Agrusa, Barstow, Capelle, Chung, Diep, McGuire, and Schoales. 1. APPROVAL OF MINUTES Meeting of September 28, 2016

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1 AGENDA Planning Commission MEETING DATE AND TIME: October 12, :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 September 28, 2016 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 with minor interior building and site modifications at an existing full service restaurant with enclosed outdoor dining area located at 6550 Knott Avenue within the CS (Community Shopping) zone. The project is Class 1, Section 15301, categorically exempt from CEQA. PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: 6550 Knott LLC 6550 Knott Avenue Buena Park, CA Hwa Ran Yang 6550 Knott Avenue Buena Park, CA Adopt Resolution of Approval

2 Planning Commission Agenda October 12, 2016 Page 2 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 regularly scheduled Planning Commission meeting on Wednesday, October 26, 2016, at 7:00 p.m. in the City Council Chamber Pcag101216

3 Minutes of the Planning Commission Meeting of September 28, 2016 Vol Page No CITY OF BUENA PARK MINUTES OF CITY PLANNING COMMISSION September 28, 2016 The regular meeting of the Planning Commission of the City of Buena Park convened at 7:00 p.m. on September 28, 2016, in the City Council Chamber, 6650 Beach Boulevard, Buena Park, California with Chair Schoales presiding. PRESENT: ABSENT: COMMISSIONERS: Agrusa, Chung, Diep, McGuire, and Schoales COMMISSIONERS: Barstow and Capelle ALSO PRESENT: Joel W. Rosen, AICP, Director of Community Development Jay Saltzberg, Planning Manager Brady M. Woods, Senior Planner Craig Fox, Deputy City Attorney Ruth Santos, Senior Administrative Assistant 1. APPROVAL OF MINUTES Meeting of September 14, 2016 Study Session of September 14, 2016 RECOMMENDED ACTION: Approve Commissioner McGuire abstained from voting on this item due to his absence from the meeting and study session of September 14, AYES: 4 COMMISSIONERS: Diep, Chung, Agrusa, and Schoales NOES: 0 COMMISSIONER: ABSENT: 2 COMMISSIONERS: Barstow and Capelle ABSTAIN: 1 COMMISSIONER: McGuire PUBLIC HEARING: NEW BUSINESS: 2. DEVELOPMENT AGREEMENT NO. DA A request to consider a recommendation to the City Council for the proposed construction and operation of an approximately 90 ft. tall double-sided digital billboard sign to include offsite advertising at 6555 Beach Blvd. in the CG (General Commercial)/ML (Light Industrial) zones and for use of the exterior digital and static signs for off-site advertising at the commercial center at 6940 Beach Blvd. in the Beach-Orangethorpe Mixed-Use Specific Plan area.

4 Minutes of the Planning Commission Meeting of September 28, 2016 Vol Page No PROJECT PROPONENTS: RECOMMENDED ACTION: The Source at Beach LLC and The Source Tower and Residences LLC 6940 Beach Boulevard Buena Park, CA Adopt Resolution recommending City Council Approval In reply to Chair Schoales, Ms. Santos stated that staff distributed a memo, dated September 28, 2016, with additional or modified terms within the Development Agreement. The staff report was presented by Jay Saltzberg, Planning Manager. Staff recommends that the Planning Commission adopt the attached Resolution recommending the City Council adopt an Ordinance approving Development Agreement No. DA The Source at Beach LLC and The Source Towers and Residences LLC (M & D properties) are proposing a Development Agreement to allow a new approximately 90 ft. tall freewayoriented digital sign for off-site advertising on their property adjacent to the northwest corner of Beach Boulevard and 9 th Street and to allow for off-site advertising on the exterior digital and static signs of The Source commercial center at Beach Boulevard and Orangethorpe Avenue. Off-site advertising signs, typically described as billboards, are signs advertising businesses, products and/or services not sold on the site where the sign is physically located. The Development Agreement proposed is for a new approximately 90 ft. tall double-sided digital billboard sign to include off-site advertising at 6555 Beach Blvd. adjacent to the I-5 Freeway and to allow off-site advertising on the exterior digital and static billboard signs at The Source at 6940 Beach Blvd. As reviewed and conceptually approved by the City Council, the proposed joint Development Agreement with The Source proposes the new ground sign adjacent to the I-5 Freeway to include off-site advertising and use of the exterior seven digital and twenty static signs at the Source commercial center for off-site advertising, subject to terms and conditions. The approximately 90 ft. tall ground sign will include enhanced design including The Source in channel letters, with separate decorative cabinets, including varying textures and finishes, colors, internal illumination, and geometric shapes, with a polished concrete base supporting two 23 ft. by 45.5 sq. ft. digital screens. The 27 digital and illuminated static wall signs on the building exteriors of The Source commercial center will include varying shapes and sizes to create an energetic high technology image for the Beach/Orangethorpe streetscape, including promotion of onsite tenants and products as well as off-site advertising. As part of the request, the terms of the proposed 25 year Development Agreement for the properties include a $1,000,000 negotiated financial contribution to the city over the term of the Agreement. A minimum yearly payment of $25,000 is required starting at the beginning of the fifth year of the Agreement term, increasing to $45,000 yearly payments starting at the beginning of the eleventh year of the Agreement, and further increasing to $65,000 yearly payments starting at the beginning of the sixteenth year of the Agreement. The Development Agreement also requires two weeks dedicated sign time for city public service announcements, requirements to assure continuing operation in good repair,

