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

Transcription

1 AGENDA Planning Commission MEETING DATE AND TIME: December 13, :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. Appeal period ends on January 5, CALL TO ORDER / FLAG SALUTE: ROLL CALL: Agrusa, Barstow, Capelle, Chung, McGuire, Schoales, and Diep CONSENT CALENDAR (Items 1-2) 1. APPROVAL OF MINUTES: Planning Commission Meeting November 8, 2017 Adjourned Meeting of November 22, 2017 RECOMMENDED ACTION: Approve 2. EXTENSION OF APPROVAL EXT A request for a three-year extension of approval for previously approved Parcel Map No. PM to subdivide an existing one-parcel commercial property into a two-parcel commercial property at Valley View Street within the CS (Community Shopping) zone. The project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Section 15315, Class 15 (Minor Land Division). PROPERTY OWNERS: ABS CA-O LLC c/o Albertson s LLC 250 East Park Center Boulevard Boise, Idaho FRA Buena Park LP c/o Lambert Development LLC 5 Hanover Square, 14th Floor New York, New York APPLICANT: RECOMMENDED ACTION: Joseph C. Truxaw and Associates, Inc. 265 S. Anita Drive, Suite 111 Orange, CA Adopt Resolution of Approval END OF CONSENT CALENDAR

2 Planning Commission Agenda December 13, 2017 Page 2 PUBLIC HEARING: NEW BUSINESS: 3. CONDITIONAL USE PERMIT NO. CU A request to upgrade beer and wine Type 41 ABC license to Type 47 license for the sale of beer, wine, and spirits for on-site consumption at an existing restaurant (Miss Shabu) located at 5450 Beach Boulevard, Suites 102, 104, and 106 within the CS (Community Shopping) zone. The project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Section 15301, Class 1 (Existing Facilities). PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: Ocean Plaza LLC 440 S. Vermont Avenue, Suite 301 Los Angeles, CA Miss Shabu, LLC Min Young Chai 5450 Beach Boulevard, Suites 102, 104, 106 Buena Park, 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 regularly scheduled Planning Commission meeting on Wednesday, January 10, 2018 at 7:00 p.m. in the City Council Chamber PCAG121317

3 Minutes of the Planning Commission Meeting of November 8, 2017 Vol Page No CITY OF BUENA PARK MINUTES OF CITY PLANNING COMMISSION November 8, 2017 The regular meeting of the Planning Commission of the City of Buena Park convened at 7:00 p.m. on November 8, 2017, in the City Council Chamber, 6650 Beach Boulevard, Buena Park, California with Chair Diep presiding. PRESENT: COMMISSIONERS: Agrusa, Barstow, Capelle, Chung, McGuire, and Diep ABSENT: COMMISSIONER: Schoales Joel W. Rosen, AICP, Director of Community Development Brady M. Woods, Planning Manager Swati Meshram, Ph.D., AICP, LEED AP Craig Fox, Deputy City Attorney Iris Lee, Assistant City Engineer Ruth Santos, Senior Administrative Assistant 1. APPROVAL OF MINUTES Meeting of October 11, 2017 Adjourned meeting of October 25, 2017 RECOMMENDED ACTION: Approve Commissioner Capelle abstained from voting on the minutes of the meeting of October 11, 2017 due to her absence from that meeting. Commissioner Barstow moved and Commissioner Agrusa seconded the motion to approve the following minutes. Meeting of October 11, 2017: AYES: 5 COMMISSIONERS: Barstow, Agrusa, Chung, McGuire, and Diep NOES: 0 COMMISSIONER: ABSENT: 1 COMMISSIONER: Schoales ABSTAIN: 1 COMMISSIONER: Capelle Adjourned Meeting of October 25, 2017: AYES: 6 COMMISSIONERS: Barstow, Agrusa, Capelle, Chung, McGuire, and Diep NOES: 0 COMMISSIONER:

4 Minutes of the Planning Commission Meeting of November 8, 2017 Vol Page No ABSENT: 1 COMMISSIONER: Schoales ABSTAIN: 0 COMMISSIONER: PUBLIC HEARING: OLD BUSINESS: 2. ZONE CHANGE NO. Z / DEVELOPMENT AGREEMENT NO. DA A request to consider a recommendation to the City Council for a Zone Change from CG (Commercial General) to GMU (General Mixed Use) for the construction of a two-story mixed-use development with two live/work units above 3,708 square feet of office space, 18 on-site parking spaces, and related site improvements located at 6100 and 6172 Beach Boulevard. The project is Class 32, Section 15332, categorically exempt from CEQA. PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: 6100 Beach LLC 6301 Beach Boulevard Buena Park, CA Paul Kim Source Architecture, Inc Norwalk Boulevard Cerritos, CA Adopt Resolutions recommending City Council Approval In reply to Chair Diep, Ms. Santos stated that staff had received no written communication on the item. The staff report was presented by Brady M. Woods, Planning Manager. The property under application is located on the east side of Beach Boulevard and west of Homewood Avenue. It carries a General Plan designation of Central Buena Park Mixed Use, a Zoning classification of CG (Commercial General), and is currently undeveloped. The property maintains a street frontage of 100 ft. and a total land area of approximately 0.28 acres. Staff recommends that the Planning Commission adopt the attached Resolutions recommending the City Council adopt Ordinances approving Zone Change No. Z and Development Agreement No. DA The property under application is located on the east side of Beach Boulevard and west of the Beach/Homewood public alley. Research indicates that the property has been vacant and unimproved since the city s incorporation in On September 11, 2017, staff held a community meeting to discuss the residential/office mixed use proposal under application. Staff mailed meeting notices to property owners within a 300 ft. radius of the project. Staff and the project architect presented an informal

