NOTICE IS HEREBY GIVEN that the City Planning
Transcription
NOTICE IS HEREBY GIVEN that the City Planning
AGENDA Planning Commission MEETING DATE AND TIME: MEETING LOCATION: June 26, 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: Barstow, Capelle, Chung, Diep, Gonzales, Schoales, and McGuire 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 June 12, 2013 RECOMMENDED ACTION: Approve ==========================END OF CONSENT CALENDAR ========================= Planning Commission Agenda June 26, 2013 Page 2 NEW BUSINESS: PUBLIC HEARING: 2. CONDITIONAL USE PERMIT NO. CU13-008 A request to develop and operate a new and used automobile dealership with vehicle-related repair and servicing, tire sales and service, parts department, offices, showroom, outdoor display area, and sign program at 6165-6195 Auto Center Drive and 6261 Western Avenue in the ACSP (Auto Center Specific Plan) zone. PROPERTY OWNERS: Orange County Transit Authority 550 S. Main Street Orange, CA 92868 City of Buena Park 6650 Beach Boulevard Buena Park, CA 90622 3. APPLICANT: Argonaut Holdings, LLC c/o Fred Zehnder 515 Marin Street, Suite 211 Thousand Oaks, CA 91360 RECOMMENDED ACTION: Adopt Resolution of Approval CONDITIONAL USE PERMIT NO. CU13-009 A request to expand an existing service station convenience market to 1,530 sq. ft. including 215 sq. ft. addition and converting an 820 sq. ft. service bay and establishment of sale of beer and wine for off-site consumption with architectural and site improvements at 7760 Crescent Avenue within the CG (Commercial General) zone. PROPERTY OWNER: Jahanpanah Jahangiri 7760 Crescent Avenue Buena Park, CA 90620 APPLICANT: CJC Design, Inc. 140 N. Maple Street, Suite 101 Corona, CA 92882 RECOMMENDED ACTION: Adopt Resolution of Approval Planning Commission Agenda June 26, 2013 Page 3 PRESENTATION: COMMUNITY DEVELOPMENT VIDEO 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: pcag062613 Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. 5485 CITY OF BUENA PARK MINUTES OF CITY PLANNING COMMISSION June 12, 2013 The regular meeting of the Planning Commission of the City of Buena Park convened at 7:00 p.m. on June 12, 2013, in the City Council Chamber, 6650 Beach Boulevard, Buena Park, California with Chair McGuire presiding. PRESENT: COMMISSIONERS: Barstow, Capelle, Chung, Gonzales, Schoales, and McGuire ABSENT: Diep COMMISSIONER: ALSO PRESENT: Joel W. Rosen, AICP, Community Development Director Jay Saltzberg, Planning Manager Michael Ressler, Senior Planner Jennifer Wallis, Assistant Planner Craig Fox, Deputy City Attorney Suzanne Davis, Senior Secretary CONSENT CALENDAR: (Item 1) 1. APPROVAL OF MINUTES - Meeting of May 8, 2013 Meeting of May 22, 2013 (Adjourned Meeting) RECOMMENDED ACTION: Approve The MOTION CARRIED unanimously. ======================= END OF CONSENT CALENDAR==================== NEW BUSINESS: PUBLIC HEARING: 2. CONDITIONAL USE PERMIT NO. CU04-008M1 A request for modification to an existing Conditional Use Permit to establish body and paint operations within an existing auto service center, including minor building modifications at 6920 Stanton Avenue within the CM (Commercial Manufacturing) zone. PROPERTY OWNER: House of Imports, Inc./Autonation st 200 SW 1 Avenue, Suite 1400 Fr. Lauderdale, FL 33301 APPLICANT: Stantec Architecture c/o Larry Tidball 38 Technology Drive Irvine, CA 92616 Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. 5486 In reply to Chair McGuire, Ms. Davis stated that staff had received no written communication on the item. The staff report was introduced by Michael Ressler, Senior Planner. The subject property is zoned CM (Commercial Manufacturing) and developed with an industrial building operating as an off-site associated automobile service center for the House of Imports dealership. The property to the north is zoned CM and operates as Evergreen Storage. The properties to the east are zoned RS-6 (One-Family Residential) and developed with single-family residences. The property to the south is zoned CM and operates as A1 Transmission. The property to the west, across Stanton Avenue, is zoned CM and developed with a multitenant industrial complex. Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU04-008M1 with the findings of fact and conditions listed therein. The property under application is located on the east side of Stanton Avenue, north of Orangethorpe Avenue. The property maintains a street frontage of 205 ft. and a total area of approximately 1.86 acres. The property is developed with a 43,710 sq. ft. industrial building located along the north property line with 65 parking stalls located to the south and in front of the building. The Planning Commission approved the existing building in June 1963 under Conditional Use Permit No. CU-75. The property is accessed by a 31.5 ft. wide two-way driveway at the southwest corner of the property with a 20 ft. wide one-way, exit only driveway at the northwest corner of the property. Landscape improvements include a 10 ft. front setback along Stanton Avenue, foundation planting along the front elevation of the building, and a 10 ft. landscape buffer adjacent to the rear property line shared with the residential properties to the east. The building maintains an exterior loading dock located on the south elevation which is secured by a block wall with wrought iron rolling gate that spans from the southwest corner of the building to the south property line. On March 10, 2004, the Planning Commission approved Conditional Use Permit No. CU04008 to establish an off-site associated automobile service center for the House of Imports dealership within the industrial building. The interior of the existing concrete block building was reconfigured to maintain approximately 3,250 sq. ft. of office space, restroom facilities, and the remainder of the building maintains 50 new service stalls and equipment storage areas. The service center is only used to supplement vehicle maintenance and service performed at the House of Imports dealership. The off-site facility is only used by Mercedes technicians and no customers visit the site. Service hours for the facility are Monday through Friday 7:00 A.M. to 8:00 P.M. The submitted application and plans propose establishment of body and paint operations within the existing House of Imports dealership off-site automobile service center including minor building modifications. The proposed paint and body operations will only be used in association with the House of Imports dealership. All vehicles will be transported to the new facility for service and returned to the House of Imports dealership. The off-site body and paint facility will only be used by Mercedes technicians and no customers will visit the site. In order to sustain the new operations, the existing 43,710 sq. ft. building will be reconfigured to accommodate the existing 3,250 sq. ft. of office space and restroom facilities, 23 existing service stalls, 22 new body shop stalls, and an approximately 6,800 sq. ft. paint and preparation area at the rear of the building. The proposed new paint and preparation area will include approximately 1,800 sq. ft. of preparation area, 2,800 sq. ft. of Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. 5487 wash area, and two paint booths. In order to accommodate the new circulation pattern within the building, the plans also propose installation of a metal roll up door at the southeast corner of the building. No additional building area is proposed. The City of Buena Park Zoning Ordinance requires Planning Commission review and approval via the Conditional Use Permit process to establish body and paint operations within the existing House of Imports dealership automobile service center. In reviewing the application, Staff visited the site and surrounding area and is of the opinion that the proposed use will not have a detrimental effect on the surrounding properties, as conditioned. The subject property is located within an established commercial/industrial area that has been developed with industrial uses of similar intensity and character to the use proposed by the applicant. The property will meet all applicable development standards including parking, circulation, access, buffering, and separation, as conditioned. The property maintains a 26 ft. separation between the industrial building on-site and the east property line that abuts the adjacent residentially zoned properties. Within this separation, the property maintains the required 10 ft. wide landscape planter with mature screen trees and a 6 ft. tall concrete block property line wall. No building openings face the adjacent residential property, other than the emergency exit. Since the existing and proposed loading doors face the south property line, service center operations including body and paint within the building will be properly oriented away from the adjacent residents. Based on the combination of the building orientation and the existing required landscape setback, staff feels that the site is sufficiently separated by distance and buffered with mature trees to protect the adjacent residentially zoned properties. To insure compatibility with surrounding uses, staff has included conditions that regulate outdoor activities, operations, and storage. 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 May 30, 2013, and 38 notices were mailed to property owners within a 300 ft. radius of the subject property on May 30, 2013. Chair McGuire asked if there were any questions of staff. Commissioner Gonzales inquired if the paint booth area will be equipped with an air filter system for the painting operation and whether AQMD approval is required. Mr. Ressler stated that the applicant must comply with all AQMD requirements. The applicant submitted the list of AQMD requirements for the installation and operation of the paint booth area. The applicant will be required to submit for AQMD approval during the building plan check process. Chair McGuire 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. Larry Tidball, Stantec Architecture, applicant, 38 Technology Drive, Irvine, CA 92616 stated the he had no questions or concerns regarding the conditions of approval. In response to Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. 5488 Commissioner Gonzalez, Mr. Tidball said the project includes an air intake and down draft filtration system in the paint booth that filters and captures particulate matter and an exhaust system to filter fumes and particulates generated by the paint booth operation as required by AQMD. Chair McGuire asked if the facility will maintain hazardous materials Mr. Tidball stated that paint materials and motor oil used by the auto repair business that is currently operating will remain on the site. These materials are classified as hazardous or flammable materials and regulated by Orange County Fire Authority. A list of hazardous materials will be submitted to the Fire Authority as part of the building plan check process. Management and quantities of each material are based on the building height and occupancy. There being no one else wishing to speak on the matter, Chair McGuire advised that the item requires a Resolution for approval or denial with findings. Commissioner Capelle moved and Commissioner Schoales seconded the motion to adopt the following titled Resolution recommending Conditional Use Permit No. CU04-008M1 with findings of fact and conditions therein. AYES: 6 COMMISSIONERS: NOES: 0 COMMISSIONER: ABSENT: 1 COMMISSIONER: ABSTAIN: 0 COMMISSIONER: Capelle, Schoales, Barstow, Chung, Gonzalez, and McGuire Diep RESOLUTION NO. 5871 CONDITIONAL USE PERMIT NO. CU04-008M1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF CONDITIONAL USE PERMIT NO. CU04-008M1, TO ESTABLISH BODY AND PAINT OPERATIONS WITHIN AN EXISTING AUTOMOBILE SERVICE CENTER INCLUDING MINOR BUILDING MODIFICATIONS AT 6920 STANTON AVENUE WITHIN THE CM (COMMERCIAL MANUFACTURING) ZONE , AND MAKING FINDINGS IN SUPPORT 3. CONDITIONAL USE PERMIT NO. CU13-007 A request for an Entertainment Permit to establish live entertainment, including music, dancing, and karaoke, at an existing hookah lounge within a multi-tenant commercial development at 8558 Beach Boulevard within the CG (Commercial General) zone. Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. PROPERTY OWNER: Samsung Development Company, Ltd. 655 Keeaumoku Street, Suite 202A Honolulu, HI 96814 APPLICANT: La Capitaine Hookah Lounge c/o Hathal Mohammad 8558 Beach Boulevard Buena Park, CA 90620 5489 In reply to Chair McGuire, Ms. Davis stated that staff had received no written communication on the item. The staff report was introduced by Jennifer Wallis, Assistant Planner. The subject property is zoned CG (Commercial General) and is developed with an integrated commercial center that includes a restaurant building and two multi-tenant commercial buildings. The property is part of an integrated development with the two adjacent parcels developed with Carrow’s Restaurant and Millennium Clothing. The property to the north is zoned CG and is developed with the BestHost Inn. The properties to the east, across Stanton Avenue, are zoned CG and are developed with the Days Inn Motel and the Dorado Senior Apartments. The properties to the south are zoned CG and are developed with a multi-tenant commercial building. The properties to the west, across Beach Boulevard, are zoned CG and RS-6 (One Family Residential) and are developed with the Walgreens pharmacy and single family homes. Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU13-007 with the findings of fact and conditions listed therein. The integrated development under application is generally located within the triangle between Beach Boulevard, Stanton Avenue and Crescent Avenue, with street frontages of 550 ft. along Stanton Avenue and 750 ft. along Beach Boulevard, and a total land area of 4.2 acres. In 1967, the Planning Commission approved Variance No. V-525, to establish the Firestone building within an existing integrated center with reduction in required parking for the integrated development. The variance allowed for reduction of 22 parking spaces. The integrated center was later divided into three individual parcels which are required to maintain reciprocal access, parking and circulation agreements. The three parcels comprising the integrated center are separately owned. The individual property under application is developed with an approximately 17,267 sq. ft. multi-tenant building, a 3,876 sq. ft. restaurant building and the 10,336 sq. ft. multi-tenant building, formerly Firestone building. The separately owned Millennium Clothing and Carrow’s (future Farrell’s) Restaurant properties are not part of this application. On October 14, 2009, the Planning Commission approved Site Plan No. SP09-017 to renovate a portion of the multi-tenant center to include building, parking, and landscape improvements. The individual tenant area under application is approximately 3,090 sq. ft. and is located in the center of the approximately 17,267 sq. ft. multi-tenant building toward the north property line. In December 2012, La Capitaine Hookah Lounge established business operations as a tobacco lounge which serves non-alcoholic beverages as an automatically permitted use with restrictions prohibiting live entertainment and dancing. The lounge maintains approximately 100 seats and provides a social setting in which patrons can purchase Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. 