5 Minutes of the Planning Commission Meeting of September 28, 2016 Vol Page No technology updates, advertising restrictions, and providing City identification on the ground sign similar to other recently approved signs. On December 10, 2013, the City Council initially provided direction to proceed with drafting a Development Agreement with The Source LLP, to include terms and conditions, based on a preliminary concept for a 95 ft. tall freeway-oriented digital ground sign for off-site advertising and the potential development of a mixed-use project at 6555 Beach Boulevard, which had recently been acquired. On August 23, 2016, the City Council responded to a proposal from The Source and provided direction on the proposed Development Agreement terms and conditions and revised design concept for the proposed ground sign. At this time, the Source is deferring plans to develop the mixed-use project, but is proposing an interim treatment for the property, to include screen fencing, landscaping, and a service driveway, associated with the ground sign. The approximately 90 ft. tall ground sign will be located adjacent to the freeway allowing for future development of the site, based on market conditions. The Source is also proposing a revised enhanced monument ground sign design featuring diverse textures, materials, colors, and internal illumination of the sign support system. On January 13, 2015, the City Council approved a new Section Billboards Signs to be added to Chapter of the Zoning Code in order to allow consideration of modern electronic billboard sign technology. The ordinance established a billboard overly zone (BOZ), allowing for off-site advertising, including billboard development and operating standards, in commercial and industrial zones. The ordinance provides for regulatory control, through the use of billboard corridors to determine appropriate locations, as well as prescribes operating and aesthetic standards. As approved by the Council, proponents enter into Development Agreements with the City in order to develop, regulate, and operate the signs and to provide for such benefits as revenue sharing to achieve public objectives, including public improvements, charitable and civic advertising, as well as content regulation. The site proposed for the 95 ft. tall billboard is within the BOZ (Billboard Overlay Zone). The City previously approved Development Agreements for billboards with off-site advertising for Clear Channel Outdoor and Bulletin Displays. With regard to the proposal to include off-site advertising for the digital and static electronic signs on the Source exterior, the approved 2008 Beach-Orangethorpe Mixed Use Specific Plan (which allowed for The Source ), permits a wide range of iconic, unique, and dynamic signage, environmental graphics, and multi-media opportunities for The Source complex. Lighting criteria is included as part of the Specific Plan standards and objectives allowing use of lit billboards while preventing light spillover to adjacent residential areas. The Environmental Impact Report prepared in conjunction with the Specific Plan for The Source complex included a photometric analysis of the anticipated lighting program for the Source building exteriors on Beach Blvd. and Orangethorpe Ave. The photometric analysis concluded that there would be no detrimental environmental impact from the exterior electronic signs. The location and design of the 7 exterior digital signs and 20 static signs to be constructed were previously approved through the Source building construction documents. The proposed Development Agreement would also permit use of the 27 exterior digital and static signs at the Source to include off-site advertising. According to the applicant, off-site advertising on the proposed new digital billboard ground sign adjacent to the freeway and on the exterior digital and static billboard signs at The Source commercial center is essential to attract customers to the Source complex, provide marketing assistance to The Source tenants, and provide capital for continually updating the

6 Minutes of the Planning Commission Meeting of September 28, 2016 Vol Page No technology of the digital signs. Net revenues earned from the billboard signs would be designated for reinvestment in new technology for upgrades to The Source signs. According to information provided by the applicant, the on-site digital and static signs will operate at a net loss or revenue neutral over the next 30 years. This is primarily due to the applicant allowing on-site tenants to occupy approximately 75% of available time on the signs over the first five years, reducing to about 40% thereafter, in order to attract and retain tenants. Provisions for technology reinvestment and support for Source tenants are included within the proposed Development Agreement, to be verified through audits, as well as the requirement that the digital billboard freeway ground sign and The Source commercial complex remain under the same ownership. The City has previously approved off-site advertising Development Agreements for Clear Channel Outdoor and Bulletin Displays allowing three digital ground signs on sites adjacent to freeways (One near the 91 Freeway and 2 near the 5 Freeway). Each agreement is unique and negotiated based on the circumstances and conditions at the time. The Source Development Agreement is based on the unique goals of the project and anticipated primary and secondary benefits of the signs. The primary goals for the Source signs are to support and retain retail tenants and attract/drive retail consumer traffic to The Source. This objective is considerably different than the purpose of the other two off-site advertising Development Agreements with Clear Channel Outdoor and Bulletin Displays., Buena Park businesses may buy advertising time on the Clear Channel and Bulletin Display signs but there is no continuous direct marketing of specific commercial projects in Buena Park. Staff believes that desirable secondary benefits of the proposed new signs will include increased retail sales tax at The Source and increased transient occupancy tax (TOT) from The Source Hilton Hotel. Additional secondary benefits from the new signs will be increased City identification and branding opportunities as well as increased marketing and resulting sales for other entertainment and hospitality uses at and around The Source development. California Government Code Section 5231 authorizes cities to enact ordinances requiring licenses or permits, or both, in addition to those imposed by the California Outdoor Advertising Act (Business and Professions Code Section 5200 et. seq.), for placing advertising displays in view of any highway. In compliance with State law, the billboard ordinance adopted by the City establishes regulations enforced by development agreements and may include financial or physical public benefits to the city. Other cities have also determined that billboard development agreements, including contractual obligations to achieve public benefits, are an effective tool in improving aesthetics and enhancing city services. Billboard ordinances provide the opportunity to improve area aesthetics and enhance marketability of sites within areas specified for billboards as well as to provide financial benefits based on negotiated billboard development agreements. The City Council established regulations to ensure appropriate location, design, and operation of billboard signs through adoption of Billboard Overlay zone standards. Zoning Code Chapter Sign Standards for Commercial and Industrial Zones provides the regulatory framework for billboards in a manner consistent with State laws regulating outdoor advertising. While billboards have been acknowledged as legitimate forms of commercial expression, the design and operation, including size, number, location, and illumination, can have significant influence on the community identity and visual environment of the city and require special attention and regulatory criteria. Therefore, the proposed

