agenda - Buena Park

Transcription

agenda - Buena Park

AGENDA
Planning Commission
MEETING DATE AND TIME:
MEETING LOCATION:
June 12, 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 May 8, 2013
Meeting of May 22, 2013 (Adjourned Meeting)
RECOMMENDED ACTION:
Approve
==========================END OF CONSENT CALENDAR =========================
Planning Commission Agenda
June 12, 2013
Page 2
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.
3.
PROPERTY OWNER:
House of Imports, Inc./Autonation
200 SW 1st Avenue, Suite 1400
Ft. Lauderdale, FL 33301
APPLICANT:
Stantec Architecture
c/o Larry Tidball
38 Technology Drive
Irvine, CA 92616
RECOMMENDED ACTION:
Adopt Resolution of Approval
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.
PROPERTY OWNER:
Samsung Development Company, Ltd.
655 Keeaumoku Street, Suite 202A
Honolulu, HI 96814
APPLICANT:
La Capitaine Hookah Lounge
c/o Hathal Mohammed
8558 Beach Boulevard
Buena Park, CA 90620
RECOMMENDED ACTION:
Planning Commission Agenda
June 12, 2013
Page 3
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.
PROJECT PROPONENT:
City of Buena Park
RECOMMENDED ACTION:
PRESENTATION:
5.
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:
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 Ave. in the ACSP (Auto Center Specific Plan) zone.
STAFF REPORTS:
COMMISSION REPORTS:
ADJOURNMENT:
pcag061213
Minutes of the Planning Commission Meeting of May 8, 2013
Vol. 28 - Page No.
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CITY OF BUENA PARK
MINUTES OF CITY PLANNING COMMISSION
May 8, 2013
The regular meeting of the Planning Commission of the City of Buena Park convened at
7:00 p.m. on May 8, 2013, in the City Council Chamber, 6650 Beach Boulevard, Buena
Park, California with Chair McGuire presiding.
PRESENT: COMMISSIONERS:
Barstow, Capelle, Diep, Gonzales, Schoales,
and McGuire
ABSENT:
Chung
COMMISSIONER:
ALSO PRESENT:
Joel W. Rosen, AICP, Community Development Director
Jay Saltzberg, Planning Manager
Michael Ressler, Senior Planner
Jennifer Wallis, Assistant Planner
Nabil Henein, Deputy City Engineer
Craig Fox, Deputy City Attorney
Ruth Santos, Department Head Secretary
CONSENT CALENDAR: (Item 1)
1.
APPROVAL OF MINUTES
April 24, 2013
RECOMMENDED ACTION:
Approve
The MOTION CARRIED unanimously.
======================= END OF CONSENT CALENDAR====================
NEW BUSINESS:
2.
SITE PLAN NO. SP13-003
A request to construct a new 9,984 sq. ft. commercial building with parking and site
improvements located at 7886 Valley View Street within the CS (Community
Shopping) zone.
PROPERTY OWNER:
Hinds Investment LP
c/o Gregory Hinds
9720 Wilshire Blvd., Suite 204
Beverly Hills, CA 90212
APPLICANT:
Henderson Architectural Group, Inc.
c/o Darin Bratvold
1463 North Van Ness Avenue
Fresno, CA 93728
Vol. 28 - Page No.
5471
In reply to Chair McGuire, Ms. Santos stated that staff had received no written
communication on the item.
The staff report was introduced by Jennifer Wallis, Assistant Planner. The subject vacant
property was formerly developed with a 9,960 sq. ft. multi-tenant commercial building
demolished in 2011 to permit soil remediation due to contamination from the former Top Hat
Cleaners within the building. The property to the north is zoned RM-20 (Multi-Family
Residential) and developed with an apartment complex. The properties to the east and
south are zoned RS-6 (One-Family Residential) and developed with single-family homes.
The property to the west is in the City of La Palma and developed with a shopping center.
Staff recommends that the Planning Commission adopt the attached Resolution approving
Site Plan No. SP13-003 with findings of fact and conditions.
The property under application is located in the shopping center on the northeast corner of
Valley View Street and La Palma Avenue, excluding the corner gas station, with street
frontages of approximately 400 ft. along Valley View Street and 465 ft. along La Palma
Avenue, with a total land area of approximately 8.1 acres. The property is part of a multitenant shopping center, with shared access, circulation, and parking, featuring Fresh and
Easy, Smart & Final, as well as Taco Bell, In-N-Out, and El Pollo Loco drive-through
restaurants. The former 9,960 sq. ft. multi-tenant building between Fresh and Easy and
Smart and Final was originally approved in 1966 through Conditional Use Permit CU-220.
In 1985, Variance No. V-1012 was approved to allow the 5.74 acre integrated shopping
center to be divided into seven parcels with deviations from minimum area, width and
frontage requirements.
The submitted application and plans propose a 9,984 sq. ft. commercial fitness building and
associated site improvements. As proposed, the new commercial building will be located
slightly east of the original building location to provide additional parking in front of the
building. As submitted, plans for the new building depict a single tenant space, but
incorporate design features within the front window system to allow for new tenant
entrances as well as panels to the rear to allow for exiting if the proposed fitness tenant
leaves and the building is subdivided.
The building features a tan stucco exterior finish with reveals, bronze anodized aluminum
storefront system with metal framed canopies, and multi-dimensional cornice treatment
along the parapet of the building. The building abuts the Fresh and Easy and Smart and
Final buildings. The rear of the building will have a stucco finish with reveals. An access
gate will secure the exterior corridor on the south side of the building which provides access
to the roof and electrical room. The main tenant entry will be located to the front of the
building with limited employee and emergency access to the rear. The design of the new
building allows for an additional 14 parking spaces in front of the building, with the Code
required 420 parking spaces provided for the entire integrated center.
Section 19.128.040 of the City Code requires Planning Commission review and approval for
development of the new 9,984 sq. ft. commercial building and associated site improvements
via the Site Plan Review process. After reviewing the applicant’s request and plans as well
as visiting the site, Staff is of the opinion that the proposed commercial building can be
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accommodated without negatively affecting the site and surrounding properties. The
proposed building and site improvements are similar in size and configuration to the original
building and will increase the economic viability of the site and surrounding area.
The proposed building and site improvements meet the requirements of the City Code
including setbacks, access, parking, circulation, landscaping, and design, as conditioned.
Once completed, the site will provide an additional 14 parking spaces and maintain total of
421 parking spaces for the integrated center, as required by Code.
In regards to the architectural design of the proposed building, Staff feels that the proposal
will complement the existing commercial development within the center including the recent
rehabilitation of Fresh and Easy and the newer Starbucks adjacent to Valley View Street.
The proposed building has been designed to successfully integrate the subject property into
the surrounding commercial development pattern.
The project is Class 3, Section 15303, categorically exempt from CEQA.
No public hearing notice is required for this application.
Chair McGuire asked if there were any questions of staff.
Commissioner Schoales asked about the access walkway on the south side of the building
between Smart & Final and the proposed building.
Ms. Wallis said an access gate will secure the exterior corridor on the south side of the
building leading to the roof and electrical room. The main customer entry will be at the front
of the building with limited employee and emergency access to the rear.
Commissioner Gonzales noted the ample parking in the rear and suggested retention of
rear access for customers should the need arise.
In response to Chair McGuire, Ms. Wallis said that use of the back parking area is being
considered.
Commissioner Gonzales asked if the proposed project meets the Code requirement for
restroom facilities.
Ms. Wallis said the proposed building meets Code requirement for restroom facilities.
Chair McGuire said that this is not a public hearing. However, if there is anyone wishing to
speak on the item, please come forward and state their name and address for the record.
There being no one 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 Site Plan No. SP13-003 with findings of fact
and conditions therein.
AYES:
6
COMMISSIONERS:
NOES:
0
COMMISSIONER:
ABSENT:
1
COMMISSIONER:
ABSTAIN:
0
COMMISSIONER:
Vol. 28 - Page No.
5473
Capelle, Schoales, Barstow, Diep, Gonzales,
and McGuire
Chung
RESOLUTION NO. 5867
SITE PLAN NO. SP13-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF SITE PLAN
NO. SP13-003 TO CONSTRUCT A NEW 9,984 SQ. FT. COMMERCIAL
BUILDING WITH PARKING AND SITE IMPROVEMENTS LOCATED AT
7886 VALLEY VIEW WITHIN THE CS (COMMUNITY SHOPPING) ZONE,
AND MAKING FINDINGS IN SUPPORT
PUBLIC HEARING:
3.
CONDITIONAL USE PERMIT NO. CU-1089M1
A request for modification to an existing Conditional Use Permit to remodel an existing
restaurant building including 1,248 sq. ft. expansion and site modifications to accommodate
Farrell’s Ice Cream Parlour and Restaurant including sale of beer and wine for on-site
consumption at 8650 Beach Boulevard within the CG (Commercial General) zone and
Beach/Crescent Architectural Overlay.
PROPERTY OWNER:
Bengard-Foothill, LLC
c/o Tyler Bengard
3912 Calle Ariana
San Clemente, CA 92672
APPLICANT:
Keisker and Wiggle Architects, Inc.
26961 Camino de Estrella, Suite 200
Capistrano Beach, CA 92624
The staff report was introduced by Michael Ressler, Senior Planner. The property is zoned
CG (Commercial General) and developed with Carrows Restaurant and associated site
improvements. The properties to the west, across Beach Boulevard, are zoned RS-6 (OneFamily Residential) and developed with single-family homes. The property to the north is
zoned CG and developed with an integrated shopping center. The properties to the east,
across Stanton Avenue, are zoned CG and developed with the Dorado Senior Apartments
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and the Days Inn motel. The property to the south, across Stanton Avenue, is zoned CG
and developed with a multi-tenant retail development.
Conditional Use Permit No. CU-1089M1 with findings of fact and conditions. .
The property under application is located within an integrated commercial center
encompassing three separate parcels. The 1.22 acre, irregularly shaped subject parcel is
located on the northeast corner of Stanton Avenue and Beach Boulevard. The property was
developed with a 5,917 sq. ft. Bob’s Big Boy restaurant in 1967 via Variance No. V-525,
currently operating as Carrows. The property maintains an agreement for shared access,
circulation, and parking with the adjacent commercial development to the north.
On August 26, 1992, the Planning Commission approved Conditional Use Permit No. CU1089 for on-site sale and consumption of beer and wine within the full service restaurant.
Minor exterior modifications were also approved to transition the restaurant from Bob’s Big
Boy to Carrows.
The submitted application and plans propose to remodel the existing restaurant building
including a 1,248 sq. ft. expansion and site modifications to accommodate Farrell’s Ice
Cream Parlour and Restaurant including sale of beer and wine for on-site consumption.
The restaurant floor plan has been configured to accommodate a main dining room seating
154 persons, banquet room seating 82 persons, as well as fountain station, candy store,
game area, kitchen, and storage area. The proposed 1,248 sq. ft. addition to the northeast
corner of the building will provide ADA restrooms, employee locker room, storage, and walkin cooler/freezer. Proposed hours of operation for the restaurant will be 11:00 a.m. to 11
p.m. daily. The existing Carrows Restaurant maintains an active ABC license for on-site
sale and consumption of beer and wine. The applicant is proposing to continue on-site sale
and consumption of beer and wine as part of Farrell’s Ice Cream Parlour and Restaurant
operation.
Architecturally, the proposed building remodel has been designed to reflect the “Old
Farrell’s” corporate image, exhibiting an “Early Americana” style to resemble an old fashion
ice cream parlor. The submitted plan indicates modified building façades with new parapet
walls to alter the building’s massing and form while creating a new main entrance at the
south elevation of the building.
The enhanced building façades will primarily feature
painted wood siding split-face block, and stucco, enhanced with arched moldings, columns
with decorative cladding, and ornamental globe light fixtures. The renovated and expanded
building will be painted the Farrell’s corporate color theme with red, grey and white façade
and blue roof featuring architectural accent LED light bands.
Ingress and egress to the site will continue to be provided by two driveways along Stanton
Avenue and two driveways along Beach Boulevard. The northerly driveways are shared
with the adjacent commercial center to the north. The parking lot will be reconfigured to
accommodate the new building addition and enhanced with new landscape planters and
walkways around the building. A new trash compactor will be screened by a 9 ft. tall splitface block wall. Once completed, the existing site landscaping will be rehabilitated to
complement the renovation of the site.
The City of Buena Park Zoning Ordinance requires Planning Commission review and
approval via the Conditional Use Permit process to remodel and expand the existing full
Vol. 28 - Page No.
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service restaurant building to accommodate Farrell’s Ice Cream Parlour and Restaurant
including the sale of beer and wine for on-site consumption. Modification of the Conditional
Use Permit is required to assess any potential impact on the site and surrounding area as
well as to ensure continued land use compatibility.
In reviewing the applicant’s request, staff reviewed plans and visited the site and
surrounding area and is of the opinion that the facility and site are adequate to support the
proposed architectural renovation and expansion of the restaurant with continued sale of
alcohol for on-site consumption without negatively impacting the subject and surrounding
properties. The new Farrell’s Ice Cream Parlour and Restaurant serving beer and wine for
on-site consumption will occupy and expand the existing restaurant building serving beer
and wine. Since the site is surrounded by Beach Boulevard, Stanton Avenue, and a
commercial center to the north, there is adequate separation from the nearest single-family
residential neighborhood that is located to the west, across Beach Boulevard. The sale of
alcohol for on-site consumption is considered to be a typical amenity for a restaurant of the
proposed character. As conditioned, the sale of sale of alcohol for on-site consumption will
continue to be incidental to the full service restaurant use.
The proposal has been
reviewed by the City’s Police Department which has no comments or concerns about the
project.
The proposed restaurant remodel, expansion, and associated site improvements, as
conditioned, comply with the Zoning Ordinance requirements for circulation, access,
landscaping, parking, and building design. Once completed, the site will maintain 81
parking spaces, exceeding the Code prescribed 74 parking spaces. The four existing
driveways will continue to provide appropriate access to the site and the adjacent
commercial center to the north. Regarding building architecture, the site is located within
the Beach/Crescent Architectural Overlay zone which encourages modern interpretation of
classic building forms and shapes that have been blended to create a distinct architectural
flavor. Staff feels that the proposed old fashion ice cream parlor design complements other
Early Americana style buildings in the area while meeting the Beach/Crescent Architectural
Overlay zone criteria for high quality gateway City entry landmark architecture.
The proposed Farrell’s Ice Cream Parlour and Restaurant will assist in advancing the long
term vision for this area along Beach Boulevard as identified in the City’s General Plan. The
property is located at the southerly entry to the Entertainment Corridor Focus Area which is
envisioned as a pedestrian-friendly and tourist-oriented destination that connects Knott’s
Berry Farm to the Mall and other visitor serving uses along Beach Boulevard. The 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 proposed Farrell’s Ice Cream Parlour and
Restaurant will complement the vision for this area by providing a premier entertainmentfocused dining opportunity at the key southerly city entry along Beach Boulevard. Based on
the limited number of locations in Orange County, Farrell’s old fashion themed ice cream
parlor will become a regional destination for tourists as well as residents.
Notice of public hearing was posted at City Hall, the Buena Park Library, and Ehlers
Community Recreation Center on April 25, 2013, and approximately 28 notices were mailed
to property owners within a 300 ft. radius of the subject property on April 25, 2013.
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Chair McGuire said he visited the site last Saturday and observed, as he exited to Beach
Boulevard from the driveway on the north side of the building, that part of the building
blocks the view of the street. He suggested that the columns proposed to be modified do
not further protrude, possibly causing safety hazards.
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.
Gary Wiggle, Wiggle Architects, Inc., applicant, 26961 Camino de Estrella, Suite 200,
Capistrano Beach, CA 92624, said the columns will be modified to reduce the amount of
projection.
