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

AGENDA Planning Commission MEETING DATE AND TIME: MEETING LOCATION: August 28, 2013-7:00 p.m. 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: Capelle, Chung, Diep, Gonzales, McGuire, Schoales, and Barstow PLANNING COMMISSION CONSENT CALENDAR (Item 1) NOTICE: All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Planning Commission or the public requests separate action on a specific item. Members of the Planning Commission or the public may ask to be heard on any item on the Planning Commission Consent Calendar. 1. APPROVAL OF MINUTES Meeting of August 14, 2013 RECOMMENDED ACTION: Approve ==========================END OF CONSENT CALENDAR =========================

Planning Commission Agenda August 28, 2013 Page 2 NEW BUSINESS: 2. SITE PLAN NO. SP13-005 A request to convert a former flower shop into a medical office including three additions totaling 935 sq. ft. and site modifications at 5972 Beach Boulevard within the CO (Commercial Office) zone. PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: Dr. Sally Kim/ Beach Blvd 5730 Opportunities, LLC 5730 Beach Boulevard, Suite 201 Buena Park, CA 90621 Dan Mac Lellan 22961 Triton Way, Suite G Laguna Hills, CA 92653 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: pcag082813

Minutes of the Planning Commission Meeting of August 14, 2013 Vol. 28 - Page No. 5529 CITY OF BUENA PARK MINUTES OF CITY PLANNING COMMISSION August 14, 2013 The regular meeting of the Planning Commission of the City of Buena Park convened at 7:00 p.m. on August 14, 2013, in the City Council Chamber, 6650 Beach Boulevard, Buena Park, California with Chair McGuire presiding. PRESENT: COMMISSIONERS: Capelle, Chung, Diep, Gonzales, McGuire, Schoales, and Barstow ALSO PRESENT: Joel W. Rosen, AICP, Community Development Director Jay Saltzberg, Planning Manager Jennifer Wallis, Assistant Planner Nabil Henein, Assistant City Engineer Craig Fox, Deputy City Attorney Ruth Santos, Senior Administrative Secretary Suzanne Davis, Senior Secretary CONSENT CALENDAR: (Item 1) 1. APPROVAL OF MINUTES - Meeting of July 24, 2013 RECOMMENDED ACTION: Approve The MOTION CARRIED unanimously. ======================= END OF CONSENT CALENDAR==================== PUBLIC HEARING: NEW BUSINESS: 2. CONDITIONAL USE PERMIT NO. CU13-012 A request to establish an indoor children s recreation facility featuring inflatable play equipment at 7501 Commonwealth Avenue within the CG (Commercial General) zone. PROPERTY OWNER: APPLICANT: John Lesser 2629 Towngate Road, Suite 235 Westlake Village, CA 90620 Cong Phui 10222 Dewey Drive Garden Grove, CA 92840

Minutes of the Planning Commission Meeting of August 14, 2013 Vol. 28 - Page No. 5530 In reply to Chair Barstow, Ms. Santos stated that staff had received no written communication on the item. The staff report was introduced by Jennifer Wallis, Assistant Planner. The subject properties are zoned CG (Commercial General) and are developed with a former bank building and associated parking lots. The properties to the north are zoned RM-20 (Medium Density Multifamily Residential) and are developed with single family homes. The properties to the east are zoned CG and are developed with commercial businesses, including a laundromat, lawnmower repair shop, and art studio. The properties to the west are zoned ACSP (Auto Center Specific Plan) and are vacant with recent entitlement approved to construct a new GM automobile dealership on the southwest corner of Western Avenue and Auto Center Drive. The triangular parking area at the intersection of Commonwealth Avenue and Auto Center Drive is owned by the City and used for public parking. Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU13-012 with the findings and conditions listed herein. The properties under application consist of three properties with the main two parcels located on the northeast corner of Commonwealth Avenue and Western Ave. and developed with an 8,350 sq. ft. former bank building with 920 sq. ft. mezzanine and 32 parking spaces. The remaining parcel is located on the north side of 5 th Street and developed with an associated 24 space parking lot. The subject site maintains street frontages of approximately 210 ft. on 5 th Street, 122 ft. on Western Avenue and 194 ft. along Commonwealth Avenue, including the City parking lot, for a total land area of 33,379 sq. ft. The additional parking lot on 5 th Street maintains approximately 95 ft. of frontage along 5 th Street and a total land area of 10,800 sq. ft. The bank building was originally approved by the Planning Commission in 1961 through Site Plan No. SP-44. The previous tenant, Wells Fargo, ceased on-site banking operations in 2008 and the building has since been vacant but has continued to maintain a drive-up ATM on-site. The submitted application, plans, and business plan propose to establish an indoor children s recreation facility featuring inflatable play equipment. The proposed indoor recreation area will be open from 10:00 a.m. to 7:00 p.m. Sunday through Thursday and 10:00 a.m. to 8:00 p.m. Friday and Saturday and will include approximately four employees per weekday shift and six employees per weekend shift. The submitted plans indicate that the interior of the building will be reconfigured to accommodate a large open area with approximately eight inflatable play devices as well as three downstairs party rooms and one upstairs party room. Jumping Fun Kids will provide a variety of inflatable equipment geared towards children between the ages of 2 to 13 years old including inflatable obstacle course, inflatable maze, inflatable slides, as well as inflatable bounce houses. The facility will also provide a maximum of 3 coin operated arcade games. Interior video monitoring systems within the play area will include an eight camera system which will have monitor systems within each party room for supervision by parents and chaperons. There will be a small concession area for drinks and snacks such as hot dogs, individual pizzas and ice cream as well as microwaves to heat small items. Larger food items such as cakes and pizza will be provided by the patrons and brought in. There will be no on-site kitchen or food preparation area. No exterior improvements are being proposed at this time.