7 Minutes of the Planning Commission Meeting of September 28, 2016 Vol Page No Development Agreement, as prepared under the direction of the City Attorney s office, includes regulations to provide reasonable billboard control as an essential factor in assuring compatible billboard design and operation to assure the general community welfare. In order to control the terms for development and operation of the proposed new billboard sign for off-site advertising for The Source, adjacent to the I-5 Freeway at Beach Boulevard, and to allow off-site advertising on exterior digital and static signs at The Source, the Development Agreement process was selected to enable the city to enter into a site specific contract with The Source in order to assure development rights as well as performance, design, and operating standards, including financial terms. The Planning Commission is required to review the proposed Development Agreement and make a recommendation to the City Council. The Development Agreement process allows the proponent and the city to achieve respective goals while providing contractual assurance that sign operations will include suitable provisions to avoid detrimental impacts, including aesthetic, maintenance, and compensatory provisions. Staff reviewed the proposed plans and visited the subject properties and is of the opinion that the proposed new 95 ft. tall billboard sign allowing off-site advertising and that operation of The Source exterior digital and static signs to include off-site advertising will not be detrimental to the respective sites and surrounding areas, based on the required operating terms, including design and regulatory controls. The development and operations requirements will assure appropriate integration in context with existing and anticipated adjacent developments and consistent with applicable development standards. A negative declaration was previously prepared and adopted to assure that there will be no potential environmental impacts associated with billboard signs within the Billboard Overlay zone project area. As determined by the environmental analysis, the ordinance includes sufficient regulatory requirements to address any potential environmental effects associated with billboard development and operation. The billboard development and operating conditions incorporate standards to regulate height, location, separation, design, safety and other factors to address potential effects of billboards. Compliance with the stringent Billboard Overlay Zone regulations, as required for the 90 ft. tall digital billboard as part of the project design, will ensure consistency with community standards in a manner compatible with existing and anticipated area developments and will effectively address the potential for associated adverse environmental effects. As determined, no additional mitigation is required in addition to project design and operating regulations included as part of the required BOZ design and operations requirements. Compliance with required development and operations standards will assure that there will be no significant adverse environmental effects attributable to the project The adopted Beach Orangethorpe Mixed Use Specific Plan and certified EIR anticipated that the Source would have exterior digital/electronic and other illuminated signs. The Specific Plan includes regulations to establish lighting compatibility and the EIR includes a photometric study to ensure that there will be no detrimental impacts associated with the electronic signs for The Source commercial complex. The location and type of the 27 proposed exterior digital and static signs have already been approved as part of the Source construction design and plans. The proposed project allows for off-site advertising, constituting a billboard, to be included on the signs.the proposed project is categorically exempt from CEQA under Class 1, Section

