Agenda packet, regular meeting — Buena Park City Council, March 12, 2024 (part 2 of 3)

4. INCORPORATION. Except as expressly amended herein this Amendment No. 2, all other terms and provisions of the Agreement as modified by Amendment No. 1 shall govern this Amendment No. 2 and remain in full force and effect, being deem ed incorporated fully herein by this reference.

IN WITNESS WHEREOF, the parties hereto have executed and enter ed into this Amendment No. 2 as of the date first set forth above.

CITY OF BUENA PARK
a California Municipal Corporation

KNOWLAND CONSTRUCTION
SERVICES, INC.,

BY:

Aaron France, City Manager

Chris Knowland, President

Diane Knowland, Chief Executive
Officer
ATTEST:

BY:

Adria M. Jimenez, City Clerk

APPROVED AS TO FORM:

BY:

Christopher Cardinale,
City Attorney

PAGE 1 OF 11
1810847
Revised: 7-Sep-23

PROFESSIONAL SERVICES AGREEMENT
NO. 23-11

DATE: 07/13/2023

PROJECT: DSA Inspection Services for Whitaker School Park Project

PARTIES TO THE AGREEMENT:
“CITY” The CITY OF BUENA PARK, a California municipal corporation

Designated Official: Name: Mina Mikhael
Title: Director of Public Works/City Engineer
Telephone:

Mailing Address: 6650 Beach Boulevard
P.O. Box 5009
Buena Park, CA 90622-5009

THE CONSULTANT Knowland Construction Services, Inc
Name of Business

Representative: Name: Chris Knowland
Title: President
Telephone: (626) 786-4331
Address:

Mailing Address:
33 Narcissa Dr
Rancho palos Verdes, CA 90275

TERM OF SERVICE:

Commencement Date: 09/07/2023
Completion Date: 06/30/2024
CONTRACT AMOUNT: $54,600

APPROVED BY: ( ) City Council ( X ) City Manager ( ) Director of Public Works

THIS AGREEMENT MUST BE FIRST EXECUTED BY THE CONSULTANT OR ITS

REPRESENTATIVE AND APPROVED AS TO FORM BY THE CITY ATTORNEY BEFORE THE AGREEMENT MAY BE EXECUTED ON BEHALF OF THE CITY OF BUENA PARK.

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This Professional Services Agreement (“Agreement”) is dated September 7 2023, and is between Knowland Construction Services, Inc, a California corporation (the "CONSULTANT") and the CITY OF BUENA PARK , a California municipal corporation (the "CITY"). The CONSULTANT and the CITY are sometimes referred to herein collectively as the “Parties” and singularly as “Party”.

R E C I T A L S
A. The CITY desires to enter into this Agreement with CONSULTANT as an independent contractor to provide inspection services certified by the Division of the State Architect for Whitaker School Park Project (as further described herein the “Services”).

B. The CONSULTANT is fully qualified to perform the Services by virtue of its experience and the training, education and expertise of its principals and employees.

The Parties therefore agree as follows:

1.0 EMPLOYMENT OF CONSULTANT. The CITY shall engage the CONSULTANT and the CONSULTANT shall perform the Servicesrequired under this Agreement.

2.0 SCOPE OF SERVICES. The CONSULTANT shall perform during the term of this Agreement, those Servicesset forth in the Proposal for Project Inspectors from Consultant, dated June 20, 2023, attached hereto as Exhibit "A" ( “Consultant Proposal”), all to CITY’s reasonable satisfaction. The CONSULTANT shall commence performance of the Services upon receipt of a written notice from the Designated Official authorizing the CONSULTANT to proceed, and only to the extent of such authorization. The CITY may, from time to time, request changes in the scope of services of the CONSULTANT to be performed under this Agreement. Such changes shall be in the form of a written amendment to this Agreement signed by both Parties and shall include any additional compensation agreed to by the Parties.

3.0 TIME OF PERFORMANCE. The CONSULTANT shall commence performance of the Services immediately upon receipt of a written notice from the Designated Official and shall perform the Services in a timely, diligent manner in accordance with the Schedule of Performance included in Exhibit A or as modified in the Notice to Proceed issued by CITY.

4.0 TERM. The term of this Agreement shall commence on September 7, 2023, and shall remain in full force and effect until June 30, 2024, unless sooner terminated as provided in Section 10 of this Agreement.

5.0 COMPENSATION. Subject to the maximum compensation amount hereafter provided, the CITY shall compensate the CONSULTANT for the term of this Agreement based on the rates set forth in the Consultant Proposal. The maximum, “NOT-TO-EXCEED” compensation amount, including reimbursement for expenses, if any, that the CONSULTANT is entitled to receive pursuant to this Agreement is $54,600.

6.0 PAYMENT. Each month, the CONSULTANT shall submit invoices to the CITY for the services performed and any authorized reimbursable expenses incurred. The invoices shall describe in detail the services rendered during each day of the period, and shall show the days worked, personnel performing the services, number of hours worked, the hourly rates charged, milestone achievements, and, if applicable, reimbursable expenses incurred. The CONSULTANT shall remit the invoices to the address for the CITY specified on page one of this Agreement. The DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F PAGE 3 OF 13
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CITY shall review all invoices and notify the CONSULTANT in writing within ten (10) business days of any disputed amounts. The CITY shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt , up to the maximum compensatio n amount set forth in Section 5.0 of this Agreement. The CITY shall not withhold federal or state payroll or other taxes, or make deductions, from payments made to the CONSULTANT.

7.0 STANDARD OF SKILL . The CONSULTANT warrants that it possesses the professional expertise necessary to perform the Services. The CITY relies upon the skill of the CONSULTANT, and the CONSULTANT's staff, if any, to do and perform the Services in a skillful, competent, and pro fessional manner, and the CONSULTANT and CONSULTANT’s staff, shall perform the Services in such manner. The CONSULTANT shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of the CONSULTANT's work by the CITY shall not operate as a release of the CONSULTANT from such standard of care and workmanship.