Minutes of the Planning Commission Meeting of August 14, 2013 Vol. 28 - Page No. 5531 Pursuant to Section 19.512.010 of the Zoning Ordinance, establishment and operation of a commercial recreation use is subject to the review and approval of the Planning Commission via the Conditional Use Permit Process. After reviewing the applicant s request, development plans, and business plan as well as visiting the site, staff is of the opinion that the proposed indoor children s recreation facility featuring inflatable equipment can be accommodated without negatively affecting the subject or surrounding properties. As described within the proposed business plan, the proposed children s recreation facility will be appropriate within the context of the existing commercial building, as conditioned, and consistent with current and anticipated tenants within the area as well as nearby residences. In regards to on-site parking, access and circulation, the subject properties were originally developed to accommodate a commercial bank use with traffic demand and pattern similar to the proposed indoor children s recreation facility. The on-site parking lots to the east and west of the building as well as across 5 th Street provide adequate area for customer and employee parking as well as children drop-off and pick-up with 56 spaces while maintaining appropriate on-site circulation. The 13 space adjacent City owned parking lot may also be utilized by patrons for overflow parking since the lot is available to the public and all surrounding businesses. The subject commercial building was designed to accommodate a bank which requires 6 spaces per 1000 sq. ft. as compared to a children s recreation facility, which requires 5 spaces per 1000 sq. ft. of floor area. A total of 56 parking stalls (32 on-site and 24 across 5 th Street) will be provided while only 46 are required by Code with an additional 13 spaces provided within the adjacent public parking lot. The Buena Park Police Department reviewed the request to establish an indoor children s recreation facility featuring inflatable play equipment and provided no comments in response to the applicant s request. In summary, based on the above analysis, Staff is of the opinion that the proposed indoor children s recreation facility with inflatable equipment, as conditioned, will not be detrimental to the subject properties or surrounding properties and the project will be in conformance with applicable Zoning and General Plan requirements. Staff feels that the use will be compatible with the existing and future commercial uses for the site and adjacent commercial and residential properties. Furthermore, the indoor children s recreation facility will be compatible with the intended and existing character of the area based on operating characteristics, site layout, access, parking, and compliance with applicable development standards. The project is Class 1, Section 15301, categorically exempt from CEQA. Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on August 1, 2013, and 21 notices were mailed to property owners within a 300 ft. radius of the subject property on August 1, 2013. Chair Barstow asked if there were any questions of staff. Commissioner Gonzales asked about the parking requirement comparison survey regarding similar businesses in other Orange County cities. Ms. Wallis said the proposed project exceeds the City parking requirement. Although the proposed project is the first in the City to feature inflatable play equipment, the City has

Minutes of the Planning Commission Meeting of August 14, 2013 Vol. 28 - Page No. 5532 other recreation facilities. The parking requirement is comparable to a similar entertainment center in the City of Orange. Chair Barstow suggested installation of a crosswalk, with crosswalk marking and sign on Fifth St. for the children s safety and to avoid possible accident lawsuits. Mr. Henein said the request will be evaluated by the Traffic Engineer and the results will be reported to Planning Commission. Chair Barstow said that this is a public hearing. If there is anyone wishing to speak on the item, please come forward and state their name and address for the record. There being no one wishing to speak on the matter, Chair Barstow closed the public hearing and advised that the item requires a Resolution for approval or denial with findings. Commissioner Capelle moved and Commissioner Gonzales seconded the motion to adopt the following titled Resolution recommending Conditional Use Permit No. CU13-012 with the findings of fact and conditions listed therein. AYES: 7 COMMISSIONERS: Capelle, Gonzales, Chung, Diep, McGuire, Schoales, and Barstow NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAIN: 0 COMMISSIONER: RESOLUTION NO. 5876 CONDITIONAL USE PERMIT NO. CU13-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF CONDITIONAL USE PERMIT NO. CU13-012, TO ESTABLISH AN INDOOR CHILDREN S RECREATION FACILITY FEATURING INFLATABLE PLAY EQUIPMENT LOCATED AT 7501 COMMONWEALTH AVENUE WITHIN THE CG (COMMERCIAL GENERAL) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF CONTINUED PUBLIC HEARING: 3. DEVELOPMENT AGREEMENT NO. DA13-002; CONDITIONAL USE PERMIT NO. CU13-010; CONDITIONAL USE PERMIT NO. CU13-011 A request for recommendation to the City Council regarding proposed Development Agreement and associated Conditional Use Permits to construct a new commercial center with 2,542 sq. ft. convenience store with sale of beer and wine for off-site consumption, 2,128 sq. ft. laundromat, and 2,309 sq. ft. bar/lounge with on-site sale and consumption of