8 Minutes of the Planning Commission Meeting of September 28, 2016 Vol Page No Notice of public hearing for Development Agreement No was posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on September 16, 2016, and 102 notices were mailed to property owners and residents within a 300 ft. radius of the properties on September 16, Chair Schoales asked if there were any questions for staff. Commissioner McGuire asked if Caltrans will have jurisdiction over the proposed signs. Mr. Rosen said Caltrans will have jurisdiction over the freeway-oriented ground sign. He said the signs on the buildings, even if visible from the freeway, are not regulated by Caltrans and do not need a Caltrans permit. Commissioner McGuire asked if the proposed signs will comply with spacing requirements within the Billboard Overlay Zone. Mr. Rosen said the proposed freeway sign is in compliance with the spacing requirement which is 1,000 ft. between freeway signs. Commissioner McGuire asked about the possibility of another proposal for a freeway sign on the northeast corner of the same intersection. Mr. Rosen said such proposal would require an amendment to the zoning ordinance. Commissioner Diep asked if all the signs will be digital and static and if some signs will be made of canvas material. Mr. Rosen said the wall signs on the building exteriors of The Source commercial center will be digital and illuminated static or fixed signs. However, certain individual tenants fixed signs may be made of canvas material. Commissioners Diep and Agrusa expressed their concern about maintenance of all signs. 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. Racquel de Leon, 6980 Brenner Avenue, Buena Park, CA said she resides near the subject area and is concerned that the proposed signs might be a distraction to drivers especially those along Beach Boulevard. She said she is concerned about possible gridlock and resulting accidents, especially during the holidays and the Halloween season at Knott s. She cited the cities of Irvine and Brea as examples of cities with accidents and traffic jams caused by glaring signs along the streets. Before making a motion, Commissioner Diep asked staff to respond to concerns raised by Ms. de Leon. Mr. Rosen said the proposed signs must comply with Caltrans requirements, including restrictions on frequency of displays, degree of illumination, and other safeguard measures. Commissioner Diep asked if lighting on the proposed signs will automatically adjust to natural lighting outside. She also asked for confirmation on regular maintenance of all signs.

9 Minutes of the Planning Commission Meeting of September 28, 2016 Vol Page No Mr. Rosen confirmed that lighting on the proposed signs will automatically adjust to outside natural lighting and that all proposed signs will be regularly maintained. 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 Diep moved and Commissioner McGuire seconded the motion to adopt the following Resolution, including the additional and modified terms listed in the September 28, 2016 memo from staff, recommending City Council approval of Development Agreement No. DA AYES: 5 COMMISSIONERS: Diep, McGuire, Agrusa, Chung, and Schoales NOES: 0 COMMISSIONER: ABSENT: 2 COMMISSIONERS: Barstow and Capelle ABSTAIN: 0 COMMISSIONER: RESOLUTION NO DEVELOPMENT AGREEMENT NO. DA A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF BUENA PARK APPROVE DEVELOPMENT AGREEMENT NO. DA TO CONSIDER A REQUEST FOR CONSTRUCTION AND OPERATION OF AN ELECTRONIC BILLBOARD SIGN TO INCLUDE OFF-SITE ADVERTISING AT 6555 BEACH BOULEVARD AND USE OF THE DIGITAL AND STATIC BILLOBOARD SIGNS AT 6940 FOR OFF-SITE ADVERTISING, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF BUENA PARK ORAL COMMUNICATIONS: None AGENDA FORECAST: Mr. Woods said a Planning Commission Study Session on Arte Homes will be scheduled. STAFF REPORTS: Mr. Rosen and Mr. Woods gave updates on the Aloft Hotel development. Mr. Rosen reported on the September 27 th second reading and approval by City Council of ordinances for the Los Coyotes Country Club Development Plan.

10 Minutes of the Planning Commission Meeting of September 28, 2016 Vol Page No Mr. Rosen said the Site Plan review process for the Los Coyotes Development Plan project will be considered at a future Planning Commission meeting. Commissioner Diep asked if community outreach for the Los Coyotes development will continue as in the past. Mr. Rosen said there will be community meetings prior to scheduling the proposed Los Coyotes development plan for Planning Commission consideration. COMMISSION REPORTS: Commissioner Diep announced that the Center for Demographic Research will have an open house on October 13. She will forward the invitations to staff and the Planning Commissioners. Chair Schoales said he will be unable to attend the Planning Commission meeting on October 12 and 26, and November 9. Commissioner McGuire said he will be unable to attend the Planning Commission meetings on October 12 and 26. ADJOURNMENT: At 7:40 p.m., Chair Schoales adjourned the meeting to the regularly scheduled Planning Commission meeting on Wednesday, October 12, 2016, 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: October 12, 2016 CASE NUMBER: PROPERTY OWNER / APPLICANT: APPLICATION REQUEST: Conditional Use Permit No. CU Knott Avenue Properties LLC/Hwa Ran Yang 6550 Knott Avenue Buena Park, CA To establish the sale of beer and wine for on-site consumption with minor interior building and site modifications at an existing full service restaurant with enclosed outdoor dining area PROPERTY LOCATION / APN: 6550 Knott Avenue / GENERAL PLAN / ZONING: Commercial / CS (Community Shopping) LAND USE CHARACTERISTICS: The subject site is zoned CS (Community Shopping) and developed with a combination full service restaurant and neighborhood market with parking and site improvements. The properties to the north, south, and east are zoned RM-20 (Medium Density Multifamily Residential) and developed with apartments. The property to the west across Knott Avenue is zoned MH (Heavy Industrial) and is developed with an industrial complex. 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: The subject property is located at the northeast corner of Knott Avenue and 9 th Street with street frontages of approximately 149 ft. and 125 ft., respectively, with an area of approximately 18,731 sq. ft. The Planning Commission approved the development of a 4,000 sq. ft. medical office building via Conditional Use Permit No. CU-301 in 1969 under a previous zoning designation that allowed for commercial uses. On February 14, 2015, the City Council approved Zone Change No. Z14-002, General Plan Amendment No. GP14-002, and Conditional Use Permit No. CU15-002, for conversion of the legal non-conforming medical office building to a combination neighborhood restaurant/market. The Conditional Use Permit (CUP) was required