8.0 INDEPENDENT CONTRACTOR. The CONSULTANT is retained by the CITY only to the extent set forth in this Agreement, and the CONSULTANT's relationship to the CIT Y is that of an independent contractor. The CONSULTANT shall be free to dispose of all portions of the CONSULTANT's time and activities that the CONSULTANT is not obligated to devote to the CITY in such a manner, and to such persons, firms or corporations , as the CONSULTANT sees fit except as expressly provided in this Agreement. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as set forth in this Agreement. The CONSULTANT shall not have the status of an employee under this Agreement, or be entitled to participate in any insurance, medical care, vacation, sick leave or other benefits provided for the CITY's officers or employees. The CONSULTANT shall have no power to incur any debt, obligation or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. The CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONSULTANT shall pay all required taxes on amounts paid to the CONSULTANT under this Agreement, and indemnify and hold the CITY harmless from any and all taxes, assessments, penalties and interest asserted against the CITY by reaso n of the independent contractor relationship created by this Agreement. The CONSULTANT shall fully comply with applicable workers’ compensation laws regarding the CONSULTANT and the CONSULTANT’s employees. The CONSULTANT shall indemnify and hold the CITY harmless from any failure of the CONSULTANT to comply with applicable workers’ compensation laws.

The CITY may offset against the amount of any compensation due to the CONSULTANT under this Agreement any amount due to the CITY from the CONSULTANT as a re sult of the CONSULTANT’s failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section 8.0.

9.0 INDEMNIFICATION. The CONSULTANT and the CITY agree that the CITY, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of t his Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the CITY and the Indemnitees. The CONSULTANT acknowledges that the CITY would not have entered into this Agreement in the absence of the commitment of the CONSULTANT to indemnify and protect the CITY and the Indemnitees, as set forth in this Agreement.

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9.1 Indemnity for Professional Services . To the fullest extent permitt ed by law, the CONSULTANT shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the CITY, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those CITY agents serving as independent contractors in the role of CITY officials (collectively “Indemnitees” in this Section 9.0 ), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith (collectively “Claims”), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT, or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this Agreement. CONSULTANT shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all cost s and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

9.2 Indemnity. To the fullest extent permitted by law, the CONSULTANT shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the CITY, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those CITY agents serving as independent contractors in the role of CITY officials (collectively “Indemnitees” in this Section 9.0 ) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith , and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of the CONSULTANT, or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that the CONSULTANT shall bear the legal liability thereof) in the performance of th is Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The CONSULTANT shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. The CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.]

9.3 Other Indemnities. Other than in the performance of professional services, and to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, to protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of account ants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Damages”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of CONSULTANT, its officers, agents, servants, employees, su bcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F PAGE 5 OF 13
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negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. CONSULTANT shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense.

CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

9.4 The obligations of the CONSULTANT under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act.

The CONSULTANT expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. The CONSULTANT’s indemnity obligation set forth in this Section 9.0 shall not be limited by the limits of any po licies of insurance required or provided by the CONSULTANT pursuant to this Agreement.

9.5 The CONSULTANT’s covenant under this Section 9.0 shall survive the expiration or termination of this Agreement.

10.0 TERMINATION OF AGREEMENT. The CITY may terminate this Agreement at any time during the term of the Agreement by giving the CONSULTANT not less than thirty (30) calendar days’ prior written notice. The CONSULTANT may only terminate this Agreement for cause, and by giving the CITY prior notice in writing with a reasonable opportunity to cure any purported default. If the Agreement is terminated by the CITY, and provided CONSULTANT is not then in breach, the CONSULTANT shall be paid for services satisfactorily rendered to the last working day the Agreement is in effect, and the CONSULTANT shall have no other claim against the CITY by reason of such termination. This Agreement may be extended beyond the term only by the written agreement of both Parties prior to the expiration of the term of the Agreement.

11.0 SAFETY REQUIREMENTS. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The CITY may issue restraint or cease and desist orders to the CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the Services. The CONSULTANT shall maintain the work sites free of hazards to persons and property resulting from its operations. The CONSULTANT shall immediately report to the CITY any hazardous condition noted by the CONSULTANT.

12.0 MANDATORY INSURANCE. The CONSULTANT shall maintain the following insurance coverage throughout the term of this Agreement, and , upon the CITY’s request, the CONSULTANT shall provide the CITY with evidence of such coverage, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance. Insurance coverage shall be provided in the forms and coverage amounts set forth in this Section 12.0.

12.1 Minimum Scope of Insurance. The CONSULTANT shall maintain policies with coverage at least as broad as:
(a) Insurance Services Office Commercial Gene ral Liability insurance (occurrence Form Number CG 00 01).
(b) Automobile Liability insurance with coverage at least as broad as Insurance Services Office Form Number CA 0001 covering “Any Auto” (Symbol 1).

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(c) Workers Compensation insurance as required by the Sta te of California , and Employer's Liability insurance.
(d) Professional Liability Insurance.

12.2 Minimum Limits of Insurance . The CONSULTANT shall maintain insurance coverage limits not less than:
(a) General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services, each location the Services are rendered, or the general aggregate limit shall be twice the required occurrence limit, and shall contain specific language creating a duty to defend against any suit seeking damages.
(b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(c) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (d) Professional liability: $2,000,000 per claim, with an extended reporting period of not less than two years.

12.3 Deductibles and Self -insured Retentions: Any deductibles or self -insured retentions must be declared to and approved by the CITY prior to the CONSULTANT commencing any work under this Agreement. At the CITY’s option, either: (i) the insurer shall reduce or eliminate the deductibles or self–insured retentions with respect to the CITY, its elected officials, officers, attorneys, agents, employees and designated volunteers; or (ii) the CONSULTANT shall provide a bond or other financial guarantee, satisfactory to the CI TY, guaranteeing payment of losses and related investigations, claim administration and defense expenses.

12.4 Required Endorsements. Each insurance policy required by this Section 12 .0 shall be endorsed as follows:
(a) Except with respect to any employer’s liability or professional liability/errors and omission liability policies required by this Section 12.0, the CITY, its elected officials, officers, attorneys, agents, employees, independent contractors serving in the role of city officials and designated volunteers shall be named as additional insureds (collectively, “Additional Insureds” sometimes hereafter in this Section 12.0).
(b) Additional Insured Endorsements shall not:
(1) Be limited to “Ongoing Operations”;
(2) Exclude “Contractual Operations”;
(3) Restrict coverage to the “Sole” liability of the CONSULTANT; or (4) Contain any other exclusion contrary to this Agreement.