5 Minutes of the Planning Commission Meeting of November 8, 2017 Vol Page No project overview with preliminary site plan, elevations, and aerial photo presentation. Five members of the community attended the meeting and asked questions related excess parking spilling onto adjacent lots and increased traffic in the adjacent public alley. On October 11, 2017, the Planning Commission opened and continued the noticed public hearing on the application. The Commission expressed concern over consistency with the General Plan vision for the Central Buena Park Focus Area, project landscaping, and exterior balconies facing Beach Boulevard. The public hearing was continued to the October 25, 2017 Planning Commission hearing to allow for preparation of revised plans. The October 25, 2017 Planning Commission hearing was cancelled and the application was renoticed to this hearing date. The submitted application and plans propose construction of a 31-foot tall live/work mixeduse development. According to the plan, the ground floor has been configured to provide four (4) office tenant spaces totaling 3,708 sq. ft. The second level will consist of two residential units totaling 2,056 sq. ft., with an internal connection to two office tenant spaces on the ground floor. Each residential unit contains one bedroom, one bathroom, kitchen, living room, and balconies. The residential units are intended to be occupied by the tenants of the office spaces directly below. No external access to the residential unit is proposed. Entrances into the office tenant spaces will be provided from Beach Boulevard, as well as from the parking area to the rear of the building accessible from the Beach/Homewood public alley. The design of the building has been configured with adequate integration and separation between residential and non-residential uses. In addition to merging the separate parcels, the applicant is required to dedicate 2.5 ft. along the east property line to the City for the future widening of the Beach/Homewood public alley. The current width of the Beach/Homewood Alley is 15 ft.; however, 20 ft. is required. To comply with City right-of-way requirements, similar dedications will be required for all properties abutting the substandard Beach/Homewood public alley when redevelopment of those parcels is proposed. In conjunction with the development proposal, the applicant is requesting consideration of a Zone Change to allow for the development to move forward. The current zoning for the site is CG (Commercial General). The proposed Zone Change to GMU (General Mixed-Use) would allow for consistency with the site s current General Plan land use designation of Central Buena Park Mixed Use and the vision for the Central Buena Park Mixed Use Focus Area. As described in Chapter 2, Section of the General Plan, the Central Buena Park shall provide an enhanced pedestrian-friendly environment, with a variety of amenities such as wide sidewalks, outdoor dining, public plazas, and other features to establish a vitalized environment during daytime and evening hours. Specific design characteristics include consolidated public parking, street oriented buildings, and compatibility with surrounding neighborhoods (see attached excerpt from the Buena Park General). The Central Buena Park Mixed Use designation allows a maximum residential density of 45 units/acres (or 13 units) and a maximum non-residential intensity of 1.0 Floor Area Ratio (or 12,197 sq. ft.). The applicant is proposing a residential density of 0.56 units/acre (or 2 units) and a nonresidential intensity of 0.3 Floor Area Ratio (or 3,708 sq. ft.), which are less than the maximums cited in the General Plan. The submitted plans show the building will have a zero side setbacks consistent with current development standards in the CG zone. The prevailing front setbacks of the adjacent commercial development along Beach Boulevard is zero; however, the proposed building will

6 Minutes of the Planning Commission Meeting of November 8, 2017 Vol Page No be setback allow for 3 ft. to 5 ft. wide landscaped planter areas along the front elevation. Parking lot landscaping is provided as well as. The building will also maintain an 86.5 ft. rear setback from the existing single family residences to the east. Architecturally, the building has been designed in an Urban Contemporary style incorporating a variety of forms and materials such as smooth stucco finishes, hardwood elements, and cement board siding. The primary façade fronting Beach Boulevard will feature varying elevation planes and building heights, decorative metallic accents and cornice features, and ground level storefront windows individual. Private balconies for each unit are provided as well. The proposed open balconies facing Beach Boulevard are included at the direction of the Orange County Fire Authority, and will serve as space for escape and rescue during emergencies. Wall signage for the project is proposed on the building s primary façade. As shown on plans stamped RECEIVED AUG PLNG DIV, vehicular ingress and egress access to the site is provided from the Beach/Homewood public alley. No vehicular access from Beach Boulevard is proposed. Parking facilities for the development will be provided at grade. The project will maintain 18 total parking spaces including 1 ADAcompliant space. Mixed-use developments typically require 2.5 parking spaces per unit to accommodate residential and non-residential parking demands. The project also proposes office parking at 4 spaces per 1,000 sq. ft. of office. California Government Code Section et. seq. allows the City to enter into Development Agreements, which in effect become contractual agreements between the City and property owners regarding development rights and performance standards. They allow the City and property owner to achieve certain comfort levels so that current and future projects can go forward in a reasonably orderly fashion without creating potentially chaotic or conflicting land uses and improvements. The Development Agreement process also requires the Planning Commission to make a recommendation to the City Council prior to Council action. The Buena Park Zoning Ordinance requires a regulatory plan or Development Agreement be established and/or executed to allow for development within the General Mixed-Use zone. The Development Agreement procedure was chosen because it is felt that it allows the property owners and the City a mechanism to attain respective goals while providing assurance, in contractual form, that property redevelopment will evolve with suitable provisions to alleviate detrimental effects. Since the existing site maintains a Zoning classification of CG (Commercial General), a Zone Change is required to develop a mixeduse project on the subject site. As detailed in the proposed Development Agreement, conditions negotiated and agreed to by the Developer and City include, but are not limited to: Permitted uses, density, intensity, configuration, size, and location of the structures and other improvements shall be limited to those contemplated by the Project in substantial compliance with plans stamped RECEIVED AUG PLNG. DIV. The Developer will maintain vested rights to develop the Project on the Site in accordance with the terms and conditions of the Agreement. The Developer shall pay a park fee mandated by City Ordinance No to the City prior to issuance of building permits.

7 Minutes of the Planning Commission Meeting of November 8, 2017 Vol Page No In reviewing the application, staff visited the site and surrounding area as well as reviewed the submitted plans. Based on this review, staff is of the opinion that the proposal will allow the subject site to transition into a mixed-use development designed to complement newer commercial/office development along Beach Boulevard while preserving the character of the adjacent residential neighborhood as envisioned within the General Plan. The new live/work office development will be consistent with the general mix of uses within the General Plan Central Buena Park Focus Area. The Central Buena Park Focus Area along Beach Boulevard represents the historic commercial center of the city, including street-oriented buildings and compatibility with surrounding neighborhoods as specific design goals for the Focus Area. The site and architectural design of the proposed mixed-use development provides appropriate development standards for density/intensity, massing, parking, and vehicular and pedestrian access, as conditioned. The project incorporates enhanced design, including diverse textures and materials which give the development a unique and appealing quality. Additionally, the developer has provided a quality architectural design, adequate site layout, and amenities that are consistent with other newer mixed-use development within the Orange County region. The parkway area within the Beach Boulevard right-of-way in front of the proposed project is controlled by Caltrans. City staff discussed with Caltrans the possibility of adding landscaping (groundcover, shrubs, trees) to the currently paved parkway area in an effort to increase pedestrian safety and scale, per Planning Commission direction. Caltrans encouraged the City to first develop and submit a master landscape plan for this section of the Beach Boulevard corridor for their review prior to the state agency making a determination. Consequently, conditioning the applicant s request to include specific parkway landscape improvements would not be feasible at this time. The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA) has been deemed to be exempt from CEQA per Section (In-Fill Development) Class 32. Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on October 17, 2017, and 25 notices were mailed to property owners within a 300 ft. radius of the subject property on October 17, Chair Diep asked if there were any questions for staff. Commissioner Barstow asked if the conditions on on-site alleys will be the same as those for the public alleys. Mrs. Lee said Public Works is responsible for conditions on public right-of-ways, including alleys. Commissioner McGuire asked if the right-of-way extends to the property line of the building, if there is a 12-ft. setback from the property line, and about the City Master Landscape Plan for Beach Boulevard. He also asked if the General Plan will be updated in Mr. Woods explained that the right-of-way extends from the back of curb to the property line a distance of 12 ft., and that the applicant s revised plans show that the building has been