12 Planning Commission Staff Report Conditional Use Permit No. CU Page 2 by the zoning code for the market portion of the business. The restaurant portion of the business is a permitted use and allowed without a CUP in the CS Zone The property owner/applicant did not propose sale of alcohol at the time of approval. The Conditional Use Permit included a condition prohibiting sale of alcoholic beverages on the property. The previous property owner/operator subsequently applied for Conditional Use Permit No. CU for on-site sale of beer and wine. During the Planning Commission public hearing on January 13, 2016, the Planning Commission requested continuance of Conditional Use Permit No. CU in response to Commissioner concerns regarding unpermitted site and building modifications and lack of compliance with conditions required as part of the original approval. Following the Planning Commission s motion for continuance, the previous owner/applicant withdrew the application. As a result of customer requests, the new property owner/business operator is proposing on-site sale and consumption of beer and wine for the restaurant. The request does not include the sale of alcohol for off-site consumption by the market. Proposal: The applicant has submitted an application and plans requesting Planning Commission approval to establish the sale of beer and wine for on-site consumption within the restaurant and enclosed outdoor dining area ancillary to the restaurant use, which has operated since September The outdoor dining area is only accessible from within the restaurant and is surrounded with a 5 ft. tall metal and glass enclosure. A walk-up take-out window is also proposed on the north side of the building, which includes a 4 ft. wide walkway for patrons to order from outside the restaurant. BP Grill is a full service restaurant featuring hamburgers, fries, teriyaki steak, salmon and shrimp over rice, and breakfast dishes. According to the submitted business plan, beer and wine will be served as an amenity to food service. Alcohol sales are not proposed within the market area of the building and will only be for on-site consumption within the restaurant area. The hours of operation for BP Grill are 7:00 a.m. to 10:00 p.m. Monday through Sunday. Minor modifications are proposed to the interior of the building to include a vestibule entry with separate interior entrances into the market and restaurant areas, coffee counter within the restaurant, revised configuration of market display fixtures, new office and storage area for both the market and the restaurant, and an employee restroom for the market. The applicant has obtained a building permit and completed construction of a separation wall system between the market and restaurant. The separation wall and the vestibule will separate the two uses through glass and interior doors. The applicant is creating separation between the market and the restaurant for operational efficiencies, inventory control/theft prevention and ability to rent the market/retail space to a tenant in the future. The building will continue to maintain 1,296 sq. ft. for the market which will include 744 sq. ft. of market display area and the 2,627 sq. ft. restaurant will include 719 sq. ft. of indoor dining area and 429 sq. ft. of outdoor dining area. The configuration of the market display area and dining area is generally consistent with the original approval, except for the separation wall. The final approved floor plan for the original approval included approximately 50 seats and the current floor plan proposes a total of approximately 45 seats. The indoor dining area includes seats for approximately 35 persons and the outdoor dining area includes seats for 10 persons. No exterior building modifications are proposed. Proposed site modifications include the addition of one compact space for a total of 31 parking spaces, including 18 standard spaces,11 compact spaces, and 2 ADA spaces. There will be one manager supervising the operation of the business with six employees. AGENDA ITEM NO. 2

13 Planning Commission Staff Report Conditional Use Permit No. CU Page 3 Discussion: Section of the City Code requires Planning Commission approval for the proposed sale of beer and wine for on-site consumption in conjunction with the 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 restaurant 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 beer and wine will be appropriate within the context of the restaurant and will not negatively impact the subject site or surrounding properties. Adequate separation is provided between the restaurant building, with enclosed outdoor dining area, and the adjacent apartment buildings located between ft. to the north, south, and east. In addition, the existing block walls along the north and east property lines provide sufficient buffering between the site and adjacent residential properties to the north and east. The outdoor dining area is only accessible from within the restaurant and surrounded with a 5 ft. tall metal and glass enclosure, providing a buffer to residential properties to the south. Landscaping and the public right-of-way along 9 th Street provide buffering along the south property line. The walk-up take-out window area on the north side of the restaurant will be separated from the parking area with potted plants and maintain a minimum 4 wide walkway for restaurant patrons. Security cameras are installed both within the interior of the building and along the exterior elevations facing the parking lot. A rear access door is located on the north side of the building, adjacent to the kitchen and is used for employee entrance/exiting, maintenance and deliveries for the restaurant. Customer entries/exits are located on the east and south sides of the building. 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 requiring that gross food sales receipts exceed gross receipts of alcoholic beverages and those alcoholic beverages be served only in conjunction with food sales. To assure compatibility with adjacent residential uses, staff has included a condition limiting the closing time to 10:00 p.m. daily, as proposed by the applicant. 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 full service 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 Library, and Ehlers Community Recreation Center on September 30, 2016, and 16 notices were mailed to property owners within 300 ft. radius of the subject property on September 30, AGENDA ITEM NO. 2