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(c) For any claims related to the project to which the Services relate , this Agreement or the Services performed under this Agreement , the C ONSULTANT's insurance coverage shall be primary to any other similar insurance carried by the CITY. Any insurance or self-insurance maintained by the CITY or any of the Additional Insureds, shall be in excess of the CONSULTANT's insurance and shall not be called upon to contribute with it. (d) All insurance coverage shall contain a provision that prohibits cancellation, modification or lapse without thirty (30) calendar days' prior written notice from insurer to the CITY.

The notice shall be provided via certified mail, return receipt requested. The CONSULTANT shall require its insurer to modify the applicable policy and all certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. (e) Each policy shall be endorsed to state that the insurer waives the right of subrogation against the CITY and its officers, employees, agents, independent contractors serving in the role of city officials and designated volunteers.

12.5 Other Insurance Provisions. The CONSULTANT and the CITY further agree as follows:
(a) All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the CITY or its operations limits the application of the insurance coverage.
(b) Requirements of specific coverage features or limit s contain ed in this Section 12.0 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. (c) All insurance coverage shall cover the CONSULTANT’s operations pursuant to the terms of this Agreement.
(d) Any actual or alleged failure on the part of the CITY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of the CITY or any additional insured, in this or any other regard.
(e) In the e vent any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, the CITY has the right, but not the duty, to obtain the insurance it deems necessary and the CONSULTANT shall promptly reimburse to the CITY any premium paid by the CITY.
(f) The CONSULTANT shall provide immediate notice to the CITY of any claim or loss against the CONSULTANT that includes the CITY or any of the Additional Insureds as a defendant. The CITY assumes no obligation or liability from the notice. The CITY shall have the right, but not the duty, to monitor the handling of the claim or claims if they are likely to involve the CITY.

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12.6 Acceptability of Insurers. All insurance coverage required by this Section 12.0 shall be written by insurers admitted to conduct business in the State of California by the Department of Insurance and rated “A:VIII” in the most recent A.M. Best's Insurance Rating Guide.

12.7 Verification of Coverage . The CONSULTANT shall furnish the CITY with evidence of the insurance required by this Section 12.0, satisfactory to the CITY. The evidence shall consist of original certificates of insurance and amendatory endorsements, including an additional insured endorsement. The endorsements shall be on forms provided by the CITY or on such other forms approved by the CITY in writing, and amended to conform to the CITY's requirements. The CONSULTANT shall file all certificates of insurance and fully executed endorsements with the CITY before commencing performance of the Services. Thereafter, the CONSULTANT shall provide proof that the policies of insurance required under this Agreement and expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. The CONSULTANT shall furnish such proof to the CITY prior to the expiration of the affected coverages. The CITY may require complete, certified copies of all required insurance policies, including endorsements effectin g the coverage required by these specifications at any time. The CONSULTANT shall provide complete copies of policies to the CITY upon request.

12.8 Subcontractors. The CONSULTANT shall include all subcontractors , or any other party involved in the performance of the Services, as insureds under its policies or shall require subcontractors or any other party involved in the Services by the CONSULTANT to carry the same insurance as required in this Section 12.0. The CONSULTANT shall obtain certificates evidencing the coverage and make reasonable efforts to ensure that the coverage is provided as required in this Section 12.0 . The CONSULTANT shall require that no contract used by any subcontractor, or contract the CONSULTANT enters into on behalf of the CITY, shall reserve the right to charge back to the CITY the cost of insurance required by this Agreement. The CONSULTANT shall, upon request, submit to the CITY for review , all agreements with subcontractors or others with whom the CONSULTANT contracts with on behalf of the CITY, and all certificates of insurance obtained in compliance with this Section 12.8. The CITY’s failure to request copies of the documents shall not impose any liability on the CITY, or its employees, or be deemed a waiver of any of the CITY’s rights.

13.0 WORK PRODUCT.

13.1 Deliverables. The CONSULTANT shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. The CONSULTANT shall, upon request by the CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to the CONSULTANT by the CITY.

13.2 Ownership.

(a) All draft and final reports, documents and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files or other media whatsoever, created or developed by the CONSULTANT in the performance of this Agreement (collectively, “Work Pro duct”) shall be considered to be “works made for hire” for the benefit of the CITY. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of CITY without restriction or limitation upon their use, duplication or dissemination by the CITY upon final payment being made. The CONSULTANT shall not DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F PAGE 9 OF 13
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obtain or attempt to obtain copyright protection as to any of the Work Product.

(b) The CONSULTANT hereby assigns to the CITY all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights that are not otherwise vested in the CITY pursuant to subsection (a) above.

(c) The CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, the CITY shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. The CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers and agents serving as independent contractors in the role of city officials, harmless from any loss, claim or liability in any way related to a claim that the CITY’s use of any of the Work Product is violating federal, state or local laws, or any contra ctual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights or interests in products, ideas or inventions.

Consultant shall bear all costs arising fro m the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event any the use of any of the Work Product o r other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall:
(a) secure for the CITY the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for the CITY; or (b) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. The CONSULTANT’s covenants under this Section 13.2 shall survive the expiration or termination of this Agreement.

13.3 Confidentiality. Except as otherwise required by law, t he CONSULTANT shall not disclose, publish or authorize others to disclose or publish, design data , drawings, specifications, reports or other information pertaining to the Services assigned to the CONSULTANT by the CITY or other information to which the CONSULTANT has had access during the term of this Agreement without the Designated Official’s prior written approval.

CONSULTANT’s covenant under this Section 13.3 shall survive the expiration or termination of this Agreement.

13.4 Records. The CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information relating to the Services, as required by the CITY or the Designated Official. The CONSULTANT shall maintain adequate records on services provided in sufficient detail to permit an evaluation of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. At all times during regular business hours, the CONSULTANT shall provide access to such books and records to the Designated Official, or his or her designees, and shall give the Designated Official , or his or her designees , the right to examine and audit such books and records and to make transcripts as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement.