Michael Fleming, CEO, Farrell’s, 23 Rancho Circle, Lake Forest, CA 92630, said the
proposed project will be their seventh restaurant. They plan to open the Buena Park
Farrell’s on September 13, 2013 to celebrate Farrell’s 50th anniversary. The project will add
about 150 jobs to the City, full-time and part-time. Farrell’s works closely with the
community through various charity events and involvement in other community projects.
Commissioner Capelle asked if the proposed project will include “The Zoo,” one of Farrell’s
renowned attractions.
Mr. Fleming said “The Zoo” will be part of the proposed project.
Vice Chair Barstow asked about the restaurant’s accommodations for customers with
disabilities who will be on the waiting line.
Mr. Fleming said Farrell’s has developed new technology to address this issue, which is
being tested in the Mission Viejo restaurant.
There being no one else 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 Barstow moved and Commissioner Gonzales seconded the motion to adopt
the following titled Resolution recommending Conditional Use Permit No. CU1089M1 with
findings of fact and conditions therein.
AYES:
6
COMMISSIONERS:
NOES:
0
COMMISSIONER:
ABSENT:
1
COMMISSIONER:
ABSTAIN:
0
COMMISSIONER:
Barstow, Gonzales, Capelle, Diep, Schoales,
and McGuire
Chung
Vol. 28 - Page No.
5477
RESOLUTION NO. 5868
CONDITIONAL USE PERMIT NO. CU-1089M1
BUENA PARK APPROVING A REQUEST FOR ISSUANCE OF
CONDITIONAL USE PERMIT NO. CU-1089M1, TO REMODEL AN
EXISTING
RESTAURANT BUILDING INCLUDING 1,248 SQ. FT.
EXPANSION AND SITE MODIFICATIONS TO ACCOMMODATE
FARRELL’S ICE CREAM PARLOUR AND RESTAURANT INCLUDING
SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION AT 8650
BEACH BOULEVARD WITHIN THE CG (COMMERCIAL GENERAL) ZONE
WITH THE BEACH/CRESCENT ARCHITECTURAL OVERLAY, AND
MAKING FINDINGS IN SUPPORT
4.
A request to establish, renovate, operate, and maintain a motel located at 8530 Beach
Boulevard within the CG (Commercial General) zone.
PROPERTY OWNER:
Pannam Corporation
4120 30th Street, Suite 202
San Diego, CA 92104-1953
APPLICANT:
BestHost Inn LLC
Michael Reazuddin
The staff report was introduced by Jennifer Wallis, Assistant Planner. The subject property
is developed as a motel. The property to the north, across Crescent Avenue, is zoned AR
(Amusement Resort) and developed with Knott’s Soak City. The properties to the south are
zoned CG (Commercial General) and developed with an integrated commercial center. The
property to the west, across Beach Boulevard, is zoned CG and developed with Walgreens
Pharmacy. The property to the east, across Stanton Avenue, is zoned CO (Commercial
Office) and developed with the Retail Clerks Union Hall. The properties to the northeast
across Stanton and Crescent Avenues are zoned RS-6 (One-Family Residential) and
developed with the single family homes.
Conditional Use Permit No. CU13-006 with the findings of fact and conditions listed therein.
The property is located on the south side of Crescent Avenue between Beach Boulevard
and Stanton Avenue with street frontages of 400 ft. on Crescent Avenue, 125 ft. on Beach
Boulevard and 125 ft. on Stanton Avenue with a land area of 1.43 acres. The site is
developed with the approximately 86 unit Crescent Motel which was originally approved in
1957 with 28 units within the two-story “Building A” under Use Permit No. U-297. The motel
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was expanded to the current configuration in 1983 to include a new three story “Building B”
under Conditional Use Permit No. CU-826 Rev. #1
On January 25, 2012, the Planning Commission held a public meeting to consider initiating
Conditional Use Permit (CUP) revocation proceedings for the Crescent Motel. Based on the
evidence provided at the meeting, the Planning Commission voted to initiate the CUP
revocation process.
On February 22, 2012, the Planning Commission held a public hearing regarding revocation
of Conditional Use Permit No. CU-826 Rev. #1, and based on the evidence and facts
presented, testimony, and discussion, the Planning Commission voted 7-0 in favor of
revocation and directed staff to prepare a resolution for revocation which was approved at
the Planning Commission meeting on March 14, 2012. The decision was appealed to the
City Council by the property owner in a request dated March 16, 2012.
On April 24th, May 8th and May 21, 2012, the City Council held public hearings to consider
an appeal of the Planning Commission revocation of Conditional Use Permit No. CU-826
Rev. #1. After hearing evidence, facts, testimony, and discussion, the Buena Park City
Council adopted Resolution No. 12735 (Attachment No. 2) approving Conditional Use
Permit No. CU-826 Rev. #1 Mod modifying the existing Conditional Use Permit for operation
of the Crescent Motel to include specific renovation and performance standards and
timelines
On July 10, 2012, the Buena Park City Council, held a public hearing regarding revocation
of Conditional Use Permit No. CU-826 Rev. #1 Mod., and based on the evidence and facts
presented, testimony, and discussion, the City Council determined that specific performance
timelines had not been met and adopted Resolution No. 12779 in favor of revocation of the
operation of the Crescent Motel and requiring cessation of all operations with 30 days.
The City Council revocation of Conditional Use Permit No. CU-826 Rev. #1 Mod. has since
been in litigation between the property owner and the City, with court proceedings stayed
pending this application.
In February 2013, property owner Loc Van Nguyen and Pannam Corp. entered into a 5 year
lease agreement, including an option to buy the property, with Michael Reazuddin and
BestHost Inn LLC. (“Lessee”) Prior to submittal of this application, Staff met with Michael
Reazuddin on multiple occasions regarding the Conditional Use Permit renovation and
operations requirements likely necessary to obtain a new CUP. Mr. Reazuddin also met
with the Police Chief and staff to discuss current operations and possible future
performance standards.
On March 20, 2013, the Lessee obtained a Building Permit for interior renovations including
replacing 48 windows, light fixtures & outlets, plumbing fixtures and making other
improvements such as installing new flooring and painting the entire second floor of
“Building B.” All of these improvements and renovations are anticipated to be completed by
May 15, 2013.
The Lessee has submitted the attached business plan (“Business Plan”) as part of the
application to establish, renovate, operate and maintain a motel. The Business Plan
indicates that the Lessee will perform a complete remodeling and rebranding of the motel to
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a AAA 2.5 Diamond standard, including exterior and interior enhancements, landscaping,
new covered drive-through entry if and where feasible, new continental breakfast
accommodations, laundry and exercise facilities, a business center as well as renovated
meeting space. The comprehensive new design and renovation proposed includes new
signage and a new identity for the motel. Interior renovations in progress feature the
following improvements within each guest room:
Removing existing popcorn ceiling texture and provide new knock-down texture in
guest rooms and bathrooms
Installing crown moldings
Installing energy-saving recessed lighting
Installing new vanity and bath light fixtures
Painting guest rooms, bathrooms and vanity areas
Installing new energy-saving sliding windows with locks
Refinishing doors and install new hardware, with security locks for entry doors
Installing mirrored wardrobe doors
Installing new plumbing fixtures in vanity sink and bathroom
Installing new shelves and curved shower rods in bathrooms
Installing utility shelves under vanity sinks and covering exposed pipes
Organizing space-maker shelves for coffee maker, microwave and refrigerator
Providing new aluminum door thresholds
Providing black granite carpet saver entry landings and vanity separation borders
Providing new carpet and matching carpet cove bases
Providing new guest room furniture, including lamps, drapes, sheers and linens
Providing digital safes, iron, iron boards, hair dryers with night lights and folding
vanity mirrors
The Lessee will also provide professional property management, meet performance
standards, requirements, and operation policies as contained in the Lessee’s business
plan. The Lessee will comply with guest registration and check-in procedures, guest
regulations, security provisions and vehicle/parking permits as described in the Business
Plan. The Lessee will also provide new complimentary shuttle and transportation
services to both the Anaheim and Buena Park resort areas. As part of this application,
the Lessee has agreed to a strict performance timeline that includes a soft opening with
new signage and branding as well as completion of “Building B” second floor
renovations by May 15, 2013 with completion of the remainder of “Building B” by
September 30, 2013. The second phase, including renovation of the original motel
“Building A” and the Grand Opening is anticipated to be completed by January, 31,
2014.
Section 19.512.010 of the City Code requires Planning Commission consideration via the
Conditional Use Permit process for approval to renovate, reestablish, operate and maintain
a motel at the site. Within the zone, hotels, motels, and motor hotels are eligible to operate
with a CUP in compliance with specific findings and subject to operating conditions. The
purpose of the Buena Park Zoning Code, which serves as the foundation for reviewing
Conditional Use Permit applications, is to “verify consistency with the General Plan of the
City of Buena Park and to ensure that the growth and development of the City is in a way
that is attractive, efficient and humane; and that the health, safety, prosperity, enjoyment,
and general welfare of those who reside, work, or visit in the City is served to the optimum
degree." (See BPZC Section 19.104.030)
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After meeting with the Lessee and reviewing the submitted application, Business Plan and
completed work to date, staff’s opinion is that the renovation, revitalization and operation of
the motel will be suitable for the property based on location near the intersection of three
major streets identified in the City’s General Plan at the south entry to the General Plan
Entertainment Corridor Focus Area, which provides for similar scale and intensity
developments intended to enhance tourism,. As described in the General Plan goals and
objectives, gateway entries are essential in shaping the City’s identity constituting a
strategic opportunity to provide a clear sense of arrival to Buena Park.
Staff has inspected all work and rooms currently being remodeled and has determined that
the quality of renovations comply with building and zoning code requirements. The Lessee
will be required to continue the current design and comply with City code requirements.
Staff supports the project as conditioned, requiring continued quality interior designs and
enhanced exterior elevations, with renovation and enhancements, including colors,
materials and architectural features, to create a harmonious and consistent theme between
the buildings and common areas of the motel. The comprehensive new branding and
renovation, including new motel signage, name and identity, including operating
requirements, will alleviate problems resulting from previously substandard conditions
associated with the motel that inhibited nearby economic revitalization and redevelopment.
Continued renovations and improvements to the property will contribute to revitalization of
the surrounding neighborhood and properties. The Lessee has demonstrated extensive
background and experience in hospitality management and marketing with a focus on
tourism services. Staff has confidence that the Lessee has the resources and abilities to
renovate the motel to the standards that have been conditioned. The Lessee has already
made significant renovation progress and has worked cooperatively with City staff and
neighbors.
The project is Class 1, Section 15301, categorically exempt from CEQA. Class 1 consists of
the operation, repair, maintenance, permitting, leasing, licensing, and minor alterations of
existing structures and facilities involving negligible or no expansion of use. This includes
interior and exterior alterations involving such things as interior partitions, plumbing,
mechanical and electrical conveyances as well as restoration or rehabilitation of
deteriorated or damaged structures to meet current standards of public health and safety
consistent with the submitted application.
Community Recreation Center on April 25, 2013, and 55 notices were mailed to property
owners within a 300 ft. radius of the subject property on April 25, 2013.
Vice Chair Barstow and Commissioner Diep asked how the applicant was able to eliminate
the vermin infestation problem at the motel.
Chair McGuire observed that although the presentation slide on Police Incident Reports
showed a significant decrease in calls-for-service, the graph did not include number of hotel
guests for each period.
Vol. 28 - Page No.
5481
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.
Michael Reazuddin, representing Best Host Inn, LLC, applicant, 8530 Beach Boulevard,
Buena Park, CA 90620, said he has been in the hospitality business for about 12 years. He
chose the site based on tremendous potential due to location next to Soak City, across
from Knott’s Berry Farm, and about five miles from Disneyland. He met with residents in
the vicinity of the site, and attended the neighborhood watch meeting. Mr. Reazuddin
described the renovations and improvements that have occurred and are in process at the
motel, and the marketing strategy to attract tourists.
Commissioner Gonzales asked about anticipated completion date of the proposed project.
Mr. Reazuddin said the projected completion date is January 2014.
Chair McGuire asked about plans for the exterior and color scheme for the motel.
Mr. Reazuddin said 32 palm trees were planted around the motel, and described the
enhanced exterior elevations, renovations, architectural features, and new motel signage.
The exterior building colors will be tan and yellow.
Commissioner Gonzales suggested new lighting fixtures be installed to replace the lion
statues that currently adorn the entrance to the motel.
In response to Vice Chair Barstow’s and Commissioner Diep’s questions about assurance
that past severe infestation problems have been completely resolved and will not recur,
Mr. Reazuddin said that the walls were stripped down completely, the popcorn ceiling
texture removed, and new knock-down texture provided in guest rooms and bathrooms.
Vice Chair Barstow said he also noted that, as conditioned, pest control certifications will be
submitted assuring that the premises are free from pests and vermin.
Mr. Rosen added that it is also conditioned for Staff to conduct a review of motel operations
six months after Planning Commission approval. A report shall be presented to the
Planning Commission twelve months after Planning Commission approval.
Rod Williams, 8501 Elm Circle, Buena Park, CA 90620, spoke in favor of the project and
expressed appreciation for City efforts to achieve transition of the property from both a
neighborhood and City problem to an asset.
Chelle Rupp, Director of Sales and Marketing, Knott’s Berry Farm, 8039 Beach Boulevard,
Buena Park, CA 90620, asked about the new name of the motel.
Chair McGuire confirmed that the new name of the motel is BestHost Inn.
There being no one else 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 Barstow seconded the motion to adopt
the following titled Resolution recommending Conditional Use Permit No. CU13-006 with
findings of fact and conditions therein.
AYES:
6
COMMISSIONERS:
NOES:
0
COMMISSIONER:
ABSENT:
1
COMMISSIONER:
ABSTAIN:
0
COMMISSIONER:
Vol. 28 - Page No.
5482
Capelle, Barstow, Diep, Gonzales, Schoales,
and McGuire
Chung
RESOLUTION NO. 5869
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF BUENA PARK APPROVING A REQUEST FOR
ISSUANCE OF CONDITIONAL USE PERMIT NO. CU13-006
TO ESTABLISH, RENOVATE, OPERATE AND MAINTAIN A
MOTEL LOCATED AT 8530 BEACH BOULEVARD WITHIN
THE CG (COMMERCIAL GENERAL) ZONE (APN 135-09125)
ORAL COMMUNICATIONS:
None
AGENDA FORECAST:
A request for modification to an existing Conditional Use Permit to establish body
and paint operations within an existing auto repair facility including minor interior and
exterior building modifications within the CM (Commercial Manufacturing) zone.
STAFF REPORTS:
Mr. Rosen reminded the Commissioners about the required Ethics training. He also asked
the Commissioners to save July 9 for the planned grand opening of Jamboree Housing.
Mr. Rosen updated the Commissioners on the status of Chipotle, the old Movieland
property, Olive Garden, and the parking agreements between Medieval Times and Pirates
Dinner Adventure.
COMMISSION REPORTS:
None
Vol. 28 - Page No.
5483
ADJOURNMENT:
At 8:00 p.m. Chair McGuire adjourned the meeting to the Planning Commission meeting on
Wednesday, June 12, 2013, in the City Council Chamber.
ATTEST:
__________________________
Joel W. Rosen, AICP
Secretary
______________________________
Richard McGuire
Chair
Vol. 28 - Page No.
5484
CITY OF BUENA PARK
MINUTES OF CITY PLANNING COMMISSION
May 22, 2013
Due to lack of quorum, the regular meeting of the Planning Commission of the City of
Buena Park on May 22, 2013, adjourned to the regularly scheduled Planning Commission
meeting on Wednesday, June 12, 2013, in the City Council Chamber.