8 Minutes of the Planning Commission Meeting of November 8, 2017 Vol Page No setback at most 5 ft. from the front property line to accommodate on-site landscaping along Beach Boulevard. Mrs. Lee said a City Master Landscape Plan for the Beach Boulevard corridor, being a large endeavor, will be a long-range project that will entail coordination with Caltrans before presentation to City Council for approval. Mr. Rosen said the General Plan life cycle is generally ten years; therefore, funding may be considered in the next budget cycle and preliminary plans will be prepared as part of the initial steps. Commissioner Agrusa asked about landscaping on site and if landscaping on public right-ofway will need Caltrans approval. Mr. Woods said landscaping will be provided on site and confirmed that Caltrans will need to approve landscaping on public right-of-way. Chair Diep 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. Paul Kim, architect/applicant, said he has, since the last Planning Commission meeting, consulted with staff regarding his agreement to provide the suggested on-site landscaping, including along the property line on Beach Boulevard. There being no one else wishing to speak on the matter, Chair Diep closed the public hearing and advised that the item requires the adoption of Resolutions recommending City Council approval. Commissioner Agrusa moved, and Commissioner Capelle seconded, the motion to adopt the following Resolutions: RESOLUTION NO ZONE CHANGE NO. Z A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING ZONE CHANGE NO. Z FROM CG (COMMERCIAL GENERAL) TO GMU (GENERAL MIXED-USE) PERTAINING TO PROPERTY LOCATED AT 6172 BEACH BOULEVARD WITHIN THE CITY OF BUENA PARK 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 CONSTRUCT A MIXED-USE DEVELOPMENT WITH TWO

9 Minutes of the Planning Commission Meeting of November 8, 2017 Vol Page No LIVE/WORK UNITS ABOVE 3,708 SQUARE FEET OF OFFICE SPACE AND RELATED PARKING AND SITE IMPROVEMENTS LOCATED AT 6172 BEACH BOULEVARD (APN: , 25, 28, 29) WITHIN THE GMU (GENERAL MIXED USE) ZONE AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF BUENA PARK AYES: 6 COMMISSIONERS: Barstow, Agrusa, Capelle, Chung, McGuire and Diep NOES: 0 COMMISSIONER: ABSENT: 1 COMMISSIONER: Schoales ABSTAIN: 0 COMMISSIONER: NEW BUSINESS: 3. SITE PLAN NO. SP A request to remodel an existing 4,463 sq. ft. commercial/residential building to construct a new 2,250 sq. ft. commercial office building with ten (10) on-site parking spaces and related site improvements located at 6306 Beach Boulevard in the CG (Commercial General) zone. The project is Class 32, Section 15332, categorically exempt from CEQA. PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: Pacific C Group, LLC Madison Street, Suite 204 Torrance, CA Simon Gwon Fore Architects 110 E 19 th Street, Suite C700-D Los Angeles, CA Adopt Resolution of Approval Chair Diep informed the Planning Commission and staff of the applicant s decision to withdraw the application. 4. CONDITIONAL USE PERMIT MODIFICATION NO. MCU A request to modify previously approved Conditional Use Permit No. CU-884 to remodel and reuse a former 41,373 sq. ft. Ralph s Supermarket to a new 21,013 sq. ft. Aldi Grocery Store with sale of beer and wine for off-site consumption, located at 6080 Ball Road in the CS (Commercial Shopping) zone. The project is Class 1, Section 15301, categorically exempt from CEQA.

10 Minutes of the Planning Commission Meeting of November 8, 2017 Vol Page No PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: Burns Family Trust 2101 E. 4 th Street, Suite 250-B Santa Ana, CA Matthew Baca Aldi Place Moreno Valley, CA Adopt Resolution of Approval In reply to Chair Diep, Ms. Santos stated that staff had received no written communication on the item. The staff report was presented by Brady M. Woods, Senior Planner. The subject property under application carries a General Plan designation of COM (Commercial), a Zoning classification of CS (Commercial Shopping), and is developed as a integrated shopping center which includes Petco, Wells Fargo financial institution, Taco Bell restaurant, and other retail and restaurant uses. The building proposed for grocery store occupancy is currently vacant but was previously occupied by Ralph s Supermarket. Staff recommends that the Planning Commission adopt the attached Resolution approving Modification of Conditional Use Permit No. MCU , including findings of fact and conditions. The project site is part of the integrated retail center approved by the Planning Commission in 1962 under Site Plan No. SP-112 which included shared parking, access, circulation, and landscape. On March 27, 1985, the Planning Commission approved Conditional Use Permit No. CU-884, a request to expand the existing shopping center with an approximately 40,000 sq. ft. market (Ralph s) with sale of alcoholic beverages for off-site consumption. Additionally, in March 1985, the commission approved Variance No. V-1008 which allowed a reduction of on-site parking spaces associated with the retail center. The submitted application, plans, and business proposal are for an approximately 21,013 sq. ft. Aldi grocery store which includes the remodeling a portion of the 41,373 sq. ft. former Ralph s supermarket. Aldi is a full service grocery store that sells fresh produce, meats, baked goods, and household goods, as well as beer and wine for off-site consumption. Operating since 1976, with more than 1,300 stores in 32 states, primarily on the east coast and in the mid-west, Aldi s is expanding its operations in California. On March 11, 2015, the Planning Commission approved Aldi s first grocery store in Buena Park located at 8351 La Palma Avenue. Aldi s emphasizes their private-label brands focusing on quality and reduced price. Proposed store hours of operation are 9:00 a.m. to 9:00 p.m. daily, with unrestricted loading dock hours of operation. Aldi stores receive approximately truck deliveries per week. Five to six of the weekly deliveries are at night with one late night delivery per day. Each delivery takes approximately one to two hours to unload. A total of twenty employees are anticipated with three to six employees per shift. Exterior and interior architectural enhancements are proposed to provide a contemporary building design. New exterior improvements will include stacked stone veneer accent columns with decorative metal panels and cornice. The existing recessed loading dock bay door with an existing 10ft. tall loading dock screen wall will remain at the east side of the

11 Minutes of the Planning Commission Meeting of November 8, 2017 Vol Page No building. Trucks will continue to back into the loading dock to allow off-loading of merchandise from the rear of truck trailers directly into the enclosed building. The loading dock door opening will be modified to include sealed rubber gaskets to minimize noise from off-loading. Beer and wine for off-site consumption will be offered as an additional grocery store amenity. Sale of beer and wine will be sold from a display area furthest away from the store entrance. On October 16, 2017, City staff and the applicant held a community meeting with invitations mailed to seventy-two (72) property owners within a 300 ft. radius of the property, to discuss the proposed grocery store operation. Two adjacent residents of the same household attended who expressed general support for the proposal but was concerned about potential for late night and early morning noise associated with loading dock operation. The City Zoning Code requires Planning Commission review of the proposal for a grocery store, including building expansion, with sale of beer and wine via the Conditional Use Permit process. Staff has reviewed the applicant s request and plans, as well as the parking and noise studies, and feels that operation of the grocery store with sale of beer and wine for offsite consumption can be accommodated, as proposed within the expanded building, in a manner consistent with adjacent similar retail operations without negatively impacting adjacent residential properties. As conditioned, the scale and intensity of the grocery store operation will be generally consistent with the surrounding commercial center and compatible with adjacent single family homes. The building was originally occupied by a former supermarket. As proposed, the sale of beer and wine for off-site consumption is considered to be an appropriate complementary amenity in conjunction with operation of the grocery store. Sale of beer and wine for off-site consumption as incidental to grocery store operation has not been a problem in supermarkets previously approved to sell beer and wine for off-site consumption. The proposed grocery store use and performance characteristics are consistent with area zoning and adjacent retail businesses, as conditioned. Store hours will be consistent with adjacent commercial tenants and with similar previously approved grocery stores adjacent to residential properties. Aldi proposes unrestricted operating hours for the loading dock in order to ensure the freshest produce. A noise impact analysis for the proposed loading dock operations associated with the supermarket was prepared by Eilar Associates, Inc. The attached noise analysis was conducted to determine whether late night/early morning loading dock activities would adversely affect adjacent residents. As recommended by the noise analysis, operating conditions are included to control potential for annoyance noise associated with loading dock operations, including enclosing the loading dock, providing sealed rubber loading dock gaskets, prohibiting truck back-up beepers, operation of refrigeration units, and truck idling. In addition, a 6 ft. block wall along the easterly property line is being constructed by the City in conjunction with improvements to the adjacent Larwin Park which also helps mitigate nuisance noises. Recommended conditions of approval include a requirement to enable residents to immediately communicate with store management regarding noise and other operational issues and to ensure accountability and responsiveness during the initial operating period. In