14.0 ASSIGNMENT AND SUBCONTRACTING. This Agreement is personal to the CONSULTANT, and the CITY has entered this Agreement in reliance on the CONSULTANT’s skill, competence and experience . The CONSULTANT shall not ass ign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without the CITY’s prior DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F PAGE 10 OF 13
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written consent, by and through the Designated Official. The CITY’s consent to an assignment of rights under this Agreement shal l not release the CONSULTANT from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the CONSULTANT in violation of this Section 14.0 shall be void and of no effect and s hall entitle the CITY to immediately terminate this Agreement for cause . The CONSULTANT's services under to this Agreement shall be provided by the Representative or directly under the supervision of the Representative and the CONSULTANT shall not assign another to supervise the CONSULTANT's performance of this Agreement without the CITY’s prior written approval, by and through the Designated Official. As used in this Section 14.0, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. The CONSULTANT shall not subcontract any performance required under this Agreement without the CITY’s prior written consent.

15.0 MISCELLANEOUS TERMS.

15.1 Nuisance. The CONSULTANT shall not maintain, commit or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

15.2 Permits and Licenses. The CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

15.3 Conflicts of Interest. The CONSULTANT shall comply with all applicable federal, state and local conflict of Interest laws, including the Political Reform Act (Cal . Gov. Code, § 81000 et seq. ) and California Government Code Section 1090. During the term of this Agreement, the CONSULTANT may perform similar services for other clients, but the CONSULTANT and its officers, employees, associates and subconsultants shall not, without the City Manager’s prior written approval , perform work for another person or entity for whom the CONSULTANT is not currently performing work that would require the CONSULTANT, or one of its officers, employees, associates or subconsultants, to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

15.4 Waiver. No delay or omission to exercise any right, power or remedy accruing to the CITY under this Agreement shall impair any right, power or remedy of the CITY, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver by the CITY of any breach, any failure of a condition, or any right or remedy under this A greement shall be : (1) effective unless it is in writing and signed by the Party making the waiver ; (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

15.5 Accomplishment of Services. The CONSULTANT shall commence, carry on and complete its assignments with all practicable dispatch, in a sound, economical, and efficient manner in accordance with all applicable laws and generally accepted industry and applicable professional standards.

15.6 Captions for Convenience Only . The titles of the sections, subsections and paragraphs set forth in this Agreement are inserted for convenience and reference only and shall DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F PAGE 11 OF 13
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be disregarded in construing or interpreting any of the provisions of this Agreement and the rights or obligations of the Parties to this Agreement.

15.7 Word Usage. Unless the context clearly requires otherwise, (a) the word “shall” is mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

15.8 Notices. Any notice , consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be given in writing to the person at the addresses specified on first page of this Agreement and deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during the CONSULTANT’s and the CITY’s regular business hours, or (c) three business days after deposit in the United States mail, by first class mail, postage prepaid. Either Party may change the specified person or address at which it is to receive notices by advising the other Party in writing.

15.9 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

15.10 When Rights and Remedies Not Waived . In no event shall the making by the CITY of any payment to the CONSULTANT constitute or be construed as a w aiver by the CITY of any breach of covenant, or any default that may then exist, on the part of the CONSULTANT, and the making of any such payment by the CITY while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default.

15.11 Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the in terest of justice to do so, award the full amount of costs, expenses and attorneys' fees paid or incurred in good faith.

15.12 Compliance with Laws . In the performance of the work required by this Agreement, the CONSULTANT shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and with the CITY's Municipal Code, ordinances, regulations and policies. [IF THE AGREEMENT CALLS FOR SERVICES THAT, IN WHOLE OR IN PART, CO NSTITUTE “PUBLIC WOR KS,” SUCH AS BOU NDARY SURVEY

WORK, TOPOGRAPHICAL SURVEY WORK, RELOCATION WORK, CON STRUCTION

INSPECTION, TESTING AND OVERSIGHT SERVIC ES, SITE ASSEMBLY WO RK,

PRECONSTRUCTION TEST ING AND INSPECTION S ERVICES, INSTALLATIO N AND

REMOVAL OF TEMPORARY FENCING AT PROJECT S ITES, OR GEOTECHNICAL WORK (INCLUDING SOIL AND COMPACTION TESTING, FIELD TECHNICIAN OBSERVATION OF

ALL TRENCHING AND BACKFILL OPERATIONS, AND FIELD TECHNICIAN INSTALLATION

OF MONITORING DEVICES), USE THE FOLLOWIN G LANGUAGE AND INCLUDE EXHIBIT C: Further, this Agreement may call for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works,” the CONSULTANT shall comply in all respects with the all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto.] DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F PAGE 12 OF 13
Revised: 7-Sep-23

15.13 Severability. If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.

15.14 Governing Law. The terms of this Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California , without regard for its conflicts of laws principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement . Any dispute that arises under or relates to this Agreement (whether contract, tort or bo th) shall be resolved in superior or federal court with geographic jurisdiction over the City of Buena Park.

15.15 Integrated Agreement and Modificaiton of Agreement. This Agreement, and all exhibits referred to in this Agreement, constitutes the final, complete and exclusive statement of the terms of the agreement between the CITY and the CONSULTANT with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous oral or written negotiations, representations or agree ments of the Parties . No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may be modified only by a writing signed by both Parties.

15.16 Authority to Bind Parties. Each of the undersigned hereby represents that he or she has the authority to execute this Agreement on behalf of his or her contracting Party.

15.17 Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement by this reference. In the event of any inconsistency between the express provisions of this Agreement and any provision in Exhibit A or any other exhibit, the provisions of this Agreement shall prevail.

15.18 Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance.

DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F PAGE 13 OF 13
Revised: 7-Sep-23

In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above.

CITY OF BUENA PARK

a California municipal corporation
CONSULTANT*

Knowland Construction Services, Inc
Name of Business

Signature

Name: Aaron France Name: Chris Knowland

Title:

City Manager

Title:

President

Signature

Name: Diane Knowland

Title:

Chief Executive Officer

* Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 , unless corporate documents provided to the ity authorize only one person to sign this Agreement on behalf of the corporation.

ATTEST:
(SEAL)

_____________________________________
Adria M. Jimenez, MMC, City Clerk

APPROVED AS TO FORM:

_____________________________________
Christopher G. Cardinale, City Attorney
DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F

Knowland Construction Services June 20, 2023

PROPOSAL FOR PROJECT INSPECTORS
CLIENT: City of Buena Park INSPECTORS: Mark Sarraffe / Austin Knowland / Katie Knowland / Chris Knowland (or other approved IOR/PE, as required)
PROJECT: Whitaker School Park Project #04-120094
DURATION: September 2023 – March 2024 7 months
RATE: $7,800.00 per month
TOTAL ESTIMATE: $54,600.00
PROJECT INSPECTOR AGENCY AGREEMENT AND CONTRACT DUTIES:

1. Knowland Construction Services agrees to provide for continuous inspection of work for compliance with approved contract documents. Project Inspector duties as outlined in Title 24, Part 1, Chapter 4, Sections 4-333 thru 4-342 California Code of Regulations, including DSA Interpretive Regulations A-6, A-7, A-8, and as incorporated in the following paragraphs.