___________________________
Richard McGuire
Chair
ATTEST:
________________________
Joel W. Rosen, AICP
Secretary
STAFF REPORT
Planning
Commission
REPORT
REPORT
REPORT
AGENDA ITEM NUMBER:
2
MEETING DATE:
June 12, 2013
CASE NUMBER:
Conditional Use Permit No. CU04-008M1
PROPERTY OWNER:
House of Imports, Inc.
200 SW 1st Avenue
Fort Lauderdale, FL 33301
APPLICANT:
Stantec Architecture
38 Technology Drive
Irvine, CA 92618
APPLICATION REQUEST:
A request to establish body and paint operations
within an existing automobile service center
including minor building modifications
PROPERTY LOCATION / APN:
6920 Stanton Avenue / 276-352-06
GENERAL PLAN /
ZONING DESIGNATIONS:
General Mixed Use /
CM (Commercial Manufacturing)
LAND USE CHARACTERISTICS:
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 singlefamily 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.
RECOMMENDATION:
Conditional Use Permit No. CU04-008M1 with the findings of fact and conditions listed therein.
AGENDA ITEM NO. 2
Planning Commission Staff Report
Page 2
APPLICATION ANALYSIS:
Background:
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. CU04-008
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.
Proposal:
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 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.
AGENDA ITEM NO.
2
Page 3
Discussion:
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.
ENVIRONMENTAL ASSESSMENT:
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 38 notices were mailed to property owners within a
300 ft. radius of the subject property on May 30, 2013.
FINDINGS OF FACT:
a.
The proposed body and paint operations within the existing automobile service center is
consistent with the City’s General Plan and Zoning Ordinance including circulation,
access, as well as buffering and separation from properties zoned for single family
residential development. As conditioned, the project meets all applicable development
standards and will exhibit use and performance characteristics consistent with the
adjacent properties and area development.
b.
The site is adequate in size, shape, topography, location, utilities and other factors, to
accommodate the proposed use, since the original development of the site was
designed to accommodate industrial uses of similar scale and intensity. Based on
restriction of site activities to limit intensity, as conditioned, there will be no conflicts or
incompatibility created by the proposed use.
AGENDA ITEM NO.
2
Page 4
c.
Adequate street access and parking will be available to serve the proposed use.
Stanton Avenue is fully improved and includes sufficient capacity to handle the traffic
generated. The project will not cause traffic disruption in the area and proper on-site
circulation will not be compromised.
d.
Adequate utilities and public services are or will be available to serve the proposed body
and paint operations as well as existing and anticipated development in the surrounding
area.
e.
The proposed body and paint operations within the existing automobile service center,
as conditioned, will not produce results detrimental to the public health, safety, or welfare
and will not be injurious to other properties in the vicinity. The facility will include
appropriate buffers from adjacent residential property as well as operation restrictions to
limit intensity, as conditioned, in compliance with applicable development standards.
Prepared by:
Approved by:
Presented by:
ATTACHMENTS:
1) Proposed Resolution
2) Vicinity Map
3) Development Plans
SRCU04008M1
AGENDA ITEM NO.
2
RESOLUTION NO.
CONDITIONAL USE PERMIT NO. CU04-008M1
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
A.
Recitals
(i)
House of Imports, Inc., the property owner, 200 SW 1st Avenue, Fort
Lauderdale, FL 33301, and Stantec Architecture, the project proponent, 38 Technology
Drive, Irvine, CA 92618, have filed an application for the issuance of a Conditional Use
Permit No. CU04-008M1 to establish body and paint operations within an existing
automobile service center including minor modifications at 6920 Stanton Avenue, Buena
Park, California (APN: 276-352-06) in the County of Orange. Hereinafter in this Resolution,
the subject Conditional Use Permit request is referred to as the “application”. This resolution
supersedes all previous approvals for this location.
(ii)
On June 12, 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 07 2013 PLNG. DIV.”, this Commission
hereby specifically finds as follows:
a.
The proposed body and paint operations within the existing
automobile service center is consistent with the City’s General Plan and Zoning Ordinance
including circulation, access, as well as buffering and separation from properties zoned for
single family residential development. As conditioned, the project meets all applicable
development standards and will exhibit use and performance characteristics consistent with
the adjacent properties and area development.
b.
The site is adequate in size, shape, topography, location,
utilities and other factors, to accommodate the proposed use, since the original
development of the site was designed to accommodate industrial uses of similar scale and
Resolution No.
June 12, 2013
intensity. Based on restriction of site activities to limit intensity, as conditioned, there will be
no conflicts or incompatibility created by the proposed use.
c.
Adequate street access and parking will be available to serve
the proposed use. Stanton Avenue is fully improved and includes sufficient capacity to
handle the traffic generated. The project will not cause traffic disruption in the area and
proper on-site circulation will not be compromised.
d.
Adequate utilities and public services are or will be available to
serve the proposed body and paint operations as well as existing and anticipated
development in the surrounding area.
e.
The proposed body and paint operations within the existing
automobile service center, as conditioned, will not produce results detrimental to the public
health, safety, or welfare and will not be injurious to other properties in the vicinity. The
facility will include appropriate buffers from adjacent residential property as well as
operation restrictions to limit intensity, as conditioned, in compliance with applicable
development standards.
3.
The Planning Commission hereby finds and determines that the
project identified above in this Resolution is categorically exempt from the requirements of
the California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder pursuant to Class 1, Section 15301 of Division 6 of Title 14 of the
California Code of Regulations.
4.
Based upon the findings and conclusions set forth in paragraphs 1, 2,
and 3, above, this Commission hereby approves the application subject to the plans
stamped “RECEIVED MAY 07 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:
FIRE AUTHORITY:
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 any permits or approvals:
Architectural (Service codes PR200-PR285), when required by the OCFA “Plan
Submittal Criteria Form”
Hazardous materials compliance and chemical classification (Service codes PR315PR328)
Hazardous equipment, processes, or operations (Service codes PR345-PR360)
Page 2
Resolution No.
June 12, 2013
BUILDING DIVISION:
1,
The project shall comply with California Title 24 Accessibility requirements.
2.
The project shall comply with Buena Park Municipal Code Title 15, California
Building Codes.
PLANNING DIVISION:
1.
This approval shall be for the establishment of body and paint operations within an
existing automobile service center including minor building modifications at 6920
Stanton Avenue and shall substantially comply with plans stamped “RECEIVED
MAY 07 2013 PLNG. DIV.” Operation of the auto repair facility including body and
paint operations shall only be incidental to the operation of a new and used car
dealership. All conditions of approval for Conditional Use Permit No. CU-1331 and
CU04-008 shall remain in full force and effect, except as specifically provided herein.
The site shall be used entirely for the automobile repair facility, as conditioned. No
portion of the site shall be leased to additional tenants.
2.
The color and finish of the new metal roll up door at the southeast corner of the
building shall match the existing metal roll up door on the building. Final location,
design, and color of said door shall be submitted to the Planning Division for review
and approval prior to issuance of building permits.
3.
All body and paint operations shall be performed within the building. The parking
and circulation area in front of the security gate shall not be used for display,
storage, or pick-up or drop-off of disabled cars.
4.
Vehicles associated with body and paint operations shall be kept in the building or
behind the walled portion of the site.
5.
The operation of the facility shall comply with the City Noise Ordinance.
6.
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.
7.
The proposed use shall maintain a business license as required by the Buena Park
City Code.
8.
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.
Page 3
Resolution No.
June 12, 2013
9.
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.
10.
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.
11.
These conditions and all improvements shall be completed to the satisfaction of the
City.
12.
The applicant shall indemnify, defend and hold harmless City, its officers, agents,
and employees from any and all claims and losses whatsoever occurring or resulting
to any and all persons, firms, or corporations furnishing or supplying work, services,
materials, or supplies in connection with the performance of the use permitted
hereby or the exercise of the rights granted herein, any and all claims, lawsuits or
actions arising from the granting of or the exercise of the rights permitted by this
Conditional Use Permit and from any and all claims and losses occurring or resulting
to any person, firm, corporation, or property for damage, injury, or death arising out
of or connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend, and hold harmless the City as stated hereinabove
shall include, but not be limited to, paying all fees and costs incurred by legal
counsel of the City's choice in representing the City in connection with any such
claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts,
court costs or attorneys' fees in any such lawsuit or action.
PASSED AND ADOPTED this 12th day of June 2013 by the following called vote:
AYES:
COMMISSIONER:
NOES:
COMMISSIONER:
ABSENT:
COMMISSIONER:
ABSTAINED:
COMMISSIONER:
_________________________
Richard McGuire
Chair
ATTEST:
________________
Joel W. Rosen, AICP
Secretary
Page 4
Resolution No.
June 12, 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. CU04-008M1 and do agree that I/We
shall conform with and abide by all such conditions.
Date:____________________
____________________________
Applicant’s Signature
RECU04-008M1
Page 5
City of Buena Park
June 12, 2013
Conditional Use Permit No.
CU04-008M1
Project Vicinity Map
200 SW 1ST AVE., 14TH FLOOR
FORT LAUDERDALE, FL 33301
STAFF REPORT
Planning
Commission
REPORT
REPORT
REPORT
AGENDA ITEM NUMBER:
3
MEETING DATE:
June 12, 2013
CASE NUMBER:
Conditional Use Permit No. CU13-007
PROPERTY OWNER:
Sam Sung Development
655 Keeaumoku St. #202 A
Honolulu, HI 96814
APPLICANT:
La Capitaine Hookah Lounge
Hathal Mohammed
A request to establish live entertainment, including
music, dancing and karaoke, at an existing hookah
lounge
within
a
multi-tenant
commercial
development
PROPERTY LOCATION / APN:
8558 Beach Boulevard / 135-09-31
GENERAL PLAN /
ZONING DESIGNATIONS:
Commercial / CG (Commercial General) with
Beach/Crescent Architectural Overlay
LAND USE CHARACTERISTICS:
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.
RECOMMENDATION:
Conditional Use Permit No. CU13-007 with the findings of fact and conditions listed therein.
AGENDA ITEM NO. 3
Page 2
Background:
The integrated development under application is generally located within the triangle between
Beach Boulevard, Stanton Avenue and Crescent Avenue, with street frontages of 550 ft. along
Stanton Avenue and 750 ft. along Beach Boulevard, and a total land area of 4.2 acres. In 1967,
the Planning Commission approved Variance No. V-525, to establish 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. multitenant 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 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.
Proposal:
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
AGENDA ITEM NO.
3
Page 3
additional security cameras on-site. The applicant will continue to provide the existing security
measures as part of this application.
Discussion:
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 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 Saturdays and Sunday.
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.
AGENDA ITEM NO.
3
Page 4
Summary
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.
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.
FINDINGS OF FACT:
a.
The hookah lounge with proposed live entertainment to include music, dancing, and
karaoke is consistent with the General Plan and Zoning Code. The project meets all
applicable development standards as well as exhibits use and performance
characteristics consistent with existing and intended area development. Sufficient
separation is provided from adjacent residential uses.
b.
The site is adequate in size, shape, topography, location, and other factors, to
accommodate the lounge with proposed live entertainment. Based on the distance and
buffering from nearby residences and operating restrictions, as conditioned, there will be
no conflicts or incompatibility created based on the ancillary nature of the proposed
associated use.
c.
Adequate street access and parking will be available to service the lounge with proposed
live entertainment. Adjacent streets are fully improved with sufficient capacity for traffic
generated by the project. The project will not cause traffic disruption in the area and
proper on-site circulation will not be compromised.
d.
Adequate utilities and public services are or will be available to serve the lounge with
proposed live entertainment as well as existing and anticipated development in the
surrounding area.
e.
The design of the lounge with proposed live entertainment will be compatible with the
intended character of the area. The lounge with proposed live entertainment will
continue to maintain compliance with design standards and requirements of the Zone to
ensure architectural and operational compatibility with surrounding development. The
proposal will not create a use inconsistent with existing and intended site and area uses
due to required operating conditions as well as site and building improvements.
AGENDA ITEM NO.
3
Page 5
Prepared by:
Approved by:
Presented by:
ATTACHMENTS:
1) Proposed Resolution
2) Memo to Police Department dated March 26, 2013
3) Letter with Business/Operations Plan dated March 12, 2013
4) Hookah/Smoking Lounge Conditions of Approval dated September 27, 2012
5) Vicinity Map
6) Development Plans
SRCU13-007
AGENDA ITEM NO.
3
RESOLUTION NO.
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.
A.
Recitals.
(i)
Sam Sung Development, the property owner, 655 Keeaumoku St. #202
A, Honolulu, HI 96814 and La Capitaine Hookah Lounge, Hathal Mohammed, the
project proponent, 8558 Beach Boulevard, Buena Park, CA 90620 have filed an
application for the issuance of Conditional Use Permit No. CU13-007 to establish live
entertainment, music, dancing and karaoke at an existing hookah lounge within a multitenant commercial development located at 8558 Beach Boulevard, Buena Park,
California, (APN: 135-091-31) in the County of Orange. Hereinafter in this Resolution,
the subject request is referred to as the “application”.
(ii)
On June 12, 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.
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 20 2013 PLNG. DIV.,”
this Commission hereby specifically finds as follows:
a.
The hookah lounge with proposed live entertainment to
include music, dancing and karaoke is consistent with the General Plan and Zoning
Code. The project meets all applicable development standards as well as exhibits use
and performance characteristics consistent with existing and intended area
development. Sufficient separation is provided from adjacent residential uses.
Resolution No.
June 12, 2013
b.
The site is adequate in size, shape, topography, location,
and other factors, to accommodate the lounge with proposed live entertainment. Based
on the distance and buffering from nearby residences and operating restrictions, as
conditioned, there will be no conflicts or incompatibility created based on the ancillary
nature of the proposed associated use.
c.
Adequate street access and parking will be available to
service the lounge with proposed live entertainment. Adjacent streets are fully improved
with sufficient capacity for traffic generated by the project. The project will not cause
traffic disruption in the area and proper on-site circulation will not be compromised.
d.
Adequate utilities and public services are or will be
available to serve the lounge with proposed live entertainment as well as existing and
anticipated development in the surrounding area.
e.
The design of the lounge with proposed live entertainment
will be compatible with the intended character of the area. The lounge with proposed
live entertainment will continue to maintain compliance with design standards and
requirements of the Zone to ensure architectural and operational compatibility with
surrounding development. The proposal will not create a use inconsistent with existing
and intended site and area uses due to required operating conditions as well as site and
building improvements.
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 20 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:
PLANNING DIVISION:
1.
This approval shall be for establishment of live entertainment, including music,
dancing, and karaoke at an existing hookah lounge within a multi-tenant
commercial development at 8558 Beach Blvd. in substantial compliance with
development plans and business/operational plans stamped ‘RECEIVED MAY
20 2013 PLNG. DIV.” DIV.,” except as modified herein.
Page 2
Resolution No.
June 12, 2013
2.
Closing hours of operation for the hookah lounge shall not exceed 12:00 a.m.
Sunday through Thursday, and 2:00 a.m. Friday and Saturday. No persons shall
remain on the premises or within the establishment after closing hours. Any
modification of closing hours shall require modification of this approval by the
Community Development Director in consultation with Police Chief via Minor
Modification of Conditions process.
3.
The applicant shall apply for and maintain an annual Entertainment Permit as
approved by the Community Development Department and Police Department
detailing permissible entertainment types in accordance with the provisions of
Chapter 5.24 of the Buena Park Municipal Code prior to commencing any
entertainment on the premises.
4.
No persons under eighteen (18) years of age shall be permitted within the
business.
5.
The on-site sale and consumption of alcoholic beverages shall be strictly
prohibited.
6.
All permitted live entertainment shall be performed within a maximum 300 sq. ft.
area within the hookah lounge as indicated on the entertainment plan stamped
“RECEIVED MAR 30 2013 PLNG. DIV.” Dancing shall be limited to a 400 sq. ft.
area centrally located within the hookah lounge and shall not impede required
access / egress and circulation within the hookah lounge. The applicant shall
submit a plan depicting the final location for live entertainment and dancing,
which shall be reviewed and approved by the Planning Division prior to
commencement of the performances.