12 Minutes of the Planning Commission Meeting of November 8, 2017 Vol Page No addition, a proposed condition of approval for staff review of the supermarket operation 30 days after commencement of operation with a report to the Planning Commission regarding supermarket operation six months after commencement will ensure continued compatibility with the adjacent residential neighborhood. As proposed, the shopping cart containment approach will be similar to the cart rental system used at all Aldi locations. Instead of the conventional grocery cart containment strategy of cart corrals dispersed in the adjacent parking lot and monitored by employees, Aldi s provides a single enclosed area for carts next to the store entrance. Carts remain locked until release to customers after a $.25 deposit. When carts are returned to the designated area, the deposit is returned to the customer. According to Aldi, this cart rental and return process is in effect and successful in all of their stores in the United States and Europe. Staff considers the proposed exterior building enhancements, improvements to be an appropriate contemporary design compatible with the overall design of the surrounding retail center. Staff has included a condition within the attached resolution requiring that sale of beer and wine for off-site consumption shall comply with conditions and restrictions of the State of California. Any significant expansion or modification of the proposed grocery store would require Planning Commission review and approval via the Conditional Use Permit process. The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA) has been deemed to be categorically exempt from CEQA per Class 1, Section (Existing Facilities). Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on October 27, 2017, and seventy-two (72) notices were mailed to property owners within a 300 ft. radius of the subject property on October 27, Chair Diep asked if there were any questions for staff. Commissioner Agrusa, noting that the proposal is to remodel and reuse a portion of the former Ralph s Supermarket, asked about plans for the remaining areas. Mr. Woods said are anticipated tenant spaces for general commercial uses; however, future tenants have not been selected at this time. Commissioner McGuire recalled that truck traffic problems along La Palma were discussed during the approval of the first Aldi store located at 8351 La Palma. He asked if complaints have been received on truck traffic and other matters at that location since then. Mr. Rosen said no complaints have been received by the Code Enforcement Division on the La Palma store. He added that the proposed nuisance mitigation conditions for this project are identical to the conditions on the La Palma store. Commissioner Capelle said she likes the project and asked if a low volume of employees is typical of Aldi stores.

13 Minutes of the Planning Commission Meeting of November 8, 2017 Vol Page No Chair Diep 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. Matthew Baca, applicant, said Aldi stores have less items (1,600), which is half of what stores such as Ralph s sell. Aldi stores, he added, have lower prices and streamlined, efficient operations. He said the intent to open a second store in the City is indicative of the success of their first store. There being no one else wishing to speak on the matter, Chair Diep closed the public hearing and advised that the item requires a Resolution for approval or denial with findings. Commissioner Barstow moved, and Commissioner Capelle seconded, the motion to adopt the Resolution approving Conditional Use Permit Modification No. MCU with findings of fact and conditions therein. RESOLUTION NO MODIFICATION OF CONDITIONAL USE PERMIT NO. MCU A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR MODIFICATION OF CONDITIONAL USE PERMIT NO. CU TO MODIFY PREVIOUSLY APPROVED CONDITIONAL USE PERMIT NO. CU-884 TO REMODEL AND REUSE A 41,373 SQ. FT. SUPERMARKET (FORMERLY RALPH S) AND TO ESTABLISH A NEW 21,013 SQ. FT. ALDI GROCERY STORE WITH SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AND EXTERIOR BUILDING MODIFICATIONS AT AN EXISTING MULTI-TENANT SHOPPING CENTER AT 6080 BALL ROAD WITHIN THE CS (COMMERCIAL SHOPPING) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF AYES: 6 COMMISSIONERS: Barstow, Capelle, Agrusa, Chung, McGuire, and Diep NOES: 0 COMMISSIONER: ABSENT: 1 COMMISSIONER: Schoales ABSTAIN: 0 COMMISSIONER: ORAL COMMUNICATIONS: None AGENDA FORECAST: None

14 Minutes of the Planning Commission Meeting of November 8, 2017 Vol Page No STAFF REPORTS: Mr. Woods, who attended the last City Council meeting for Mr. Rosen, apprised the Commission about discussions regarding Art in Public Places. COMMISSION REPORTS: None ADJOURNMENT: At 7:30 p.m., Chair Diep adjourned to the Planning Commission meeting of November 22, 2017, Wednesday, at 7:00 p.m. in the City Council Chamber. ATTEST: Deborah Diep Chair Joel W. Rosen, AICP Secretary

15 Minutes of the Planning Commission Meeting of Nov. 22, 2017 Vol Page No CITY OF BUENA PARK MINUTES OF CITY PLANNING COMMISSION November 22, 2017 Due to lack of quorum, the regular meeting of the Planning Commission of the City of Buena Park on November 22, 2017, adjourned to the regularly scheduled Planning Commission meeting on Wednesday, December 13, 2017, in the City Council Chamber. ATTEST: Deborah Diep Chair Joel W. Rosen, AICP Secretary

16 STAFF REPORT Planning Commission CASE SUMMARY: Case Number: EXT Application Request: Extension of time for previously approved Parcel Map Staff Recommendation: Approve Resolution with Conditions Prior Planning Commission Action: Approval of PM Resolution 5983 on 12/16/2015 CEQA Compliance: Categorical Exemption (Minor Land Division) Staff Planner: Brady M. Woods, Planning Manager MEETING DATE: December 13, 2017 AGENDA ITEM NUMBER: CASE NUMBER: PROPERTY OWNERS: 2 (Consent Agenda) Extension of Approval EXT ABS CA-O LLC c/o Albertson s LLC 250 East Park Center Boulevard Boise, Idaho FRA Buena Park LP c/o Lambert Development LLC 5 Hanover Square, 14th Floor New York, New York APPLICANT: APPLICATION REQUEST: Joseph C. Truxaw and Associates, Inc. 265 S. Anita Drive, Suite 111 Orange, CA Request for a three-year extension of time for previously approved Parcel Map No. PM to subdivide an existing one-parcel commercial property into a two-parcel commercial property PROPERTY LOCATION / APN: Valley View Street / ; SUBJECT PROPERTY INFORMATION: The property under application is located on the east side of Valley View Street, north of Lincoln Avenue. It carries a General Plan designation of COM (Commercial), a Zoning classification of CS (Commercial Shopping), and is developed with Albertson s Grocery and CVS Drug Store. The property maintains a total land area of approximately 8.6 acres. AGENDA ITEM NO. 2