2. Represent the Client under the guidance of the designee of the District Superintendent. KCS shall attend all planning, pre-construction conference, project meetings, or meetings as required by the District.

3. Monitor and observe all Special Inspections performed by the Client’s contracted Testing Lab as required by the Testing and Inspections Sheet and as outlined in the Project Specifications. Maintain and update a log specifying hours spent on the project by Special Inspectors. Perform or monitor testing for Torque, Epoxy, Pull Tests, and other tests as approved by the DSA Field Engineer. Knowland Construction Services shall assist in minimizing unnecessary costs for testing where possible.

4. The Agreement shall begin upon written notice by a representative of the Client and remain in effect continuously until project closeout, unless terminated in writing. This Agency Agreement shall be assignable to other projects and shall apply to other Inspectors / PM / PEs as requested and approved by the Client.

DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F The Client shall not employ, contract, or engage in business or mutually beneficial relationships with KCS personnel introduced to the Client through Knowland Construction Services for a period of two (2) years after the dissolution of any contracts through Knowland Construction Services unless permission is granted prior to such relationships.

5. Knowland Construction Services shall maintain in effect all required insurances listed in the City of Buena Park PLA.

6. KCS shall visit the site daily and communicate with the contractor for all days work is occurring on site and shall invoice in (5) hour increments (to include drive time, report writing and administration) for each site visit after initial scheduled work is complete. Overtime shall be billed at 1 ½ times standard pay or per the local operator’s union. Fee’s are inclusive of KCS management, administration, and work performed off-site in support of the project and DSA requirements.

Knowland Construction Services (Project Inspectors /Project Managers/ Engineers) shall provide all necessary cell phones, laptop computers, digital cameras, and equipment necessary to maintain proper documentation and administrative functions throughout the duration of the project. The City shall provide all utility lines, office space and furniture as required. KCS at its own discretion may utilize project managers or project engineers to perform administrative, report writing, DSA Box, and other duties where it is in the interest of the project.

7. In the event the project is extended beyond the contracted schedule, additional work shall be prorated. A minimum of 2 hours per week shall be applied for DSA oversight and administration until the project is completed and certified by DSA.

Other arrangements shall be as negotiated between the Client and Knowland Construction Services as necessary.

Christopher Knowland
Christopher Knowland – KCS Agent – City of Buena Park
Knowland Construction Services
DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F EXHIBIT “B”

CALIFORNIA LABOR CODE COMPLIANCE
[Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700]

If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:

1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Consultant agree to be bound by all the provisions thereof as though set forth in full herein.

2. Consultant shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to CITY prior to the Effective Date of this Agreement.

3. Consultant agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at
(http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Consultant shall, as a penalty to the City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Consultant or by any subcontractor.

4. Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Consultant shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).

5. Consultant shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Consultant and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. Consultant shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

7. Consultant shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”

Date _______________ Signature ____________________________________

DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F 9/7/2023 | 10:45:57 AM PDT
08/11/2023
Cornerstone Specialty Insurance Services, Inc.
14252 Culver Drive, A299
Irvine CA 92604
Aimee Guesno
(714) 731-7700 (714) 731-7750
[email protected]
KNOWLAND CONSTRUCTION SERVICES, INC.
33 Narcissa Drive
Rancho Palos Verdes CA 90275
RLI Insurance Company 13056
22/23 COVERAGES
A

ADDT'L INSURED / PRIMARY
BLNKT WVR OF SUBRO Y Y PSB0009795 12/15/2022 12/15/2023 2,000,000
1,000,000
10,000

INCLUDED
4,000,000
4,000,000
A PSB0009795 12/15/2022 12/15/2023
2,000,000
A
0 PSE0004801 12/15/2022 12/15/2023
3,000,000
3,000,000
A

PROFESSIONAL LIABILITY
Claims Made RDP0049165 12/15/2022 12/15/2023
EACH CLAIM: $2,000,000
ANNUAL AGGREGATE: $4,000,000
Certificate Holder is Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. *30 days notice of cancellation, except for 10 days notice for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period.

City of Buena Park Public Works Dept.
6650 Beach Blvd.

Buena Park CA 90622

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
By Laurie Aubuchon at 9:48 am, Aug 21, 2023
DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F Policy Number: PSB0009795 RLI Insurance Company
Named Insured: Knowland Construction Services, Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR PROFESSIONALS

BLANKET ADDITIONAL INSURED ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY

1. C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:

a. In the performance of your ongoing operations;

b. In connection with premises owned by or rented
to you; or

c. In connection with “your work” and included
within the “product-completed operations
hazard”.

2. The insurance provided to the additional insured by this endorsement is limited as follows:

a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.

b. This insurance does not apply to the rendering
of or failure to render any "professional
services".

c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.

3. The following is added to SECTION III H.2. Other
Insurance – COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II –

LIABILITY)

However, if you specifically agree in a contract or
agreement that the insurance provided to an additional insured under this policy must apply on a
primary ba sis, or a primary and non-contributory
basis, this insurance is primary to other insurance that is available to such additional insured which covers
such additional insured as a named insured, and we
will not share with that other insurance, provided that:

a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have
entered into that contract or agreement; or

b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed af ter you have entered into that
contract or agreement.