5490 flavored tobacco to be smoked from a hookah, also known as a water pipe. La Capitaine currently maintains hours of operation from 6:00 p.m. to 2:00 a.m. Sunday through Thursday and 8:00 p.m. to 4:00 a.m. on Fridays and Saturdays and employs two (2) licensed security guards during hours of operation. Based on the requests by lounge guests, the business owner is proposing to establish live entertainment within the hookah lounge which requires a Conditional Use Permit. The submitted application and plans propose live entertainment including karaoke, Disc Jockey’s, dancing, comedy shows and bands, within the existing 3,090 sq. ft. hookah lounge. As indicated in the attached business plan, the applicant is requesting an Entertainment Permit for entertainment between 8:00 p.m. to 2:00 a.m. Sunday through Thursday and 8:00 p.m. to 4:00 a.m. on Fridays and Saturdays. Entertainment will consist of DJ’s providing music for dancing at the lounge as well as karaoke, comedy shows and the occasional band. Dancing will take place in an area centrally located within the hookah lounge and will be limited to 400 sq. ft. All live entertainment, such as bands and comedy acts, will occur in a performance area along the east side of the hookah lounge. The submitted application indicates that bands will be limited to 4 members. Per the submitted application, all requests for live entertainment outside of the permitted times will be submitted to the Community Development Director a minimum of seven (7) days prior to the date of the performance provided that the maximum number of such events will not exceed thirty (30) events per year. The lounge currently employs two (2) licensed security guards during hours of operation. The lounge is also equipped with closed circuit security cameras inside and outside of the tenant space. The property owner also maintains additional security cameras on-site. The applicant will continue to provide the existing security measures as part of this application. Section 19.512.010 of the Zoning Code requires Planning Commission review and approval for entertainment uses within the existing establishment via the Conditional Use Permit process. Pursuant to the City Code Section 5.24.020, no person or business entity shall operate, conduct or manage any place or premises open to the public where any form of entertainment is provided or furnished, without first obtaining an annual Entertainment Permit. In reviewing the applicant’s request, staff reviewed the submitted plans and business plan, visited the site and the surrounding business within the area, and is of the opinion that the proposed entertainment use can be accommodated without negatively affecting the subject or surrounding businesses. Since the hookah lounge is located toward the interior of an integrated shopping center, surrounded by Beach Boulevard and Stanton Avenue, staff feels that there is adequate separation from the nearest single-family residential neighborhood, located to the west across Beach Boulevard. Additionally, Staff feels that the lounge with proposed entertainment is at an appropriate scale to achieve consistency with the existing and intended commercial and entertainment related uses in the area as envisioned within the original land use approval for the property. Staff has also included a condition within the attached resolution that requires the lounge and incidental entertainment uses to maintain noise levels in compliance with the City Noise Ordinance and not negatively affect surrounding properties. In regards to live entertainment and DJ lounge music, staff does support the request based on the scope of the music and entertainment. Prerecorded DJ music is typical within a hookah lounge and imposes no impacts to the establishment and surrounding properties if operated in accordance with Code requirements. The proposed live entertainment will be Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. 5491 limited based on performance characteristics and the limited size of a dance floor within the lounge floor plan design, as conditioned. Live entertainment and dancing will be incidental to the hookah lounge operations and only be allowed during regular hours of operation, subject to approval of an Entertainment Permit. Staff has included a condition requiring the applicant to obtain annual Entertainment Permits through the Community Development Department and Police Department which will detail all proposed entertainment types to be approved with associated restrictions. However, Planning Staff and the Police Department do not support the extended hours of operation until 2:00 a.m. Sunday through Thursday and 4:00 a.m. on Fridays and Saturdays. The lounge is located near surrounding residential properties and directly abuts the BestHost Inn. The extended hours have generally not been permitted for similar uses as well as new restaurants without first going through a trial period with restricted hours of operations in order to demonstrate the use will not lead to other problems, impacting the adjacent properties. A condition has been included within the attached Resolution which limits the hours of operations to 12:00 a.m. Sunday through Thursday and 2:00 a.m. Friday and Saturday. After a six month review of the business operations, the Community Development Director, with coordination from the Police Department, may extend the hours via the Minor Modification of Conditions process. The subject property is located within the Entertainment Corridor Focus Area in the City’s General Plan which is envisioned as a mix of entertainment, world-class shopping, excellent dining, and high quality civic spaces are intended to create a regional destination where visitors can patronize local attractions without leaving the Entertainment Corridor. The themed hookah lounge creates a unique entertainment and socialization option near the City’s entry just outside of the Entertainment Corridor which is an amenity for tourists as well as the surrounding community. The proposed entertainment uses will increase market potential for tourists while support nearby hotels and other entertainment attractions. 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 May 30, 2013, and 21 notices were mailed to property owners within a 300 ft. radius of the subject property on May 30, 2013. Chair McGuire asked if there were any questions of staff. Commissioner Schoales stated concerns regarding the original business license conditions included within Attachment 4 and accepted by the applicant. He referred to Condition #1 requiring that the business be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in Labor Code section 6404.5 and inquired about the regulations and exemptions within that Code section and whether the business met those requirements. He also questioned whether entertainers and musicians were considered employees under the Code section. Commissioner Schoales also expressed concern that late hours and entertainment may attract a questionable clientele to the business creating additional noise in the area. He suggested an initial trial period for entertainment with only comedians and magicians. . He said that the hours for entertainment should be limited due to the proximity of the adjacent motel. He expressed concern about the business circumventing the State Labor Code prohibiting smoking in the suite as well as the potential for excessive occupancy. Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. 5492 Ms. Wallis indicated she was not familiar with the specific State Labor Code laws regarding smoking in businesses but confirmed with Mr. Fox that conditions have been included within the Resolution that require the applicant to meet all State and Federal laws. The proposed conditions of approval are consistent with similar entertainment approvals, including Golden Nights and Torch Restaurants. Mr. Fox confirmed that there are exemptions within State law that allow smoking in hookah lounges and cigar bars. Mr. Rosen clarified that the submitted floor plan has been reviewed and conditioned to limit the size and area permitted for dancing and entertainment and is not permitted to exceed the occupancy permitted by Code. Chair McGuire 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. Gene Otondo, consultant for the applicant, stated that records show that in the first seven months of operation with extended hours there were no reported incidents. The business clientele is primarily younger, but patrons must be at least 18, which is the minimum age for smoking. There is no sale of alcohol, which would promote a different dynamic from a typical bar or lounge. In order to be competitive within Buena Park, as an entertainment City, the applicant needs a small dance floor and the ability to offer entertainment. The applicant is willing to provide a noise meter to monitor and verify compliance with the City Noise Code throughout the night both inside and outside of the building. As a compromise between the applicant’s original request for extended hours and the City’s conditions restricting operations, the applicant is proposing the Commission consider restricting entertainment to 12:00 a.m. Sunday through Thursday and 2:00 a.m. Friday and Saturday but allowing business operations to continue until 2:00 a.m. Sunday through Thursday and 4:00 a.m. Friday and Saturday In response to Commissioner Chung, Mr. Otondo said that the business creates a social situation for young people who are in school or work during the day or early evenings and generally tend to begin their recreation and socializing later in the evening. He described a “hookah” as a water pipe with individual hoses. Various tobacco flavors are offered for sale and on-site smoking with the hookahs being provided. Commissioner Schoales said that despite lack of approved alcohol sales, patrons may illegally sneak alcohol into the establishment. He expressed concern about the hookah lounge becoming a dance club. Mr. Otondo said he used to own a bar in Belmont Shore and proper management is essential. The lounge provides entry screening and patrons found to possess alcohol aren’t admitted. He said the type of music played determines the type of people attracted to the lounge and the correct type of entertainment attracts a proper clientele. Lack of alcohol also contributes to a better atmosphere. Doors will be kept closed to eliminate noise impacts. Commissioner McGuire said that noise associated with the hookah lounge could interfere with the success of the new BestHost Inn and nearby businesses. He noted the rear door to the suite facing the motel which, if left open, could disturb motel guests and potentially Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. 5493 compromise safety during late hours. He suggested limiting entertainment to 10 PM for an introductory 6 month period before further review of proposed late hours of operation. . Mr. Rosen indicated he is unaware of any problems caused by the hookah lounge since beginning operation. He also clarified that Planning Division condition #13 requires that entrance /exit doors be kept closed at all times, with hardware for emergency exiting, and restricted to employee entrance and exit only with signage indicating no patrons shall enter or exit except for emergency. Michael Reazuddin, operator of the BestHost Inn, described his biggest concern as potential for excessive exterior sound levels affecting the motel guests and whether the lounge can limit noise to within their building. He also expressed concern about late hours of operation and hookah lounge patrons lingering in his parking lot. He said he has not had any specific problems with the operation of the hookah lounge since he assumed control of motel operations 3 to 4 months ago. Commissioner Capelle asked Mr. Reazuddin whether he was concerned about his ability to attract families to his motel given the proposed late hours of hookah lounge operation. Commissioner Barstow expressed concern that the preference of young people patronizing the hookah lounge for loud music could negatively affect motel guests and that entertainment until 4 AM is excessive. There being no one else wishing to speak on the matter, Chair McGuire advised that the item requires a Resolution for approval or denial with findings. Commissioner Capelle moved and Commissioner Barstow seconded the motion to adopt the following titled Resolution recommending Conditional Use Permit No. CU13-007 with findings of fact and conditions therein, with the following revisions: a. All live entertainment shall cease and not exceed the hours of 12:00 a.m. Sunday through Thursday, and 2:00 a.m. Friday and Saturday but closing hours of operation may extend but not exceed 2:00 a.m. Sunday through Thursday, and 4:00 a.m. Friday and Saturday. b. A status report, including Police calls for service as well as relevant information available from the adjacent motel operator shall be presented to the Planning Commission six months and twelve months after Planning Commission approval. c. Exterior doors to remain closed at all times. AYES: 5 COMMISSIONERS: Capelle, Barstow, Chung, Gonzalez, and McGuire NOES: 1 COMMISSIONER: Schoales ABSENT: 1 COMMISSIONER: Diep ABSTAIN: 0 COMMISSIONER: Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. 