Minutes of the Planning Commission Meeting of August 14, 2013 Vol. 28 - Page No. 5533 beer, wine, and distilled spirits, with 1,605 sq. ft. second floor private office as well as site improvements at 8761 Knott Avenue within the CS (Community Shopping) zone. PROPERTY OWNERS: Encore Property Group, LLC P.O. Box 898 Cypress, CA 90630 City of Buena Park 6650 Beach Boulevard Buena Park, CA 90620 APPLICANT: Encore Property Group, LLC P.O. Box 898 Cypress, CA 90630 In reply to Chair Barstow, Ms. Santos stated that staff distributed a memo from the Community Development Director recommending the replacement of CU13-010 Condition No. 11 and modification of CU13-011 Condition No. 6. The staff report was introduced by Jennifer Wallis, Assistant Planner. On July 24, 2013, the Planning Commission held a public hearing to consider construction of a new commercial center with a 2,542 sq. ft. convenience store with sale of beer and wine for off-site consumption, a 2,128 sq. ft. laundromat, and a 2,309 sq. ft. bar/lounge with entertainment as well as on-site sale and consumption of beer, wine, and distilled spirits with 1,605 sq. ft. second floor private office as well as site improvements. After considering public comments related to potential impacts associated with operation of the bar/lounge, the Planning Commission expressed general approval regarding the project site redevelopment goal, but also expressed concern with the design and layout of the building, noise concerns with the bar entry and exit facing residential properties to the west and lack of designated outdoor smoking area. At the conclusion of the public hearing, the applicant requested the item be continued in order to work with Staff on addressing the Commission s concerns. Staff subsequently met with the applicant to discuss Commissioner concerns and in response the applicant has submitted revised plans to address the concerns. The applicant indicated that after speaking with their prospective tenants and analyzing the site layout, a complete redesign of the site and building design would be infeasible due to tenant specifications and City Code parking requirements. However, the applicant has redesigned the bar/lounge floor plan to address concerns about noise and smoking. Due to the redesign of the building, the overall bar/lounge will be reduced by 168 sq. ft. for a total of 2,141 sq. ft. while the second story office will be expanded by 145 sq. ft. for a total of 1,750 sq. ft. The convenience market and laundromat will remain the same. The revised floor plan provides a new vestibule entry and adjacent enclosed outdoor patio for smoking along Younger Drive. The new entry and outdoor patio will maintain a 36 inch high block wall with 36 inch wrought iron fence extension including lexan barrier panels to reduce noise and provide a designated area for smoking. The new vestibule entry will serve to reduce sound from the interior of the establishment from being audible outside. All bar/lounge doors along the west elevation adjacent to multi-family residential property have been removed and the remaining door along the north elevation facing single-family homes

Minutes of the Planning Commission Meeting of August 14, 2013 Vol. 28 - Page No. 5534 has been restricted to emergency exit only with panic hardware and has been relocated to obscure emanating sound and interior sightline. Additional landscape planters have also been incorporated along the north and west elevations of the bar/lounge to include new decorative trellis features to minimize reverberation. The applicant has also agreed to construct new minimum 8 ft. high decorative block walls along the entire north and west property lines adjacent to all residential properties. In reviewing the applicant s revised plans and requests, staff is of the opinion that the proposed commercial center with convenience store, laundromat, and bar/lounge with outdoor entry patio, as modified, as well as associated site improvements can be accommodated without negatively affecting the subject or surrounding businesses. Furthermore, the development will significantly improve the area by redeveloping the currently blighted property to include quality building and site design and materials. The transfer and reuse of both existing ABC licenses will not require additional licenses. The Conditional Use Permit process will allow creation of conditions to control operations and minimize potential impact to adjacent properties associated with current operation of the legal non-conforming bar and establish updated requirements for the convenience market. The revised plans, including new enclosed smoking patio with clear barrier panels to reduce noise as well as new interior vestibule entry, will minimize noise impacts to adjacent residential properties by creating a noise barrier vestibule entry, controlling associated bar/lounge smoking, and restricting the entry and smoking locations toward the street and away from residential properties. The addition of new landscape along the north and west elevations of the building as well as new minimum 8 ft. high decorative block perimeter walls will also reduce noise reverberation within the parking lot. Notice of public hearing was originally posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on July 11, 2013, and 133 notices were mailed to property owners and residents within a 300 ft. radius of the subject property on July 11, 2013. Chair Barstow asked if there were any questions of staff. Commissioner Gonzales asked if the 8-ft. tall perimeter wall will encompass the north and west sides adjacent to the single-family and multi-family properties. Ms. Wallis confirmed that the 8-ft. wall is along the north and west sides adjacent to the residentially zoned properties. Commissioner Schoales asked about the minimum setback requirement if the proposed project were to be constructed in accordance with the more traditional L-shaped strip mall. Ms. Wallis said that the minimum setback requirement would still be 10-ft. from the back of the new commercial building to the property line. Chair Barstow said that this is a public hearing. If there is anyone wishing to speak on the matter, please come forward and state their name and address for the record. Roger Jon Diamond, Attorney representing the applicant, 2115 Main Street, Santa Monica, CA 90405, said the applicant has met with staff and submitted a revised site plan in