17 Planning Commission Staff Report Extension of Approval No. EXT Page 2 SURROUNDING LAND USE CHARACTERISTICS: GENERAL PLAN ZONING EXISTING LAND USE North HDR RM-20 Multifamily Residential South COM CS Commercial Retail East MDR RM-10 Multifamily Residential West OP, COM CO, CS Office, Single Family Residential RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Extension of Approval No. EXT with findings and conditions. APPLICATION ANALYSIS: Background: The property under application is approximately 8.6 acres generally located adjacent to the northeast corner of Lincoln Avenue and Valley View Street. The property is developed with the 63,178 sq. ft. Albertson s Grocery store and the 17,022 CVS store, and is a portion of the approximately 13 acre integrated retail center at the northeast corner of Lincoln Avenue and Valley View Street, with shared access, circulation, and parking. The property was originally developed in 1965 for Montgomery Ward and Builder s Emporium, with the current site configuration established by Parcel Map in On December 15, 2015, the Planning Commission conducted and concluded a public hearing on Parcel Map No. PM before adopting Resolution No approving the request. The purpose of the subdivision request was to legally separate the sites in recognition of the separate ownerships. No building modifications, change of use, or site alterations were proposed. The sites would remain as part of the existing integrated shopping center. The separate parcels would continue the same overall site design, including shared access, circulation, and parking with the adjacent integrated commercial center to the south, including Big Lots. Based on the type of construction used to develop the buildings, the Building Division determined that the lot split was appropriate with the inclusion of a condition requiring an easement precluding additional or substitute construction adjacent to the new property line separation between the buildings. The purpose of this condition was to assure the continued integrity of the existing abutting buildings. Parcel Map No. PM is conditioned to expire on January 11, Proposal: The submitted request is for a three-year extension of time for previously approved Parcel Map No. PM to subdivide an existing one-parcel commercial property into a two-parcel commercial property. Discussion: Section of the California Government Code allows the Planning Commission, or City Council on appeal, to grant Parcel Map extensions for up to six years. The applicant s request constitutes the first application for a parcel map extension in accordance with state law. Prior to the expiration of an approved or conditionally approved tentative map, upon the application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. AGENDA ITEM NO. 2

18 Planning Commission Staff Report Extension of Approval No. EXT Page 3 Staff has reviewed the application and believes that granting the Parcel Map extension, as conditioned, is appropriate pursuant to Section of the California Government Code. The subdivision of the property, as proposed and conditioned, will not create any negative impacts on the site or surrounding area. The subdivision proposal is consistent with the General Plan. The subdivision will comply with applicable development criteria. The proposed configuration of the properties is appropriately integrated with the existing overall site design, as conditioned. As recommended, this extension shall expire January 11, 2021, if construction as previously approved for the property has not commenced. ENVIRONMENTAL ASSESSMENT: The project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Section 15315, Class 15 (Minor Land Division). FINDINGS OF FACT: a. The proposed Parcel Map is consistent with the City s General Plan, Zoning Ordinance, Subdivision Ordinance, and the State Subdivision Map Act. The project configuration and scope are consistent with applicable City ordinances. b. Adequate street access and traffic capacity are available to serve the project. There will be no alteration to the existing site design and improvements that will detract from the area character. c. The site is physically suitable for the existing development and associated improvements. d. The design of the development and improvements are not likely to cause public health problems. The project design is consistent with the intended area character and design. e. Subdivision of the properties will not negatively impact existing or future development of the site in compliance with the Zoning Ordinance, as conditioned. Subdivision of the properties will not preclude maintaining the overall current configuration of the integrated commercial center. The project will continue to promote the goals of the General Plan. f. The project will be constructed in compliance with applicable development requirements and consistent with the conditions required per Parcel Map No. PM Prepared by: Approved by: Presented by: Brady M. Woods, Planning Manager Joel W. Rosen, AICP, Community Development Director Brady M. Woods, Planning Manager ATTACHMENTS: 1. Proposed Resolution 2. Parcel Map PM Resolution No Parcel Map PM Tentative Parcel Map No SREXT AGENDA ITEM NO. 2

19 Attachment 1 RESOLUTION NO. EXTENSION OF APPROVAL EXT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR A THREE-YEAR EXTENSION OF APPROVAL FOR PREVIOUSLY APPROVED PARCEL MAP NO. PM TO SUBDIVIDE AN EXISTING ONE-PARCEL COMMERCIAL PROPERTY INTO A TWO-PARCEL COMMERCIAL PROPERTY AT VALLEY VIEW STREET WITHIN THE CS (COMMERCIAL SHOPPING) ZONE A. Recitals. (i) Joseph C. Truxaw and Associates, Inc. 265 S. Anita Drive, Suite 111, Orange, CA 92868, applicant, on behalf of ABS CA-O LLC c/o Albertson s LLC, 250 East Park Center Boulevard, Boise, Idaho 83726, and FRA Buena Park LP c/o Lambert Development LLC, 5 Hanover Square, 14th Floor, New York, New York 10004, property owners, have filed an application for a three-year extension of time for Parcel Map No. PM to subdivide an existing one-parcel commercial property into a two-parcel commercial property at Valley View Street, Buena Park, California (APN , 12), in the County of Orange. Hereinafter in this Resolution, the subject request is referred to as the application. (ii) On December 16, 2015, this Commission conducted a duly noticed public hearing on Parcel Map application PM14-002, and concluded said hearing prior to the adoption of Resolution No (iii) On December 13, 2017, this Commission conducted a hearing to consider the request for time extension by the applicant for Parcel Map No. PM and concluded said hearing prior to the adoption of this Resolution. (iv) 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 and development plans stamped RECEIVED NOV PLNG. DIV., this Commission hereby specifically finds as follows: a. The proposed Parcel Map is consistent with the City s General Plan, Zoning Ordinance, Subdivision Ordinance, and the State Subdivision Map Act. The project configuration and scope are consistent with applicable City ordinances.