5494 RESOLUTION NO. 5872 CONDITIONAL USE PERMIT NO. CU13-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF CONDITIONAL USE PERMIT NO. CU13-007 TO ESTABLISH LIVE ENTERTAINMENT, MUSIC, DANCING AND KARAOKE AT AN EXISTING HOOKAH LOUNGE WITHIN A MULTI-TENANT COMMERCIAL DEVELOPMENT LOCATED AT 8558 BEACH BOULEVARD WITHIN THE CG (COMMERCIAL GENERAL) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF 4. TEXT AMENDMENT NO. C13-001 A request to consider a recommendation to the City Council for a Text Amendment to amend Section 19.308.030 and Table 19.312.010, and add Section 19.348.070 to Division 3, amend Section 19.408.030 and Table 19.412.010, and add Section 19.448.070 to Division 4, and amend Table 19.512.010 and add Section 19.552.120 to Division 5 of Title 19 of the Buena Park Municipal Code pertaining to Emergency Shelters, Transitional and Supportive Housing and Affordable Housing Incentives as required by State Law. The project proponent is the City of Buena Park. PROPERTY PROPONENT: City of Buena Park 6650 Beach Boulevard Buena Park, CA 90622 In reply to Chair McGuire, Ms. Davis stated that staff had received no written communication on the item. The staff report was introduced by Jennifer Wallis, Assistant Planner. Staff recommends that the Planning Commission adopt the proposed Resolution recommending that the City Council approve Text Amendment No. C13-001. The City is periodically required to update the Zoning Ordinance to comply with State laws. The purpose of the proposed Text Amendment is to update the City’s Zoning Ordinance to reflect current State laws regarding zoning for Emergency Shelters, Transitional and Supportive Housing (SB 2), and Affordable Housing Incentives (SB 1818). Although Buena Park has complied with state law SB1818 on an individual project basis and has not received an application under SB 2 provisions, the State requirements have not been codified. This proposed Text Amendment will codify the requirements of applicable State law. Senate Bill 2 (SB 2) (2007) requires local jurisdictions to identify the zone or zones where transitional and supportive housing as well as emergency shelters are permitted by right. State law requires that supportive and transitional housing be considered as residential use of property, subject only to restrictions applicable to other residential dwellings in the same zone. Supportive housing is permanent rental housing designed to provide residents with a stable living environment. Transitional housing is a specific type of Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. 5495 supportive interim housing to facilitate movement of homeless individuals and families to permanent housing. Currently, staff has interpreted transitional housing and other types of supportive housing as residential uses. However, these uses are not specified as automatically permitted residential uses within the Zoning Ordinance. The City has previously approved a transitional housing development with a Development Agreement. SB 2 also requires local jurisdictions to permit Emergency Shelters by right in at least one zone. Emergency Shelters may be subject to development and management standards that apply to residential and commercial development within the same zone. Emergency Shelters are not currently listed in the permitted use chart within the Zoning Ordinance. However, an emergency shelter has been previously approved as “group quarters” in conjunction with the First Southern Baptist Church of Buena Park. Senate Bill 1818 (SB 1818) requires cities and counties modify previously State-mandated “density bonus” zoning incentives for affordable housing developments. The changes in the law reduced the amount of affordable units that a developer must provide to receive a density bonus and required cities and counties to provide certain development concessions or incentives, depending upon the percentage of affordable units provided. The State also imposed a new land donation rule and statewide parking standards. Municipalities can adopt zoning regulations to allow increased housing density above the density permitted by zoning for a site in exchange for provision of affordable housing consistent with state law, but cannot establish ordinances that are less than the standards established in the Government Code. The objective of SB 1818 is to encourage developers to build affordable housing by requiring local governments to provide development incentives. A density bonus is defined as an increase of 20 to 35 percent over the maximum allowable residential density under the applicable zoning and General Plan designations. There are five components to SB 1818: (1) density bonus for affordable housing developments that meet prescribed affordability levels, (2) development incentives or concessions, (3) waiver of development standards, (4) imposition of maximum parking requirements, and (5) bonuses for land donation or childcare facilities. Units for low or very low income must be income restricted for a minimum of 30 years. In the case of for sale moderate income units, the initial occupant must meet income qualifications. However, when sold, the seller of the unit retains the value of any improvements, the down payment, and the seller's proportionate share of the appreciation. The unit generally then becomes a market rate home. On January 12, 2013, the Emergency Shelter requirements of SB2 were presented to the City Council in Study Session. Council directed Staff to prepare a Text Amendment to allow emergency shelters “by right” in commercial zones with specific development and operating standards. State law now requires that transitional housing and supportive housing be considered as residential uses of property, and subject only to those restrictions that apply to other similar residential dwellings in the same zone. Therefore, transitional and supportive housing are being included within the permitted use charts within the Single Family and Multifamily zones to be processed consistent with similar permitted residential uses. As proposed, emergency shelters are only permitted in commercial zones and are prohibited in residential zones unless incidental to a religious facility. With the passage of Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. 5496 SB 2, cities must automatically allow homeless shelters in at least one zone, and automatically allow transitional and supportive housing in residential zones. To comply with State law, the City’s current zoning standards must be amended to allow automatic approval. State law allows for specific development and operating standards for emergency shelters in addition to requiring automatic approval (i.e “by right”). Proposed development and operating standards for emergency shelters are proposed including maximum number of beds for persons permitted to be served nightly, requirements for off-street parking, size and location of on-site waiting and client intake areas, provision for on-site management, proximity to other emergency shelters, length of stay, lighting, security during hours that the shelter is in operation, occupancy and income restrictions, minimum room sizes, and open space requirements. The proposed Code Amendment will permit Emergency Shelters by right with up to 30 occupants in the Commercial Office (CO), Commercial General (CG), Community Shopping (CS) and Commercial Manufacturing (CM) zones and by Conditional Use Permit with occupants greater than 30 in those zones. Emergency Shelters will be prohibited in all residential zones unless incidental to a religious facility which requires a Conditional Use Permit. The proposed Text Amendments will be consistent with the City’s General Plan, including the Housing Element Update currently in progress. The City’s Housing Element update will not be approved by the State without these zoning amendments in place. Staff has conferred with City Attorney and the City’s Housing Element Consultant expert in drafting the amendments. This project is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on May 30, 2013 and published in the Buena Park Independent on May 31, 2013. Chair McGuire asked if there were any questions of staff, with no response. Chair McGuire 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 McGuire closed the public hearing and advised that the item requires a Resolution for approval or denial with findings. Commissioner Capelle moved and Commissioner Gonzalez seconded the motion to adopt the following titled Resolution recommending Text Amendment No. C13-001 with findings of fact and conditions therein. AYES: 6 COMMISSIONERS: NOES: 0 COMMISSIONER: ABSENT: 1 COMMISSIONER: ABSTAIN: 0 COMMISSIONER: Capelle, Gonzalez, Barstow, Chung, Schoales and McGuire Diep Minutes of the Planning Commission Meeting of June 12, 2013 Vol. 28 - Page No. 5497 RESOLUTION NO. 5873 TEXT AMENDMENT NO. C13-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 19.308.030 AND TABLE 19.312.010, AND ADDING SECTION 19.348.070 TO DIVISION 3, AMENDING SECTION 19.408.030 AND TABLE 19.412.010, AND ADDING SECTION 19.448.070 TO DIVISION 4, AND AMENDING TABLE 19.512.010 AND ADDING SECTION 19.552.120 TO DIVISION 5 OF TITLE 19 OF THE BUENA PARK MUNICIPAL CODE PERTAINING TO EMERGENCY SHELTERS, TRANSITIONAL AND SUPPORTIVE HOUSING, AND AFFORDABLE HOUSING INCENTIVES AS REQUIRED BY STATE MANDATES ORAL COMMUNICATIONS: None AGENDA FORECAST: Conditional Use Permit to establish the sale of beer and wine with remodel and expansion of an existing service station convenience market at 7760 Crescent Avenue in the CG (Commercial General) zone. Conditional Use Permit to develop a new and used automobile dealership to include a showroom, outdoor display area, and automobile service center at the southwest corner of Auto Center Drive and Western Avenue in the ACSP (Auto Center Specific Plan) zone. STAFF REPORTS: None COMMISSION REPORTS: None ADJOURNMENT: At 8:15 p.m. Chair McGuire adjourned the meeting to the Planning Commission meeting on Wednesday, June 26, 2013, in the City Council Chamber. ______________________________ Richard McGuire Chair ATTEST: __________________________ Joel W. Rosen, AICP Secretary MEETING DATE: STAFF REPORT Planning Commission REPORT REPORT 2 REPORT June 26, 2013 CASE NUMBER: Conditional Use Permit No. CU13-008 PROPERTY OWNER: Orange County Transit Authority 550 S. Main Street Orange, CA 92868 AGENDA ITEM NUMBER: City of Buena Park 6650 Beach Blvd. Buena Park, CA 90622 APPLICANT: Argonaut Holdings, LLC Fred Zehnder 515 Marin Street, Suite 211 Thousand Oaks, CA 91360 APPLICATION REQUEST: A request to develop and operate a new and used automobile dealership including vehicle repair and service, tire sales and service, parts department, offices, showroom, outdoor display area, and sign program PROPERTY LOCATION : 6165-6195 Auto Center Drive/6261 Western Ave. GENERAL PLAN/ZONING DESIGNATIONS: COMMERCIAL/ACSP (AUTO CENTER SPECIFIC PLAN) LAND USE CHARACTERISTICS: The subject properties are vacant. The properties to the North are zoned ACSP and are primarily vacant, but used for new car storage, and also includes the building formerly occupied by Park Auto Glass. The properties to the east are zoned ACSP and developed commercially. The properties to the west are zoned ACSP and developed with the Carmax automobile dealership. To the south is the Santa Ana (I-5) Freeway. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU13-008 with the findings of fact and conditions listed therein. AGENDA ITEM NO. 2 Planning Commission Staff Report Conditional Use Permit No. CU13-008 Page 2 Background: The subject properties will comprise an irregularly shaped site with a total of approximately 2.95 acres located southwest of Auto Center Dr. and Western Ave. with street frontages of approximately 610 ft. and 135 ft. respectively. Portions of the subject site were previously developed with commercial and industrial uses, including Ozz Restaurant, The Villa Motel, Verne’s Welding, and Frank’s Automotive, as well as a former public street, Mission St. All the above ground improvements have been removed and the site is vacant. Portions of the properties and the former public street were incorporated into the widened and reconfigured I-5 Freeway. Properties residual to the freeway widening were acquired by the former City Redevelopment Agency. In addition, Orange County Transit Authority (OCTA) is selling properties residual to the freeway widening to the City’s Successor Agency to allow site consolidation and sale to the applicant for development of the new automobile dealership. The dealership has been operating as Premier Chevrolet at 6692 Auto Center Drive since September 2012 and will relocate to the site when construction is complete. On April 10, 2012, the City Council approved Specific Plan Amendment No. SPC12-001 amending the Auto Center Specific Plan to change the Sub-District classifications from A-3 to A-1 for ACSP properties generally located on the west side of Western Ave. between Artesia Blvd. and Interstate 5 Freeway as well as minor modifications to the “Permitted Uses” in SubDistrict A-1. The purpose of the Amendment was to provide further direction for preferred development and land use of the former Redevelopment Project Area properties and coordinate with City marketing and revitalization efforts for the ACSP area. As prescribed in the General Plan, the Auto Center Specific Plan was originally adopted in 1997 to encourage new dealerships and coordinate continuing expansion of existing auto dealers concentrated adjacent to the I-5 Freeway. The primary objective was to create a regional auto center, based on superior accessibility and visibility, with design components to unify the Auto Center image while providing the opportunity for expression of individual dealership identity. Proposal: The submittal and plans propose development and operation of a 40,572 sq. ft. new and used automobile dealership, including vehicle and related servicing and repair, sales showroom, parts department, administrative and sales offices, outdoor display area, and associated signs. The building will be adjacent to Auto Center Drive within the northwest portion of the site, with the rear of the building facing the I-5 Freeway. The remainder of the site will be primarily for inventory display as well as employee and customer parking for a total of 205 spaces. Vehicle access will be provided from three driveways along Auto Center Drive, including a service access driveway directly into the building and vehicle circulation around the building. The main pedestrian entry to the building will be from the east parking field, adjacent to the customer parking area. Landscape setback improvements along Auto Center Drive and Western Avenue will include groupings of palms, flowering shrubs, groundcover, and turf as well as the signature “Buena Park Auto Center” raised concrete vehicle display pads and signs. Display vehicles will also be featured along the Auto Center Drive building elevation. Trees will be located within the vehicle inventory display and customer parking area. Preliminary sign concept designs have been included, including freeway pylon and wall signs, for subsequent review and approval by staff. A new decorative 8 ft. tall perimeter block wall, adjacent to the Carmax dealership to the west, and site lighting system will be provided. AGENDA ITEM NO. 2 Planning Commission Staff Report Conditional Use Permit No. CU13-008 Page 3 The separate