7.
All permitted live entertainment shall be limited to the hours of 8:00 p.m. to 12:00
a.m. Sunday through Thursday and 8:00 p.m. to 2:00 a.m. Friday and Saturday.
All requests for live entertainment outside of the permitted times shall 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 shall not exceed thirty (30) events per year. Any modification of hours for
entertainment shall require modification of this approval by the Community
Development Director.
8.
The live entertainment shall be strictly limited to small bands with a maximum of
four (4) band members and three (3) singers, maximum five (5) choreographed
dance performances, and a maximum of two (2) string instrument players. Any
modification to the type of entertainment shall require modification of this
approval by the Community Development Director.
9.
Permitted live entertainment shall at all times be incidental to the hookah lounge
use. All entertainment activities shall be conducted only in conjunction with
regular hookah lounge activities. Entertainment shall not be offered at any time
hookah service is not available. All music and noise associated with the hookah
lounge and incidental entertainment shall be restricted to levels that meet all City
Noise Ordinance levels and shall not negatively affect the surrounding
properties.
Page 3
Resolution No.
June 12, 2013
10.
Any time that patron dancing is allowed within the premises, the establishment
shall have present at all times one or more security employees who are readily
identifiable as per Section 5.24.130 of the Buena Park Municipal Code.
11.
Staff shall conduct a review of approved entertainment uses six months after
Planning Commission approval. A report shall also be presented to the Planning
Commission twelve months after Planning Commission approval, including
notice to property owners within 300 ft., if needed.
12.
The business shall be owner-operated or otherwise exempt from the prohibition
of smoking in the workplace set forth in Labor Code § 6404.5.
13.
The entrance/exit door on the north building wall shall be kept closed at all times
and maintain required hardware for emergency exiting. . The north door shall be
restricted to employee entrance and exit only. No patrons shall utilize the east
door except in case of emergency. A sign shall be located adjacent to the east
door indicating that the patrons shall not enter or exit the premises through the
north door except in case of emergency.
14.
All business-related activities shall be conducted within a building. No outdoor
seating shall be permitted unless reviewed and approved by the Planning
Department for access and circulation. Operation of outdoor barbeques or
braziers or the lighting of coals or other heating devices shall not be permitted.
15.
No admittance fee, cover charge or requirement of any charge or minimum
payment as a condition of entry shall be permitted.
16.
No window coverings shall prevent visibility of the interior of the tenant space
from outside the premises during operating hours. Any proposed window tint
shall be approved in advance by the Buena Park Police Department.
17.
The interior of the business shall be maintained with adequate illumination to
make the conduct of patrons within the premises readily discernible to persons of
normal visual acuity.
18.
Adequate ventilation shall be provided for the heating of coals in accordance with
all requirements imposed by the Orange County Fire Authority or as otherwise
required by state or federal laws.
19.
In the case of a shared HVAC unit within an integrated building, the applicant
shall provide a separate contained unit for air circulation of the proposed tenant
space.
Page 4
Resolution No.
June 12, 2013
20.
The business shall maintain a business license as required by the Buena Park
City Code.
21.
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.
22.
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.
23.
The use authorized by this Conditional Use Permit shall be started within one (1)
year of the expiration of the appeal period.
24.
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.
25.
These conditions and all improvements shall be completed to the satisfaction of
the City prior to business operations.
26.
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 CUP 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 5
Resolution No.
June 12, 2013
PASSED AND ADOPTED this 12th 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. CU13-007 and do agree that I/We
shall conform with and abide by all such conditions.
Date:____________________
____________________________
Applicant’s Signature
recu13-007
Page 6
Attachment 5 of 6
Crescent Avenue
ch B
oule
vard
Stanton Avenue
B ea
City of Buena Park
Planning Commission
June 12, 2013
CU13-007
Project Vicinity Map
STAFF REPORT
REPORT
Planning
Commission
REPORT
REPORT
AGENDA ITEM NUMBER:
4
MEETING DATE:
June 12, 2013
CASE NUMBER:
Text Amendment No. C13-001
PROJECT PROPONENT:
City of Buena Park
To consider a recommendation to the City
Council to amend Zoning Code Sections
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,
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
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the proposed Resolution
recommending that the City Council approve Text Amendment No. C13-001.
Background:
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.
AGENDA ITEM NO. 4
Page 2
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 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 Statemandated “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.
AGENDA ITEM NO. 4
Page 3
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.
Proposal/Discussion:
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 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.
AGENDA ITEM NO. 4
Page 4
PUBLIC HEARING NOTICE:
Community Recreation Center on May 30, 2013 and published in the Buena Park
Independent on May 31, 2013.
Prepared by:
Approved by:
Presented by:
ATTACHMENTS:
1) Proposed Planning Commission Resolution
2) Proposed City Council Ordinance with Exhibit A
SRC13-001
AGENDA ITEM NO. 4
RESOLUTION NO.
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
A.
Recitals.
(i)
On January 22, 2013, the City Council conducted a Study Session
regarding required Zoning Ordinance revisions resulting from State law (Senate Bill 2).
At the conclusion of the Study Session, the City Council directed the initiation of a Text
Amendment to allow emergency shelters "by right" within Commercial zones with
specific development and operating standards.
(ii)
On June 12, 2013, the Planning Commission of the City of Buena Park
conducted a duly noticed Public Hearing to consider Text Amendment No. C13-001
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.
(iii)
The Planning Commission has reviewed and considered all elements of
the proposed Text Amendment No. C13-001 and concluded its public hearing prior to
adoption of this resolution.
(iv)
B.
Resolution.
NOW, THEREFORE, the Planning Commission of the City of Buena Park does
hereby find, determine, and resolve as follows:
1.
This Planning Commission hereby specifically finds that all the recitals,
Part A of this Resolution are true and correct.
Resolution No.
June 12, 2013
2.
This Planning Commission finds and recommends the City Council find
that Text Amendment No. C13-001 conforms to the City of Buena Park General Plan.
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).
3.
that Text Amendment No. C13-001, as specified in the attached draft City Council
Ordinance (Exhibit A), will promote the orderly development of the City and public
health, safety, and welfare by enhancing and maintaining sound and logical land use
and development practices.
4.
This Planning Commission finds and recommends that the City Council
find that Text Amendment No. C13-001 will not have a detrimental effect upon land
available for housing within the City. The proposed amendment will provide for
additional housing opportunities.
5.
that Text Amendment No. C13-001 is exempt from the California Environmental Quality
Act pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
6.
that facts supporting the above specified findings are contained in the staff report and
exhibits, and information provided to this Planning Commission during the public hearing
conducted with respect to the project.
7.
This Commission hereby recommends that the City Council of the City of
Buena Park approve and adopt the attached ordinance (Exhibit A) identified as Text
Amendment No. C13-001.
8.
The Secretary of this Commission shall:
a.
Certify to the adoption of this Resolution.
b.
Forthwith transmit a copy of this Resolution to the City Council of
the City of Buena Park together with all documents prepared with respect to these
considerations including proposed Text Amendment No. C13-001 and transcripts of any
and all hearings conducted with respect to the applications recommended for approval
therein.
Page 2
Resolution No.
June 12, 2013
PASSED, APPROVED, AND ADOPTED this 12th day of June 2013 by the following
called vote:
AYES:
COMMISSIONER:
NOES:
COMMISSIONER:
ABSENT:
COMMISSIONER:
ABSTAINED:
COMMISSIONER:
_________________________
Richard McGuire
Chair
ATTEST:
I, Joel W. Rosen, AICP, Secretary of the Planning Commission of the City of Buena
Park, California, do hereby certify that the foregoing Resolution No. _____ was passed
at a regular meeting of the Planning Commission of Buena Park, held on the 12th day of
June 2013.
________________________
Joel W. Rosen, AICP
Secretary
REC13-001
Page 3
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF BUENA PARK ADOPTING TEXT
AMENDMENT NO. C13-001 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
A.
Recitals.
(i)
On June 12, 2013, following a duly noticed public hearing as required by
law the Planning Commission of the City of Buena Park adopted Resolution No. _____
thereby recommending that the City Council adopt Text Amendment No. C13-001
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.
(ii)
On ____________, the City Council conducted and concluded a duly
noticed public hearing, to consider Text Amendment No. C13-001.
(iii)
The City Council has reviewed and considered all elements of the
proposed Text Amendment together with information contained in Planning Commission
Resolution No. ______, including all findings made by the Planning Commission, and
the testimony and other evidence received at said public hearing.
(iv)
B.
All legal prerequisites to the adoption of this Ordinance have occurred.
Ordinance.
NOW, THEREFORE, the Buena Park City Council hereby finds and ordains as follows:
Section 1.
true and correct.
The facts set forth in the Recitals, Part A, of this Ordinance are
Section 2.
The City Council has determined that this project is exempt from
the provisions of the California Environmental Quality Act, pursuant to § 15061 (b)(3) of
the CEQA Guidelines.
Ordinance No. ______
Page 2
Section 3.
This Council finds that Text Amendment No. C13-001 is
consistent with the goals of the City’s General Plan. The proposed amendment will
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 mandates as shown on Exhibit “A”.
Section 4.
Penalty for Violation.
It shall be unlawful for any person, firm, partnership or corporation to violate any
provision or to fail to comply with any of the requirements of this Ordinance. Any person,
firm, partnership or corporation violating any provision of this Ordinance or failing to
comply with any of its requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding one thousand dollars
($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and
imprisonment. Each and every person, firm, partnership, or corporation shall be deemed
guilty of a separate offense for each and every day or any portion thereof during which
any violation of any of the provisions of this Ordinance is committed, continued or
permitted by such person, firm, partnership or corporation, and shall be deemed
punishable therefore as provided in this Ordinance.
Section 5.
Civil Remedies Available.
The violation of any of the provisions of this Ordinance shall constitute a
nuisance and may be abated by the City through civil process by means of restraining
order, preliminary or permanent injunction or in any other manner provided by law for the
abatement of such nuisances.
Section 6.
Severability.
The City Council declares that, should any provision, section, paragraph,
sentence or word of this Ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction, or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall
remain in full force and effect.
Section 7.
The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be posted in a manner prescribed by law.
Ordinance No. ______
Page 3
PASSED AND ADOPTED this ___ day of___________, 2013, by the following called
vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
_____________________________
Mayor
ATTEST:
City Clerk
I, Shalice Tilton, City Clerk of the City of Buena Park, do hereby certify that the foregoing
Ordinance was introduced and passed at a regular meeting of the City Council of the
City of Buena Park on the ___ day of ________, 2013, by the following vote:
_____________________________
City Clerk
ORDC13001
EXHIBIT “A”
Request to consider a recommendation to the City Council 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 regarding
State mandate to comply with the goals and policies of the City’s Housing Element pertaining to
Emergency Shelters, Transitional and Supportive Housing and Affordable Housing Incentives.
19.308.030
Affordable Housing Bonus.
A. When affordable housing is included within a residential development in a residential
zone, the dwelling unit density shall not exceed a density determined by increasing the
density otherwise allowed by the same percentage as the percentage of affordable
housing units in the development. For elderly housing, the maximum such bonus is one
hundred percent. For other housing, the maximum such bonus is twenty-five percent. The
terms "affordable housing" and "elderly housing" shall have the meanings set forth in
California Government Code Section 65915.
B. An affordable housing bonus shall not be effective until approval of a site plan for the
residential development under the site plan review procedure set forth in Section
19.128.040, and such site plan shall show the number of dwelling units authorized. It shall
be a condition of such site plan approval that the number of affordable housing units upon
which the affordable housing density bonus is based shall remain in the affordable price
range for a period of at least fifteen years. In the case of a bonus of more than twenty-five
percent for elderly housing, it also shall be a condition of the site plan approval that the
number of affordable elderly units upon which the affordable housing bonus in excess of
twenty-five percent is based, shall remain available to elderly households, as such
households are currently defined for purposes of the City's housing assistance plan, for a
period of at least fifteen years.
19.308.030
Affordable Housing Bonus
A.
Purpose of Affordable Housing Incentives. State Density Bonus Law
(Government Code Section 65915), provides that local governments shall grant density
bonus and regulatory concessions and incentives to developers of housing, child care
facilities, or for donation of land for housing, where the developer agrees to construct a
specified percentage of housing for lower income households, very low income
households, moderate income households or qualifying residents
B.
Definitions. For the purpose of this chapter, the following definitions shall apply:
“Affordable housing agreement” means an agreement between the applicant and the
city guaranteeing the affordability of rental or ownership units in accordance with the
provisions of this chapter.
“Affordable housing costs” means the amounts set forth in the Health and Safety
Code Sections 50052.5 and 50053, as may be amended.
“Approving body” means the Planning Commission or City Council, approving the
housing development of which the density bonus request is a part. Where there is an
appeal, the “Approving Body” shall mean the City Council.
“Childcare facility” means a child day care facility other than a family day care home,
including, but not limited to, infant centers, preschools, extended day care facilities,
and school-age child care centers.
“Civil Code; Government Code; Health and Safety Code.”
references are to the California Codes, unless otherwise noted.
All code section
“Common interest development” means a condominium project as defined by
Section 1351(f) of the Civil Code, or a planned development as defined by Section
1351(k) of the Civil Code, as may be amended.
“Concession(s)” or “incentive(s)” means:
1. A modification in site development, zoning code requirements or
architectural design criteria that exceeds the minimum building standards approved
by the California Building Standards Commission as provided in Part 2.5
(commencing with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, reduction in setback, square footage, and parking
requirements that result in identifiable, financially feasible, and actual cost
reductions.
2. Other regulatory incentives or concessions proposed by the developer
or the city that result in identifiable, financially feasible and actual cost reductions.
The terms "Concessions” or “Incentives" do not limit or require the provision of direct
financial incentives for the Housing development, including the provision of publiclyowned land, by the City, or the waiver/reduction of fees or dedication requirements.
A housing development proposal that provides affordable units must show that the
requested concessions and incentives directly affect the economic feasibility of
including the affordable units in the housing development and will result in
identifiable, financially feasible and actual cost reductions for the housing
development.
“Density bonus for housing projects that are common interest developments in which
at least ten percent of the total dwelling units are reserved for persons and families of
moderate income” means a density increase of at least five percent, unless a lesser
percentage is elected by the applicant, over the otherwise maximum allowable
residential density under the applicable zoning ordinance and land use element of
the General Plan as of the date of application.
“Density bonus for housing projects that have the requisite percentage of housing
reserved for lower income households, very low income households or senior citizen
housing developments” means a density increase of at least twenty percent, unless a
lesser percentage is elected by the applicant, over the otherwise maximum allowable
“Development standard” includes site or construction conditions that apply to a
residential development pursuant to any ordinance, General Plan element, specific
plan, charter amendment, or other local condition, law, policy, resolution, or
regulation.
“Housing development” means one or more groups of projects for residential units
with a minimum of five residential units, including a common interest development.
“Housing development” also includes either (1) a project to substantially rehabilitate
and convert an existing commercial building to residential use, or (2) substantial
rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of the
Government Code Section 65863.4, as may be amended, where the result of the
rehabilitation would be a net increase in available residential units.
“Lower income households” means households defined in Section 50079.5 of the
Health and Safety Code, as may be amended.
“Maximum allowable residential density” means the density allowed under the zoning
ordinance.
“Persons and families of moderate income” means persons and families defined in
Section 50093 of the Health and Safety Code, as may be amended.
“Senior citizen housing development” means a project as defined by Sections 51.3
and 51.12 of the Civil Code, as may be amended.
“Very low income households” means households defined in Section 50105 of the
C.
Density Bonus Requirements, Calculations and Location.
1.