20 Resolution No. Extension of Approval No. EXT December 13, 2017 b. Adequate street access and traffic capacity are available to serve the project. There will be no alteration to the existing site design and improvements that will detract from the area character. c. The site is physically suitable for the existing development and associated improvements. d. The design of the development and improvements are not likely to cause public health problems. The project design is consistent with the intended area character and design. e. Subdivision of the properties will not negatively impact existing or future development of the site in compliance with the Zoning Ordinance, as conditioned. Subdivision of the properties will not preclude maintaining the overall current configuration of the integrated commercial center. The project will continue to promote the goals of the General Plan. f. The project will be constructed in compliance with applicable development requirements and consistent with the conditions required per Parcel Map No. PM 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 15, 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 NOV PLNG. DIV. as modified herein and the following reasonable conditions set forth in paragraph 5 of this Resolution. 5. The following conditions are deemed necessary to protect the public health, safety, and general welfare and are reasonable and proper in accordance with the purpose and intent of the Buena Park City Code: PUBLIC WORKS DEPARTMENT: 1. In accordance with the State Subdivision Map Act and Title 18 of the Buena Park City Code (BPCC), tentative and final parcel maps are required to subdivide one existing parcel to two parcels. All improvements required to be completed by the subdivider shall be in accordance with the design standards and specifications adopted by the City of Buena Park. Copies of the title search and traverse calculations shall be submitted to the City Engineer at the time of or before first submittal of the final map. The parcel map shall conform to the County Ordinance No for boundary in a digital format. Page 2

21 Resolution No. Extension of Approval No. EXT December 13, 2017 BUILDING DIVISION: 1. A no-build easement shall be established on both sides of the proposed north/south property line between the buildings. The no-build easement shall extend out a minimum of 20 feet on each side of the new property line for a minimum distance of four feet beyond the furthest north and south building edges on each end, respectively. The no-build easement shall remain in place until such time as building code compliance can be demonstrated for both buildings relative to proximity to the proposed property line. 2. The no-build easement cited under condition 1 of the Building Division in the approving Resolution No shall be recorded with the County Clerk s Office. PLANNING DIVISION: 1. This approval shall be for a three-year extension of time for Parcel Map No. PM to subdivide an existing one-parcel commercial property into a two-parcel commercial property at Valley View Street, Buena Park, California (APN , 12). This extension shall expire January 11, 2021 if construction as approved for the property under is not commenced pursuant to entitlement granted under Parcel Map No. PM The map shall conform to the plan as finally approved by the City, as conditioned herein, and any significant modification shall require the prior approval of the Planning Commission. 3. The applicant shall indemnify, defend and hold harmless City, its officers, agents, and employees from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Parcel Map and from any and all claims and losses occurring or resulting to any person, firm, corporation, or property for damage, injury, or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated hereinabove shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. Page 3

22 Resolution No. Extension of Approval No. EXT December 13, 2017 PASSED AND ADOPTED this 13th day of December 2017 by the following called vote: AYES: 0 COMMISSIONER: NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAIN: 0 COMMISSIONER: Deborah Diep 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 Extension of Approval No. EXT and do agree that I/We shall conform with and abide by all such conditions. Date: Owner/Applicant s Signature REEXT Page 4

23 Attachment 2

24

25

26

27 Attachment 3

28 STAFF REPORT Planning Commission CASE SUMMARY: Case Number: Conditional Use Permit CU Application Request: Sale/consumption of beer, wine, spirits; modify operating hours at an existing restaurant Staff Recommendation: Approve Resolution with Conditions Public Notification: 13 notices mailed on November 30, 2017 CEQA Compliance: Categorical Exemption (Existing Facilities) Staff Planner: Braulio M. Moreno, Assistant Planner MEETING DATE: December 13, 2017 AGENDA ITEM NUMBER: 3 PROPERTY OWNER: APPLICANT: APPLICATION REQUEST: Ocean Plaza LLC 440 S. Vermont Ave Suite 301 Los Angeles CA, Miss Shabu, LLC 5450 Beach Blvd. # Buena Park, CA To allow the upgrade of an previously approved Alcohol Beverage Control (ABC) Type-41 license for the sale of beer and wine to a Type-47 license for the sale of beer, wine, and distilled spirits for onsite consumption; and extension of operating hours to 2:00am daily at an existing restaurant (Miss Shabu) PROPERTY LOCATION / APN: 5450 Beach Blvd, Suites / SUBJECT PROPERTY INFORMATION: The property under application is located on Beach Boulevard between Cascade Way and Malvern Avenue, with street frontages of approximately 875 ft. along Beach Boulevard and approximately 500 ft. along Cascade Way. It carries a General Plan designation of Commercial Office Mixed Use, a Zoning classification of CS (Community Shopping), and a total land area of the property is acres. The property is currently developed with an approximately 96,747 sq. ft. multi-tenant shopping center (McComber Shopping Center).

29 Planning Commission Staff Report Conditional Use Permit No. CU Page 2 SURROUNDING LAND USE CHARACTERISTICS: GENERAL PLAN ZONING EXISTING LAND USE North OCM CS Commercial South LI ML Office East HDR RM-20 Multifamily Residential West OCM CS Commercial 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 McComber Shopping Center consists of two large buildings located at the rear of the property, currently occupied by a 33,823 sq. ft. Zion Market and a 28,000 sq. ft. structure that currently contains twelve (12) units with a shared public area formerly occupied by the Sav-On Drug Store, as well as smaller in-line tenants. The center also consists of a free-standing former Denny s restaurant now Hamjipak Korean Restaurant, Jack-in-the-Box restaurant as well as a bank. The shopping center was approved in 1975 with the initial tenants as Ralph's and Sav-On Drug Store. In addition, the applicant is proposing to extend the hours of operation from 11:00am to 2:00am each day of the week. In December, 2008, Interdepartmental Review No. ID was approved to reconfigure the former 28,000 sq. ft. Sav-On Drug store tenant space into fourteen (14) separate tenant spaces with a common pedestrian lobby. The restaurant under application currently occupies two tenant spaces with access to the interior common pedestrian lobby as well as the exterior of the building. The applicant was approved to occupy an additional tenant space within the building in order to provide associated banquet space. On January 11, 2011, the Planning Commission approved Conditional Use Permit No. CU10-014, to allow the sale of beer and wine for on-site consumption in conjunction with a full service restaurant, as well as business hours from 11:00am to 12:00am Sunday through Thursday and 11:00am to 2:00am Friday and Saturday. The restaurant began operations on May 12, On December 6, 2011, the Community Development Director approved a minor modification to Conditional Use Permit No. CU10-014M1 to expand the 2,051 sq. ft. restaurant, including the alcohol beverage consumption provisions, with an additional 990 sq. ft. for a new banquet area. AGENDA ITEM NO. 3