4. The following is added to SECTION III K. 2.

Transfer of Rights of Recovery Against Others to
Us – COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION II –

LIABILITY)

We waive any rights of recovery we may have against
any person or organization because of payments we
make for "bodily injury", "property dam age" or
"personal and advertising injury" arising out of "your
work" performed by you, or on your behalf, under a
contract or agreement wi th that person or
organization. We waive these rights only where you
have agreed to do so as part of a contract or
agreement with such person or organization entered
into by you before the "bodily injury" or "property
damage" occurs, or the "personal and advertising
injury" offense is committed.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

PPB 304 02 12 Page 1 of 1
DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F Policy Number:PSE0004801 RLI Insurance Company
Named Insured: Knowland Construction Services, Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR DESIGN PROFESSIONALS

EXCESS LIABILITY ENHANCEMENT

SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT

B. Additional Insured – Primary/Non-contributory
C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us

This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE FORM

B. Additional Insured – Primary/Non-
contributory

Paragraph K. Other Insurance of SECTION
IV – CONDITIONS is deleted and replaced by
the following:

K. Other Insurance
If other insurance, whether collectible or not,
is available to the insured covering a loss
also covered by this policy, the insurance
afforded by this policy shall be in excess of,
and shall not contribute with, such other
insurance. However, if the underlying
insurance provides coverage to an
additional insured on a primary basis, or a
primary and non-contributory basis, this
insurance shall be available to such
additional insured on an excess basis over
the underlying insurance. We will not share
with other insurance which covers such
additional insured as a named insured.

C. Waiver Of Transfer Of Rights Of Recovery
Against Others To Us

Paragraph L. Subrogation of SECTION IV –
CONDITIONS is deleted and replaced by the
following:

L. Subrogation
In the event of any payment under this policy,
the insured must notify us of any of the
insured's rights of recovery against any person
or organization. We shall be subrogated to all
such rights. The insured shall execute and
deliver instruments and papers and do
whatever else is necessary to secure such
rights. The insured shall do nothing after loss
to prejudice such rights. However we waive
any rights of recovery we may have against
any person or organization if the underlying
insurance also waives such rights.

Any amount recovered through subrogation or
otherwise shall be apportioned in the inverse
order of payment of the claim or claims
involved to the extent of actual payment
thereof by all interests. The expenses of all
such recoveries and proceedings in
connection therewith shall be apportioned in
the ratio of respective recoveries. With respect
to proceedings conducted solely by us, if there
is no recovery, we will bear the expense
thereof. If there is a recovery, we shall be
reimbursed in full from
such recovery for the amount of all expenses
incurred by us before apportionment

DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F 08/17/2023Phone: (951)553-7400Diamond Valley Insurance Services, Inc.41856 Ivy Street # 108MURRIETA, CA 92562License #: 0H94716KNOWLAND CONSTRUCTION SERVICES33 NARCISSA DRRANCHO PALOS VERDES, CA 90275-5927Mercury Casualty Company 38342A Y BA040000030888 12/07/2022 12/07/2023XXX 1,000,000State Compensation Insurance Fund35076 B 1793826-2023 07/01/2023 07/01/2024X1,000,0001,000,0001,000,000Certificate holder, its agents, representatives, employees are named as an additional insured per the Auto endorsement attached. 30 days notice of intent to cancel, except 10 days for non payment of premium.City of Buena Park6650 Beach BlvdBuena Park, CA 90621 (SMC)Printed by SMC on 08/17/2023 at 04:06PM
TM
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADD'LLTRINSRDDATE (MM/DD/YYYY)PRODUCERINSUREDPOLICY EFFECTIVE POLICY EXPIRATIONPOLICY NUMBER LIMITSDATE (MM/DD/YY) DATE (MM/DD/YY)TYPE OF INSURANCEGENERAL LIABILITYAUTOMOBILE LIABILITYGARAGE LIABILITYEXCESS/UMBRELLA LIABILITYWORKERS COMPENSATION ANDEMPLOYERS' LIABILITYOTHERDESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONSSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIONDATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTENNOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALLIMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS ORREPRESENTATIVES.AUTHORIZED REPRESENTATIVE INSURER A:INSURER B:INSURER C:INSURER D:INSURER E:EACH OCCURRENCE $DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurence)CLAIMS MADE OCCUR MED EXP (Any one person) $PERSONAL & ADV INJURY $GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $PRO-POLICY LOCJECTCOMBINED SINGLE LIMIT$(Ea accident)ANY AUTOALL OWNED AUTOSBODILY INJURY$(Per person)SCHEDULED AUTOSHIRED AUTOSBODILY INJURY$(Per accident)NON-OWNED AUTOSPROPERTY DAMAGE$(Per accident)AUTO ONLY - EA ACCIDENT $ANY AUTO EA ACC $OTHER THANAUTO ONLY:AGG $EACH OCCURRENCE $OCCUR CLAIMS MADE AGGREGATE $$DEDUCTIBLE $RETENTION $ $WC STATU- OTH-TORY LIMITS ERE.L. EACH ACCIDENT $E.L. DISEASE - EA EMPLOYEE $If yes, describe underE.L. DISEASE - POLICY LIMIT $SPECIAL PROVISIONS below THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.INSURERS AFFORDING COVERAGE NAIC #COVERAGES CERTIFICATE HOLDER CANCELLATIONACORD 25 (2001/08)© ACORD CORPORATION 1988

ACORDCERTIFICATE OF LIABILITY INSURANCE
DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F Printed by SMC on August 17, 2023 at 04:06PMACORD 25 (2001/08) If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statementon this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies mayrequire an endorsement. A statement on this certificate does not confer rights to the certificateholder in lieu of such endorsement(s).The Certificate of Insurance on the reverse side of this form does not constitute a contract betweenthe issuing insurer(s), authorized representative or producer, and the certificate holder, nor does itaffirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.DISCLAIMERIMPORTANT DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F DocuSign Envelope ID: 9C324290-05D1-4787-B920-B22D6DA55B3F AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT 23-11

This Amendment to Professional Services Agreement No. 23-11 (“Amendment”) is dated as of November 29, 2023, and is between the City of Buena Pa rk, a California municipal corporation (“CITY”) and KNOWLA ND CONSTRUCTION SERVICES, INC. (“CONSULTANT”). CITY and CONSULTANT are at times referred to herein jointly a s the “Parties” and individually as a “Party.”

WHEREAS, the Parties previously entered into a Professional Services Agreement dated September 7, 2023, (the “Agreement”), pursuant to which CITY re tained CONSULTANT to provide inspection services certified by the Division of the State Architect (“DSA”) for the Whitaker School Park Project, as such “Services” are more specifically defined in the Agreement; and

WHEREAS, the Parties desire to amend the Agreement to expand th e Services to be provided by CONSULTANT to include DSA-approved inspection servi ces during the manufacturing of certain modular restroom structures to be used in the Whitaker Park Project.