Minutes of the Planning Commission Meeting of August 14, 2013 Vol. 28 - Page No. 5535 response to Commissioner recommendations during the July 24 meeting to ensure maximum noise screening for surrounding residents. Mr. Diamond asked if karaoke can be excluded from modified Condition No. 6, CU13-011, stating that all forms of live entertainment, live bands, and disk jockeys not exceed 11 pm Sunday through Thursday and 12 am Fridays and Saturdays. He requested that this new condition restricting karaoke be waived; stating that karaoke, which has been part of the business, has not caused any problems. The proposal is for relocation of the existing business, not to establish a new business. Commissioner Schoales asked if the restriction included in the recommended revised condition includes all forms of live entertainment. Ms. Wallis stated the restrictions contained in the revised condition include all forms of live entertainment. Commissioner Capelle asked if karaoke is considered amplified music. Ms. Wallis said that karaoke includes amplified music. Mr. Rosen and Ms. Wallis explained that if the proposed project is approved, requests for modification of entertainment hours will require a Minor Modification process, to be approved by the Community Development Director in consultation with the Police Chief. City Council Members and Planning Commissioners are informed of Minor Modification approvals, which have a ten-day appeal period from the approval date. Commissioner McGuire stated that he is not satisfied with the revised site plan and asked about the possibility of relocating the building to a different site location in order to separate the parking area from adjacent residents. Mr. Diamond said that although it is physically possible to relocate the building, it is not economically feasible for the applicant. He said the applicant worked diligently in order to address all concerns raised during the July 24 meeting, and that the approval of this project will be a big improvement on the proposed site which is currently a blighted area. Commissioner Schoales asked if a variance to reduce the required number of parking spaces was discussed with staff. He noted that most 7/11 stores have similar configurations, with parking toward the front of the site. Alan Paulson, applicant, 8761 Knott Avenue, Buena Park, CA 90620, said a variance to reduce parking spaces was not discussed with staff and that plan revisions as suggested would not be possible without jeopardizing the 7/11 lease. Commissioner Gonzales asked why the applicant is proposing to relocate the business to across the street from the current location. Mr. Paulson said the current site is not compliant with disability requirements and relocation to the proposed site would be more cost effective than renovations at the current site. Commissioner Capelle said hearing the neighbors opinions will help her decide on how to vote on the proposed project.

Minutes of the Planning Commission Meeting of August 14, 2013 Vol. 28 - Page No. 5536 Bev Campbell, 6901 Younger Drive, No. 35, Buena Park, CA 90620, said she lives in the building next to the proposed site. She said she does not recall the applicant saying that the bar would be open from 6 am to 2 am. Younger Drive is a cul-de-sac frequented by children. There is a baseball field at the end of the street where parents and children gather. The proposed bar is a safety and noise hazard. Robert P. Kari, 8941 Jefferson Drive, Buena Park, CA 90620, said he has lived in the area since the 1960s, managed a baseball team in the vicinity for 13 years, and is familiar with the park. There is a big parking lot on the other side of San Francisco Drive and children going to and from the park usually walk along San Francisco. Mr. Kari said the TomKat Lounge is a local bar where customers gather for entertainment and participation in charitable events. The proposed site has been a convenience store and carwash, with resulting noise impact on the surrounding neighborhood. The convenience store stopped selling gas in order to sell beer. People washing cars and trucks played loud music, even at night. The TomKat Lounge is a responsible business and gives back to the community. Commissioner Diep expressed approval of the proposed revisions by the applicant especially addition of the 8-ft. tall wall. She stated opposition to creating an alleyway behind the building, and that certain recommended changes are not economically feasible for the applicant. There were similar approved projects where business managers and neighbors managed to maintain cordial relations, especially when the businesses provided neighbors with contact info should problems arise, including one business which displayed contact info prominently on the site. In response to Commissioner Diep, Ms. Wallis confirmed that although typical business hours are 6 am to 2 am, the proposed resolutions require that uses follow all State and Federal laws but do not specify that alcohol cannot be served past 2 am and that the business needs to close at 2 am. Commissioner Schoales asked if TomKat Lounge has an entertainment permit. Ms. Wallis said that TomKat has been in existence for many years and has legal nonconforming status, but does not have an entertainment permit. Commissioner Schoales recalled that an entertainment permit was issued by the Police Chief. Ms. Wallis said the Police Department does not have a copy of an entertainment permit for TomKat. Commissioner Schoales said that many years ago, Conditional Use Permits were not required for businesses serving alcohol until a number of citizens complained before City Council about negative hazards caused by such businesses. He emphasized that City Codes are instituted to protect residents from surrounding businesses with negative impacts such as potential noise and safety hazards. Customers from the 7/11 store and bar who consume alcohol may pose safety hazards and it does not seem reasonable to sacrifice the safety of adjacent residents for the 7/11 store. Commissioner Schoales recommended that the security cameras condition be modified to require that camera recordings be maintained for 72 hours.