showroom and service department components of the building will be connected by a covered vehicle entry driveway. Showroom first floor functions include car display, offices, restrooms, and waiting area with second floor functions including administrative offices and breakroom. The Service Department includes 23 automobile service bays as well as wash and detail bays as well as parts storage. The dealership will employ approximately 60 employees. The architecture of the showroom building is contemporary in style, including silver aluminum composite metal panels with blue accent frame bands along the building fascia and projecting enhanced main entry portal. The showroom building will also feature clear glass with anodized metal frame and muted white and gray stucco panels with metal reveals. The service building will feature metal reveals, stucco and a storefront window system. Discussion: City Code requires Planning Commission consideration of the proposed automobile sales facility with associated automobile related repair and services and signs via the Conditional Use Permit process. Staff has reviewed the proposal and plans, visited the current location, and have concluded that the proposed development, with conditions, will enhance the site in compliance with the goals of the City’s General Plan and Auto Center Specific Plan to promote the Auto Center as a leading regional automobile sales destination and to encourage additional new dealerships. In addition, based on the proposed building design, site improvements, type and scale of operations, and continuity with similar nearby automobile dealerships developed in compliance with ACSP requirements, the proposed development is an appropriate use of the property. The proposal is consistent with the Auto Center goal of automobile dealership buildings, site development, and land use in coordination with ACSP development standards for architectural and site design, including landscaping, access, circulation, and parking, to enhance the appearance of the Auto Center Specific Plan area and economic vitality of the City. As proposed, the design and operation of the dealership will be compatible with other dealerships in the area as well as with nearby properties. No residences are adjacent to the development site. The contemporary design of the dealership features attractive building massing, forms, materials, details, and colors. Logical configuration of the site, attractive on-site landscaping, and enhanced streetscape design also contribute to an attractive cohesive appearance consistent with other dealerships in the ACSP area. Appropriate vehicle circulation with sufficient parking and display area will be provided to assure safe and convenient access and egress. A total of 205 on-site parking and display spaces are provided, including 10 customer parking spaces, which exceeds Code requirements. Customer parking is also permitted on Auto Center Dr. adjacent to the development site. The building and site configuration will provide efficient on-site circulation, including sufficient on-site car delivery and off-loading area. Signs will be designed to appropriately integrate with the building and site theme in a manner consistent with area standards. Overall, the proposed dealership design and configuration promotes optimum utilization of the compact site. As proposed, the architectural and site design for the development will include high quality materials and features to create an attractive development consistent with other area dealerships while promoting a distinct separate identity consistent with applicable ACSP policies and standards as well as General Plan goals and objectives. AGENDA ITEM NO. 2 Planning Commission Staff Report Conditional Use Permit No. CU13-008 Page 4 ENVIRONMENTAL ASSESSMENT: The project is Class 32, Section 15332 - Categorically Exempt from CEQA as Urban Infill. PUBLIC HEARING NOTICES: Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on June 13, 2013 and seven notices were mailed to property owners within a 300 ft. radius of the subject property on June 13, 2013. FINDINGS OF FACT: a. The proposed development is consistent with General Plan and Auto Center Specific Plan goals to consolidate smaller parcels to promote development of automobile dealerships to enhance economic vitality. The ACSP was adopted with a primary objective to encourage new automobile dealerships. The proposed development will comply with applicable development standards as well as use, intensity, scope, and scale of intended and existing area development. b. The site is sufficient in size, shape, and topography to accommodate the proposed development. The proposal will promote efficient and optimum use of the site, consistent with General Plan and ACSP goals. c. Adequate street access is included as part of the development proposal and sufficient traffic capacity will be provided by existing public streets to serve the subject proposal as well as existing and anticipated area development. Although vacant, the site was previously developed with commercial and industrial uses. The proposal will not cause additional traffic beyond the designed street capacity and will include appropriate on-site vehicle and pedestrian circulation. d. Adequate utilities and public services are or will be available to serve the proposed development as well as existing and anticipated area development. The project has been designed to comply with City Codes and applicable required private and public improvements will be provided. e. The proposed development will be compatible with the existing and intended area character and further the intended development pattern within the ACSP area. Site development and operation will be consistent with similar dealerships in the area and will enhance site utility and the economic vitality of the City in conjunction with applicable development requirements. The development will enhance area aesthetics and further the City’s goals and objectives for the ACSP area. Prepared by: Approved by: Presented by: Jay Saltzberg, Planning Manager Joel W. Rosen, AICP, Community Development Director Jay Saltzberg, Planning Manager ATTACHMENTS: 1) Proposed Resolution 2) Vicinity Map 3) Development Plans AGENDA ITEM NO. 2 RESOLUTION NO. CONDITIONAL USE PERMIT NO. CU13-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR A NEW AND USED AUTOMOBILE DEALERSHIP INCLUDING VEHICLE REPAIR AND SERVICE, TIRE SALES AND SERVICE, PARTS DEPARTMENT, OFFICES, SHOWROOM, OUTDOOR DISPLAY AREA, AND SIGN PROGRAM A. Recitals. (i) Orange County Transit Authority, 550 S. Main St. Orange, CA , and City of Buena Park, 6650 Beach Blvd. Buena Park, CA 90622, property owners, and Frederick Zehnder, Argonaut Holdings LLC, 515 Marin St. Suite 211, Thousand Oaks, CA 91360, applicant, have filed an application for issuance of Conditional Use Permit No. CU13-008 to develop and operate a new and used automobile dealership including vehicle repair and service, tire sales and service, parts department, offices, showroom, outdoor display area, and sign program at 6165-6195 Auto Center Dr. / 6261 Western Ave. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the “application”. (ii) On June 26, 2013, this Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. (iii) B. All legal prerequisites to the adoption of this Resolution have occurred. 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 MAY 29 PLNG. DIV.”, this Commission hereby specifically finds as follows: a. The proposed development is consistent with General Plan and Auto Center Specific Plan goals to consolidate smaller parcels to promote development of automobile dealerships to enhance economic vitality. The ACSP was adopted with a primary objective to encourage new automobile dealerships. The proposed development will comply with applicable development standards as well as use, intensity, scope, and scale of intended and existing area development. Resolution No. Conditional Use Permit No. CU13-008 June 26, 2013 b. The site is sufficient in size, shape, and topography to accommodate the proposed development. The proposal will promote efficient and optimum use of the site, consistent with General Plan and ACSP goals. c. Adequate street access is included as part of the development proposal and sufficient traffic capacity will be provided by existing public streets to serve the subject proposal as well as existing and anticipated area development. Although vacant, the site was previously developed with commercial and industrial uses. The proposal will not cause additional traffic beyond the designed street capacity and will include appropriate on-site vehicle and pedestrian circulation. d. Adequate utilities and public services are or will be available to serve the proposed development as well as existing and anticipated area development. The project has been designed to comply with City Codes and applicable required private and public improvements will be provided. e. The proposed development will be compatible with the existing and intended area character and further the intended development pattern within the ACSP area. The development will be consistent with similar dealerships in the area and will enhance site utility and the economic vitality of the City in conjunction with applicable development requirements. The development will enhance area aesthetics and further the City’s goals and objectives for the ACSP area. 3. The Planning Commission hereby finds and determines that the project identified above in this Resolution is found to be Categorically Exempt from the requirements of the California Environmental Quality Act as amended, and the Guidelines promulgated thereunder pursuant to Class 32, Section 15332 of Article 19, of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above, this Commission hereby approves the application subject to the plans stamped “RECEIVED MAY 29 PLNG. DIV.” as modified herein and the following reasonable conditions set forth in paragraph 5 of this Resolution. 5. The following conditions are deemed necessary to protect the public health, safety, and general welfare and are reasonable and proper in accordance with the purpose and intent of the Buena Park City Code: BUILDING DIVISION: 1. The project shall comply with California Title 24 Accessibility requirements. Elevator is required for second story. 2. The project shall comply with Buena Park Municipal Code Title 15, California Building Codes. 3. The project shall be fully sprinklered as required by the California Codes. Page 2 Resolution No. Conditional Use Permit No. CU13-008 June 26, 2013 4. The applicant shall complete the City of Buena Park’s Construction Site NPDES Certification Form prior to issuance of building and grading permits. 5. The applicant shall provide structural engineer calculations and design on second story. 6. All portions of the second story shall maintain a minimum 12 ft. setback from any overhead power lines. FIRE DEPARTMENT: The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified. Prior to issuance of a grading permit or a building permit, if a grading permit is not required: Fire Master Plan (Service Code PR145) Prior to issuance of a building permit: Architectural: motor vehicle service/repair facility (Service Code PR236) Chemical classification (Service Codes PR320-326) Underground piping for private hydrants and fire sprinkler systems (Service Codes PR470-PR475) Fire sprinkler system (Service Codes PR400-PR465) Prior to concealing interior construction: Sprinkler monitoring system (Service Code PR500) Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting www.ocfa.org and clicking on “Fire Prevention” and then “Planning & Development Services.” Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least two days in advance by calling OCFA Inspection Scheduling at 714-573-6150. Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least two days in advance to schedule the lumber drop inspection. Page 3 Resolution No. Conditional Use Permit No. CU13-008 June 26, 2013 PUBLIC WORKS: 1. The existing parcels encompassed by the project shall be consolidated in accordance with the City Code and Subdivision Map Act. Plat map and legal description shall be prepared by registered civil engineer or licensed surveyor. All cost associated with preparation of these documents and County recording shall be responsible by applicant. 2. The following plans and/or information shall be prepared and submitted in accordance with City standards: a. b. c. Grading/Utility Plan Erosion Control Plan Water Quality Management Plan 3. All existing public facilities in conflict with new improvements shall be relocated at no cost to the City. Property owner shall dedicate, or cause to be dedicated all easements needed to accommodate the relocation, modification or installation of facilities to be maintained by the City or any public utility company. 4. The project site must be graded as not to adversely impact the adjacent properties. An Engineering Grading Certification shall be submitted to Engineering Division when grading is complete. The Certification form shall be obtained from the Engineering Services Division. The project RCE/geotechnical engineer shall initiate and prepare the certification, duly signed, wet stamped with date of expiration of registration. 5. New public improvements to include the following: A. Remove all existing driveway approaches along the Auto Center frontage that are in conflict with the proposed development and replace with sidewalk, curb and gutter to match the existing improvements. B. Construct three new curb return type driveway approaches with a minimum width of 35-feet along the Auto Center frontage per City Std. 213. C. Remove stamped concrete within the parkway area along the Auto Center Drive and replace with sod and 25-gallon trees to the satisfaction of the City Engineer. The number and type of trees will be determined with the approval of the Grading Plan. D. Rubberized emulsion aggregate slurry (REAS) and shall be applied onto Auto Center Drive where utility trench cuts have been made for this project. The area to be slurry sealed shall be to the centerline of Auto Center Drive from the property line to the property line. Traffic striping shall be restored after the slurry seal. Page 4 Resolution No. Conditional Use Permit No. CU13-008 June 26, 2013 6. Prior to issuance of grading permit, applicant shall provide a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board along with a Waste Discharge Identification (WDID) number. In addition, applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). This copy of the SWPPP shall be kept at the project site and be available for City review upon request. 