30 Planning Commission Staff Report Conditional Use Permit No. CU Page 3 Proposal: The applicant has submitted an application, plans, and business plan requesting Planning Commission approval for the upgrade to an ABC Type-47 License allowing the sale of beer, wine, and distilled spirits for on-site consumption for the entire 3,041 sq. ft. restaurant, which has been under operation as Miss Shabu since March 9, According to the submitted business plan, alcoholic beverage sales will be incidental to the sale of food. In addition, the applicant is proposing to extend the hours of operation from 11:00am to 2:00am each day of the week. Discussion: Section of the City Code requires the applicant to obtain Planning Commission approval for the upgrade of an existing ABC license to allow the sale of beer, wine, and distilled spirits for on-site consumption in conjunction with a full service restaurant via the Conditional Use Permit process. In reviewing the applicant s request, staff reviewed plans and visited the property and is of the opinion that the facility and site are adequate to support the establishment of the sale of beer, wine, and distilled spirits for on-site consumption. Staff believes that on-site sale and consumption of alcoholic beverages will be appropriate within the context of the full service restaurant and will not negatively impact the subject and surrounding properties. The restaurant has no additional interior modifications proposed. There are separate men s and women s restrooms within the tenant space which meet Building Code requirements for the restaurant size and occupancy. The restaurant is located toward the front of the multi-tenant commercial building approximately 300 ft. from the residential dwellings to the east. There are no direct exits to the east between the subject tenant space and the adjacent residential dwellings to the east. As conditioned, the on-site sale and consumption of beer, wine, and distilled spirits will be incidental to the full service restaurant use. To reaffirm the incidental use, staff is recommending a condition that requires gross food sales receipts to exceed gross receipts of alcoholic beverages and those alcoholic beverages be served only in conjunction with food sales. The proposed hours of operation are 11:00 a.m. to 2:00 a.m. each day of the week. In staff s opinion, the proposed operating hours are appropriate for the Korean restaurant and are consistent with other similar approvals in the area. Although the restaurant has been operating, as part of the application, the applicant has submitted a parking calculation inclusive of all tenant spaces within the. On-site parking is adequate for the existing business as the McComber Shopping Center currently maintains 571 parking spaces while 565 spaces are required. Also, upon review of the applicant s request, the Buena Park Police Department has indicated in a memo dated November 28, 2017 that they have no objection to the applicant s proposal for on-site sale and consumption of alcoholic beverages or the extended hours of daily operations, as conditioned. ENVIRONMENTAL ASSESSMENT: The project is Class 1, Section (Existing Facilities), 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 Library, and Ehlers Community Recreation Center on November 30, 2017, and 13 notices were mailed to property owners within 300 ft. radius of the subject property on November 30, FINDINGS OF FACT: a. The proposed expansion of the on-site ancillary sale and on-site consumption of beer, wine, and distilled spirits in conjunction with the existing Korean restaurant is consistent with the City s General Plan and Zoning Ordinance, as conditioned, and will include appropriate operating requirements in that the restaurant with sale of beer and wine spirits is an permissible use with the approval of a Conditional Use Permit (previously approved CU10-014) in a CS (Commercial Shopping) zone. As identified in the Buena Park General Plan, the business is located within the North Beach Commercial Focus Area in which is envisioned as an attractive dining, retail, and service node close to professional businesses and places of work. By providing additional dinning opportunities the proposed use is consistent with the following goals and policies listed within the General plan. Policy LU-11.1 Promote business attraction, retention, and expansion to enhance the city s economic viability b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the applicant s request. Based on the required operating conditions, there will be no conflicts or incompatibility created based on the ancillary nature of the proposed associated uses. In addition, the Buena Park Police Department has determined the proposed use to have no foreseen issues from the expansion of the ABC license and hours of operation. c. Adequate vehicle access, traffic capacity, and parking are available to serve the existing restaurant with on-site sale and consumption of beer, wine, and distilled spirits. The use and design will be compatible with adjacent existing and adjacent uses. d. Adequate utilities and public services are available to serve the existing restaurant. The proposal, as conditioned, will allow uses and intensity consistent with similar establishments in the vicinity. The site is fully developed and meets City standards for public services and utilities to serve the site. e. The proposed on-site ancillary sale and consumption beer, wine, and distilled spirits in conjunction with the restaurant as conditioned, will be compatible with the site and area character as the property is zoned CS and developed with an existing restaurant. AGENDA ITEM NO. 3

32 Planning Commission Staff Report Conditional Use Permit No. CU Page 5 f. Criteria set forth in the Section of the Buena Park Zoning Ordinance for the approval of Restaurants Serving Alcoholic Beverages are found to be met by the proposal as the expansion of the existing ABC license to sale beer, wine, and distilled spirits for on-site consumption will be an incidental activity of food service, and proper records shall maintained in compliance with code. g. The proposed use will not have any detrimental impact on the required parking or other development standards in that the business is an existing establishment with a previously approved conditional use permit for the sale of beer and wine. Prepared by: Approved by: Presented by: Braulio Moreno, Assistant Planner Joel W. Rosen, AICP, Director of Community Development Braulio Moreno, Assistant Planner ATTACHMENTS: 1. Proposed Resolution 2. Business Plan 3. Census Tract Active ABC licenses 11/13/ Vicinity Map 5. Development Plans SRCU AGENDA ITEM NO. 3

33 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 ALLOW THE UPGRADE OF AN ABC TYPE-41 LICENSE FOR THE SALE OF BEER AND WINE TO A TYPE-47 FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR ON-SITE CONSUMPTION, AND EXTENSION OF OPERATING HOURS TO 2:00 AM DAILY FOR AN EXISTING RESTAURANT LOCATED AT 5450 BEACH BLVD, SUITES WITHIN THE CS (COMMUNITY SHOPPING) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals (i) Miss Shabu, LLC, applicant, 5450 Beach Boulevard Buena Park CA, 90621, on behalf of Ocean Plaza LLC, property owner, S. Vermont Ave Suite 301, Los Angeles, CA 90020, has filed an application for the issuance of Conditional Use Permit No. CU to allow the upgrade of an ABC Type-41 license for the sale of beer and wine to a Type-47 for the sale of beer, wine and distilled spirits for on-site consumption, and allow an extension for hours of operation from 11:00am to 2:00am daily located at 5450 Beach Boulevard, Suites , 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 December 13, 2017, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. (iii) B. Resolution. All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Buena Park as follows: DRAFT 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 the Planning Commission during the above-referenced hearing, including written staff reports, verbal testimony, and development plans stamped RECEIVED OCT PLNG. DIV., this Commission hereby specifically finds as follows: a. The proposed expansion of the on-site ancillary sale and consumption of beer, wine, and distilled spirits in conjunction with the existing Korean restaurant is consistent with the City s General Plan, Zoning Ordinance, as well as previously approved Conditional Use Permit No. CU10-014M1, as conditioned. As identified in the Buena Park General Plan, the business is located within the North Beach Commercial Focus Area in which is envisioned as

34 Resolution No. Conditional Use Permit No. CU December 13, 2017 an attractive dining, retail, and service node close to professional businesses and places of work. By providing additional dinning opportunities the proposed use is consistent with the following goals and policies listed within the General plan. Policy LU-11.1 Promote business attraction, retention, and expansion to enhance the city s economic viability. b. The site is adequate in size, shape, topography, location, and other factors, to accommodate the applicant s request. Based on the required operating conditions, there will be no conflicts or incompatibility created based on the ancillary nature of the proposed associated uses. In addition, the Buena Park Police Department has determined the proposed use to have no foreseen issues from the expansion of the ABC license and hours of operation. c. Adequate vehicle access, traffic capacity, and parking are available to serve the existing restaurant with on-site sale and consumption of beer, wine, and distilled spirits. The use and design will be compatible with adjacent existing and adjacent uses. d. Adequate utilities and public services are available to serve the existing restaurant. The proposal, as conditioned, will allow uses and intensity consistent with similar establishments in the vicinity. The site is fully developed and meets City standards for public services and utilities to serve the site. e. The proposed on-site ancillary sale and consumption beer, wine, and distilled spirits in conjunction with the restaurant as conditioned, will be compatible with the site and area character as the property is zoned CS and developed with an existing restaurant. f. Criteria set forth in the Section of the Buena Park Zoning Ordinance for the approval of Restaurants Serving Alcoholic Beverages are found to be met by the proposal as the expansion of the existing ABC license to sale beer, wine, and distilled spirits for on-site consumption will be an incidental activity of food service, and proper records shall maintained in compliance with code. g. The proposed use will not have any detrimental impact on the required parking or other development standards in that the business is an existing establishment with a previously approved conditional use permit for the sale of beer and wine. DRAFT PLANNING DIVISION: 1. This approval shall allow the sale of beer, wine, and distilled spirits to a Type-47 for the sale of beer, wine and distilled spirits for on-site consumption and grant an extension for hours of operation from 11:00am to 2:00am daily, located at 5450 Beach Boulevard, Suites , as described and shown on attached business, floor, and parking plans and documents stamped RECEIVED OCT PLNG. DIV., except as modified herein. Page 2