Density Bonus Development Requirements. Upon written request by
an applicant, the approving body for a housing development shall grant a density
bonus and incentives or concessions as provided in this chapter when the applicant
for the housing development agrees or proposes to construct at least one of the
following:
a.
Lower Income Households. Ten percent of the total units of a
housing development for lower income households.
b.
Very Low Income Households. Five percent of the total units of a
housing development for very low income households.
c.
Senior Housing. A senior citizen housing development.
d.
Common Interest Development or Moderate Income Households.
Ten percent of the total dwelling units in a common interest development
for persons and families of moderate income.
2.
Additional Density Bonus. If an applicant exceeds the percentages set
forth in Table IV - A, the applicant shall be entitled to an additional density bonus
calculated as follows:
a.
For each one percent increase above the ten percent of the
percentage of units affordable to lower income households, the density
bonus shall be increased by one and one-half percent up to a maximum
of thirty-five percent.
b.
For each one percent increase above the five percent of the
percentage of units affordable to very low income households, the
density bonus shall be increased by two and one-half percent up to a
maximum of thirty-five percent.
c.
percentage of units affordable to moderate income households, the
density bonus shall be increased by one percent, up to a maximum of
thirty-five percent.
3.
Density Calculation.
a.
Density calculations resulting in fractional units shall be rounded
up to the next whole number. The density bonus shall not be included
when determining the number of housing units which is equal to the five
percent or ten percent of the total.
b.
For the purpose of calculating a density bonus, the residential
units need not be based upon individual subdivision maps or parcels.
Table III – A
Calculating Density Bonuses
Affordable Units or Category Minimum %
Units in
Category
Bonus
Granted
Additional
Bonus for
Each 1%
Increase in
Affordable
Units in
Category
% Units in
Category
Required for
Maximum
35% Bonus
Very low income
5
20%
2.5%
11
Lower income
10
20%
1.5%
20%
Moderate income (ownership
only)
10
5
1
40%
Senior citizen housing
development (No affordable
units required)
Entire
development
20%
No sliding scale —
provided
Land donation for very-low
income housing
10% of market
rate units
15%
1
30%
Condominium conversion—
Moderate income
33%
25%
—
—
Lower income
15%
25%
—
—
Child care facility
—
Sq. ft. in day —
—
care center
A density bonus may be selected from only one category, except that density bonuses for
land donation may be combined with others, up to a maximum of thirty-five (35) percent,
and an additional square foot bonus may be granted for a child care facility.
4.
Total Density Bonus Limit. Nothing in this chapter shall prohibit the
City from granting a density bonus greater than as described in Table III - A for a
housing development that meets the requirements of this chapter or from granting a
proportionately lower density bonus than as required by this chapter for a housing
development that does not meet the requirements of this chapter. Thirty-five (35)
percent represents the maximum density bonus the City is required to provide, not
the maximum amount an applicant may obtain. An applicant may negotiate with the
City to obtain a density bonus for a housing development higher than the maximum
amount set forth in Table 1 in exchange for including even more affordable units than
are provided in Table 1 and/or the provision of other amenities or considerations.
5.
Location of Density Bonus Units. The density bonus units shall be
permitted within areas of the housing development other than areas where the units
for the lower income households are located.
6.
Design Requirements. Affordable units developed in conjunction with a
market rate development shall be of similar design and quality as the market rate
units. Exteriors and floor plans of affordable units shall be similar to the market rate
units; interior finishes need not be the same.
7.
Location Distribution Requirements for Affordable Units. Affordable
units shall be dispersed throughout the housing development rather than clustered in
a single area or a few areas. Location of the affordable units within a housing
development shall be approved as part of the entitlement granted by the approving
body.
8.
Other Requirements. The granting of a density bonus shall not require
a general plan amendment, zoning change, or other discretionary approval, and shall
be processed in conjunction with the housing development application.
D.
Concessions, Incentives and Standards.
1.
Evidence for Concession and Incentives. An applicant may submit to
the Community Development Department a proposal for specific incentives or
concessions. If a meeting is requested, the Community Development Director, or
designee, shall meet with the applicant within fifteen working days to discuss the
proposal. When the approving body grants a density bonus, the approving body shall
grant the concessions or incentives requested by the applicant unless it makes a
written finding, based upon substantial evidence of the following conditions:
a.
The concession or incentive is not required in order to provide for
affordable housing ; or
b.
The concession or incentive would have a specific adverse
impact, as defined in Government Code Section 65589.5(d)(2), as may
be amended, upon the public health and safety or the physical
environment and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact without rendering the
development unaffordable to low- and moderate-income households; or
c.
impact on any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low- and moderate-income
households.
2.
Number of Incentives/Concessions. The applicant shall be entitled to
receive the following number of incentives or concessions in Table IV - A:
Table IV – A
Density Bonus Concessions and Incentives
Household Income of Units
Very Low Income
Lower Income
Moderate Income Units in Condominium or
Planned Development Units
Percent of Units
5%
10%
15%
10%
20%
30%
10%
20%
30%
Concessions and
Incentives
1
2
3
1
2
3
1
2
3
3.
Financial Incentives. This section does not limit or require the provision
of direct financial incentives for the housing development, including the provision of
publicly owned land, by the city, or the waiver/reduction of fees or dedication
requirements.
4.
Development Standards and Density Bonus Compatibility. The city
shall not apply any development standard that will have the effect of precluding the
construction of a development meeting the criteria of this section at the densities or
with the concessions or incentives permitted by this chapter.
5.
Waiver of Development Standards. An applicant may submit a
proposal to the Community Development Department in accordance with subsection
A of this section for the waiver or reduction of development standards, including, but
not limited to, minimum lot size, side yard setbacks, and placement of Public Works
improvements. If a meeting is requested, the Community Development Director, or
designee, shall meet with the applicant within fifteen working days from the date of
receipt of the request. The waiver or reduction of development standards must
comply with the following conditions and requirements:
a.
Nothing in this section shall require the city to waive or reduce
development standards if the waiver or reduction would have a specific,
adverse impact, as defined in Government Code Section 65589.5(d)(2),
as may be amended, upon the health, safety, or the physical
environment, and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact.
b.
Nothing shall require the city to waive or reduce development
standards that would have an adverse impact on any real property that is
listed in the California Register of Historical Resources.
c.
The applicant shall show by substantial evidence that the
proposed waiver or modification is necessary to make the housing units
economically feasible.
d.
Any discretionary action for modification or waiver shall be
processed in conjunction with the housing development application, and
shall be held before the Zoning Administrator, if required.
6.
Maximum Parking Requirements for Density Bonus Units. Upon
request of the applicant, the following maximum parking standards shall apply,
inclusive of handicapped and guest parking, to the entire housing development
subject to this chapter:
a. One on-site parking space for up to one bedroom.
b. Two on-site parking spaces for up to three bedrooms.
c. Two and one-half on-site parking spaces for more than three
bedrooms.
7.
Parking Calculations. All parking calculations for the development
resulting in a fraction shall be rounded up to the next whole number.
8.
Allowed Parking Types. Required parking may be provided by tandem
parking or uncovered parking, but not by on-street parking.
9.
Request for Parking Incentives or Concessions. Additional parking
incentives or concessions beyond those provided in this section may be requested,
subject to subsection A of this section.
10.
Other Requirements. The granting of an incentive or concession shall
not require a general plan amendment, zoning change, or other discretionary
approval, and shall be processed in conjunction the housing development
application.
E.
Donation of Land.
1.
Density Bonus with Land Donation. When an applicant for a tentative
subdivision map, parcel map, or other residential development donates land to the
city that meets the requirements of this section, the applicant shall be entitled to a
fifteen percent increase above the otherwise maximum allowable residential density
under the applicable zoning ordinance and land use element of the general plan for
the entire development.
2.
Requirements for Donated Land.
a.
The developable acreage and zoning classification of the land
must be sufficient to permit construction of units in an amount not less
than ten percent of the number of residential units of the proposed
development; and
b.
The units developed on donated land shall be affordable to very
low income households.
3.
Additional Density Bonus. For each one percent increase above the
minimum ten percent land donation, the density bonus shall be increased by one
percent, up to a maximum of thirty-five percent if the following conditions are met:
a.
The land is donated and transferred no later than the date of
approval of the final subdivision map, parcel map, or residential
development application to the city or to a housing developer approved
by the city and by this time the transferred land shall have all permits and
approvals, other than building permits, necessary for the development of
the very low income housing, with the exception of any design review
that would be allowed pursuant to Government Code Section 65583.2(i),
as may be amended, if the design has not been reviewed prior to the
time of transfer.
b.
The zoning classification and general plan designation of the land
being transferred is appropriate for affordable housing and the land is or
will be served by adequate public facilities and infrastructure.
c.
The transferred land is at least one acre in size or of sufficient
size to permit development of at least forty units.
d.
There must be appropriate zoning and development standards to
make the development of the affordable units feasible.
e.
The transferred land is within the boundary of the proposed
development. The applicant may submit a written request to the
approving authority to allow the transferred land to be located within onequarter of a mile of the boundary of the proposed development.
F.
Condominium Conversions.
1.
Incentives for Condominium Conversion. When an applicant for
conversion of apartments to condominiums agrees to provide at least thirty-three
percent of the total units of the proposed condominium to persons and families of low
or moderate income or fifteen percent of the total units of the proposed condominium
to lower income households, and agrees to pay administrative costs incurred by the
city pursuant to this section, the approving body shall either (1) grant a density
bonus, or (2) provide other incentives of equivalent financial value. The approving
body may place reasonable conditions on the granting of a density bonus or other
incentives of equivalent financial value as appropriate, including, but not limited to,
continued affordability of units to subsequent purchasers who are persons and
families of low and moderate income or lower income households. For this section,
the following definitions apply:
a.
“Density Bonus” means an increase in units of twenty-five percent
over the number of apartments to be provided within the existing
structure or structures proposed for conversion.
b.
“Other Incentives of Equivalent Financial Value” shall not require
the city to provide cash transfer payments or other monetary
compensation but may include the reduction or waiver of requirements
which the city might otherwise apply as conditions of conversion
approval.
2.
Proposal for Subdivision Map Approvals. An applicant for approval to
convert apartments to condominiums may submit a preliminary proposal to the
Community Development Department prior to the submittal of any formal requests
for subdivision map approvals. The city shall, within ninety days of receipt of a written
proposal, notify the applicant in writing of the manner in which it will comply with this
section.
3.
Ineligibility. An applicant shall be ineligible for a density bonus or other
incentives under this section if the apartments proposed for conversion constitute a
housing development for which a density bonus or other incentives were previously
provided.
4.
Other Requirements. Nothing shall require the city to approve a
proposal to convert apartments to condominiums.
G.
Provision of Child Care Facilities.
1.
Density Bonus. When an applicant proposes to construct a housing
development that conforms to the requirements of this chapter and includes a child
care facility that will be located on the premises of, as part of, or adjacent to, the
project, the city shall grant either of the following, except as specifically stated
elsewhere:
a.
An additional density bonus for an amount of square feet of
residential space equal to or greater than the amount of square feet in
the child care facility; or
b.
An additional concession or incentive that contributes significantly
to the economic feasibility of the construction of the child care facility.
2.
Conditions. The city shall require that as a condition of approving the
housing development:
a.
The child care facility shall remain in operation as long as or
longer than the period of time the density bonus units are required to
remain affordable.
b.
The children who attend the child care facility, the children of very
low income households, lower income households, or children of
families of moderate income shall equal a percentage that is equal to or
greater than the percentage of dwelling units that are required for very
low income households, lower income households, or families of
moderate income.
3.
Limitation. Notwithstanding any requirement of this subdivision, the city
reserves the right to deny a requested density bonus or concession for a child care
facility if it finds, based upon substantial evidence, that the community has adequate
child care facilities.
H.
Continued Affordability.
1.
Affordability Requirement. An applicant shall agree to, and the city
shall ensure, continued affordable housing costs of all density bonus units for thirty
years, or a longer period of time if required by the construction or mortgage financing
assistance program, mortgage insurance program, or rental subsidy program.
a.
Rental units for lower income households shall maintain a rent
that does not exceed thirty percent of seventy percent of area median
income.
b.
Rental units for very low income households shall maintain a rent
that does not exceed thirty percent of fifty percent of area median
income.
c.
Ownership units shall be available only to households whose
income does not exceed the limits for moderate income households for
the duration of the affordable housing agreement.
2.
Occupant Income Restrictions. An applicant shall agree to confirm,
and the city shall ensure, that initial occupants of moderate-income units directly
related to the receipt of the density bonus in a common interest development are
persons and families of moderate income. Additionally, the following criteria apply:
a.
Upon resale, the seller of the unit shall retain the value of any
improvements, the down payment, and the seller’s proportionate share
of appreciation. The city shall recapture its proportionate share of
appreciation which shall be used as required by Government Code
Section 65915, as may be amended. The city’s share shall be equal to
the percentage by which the initial sales price of the moderate-income
unit was less than the fair market value of the home at that time.
b.
If there is any direct financial contribution from the city through
participation in the cost of infrastructure, write-down of land costs, or
subsidizing the cost of construction, the city may limit the sale price of
the unit upon resale in accordance with the terms and conditions of that
direct financial contribution.
3.
Affordable Housing Agreement. Affordability shall be ensured by
requiring that the applicant enter into an affordable housing agreement in
accordance with this chapter, as approved by the City Attorney, and recorded by the
County Recorder.
4.
Land Transfer Requirements. These requirements shall apply to land
transferred pursuant to this chapter and to any very low income units built on such
land, and the thirty-year affordability period shall commence from the Certificate of
Occupancy date.
I.
Application Requirements.
1.
Conditional Use Permit for Projects Receiving Affordable Housing
Incentives. A conditional use permit is required for projects pursuant to Density
Bonus Law (Government Code Sections 65915 et seq.). The permit shall be
approved prior to the effective date of such agreement.
2.
Information and Plan Submittal. Development proposal plans
submitted shall contain the following:
a.
Location of dwelling units within the project intended for
affordable housing;
b.
Total number of rental dwelling units and for-sale dwelling units
within the project;
c.
Proposed rent schedules and/or sale prices.
d.
A development pro-forma with the capital costs, operation
expense, return on investment, loan-to-value ratio and the debt coverage
ratio including the contribution(s) provided by any applicable subsidy
program(s), and the economic effects created by the minimum thirty (30)
year use and income restriction on the affordable units.
e.
An appraisal report indicating the value of the density bonus and
of the incentive(s)/concession(s).
f.
A use of funds statement identifying the financing gaps for the
housing development with the affordable housing units. The analysis
shall show how the funding gap relates to the density bonus and to the
incentive(s)/concession(s).
g.
Any other information requested by the Director of Community
Development.
J.
Appeal Process.
Any appeal relating to density bonuses, incentives, concessions, or waivers/modifications
of development standards shall comply with Buena Park Municipal Code requirements.
Chapter 19.312 Uses
19.312.010 Uses Permitted.
A. Land, buildings, and other facilities shall be designed, developed, and used only for those
activities indicated for the various zones by Table 19.312.010, entitled Uses Permitted. The symbols
shown in this table have the following meanings:
Symbol
P
Meaning
Automatically permitted use.
I
Incidental use—use permitted only if incidental to another primary use on the
same site. If incidental to a use authorized by conditional use permit, such
incidental use is permitted only if included within the terms of the conditional
use permit.
C
Conditional use—use eligible for consideration under the conditional use
procedure (Section 19.128.020) and permitted only if a conditional use permit is
approved, subject to the specific conditions of such permit.
Ci
Incidental conditional use—use eligible for consideration under the conditional
use procedure only if incidental to another primary use of the site, whether such
primary use is automatically permitted or permitted by conditional use permit.
IC
Incidental or conditional use—automatically permitted as an incidental use,
when the primary use is automatically permitted, or eligible for consideration as
a primary use under the conditional use procedure.
T
Temporary use—permitted if approved in accordance with Title 19, Division
10.