NOW THEREFORE, the Parties hereto agree as follows:

1. RECITALS. The foregoing recitals are true and correct and incorporated as a material part of this Amendment.

2. ADDITIONAL SERVICES. In addition to the Services defined in Section 2 of the Agreement, CONSULTANT shall perform those additional services s et forth in the CONSULTANT’s “Proposal for In-Plant Inspection” services, attac hed to this Amendment as Exhibit "A" (“Additional Services”), all to CITY’s reasonable satisfaction. CONSULTANT shall commence performing the Additional Services upon receipt of a written notice from CITY authorizing CONSULTANT to proceed, and only to the extent of such authorization.

CITY may, from time to time, request further changes in the sco pe of services to be performed by CONSULTANT under this Agreement. Such changes shall be in the form of a further written amendment to the Agreement signed by both Par ties and shall include any additional compensation agreed to by the Parties.

3. COMPENSATION. Subject to the maximum compensation amount hereafter provided, the CITY shall compensate CONSULTANT for the Additional Services at the rates set forth in Exhibit “A” to this Amendment, provided that the maximum total “NOT-TO-EXCEED” compensation that may be paid CONSULTANT under this Amendment, including reimbursement for expenses, if any, is $29,400.00.

4. INCORPORATION. Except as expressly amended herein this Amendment, all other terms and provisions of the Agreement shall govern this Amendment and remain in full force and effect, being deemed incorporated fully herein by this reference.

[signatures on following page]

DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6

Page 2 ends

IN WITNESS WHEREOF, the parties hereto have executed and enter ed into this Amendment as of the date first set forth above.

CITY OF BUENA PARK
a California Municipal Corporation

KNOWLAND CONSTRUCTION
SERVICES, INC.,

BY:

Aaron France, City Manager

Chris Knowland, President

Diane Knowland, Chief Executive
Officer
ATTEST:

BY:

Adria M. Jimenez, City Clerk

APPROVED AS TO FORM:

BY:

Christopher Cardinale,
City Attorney

DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6

12/21/2023
Cornerstone Specialty Insurance Services, Inc.
14252 Culver Drive, A299
Irvine CA 92604
Aimee Guesno
(714) 731-7700 (714) 731-7750
[email protected]
KNOWLAND CONSTRUCTION SERVICES, INC.
33 Narcissa Drive
Rancho Palos Verdes CA 90275
RLI Insurance Company 13056
23/24 COVERAGES
A

ADDT'L INSURED / P & NC
BLNKT WVR OF SUBRO Y Y PSB0009795 12/15/2023 12/15/2024 2,000,000
1,000,000
10,000

INCLUDED
4,000,000
4,000,000
A PSB0009795 12/15/2023 12/15/2024
2,000,000
A
0 PSE0004801 12/15/2023 12/15/2024
3,000,000
3,000,000
A
Professional Liability
Claims Made RDP0052895 12/15/2023 12/15/2024
Each Claim $2,000,000
Annual Aggregate $4,000,000
City of Buena Park is Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. *30 days notice of cancellation, except for 10 days notice for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period.

City of Buena Park Public Works Dept.
6650 Beach Blvd.

Buena Park CA 90622

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
By Laurie Aubuchon at 2:02 pm, Dec 21, 2023
DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 Policy Number:PSE0004801 RLI Insurance Company
Named Insured: Knowland Construction Services, Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR DESIGN PROFESSIONALS

EXCESS LIABILITY ENHANCEMENT

SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT

B. Additional Insured – Primary/Non-contributory
C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us

This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE FORM

B. Additional Insured – Primary/Non-
contributory

Paragraph K. Other Insurance of SECTION
IV – CONDITIONS is deleted and replaced by
the following:

C. Waiver Of Transfer Of Rights Of Recovery
Against Others To Us

Paragraph L. Subrogation of SECTION IV –
CONDITIONS is deleted and replaced by the
following:

DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 Policy Number: PSB0009795 RLI Insurance Company
Named Insured: Knowland Construction Services, Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR PROFESSIONALS

BLANKET ADDITIONAL INSURED ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY

a. In the performance of your ongoing operations;

b. In connection with premises owned by or rented
to you; or

c. In connection with “your work” and included
within the “product-completed operations
hazard”.

2. The insurance provided to the additional insured by this endorsement is limited as follows:

a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.

b. This insurance does not apply to the rendering
of or failure to render any "professional
services".

c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.

3. The following is added to SECTION III H.2. Other
Insurance – COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II –

LIABILITY)

a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have
entered into that contract or agreement; or

b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed af ter you have entered into that
contract or agreement.

4. The following is added to SECTION III K. 2.

Transfer of Rights of Recovery Against Others to
Us – COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION II –

LIABILITY)

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

PPB 304 02 12 Page 1 of 1
DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 08/17/2023Phone: (951)553-7400Diamond Valley Insurance Services, Inc.41856 Ivy Street # 108MURRIETA, CA 92562License #: 0H94716KNOWLAND CONSTRUCTION SERVICES33 NARCISSA DRRANCHO PALOS VERDES, CA 90275-5927Mercury Casualty Company 38342A Y BA040000030888 12/07/2022 12/07/2023XXX 1,000,000State Compensation Insurance Fund35076 B 1793826-2023 07/01/2023 07/01/2024X1,000,0001,000,0001,000,000Certificate holder, its agents, representatives, employees are named as an additional insured per the Auto endorsement attached. 30 days notice of intent to cancel, except 10 days for non payment of premium.City of Buena Park6650 Beach BlvdBuena Park, CA 90621 (SMC)Printed by SMC on 08/17/2023 at 04:06PM
TM
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADD'LLTRINSRDDATE (MM/DD/YYYY)PRODUCERINSUREDPOLICY EFFECTIVE POLICY EXPIRATIONPOLICY NUMBER LIMITSDATE (MM/DD/YY) DATE (MM/DD/YY)TYPE OF INSURANCEGENERAL LIABILITYAUTOMOBILE LIABILITYGARAGE LIABILITYEXCESS/UMBRELLA LIABILITYWORKERS COMPENSATION ANDEMPLOYERS' LIABILITYOTHERDESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONSSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIONDATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTENNOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALLIMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS ORREPRESENTATIVES.AUTHORIZED REPRESENTATIVE INSURER A:INSURER B:INSURER C:INSURER D:INSURER E:EACH OCCURRENCE $DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurence)CLAIMS MADE OCCUR MED EXP (Any one person) $PERSONAL & ADV INJURY $GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $PRO-POLICY LOCJECTCOMBINED SINGLE LIMIT$(Ea accident)ANY AUTOALL OWNED AUTOSBODILY INJURY$(Per person)SCHEDULED AUTOSHIRED AUTOSBODILY INJURY$(Per accident)NON-OWNED AUTOSPROPERTY DAMAGE$(Per accident)AUTO ONLY - EA ACCIDENT $ANY AUTO EA ACC $OTHER THANAUTO ONLY:AGG $EACH OCCURRENCE $OCCUR CLAIMS MADE AGGREGATE $$DEDUCTIBLE $RETENTION $ $WC STATU- OTH-TORY LIMITS ERE.L. EACH ACCIDENT $E.L. DISEASE - EA EMPLOYEE $If yes, describe underE.L. DISEASE - POLICY LIMIT $SPECIAL PROVISIONS below THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.INSURERS AFFORDING COVERAGE NAIC #COVERAGES CERTIFICATE HOLDER CANCELLATIONACORD 25 (2001/08)© ACORD CORPORATION 1988