35 Resolution No. Conditional Use Permit No. CU December 13, Sale of beer and wine for off-site consumption shall be prohibited. On-site consumption of alcohol purchased off-site shall be prohibited. 3. Quarterly gross sales of beer, wine, and distilled spirits 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. 4. The premises shall be continuously maintained as a bona fide eating and beverage establishment, and shall provide menus containing an assortment of foods and beverages typically offered in such establishments. 5. The owner or designee shall obey all rules, regulations and conditions imposed upon the project through, but not limited to, the Alcoholic Beverage Control (ABC) and relevant State laws. Revocation of, or sale of said ABC license to another person at another location, shall render any City approved CUP for alcohol service at the subject property null and void. Prior to any sale of the ABC license, the owner or designee shall notify the Community Development Department of the sale. 6. The owner or designee shall be responsible for ensuring that all required employees receive Responsible Alcoholic Beverage Service training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on-site during the business hours, and made available for inspection upon request. 7. No live entertainment, including live music bands, performance acts, pool tables, video games, dancing, karaoke or other amusement devices, shall be permitted without first obtaining an Entertainment Permit approved by the Community Development Department and Police Department detailing permissible entertainment types and any requirements for security in accordance with the provisions of Chapter 5.24 of the Buena Park Municipal Code prior to commencing any entertainment on the premises.. 8. Amplified music, except for special approved events, shall not be permitted, except background music that complements a dining experience. Such amplified music shall be at a level that does not impede normal conversation. Any interior amplified music shall be maintained at a level so as not to disturb adjacent residents. DRAFT 9. Special events and promotions, which may include amplified music and entertainment, shall require approval of a Temporary Use Permit. Special event Temporary Use Permits may include events, conditions and operational restrictions different from this Conditional Use Permit. 10. The front windows of the dining and beverage facility shall remain sufficiently uncovered to allow unobstructed view into the establishment from the exterior, except that mini-blinds or shades may be used during daytime hours for sun shielding. Page 3

36 Resolution No. Conditional Use Permit No. CU December 13, The restaurant establishment shall maintain a business license as required by the Buena Park City Code. 12. Planning Commission review of the entitlement shall be scheduled if there are three verifiable nuisance complaints received and no modifications have been made by the owner and/or applicant to address the nuisance complaints. A report shall be provided to the Planning Commission regarding the operation of the restaurant six months after commencement of operations granted under Conditional Use Permit No. CU 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. 14. Any violation of or noncompliance with conditions of approval associated with these businesses shall jeopardize the entitlements approved under this Conditional Use Permit. 15. The use authorized by this Conditional Use Permit shall be started within one (1) year of the expiration of the appeal period. 16. Any appreciable modification shall require the prior approval of the Planning Commission. 17. Prior to commencement of the approved use, these conditions and all improvements shall be completed to the satisfaction of the City. 18. 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. DRAFT Page 4

37 Resolution No. Conditional Use Permit No. CU December 13, 2017 PASSED AND ADOPTED this 13 th day of December 2017 by the following called vote: AYES: 0 COMMISSIONER: NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAINED: 0 ATTEST: Joel W. Rosen, AICP Secretary COMMISSIONER AFFIDAVIT OF ACCEPTANCE: Deborah Diep Chair 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. RECU DRAFT Date: Owner/Applicant s Signature Page 5

38 Attachment 2

39 California ABC - License Query System - Data Portal Attachment 4 3 t-j CA Howec\ California Department of Alcoholic Beverage Control On-Sale Licenses For Census Tract Report as of 11/ of 9 Licenses Displayed To create a downloadable CSV File go back and check the Create CSV Dowload Option. License Status Llcen11 Orig. las. Explr Primary Owner and 8uslne11 Name Malllng Geo ~umbe1 TvDll D1te Date Prem1.. 1 Addr. AddN11 Code 1 IWZ A.CTIVE <t1 09/ B/ LEE. YONG HWAN H BEACH WHALEO BEACH BLVD BUENA PARK, CA Ul'll7JiY ACTIVE 41 t13t15/2010 "' '!Ofl082 ACTIVE.., ~ r-... us Tract 1108,07 >41fifill ACTIVE Z/ COREA B,8.0. INC. MYUNG DONG TOFU HOUSE 3003 S<t<t6 BEACH BLVD RESTAURANT BUENA PARK, CA ACTIVE R' ~52770 ACTIVE <t7 03/ If~ ~CTIVE 41 "4127/2015 ~nsu& Trac:s: fm?b/2018 FULLERTON BCD INC BCD TOFU HOUSE 5325 BEACH BLVD 3003 ~321 & 5325 BEACH BLVD BUENA PARK, CA BUENA PARK, CA Census Trad: /2017 DARK HOUSE INC 3UNULKOREANRESTAURANT "48 BEACH BL VD BUENA PARK, CA {'...,,.us Tract: ENTAS AMERICA. INC SAPPORO SUSHI 5'191 BEACH BL VO IJQ BEACH BLVD 13UENA PARK. CA ~UENA PARK. CA r-... nsus 'trad: IVIVIDUS VENTURE DINE KOREAN RESTAURANT 5300 BEACH BLVD, CORPORATION BEACH BLVD. STE BUENA PARK, CA BUENA PARK. CA Cen$Us Tract: Jl\' KIM, DIANE HEA YOUNG HOUSE OF JOY CHINESE P.O. BOX BEACH BL VO RESTAURANT ARCADIA. CA BUENA PARK. CA P358 A~ ;;,.Ji,7?R7 ACTIVE '2018 Census Traci: /2018 HAMJIPARK otal CLASSIC. INC ~350 BEACH BLVD BUENA PARK, CA HAMJIPARI< OTAL BUENA PARK )5_79874 ACTIVE 41 KIB/ Census Tract: /2018 CHANG, YOUNG KUK SAE MAUL SIK DANG "71 BEACH BL VD BUENA PARK. CA Census Tract: End of Report - I 1114/20 J 7

40 Attachment 4 HUMBOLDT HUMBOLDT HUMBOLDT HUMBOLDT HUMBOLDT DR DR DR DR DR MALVERN MALVERN MALVERN MALVERN MALVERN AV AV AV AV AV STAGE RD STAGE STAGE STAGE STAGE STAGE RD RD RD RD RD BEACH BEACH BEACH BEACH BEACH BL BL BL BL BL DODDS DODDS DODDS DODDS DODDS AV CASCADE WY FALLS FALLS FALLS FALLS FALLS WY TULARE ST RIVER WY CASCADE WY TULARE ST AT-SF RAILWAY STANTON AV City of Buena Park Planning Commission December 13, Beach Boulevard CU Project Vicinity Map Walnut Avenue