Table 19.312.010
USES PERMITTED—SINGLE FAMILY RESIDENTIAL ZONES
Residential Zones
Uses
Residential Uses
Single-Family Dwellings:
•
•
•
•
•
Site-built.
Manufactured.
Second dwelling units. (1)
Single Family Cluster. (15)
Transitional / Supportive Housing
PD
(14)
RS-16
RS-10
RS-8
RS-6
P
P
C
P
P
C
P
P
C
C
P
P
P
P
P
C
C
P
P
C
P
C
P
C
P
C
P
C
P
P
C
P
P
C
P
P
C
P
P
C
P
P
P
P
P
P
P
(note 4)
(note 4)
(note 4)
(note 4)
(note 4)
C
C
Community Residential Care:
• Small group care home.
• Other community residential care facility.
Residential Accessory Uses:
•
•
•
•
•
•
•
•
•
Guesthouse.
Home occupation. (2)
Animal keeping. (3)
Swimming pool, therapeutic pool, recreational
structure.
Clubhouse, meeting room, game room,
gymnasium, sauna, health center (private use
only)
Parking, within garage.
Parking, under carport.
Parking, uncovered.
Yard sale. (6)
P
P
P
P
P
(note 5)
(note 5)
(note 5)
(note5)
(note5)
(note 5)
(note 5)
(note 5)
(note 5)
(note 5)
P
P
P
P
P
I
I
I
I
I
I
I
Ci
Ci
I
I
Ci
Ci
I
Ci
Ci
Public Service Uses
Community Day Care:
• Small group child day care home (1-14
children). (17)
• Small group adult day care home (1-6 adults).
• Child day care center. (7)
• Adult day care center. (7)
Public Assembly: (See also Recreation)
• Church. (8), (9)
• Emergency Shelter (18)
C
I
Table 19.312.010
Residential Zones
Uses
Education:
• Educational institution. (9)
RS-16
RS-10
RS-8
RS-6
C
C
C
PD
(14)
Table 19.312.010
Uses
Recreation : (see also Division 5, Commercial
Uses - Commercial Recreation)
• Public park, public playground, public
recreational area, public landscaped open
space, public-owned historical site or feature.
• Community recreation center.
RS-16
Residential Zones
RS-10 RS-8 RS-6
P
P
PD (14)
P
P
P
C
C
Utilities and Communications (16):
• Aviation navigational aids.
• Public utility facilities or structures, including
electrical substations and cellular telephone
facilities.
Transportation:
• Parking lot.
Agricultural Uses
• Horticultural production, plant nursery (no
sales), keeping of livestock. (10)
• Horticultural production, plant nursery (with
sales). (11)
Temporary Uses
• On-site construction facilities. (12)
• On-site real estate sales office. (13)
C
C
C
C
C
C
C
C
C
C
C
P
C
P
P
P
P
P
P
P
P
P
P
Notes:
1 Special requirements apply for second dwelling units. See Section 19.348.010.
2 Special requirements apply for home occupations. See Section 19.348.030.
3 Special requirements apply for animal keeping. See Section 19.348.050.
4 Permitted as an incidental use for a single family cluster housing development. See Section 19.348.020.
5 In the RS zones, carports and uncovered parking are permitted for parking spaces which are in addition to the required garage spaces.
6 Special requirements apply for yard sales. See Section 19.348.040.
7 Permitted with a conditional use permit as an incidental use provided that sufficient parking and circulation can be provided on the property
and the hours of operation for the incidental use will not conflict with the primary use.
8 In all residential zones in which churches are permitted, such churches shall be located on and oriented to a major, primary, or secondary
highway as defined and designated in the Buena Park General Plan.
9 Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et. seq. and only when fire and safety
regulations are met and parking facilities are fully conforming to the requirements for public assembly use.
10 Applies to A Overlay Zone only. See Section 19.312.040.
11 Special requirements apply for agricultural uses. See Section 19.348.060.
12 Offices, storage, activities, and facilities directly pertaining to construction for a permitted use on the same site provided construction is not
suspended for more than 30 consecutive days.
13 Temporary real estate sales office, only for sales or leasing of new subdivision and for not more than one year.
14 Permitted uses and intensity of use in the PD zone shall be determined in a public hearing subject to the provisions of the General Plan for the
individual area designated as Planned Development.
15 Special requrements apply for single family cluster developments. See Section 19.348.020.
16 See Division 12 of Zoning Ordinance.
17
All applicants shall comply with the State Health and Safety Code with regard to the the maximum number of children that may be
supervised at any one time based on applicable standards and criteria. In no case, shall the total number of children supervised at any one
time at any residence exceed 14.
18 Special requirements apply for Emergency Shelters. See Section 19.348.070.
B. Those uses listed as accessory uses in the Uses Permitted Table are subject to the definition of
accessory use in Section 19.104.080 as well as the meanings of the indicated symbols in the table.
(Ord. 1443 § 4, 2003; Ord. 1344 § 4, 1997; Ord. 1315 § 11, 1994)
19.348.070
A.
Emergency Shelters
Required to be incidental to a religious assembly use.
B. The maximum number of beds/persons permitted to be served nightly shall be
based on the individual capacity of the building and overall facility and shall not be less
than fifty (50) square feet per person served. Shelter are limited to thirty (30) occupants
per site as a principal permitted use, consistent with Cal. Gov’t Code § 65583(4)(A).
C. Maximum stay at the facility shall not exceed one hundred eighty (180) days in a
three hundred sixty-five (365) day period.
D. Facility location shall be within a half (1/2) mile radius from an OCTA bus stop, as
measured from the property line.
E.
A minimum distance of three hundred (300) feet shall be maintained from any other
emergency shelter.
F.
A minimum of one (1) staff member per fifteen (15) beds shall be awake and on
duty when the facility is in operation.
G. A minimum of one (1) parking stall for every four (4) beds or half (½) parking space
for each bedroom designated for family units with children, plus one (1) parking stall for
each employee/volunteer on duty, shall be maintained.
H.
Bike rack parking shall also be provided by the facility.
I.
Exterior lighting shall be provided for the entire outdoor area of the site consistent
with the provisions of Section 19.536.070 (G).
J.
On-site client waiting and intake areas shall be located internally in the building
where feasible. If not feasible, a waiting area shall be provided which contains a
minimum of ten (10) square feet per bed provided at the facility. The waiting area shall
be in a location not adjacent to the public right-of-way, shall be visually separated from
public view by minimum six (6) foot tall visually screening mature landscaping or a
minimum six (6) foot tall decorative masonry wall, and shall provide consideration for
shade/rain provisions.
K. Any outdoor storage, including, but not limited to, items brought on-site by clients
for overnight stays, shall be screened from public view. Any outdoor storage areas
provided shall be screened from public view by minimum six (6) foot tall visually
screening mature landscaping or a minimum six (6) foot tall decorative masonry wall.
L.
Facility improvements shall additionally provide:
1.
A minimum of one (1) toilet for every eight (8) beds per gender;
2.
A minimum of one (1) shower for every eight (8) beds per gender; and
3.
Private shower and toilet facility for each area designated for use by
individual families.
M. An operational plan shall be provided for the review and approval of the
Community Development Director. Plans may be required to address additional specific
needs as identified by the Director. The approved operational plan shall remain active
throughout the life of the facility and updated as necessary. At a minimum, the plan shall
contain provisions addressing the topical areas outlined below:
1.
Security and safety - addressing both on and off-site needs, including
provisions to address the separation of male/female sleeping areas as well as any
family areas within the facility;
2.
Loitering control - with specific measures regarding off-site controls to
minimize the congregation of clients in the vicinity of the facility during hours that
clients are not allowed on-site;
3.
Management of outdoor areas - including a system for daily admittance and
discharge procedures and monitoring of waiting areas with a goal to minimize
disruption to nearby land uses;
4.
Staff training - with objectives to provide adequate knowledge and skills to
assist clients in obtaining permanent shelter and income;
5.
Communication and outreach with objectives to maintain good
communication and response to operational issues which may arise from the
neighborhood, city staff, or the general public;
6.
Screening of clients for admittance eligibility - with objectives to provide first
service to Buena Park residents;
7.
Counseling programs to be provided with referrals to outside assistance
agencies, and provide an annual report on this activity to the city; and
8.
Litter control - with an objective to provide for the timely removal of litter
attributable to clients within the vicinity of the facility.
N. The facility may provide the following services in a designated area separate from
sleeping areas:
1.
A recreation area either inside or outside the shelter;
2.
A counseling center for job placement, educational, health care, legal, or
mental health services;
3.
Laundry facilities to serve the number of clients at the shelter
4.
Kitchen for the preparation of meals;
5.
Dining hall;
6.
Client storage area (i.e. for the overnight storage of bicycles and personal
items); or
7.
Similar services geared to homeless clients.
19.408.030
zone other than the RMH Zone, the dwelling unit density shall not exceed a density
determined by increasing the density otherwise allowed by the same percentage as the
percentage of affordable housing units in the development, with the following limitations;
1.
For elderly housing, the maximum such bonus shall be one hundred percent.
2.
For other housing, the maximum such bonus shall be twenty-five percent.
B. An affordable housing bonus shall become effective only upon completion of the
following:
1. Approval of a site plan for the residential development shall be granted under the
site plan review procedure set forth in Section 19.128.040. The site plan approval
shall specify as a condition the number of affordable units to be made available.
2. A formal written agreement between the City and the property owner shall be
recorded prior to the issuance of any permits. This agreement, in a format approved
by the City Attorney, shall ensure that the number of affordable housing units upon
which the affordable housing density bonus is based shall remain in the affordable
price range for a period as determined within the provisions of this section.
3. The housing development shall be completed with issuance of a certificate of
occupancy.
C. Development Incentives for Affordable Rental Units. Development incentives
pursuant to Section 19.448.010 may be authorized under a site plan review (Section
19.128.040) in exchange for a longer period of available affordable rental units under
subsection E of this section.
D. Definition of Terms. The terms “affordable housing” and “elderly housing” shall have
the meanings set forth in Section 19.104.080 and California Government Code Section
65915.
E. Period of Commitment.
1.
Elderly Housing.
a.
For an elderly housing development, with only the density bonus
provision of subsection A.1 of this section, the minimum commitment period of
available affordable rental units shall be 30 years.
b.
For an elderly housing development with the density bonus provision of
subsection A.1 of this section and any of the development concessions of section
19.448.010, the commitment period shall be established under the site plan
review application.
2.
Housing, Other than Elderly Housing.
a.
For a housing development, with only the density bonus provision of
subsection A.2 of this section, the minimum commitment period of available
affordable rental units shall be 10 years.
b.
For a housing development, with the density bonus provisions of
subsection A.2 of this section and any one of the development concessions of
Section 19.448.010, the minimum commitment period of available affordable
rental units shall be 30 years.
19.408.030
A.
B.
“Civil Code; Government Code; Health and Safety Code.” All code section
reductions.
The terms "Concessions” or “Incentives" do not limit or require the provision of
direct financial incentives for the Housing development, including the provision of
publicly-owned land, by the City, or the waiver/reduction of fees or dedication
requirements.
development.
regulation.
ordinance.
C.
1.
following:
a.
b.
c.
d.
2.
a.
b.
c.
3.
a.
b.
Table III – A
Units in
Category
Bonus
Granted
Additional
Bonus for
Each 1%
Increase in
Affordable
Units in
% Units in
Category
Required for
Maximum
35% Bonus
Category
Very low income
5
20%
2.5%
11
Lower income
10
20%
1.5%
20%
only)
10
5
1
40%
units required)
Entire
development
20%
provided
income housing
10% of market
rate units
15%
1
30%
Moderate income
33%
25%
—
—
Lower income
15%
25%
—
—
Child care facility
—
Sq. ft. in day —
—
care center
4.
5.
6.
7.
body.
8.
D.
1.
Evidence for Concessions and Incentives. An applicant may submit to
a.
b.
c.
households.
2.
Table IV – A
Very Low Income
Lower Income
Percent of Units
5%
10%
15%
10%
20%
30%
10%
20%
30%
Concessions and
Incentives
1
2
3
1
2
3
1
2
3
3.
requirements.
4.
5.
a.
b.
c.
d.
6.
bedrooms.
7.
8.
9.
10.
application.
E.
Donation of Land.
1.
2.
a.
development; and
b.
3.
a.
time of transfer.
b.
c.
d.
e.
F.
1.
a.
b.
approval.
2.
section.
3.
provided.
4.
G.
1.
elsewhere:
a.
b.
2.
a.
remain affordable.
b.
moderate income.
3.
H.
1.
a.
income.
b.
income.
c.
2.
a.
b.
3.
County Recorder.
4.
Occupancy date.
I.
1.
2.
a.
affordable housing;
b.
within the project;
c.
d.
e.
f.
g.
Development.
J.
Appeal Process.
Chapter 19.412 Uses
A. Land, buildings and other facilities shall be designed, developed, and used only for those
Symbol
Meaning
P
I
Incidental use—use permitted only if incidental to another primary use on
the same site. If incidental to a use authorized by conditional use permit,
such incidental use is permitted only if included within the terms of the
conditional use permit.
C
procedure (Section 19.128.020) and permitted only if a conditional use
permit is approved, subject to the specific conditions of such permit.
Ci
Incidental conditional use—use eligible for consideration under the
conditional use procedure only if incidental to another primary use of the
site, whether such primary use is automatically permitted or permitted by
IC
Incidental or conditional use—automatically permitted as an incidental use,
when the primary use is automatically permitted, or eligible for
consideration as a primary use under the conditional use procedure.
T
Temporary use—permitted if approved in accordance with Title 19,
Division 10.
Table 19.412.010
USES PERMITTED—MULTI-FAMILY RESIDENTIAL ZONES
Uses
RMH
Residential Zones
RM-10
RM-20
PD (12)
Residential Uses
Single-Family Dwellings:
• Site-built.
• Manufactured.
• Single Family Cluster. (13)
Multi-familly Dwellings: (1)
•
•
•
Multi-family apartments.
Transitional/Supportive Housing
Condominium, stock
cooperative,community apartments. (2)
Mobilehome Park: (3)
•
•
Undivided ownership.
Condominium or planned unit
development ownership.
Group Quarters:
P
P
C
P
P
C
C
P
P
C
P
P
C
C
C
C
P
C
•
Convent, rectory, roominghouse,
dormitory, fraternity or sorority house,
etc.
Transient Quarters:
C
C
C
C
P
C
P
C
P
P
P
P
P
P
P
P
P
P
P
P
P
I
I
I
C
I
P
P
I
P
P
I
P
P
I
P
P
(See Division 5, Commercial Uses—Tourist Services)
Community Residential Care:
•
•
Small group care home.
Other community residential care
facility.
Residential Accessory Uses:
•
•
•
•
•
•
•
•
Guesthouse.
Home occupation. (4)
Animal keeping. ( 5)
Swimming pool, therapeutic pool,
recreational structure.
Clubhouse, meeting room, game room,
gymnasium, sauna, health center (private
use only).
Rental management office, storage room.
Parking, within garage.
Parking, under carport.
Table 19.412.010
USES PERMITTED—MULTI-FAMILY RESIDENTIAL ZONES
Uses
• Parking, uncovered.
• Yard sale. (6)
Public Service Uses
Community Day Care:
RMH
P
P
•
Small group child day care home (1-14
children). (15)
• Small group adult day care home (1-6
adults).
• Child day care center. (7)
• Adult day care center. (7)
Health Facilities:
Residential Zones
RM-10
RM-20
P
P
P
P
PD (12)
P
P
P
P
P
P
P
P
Ci
Ci
Ci
Ci
Ci
Ci
Long-term care (intermediate care or
skilled nursing).