14 Planning Commission Staff Report Conditional Use Permit No. CU Page 4 FINDINGS OF FACT: a. The proposed on-site sale and consumption of beer and wine in conjunction with the full service restaurant is consistent with the City s General Plan and Zoning Ordinance, as conditioned, and will meet applicable operating standards. Sufficient separation is provided from sensitive adjacent residential uses. b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the on-site sale and consumption of beer and wine in conjunction with the full service restaurant. Based on the distance and buffering from nearby residences and the conditioned hours of operation, 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 proposed on-site sale and consumption of beer and wine in conjunction with the restaurant as well as existing 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 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 to serve the site. e. The proposed on-site sale and consumption of beer and wine in conjunction with the restaurant use will be compatible with the existing and intended character of the area. The proposal, as conditioned, will not create a use inconsistent with established and anticipated area uses due to required operating conditions, existing site and building design, as well as separation and buffering. 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. Planning Commission Minutes Business Plan 4. Vicinity Map 5. Development Plans SRCU AGENDA ITEM NO. 2

15 Attachment 1 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 FOR ON-SITE CONSUMPTION WITH MINOR INTERIOR BUILDING AND SITE MODIFICATIONS AT AN EXISTING FULL SERVICE RESTAURANT WITH ENCLOSED OUTDOOR DINING AREA LOCATED AT 6550 KNOTT AVENUE IN THE CS (COMMUNITY SHOPPING) ZONE AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) Knott Avenue Properties LLC/Hwa Ran Yang, property owner/project proponent, 6550 Knott Avenue, Buena Park, CA 90621, has filed an application for issuance of Conditional Use Permit No. CU to establish the sale of beer and wine for on-site consumption with minor interior building and site modifications within an existing full service restaurant and enclosed outdoor dining area located at 6550 Knott 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. (ii) On October 12, 2016, this Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Buena Park as follows: 1. The Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced hearing, including written staff reports, verbal testimony, business plan, and development plans stamped RECEIVED SEP 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 full service restaurant is consistent with the City s General Plan and Zoning Ordinance, as conditioned, and will meet applicable operating standards. Sufficient separation is provided from sensitive adjacent residential uses.

16 Resolution No. Conditional Use Permit No. CU October 12, 2016 b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the on-site sale and consumption of beer and wine in conjunction with the full service restaurant. Based on the distance and buffering from nearby residences, the conditioned hours of operation, 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 proposed on-site sale and consumption of beer and wine in conjunction with the restaurant as well as existing 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 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 to serve the site. e. The proposed on-site sale and consumption of beer and wine in conjunction with the restaurant use will be compatible with the existing and intended character of the area. The proposal, as conditioned, will not create a use inconsistent with established and anticipated area uses due to required operating conditions, existing site and building design, as well as separation and buffering. 3. The Planning Commission 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 Commission hereby approves the application subject to the plans stamped RECEIVED SEP 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 CONDITIONS: 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

17 Resolution No. Conditional Use Permit No. CU October 12, 2016 PLANNING DIVISION: 1. This approval shall be for the establishment of on-site sale and consumption of beer and wine with minor interior building and site modifications for an existing restaurant located at 6550 Knott Avenue as shown on plans stamped RECEIVED SEP PLNG. DIV., except as modified herein. Operations shall be consistent with the submitted plans and business plan stamped "RECEIVED SEP PLNG. DIV.," and as conditioned herein. 2. Closing hour for the full service restaurant shall not exceed 10 p.m. daily. Beer and wine sales within the full service restaurant and enclosed outdoor seating area shall be offered as an incidental sale to primary food service activity of the restaurant use only. 3. The sale of beer and wine for on-site consumption shall be incidental to the operation of the restaurant. Sale of beer and wine is not permitted within the neighborhood market or through the walk-up take-out window and is prohibited for off-site consumption. 4. Quarterly gross sales of beer and wine shall not exceed quarterly gross sales of food. Quarterly records shall be maintained to separately reflect gross sales of food and gross sales of beer and wine shall be made available to the City of Buena Park upon request. 5. The premise shall be continuously maintained as a bona fide eating establishment, and shall provide a menu containing an assortment of foods normally offered in restaurants. 6. No live entertainment is allowed without first obtaining a live entertainment permit pursuant to Chapter 5.24 of the Buena Park City Code. 7. The restaurant shall maintain a business license as required by the Buena Park City Code. 8. Restaurant windows shall 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, 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

18 Resolution No. Conditional Use Permit No. CU October 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. PASSED AND ADOPTED this 12 th day of October 2016 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: COMMISSIONER: COMMISSIONER: COMMISSIONER: COMMISSIONER: James Schoales Chair ATTEST: Joel W. Rosen, AICP Secretary Page 4