7. Prior to issuance of grading or building permits, permit applicant shall submit for approval by the City Engineer, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMP’s) that will be used on site to control predictable pollutant run-off. Applicant shall record the approved WQMP with the Orange County Clerk-Recorder at the cost of the applicant, and provide the City with a conformed copy of the recorded WQMP. This WQMP shall identify the: structural and non-structural measures specified in Appendix G, as available at the Engineering Services Division, detailing implementation of BMP’s whenever they are applicable to the project (when the project has a below grade loading dock, for example); the assignment of longterm maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall reference the location(s) of structural BMP’s. 8. All utility connections, street improvements, and any other work performed in the public right-of-way will require a traffic control plan prepared per the City of Buena Park Public Works Department requirements. The cost of the design and implementation of the traffic control plans shall be borne by the project proponent. 9. Street striping, pavement markings, or markers shall be modified or installed in accordance with City standards. 10. 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. 11. Any proposed utility connection shall be made to the City water and sewer systems in accordance with the City Code, standards and applicable federal, state and county regulations. Sewer fees are based on Orange County Sewer requirements. Any proposed sewer lateral shall be minimum six (6) inch to service the development. 12. Applicant shall pay a sewer connection fee per the latest ordinance of the Orange County Sanitation District prior to occupancy of the building. 13. Backflow and cross connection control devices shall be installed in accordance with the City Code. Fire protection plans shall be approved by the Orange County Fire Authority and the City Engineer. The service shall be owned and maintained by the applicant. 14. All trash collection services needed during construction or after project completion shall be obtained from the City’s authorized provider. Page 5 Resolution No. Conditional Use Permit No. CU13-008 June 26, 2013 15. 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. 16. 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. 17. 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. 18. 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. PLANNING DIVISION: 1. This approval shall be for the development and operation of an approximately 40,572 sq. ft. new and used automobile dealership, including vehicle repair and service, tire sales and service, parts department, offices, showroom, outdoor display area, and sign program at 6165 – 6195 Auto Center Dr. in substantial compliance with plans submitted and stamped “RECEIVED MAY 29 2013 PLNG. DIV.,” except as modified herein. Approval is contingent on consolidation of the separate properties that comprise the proposed development site. 2. Building elevations and architectural design, including materials and colors, shall be generally consistent with the submitted plans. In addition, the rear elevation of the service building facing the I-5 Freeway shall be enhanced to include design elements sufficient to relieve the flat unarticulated building façade, in compliance with ACSP standards. Plans for revision of the rear elevation of the service building shall be submitted for review by the Planning Division and approval obtained before permits are issued. 3. Parking areas and driveways shall be paved and striped in compliance with Code Section No. 19.536.070F regarding commercial uses with white double lines separating stalls, with minimum 4 in. wide stripes and a minimum 8 in. separation. A landscaped setback, a minimum of 10 ft. wide, shall be constructed and maintained at the perimeter of parking and inventory display areas fronting the public streets, except at access drives and walks. 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. Page 6 Resolution No. Conditional Use Permit No. CU13-008 June 26, 2013 4. Decorative paving treatment shall be provided within the new car display areas in front of the buildings along Auto Center Dr. and within the pedestrian circulation areas, as shown on submitted plans, subject to final approval of location and design by Planning Division before permits are issued. New car display shall be permitted to overhang the 10 ft. landscaped front setback. 5 All lighting and illuminated signs shall be designed to prevent glare upon public streets and sidewalks. Lighting shall comply with applicable ordinance standards including functional and aesthetic criteria. The required lighting levels and fixture design shall be approved by the Planning Division before permits are issued. 6. The design of the parking lot light standards shall be generally consistent with the submitted plans. Revisions shall be submitted for review by the Planning Division and approval obtained before permits are issued. The equivalent of one (1) foot candle minimum illumination shall be provided throughout the parking and inventory display area. All luminaries shall be designed, shielded, or aimed in such a manner so as not to produce glare upon adjacent properties or rights of way. 7. Plans submitted for plan check shall include installation of a minimum of three combination “Buena Park Auto Center” monument identification signs / new car display pads, with locations generally consistent with submitted plans. Design shall be generally consistent with Auto Center Specific Plan specifications. Enhanced landscape treatment shall be provided adjacent to the proposed monument identification sign / display pad installation at the corner of Auto Center Dr. and Western Ave. to include a minimum of two groupings of two (2) specimen size Washingtonia Robusta palms with under-planting of flowering shrubs and ground cover. Exact locations and designs of the monument identification signs / display pads and the associated enhanced corner treatment details shall be approved by the Planning Division before permits are issued. 8. All signs shall conform to the Zoning and Sign Ordinances of the City in compliance with the Auto Center Specific Plan sign review criteria. Planning Division review and approval is required pursuant to subsequent Sign Program review before installation. Conceptual signs indicated on the submitted plans are preliminary only and specific sign design is not part of this approval. A separate comprehensive uniform sign program for this development shall be reviewed for compliance with Auto Center Specific Plan criteria with approval by the Planning Division before installation. 9. Outdoor trash storage bins shall be screened from view with enclosure designed in coordination with the architectural design of the building including materials and color. The final design and placement shall be subject to review and approval by the Planning Division, Building Division, and Fire Department. 10. Use of communications systems audible from off-site are not permitted. Page 7 Resolution No. Conditional Use Permit No. CU13-008 June 26, 2013 11. Design and locations for security gates, bollards, and other security methods/ devices shall be reviewed and approved by the Planning and Building Divisions as well as Public Works and Police Departments and Orange County Fire Authority before installation. 12. A 6-inch wide fence of ornamental masonry, a minimum of 6 ft. and a maximum of 8 ft. high, measured from the highest finished grade, except where it projects into the required front yard where the maximum height shall be 2 ft., shall be constructed and maintained along the west property line, in accordance with the structural design approved by the Building Division. Design for walls / fencing shall be included on plans and approved before permits are issued. Standard grey or pink block shall not be considered as ornamental masonry. No block wall construction shall occur until a grading plan has been approved by the Public Works Department if required. Double walls shall be precluded if possible, and if not possible, the gap between all double walls shall be sealed to the satisfaction of the City. 13. All required double check valve assemblies located within the front yard or within the public view shall be located below grade, obscured by landscape, or otherwise screened subject to approval by the Planning Division. 14. All required utility services shall be underground. All required utility services and equipment, including transformers, gas meter, “J” boxes, and similar devices shall be located below grade or shall be screened from view by ornamental masonry walls. The placement and treatment of all screening devices shall be subject to review and approval of the Planning Division. In addition to said walls, landscaping may also be required as a solution for screening. A preliminary electrical equipment plan which is prepared by the Southern California Edison Company shall be reviewed and approved by the City Planning Division prior to the issuance of building permits. The applicant is required to return City approved red line prints to the Southern California Edison Company Planning Department, for preparation of final construction drawings. The location of other utility companies’ appurtenances and meters shall be submitted to the City Planning Division for review and approval prior to installation. 15. No roof-mounted mechanical equipment shall be permitted unless such equipment is not visible from adjacent and surrounding properties and streets from height of five (5) feet above ground level. The installation and screening of air conditioning and similar equipment shall comply with existing design criteria and Section 19.544.020 of the City Code. 16. 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 be in compliance with Auto Center Specific Plan criteria and generally consistent with the submitted concept landscape plan, as conditioned. Landscape planters along the Auto Center Dr. and Western Ave. frontages shall include groupings of Washingtonia Robusta and Queen Palms, flowering shrubs, and groundcovers, Page 8 Resolution No. Conditional Use Permit No. CU13-008 June 26, 2013 with areas of sodded or hydroseeded turf. An enhanced landscape focal point corner treatment shall be provided adjacent to the “ACSP” monument sign / car display pad at Auto Center Dr. and Western Ave. Planter areas with trees and flowering shrubs shall also be installed adjacent to the main customer entry to the building and within the associated easterly parking field adjacent to designated customer parking. 17. Detailed landscape and automatic irrigation plans shall be submitted and approved by the Planning Division prior to the issuance of building permits. Landscape plans shall specify the following: a. b. c. d. Location, size, and quantity of all plant materials: A plant legend specifying species type (botanical and common names) container size, and quantity of all plant materials. Location of all pavement, fencing, buildings, accessory structures, parking lot light poles, property lines, and other pertinent site plan features; Planting and installation details and notes including soil amendments; 18. This Conditional Use Permit may be revoked for violation of or noncompliance with any of these conditions in accordance with Section 19.132.030 of the Zoning Ordinance. 19. The development authorized by this Conditional Use Permit shall start within one (1) year of the expiration of the appeal period and thereafter diligently advance until completion of the project. 20. 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 Zoning Administrator. 21. The proposed use shall obtain a business license as required by the Buena Park City Code prior to establishment of the use. 22. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed to the satisfaction of the City. 23. Prior to the issuance of Building Permits, all fees associated with development shall be paid in full. 24. The applicant and property owner shall sign a notarized Affidavit of Acceptance of all conditions of approval and return it to the Planning Division within thirty (30) days after the effective date of this approval or prior to the issuance of a building permit or certificate of occupancy, whichever may occur first. Page 9 Resolution No. Conditional Use Permit No. CU13-008 June 26, 2013 25. The applicant shall indemnify, defend and hold harmless City, its officers, agents, and employees from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation, or property for damage, injury, or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated hereinabove shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 26. The project and 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. PASSED AND ADOPTED this 26th day of June by the following called vote: AYES: 0 COMMISSIONER: NOES: 0 COMMISSIONER: ABSENT: 0 COMMISSIONER: ABSTAINED: 0 COMMISSIONER: _________________________ Richard McGuire Chair ATTEST: ________________________ Joel W. Rosen, AICP Secretary Page 10 Resolution No. Conditional Use Permit No. CU13-008 June 26, 2013 AFFIDAVIT OF ACCEPTANCE: I/We do hereby accept all of the conditions contained in this document and all other conditions imposed by Conditional Use Permit No. CU13-008 and do agree that I/We shall conform with and abide by all such conditions. Date:____________________ ____________________________ Applicant’s Signature RECU13-008 Page 11 Attachment 2 City of Buena Park Planning Commission June 26, 2013 CU13-008 Project Vicinity Map ∆ DATE DESCRIPTION 05.29.13 PLANNING DEPT. SUBMITTAL CL W ES 08 08 13 20 AS2.1 AS2.1 02 20'-0" 13 01 10'-0" 22 14 19 18 GMDI SIGNAGE PER GMFI STANDARDS 12 19 AS2.1 Associates, Inc. 08 13 06 14 02 45 50'-2" 50'-2" 13 19 45 EASEMENT 13 AS2.2 35'-0" EASEMENT 16 20 35'-6" 72'-1" 02 50'-2" 25'-0" Whitfield E AV 50'-2" C L N C L R TE AUTO CENTER DRIVE 01 16 16 16 11 NEW VEHICLE DISPLAY SET BACK SET BACK 15 12 13 12 11 10 AS2.3 2 MAIN ENTRY 3 AS2.3 V M S R 22 PARTS EASEMENT 15 2 25'-0" TYP 9'-0" 19'-0" TYP 07 07 11 29'-2" 11 08 AS2.2 8 4 13 07 14 27'-4" PROJECT TITLE: 07 3 14 T 03 07 43x81 16 07 23 43x81 43x81 17 17 VAN V NO PARKING DETAIL BAYS (3) 6 07 39'-1" 04 TYP AY 21 TYP 19'-0"6 PL 20 6 AS2.3 7C 09 NO PARKING 05 20 12 20 12 GMDI SIGNAGE 18 PER GMFI STANDARDS EASEMENT 13 16 19 28 08 AS2.2 45 EASEMENT 45 13 EASEMENT 45 EASMENT 45 11 NEW & USED VEHICLE DISPLAY 29 08 46 16 07 11 NEW & USED VEHICLE DISPLAY 13 EASMENT 46 46 EASEMENT EASEMENT EASEMENT EASEMENT 14 20 07 AS2.2 8 C 45 AS2.2 45 07 71'-1" EASEMENT 20 45 12 EASEMENT AS2.1 62'-6" EASEMENT 01 09 19'-2" 09 FD 09 20'-5" EASEMENT 15 45 09 3 9 56'r 45 07 07 23'-7" 21 45 56'r EASEMENT 28'-4" 45 19'-2" 5 13 13 13 37 36 SITE PLAN 5 FREEWAY PROJECT INFORMATION SCALE: 1" = 20'-0" OWNER/DEVELOPER: PROJECT LOCATION N BUILDING ADDRESS: PROJECT ARGONAUT HOLDINGS LLC 515 MARIN ST., SUITE 211 THOUSAND OAKS, CA 91360 MARK SLOAN 805-373-9540 6195 AUTO CENTER DRIVE BUENA PARK, CA 90621 APN NUMBERS: ZONING: OCCUPANCY: SITE AREA: BUILDING FOOT PRINT: ZONING MAP VICINITY MAP ACSP (AUTO SPECIFIC PLAN) B & S1 128,458 SQ.FT. 34,902 SQ.FT. BUILDING CONSTRUCTION TYPE: GROSS BUILDING AREA: 2.95 ACRES III-B 40,572 SQ.FT. FACILITY USE: NEW AND USED VEHICLE SALES, REGULARLY SCHEDULED SERVICING AND EXCHANGE OF PARTS. NO OPEN FLAME OF SPRAY PAINTING IS PERMITTED IN THE TWO SERVICE FACILITIES. PARKING HATCH LEGEND PARKING: VEHICLE SALES/DISPLAY (TABLE 19.536.040 BPMC) 1ST +/- 34,902 2ND +/- 7,212 42,114/1000 = 42.11 X 2.5 = 105 SPACES REQ'D. DISPLAY PARKING: +/- 17,149/1000 = 17 TOTAL REQ'D: 122 SPACES PARKING SPACES: PROVIDED ON SITE: 107 S + 15 C = 122 REQUIRED SPACES (+2 SURPLUS) = 124 SPACES SITE PLAN KEY NOTES PROJECT SYNOPSIS: No. CONSTRUCTION OF A 40,572 SQ.FT. AUTOMOTIVE DEALERSHIP. THE DEALERSHIP WILL CONSIST OF SALES SHOWROOM, OFFICES AND SUPPORTING ADMINISTRATIVE FUNCTIONS, PARTS STORAGE AND RETAIL SALES, AND THE SERVICING OF VEHICLES. 