICATION REQUEST: Conditional Use Permit No. CU Shin Sung, LLC 1 Mansfield Drive Irvine, CA Kyung K. Lee Gascoigne Drive Cupertino, CA A request to establish the sale of beer and wine for onsite consumption at an existing restaurant PROPERTY LOCATION / APN: 7550 Orangethorpe Avenue / GENERAL PLAN / ZONING: Tourist Entertainment / ECSP (Entertainment Corridor Specific Plan) LAND USE CHARACTERISTICS: The subject property is zoned ECSP (Entertainment Corridor Specific Plan) and is developed with an integrated shopping center that includes two retail buildings. The property to the north, across Orangethorpe Avenue, is zoned CG (Commercial General) and is developed with Stater Brothers supermarket and Der Wienerschnitzel fast food restaurant. The properties to the east and south are zoned ECSP and are developed with the remainder of the integrated shopping center which includes Target and other retail stores. The property to the west is also zoned ECSP and is developed with a gas station. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU with findings of fact and conditions. APPLICATION ANALYSIS: Background:

12 Planning Commission Staff Report Conditional Use Permit No. CU Page 2 The site under application is located on the south side of Orangethorpe Avenue near the southeast corner of Orangethorpe Avenue and Western Avenue. The restaurant is included in the integrated shopping center. The shopping center has a street frontage of 235 ft. along Orangethorpe Avenue with a total land area of 36,141 sq. ft. In August 2004, the Planning Commission approved Conditional Use Permit No. CU to demolish the Sequoia athletic club and event center at the property and construct the shopping center, including a department store, 44,000 sq. ft. of retail space, and a drive-thru restaurant. In April 2006, the Planning Commission approved Conditional Use Permit No. CU to establish two restaurants. One restaurant, currently operating as Kitakata Ramen, was approved with the sale of beer and wine for on-site consumption. The subject suite is the restaurant that was approved without the sale of beer and wine, which previously operated as Waikiki Grill Proposal: The submitted application and plans propose to establish the sale of beer and wine for on-site consumption ancillary to the operation of the 1,979 sq. ft. Jumping Dak restaurant, which has operated since November Jumping Dak serves Korean fried chicken with walk-up counter service. Customers order and pay for the food at the counter which is delivered to the tables by servers. Beer and wine will be served only in conjunction with the food order. According to the submitted business plan, the sale of beer and wine will be served for dine-in customers only as an amenity to food service. The hours of operation for Jumping Dak are 11:00 a.m. to 11:00 p.m. daily. The restaurant floor plan includes a dining room seating a total of 48 persons, kitchen and preparation areas, food service counter, storage area, and restrooms. Restaurant personnel will include approximately 13 people per shift as chefs, servers, and delivery staff. There is no outdoor dining area and no interior or exterior modifications are being proposed. Discussion: Section of the City Code requires the applicant to gain Planning Commission approval to allow the proposed sale of beer and wine for on-site consumption in conjunction with a 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 sale of beer and wine for on-site consumption. Staff believes that on-site sale and consumption of alcoholic beverages will be appropriate within the context of the restaurant and will not negatively impact the subject suite, surrounding businesses, or adjacent properties. As described in the attached letter, the applicant is proposing the sale of beer and wine to remain competitive with the other nearby similar restaurants serving beer and wine and to meet customer demand. Traditionally, Korean fried chicken is served with cold beer. Existing restaurants within the City that offer similar menu items and serve beer and wine include BBQ Chicken and Koko Chicken. The site was originally developed with a restaurant with similar scale and business operations. The sale of beer and wine for on-site consumption is considered to be a typical amenity for this type of restaurant.. As conditioned, the on-site sale and consumption of beer and wine will be incidental to the restaurant use. To reaffirm the incidental use, staff is recommending a condition that requires AGENDA ITEM NO. 2