C
C
• Church. (8), (9)
• Emergency Shelter (16)
Education:
C
I
C
I
• Educational institution. (9)
Recreation:
C
C
P
P
P
P
P
C
C
C
C
C
C
C
C
C
C
C
C
P
P
P
P
P
P
•
•
Public park, public playground, public
recreational area, public landscaped open
space, public-owned historical site or
feature.
• Community recreation center.
•
•
Aviation navigational aids.
Public utility facilities or structures,
including electrical substations and
cellular telephone facilities.
Transportation:
• Parking lot.
• Parking structure.
Temporary Uses
• On-site construction facilities. (10)
• On-site real estate sales office. (11)
C
C
P
P
Notes:
1
See also “Architectural Design Guidelines for Multi-family Low and Medium Density
Residential Developments” in a separate document adopted by Resolution # 8934.
2
Special requirements apply. See Section 19.448.030.
3
Special requirements apply for mobilehome parks. See Section 19.448.020.
4
Special requirements apply for home occupations. See Section 19.448.040.
5
Special requirements apply for animal keeping. See Section 19.448.060.
6
Special requirements apply for yard sales. See Section 19.448.050.
7
Permitted with a conditional use permit as an incidental use provided that sufficient parking
and circulation can be provided on the property and the hours of operation for the incidental
use will not conflict with the primary use.
8
In all residential zones in which churches are permitted, such churches shall be located on
and oriented to major, primary, or secondary highway as defined and as designated in the
Buena Park General Plan.
9
Bingo games shall be permitted as an accessory use only when authorized under Chapter
5.16 et. seq. and only when fire and safety regulations are met and parking facilities are
fully conforming to the requirements for public assembly use.
10 Offices, storage, activities, and facilities directly pertaining to construction for a permitted
use on the same site provided construction is not suspended for more than 30 consecutive
days.
11 Temporary real estate sales office, only for sales or leasing of new subdivision, and for not
more than one year.
12 Permitted uses and intensity of use in the PD zone shall be determined in a public hearing,
subject to the provisions of the General Plan for the individual area designated as Planned
Development.
13 Special requirements apply for single family cluster developments. See Section 19.448.035.
15 All applicants shall comply with the State Health and Safety Code with regard to
themaximum number of children that may be supervised at any one time based on
applicable standards and criteria. In no case, shall the total number of children supervised at
any one at any residence exceed 14.
B. Those uses listed as accessory uses in the uses permitted table are subject to the definition of
(Ord. 1444 § 9, 2003; Ord. 1344 § 4, 1997; Ord. 1315 § 11, 1994)
19.408.030
zone other than the RMH Zone, the dwelling unit density shall not exceed a density
determined by increasing the density otherwise allowed by the same percentage as the
percentage of affordable housing units in the development, with the following limitations;
1.
For elderly housing, the maximum such bonus shall be one hundred percent.
2.
For other housing, the maximum such bonus shall be twenty-five percent.
B. An affordable housing bonus shall become effective only upon completion of the
following:
1. Approval of a site plan for the residential development shall be granted under the
site plan review procedure set forth in Section 19.128.040. The site plan approval
shall specify as a condition the number of affordable units to be made available.
2. A formal written agreement between the City and the property owner shall be
recorded prior to the issuance of any permits. This agreement, in a format approved
by the City Attorney, shall ensure that the number of affordable housing units upon
which the affordable housing density bonus is based shall remain in the affordable
price range for a period as determined within the provisions of this section.
3. The housing development shall be completed with issuance of a certificate of
occupancy.
C. Development Incentives for Affordable Rental Units. Development incentives
pursuant to Section 19.448.010 may be authorized under a site plan review (Section
19.128.040) in exchange for a longer period of available affordable rental units under
subsection E of this section.
D. Definition of Terms. The terms “affordable housing” and “elderly housing” shall have
the meanings set forth in Section 19.104.080 and California Government Code Section
65915.
E. Period of Commitment.
1.
Elderly Housing.
a.
For an elderly housing development, with only the density bonus
provision of subsection A.1 of this section, the minimum commitment period of
available affordable rental units shall be 30 years.
b.
For an elderly housing development with the density bonus provision of
subsection A.1 of this section and any of the development concessions of section
19.448.010, the commitment period shall be established under the site plan
review application.
2.
Housing, Other than Elderly Housing.
a.
For a housing development, with only the density bonus provision of
subsection A.2 of this section, the minimum commitment period of available
affordable rental units shall be 10 years.
b.
For a housing development, with the density bonus provisions of
subsection A.2 of this section and any one of the development concessions of
Section 19.448.010, the minimum commitment period of available affordable
rental units shall be 30 years.
19.408.030
A.
B.
“Civil Code; Government Code; Health and Safety Code.” All code section
reductions.
The terms "Concessions” or “Incentives" do not limit or require the provision of
direct financial incentives for the Housing development, including the provision of
publicly-owned land, by the City, or the waiver/reduction of fees or dedication
requirements.
development.
regulation.
ordinance.
C.
1.
following:
a.
b.
c.
d.
2.
a.
b.
c.
3.
a.
b.
Table III – A
Units in
Category
Bonus
Granted
Additional
Bonus for
Each 1%
Increase in
Affordable
Units in
% Units in
Category
Required for
Maximum
35% Bonus
Category
Very low income
5
20%
2.5%
11
Lower income
10
20%
1.5%
20%
only)
10
5
1
40%
units required)
Entire
development
20%
provided
income housing
10% of market
rate units
15%
1
30%
Moderate income
33%
25%
—
—
Lower income
15%
25%
—
—
Child care facility
—
Sq. ft. in day —
—
care center
4.
5.
6.
7.
body.
8.
D.
1.
Evidence for Concessions and Incentives. An applicant may submit to
a.
b.
c.
households.
2.
Table IV – A
Very Low Income
Lower Income
Percent of Units
5%
10%
15%
10%
20%
30%
10%
20%
30%
Concessions and
Incentives
1
2
3
1
2
3
1
2
3
3.
requirements.
4.
5.
a.
b.
c.
d.
6.
bedrooms.
7.
8.
9.
10.
application.
E.
Donation of Land.
1.
2.
a.
development; and
b.
3.
a.
time of transfer.
b.
c.
d.
e.
F.
1.
a.
b.
approval.
2.
section.
3.
provided.
4.
G.
1.
elsewhere:
a.
b.
2.
a.
remain affordable.
b.
moderate income.
3.
H.
1.
a.
income.
b.
income.
c.
2.
a.
b.
3.
County Recorder.
4.
Occupancy date.
I.
1.
2.
a.
affordable housing;
b.
within the project;
c.
d.
e.
f.
g.
Development.
J.
Appeal Process.
Chapter 19.512 Uses
A. Land, buildings, and other facilities shall be designed, developed, and used only for those
Symbol
Meaning
P
I
Incidental use—use permitted only if incidental to another primary use on
the same site. If incidental to a use authorized by conditional use permit,
such incidental use is permitted only if included within the terms of the
C
procedure (Section 19.128.020) and permitted only if a conditional use
permit is approved, subject to the specific conditions of such permit.
Ci
Incidental conditional use—use eligible for consideration under the
conditional use procedure only if incidental to another primary use of the
site, whether such primary use is automatically permitted or permitted by
Pc
Automatically permitted use, except such use is subject to a conditional
use permit when located within three hundred thirty feet of a residential
zone.
Pc*
Automatically permitted use, except such use is subject to a conditional
use permit when located within six hundred feet of a residential zone.
IC
Incidental or conditional use—automatically permitted as an incidental
use, when the primary use is automatically permitted, or eligible for
consideration as a primary use under the conditional use procedure.
T
Temporary use—permitted if approved in accordance with Title 19,
Division 10.
Table 19.512.010
USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES
Commercial Zones
CO CS CG CR
Uses
Industrial Zones
CM MR ML MH
Residential Uses
Group Quarters:
•
Convent, rectory, dormitory,
fraternity or sorority house, etc.
Ci
Ci
Ci
C
P
P
P
P
P
•
Long-term care (intermediate
care or skilled nursing).
C
C
C
•
Hospital, alcoholic institution.
C
C
C
•
Medical or dental laboratory.
I
P
P
•
Medical or dental clinic. (17)
P
P
P
•
Industrial clinic.
•
Pharmacy.
P
P
P
P
•
Optician.
P
P
P
P
Transient Quarters: (See Commercial
Uses—Tourist Services)
Public Service Uses
Community Day Care:
•
Child day care center.
•
Adult day care center.
C
I
I
I
I
I
I
I
I
Health Facilities:
P
P
P
P
P
P
P
P
P
I
I
I
I
•
Church. (1)
C
C
C
•
Emergency Shelter, up to 30
occupants. (19)
P
P
P
P
•
Emergency Shelter , more
than 30 occupants (19)
C
C
C
C
•
Club, lodge, meeting hall,
community center (largest meeting room
limited to 150 seats or 1000 sq. ft. (1)
C
P
P
•
Exhibit hall (no swap meets).
C
•
Auditorium. (1)
•
Theater, indoor.
•
Theater, open air.
P
C
C
C
•
Theater, drive-in.
P
C
C
C
C
C
P
C
P
P
P
Education:
•
Educational institution.
•
Library, reading room.
C
C
C
Table 19.512.010
Uses
•
Museum.
•
Tutoring.
•
Business college, vocational
school (no industrial machinery or
equipment), physical training school.
•
Commercial Zones
CO CS CG CR
C
P
P
P
C
C
C
C
C
Trade school.
Industrial Zones
CM MR ML MH
C
C
C
C
C
C
C
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
Industrial Zones
CM MR ML MH
Public Service Uses
Recreation : (see also Commercial Uses—
Commercial Recreation)
•
Public park, public playground,
public recreational area, public
landscaped open space, public-owned
historical site or feature.
P
P
P
•
Recreation area (play area,
swimming pool, racquetball courts, etc.),
as an accessory use (public or private
use, indoor or outdoor) to a permitted
commercial or industrial use.
C
C
C
C
C
P
C
C
C
C
P
P
C
C
•
Private recreation facility.
•
Community recreation center.
•
Golf driving range.
•
Miniature golf.
•
Theme recreational park.
•
only.
Tennis courts or club, indoor
•
With outdoor courts.
P
C
P
P
P
P
C
C
C
C
•
Racquetball, handball,
swimming, gym, athletic club, indoor
only.
•
P
With outdoor area.
P
P
C
C
Natural Resource Development:
•
Exploration and development.
C
C
C
C
C
C
C
•
Telephone central office, relay
station.
C
C
C
C
C
C
C
•
Flood control channel and
facilities, utility corridor.
P
P
P
P
P
P
P
P
•
Other public utility facilities or
structures, including electrical
substations, and cellular telephone
facilities.
C
C
C
C
C
C
C
C
•
Radio, television, microwave
transmitters.
C
C
C
C
C
C
C
C
•
C
C
C
C
C
C
C
C
P
P
C
P
P
C
P
P
C
P
P
C
P
P
P
P
P
P
C
P
P
Aviation navigational aids.
Transportation:
•
Parking lot.
•
Parking structure.
•
Passenger station.
Table 19.512.010
Uses
Commercial Zones
CO CS CG CR
Industrial Zones
CM MR ML MH
Public Service Uses
Other Public Services and Facilties:
•
Non-City-owned public
facilities.
C
C
C
C
C
C
C
C
C
C
C
C(14
)
C
C
C
C
Commercial Uses
•
Any permitted commercial use
with drive-in, drive-through,or walkup
window service. (Special requirements
apply. See Section 19.552.070.)
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
Industrial Zones
CM MR ML MH
•
Any commercial use with adult
entertainment. (Special requirements
apply. See Section 19.552.090.)
Offices: (2)
•
Bank, financial institution.
P
P
P
P
P
P
P
P
P
P
P
P
P
P
I
I
•
Martial arts, dance or drama
studio, art or music conservatory.
P
P
P
P
•
Music studio, recording studio.
C
•
Radio, television studio.
C
P
C
P
C
P
C
C
C
C
•
Art studio, art gallery, interior
decorating,costume design, arts and
crafts,photography studio.
P
P
P
P
•
Sale of art or publications
related to permitted use.
I
I
I
I
P
•
Business, administrative,
professional.
Studios, etc.:
Schools:
(See Public Service Uses—Education)
Personal Services:
•
Barber shop, beauty salon.
P
P
P
•
Shoe repair, tailor, dressmaker,
laundromat (single batch machines
only), dry cleaning (coin-operated only).
P
P
P
•
P
P
P
P
Shoe shine kiosk.
•
Automated banking service
kiosk.
•
Retail dry cleaning. (3)
•
Health spa or salon.
•
Massage therapy.
•
Tanning salon
I
IC
P
P
I
IC
P
P
I
IC
P
P
I
IC
C
C
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
Industrial Zones
CM MR ML MH
Commercial Uses
•
Fortunetelling (see Chapter 5.32
for definition).
P
P
P
P
P
C
P
•
Entertainment (see Chapter 5.24
for definition).
C
C
C
•
Skating rink.
C
•
Skateboard park.
C
C
C
C
C
C
C
C
C
C
C
C
C
Tourist Services:
(See also Public Service Uses—Public Assembly,
and also the Entertainment Corridor Specific Plan
document.)
•
Travel and ticket agency.
•
Hotel, motel, motor hotel. (12)
Commercial Recreation :
(See also Public Service Use—Recreation, and
also the Entertainment Corridor Specific Plan
document.)
•
Dancehall or other establishment
with public dancing.
•
Game machine arcade. (4)
•
Batting cages.
•
Billiard parlor, poolroom.
•
Bowling alley.
C
C
C
Retail Sales:
(See also Food Sales and Service, Vehicle Sales
and Rentals, Vehicle-related Sales with Related
Service and Repair, and Other Sales and Service.)
(All sales to be indoor only, unless indicated
otherwise.)
•
Furniture, carpets.
P
P
P
P
•
Household appliances, electrical
appliances, radios, television sets,
computer equipment.
P
P
P
P
•
Department store, variety store,
dry goods and notions.
P
P
P
•
Apparel—clothing, millinery,
shoes, etc.
P
P
P
•
Jewelry, cameras and supplies,
luggage, sporting goods, toys.
P
P
P
•
P
P
P
Hobby shop.
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
Industrial Zones
CM MR ML MH
Commercial Uses
•
Drugstore.
•
Tobacco shop.
•
Pet shop and supplies.
•
Key shop kiosk.
•
Gifts, souvenirs.
•
Flower shop.
•
Flower kiosk.
•
Stationery and office supply
•
Books, newsstand.
•
Video sales, rental.
•
Video kiosk.
•
Antiques.
I
P
I
P
P
P
P
P
P
P
P
P
P
C
P
P
P
P
P
P
P
P
P
P
•
Thrift shop, secondhand goods,
pawnshop.
C
•
Auction house.
C
•
store.
Volume discount/warehouse
•
Hardware, paint.
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
C
C
C
P
P
P
P
•
Building materials, plumbing
supplies.
Pc
Pc
Pc
Pc
•
C
C
C
C
P
P
P
P
area.
C
C
C
C
•
Plant nursery, with outdoor
display.
Pc
Pc
Pc
Pc
•
P
P
P
C
C
C
P
P
C
C
With outdoor display area.
•
Garden and patio furniture and
equipment.
•
With outdoor display
Pottery, ceramics.
•
area.
•
Deep discount / product
liquidation.
•
area.
C
Pc
C
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
•
(18)
Swapmeet - Indoor / Outdoor.
Industrial Zones
CM MR ML MH
C
Food Sales and Service:
•
Restaurant,with no
entertainment, no liquor, no drive-in, no
drive-through, no walk-up service
window.
P
P
P
P
P
P
P
P
•
With entertainment.
(See Chapter 5.24 for
definition)
C
C
C
C
C
C
C
C
•
C
C
C
C
C
C
C
C
C
C
C
C(14)
C
C
C
C
Ci
Ci
Ci
C
C
Ci
C
C
C(16)
P
P
P
•
Confectionery, ice cream,
bakery (baking for on-premises sales
only).