01 SECURITY SWING GATE. PROVIDE SHALL KNOX BOX HARDWARE TO ALLOW EMERGENCY ACCESS FOR FIRE AND POLICE RESPONSE. 02 PAINTED DIRECTIONAL ARROWS. (2) COATS HIGHWAY WHITE. THE NEW SHOWROOM WILL FEATURE TYPICAL CHEVROLET C.I. ELEMENTS SUCH AS: ALUMINUM COMPOSITE METAL PANELS (ACM), ON THE SHOWROOM STRUCTURE, AND A SMOOTH STUCCO SYSTEM ON THE REMAINDER OF THE STRUCTURE. THE DESIGN WAS DEVELOPED TO IMPROVE THE VISIBILITY OF THE CHEVROLET BRAND, MEET INCREASED FUNCTIONAL DEMANDS OF THE DEALERSHIP, AND ADOPT THE GROWING NUMBER OF GM/CHEVROLET PRODUCTS. THE CONCEPT IS ALSO NOTABLE FOR ITS HIGH LEVEL OF FLEXIBILITY, ITS MODULARITY, AND EFFICIENCY. THE FOLLOWING IS THE PROPOSED SCOPE OF WORK FOR THE PROJECT: 03 NEW TRANSFORMER AND CONC. PAD. SEE ELECTRICAL/CIVIL/SCE DWGS. PROVIDE CONC. FILLED STEEL BOLLARDS PER 07 REQUIRED 9'X19' PARKING STALLS (PAINTED STRIPING) 1. THE FIRST FLOOR FUNCTIONS CONSISTS OF SHOWROOM FOR VEHICLE SALES, A PARTS DEPARTMENT FOR SALES AND STORAGE OF REPAIR PARTS, AND A SERVICE DEPARTMENT. 08 LIGHT STANDARD MOUNTED ON CONC. BASE. GREENBRIAR. HEAD CONFIGURATION AND QTY. AS SHOWN. 20'-0" OVERALL HT. COLOR: WHITE. SHALL HAVE GLARE CUT-OFF 09 WALL PACK LIGHT FIXTURE. SEE PHOTOMETRIC FOR ADDITIONAL INFORMATION. COLOR: WHITE. SHALL HAVE GLARE CUT-OFF 10 ADA ACCESSIBLE 9'X19' PARKING STALL. SURFACE SLOPE NOT TO EXCEED 2% IN ANY DIRECTION 11 NON-STRIPED DISPLAY/INVENTORY PARKING STALL INDICATED BY BLUE HATCH ON PLAN. 3. THERE ARE 2 PRIMARY FINISHES OF THE STRUCTURE: SHOWROOM AND SERVICE DRIVE: SILVER ALUMINUM COMPOSITE METAL PANELS (ACM) WITH A BLUE ACCENT FRAMES BAND ALONG THE LOWER PORTION OF THE FACIAL. THE REMAINDER OF THE FACILITY WILL HAVE A SMOOTH WHITE STUCCO FINISH WITH 1" ALUM ARCHITECTURAL REVEALS. 12 6" CONC. CURB TYP. REFER TO CIVIL DWGS FOR AREAS TO 0" TRANSITION 13 PROPERTY LINE. REFER TO CIVIL DWGS 14 LANDSCAPING AND IRRIGATION. REFER TO LANDSCAPE DWGS 15 PAINT PROPERTY SIDE OF NEW BLOCK WALL. COLOR: WHITE 4. THE PROJECT WILL INCLUDE NEW LANDSCAPING, GRADING, ENHANCED HARDSCAPE AREAS, VEHICLE DISPLAY PADS, AND SITE LIGHTING. 16 ENHANCED CONCRETE VEHICLE DISPLAY PAD. SEE 4/AS2.1. 17 5'-0" SIDEWALK. REFER TO CIVIL DWGS 18 CHEVROLET EXTERIOR PYLON MONUMENT SIGN BY OWNER. SEPARATE PERMIT. PROVIDE ELECTRICAL AS NEEDED 19 SECURITY PIPE RAIL. REFER TO ARCHITECTURAL DWGS. DET. X/AX.X 20 FIRE HYDRANT. REFER TO CIVIL DWGS SCALE: AS NOTED 21 TRASH ENCLOSURE. SEE ARCHITECTURAL DRAWINGS. DRAWN BY: MM 22 NOT USED. 23 PATH OF TRAVEL. SLOPE OF WALKING SURFACE NOT TO EXCEED 8.33%: CROSS SLOPES NOT TO 2. THE SECOND FLOOR CONSISTS PRIMARILY OF OFFICES AND EMPLOYEE USE SPACES SUCH AS A BREAK ROOM, FILE STORAGE, AND OTHER ADMINISTRATIVE FUNCTIONS THAT SUPPORT THE DEALERSHIP. 5. NEW SIGNAGE WILL BE PROVIDED ON THE STRUCTURE; AND NEW PYLON SIGNS WILL BE INSTALLED ON THE SOUTH-EAST AND NORTH-WEST CORNERS OF THE PROPERTY THAT IS CONSISTENT WITH CHEVROLET C.I. STANDARD PROVIDED ON SITE: 81 DISPLAY SPACES TOTAL PROVIDED: 205 . PARKING SPACE DIMENSIONS STANDARD: 19' x 9' COMPACT: 16' X 8' ARCHITECT: CIVIL ENGINEER: LANDSCAPE ARCHITECT: PROJECT MANAGER: WHITFIELD ASSOCIATES, INC. 24691 DEL PRADO, SUITE 201 DANA POINT, CALIFORNIA 92629 (949) 234-1950 (949) 234-1946 FAX WEB: www.waarch.com CONTACT: GARY WHITFIELD, ARCHITECT Email: gw@waarch.com JONES, CAHL & ASSOCIATES INC. 18090 Beach Blvd., Suite #12 Huntington Beach, CA 92648 Phone: (714)848-0566 Fax: (714)848-6322 INTAGLIO STUDIO (949) 892 8240 24685 SANTA CLARA AVENUE DANA POINT, CALIFORNIA 92629 EXCELERATION PROJECT MANAGEMENT 12476 Venice Blvd. Los Angeles, CA 90066 Phone: (310) 490-5777 Fax: (310) 861-5243 Michael Montenegro, PROJECT MANAGER Email: mm@waarch.com CONTACT: DANIEL RUBIO E-Mail: drubio@jonescahl.com DESCRIPTION CONTACT: BILL HALL Email: bhall@intaglio-studio.com CONTACT: JOE PETERSON E-Mail: joepeterson@exceleration-pm.com SCE REQUIREMENTS 04 ENTRY PORTAL. SEE ELEVATIONS FOR ADDITIONAL DETAILS. 05 STAIR TO 2ND FLOOR. SEE A1.1/A1.2 FOR ADDITIONAL INFORMATION. 06 30" HIGH BUENA PARK AUTO CENTER IDENTIFICATION CONC. MONUMENT SIGNAGE PER CITY STANDARDS. PROVIDE SIGNAGE LIGHTING. PROVIDE ELECTRICAL AS NEEDED. SEE ELECTRICAL DWGS EXCEED 2%. PROVIDE 48" WIDE PATH MARKING WITH 4" WIDE DIAGONAL STRIPES @ 36" O.C. WHERE SHOWN ON DWG. 6195 Auto Center Drive Buena Park, CA 90621 14 619'-0" 12 NEW VEHICLE DISPLAY 15 Fax: 9 4 9 . 2 3 4 . 1 9 4 6 CL 16 Phone: 9 4 9 . 2 3 4 . 1 9 5 0 11 S DI 17 SHOWROOM interior design 24691 Del Prado, Suite 201 + Dana Point, CA 92629 E CL HI 13 04 :: www.waarch.com " '-0 40 VE 19 10 planning W SERVICE DEPARTMENT D 17 CUSTOMER PARKING 01 TYP 02 9'-0" 03 CUSTOMER PARKING 04 NO PARKING 05 VAN 06 SERVICE RECEPTION 07 18 W 32'-7" 08 :: NE 09 25'-0" 2 15 CUSTOMER PARKING AS2.1 30 architecture 7 PREMIER CHEVROLET 20 SHEET TITLE: SITE PLAN PROJECT No. 2013-0005 PLOT DATE: 05.23.13 SHEET NUMBER (2) COATS HIGHWAY WHITE AS1.1 ∆ DATE DESCRIPTION 05.29.13 PLANNING DEPT. SUBMITTAL 340'-8" 181'-5" 46'-0" 113'-3" 74'-0" Whitfield 02 01 SERVICE DEPARTMENT D 19 16 15 14 13 12 11 10 109'-9" 17 20 M S R 22 PARTS Phone: 9 4 9 . 2 3 4 . 1 9 5 0 2 43x81 43x81 9'-3" www.waarch.com 15'-8" 9 3 NO PARKING 21'-6" 25'-5" 27'-9" 74'-8" 21'-1" 160'-2" 46'-2" interior design 24691 Del Prado, Suite 201 + Dana Point, CA 92629 23 43x81 :: Fax: 9 4 9 . 2 3 4 . 1 9 4 6 PROJECT TITLE: VAN V planning MAIN ENTRY DETAIL BAYS (3) V :: SHOWROOM NO PARKING 42'-8" 21 architecture 113'-11" 341'-4" FIRST FLOOR PLAN SCALE: 3/32" = 1'-0" 6195 Auto Center Drive Buena Park, CA 90621 03 PREMIER CHEVROLET 04 110'-2" 05 104'-8" 18 06 VAN 07 CUSTOMER PARKING W 08 SERVICE RECEPTION 57'-10" 09 NO PARKING 2 CUSTOMER PARKING Associates, Inc. 1ST FLOOR AREA BREAK SQ.FT. BREAK DOWN AREA BREAK DOWN SHOWROOM AND SALES: PROVIDED 6,020 SQ.FT. (4 DISPLAY) SHEET TITLE: NEW CAR DELIVERY: 961 SQ.FT. 1ST FLOOR PLAN SERVICE WRITE-UP: 5,634 SQ.FT. CUSTOMER AMENITIES 2,657 SQ.FT. SERVICE DEPARTMENT: 15,668 SQ.FT. (4 LANES) (23 STALLS) N PROJECT PROJECT No. 2013-0005 SCALE: AS NOTED PARTS STORAGE: 3,132 SQ.FT. (+BIN SUPPORTED MEZZ +HIGH DENSITY BINS) DRAWN BY: MM PLOT DATE: 05.23.13 NON CUSTOMER AREA: 830 SQ.FT. 1ST FLOOR TOTAL = 34,902 SQ.FT. SHEET NUMBER A1.1 ∆ DATE DESCRIPTION 05.29.13 PLANNING DEPT. SUBMITTAL Whitfield Associates, Inc. 46'-9" JAN. DN OFFC 1 2 36'-11" PARTS NO PARKING VAN Phone: 9 4 9 . 2 3 4 . 1 9 5 0 BREAK RM. SHOWROOM OFFC 4 MAIN ENTRY OFC 10 SERVER OFFC 5 PROJECT TITLE: BDC OFFC 6 NO PARKING OFFICE 9 2 OFFC 8 43x81 43x81 Fax: 9 4 9 . 2 3 4 . 1 9 4 6 DW M 43x81 9 113'-8" interior design OFFC 3 S PARTS MEZZANINE 3 :: www.waarch.com R OFFC 7 DN planning 24691 Del Prado, Suite 201 + Dana Point, CA 92629 FILES LOW ROOF :: 46'-9" NO PARKING FIRST FLOOR PLAN SCALE: 3/32" = 1'-0" 6195 Auto Center Drive Buena Park, CA 90621 DETAIL BAYS DETAIL BAYS (3) architecture PREMIER CHEVROLET BELOW MEN CUSTOMER PARKING SERVICE DEPARTMENT W OFFC 2 VAN WASH BAYS LOW ROOF 105'-0" SERVICE RECEPTION WOMEN 2ND FLOOR AREA BREAK SQ.FT. BREAK DOWN DEALERSHIP ZONES PROVIDED SHEET TITLE: PARTS STORAGE: 2,502 SQ.FT. NON CUSTOMER AREA: 1,474 SQ.FT. GENERAL OFFICE: 3,236 SQ.FT. 2ND FLOOR TOTAL = 7,212 SQ.FT. (+BIN SUPPORTED MEZZ +HIGH DENSITY BINS) 2ND FLOOR PLAN N PROJECT PROJECT No. 2013-0005 SCALE: AS NOTED DRAWN BY: MM PLOT DATE: 05.23.13 SHEET NUMBER A1.2 ∆ DATE DESCRIPTION 05.29.13 B B K B L D B 4 3 6 4 - 2 3 SERVICE SIGN PER GMFI STANDARDS B I A M A M 3 6 1 6 1 6 PLANNING DEPT. SUBMITTAL (22" HIGH) SHOWROOM + 28'-0" T.O.PORTAL 10 SERVICE DRIVE 10 WASH BAYS SERVICE BAYS + 26'-0" T.O.P. 11 + 25'-6" T.O.P. 22" + 26'-0" T.O.P. 8 + 17'-0" T.O. GLAZING 17'-0" + 12'-0" 2ND. F.F. 8 Associates, Inc. CLEAR + 11'-0" T.O.CANOPY Whitfield + 0'-0" 1ST. F.F. I 4 6 EAST ELEVATION (AUTO CENTER DR.) SCALE: 1" = 20'-0" architecture A 1 E 1 E 1 A 1 M 6 3 E M 1 6 SERVICE BAYS 8 F 1 J 1 I 7 A 1 :: planning 12 WASH BAYS interior design www.waarch.com B 3 24691 Del Prado, Suite 201 + Dana Point, CA 92629 Phone: 9 4 9 . 2 3 4 . 1 9 5 0 8 :: Fax: 9 4 9 . 2 3 4 . 1 9 4 6 3 WASH BAYS + 28'-0" T.O.PORTAL + 26'-0" T.O.P. + 15'-6" T.O.P. A. SMOOTH STUCCO SYSTEM B. ALUMINUM COMPOSITE METAL (ACM) RAIN SCREEN SYSTEM WITH 1/2" WIDE REVEAL,DRY-JOINT SYSTEM 1 + 11'-0" T.O.P + 0'-0" 1ST. F.F. + 0'-0" 1ST. F.F. NORTH ELEVATION (CAR MAX) SCALE: 1/8" = 1'=0" B 3 B 4 B 3 B 3 PER GMFI STANDARDS I 6 B 4 ENTRY ELEMENT 7 (28" HIGH) 5 28" B 4 PER GMFI STANDARDS 10 10 PREMIER 8 1. EP-1: EXTERIOR PAINT: BENJAMIN MOORE: EXTERIOR GRADE, WHITE DIAMOND, OC-61 AT SERVICE DEPARTMENT EXTERIOR 2. EP-2: EXTERIOR PAINT: BENJAMIN MOORE: EXTERIOR GRADE, SILVER HALF DOLLAR, 2121-40 AT SHOWROOM EXTERIOR C. EXISTING CONCRETE COLUMN D. HOLLOW METAL DOOR 3. ACM1: ALPOLIC - TBX BRIGHT ALUMINUM METALLIC E. METAL ROLL UP DOOR. 4. ACM2: ALPOLIC - CVB BLUE/ COLOR TO MATCH PMS 300/ CHEVROLET BLUE F. STEEL BEAM FRAMING. 5 ACM3: ALPOLIC - BRUSHED HAIRLINE ALU, DM HLZ ALUMINUM G. SMOOTH PLASTER FINISH 6. CLEAR ANODIZED H. 1" DUAL GLAZING, TEMPERED WITH LOW-E. 7. CLEAR GLASS I. ALUMINUM STOREFRONT SYSTEM 8. PAINT TO MATCH ADJ, SURFACE J. STRUCTURAL COLUMN K. ALUMINUM STOREFRONT DOOR L. SPANDREL GLASS M. 1" MTL. ARCHITECTURAL REVEAL N. EXTERIOR STEEL STAIR PROJECT TITLE: B 3 + 12'-0" 2ND F.F. ELEVATION KEYNOTES + 28'-0" T.O.PORTAL 1. COLUMN WITH ACM COLUMN COVER. + 26'-0" T.O.P. 2. ROLL UP DOOR. PAINT TO MATCH ADJ. SURFACE. 3. PARAPET BEYOND. 8 28'-0" + 17'-0" T.O. GLAZING 4. ALUMINUM STOREFRONT VEHICLE DOOR. + 17'-0" T.O. GLAZING 5. DEALER NAME, ALL BUILDING SIGNAGE UNDER SEPARATED PERMIT BY OTHERS. PROVIDE POWER AS REQUIRED, REFER TO PATTISON SIGN PLANS. + 12'-0" 2ND F.F. 6. GALVANIZED METAL FLASHING. PAINT TO MATCH STRUCTURE. 7. CHEVROLET SIGNAGE, ALL BUILDING SIGNAGE UNDER SEPARATED PERMIT BY OTHERS. PROVIDE POWER AS REQUIRED, REFER TO PATTISON SIGN PLANS. 8. CHEVROLET BRAND-SPECIFIC ENTRY ELEMENT PROVIDED BY PATTISON SIGN GROUP. 9. WALL PACK LIGHT FIXTURE PER PHOTOMETRIC PLAN. COLOR TO MATCH STRUCTURE. 10. 'CHEVROLET BLUE' ACM ACCENT BAND, FLUSH WITH THE METALLIC SILVER ACM ABOVE. 11. SERVICE SIGN, ALL BUILDING SIGNAGE UNDER SEPARATED PERMIT BY OTHERS. PROVIDE POWER AS REQUIRED, REFER TO PATTISON SIGN PLANS 12. CORRUGATED METAL SHED ROOF. PAINT TO MATCH STRUCTURE. . 1 8 8 + 0'-0" 1ST. F.F. B 3 1 30'-0" DEALER SIGN + 26'-0" T.O.P. K 6 ELEV./SECTION FINISH SCHEDULE A - 2 I 6 B 4 SOUTH ELEVATION B 5 I 6 (WESTERN AVE) SCALE: 1/8" = 1'=0" A 1 M 6 I 6 E 1 E 1 A 1 M 6 A 1 B 3 D 2 I 6 B 3 B 4 L - B 3 B 4 6195 Auto Center Drive Buena Park, CA 90621 ELEV./SECTION MATERIAL SCHEDULE PREMIER CHEVROLET + 26'-0" T.O.P. ELEVATION LEGEND B 3 SHEET TITLE: 9 + 26'-0" T.O.P. + 25'-6" T.O.P. 9 9 9 9 + 28'-0" T.O.PORTAL 9 + 26'-0" T.O.P. ELEVATIONS CLEAR 17'-0" + 17'-0" T.O. GLAZING + 11'-0" T.O.CANOPY + 12'-0" 2ND. F.F. PROJECT No. 2013-0005 SCALE: AS NOTED + 0'-0" 1ST. F.F. DRAWN BY: MM PLOT DATE: 05.23.13 SHEET NUMBER D 1 WEST ELEVATION SCALE: 1/8" = 1'=0" (FREEWAY) D 1 N 2 I 6 B 3 K 6 B 3 I 6 B 4 A3.1 AUTO CENTER DRIVE GMDI SIGNAGE 45 PER GMFI STANDARDS EASEMENT EASEMENT 45 ER ST WE NEW VEHICLE DISPLAY 15 01 15 14 13 12 11 21 22 30 PARTS EASEMENT 5 23 43x81 43x81 43x81 2 VAN NO PARKING DETAIL BAYS (3) MAIN ENTRY Y 20 10 SHOWROOM 11 LA SP 16 6 6 DI 17 6 LE 19 6 C HI SERVICE DEPARTMENT D NEW VEHICLE DISPLAY 02 CUSTOMER PARKING 03 CUSTOMER PARKING 04 NO PARKING 05 VE 18 06 VAN 07 W W 08 SERVICE RECEPTION 09 VE NA 2 NE CUSTOMER PARKING 7 7C 5 45 EASEMENT 9 EASEMENT 45 EASEMENT 45 EASEMENT 3 NO PARKING 56'r 45 28 EASEMENT 45 EASEMENT 45 EASEMENT 45 EASEMENT 45 EASMENT 45 16 45 GMDI SIGNAGE EASEMENT NEW & USED VEHICLE DISPLAY 29 19 8 C 46 NEW & USED VEHICLE DISPLAY EASMENT 46 36 46 EASEMENT EASEMENT EASEMENT 45 16 37 I-5 FREEWAY PRELIMINARY LANDSCAPE PLAN EXISTING TREES: PLANTANUS ACERFOLIA LONDON PLANE TREE 3 20' CANOPY EXISTING STREET TREE TO BE REMOVED COMPLETE AND REPLACED WITH CONCRETE PAVING STANDARD PROPOSED TREES: ARECASTRUM ROMANZOFFIANUM QUEEN PALM 33 12' BTH STANDARD WASHINGTONIA ROBUSTA CALIFORNIA FAN PALM 29 30' BTH SKINNED PROPOSED SHRUBS: (PROVIDE 3" LAYER SHREDDED BARK MULCH IN ALL PLANTING AREAS) STRELITZIA REGINAE BIRD OF PARADISE 5 GALLON AT 24" O.C. TRIANGULAR SPACING BOUGAINVILLEA 'MONKA" OO-LA-LA BOUGAINVILLEA 1 GALLON AT 18" O.C. TRIANGULAR SPACING NASSELLA TENUISSIMA MEXICAN FEATHER GRASS 1 GALLON AT 18" O.C. TRIANGULAR SPACING BOUGAINVILLEA VINE 15 GALLON STAKED - 2 PER PALM TIE TO PALM W/ZIPTIE 36" OC PROPOSED VINES: BOUGAINVILLEA 'BARBARA KARST' SHEET L-1 PROPOSED GROUND COVER: SODDED TURF- NATIVE MOW FREE NATIVE FINE FESCUE BLEND NOT SHOWN LANTANA SELLOWIANA 'MONMA' 1 GALLON AT 18" O.C. TRIANGULAR SPACING NOT SHOWN AGUINAGA FOREST FLOOR SHREDDED MULCH 3" THICK LAYER ALL PROPOSED PLANTING BEDS PAVING: PROPOSED CONCRETE PAVING- NATURAL GRAY WITH LIGHT SANDBLAST FINISH AND SAW CUTS @ 36" OC EW. EXISTING CONCRETE PAVING TO REMAIN AND BE PROTECTED. AN AUTOMATIC IRRIGATION SYSTEM WILL BE PROVIDED TO ALL PLANTER AREAS TO ENSURE PROPER WATER COVERAGE PER ALL LOCAL CODES. DATE: MAY 23, 2013 ∆ DATE DESCRIPTION 05.29.13 PLANNING DEPT. SUBMITTAL Whitfield Associates, Inc. architecture :: planning :: interior design www.waarch.com 24691 Del Prado, Suite 201 + Dana Point, CA 92629 Phone: 9 4 9 . 2 3 4 . 1 9 5 0 Fax: 9 4 9 . 2 3 4 . 