13 Planning Commission Staff Report Conditional Use Permit No. CU Page 3 gross food sales receipts to exceed gross receipts of alcoholic beverages and those alcoholic beverages be served only in conjunction with food sales. In order to create consistency with approvals for restaurants of similar size and operating characteristics in the area with sale and service of beer and wine for on-site consumption, staff has included a condition limiting the closing hour of operation to 11:00 p.m. daily, consistent with the restaurant s current closing hours. Restaurants in multi-tenant commercial centers in the vicinity which are similar in size and operation, including service of beer and wine for on-site consumption, include Kitakata Ramen, which is required to close at 11:00 p.m. and Aria Restaurant, which closes at 10:00 p.m. Other area restaurants that serve beer and wine include Black Angus Steakhouse (closing 9:30 p.m.) and Villa Garden, formerly Golden Nights, (closing 11:00 p.m. Sunday Thursday and 2 a.m. Friday - Saturday). With the exception of Rock and Brews closing hours of operation for restaurants in the surrounding Tourist Entertainment area serving beer and wine range generally from 9:30 p.m. to 11:00 p.m. The required closing time is consistent with adjacent and nearby restaurants serving beer and wine for on-site consumption. The Buena Park Police Department reviewed the proposal and has no objection to the sale of beer and wine as an incidental use to the existing restaurant. 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 website, the Buena Park Library, and Ehlers Community Recreation Center on February 23, 2017, and 20 notices were mailed to property owners within 300 ft. radius of the subject property on February 23, FINDINGS OF FACT: a. The proposed on-site sale and consumption of beer and wine in conjunction with the existing restaurant is consistent with General Plan and Zoning Ordinance requirements for security, circulation, access, and parking. b. The site is adequate in size, shape, location, and other factors to accommodate the existing restaurant with proposed on-site sale and consumption of beer and wine. Based on operation restrictions, as conditioned, there will be no conflicts or incompatibility created based on the ancillary nature of the proposed associated use. c. Adequate street access and traffic capacity are available to serve the existing restaurant with proposed on-site sale and consumption of beer and wine as well as existing and anticipated uses in the surrounding area. d. Adequate utilities and public services are available to accommodate the proposed on-site sale and consumption of beer and wine in conjunction with the restaurant use as well as AGENDA ITEM NO. 2

14 Planning Commission Staff Report Conditional Use Permit No. CU Page 4 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 on-site sale and consumption of beer and wine for the existing restaurant will be compatible with the intended character of the area. The restaurant is consistent with the size and configuration of similar restaurants in the area. Prepared by: Approved by: Presented by: Tiffany Lin, Assistant Planner Joel W. Rosen, AICP, Director of Community Development Tiffany Lin, Assistant Planner ATTACHMENTS: 1. Proposed Resolution 2. Business Plan 3. Vicinity Map 4. Development Plans SRCU AGENDA ITEM NO. 2

15 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 ESTABLISH THE SALE OF BEER AND WINE AT AN EXSTING RESTAURANT AT 7550 ORANGETHORPE AVENUE WITHIN THE ECSP (ENTERTAINMENT CORRIDOR SPECIFIC PLAN) ZONE A. Recitals (i) Shin Sung, LLC, property owner, 1 Mansfield Drive, Irvine, CA 92620, and Kyung K. Lee, project proponent, Gascoigne Drive, Cupertino, CA 95014, have filed an application for issuance of Conditional Use Permit No. CU to establish the sale of beer and wine at an existing restaurant at 7550 Orangethorpe Avenue, 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. This resolution supersedes all previous approvals for this location. (ii) On March 8, 2017, 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 DEC PLNG. DIV., this Commission hereby specifically finds as follows: a. The proposed on-site sale and consumption of beer and wine in conjunction with the existing restaurant is consistent with General Plan and Zoning Ordinance requirements for security, circulation, access, and parking. b. The site is adequate in size, shape, location, and other factors to accommodate the existing restaurant with proposed on-site sale and consumption of beer and wine. Based on operation restrictions, as conditioned, there will be no conflicts or incompatibility created based on the ancillary nature of the proposed associated use. c. Adequate street access and traffic capacity are available to serve the existing restaurant with proposed on-site sale and consumption of beer and wine as well as existing and anticipated uses in the surrounding area.