19 Resolution No. Conditional Use Permit No. CU October 12, 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

20 Minutes of the Planning Commission Meeting of January 13, 2016 Vol Page No CITY OF BUENA PARK MINUTES OF CITY PLANNING COMMISSION January 13, 2016 The regular meeting of the Planning Commission of the City of Buena Park convened at 7:00 p.m. on January 13, 2016, in the City Council Chamber, 6650 Beach Boulevard, Buena Park, California with Chair Capelle presiding. PRESENT: COMMISSIONERS: Barstow, Chung, Diep, Gonzales, McGuire, Schoales, and Capelle ALSO PRESENT: Joel W. Rosen, AICP, Community Development Director Jay Saltzberg, Planning Manager Monique Schwartz, Assistant Planner David Jacobs, Assistant City Engineer Craig Fox, Deputy City Attorney Ruth Santos, Senior Administrative Assistant 1. APPROVAL OF MINUTES December 16, 2015 RECOMMENDED ACTION: Approve AYES: 7 COMMISSIONERS: Gonzales, Diep, Barstow, Chung, McGuire, and Capelle NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAIN: 0 COMMISSIONER: 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 full service restaurant with enclosed outdoor dining area located at 6550 Knott Avenue in the CS (Community Shopping) zone. The project is Class 1 Section 15301, categorically exempt from CEQA.

21 Minutes of the Planning Commission Meeting of January 13, 2016 Vol Page No PROPERTY OWNER/APPLICANT: RECOMMENDED ACTION: Kevin Song 6550 Knott Avenue Buena Park, CA Adopt Resolution of Approval In reply to Chair Capelle, Ms. Santos stated that staff had received no written communication on the item. The staff report was presented by Monique Schwartz, Assistant Planner. The subject site is zoned CS (Community Shopping) and developed with a combination full service restaurant and neighborhood market with parking and site improvements. The properties to the north, south, and east are zoned RM-20 (Medium Density Multifamily Residential) and developed with apartments. The property to the west across Knott Avenue is zoned MH (Heavy Industrial) and is developed with an industrial complex. Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU with findings of fact and conditions. The subject property is located at the northeast corner of Knott Avenue and 9 th Street with street frontages of approximately 149 ft. along Knott Avenue and 125 ft. along 9 th Street with a land area of approximately 18,731 sq. ft. The Planning Commission approved the development of a 4,000 sq. ft. medical office building via Conditional Use Permit No. CU-301 in 1969 under a previous zoning designation that allowed for commercial uses. On February 14, 2015, the City Council approved Zone Change No. Z14-002, General Plan Amendment No. GP14-002, and Conditional Use Permit No. CU for the conversion of the legal non-conforming medical office building to a combination neighborhood restaurant and market. The applicant did not propose sale of alcohol at the time of approval, and the approved Conditional Use Permit included a condition prohibiting sale of alcoholic beverages on the property. However, according to the applicant, with the recent restaurant menu change to incorporate additional Japanese and Korean cuisine, customers are requesting beer and wine, including sake, for on-site consumption. The request does not include the sale of alcohol for off-site consumption. The applicant has submitted an application and plans requesting Planning Commission approval to establish the sale of beer and wine for on-site consumption within the restaurant and enclosed outdoor dining area ancillary to the restaurant use, which has been in operation since September The outdoor dining area is only accessible from within the restaurant and surrounded with a 5 ft. tall metal and glass enclosure. BP Grill is a full service restaurant featuring grilled hamburgers, fries, salad bar, teriyaki steak, salmon and shrimp over rice, and Korean beef/tofu soup. According to the submitted business plan, beer and wine will be served as an amenity to food service. Alcohol sales are not proposed within the market area of the building and will only be for off-site consumption. The hours of operation for BP Grill are 8:00 a.m. to 10:00 p.m. Monday through Sunday. No interior or exterior modifications are proposed. There will be one manager supervising the daily operation of the business with six employees. Section of the City Code requires Planning Commission approval for the proposed sale of beer and wine for on-site consumption in conjunction with the restaurant via the Conditional Use Permit process. In reviewing the applicant s request, staff reviewed

22 Minutes of the Planning Commission Meeting of January 13, 2016 Vol Page No plans and visited the property and is of the opinion that the restaurant facility and site are adequate to support the establishment of 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 site or surrounding properties. Adequate separation is provided between the restaurant, enclosed outdoor dining area and the adjacent residential properties located between ft. to the north, south, and east. In addition, the existing block walls along the north and east property lines provide buffering between the subject site and the adjacent residential properties to the north and east. The outdoor dining area is only accessible from within the restaurant and surrounded with a 5 ft. tall metal and glass enclosure, providing a buffer to residential properties to the south. Landscaping and the public right-of-way along 9 th Street provide buffering along the south property line. A rear access door is located on the north side of the building, adjacent to the kitchen and is used for employee entrance/exiting, maintenance and deliveries for the restaurant. Customer entries/exits are located on the east and south sides of the building. 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 requiring that gross food sales receipts exceed gross receipts of alcoholic beverages and those alcoholic beverages be served only in conjunction with food sales. For consistency with approvals of restaurants of similar size and operational characteristics, including sale and service of beer and wine for on-site consumption, and to assure compatibility with adjacent residential uses, staff has included a condition limiting the closing time to 10:00 p.m. daily, as proposed by the applicant. 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 full service restaurant. The project is Class 1, Section 15301, categorically exempt from CEQA. Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on December 23, 2015, and 15 notices were mailed to property owners within 300 ft. radius of the subject property on December 23, Chair Capelle asked if there were any questions for staff. Commissioner Barstow asked about provisions for handicap parking. Commissioner Gonzales noted that the parking plan shows that ADA parking is not located adjacent to the building. Ms. Schwartz said the plans shown are from a previous Planning Commission agenda report and may not have been updated by the applicant. Commissioner Diep commented that an aerial photograph will provide a more accurate view of the project site. Commissioner Schoales noted, from the presentation photos, the absence of landscaping as originally approved by Planning Commission, and a drive-thru window with speaker box, which was not part of the original approval. He reiterated that the number of approved