1 9 4 6 6195 Auto Center Drive Buena Park, CA 90621 PREMIER CHEVROLET PROJECT TITLE: SHEET TITLE: SIGN DETAILS PROJECT No. 2013-0005 SCALE: AS NOTED DRAWN BY: MM PLOT DATE: 05.23.13 SHEET NUMBER SD-1 STAFF REPORT Planning Commission REPORT REPORT REPORT AGENDA ITEM NUMBER: 3 MEETING DATE: June 26, 2013 CASE NUMBER: Conditional Use Permit No. CU13-009 PROPERTY OWNER: Jahanpanah Jahangiri 7760 Crescent Avenue Buena Park, CA 90620 APPLICANT: CJC Design, Inc. 140 N. Maple Street #101 Corona, CA 92880 APPLICATION REQUEST: A request to expand an existing service station convenience market to 1,530 sq. ft. including a 215 sq. ft. addition and converting 820 sq. ft. of service bay and establishment of the sale of beer and wine for off-site consumption with architectural and site improvements. PROPERTY LOCATION/APN: 7760 Crescent Avenue/ 135-101-23 GENERAL PLAN / ZONING DESIGNATION: Commercial / CG (Commercial General) with Beach/Crescent Architectural Overlay LAND USE CHARACTERISTICS: The subject property is zoned CG (Commercial General) and is developed with a Valero Smog and Service station with convenience mart. The property to the north is zoned AR (Amusement Resort) and is developed with the Knott’s Berry Farm parking lot. The property to the east and south is zoned CG and is developed with the Colony Inn. The property to the west, across Grand Avenue, is zoned RM-20 (Medium Density Multifamily Residential) and developed with an apartment complex. AGENDA ITEM NO. 3 Planning Commission Staff Report Conditional Use Permit No. CU13-009 Page 2 RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. CU13-009 with the findings of fact and conditions listed therein. APPLICATION ANALYSIS: Background: The property under application is located on the southeast corner of Crescent and Grand Avenues, with street frontages of 154 ft. along Crescent Avenue and 173 ft. along Grand Avenue, with a total land area of 26,642 sq. ft. The property is developed with a Valero automobile service station including a 495 sq. ft. market and 1,260 sq. ft. smog check facility as well fueling canopies, which was originally approved by the Planning Commission in 1966 via Site Plan No. SP-393. The site is currently legal-non-conforming to current City Code standards for required landscape setbacks along the two street frontages as well as along the east property line. Proposal: The submitted application and plans propose expansion of the existing service station convenience market to 1,530 sq. ft. including 215 sq. ft. addition and converting an 820 sq. ft. service bay and establishment of the sale of beer and wine for off-site consumption with architectural and site improvements. The proposed gasoline station will continue to be operated as a Valero service station with a single service bay to be operated as a smog test only facility. The gasoline station, including the convenience market, will be open 24 hours per day and will employ three employees per shift with three shifts a day. The interior of the expanded convenience market has been designed to maintain walk-in coolers, a storage room, merchandise sales area, office/utility room, and unisex restroom. The convenience market will provide typical convenience store items including beverages, prepackaged food, and other snacks. The applicant is proposing to establish the sale of beer and wine for off-site consumption ancillary to the operation of the previously approved service station and convenience store. The beer and wine will be located within the walk-in cooler. The applicant is requesting the sale of beer and wine during the hours authorized by the California Department of Alcoholic Beverage Control which are between the hours of 6 a.m. and 2 a.m. daily. The submitted plans propose to convert two existing service bays totaling 820 sq. ft. into part of the existing convenience market. The existing service bay doors located at the rear of the building will be filled in to allow for the convenience market expansion. The building will also include a new 215 sq. ft. addition on the south side of the building in order to accommodate the new walk-in coolers. The new addition will be integrated into the enhanced design of the building. Once completed, all metal exterior elevations will be covered and the renovated building including addition and service bay conversion will maintain a tan stuccoed exterior with bisque colored trim, decorative stacked stone wainscot veneer along the base of the building and along the canopy supports. The building will maintain a new storefront facing Crescent Avenue, including new double door entry and storefront windows to match the existing storefront, with new red fabric awnings along the north and east elevations and decorative AGENDA ITEM NO. 3 Planning Commission Staff Report Conditional Use Permit No. CU13-009 Page 3 gooseneck lighting fixtures. The submitted plans also show new signage along the north elevation of the building attached to the building fascia depicting “Smog √“ and ”Food Mart”. The existing fueling canopies will be painted to complement the convenience store building. The fueling canopies will continue to provide shelter for six (6) fueling stations. The proposed 1,530 sq. ft. convenience store is located toward the center of the property maintaining a 65 ft. setback from Crescent Avenue, 60 ft. setback from Grand Avenue, 70 ft. setback from the south property line, and 36 ft. setback from the east property line. The remaining 440 sq. ft. smog check facility will be located on the east side of the convenience store with service bay access from the rear of the property. The existing fueling canopies will remain in their current configuration. The site currently maintains two driveways along Crescent Avenue and two driveways along Grand Avenue. The submitted plans propose elimination of a driveway along Crescent Avenue and modification of a driveway along Grand Avenue into an exit-only driveway. The remaining two driveways will be reduced in width. The existing parking lot has also been configured to maintain 17 standard size parking spaces. 9 stalls are required by Code. Additional site modifications include a new trash enclosure located at the southeast corner of the property, a new 5 ft. wide landscape setback along the entire east property line, and revitalized and expanded landscape around the modified driveways along Crescent Avenue and Grand Avenue to include new Willow trees and enhanced ground cover. Discussion: City Code requires Planning Commission review and approval for the proposed convenience market expansion with the sale of beer and wine for off-site consumption 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 proposed redesign and configuration of the service station and site with expanded convenience market are adequate to support the proposed sale of beer and wine for off-site consumption. Staff believes that the sale of beer and wine for offsite consumption is appropriate within the context of a service station convenience store and will not negatively impact the subject and surrounding properties. Staff feels that the sale of beer and wine as an incidental use to the gasoline station with convenience market is compatible with the surrounding commercial neighborhood as well as an added amenity for the multifamily residential property across the street based on limited scale and scope of business operations. The floor plan of the convenience market has been designed to provide a suitable location for the stock and display of beer and wine in order to provide complete control and adequate surveillance of alcoholic beverages within the facility. The renovated service station including the expanded convenience market will assist in advancing the long term vision for this area along Crescent Avenue as identified in the City’s General Plan. The property is located directly across from Knott’s Berry Farm toward the southerly entry to the Entertainment Corridor Focus Area which is envisioned as a pedestrianfriendly and tourist-oriented destination that connects Knott’s Berry Farm to other visitor-serving uses along Beach Boulevard and surrounding corridors. The renovated service station and convenience market will help to serve tourists as well as the surrounding neighborhood by providing added amenities and services in a quick one-stop location. AGENDA ITEM NO. 3 Planning Commission Staff Report Conditional Use Permit No. CU13-009 Page 4 The project design complies with all City Code requirements for building setbacks, access, circulation, parking, and building design except for required 20 ft. landscape setbacks adjacent to streets. Due to the existing building location and on-site circulation, the existing 5 ft. to 10 ft. landscape setback adjacent to the street cannot be increased. The project however includes new and revitalized landscaping along Crescent and Grand Avenues and a new 5 ft. wide landscape setback along the east property line in order to bring the site as close to compliance with Code as possible while maintaining the existing building configuration, access, and circulation. Additionally, the elimination of one driveway along Crescent Avenue and the modification of one driveway along Grande Avenue to exit only will help create safer ingress and egress to the site by moving cars and traffic further from the intersection and corner of the property. As part of the proposal, the applicant is proposing a revised site design to include 17 parking spaces in order to comply with Code requirements. In regards to building architecture, the site is located within the Beach/Crescent Architectural Overlay zone which encourages modern interpretation of building design to create complementary architectural integration. Staff feels that the proposed renovated building including architectural enhancements such as new stucco exterior finish, stacked stone veneer, new fabric awnings, as well as decorative lighting complements other buildings in the area while meeting the Beach/Crescent Architectural Overlay zone criteria. The architectural design and color of the building will also be included on the fueling service canopies to create architectural integration. However, the proposed signs on the building fascia are not permitted by Code. Signs are not permitted to be installed on building fascias or roofs. Signs will be required to be installed on the wall of the building and approved under a separate permit. The Buena Park Police Department reviewed the request to include the sale of beer and wine for off-site consumption ancillary to the operation of the service station and convenience store. Although initially concerned about the location of the market directly across the street from multi-family residential development and Knott’s Berry Farm, the Police Department indicated that with proper conditions, including a security plan and limiting the sales of alcohol to prepackaged beverages only with no single can or bottle sales permitted, the business operation would provide a neighborhood convenience. As conditioned to assure security, the Police Department concluded that they had no objection to the applicant’s request. ENVIRONMENTAL ASSESSMENT: The project is Class 1, Section 15301, categorically exempt from CEQA. PUBLIC HEARING NOTICES: Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers Community Recreation Center on May 30, 2013, and 21 notices were mailed to property owners within a 300 ft. radius of the subject property on May 30, 2013. AGENDA ITEM NO. 3 Planning Commission Staff Report Conditional Use Permit No. CU13-009 Page 5 FINDINGS OF FACT: a. The renovated gasoline station with expanded convenience store is consistent with the City’s General Plan and Zoning Ordinance, since the project will meet applicable development standards as well as exhibit use and performance characteristics consistent with adjacent properties and area development, as conditioned. b. The site is adequate in size, shape, topography, location, utilities and other factors, to accommodate the renovated gasoline station with expanded convenience store. Based on distance and buffering from nearby residences as well as operation restrictions and associated improvements, as conditioned, there will be no conflicts or incompatibility created by the proposed use. c. Adequate street access and traffic capacity will be available to serve the proposed use as well as existing and anticipated development in the surrounding area. As conditioned, the project will not create traffic disruption in the area and proper on-site circulation will not be compromised. d. Adequate utilities and public services will be available to serve the proposed use as well as existing and anticipated development in the surrounding area. The proposed use is consistent with similar uses in the vicinity. e. The proposed use will not produce results detrimental to the public health, safety, or welfare and will not be injurious to other properties in the vicinity. Adequate buffering elements and operation conditions have been incorporated to prevent negative impacts onto surrounding properties or nearby residentially zoned properties. Prepared by: Approved by: Jennifer Wallis, Assistant Planner Joel W. Rosen, AICP, Community Development Director Presented by: Jennifer Wallis, Assistant Planner ATTACHMENTS: Proposed Resolution Memo from Police Department dated February 7, 2013 Vicinity Map Development Plans srcu13-009 AGENDA ITEM NO. 3 RESOLUTION NO. CONDITIONAL USE PERMIT NO. CU13-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF CONDITIONAL USE PERMIT NO. CU13-009, TO EXPAND AN EXISTING SERVICE STATION CONVENIENCE MARKET TO 1,530 SQ. FT. INCLUDING A 215 SQ. FT. ADDITION AND CONVERTING 820 SQ. FT. OF SERVICE BAY AND ESTABLISHMENT OF THE SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION WITH ARCHITECTURAL AND SITE IMPROVEMENTS AT 7760 CRESCENT AVENUE (APN:135101-23) IN THE CG (COMMERCIAL) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Jahanpanah Jahangiri, property owner, 7760 Crescent Avenue, Buena Park, CA 90620 and CJC Design, Inc, the project proponent, 140 N. Maple Street #101, Corona, CA 92880, have filed an application for issuance of Conditional Use Permit No. CU13-009 to expand an existing convenience market to 1,530 sq. ft. including a 215 sq. ft. addition and converting 820 sq. ft. of service bay and establishment of the sale of beer and wine for off-site consumption with architectural and site improvements at 7760 Crescent Avenue (135-101-23), Buena Park, California, in the County of Orange. Hereinafter in this Resolution, the subject request is referred to as the “application”. (ii) On June 26, 2013, this Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. (iii) B. All legal prerequisites to the adoption of this Resolution have occurred. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Buena Park as follows: 1. The Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced hearing, including written staff reports, verbal testimony, business plan, and development plans stamped “RECEIVED MAY 22 2013 PLNG. DIV.”, this Commission hereby specifically finds as follows: Resolution No. Conditional Use Permit No. CU13-009 June 26, 2013 a. The renovated gasoline station with expanded convenience store is consistent with the City’s General Plan and Zoning Ordinance, since the project will meet applicable development standards as well as exhibit use and performance characteristics consistent with adjacent properties and area development, as conditioned. b. The site is adequate in size, shape, topography, location, utilities and other factors, to accommodate the renovated gasoline station with expanded convenience store. Based on distance and buffering from nearby residences as well as operation restrictions and associated improvements, as conditioned, there will be no conflicts or incompatibility created by the proposed use. c. Adequate street access and traffic capacity will be available to serve the proposed use as well as existing and anticipated development in the surrounding area. As conditioned, the project will not create traffic disruption in the area and proper on-site circulation will not be compromised. d. Adequate utilities and public services will be available to serve the proposed use as well as existing and anticipated development in the surrounding area. The proposed use is consistent with similar uses in the vicinity. e. the public health, safety, or vicinity. Adequate buffering to prevent negative impacts properties. The proposed use will not produce results detrimental to welfare and will not be injurious to other properties in the elements and operation conditions have been incorporated onto surrounding properties or nearby residentially zoned 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 and business/operation plan stamped “RECEIVED MAY 22 2013 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: Page 2 Resolution No. Conditional Use Permit No. CU13-009 June 26, 2013 PUBLIC WORKS: 1. Owner/Developer shall provide the Public Works Department with an Ownership Certificate for grading, prior to issuance of building permits. 2. Property owner shall dedicate to the public an easement for street purposes as follows: A 20-feet by 20-feet corner cut-off at the northwest of the project parcel 3. All existing public facilities in conflict with new improvements shall be relocated at no cost to the City. Property owner shall dedicate, or cause to be dedicated all easements needed to accommodate the relocation, modification or installation of facilities to be maintained by the City or any public utility company. 4. New public improvements to include the following: A. Remove the existing westerly driveway approach along the Crescent Avenue frontage and construct new sidewalk, curb and gutter to match existing improvements. B. Remove the existing easterly dustpan type driveway approach along the Crescent Avenue frontage and construct a new 35-feet wide curb return type driveway approach per City Standard 213. C. Remove the existing northerly driveway approach along the Grand Avenue frontage and construct a 15-feet wide egress only driveway approach per approved site plan. D. Remove the existing southerly dustpan type driveway approach along the Grand Avenue frontage and construct a new 35-feet wide curb return type driveway approach per City Standard 213. E. Construct a new concrete sidewalk within the corner cut-off area per City Standard 206. 5. 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. 6. Applicant shall pay a sewer connection fee per the latest ordinance of the Orange County Sanitation District prior to occupancy of the building. 7. All trash collection services needed during construction or after project completion shall be obtained from the City’s authorized provider. 8. 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. Page 3 Resolution No. Conditional Use Permit No. CU13-009 June 26, 2013 9. 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. 10. 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. 11. Prior to commencement of the approved use, these conditions and all improvements required by the Public Works Department shall be completed to the satisfaction of the City Engineer. FIRE DEPARTMENT: The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified. Prior to concealing construction: Fire Sprinkler System (Service Codes PR430-PR455), if the building is currently sprinklered and the system requires modification. 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. PLANNING DIVISION: 1. This approval shall be to expand an existing service station convenience market to 1,530 sq. ft. including a 215 sq. ft. addition and converting 820 sq. ft. of service bay and establishment of the sale of beer and wine for off-site consumption with architectural and site improvements at 7760 Crescent Avenue, in substantial compliance with plans stamped “RECEIVED MAY 22 2013 PLNG. DIV.”, except as modified herein. 2. The building and site design shall be consistent with plans stamped “RECEIVED MAY 22 2013 PLNG. DIV.,” with exact design details and specifications subject to Planning Division approval. Color and material samples shall be submitted to the Planning Division for review and approval prior to issuance of building permits. The following architectural and site amenities shall be included: Page 4 Resolution No. Conditional Use Permit No. CU13-009 June 26, 2013 a. b. c. d. e. New stucco exterior finish with decorative stucco band to be a minimum 8 in. width on all four elevations Decorative stacking stone veneer on all four elevations and all facade columns Anodized aluminum storefront systems with clear glazing Decorative awnings Decorative gooseneck lighting fixtures 3. The sale of beer and wine for off-site consumption shall be incidental to the operation of the gasoline station with 1,530 sq. ft. convenience store. 4. All alcoholic beverages shall be prepackaged; individual sales of single cans or bottles of beer are not permitted. 5. All refrigerated coolers containing alcoholic beverages shall be secured and locked between 2 a.m. to 6 a.m. Exact design and method of securing the coolers shall be reviewed and approved by the Director of Community Development. 6. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. 7. The applicant shall post and maintain a professional quality sign within the premises parking lot that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be 2 sq. ft. in size with 2 inches block lettering. The sign shall be in English and Spanish. Exact configuration and text of the sign shall be reviewed and approved by the Police Department. 8. A security plan shall be prepared by the applicant and approved by the Chief of Police prior to establishment of the approved use, and implemented at all times. The approved Security Plan shall include the following: (1) A 24-hour alarm system shall be installed for the 1,530 sq. ft. convenience market. (2) Security lighting shall be installed on all elevations of the subject building in order to preclude loiterers on the subject property. (3) High resolution security surveillance cameras shall be installed inside and outside the convenience market. Page 5 Resolution No. Conditional Use Permit No. CU13-009 June 26, 2013 Said security plan shall be submitted to the Police Chief on an annual basis and may require modifications in order to maintain appropriate safety and security for the subject business and surrounding commercial uses within area including requiring licensed and uniformed security personnel. 9. Within six months of commencement of operations, a status report on compliance with the conditions of approval shall be submitted to the Planning Commission. If conditions of approval violations are found or there are an unusually high number of calls for Police service a noticed public hearing will be scheduled with the Planning Commission to determine if additional or modified conditions are necessary to maintain the public health, safety and welfare. 10. No signs or displays advertising beer and wine shall be permitted on the exterior of the building. 11. All glass storefronts shall remain free and clear of any type of window displays or signage at all times. Windows shall not be tinted, coated, obstructed, or otherwise obscured, in order to provide adequate safety enforcement surveillance into the facility. Furthermore, any interior signs or graphics shall not be displayed in such a manner as to be visible from outside the establishment. 12. The proposed awnings shall be constructed of fabric, metal or fiberglass. Material samples shall be reviewed and approved by the Planning Division before issuance of building permits. Alternatively, the applicant shall be permitted to use reinforced vinyl awnings provided said material has a listed life, from the manufacturer, of at least five (5) years. Additionally, the awnings shall be maintained and/or replaced on a regular basis to not be faded, stained, or tattered at any time as requested by the City. 13. All parking areas and driveways shall be paved and striped as shown on the approved plan. Installation of speed bumps shall not be permitted within required fire lanes, access drives, or driveways of the proposed project. The landscaped setback shall be maintained at the perimeter of all parking areas fronting a public street, except at access drives and walks. 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. 14. All lighting and illuminated signs shall be designed to prevent glare upon streets, walkways, and surrounding residential property. Lighting shall comply with applicable ordinance standards including functional and aesthetic criteria. The required lighting levels and fixture design shall be approved by the Planning Division before permits are issued. 15. All signs shall conform to the Zoning and Sign Ordinances of the City and require separate approval. Signs are not permitted to be installed on the building fascia or roof-mounted. The development shall be limited to a total of one (1) Page 6 Resolution No. Conditional Use Permit No. CU13-009 June 26, 2013 monument sign to include gasoline pricing signs and one (1) wall sign and logo for each building frontage facing a street. The design of the monument sign shall complement the architecture of the building. Final design and location of monument sign shall be reviewed and approved by the Planning Division prior to installation. 16. No portable signs shall be permitted at all times. 17. No product or special sale signs shall be permitted on the building or fueling canopy. 18. All storage shall be within the building. 19. Outdoor display of merchandise shall not be permitted on the property. 20. All outdoor trash storage bins shall be screened from view by block trash enclosures with overhead doors and personnel door. Such structures shall be designed, in coordination with the architectural design of the building including materials and coloration. The final design and placement shall be subject to review and approval by the Planning Division, Building Division, and Fire Department. 21. All required double check valve assemblies located within the front yard or within the public view shall be located below grade. 22. All required new utility services shall be underground. All required utility services and equipment, including transformers, gas meter, “J” boxes, and similar devices shall be located below grade or shall be screened from view by ornamental masonry walls. The placement and treatment of all screening devices shall be subject to review and approval of the Planning Division. In addition to said walls, landscaping may also be required as a solution for screening. A preliminary electrical equipment plan, which is prepared by the Southern California Edison Company, shall be reviewed and approved by the City Planning Division prior to the issuance of building permits. The applicant is required to return City approved red line prints to the Southern California Edison Company Planning Department, for preparation of final construction drawings. The location of other utility companies’ appurtenances and meters shall be submitted to the City Planning Division for review and approval prior to installation. 23. No roof-mounted mechanical equipment shall be permitted unless screened by building parapet walls. 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. 24. 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. Page 7 Resolution No. Conditional Use Permit No. CU13-009 June 26, 2013 25. Plans submitted for plan check shall include all existing areas of landscaping to be revitalized as well as new landscaping that consists of a variety of trees (24” box size min.), shrubs (5 gal. min.) and ground covers, consistent with Landscape Concept Plan stamped “RECEIVED MAY 22 2013 PLNG. DIV.” Ground cover shall include areas of sodded or hydroseeded turf. 26. The approved use shall maintain a business license as required by the Buena Park City Code prior to establishment of the use. 27. 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. 28. This Conditional Use Permit 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. 29. The use authorized by this Conditional Use Permit shall be commenced or construction necessary and incidental thereto shall be started within one (1) year of the expiration of the appeal period and thereafter diligently advanced until completion of the project. 30. 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. 31. Prior to commencement of the approved use, these conditions and all improvements shall be completed to the satisfaction of the City. 32. The applicant shall indemnify, defend and hold harmless City, its officers, agents, and employees from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit and from any and all claims and losses occurring or resulting to any person, firm, corporation, or property for damage, injury, or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated hereinabove shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. Page 8 Resolution No. Conditional Use Permit No. CU13-009 June 26, 2013 PASSED AND ADOPTED this 26th day of June 2013 by the following called vote: AYES: COMMISSIONER: NOES: COMMISSIONER: ABSENT: COMMISSIONER: ABSTAINED: COMMISSIONER: _________________________ Richard McGuire Chair ATTEST: ______________________________ Joel W. Rosen Secretary AFFIDAVIT OF ACCEPTANCE: I/We do hereby accept all of the conditions contained in this document and all other conditions imposed by Conditional Use Permit No. CU13-009 and do agree that I/We shall conform with and abide by all such conditions. Date:____________________ ____________________________ Applicant’s Signature recu13-009 Page 9 h Beac ev Boul Grand Avenue City of Buena Park Planning Commission June 26, 2013 CU13-009 Project Vicinity Map a rd Crescent Avenue