Minutes of the Planning Commission Meeting of August 14, 2013 Vol. 28 - Page No. 5537 Commissioner Capelle noted that the proposed relocation is for an existing business that will maintain its clients when it moves to its new location. She asked about any history of police calls-for-service at the current location. Ms. Wallis said Police Department does not consider the business to be a troublesome location based on their police call-for-service history which was not excessive. There being no one else wishing to speak on the matter, Chair Barstow closed the public hearing and advised that the item requires Resolutions for approval or denial with findings. Commissioner Capelle moved and Commissioner Diep seconded the motion to adopt the following titled Resolutions recommending Development Agreement No. DA13-002 and approval of Conditional Use Permit Nos. CU13-010 and CU13-011, with the staffrecommended modification to Condition No. 11 to CU13-010 and modification to Condition No. 6 to CU13-011 clarifying Code requirements for window signage and to allow for prerecorded music while maintaining restrictions on live entertainment, live bands and karaoke; requirement that surveillance cameras record and maintain imagery for 72 hours; and requirement that the bar/lounge close from 2 am to 6 am, and with the findings of fact and conditions listed therein. AYES: 5 COMMISSIONERS: Capelle, Diep, Chung, Gonzalez, and Barstow NOES: 2 COMMISSIONERS: McGuire and Schoales ABSENT: 0 COMMISSIONER: ABSTAIN: 0 COMMISSIONER: RESOLUTION NO. 5877 DEVELOPMENT AGREEMENT NO. DA13-002 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. DA13-002 CONCERNING THE CONSTRUCTION OF AN APPROXIMATELY 8,561 SQ. FT. NEW COMMERCIAL CENTER AND SITE IMPROVEMENTS AND THE RELOCATION AN EXISTING LEGAL NON- CONFORMING BAR/LOUNGE WITH SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR ON-SITE CONSUMPTION TO BE APPROVED UNDER A SEPARATE CONDITIONAL USE PERMIT ON PROPERTIES GENERALLY LOCATED AT 8761 KNOTT AVENUE (APN: 069-130-40 & 51) BUENA PARK, CALIFORNIA AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF BUENA PARK

Minutes of the Planning Commission Meeting of August 14, 2013 Vol. 28 - Page No. 5538 RESOLUTION NO. 5878 CONDITIONAL USE PERMIT NO. CU13-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF BUENA PARK APPROVE A REQUEST FOR ISSUANCE OF CONDITIONAL USE PERMIT NO. CU13-010, TO ESTABLISH A NEW 2,542 SQ. FT. CONVENIENCE STORE WITH THE SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION LOCATED AT 8761 KNOTT AVENUE (APN: 069-130-40 & 51) WITHIN THE CS (COMMUNITY SHOPPING) ZONE., AND MAKING FINDINGS IN SUPPORT THEREOF RESOLUTION NO. 5879 CONDITIONAL USE PERMIT NO. CU13-011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF BUENA PARK APPROVE A REQUEST FOR ISSUANCE OF CONDITIONAL USE PERMIT NO. CU13-011, TO ESTABLISH A NEW 2,141 SQ. FT. BAR/LOUNGE WITH ENTERTAINMENT AS WELL AS ON- SITE SALE AND CONSUMPTION OF BEER, WINE, AND DISTILLED SPIRITS WITH ASSOCIATED 1,750 SQ. FT. SECOND FLOOR PRIVATE OFFICE LOCATED AT 8761 KNOTT AVENUE (APN: 069-130-40 & 51) WITHIN THE CS (COMMUNITY SHOPPING) ZONE., AND MAKING FINDINGS IN SUPPORT THEREOF COMMUNITY DEVELOPMENT DEPARTMENT VIDEO Staff presented a video that was shown at a City Council meeting, featuring the Community Development Department. ORAL COMMUNICATIONS: None AGENDA FORECAST: A proposed new medical office resulting from renovation of the former Conroy s flower shop at Beach and Artesia Boulevards.

Minutes of the Planning Commission Meeting of August 14, 2013 Vol. 28 - Page No. 5539 STAFF REPORT: Mr. Rosen announced that City Council approved, at the August 13, 2013 meeting, the 30 th annual Korean Festival of Orange County and a contract with Aecom Engineering for improvements on Beach Boulevard. Mr. Rosen gave status updates on the Titanic and Bodies exhibits at the former Wax Museum site. COMMISSION REPORTS: Chair Barstow will be unable to attend the October 9 Planning Commission meeting. Commissioner Capelle will be unable to attend the October 23 Planning Commission meeting. ADJOURNMENT: At 8:25 p.m., Chair Barstow adjourned the meeting to the Planning Commission meeting on Wednesday, August 28, 2013, in the City Council Chamber. ATTEST: Larry Barstow Chair Joel W. Rosen, AICP Secretary