P
P
P
•
C
C
C
C
With on-sale liquor. (5)
•
With drive-in, drivethrough, or walk-up service
window. (See also Section
19.552.070)
•
Cocktail lounge, bar.
Commercial Uses
•
Liquor, off-sale.
•
Supermarket, grocery, fruits and
vegetables, dairy products, meat.
•
Deli.
Banquet caterer.
Ci
P
C
•
Catering truck terminal
(including commissary and kitchens).
Vehicle Sales and Rentals:
(See also Other Services—Equipment Rental)
•
Automobile rental agency.
C
P
•
Vehicle sales, leasing and rental
agency (office use only).
•
New and used sales / lease of
autos, motorcycles,or trucks not
exceeding 3 tons gross vehicle weight
unladen, and trailers up to 2 ton carrying
capacity.
P
P
Pc
Pc
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
•
New and used sales / lease of
trucks exceeding 3 tons gross vehicle
weight unladen, and trailers over 2 tons
carrying capacity.
Industrial Zones
CM MR ML MH
C
Pc
Pc
Pc
Pc
Pc
C
C
Pc
C
C
C
Vehicle-related Sales with Related
Service and Repair:
(Any installationshall be conducted within a
building)
•
Retail sales of auto parts or
accessories, not including tires.
Pc
Pc
Pc
•
Wholesale of auto parts or
accessories, not including tires.
•
Auto window tinting.
•
Machining or repair of auto
parts or accessories, not including tires.
•
Tires, retail sales and/or
installation for vehicles not exceeding 3
tons gross vehicle weight unladen.
C
•
Tires, retail sales and/or
installation for vehicles exceeding 3 tons
gross vehicle weight unladen.
C
Ci
C
Pc
C
C
C
•
Tires, wholesale and/or
installation.
C
Pc
Pc
Commercial Uses
Other Sales and Service:
•
Bicycle sales, rental, or repair.
P
P
P
P
•
Boat accessories, sales with no
installation.
P
P
P
P
•
Boat sales, up to 28 ft. hull
length.
Pc
Pc
Pc
•
Boat repair and/or service, up to
28 ft. hull length. (All work shall be
conducted within a building)
C
C
C
Vehicle Repair, Service:
(All work shall be conducted within a building)
C
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
•
Light repair and/or service of
vehicles not exceeding 3 tons gross
vehicle weight unladen.
(Work shall not include engine valves
repair or replacement, engine overhaul
or replacement, transmission repair or
replacement, radiator repair or
replacement, muffler repair or
replacement, body and fender work,
detailing, painting or upholstery)
C
•
Heavy repair and/or service of
vehicles not exceeding 3 tons gross
vehicle weight unladen.
C
Ci(15
)
C
•
Repair and/or service of
vehicles exceeding 3 tons gross vehicle
weight unladen or trailers over 2 ton
capacity.
•
Repair and/or service of
motorcycles only in conjunction with
sales of new and used motorcycles.
Industrial Zones
CM MR ML MH
C
Pc
C
Pc
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
P
P
P
P
P
Pc
Pc
Pc
Pc
Pc
Pc
Pc
Pc
Vehicle Service:
•
Mechanical carwash. (6)
•
Automobile service station. (7)
•
Quick tune-up / oil change /
lube shop.
Printing Services:
•
Instant printing, copying,
addressographing, mimeographing,
photostating, blueprinting.
•
Photoengraving, offset printing.
•
Printing.
•
Photo film drop-off / pick-up
kiosk.
P
P
P
Commercial Uses
•
Retail photo film and print
processing.
•
plant.
Photo film and print processing
P
P
P
Pc
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
•
Custom furniture upholstery and
reupholstery.
P
P
•
Picture framing and glazing.
Industrial Zones
CM MR ML MH
P
P
P
P
P
•
Watch repair, camera repair,
radio, stereo, television, personal
computers, other small appliance repair.
P
P
P
P
•
P
P
P
P
Locksmith.
•
Repair of lawnmowers, larger
electrical appliances, precision
instruments, nonpneumatic tools, (all
work to be indoors).
Pc
Pc
•
Repair of pneumatic tools.
C
C
•
Rental of light equipment (up to
single unit trucks).
C
Pc
•
Rental of heavy equipment
(semi-tractors, cranes, etc.).
C
C
•
Small animal grooming (no
boarding).
•
Small animal hospital.
•
Veterinary clinic.
•
Kennel.
•
Taxidermy.
•
Mortuary.
P
P
P
C
C
C
Pc
Pc
I
C
Pc
Pc
C
P
P
C
Industrial Uses
Research, Development and Testing:
•
Research and development
institution or laboratory (no
manufacturing), testing laboratory.
C
C
C
C
Pc
Pc
Storage:
•
Mini-storage space rental for
public self-storage.
Pc
Pc
•
Outdoor storage space rental for
boats and vehicles
C
C
C
•
Off-site inventory storage for
auto dealerships.
C
C
C
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
Industrial Zones
CM MR ML MH
Industrial Uses
•
Above-grade fuel tank storage
with 500 gallon and greater capacity. (8)
Ci
Ci
Ci
Ci
Ci
Ci
CI
•
Below-grade fuel tanks and
above-grade fuel tanks with less than
500 gallon capacity. (8)
P
P
P
P
P
P
P
Pc
Pc
•
Transit or transportation
equipment storage (no truck or railroad
freight yard).
•
Freight yard or terminal truck,
railroad.
C
•
Warehouse, distribution center,
storage building.
Pc
Pc
Pc
I
I
I
Pc
Pc
Pc
Pc
C
Pc
Pc
C
C
Pc
Pc
Pc
C
Pc
C
Pc
Pc
Pc
•
Laundry, cleaning and dyeing
plant, carpet cleaning and dyeing, textile
dyeing.
C
C
•
Fabrication from finished
rubber, plastics.
C
Pc
•
Outdoor storage, other than a
contractor’s storage facility. (9)
•
Cold storage.
•
Frozen food locker.
•
Ice plant.
•
Lumberyard.
I
I
C
Pc
•
Contractor’s storage facility,
with main building.
Pc
Pc
Wholesale:
•
Wholesale business.
•
Wholesale with retail outlet.
Industrial Processes:
•
Cabinet shop, machine shop (no
punch presses over 20-tons), sheet metal
shop, tinsmith, welding shop.
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
Industrial Zones
CM MR ML MH
Industrial Uses
•
Fabrication from shell,
cellophane, cork, fiber, fur, glass,
finished leather, gems, textiles, tobacco,
wood.
•
Packaging or assembly of
products from previously manufactured
components (no outdoor storage of bulk
materials, final product not over 50
pounds).
Pc
Pc
Pc
Pc
Pc
Pc
P
P
P
P
P
C
C
C
C
C
C
C
•
Manufacturing, compounding,
assembly, packaging, or treatment of
merchandise made from the following
previously prepared materials:
canvas, cloth, textiles,
yarn, cork, leather, plastics,
cellophane, synthetics,
precious or semi-precious
metal (excluding metal
stamping), stone
(excluding grinding,
cutting or dressing, granite,
etc), wood (excluding
prefabrication of building
components, cabinet shops,
furniture manufacturing,
lumberyard, planing mill).
•
Assembly of electrical
appliances, electronic instruments or
devices, precision instruments, radios,
computer components, phonographs,
television sets (may include
manufacturing of small parts only).
•
Smelting of precious or semiprecious metal.
•
Drop forge, foundry.
•
Paint mixing.
•
Grinding, cutting or dressing of
stone, marble or granite, etc.
P
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
Industrial Zones
CM MR ML MH
Industrial Uses
•
Metal fabricating (no foundry),
metal plating, metal finishing.
•
Pc
Metal engraving.
Pc
Pc
C
C
Pc
Manufacturing of:
•
Acid.
•
Soap (cold mix only).
•
Cosmetic goods, toiletries, or
drugs.
Pc
Pc
Pc
•
C
C
C
Ceramics.
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
Industrial Zones
CM MR ML MH
Industrial Uses
•
Ceramic products using only
previously pulverized clay and fired in
kilns using only electricity or gas.
•
C
C
Aircraft (no foundry).
Pc
Pc
•
Boats, less than 28 ft. hull
length.
C
C
28 ft.
C
C
•
Furniture, garden patio furniture
and equipment.
C
Pc
Pc
Pc
Pc
Pc
Pc
Pc
P
P
•
C
Hull length greater than
•
Garments, gloves, shoes.
•
Signs.
•
Electrical appliances,
instrumental or equipment.
•
Jewelry, watches.
P
Food Manufacturing or Processing:
•
Manufacturing, processing,
canning or packing of meat, fish, dog or
cat food, lard, pickles, sauerkraut,
vinegar, coffee, dressing, or poultry.
•
Winery.
•
Brewery.
C
C
C
Pc
C
Pc
Pc
Pc
Pc
Pc
Pc
Pc
•
Candy manufacturing, nut
processing.
C
C
•
Dairy products manufacturing.
C
Pc
•
Bottling.
Pc
Pc
T
T
•
Processing, canning or packing
fruits or vegetables.
•
Bakery.
•
Candy or nut packing (no
roasting).
Temporary Uses
•
Temporary uses, as provided in
Title 19, Division 10.
T
T
T
T
T
T
Table 19.512.010
Commercial Zones
CO CS CG CR
Uses
•
(10)
On-site construction facilities.
•
(11)
On-site real estate sales office.
Industrial Zones
CM MR ML MH
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Notes:
1 Bingo games shall be permitted as an accessory use only when authorized under Chapter
5.16 et. seq. and only when fire and safety regulations are met and parking facilities are fully
conforming to the requirements for public assembly use.
2 In an integrated center within the CS zone, a conditional use permit is required to establish
an administrative or professional business office use in excess of 5,000 square feet gross floor
area or to establish any office use which will cause the center’s gross floor area devoted to
offices to exceed 20%.
3 Special limitations apply for retail dry cleaning. See Section 19.552.020.
4 Special requirements apply for game machine arcades. See Section 19.552.040.
5 Special requirements apply for restaurants with on-sale liquor. See Section 19.552.030.
6 Special requirements apply for carwashes. See Section 19.552.060.
7 Special requirements apply for automobile service stations. See Section 19.552.050.
8 Above-grade fuel tanks subject to applicable setbacks and screening from public view.
9 Special requirements apply for outdoor storage. See Section 19.524.020.
10 Offices, storage, activities, and facilities directly pertaining to construction on the same
site provided construction is not suspended for a permitted use for more than 30 consecutive
days.
11 Temporary real estate sales office, only for sales or leasing of new subdivision and for not
more than one year.
12 Special requirements apply for hotels, motels, and motor hotels. See Sections 19.104.080
and 19.552.110.
14 In the CR zone, drive-in and drive-through service for any commercial use may be
considered only within the Master Plan Area North, pursuant to the provisions and
requirements of Chapter 19.556. Within the Master Plan Area South, a walk-up window for a
commercial use may be considered only within an approved Entertainment Promenade
pursuant to the provisions and requirements of Chapter 19.556.
15 In the CR zone, use may be considered only within the Master Plan Area South. See
Chapter 19.556.
16 In the CR zone, use may be considered only within the Master Plan Area North. See
Chapter 19.556.
17 In the CR zone, use may be permitted within multi-tenant buildings only.
18 Special requirements apply for indoor swap meets. See Section 19.552.111.
B. Those uses listed as accessory uses in the uses permitted table are subject to the definition of
(Ord. 1498 § 3, 2007; Ord. 1478 § 4, 2005; Ord. 1437 § 3, 2002; Ord. 1405 § 6, 2000; Ord. 1382
§ 10, 1998; Ord. 1348 § 11, 1997; Ord. 1344 § 4, 1997; Ord. 1340 § 4, 1996)
19.552.120
Emergency Shelters
A. The maximum number of beds/persons permitted to be served nightly shall be
based on the individual capacity of the building and overall facility and shall not be less
than fifty (50) square feet per person served. Shelter are limited to thirty (30) occupants
per site as a principal permitted use, consistent with Cal. Gov’t Code §
65583(4)(A). Emergency shelters with more than thirty (30) occupants per site are
permitted subject to the approval of a Conditional Use Permit.
B. Maximum stay at the facility shall not exceed one hundred eighty (180) days in a
three hundred sixty-five (365) day period.
C. Facility location shall be within a half (1/2) mile radius from an OCTA bus stop, as
measured from the property line.
D. A minimum distance of three hundred (300) feet shall be maintained from any other
emergency shelter, any residentially zoned property and any public or private school, as
measured from the property line. Shelters at existing churches are exempt from
minimum distance requirements from residentially zoned properties and schools.
E.
A minimum of one (1) staff member per fifteen (15) beds shall be awake and on
duty when the facility is in operation.
F.
A minimum of one (1) parking stall for every four (4) beds or half (½) parking space
for each bedroom designated for family units with children, plus one (1) parking stall for
each employee/volunteer on duty, shall be maintained.
G.
Bike rack parking shall also be provided by the facility.
H. Exterior lighting shall be provided for the entire outdoor area of the site consistent
with the provisions of Section 19.536.070 (G).
I.
On-site client waiting and intake areas shall be located internally in the building
where feasible. If not feasible, a waiting area shall be provided which contains a
minimum of ten (10) square feet per bed provided at the facility. The waiting area shall
be in a location not adjacent to the public right-of-way, shall be visually separated from
public view by minimum six (6) foot tall visually screening mature landscaping or a
minimum six (6) foot tall decorative masonry wall, and shall provide consideration for
shade/rain provisions.
J.
Any outdoor storage, including, but not limited to, items brought on-site by clients
for overnight stays, shall be screened from public view. Any outdoor storage areas
provided shall be screened from public view by minimum six (6) foot tall visually
screening mature landscaping or a minimum six (6) foot tall decorative masonry wall.
K.
Facility improvements shall additionally provide:
1.
A minimum of one (1) toilet for every eight (8) beds per gender;
2.
A minimum of one (1) shower for every eight (8) beds per gender; and
3.
Private shower and toilet facility for each area designated for use by
individual families.
L.
An operational plan shall be provided for the review and approval of the
Community Development Director. Plans may be required to address additional specific
needs as identified by the Director. The approved operational plan shall remain active
throughout the life of the facility and updated as necessary. At a minimum, the plan shall
contain provisions addressing the topical areas outlined below:
1.
Security and safety - addressing both on and off-site needs, including
provisions to address the separation of male/female sleeping areas as well as any
family areas within the facility;
2.
Loitering control - with specific measures regarding off-site controls to
minimize the congregation of clients in the vicinity of the facility during hours that
clients are not allowed on-site;
3.
Management of outdoor areas - including a system for daily admittance and
discharge procedures and monitoring of waiting areas with a goal to minimize
disruption to nearby land uses;
4.
Staff training - with objectives to provide adequate knowledge and skills to
assist clients in obtaining permanent shelter and income;
5.
Communication and outreach with objectives to maintain good
communication and response to operational issues which may arise from the
neighborhood, city staff, or the general public;
6.
Screening of clients for admittance eligibility - with objectives to provide first
service to Buena Park residents;
7.
Counseling programs to be provided with referrals to outside assistance
agencies, and provide an annual report on this activity to the city; and
8.
Litter control - with an objective to provide for the timely removal of litter
attributable to clients within the vicinity of the facility.
M. The facility may provide the following services in a designated area separate from
sleeping areas:
1.
A recreation area either inside or outside the shelter;
2.
A counseling center for job placement, educational, health care, legal, or
mental health services;
3.
Laundry facilities to serve the number of clients at the shelter
4.
Kitchen for the preparation of meals;
5.
Dining hall;
6.
Client storage area (i.e. for the overnight storage of bicycles and personal
items); or
7.
Similar services geared to homeless clients.

agenda - Buena Park

Transcription

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