16 Resolution No. Conditional Use Permit No. CU March 8, 2017 d. Adequate utilities and public services are available to accommodate the proposed on-site sale and consumption of beer and wine in conjunction with the restaurant 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. e. The proposed on-site sale and consumption of beer and wine for the existing restaurant will be compatible with the intended character of the area. The restaurant is consistent with the size and configuration of similar restaurants within the area. 3. The Planning Commission hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Class 1, Section of Division 6 of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above, this Commission hereby approves the application subject to the plans stamped RECEIVED 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: PLANNING DIVISION: 1. This approval shall be for the establishment of beer and wine sales for on-site consumption at an existing restaurant at 7550 Orangethorpe Avenue. The development shall substantially comply with the plans stamped RECEIVED DEC PLNG. DIV., except as modified herein. 2. Closing hour for sale of beer and wine at the restaurant shall not exceed 11:00 p.m. daily. Beer and wine sales shall only be for on-site consumption within the restaurant and offered only as incidental to primary food service. 3. The sale of beer and wine for on-site consumption shall only be incidental to the operation of the restaurant. Sale of alcohol for off-site consumption shall be prohibited. 4. Quarterly gross sales of alcohol shall not exceed quarterly gross sales of food. Quarterly records shall be maintained to separately reflect gross sales of food and gross sales of beer and wine and shall be made available to the City of Buena Park upon request. 5. The premises shall be continuously maintained as a bona fide eating establishment, and shall provide a menu containing an assortment of foods normally offered in restaurants. Page 2

17 Resolution No. Conditional Use Permit No. CU March 8, No live entertainment, pool tables, video games, dancing, karaoke or other amusement devices shall be permitted within the restaurant without first obtaining an Entertainment Permit approved by the Community Development Department and Police Department detailing permissible entertainment types in accordance with the provisions of Chapter 5.24 of the Buena Park Municipal Code prior to commencing any entertainment on the premises. 7. The approved use shall maintain a business license as required by the Buena Park City Code. 8. The front windows of the restaurant shall remain sufficiently uncovered to allow unobstructed view into the restaurant from the exterior, except that mini-blinds or shades may be used during daytime hours for sun shielding. 9. The project and/or use authorized by this approval shall at all times comply with all applicable local, state, and federal ordinances, statues, 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 in accordance with Section of the Zoning Ordinance. 11. The use authorized by this Conditional Use Permit shall be commenced or construction necessary and incidental thereto shall be started within one (1) year of the expiration of the appeal period and thereafter diligently advanced until completion of the project. 12. 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. Page 3

18 Resolution No. Conditional Use Permit No. CU March 8, 2017 PASSED AND ADOPTED this 8 th day of March 2017 by the following called vote: AYES: NOES: ABSENT: ABSTAINED: COMMISSIONER: COMMISSIONER: COMMISSIONER: COMMISSIONER: James Schoales Chair ATTEST: Joel W. Rosen, AICP Secretary AFFIDAVIT OF ACCEPTANCE: I/We do hereby accept all of the conditions contained in this document and all other conditions imposed by Conditional Use Permit No. CU and do agree that I/We shall conform with and abide by all such conditions. Date: Applicant s Signature RECU Page 4

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25 SUBJECT PROPERTY City of Buena Park Planning Commission March 8, Orangethorpe Avenue CU Project Vicinity Map Walnut Avenue

26 REVISION WESTERN AVENUE GENERAL CONTRACTORS 336 LOS COCHES ST., MILPITAS, CA (E) GAS STATION EXISTING ONE-STORY BUILDING 1,979 S.F. (E) COMMERCIAL CENTER ORANGETHROPE AVE. PROJECT TITLE : PROJECT LOCATION : (E) COMMERCIAL CENTER SHEET TITLE: DRAWN: DATE: RDM 12/07/16 JOB #: SCALE AS SHOWN SHEET:

27 39'-0 1/2" REVISION 7'-8 1/4" 7'-0" 5'-2" 18'-8 1/2" 8'-2" 8'-4 1/2" (E) WOMENS 102 (E) WALK-IN COOLER 107 (E) STORAGE 104 7'-11 1/2" (E) WALK-IN COOLER '-1 1/4" GENERAL CONTRACTORS 8'-2" 8'-6" MENS 103 (E) PREP AREA 106 8'-1" 336 LOS COCHES ST., MILPITAS, CA '-8 3/4" 10'-0" 4'-8 1/4" 2'-4 1/2" 3'-1 1/2" 46'-11 1/4" 2'-10" 2'-4" 3'-2" 4'-0" (E) KITCHEN '-0 3/4" SERVING AREA 108 2'-6" 5'-0" 31'-9 3/4" 10'-5" 3'-4 1/4" DINING 101 3'-0" 2'-4" 3'-7" 6'-2" 11'-11" 6'-0 3/4" 6'-3 1/2" 3'-6" 2'-6" 3'-0" 1 1/2" PROJECT TITLE : PROJECT LOCATION : 12'-2" 39'-0 1/2" 1'-0" 5'-0" 6'-0" 4'-0" 12" 10'-0" 10 1/2" 2'-6" 6" 2'-4" 3'-0" 4'-0" 3'-0" 1'-4" SHEET TITLE: 4'-8" DRAWN: DATE: RDM 3/14/16 3'-2" 10'-0" JOB #: SCALE 1/4"=1'-0" SHEET:

28 STAFF REPORT Planning Commission AGENDA ITEM NUMBER: 3 MEETING DATE: March 8, 2017 CASE NUMBER: PROPERTY OWNER: APPLICANT: APPLICATION REQUEST: Conditional Use Permit No. CU Sam Sung Development Co. Daniel Lee 1138 Livingston Lane Fullerton, CA Carom Sports Inc Beach Boulevard Suite F Buena Park, CA A request to establish and operate a billiard parlor within an existing commercial shopping center PROPERTY LOCATION / APN: 8556 Beach Boulevard Suite F / GENERAL PLAN / ZONING: Commercial / CG (Commercial General) LAND USE CHARACTERISTICS: The subject property is zoned CG (Commercial General) with the BCAO (Beach Crescent Architectural Overlay) designation and is currently developed with an integrated commercial center that includes a restaurant building and two multi-tenant commercial buildings. The property is part of an integrated development with the two adjacent parcels developed with Farrell s Restaurant and Millennium Clothing. The property to the north is zoned CG and is developed with the Best Host Inn. The properties to the east, across Stanton Avenue, are zoned CG and are developed with the Knights Inn Motel and the Dorado Senior Apartments. The properties to the south are zoned CG and are developed with a multi-tenant commercial building. The properties to the west, across Beach Boulevard, are zoned CG and RS-6 (One Family Residential) and are developed with the Walgreens pharmacy and single family homes. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU with findings of fact and conditions.

29 Planning Commission Staff Report Conditional Use Permit No. CU Page 2 APPLICATION ANALYSIS: Background: The integrated development under application is generally located within the triangle between Beach Boulevard, Stanton Avenue, and Crescent Avenue, with street frontages of 550 ft. along Stanton Avenue and 750 ft. along Beach Boulevard, and a total land area of 4.2 acres. In 1967, the Planning Commission approved Variance No. V-525 to establish a Firestone Tires building within an existing integrated center with reduction in required parking for the integrated development. The variance allowed for reduction of 22 parking spaces, for a total of 263 spaces. The integrated center was later divided into three individual parcels which are required to maintain reciprocal access, parking and circulation agreements. The three parcels comprising the integrated center are separately owned. The individual property under application is developed with an 17,267 sq. ft. multi-tenant building, a 3,876 sq. ft. restaurant building and the 10,336 sq. ft. multi-tenant building, formerly operated as Firestone Tires. The separately owned Millennium Clothing and Farrell s Restaurant properties are not part of this application. On October 14, 2009, the Planning Commission approved Site Plan No. SP to renovate a portion of the multi-tenant center to include building enhancements, parking expansion to include 11 additional spaces, and landscape improvements. The individual tenant area under application is approximately 3,804 sq. ft. and is located in the center of the approximately 17,267 sq. ft. multitenant building toward the north property line. Proposal: The submitted application, plans, and business plan, propose operation of a 3,804 sq. ft. billiard parlor within the former Westfield Sporting Goods suite within the 17,267 sq. ft. multi-tenant commercial building. Carom Sports Billiards will specialize in carom billiards which is played on cloth-covered, pocket-less tables. As described in the attached business plan, this type of billiards is different from other forms of billiards, with tables completely bound by cushions and the use of three balls. The proposed billiard parlor will maintain a total of twelve billiard tables. The business will be owner-operated and business operations require one additional employee. No alcoholic beverages or food will be served. The applicant is proposing to include one vending machine that will provide snacks consisting of chips, cookies, and soft drinks. The proposed hours of operation for the billiards parlor will be from 10:00 a.m. to 2:00 a.m. In order to accommodate the new use, the interior of the tenant space will be reconfigured to include 12 billiard tables, restroom facilities, a reception counter, perimeter tables and chairs, wallmounted scoreboards and cue-racks, an office, and a storage room. No other modifications to the interior or exterior of the tenant space are proposed. As shown on the submitted site plan, there are currently 274 parking spaces provided the shopping center. Access, circulation, and parking for the shopping center will not be altered as part of this application. AGENDA ITEM NO. 3