STAFF REPORT Planning Commission AGENDA ITEM NUMBER: 2 MEETING DATE: August 28, 2013 CASE NUMBER: Site Plan No. SP13-005 PROPERTY OWNER: Dr. Sally Kim / Beach Blvd 5730 Opportunities, LLC 5730 Beach Boulevard, Suite 201 Buena Park, CA 90621 APPLICANT: APPLICATION REQUEST: Dan Mac Lellan 22961 Triton Way, Suite G Laguna Hills, CA 92653 To convert a former flower shop into a medical office including three additions totaling 935 sq. ft. and site modifications PROPERTY LOCATION / APN: 5972 Beach Boulevard / 066-181-20 GENERAL PLAN / ZONING: Central Buena Park Mixed Use / CO (Commercial Office) LAND USE CHARACTERISTICS: The property is zoned CO (Commercial Office) and developed with the vacant former Conroy s flower shop building and associated site improvements. The property to the north is zoned CO and developed with a McDonald s Restaurant. The properties to the east are zoned CO and developed with three nonconforming single-family homes. The property to the south, across Artesia Boulevard, is zoned CG (Commercial General) and developed with a Carl s Jr. Restaurant. The property to the west, across Beach Boulevard, is zoned CO and developed with a Mobil gasoline service station. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Site Plan No. SP13-005 with findings of fact and conditions. AGENDA ITEM NO. 2

Planning Commission Staff Report Site Plan No. SP13-005 Page 2 APPLICATION ANALYSIS: Background: The property under application is located on the northeast corner of Beach and Artesia Boulevards with street frontages of 117 ft. along Artesia Boulevard and 131 ft. along Beach Boulevard, and a total land area of approximately 15,400 sq. ft. The property was developed with a 2,134 sq. ft. Conroy s flower shop in 1981 via Conditional Use Permit No. CU-762 which included parking lot and landscape improvements. The existing building currently maintains a 17 ft. wide nonconforming setback along Artesia Boulevard due to the construction of a designated right turn lane from Artesia Boulevard to Beach Boulevard. Proposal: The submitted application and plans propose to convert the former flower shop into a medical office including three additions totaling 935 sq. ft. and site improvements. The proposed additions to the existing building will include 406 sq. ft. to the north side of building, 435 sq. ft. to the east side of the building, and a new 94 sq. ft. entrance to the west side of the building facing Beach Boulevard. Once completed, the reconfigured building will maintain two offices, four exam rooms, optical area, waiting area, receptionist, and a variety of smaller rooms utilized for ophthalmologist/optometrist business operations. Architecturally, the proposed building remodel has been designed to reflect a contemporary office building design. The submitted plan indicates modified building façades with a variety of parapet wall heights designed to alter the building s massing and form while creating a new main entrance at the west elevation of the building. The enhanced building façades will primarily feature a smooth stucco finish with decorative reveals and new glass storefront window systems on the south and west elevations of the building. The submitted plans also indicate that the existing concrete tiled mansard canopy along the south and west elevations of the building will be transformed into a streamlined 2-6 wide decorative band element. Other building enhancements will include a new decorative tower feature at the southwest corner of the building and a dimensional parapet cornice treatment on all four elevations. Once completed, the renovated and expanded building will be painted a blue, grey, and white color scheme. Ingress and egress to the site will continue to be provided by one driveway along Artesia Boulevard and one driveway along Beach Boulevard. The existing parking lot will be reconfigured to accommodate the code prescribed 20 ft. long driveway entrance at each driveway. Once completed, the parking lot will be restriped to provide a total of 18 parking stalls which exceeds the minimum 15 parking stalls required by Code. Other site improvements include new drought tolerant landscape material along the street frontages and walkways around the building. A new trash enclosure will also be provided at the northeast corner of the site. AGENDA ITEM NO. 2

Planning Commission Staff Report Site Plan No. SP13-005 Page 3 Discussion: Section 19.128.040 of the City Code requires Planning Commission review and approval for the conversion of the former flower shop into a medical office including three additions and site modifications. In reviewing the applicant s request, staff reviewed plans and visited the site and surrounding area and is of the opinion that the facility and site are adequate to support the proposed architectural renovation and expansion of the proposed medical office building without negatively impacting the subject and surrounding properties. The proposed building renovation, with additions and site improvements, will increase the economic viability of the site and surrounding area, in compliance with City Code. The proposed building, with additions and site improvements, meet the requirements of the City Code including access, parking, circulation, landscaping, and architectural design, as conditioned. Once completed, the site will maintain a total of 18 parking stall, which exceeds the minimum 15 parking stalls required by Code. The two existing driveways will continue to provide appropriate access to the site and the new walkways will preserve pedestrian access on-site. The architectural design of the renovated and expanded building will complement newer commercial development in the area. However, staff notes that the renovated building will continue to maintain the existing nonconforming building setback along Artesia Boulevard. In regards to the architectural design of the renovated building, Staff feels that the proposal will provide an enhanced site image at a predominant corner within the community. The proposed building renovation with additions has been designed to successfully integrate the subject property into the surrounding commercial development pattern along Beach Boulevard. The proposed building renovation and expansion, with site improvements, will assist in advancing the long term vision for this area along Beach Boulevard as identified in the City s General Plan. ENVIRONMENTAL ASSESSMENT: The project is Class 1, Section 15301, categorically exempt from CEQA. PUBLIC HEARING NOTICES: No public hearing notice is required for this application. FINDINGS OF FACT: a. The proposed medical office building is consistent with the City s General Plan and Zoning Code, as conditioned. The proposal will increase the economic viability of the property while serving the medical needs of the surrounding community, in compliance with applicable standards of the zone. The medical office will be compatible with the existing commercial and office uses in the vicinity, as conditioned. AGENDA ITEM NO. 2