23 Minutes of the Planning Commission Meeting of January 13, 2016 Vol Page No parking spaces was based on a combination of market and restaurant and asked if there is currently a market component at the site. Ms. Schwartz explained that certain Building requirements resulted in reduced area for landscaping. Mr. Rosen said staff was not aware of modifications until the photos were taken. Commissioner Capelle asked staff if the applicant can, after approval by Planning Commission, modify the structure without obtaining prior approval. Mr. Rosen said that the applicant cannot do modifications without prior approval. Commissioners Diep and McGuire said procedures must then be in place, such as follow-up inspections after Planning Commission approval, to ensure that construction complies with conditions of approval. Chair Capelle 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. Kevin Song, property owner/applicant, 6550 Knott Avenue, Buena Park, CA 90621, apologized for modifications he made after Planning Commission approval. He explained that the handicap ramp required by the Building Division resulted in lack of space for the required landscaping. Mr. Song said that the deli/market concept did not work because of incidents of theft and vandalism. He concluded by saying that he will be willing to make necessary changes to ensure that his site is in compliance with Code. He explained that the request for beer and wine will help boost his decreasing sales. Commissioner Diep asked and Mr. Song confirmed that his letter of request for beer and wine was submitted approximately a little over a month after his store opened in September and that changes to the market, such as stacking of shelves to accommodate more seating, were done within two and a half months. Commissioner Schoales asked where the store shelves are currently stacked in the restaurant, about the little motorcycle on display inside that he saw when he visited the site, and the proximity of the boba counter to the restroom. Mr. Song said the inventory is on the west side of the store, the motorcycle is part of the store decoration, and the boba counter is next to the restroom. Commissioner Diep expressed her displeasure that, as has frequently happened in similar cases, the proposed project was approved in good faith with the applicant stating that he had no intention to sell beer and wine, only for the applicant to return a few months after with the request for beer and wine. Chair Capelle asked Mr. Fox and staff for options for a motion. Mr. Fox and Mr. Rosen said a motion may be made for approval or denial of the request for beer and wine and/or continuance of the item to allow for review of the site for compliance with Code.

24 Minutes of the Planning Commission Meeting of January 13, 2016 Vol Page No Commissioners Gonzales and Barstow asked what a reasonable timeframe is, for continuance to a date certain, to accomplish the actions to be stated in the proposed motion. Mr. Rosen said continuance to February 10 will provide sufficient time. Chair Capelle emphasized, and staff confirmed, that the motion to continue is to enable the applicant to remove the illegal drive-thru, ensure that the seating is commensurate to the use, and submit accurate and final plans. There being no one else wishing to speak on the matter, Chair Capelle advised that the item requires a motion for continuance. Commissioner Schoales moved, and Commissioner Barstow seconded, the motion to continue the item to the Planning Commission meeting of February 10, AYES: 7 COMMISSIONERS: Schoales, Barstow, Chung, Diep, Gonzales, McGuire, and Capelle NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAINED: 0 COMMISSIONER: ORAL COMMUNICATIONS: None AGENDA FORECAST: None STAFF REPORTS: Mr. Rosen reported on City Council approval of Zone Change for 7069 to 7071 Thomas Street, adoption of new ordinances for massage establishments and business license regulations, and adoption of the redistricting map, which is on the City website. Mr. Jacobs reported on the reorganization of the Traffic Engineering Division in the Public Works Department. Traffic Engineering services will be provided by Iteris staff with office hours at City Hall on Tuesdays and Thursdays. COMMISSION REPORTS: Commissioner Diep said that, based on her inquiries, ADA accessible units are not tracked by planners. She said it is possible that some builders track ADA access units.

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26 Business Plan Attachment 3 BP GRILL 6550 Knott Ave., Buena Park CA Tel: BP grill serves non frozen grilled chicken over rice with vegetables upon request. Our menu has been provided with the Conditional Use Permit Application. Hours : Our business hours will be 7 Am to 10 PM (Monday Sunday) Supervision : There will be one manager supervising the daily operation of the business with six employees. Purpose : Our request for applying conditional use permit for ABC license is for supplement for food service.

27 Attachment 3 City of Buena Park Planning Commission October 12, Knott Avenue CU Project Vicinity Map

28 NEW LINE DESIGN 611 S. CATALINA STREET SUITE 411 LOS ANGELES, CA P A-1.0 PROPOSED TENANT IMPROVEMENT BP DELI AND MARKET 6550 KNOTT AVENUE BUENA PARK, CA 90621