30 Planning Commission Staff Report Conditional Use Permit No. CU Page 3 Discussion: Section of the Zoning Code requires Planning Commission review and approval for the establishment of a billiard parlor via the Conditional Use Permit process. In reviewing the applicant s request, staff reviewed proposed plans and other local billiard parlors, and visited the property and is of the opinion that the existing tenant space and site are adequate to support the proposed billiard parlor. Staff believes that the adjacent uses at the site and surrounding businesses will not be negatively affected by the proposed business since the anticipated peak evening hours for the billiard parlor, from 8:00 p.m. to 11:00 p.m. will not coincide with the hours of most of the surrounding businesses and sufficient parking will be provided. The existing restaurant and hookah lounge within the center maintain hours of operation ranging from 5:00 p.m. to 4:00 a.m. which will coincide with the billiard parlor. The existing restaurant operates from 5:00 p.m. to 12:00 a.m. and the hookah lounge maintains closing hours of operation at 2:00 a.m. Sunday through Thursday and 4:00 a.m. Friday and Saturday. Other businesses at the site operate generally between 10:00 a.m. and 9:00 p.m. Adequate parking will continue to be provided with 274 parking spaces, as permitted. It is not anticipated that the new billiards parlor will negatively impact parking at the shopping center. The proposed suite is located to the east of several single family homes. Staff feels that Beach Boulevard provides adequate separation between the proposed business and the single family homes. The residential properties are located more than 200 ft. to the west and the tenant space is further buffered by the existing free-standing restaurant as well as site improvements including landscaping and parking. Restricted business operations, including prohibition of alcohol sales and live entertainment, will further ensure compatibility with existing and anticipated uses on-site. The Buena Park Police Department reviewed this application and provided the attached memo, dated January 10, 2017, 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 businesses and properties. To further ensure security, additional conditions were included to prohibit window displays, treatments and signage that would obstruct vision into the establishment. In addition, the provision of a security guard during the billiard parlor s hours of operation will prevent potential impacts, further ensuring compatibility with other businesses within the commercial center. Staff has included a condition of approval allowing the applicant to seek relief from the requirement of a security guard following six months of operation, which will be subject to Police Department approval. As conditioned, Staff is of the opinion that the use would be compatible within the multi-tenant commercial center as well as with uses within the surrounding area. The proposed business will increase the viability and economic stability of the existing commercial center and provide a private recreational facility for the surrounding community. ENVIRONMENTAL ASSESSMENT: The project is Class 1, Section 15301, categorically exempt from CEQA. AGENDA ITEM NO. 3

31 Planning Commission Staff Report Conditional Use Permit No. CU Page 4 PUBLIC HEARING NOTICES: Notice of public hearing was posted at City Hall, the Buena Park website, the Buena Park Library, and Ehlers Community Recreation Center on February 23, 2017, and 25 notices were mailed to property owners within a 300 ft. radius of the subject property on February 23, FINDINGS OF FACT: a. The proposed billiards parlor is consistent with the City s General Plan and Zoning Ordinance, as conditioned. The project will increase the economic viability of the property while serving the recreational needs of the surrounding community, in compliance with applicable standards of the zone. b. The site is adequate in size, shape, location, and other factors to accommodate the proposed billiard parlor since the site was originally developed to contain businesses of similar scale and intensity. c. Adequate street access and traffic capacity are available to serve the proposed business as well as existing and anticipated development in the surrounding area. The project will not cause traffic disruption in the area and proper on-site circulation will not be compromised since the property was developed for commercial uses. d. Adequate utilities and public services are or will be available to serve the proposed use as well as existing and anticipated development in the surrounding area. The site is fully developed and meets the City standards for public services and utilities to serve the site. e. The proposed billiard parlor will be compatible with the area character, as conditioned to limit intensity. The site is an established multi-tenant commercial property with uses of similar scale and intensity. The billiard parlor will provide recreational opportunity as well as increase the economic viability of the commercial site. Prepared by: Approved by: Presented by: Tiffany Lin, Assistant Planner Joel W. Rosen, AICP, Director of Community Development Tiffany Lin, Assistant Planner ATTACHMENTS: 1. Proposed Resolution 2. Business Plan 3. Memo from Police Department 4. Vicinity Map 5. Development Plans SRCU AGENDA ITEM NO. 3