Planning Commission Staff Report Site Plan No. SP13-005 Page 4 b. The site arrangement and improvements will not be detrimental to the existing and intended character of the area as defined by the General Plan and the Zoning Ordinance since the property was planned for commercial development. The proposal will contribute to continued revitalization of the area. c. Since the proposed design and configuration of the medical office building is consistent with the prevailing commercial development pattern, property values will be conserved. d. The exterior design is in harmony with the architectural character of the area, and will contribute to enhanced architectural and site amenities. The proposed development will improve the aesthetic appearance of the area. e. The arrangement and design for pedestrian and vehicular traffic will continue to minimize congestion and protect pedestrian and vehicular safety. Prepared by: Michael Ressler, Senior Planner Approved by: Joel W. Rosen, AICP, Director of Community Development Presented by: Michael Ressler, Senior Planner ATTACHMENTS: 1. Proposed Resolution 2. Development Plans 3. Vicinity Map SRSP13-005 AGENDA ITEM NO. 2

RESOLUTION NO. SITE PLAN NO. SP13-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF SITE PLAN NO. SP13-005 TO CONVERT A FORMER FLOWER SHOP INTO A MEDICAL OFFICE INCLUDING THREE ADDITIONS TOTALING 935 SQ. FT. AND SITE MODIFICATIONS AT 5972 BEACH BOULEVARD WITHIN THE CO (COMMERCIAL OFFICE) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Dr. Sally Kim / Beach Blvd 5730 Opportunities, LLC, the property owner, 5730 Beach Boulevard, Suite 201, Buena Park, CA 90621, and Dan Mac Lellan, project proponent, 22961 Triton Way, Suite G, Laguna Hills, CA 92653, have filed an application for the issuance of Site Plan No. SP13-005 to convert a former flower shop into a medical office including three additions totaling 935 sq. ft. and site improvements at 5972 Beach Boulevard, Buena Park, California, in the County of Orange (APN: 066-181-20). Hereinafter in this Resolution, the subject Site Plan request is referred to as the application. (ii) On August 28, 2013, this Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Buena Park as follows: 1. The Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced hearing, including written staff reports, verbal testimony, and development plans stamped RECEIVED AUG 06 2013 PLNG. DIV., this Commission hereby specifically finds as follows: a. The proposed medical office building is consistent with the City s General Plan and Zoning Code, as conditioned. The proposal will increase the economic viability of the property while serving the medical needs of the surrounding community, in compliance with applicable standards of the zone. The medical office will be compatible with the existing commercial and office uses in the vicinity, as conditioned.

Resolution No. Site Plan No. SP13-005 August 28, 2013 b. The site arrangement and improvements will not be detrimental to the existing and intended character of the area as defined by the General Plan and the Zoning Ordinance since the property was planned for commercial development. The proposal will contribute to continued revitalization of the area. c. Since the proposed design and configuration of the medical office building is consistent with the prevailing commercial development pattern, property values will be conserved. d. The exterior design is in harmony with the architectural character of the area, and will contribute to enhanced architectural and site amenities. The proposed development will improve the aesthetic appearance of the area. e. The arrangement and design for pedestrian and vehicular traffic will continue to minimize congestion and protect pedestrian and vehicular safety. 3. The Planning Commission hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Class 1, Section 15301 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 AUG 06 2013 PLNG. DIV. as modified herein and 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: 1. Owner/Developer shall provide the Public Works Department with an Ownership Certificate for grading, prior to issuance of building permits. 2. New public improvements to include the following: A. Remove existing dustpan type driveway approach along the Beach Boulevard frontage and construct a curb return type driveway approach (minimum 25-feet wide) per City Std. 213. The work in the State right-of-way requires a permit from Caltrans. 3. A traffic impact fee is required and must be paid per City of Buena Park Resolution No. 9726. The traffic impact fee must be paid prior to occupancy of the building. 4. Applicant shall pay a sewer connection fee per the latest ordinance of the Orange County Sanitation District prior to occupancy of the building. Page 2