32 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. CU17-001, TO ESTABLISH AND OPERATE A BILLIARD PARLOR AT 8556 BEACH BOULEVARD SUITE F WITHIN THE CG (COMMERCIAL GENERAL) ZONE A. Recitals (i) Sam Sung Development Co., property owner, 1138 Livingston Lane, Fullerton, CA 92833, and Carom Sports Inc., project proponent, 8556 Beach Boulevard Suite F, Buena Park, CA 90620, have filed an application for issuance of Conditional Use Permit No. CU to establish and operate a billiard parlor at 8556 Beach Boulevard Suite F, 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. This resolution supersedes all previous approvals for this location. (ii) On March 8, 2017, 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 JAN PLNG. DIV., this Commission hereby specifically finds as follows: a. The proposed billiards parlor is consistent with the City s General Plan and Zoning Ordinance, as conditioned. The project will increase the economic viability of the property while serving the recreational needs of the surrounding community, in compliance with applicable standards of the zone. b. The site is adequate in size, shape, location, and other factors to accommodate the proposed billiard parlor since the site was originally developed to contain businesses of similar scale and intensity. c. Adequate street access and traffic capacity are available to serve the proposed business as well as existing and anticipated development in the

33 Resolution No. Conditional Use Permit No. CU March 8, 2017 surrounding area. The project will not cause traffic disruption in the area and proper on-site circulation will not be compromised since the property was developed for commercial uses. d. Adequate utilities and public services are or will be available to serve the proposed use as well as existing and anticipated development in the surrounding area. The site is fully developed and meets the City standards for public services and utilities to serve the site. e. The proposed billiard parlor will be compatible with the area character, as conditioned to limit intensity. The site is an established multi-tenant commercial property with uses of similar scale and intensity. The billiard parlor will provide recreational opportunity as well as increase the economic viability of the commercial site. 3. The Planning Commission hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Class 1, Section of Division 6 of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above, this Commission hereby approves the application subject to the plans stamped RECEIVED JAN PLNG. DIV. as modified herein and the following reasonable conditions set forth in paragraph 5 of this Resolution. 5. The following conditions are deemed necessary to protect the public health, safety, and general welfare and are reasonable and proper in accordance with the purpose and intent of the Buena Park City Code: FIRE AUTHORITY: 1. Prior to issuance of a building permit, the applicant or responsible party shall submit the Architectural Plans (Service Codes PR200-PR285) to the Orange County Fire Authority for review. 2. Prior to concealing interior construction, the applicant or responsible party shall submit to the Orange County Fire Authority for review the Fire Sprinkler System (Service Codes PR430-PR455), if the building is currently sprinklered and the system requires modification, 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. Page 2

34 Resolution No. Conditional Use Permit No. CU March 8, Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at BUILDING DIVISION: 1. The project shall comply with state and federal disabled access requirements. 2. The project shall comply with California Building Codes as adopted and amended by the City of Buena Park Municipal Code, Title The building/buildings shall be fully fire-sprinklered as required by the City of Buena Park Municipal Code Title 15, and/or the California Building Codes. 4. The construction plans require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect. 5. 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 establishment and operation of a billiard parlor within an approximately 3,804 sq. ft. tenant space located at 8556 Beach Boulevard Suite F. The development shall substantially comply with the plans stamped RECEIVED JAN PLNG. DIV., except as modified herein. 2. The billiard establishment shall be operated in such a manner as to preclude problems of noise, congestion, interference with nearby activities and policing. The following conditions of operation shall apply. Failure of the property owner or proposed business to adhere to and enforce any of these provisions may be cause for modification or revocation of this conditional use permit. a. It shall be the responsibility of the property owner and business proprietor to take such measures as may be necessary to prevent, preclude, and eliminate any loitering either inside the establishment or within the parking areas within the commercial center in the vicinity of the billiards establishment, both during and after hours. b. Hours of operation shall be limited to the hours of 10:00 a.m. and 2:00 a.m. Monday through Sunday. No persons shall remain on the premises or within the establishment after closing hours. Page 3

35 Resolution No. Conditional Use Permit No. CU March 8, 2017 c. No live entertainment, including but not limited to, disc jockeys, karaoke, dancing, or similar activities, is permitted. d. No food or alcoholic beverages shall be sold or consumed within the establishment or the surrounding parking lot areas. Hot/cold non-alcoholic beverages and snacks may be dispensed from a vending machine within the establishment. e. A maximum of three (3) video or other game machines are permitted consistent with criteria established within Section of the Zoning Code pertaining to Game Machine Arcades. f. All glass storefronts shall remain free and clear of any type of window displays or signage at all times. Windows shall not be tinted, coated, obstructed, or otherwise obscured, in order to provide adequate safety enforcement surveillance into the facility. Furthermore, any interior signs or graphics shall not be displayed in such a manner as to be visible from outside the establishment. g. Smoking is prohibited within the establishment at all times. A cigarette receptacle shall be provided outside the establishment and the design and location of the cigarette receptacle shall be reviewed and approved by the Planning Division. h. A security plan shall be prepared by the applicant and approved by the Chief of Police, and implemented at all times. A responsible adult employee of the establishment shall be on duty throughout the hours that the establishment is open. The approved Security Plan shall include the following: (1) A minimum of one uniformed security guard be present at all times between the hours of 10:00 a.m. to 2:00 a.m. or until 30 minutes after closing time. The uniformed security guard(s) shall be employed by a licensed security company. (2) In order to more fully provide for safety of patrons, any security personnel required shall be able to reasonably communicate with emergency personnel who may be called to the premises in an emergency. (3) Applicant and persons in his/her employ shall immediately contact the Buena Park Police Department to report any incident or disturbance requiring law enforcement intervention, and/or report the request of any patron, employee or other occupant for police to respond. (4) Following six months of operation, the applicant may seek relief from the requirement for a uniformed security guard to be present at all times, subject to review by the Police Department. Page 4

36 Resolution No. Conditional Use Permit No. CU March 8, The approved use shall obtain and continuously maintain a current business license as required by the Buena Park City Code. 4. All signs shall conform to the Zoning and Sign Ordinances of the City and require separate approval. All areas of damage to the building due to the removal of prior signs, shall be refurbished to the satisfaction of the Planning Division. 5. There shall be no outdoor storage or display. 6. All trash bins utilized by the subject business shall be concealed within the existing trash enclosures and continuously secured with a locking mechanism. 7. All lighting and illuminated signs shall be designed to prevent glare upon streets, walkways, and surrounding residential property. Outdoor lighting shall comply with applicable ordinance standards. 8. Sufficient air conditioning/ventilation shall be provided and utilized to permit a comfortable interior environment with doors closed. No roof-mounted mechanical equipment shall be permitted unless such equipment is not visible from adjacent and surrounding properties and streets from height of five (5) feet above ground level. The installation and screening of air conditioning and similar equipment shall comply with existing design criteria and Section of the City Code. 9. The commercial center and tenant space signs, lighting, and landscaping shall be maintained in operating order at all times. Trash, weeds, or debris on the property shall be removed immediately so as not to present a public nuisance. Graffiti on the building or associated improvements shall be removed immediately upon notification by the City. Parking lots shall be maintained in an attractive and suitable fashion with any potholes, significantly cracked or uneven paving and any other significant damage repaired in a timely fashion throughout the life of the project. 10. 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. 11. The use authorized by this Conditional Use Permit shall be started within one (1) year of the expiration of the appeal period. 12. 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. The use authorized by this approval shall at all times comply with all applicable local, state, and federal ordinances, statutes, standards, codes, laws, policies and regulations. Page 5

37 Resolution No. Conditional Use Permit No. CU March 8, Prior to commencement of the approved use, these conditions and all improvements shall be completed to the satisfaction of the City. 15. 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 8 th day of March 2017 by the following called vote: AYES: NOES: ABSENT: ABSTAINED: COMMISSIONER: COMMISSIONER: COMMISSIONER: COMMISSIONER: James Schoales Chair ATTEST: Joel W. Rosen, AICP Secretary Page 6

38 Resolution No. Conditional Use Permit No. CU March 8, 2017 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 7

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43 SUBJECT PROPERTY City of Buena Park Planning Commission March 8, Beach Boulevard Suite F CU Project Vicinity Map Walnut Avenue

44 CAROM SPORTS ARCHITECTURE PLANNING ENGINEERING Aspen Knoll Dr. Diamond Bar Ca Tel: 213) , CRESCENT AVE. BLDG.- A SPACE-A SPACE-D TARGET SPACE (SPACE-F) SPACE-B SPACE-C SPACE-E STANTON AVE. BEACH BLVD. PROJECT BLDG.-A ANALYSIS VICINITY MAP N.T.S CAROM SPORTS PLOT PLAN 1"= 30'-0" Date : Job # : REVISION Sheet # : A 1