Resolution No. Site Plan No. SP13-005 August 28, 2013 5. All trash collection services needed during construction or after project completion shall be obtained from the City s authorized provider. 6. All fees, deposits and bonds associated with improvements required by the Public Works Department shall be paid prior to the issuance of permits for construction. 7. Before exercising any right or performing any obligation pursuant to any permit issued by the Public Works Department, the developer/contractor shall file with the City required insurance certificates. 8. Prior to final release of the project by the Public Works Department, or the refund of any cash deposits, the developer/contractor shall provide the City with a warranty bond to be held by the City for the period of one (1) year, for all public facilities and improvements. 9. Prior to grant of occupancy by the City or commencement of the approved use, these conditions and all improvements required by the Public Works Department shall be completed to the satisfaction of the City Engineer. BUILDING DIVISION: 1. The project shall comply with California Title 24 Accessibility requirements. 2. The project shall comply with the City of Buena Park Municipal Code Title 15, California Building Codes. 3. The applicant shall complete the City of Buena Park s Construction Site NPDES Certification Form prior to issuance of building and grading permits. 4. The construction plans require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect. PLANNING DIVISION: 1. This approval shall be to convert a former 2,134 sq. ft. flower shop into a medical office including three additions totaling 935 sq. ft. and site improvements at 5972 Beach Boulevard. The development shall substantially comply with the plans stamped "RECEIVED AUG 06 2013 PLNG. DIV.," except as modified herein. 2. Colors and materials used shall be generally consistent with plans submitted and stamped "RECEIVED AUG 06 2013 PLNG. DIV.," with design details and specifications for the following architectural amenities: a. Decorative tower element at the southwest corner of the building featuring glass storefront windows and dimensional cornice treatment Page 3

Resolution No. Site Plan No. SP13-005 August 28, 2013 b. Dimensional cornice treatment along the top parapet on all four elevations c. New glass storefront window system on the south and west elevations of the building d. Maximum 2-6 wide canopy band projection on the south and west elevations of the building e. Smooth plaster finish with decorative reveals on all four elevations of the building f. The entire building shall be painted a complementary color scheme Color and material samples shall be submitted to the Planning Division for approval prior to issuance of building permits. 3. The applicant shall demonstrate that proposed building materials, and other architectural/site features are rated for appropriate durability and longevity. In the event that said rating cannot be obtained, alternate materials shall be used under the direction of the Planning Division. 4. All building lighting shall be decorative and consistent with the building design. 5. All future signs shall comply with the City of Buena Zoning Ordinance and shall require separate approval by the Planning Division. All illuminated signs shall be designed to prevent glare upon the streets, walkways, and surrounding residential properties. 6. All parking areas and driveways shall be striped in compliance with Code Section No. 19.536.070F as shown on the approved plan. All parking areas serving commercial uses shall be striped with white double lines separating stalls, with minimum 4 in. wide stripes and a minimum 8 in. separation. Installation of speed bumps shall not be permitted within required fire lanes, access drives, or driveways of the proposed project without City approval. All landscaped areas shall be separated from adjacent vehicular areas by a masonry wall or portland cement concrete (p.c.c.) curb a minimum of 6 inches in height, or by p.c.c. or masonry walkway. It shall be the responsibility of the developer to submit to the Public Works Department such plans as are necessary to ensure the installation of curbs or walls do not detrimentally affect drainage. 7. All outdoor trash storage bins shall be screened from view by block trash enclosures. Such structures shall be designed in coordination with the architectural design of the building including materials and coloration, and painted to match the building. The final design and placement shall be subject to review and approval by the Planning Division, Building Division, and Fire Department. 8. No roof-mounted mechanical equipment shall be permitted. The installation and screening of air conditioning and similar equipment shall comply with existing design criteria and Section 19.544.020 of the City Code. Page 4

Resolution No. Site Plan No. SP13-005 August 28, 2013 9. Four sets of detailed landscaping/irrigation/sprinkler plans shall be submitted to the Planning Division for review and be approved prior to the issuance of building permits. Landscaping as approved and provided with an automatic and permanent sprinkler system shall be considered a part of this plan and shall be installed and maintained as a condition of the use. Landscaping shall include ground covers, min. 24 in. (min.) box trees, and five (5) gallon minimum size shrubs to complement the existing landscaping onsite. 10. All landscaping/irrigation/sprinkler plans shall comply with the City of Buena Park Water Efficiency Landscape Ordinance, Title 13, Chapter 13.30 of the Buena Park Municipal Code. 11. The proposed use shall maintain a business license as required by the Buena Park City Code. 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. This Site Plan may be revoked for any violation of or noncompliance with any of these conditions in accordance with Section 19.132.030 of the Zoning Ordinance. 14. Prior to final inspection and commencement of use, these conditions and all required improvements shall be completed to the satisfaction of the City. 15. The applicant shall indemnify, defend and hold harmless City, its officers, agents, and employees from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and al 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 5

Resolution No. Site Plan No. SP13-005 August 28, 2013 PASSED AND ADOPTED this 28th day of August 2013 by the following called vote: AYES: NOES: ABSENT: ABSTAINED: COMMISSIONER: COMMISSIONER: COMMISSIONER: COMMISSIONER: Larry Barstow 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 Site Plan No. SP13-005 and do agree that I/We shall conform with and abide by all such conditions. Date: Applicant s Signature Resp13-005 Page 6

City of Buena Park Planning Commission August 28, 2013 Site Plan No. SP13-005 Project Vicinity Map