ACORDCERTIFICATE OF LIABILITY INSURANCE
DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 Printed by SMC on August 17, 2023 at 04:06PMACORD 25 (2001/08) If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statementon this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies mayrequire an endorsement. A statement on this certificate does not confer rights to the certificateholder in lieu of such endorsement(s).The Certificate of Insurance on the reverse side of this form does not constitute a contract betweenthe issuing insurer(s), authorized representative or producer, and the certificate holder, nor does itaffirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.DISCLAIMERIMPORTANT DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6 DocuSign Envelope ID: C549F392-2899-420D-B112-A9D54996B6F6

DSA INSPECTORS
Knowland Construction Services
33 Narcissa Drive, Rancho Palos Verdes, CA 90275
Phone: (626) 757-4141 / Email: [email protected]

COST PROPOSAL FOR IN-PLANT INSPECTORS

CLIENT: City of Buena Park

INSPECTION FIRM: Steel Inspectors of Texas, Inc.

PROJECT: James A. Whitaker Elementary School Shade Structure

DURATION: (12) working days at USA Shade Plant in Texas

TOTAL ESTIMATE: $6,800.00 NTE

*Hourly Rate increase of $3 at the start of every January of the construction/ contract period.

IN-PLANT INSPECTOR AGENCY AGREEMENT AND CONTRACT DUTIES:

1. Knowland Construction Services shall maintain in effect a $1 million General Liability insurance policy, Workman’s Compensation as required, and Full Liability Auto Insurance as required. Client requests for additional insurance shall be paid additionally by the Client at current market rates.

2. City of Buena Park agrees to pay Knowland Construction Services the cost of the added scope of providing in -plant welding inspection services for the Whitaker ES Shade Structure. The Client agrees to pay KCS at the rate as outlined in the proposal above within 30 working days of receipt of invoice. KCS shall bill in the full amount of the proposal NTE amount upon completion of the desired in- plant inspections. KCS at its own discretion may utilize project managers or project engineers to perform administrative, report writing, DSA Box, and other duties where it is in the interest of the project.

Dated: February 20, 2024 Dated: February 20, 2024 Christopher Knowland
____________________________________ __________________________________ Christopher Knowland – KCS Agent – City of Buena Park

DSA INSPECTORS
Knowland Construction Services
33 Narcissa Drive, Rancho Palos Verdes, CA 90275
Phone: (626) 757-4141 / Email: [email protected]

COST PROPOSAL FOR PROJECT INSPECTION SERVICES

CLIENT: City of Buena Park

INSPECTORS: Chris Knowland / Kaz Elshafie / Todd Hainsworth / Carlos Madrid / or other approved IOR/PE

PROJECT: James A. Whitaker Elementary School Playground Equipment

DURATION: April 2024 – May 2024

TOTAL ESTIMATE: $6,000.00 Fixed Fee NTE

*Hourly Rate increase of $3 at the start of every January of the construction/ contract period.

IN-PLANT INSPECTOR AGENCY AGREEMENT AND CONTRACT DUTIES:

2. City of Buena Park agrees to pay Knowland Construction Services the cost of the added scope of providing inspection services for the Whitaker ES Playground Equipment. The Client agrees to pay KCS at the rate as outlined in the proposal above within 30 working days of receipt of invoice. KCS shall bill in the full amount of the proposal NTE amount upon completion of the desired IOR inspections. KCS at its own discretion may utilize project managers or project engineers to perform administrative, report writing, DSA Box, and other duties where it is in the interest of the project.

Dated: February 29, 2024 Dated: February 29, 2024 Christopher Knowland
____________________________________ __________________________________ Christopher Knowland – KCS Agent – City of Buena Park City of Buena Park
City Council Regular Meeting Agenda Report

RESOLUTION APPROPRIATING FUNDS FOR PRIOR YEAR CAPITAL IMPROVEMENT PROJECTS, OTHER

CARRYOVERS, AND MID-YEAR BUDGET ADJUSTMENTS
Meeting
Tuesday, March 12, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4H
Presented By
Sung Hyun, Director of Finance
Prepared By
Sung Hyun, Director of Finance
Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt a resolution appropriating funds for prior year capital improvement projects, other carryovers, and mid-year budget adjustments.

PREVIOUS CITY COUNCIL ACTION
On February 27, 2024, the City Council reviewed the carryover and mid-year budget adjustment requests as part of the Mid- Year Budget Review.

DISCUSSION
At the end of each fiscal year, there are appropriations that have not been expended or encumbered during that period to due timing considerations. Examples of these are capital improvement projects, which may be completed over the course of multiple years. These appropriations lapse at the end of each fiscal year and the City Council must approve these carryover requests for the current fiscal year in order to fulfill their intended uses.

At the February 27, 2024, study session, the City Council considered the requests to be carried over into the current year.

The City Council also considered the mid-year budget adjustments for items that were not anticipated during the budget process. Attachment A to the resolution includes the carryover requests that were approved by the City Council. Attachment B details all the on-going capital improvement projects and encumbrances to be carried over to the current year.

Attachment C includes the mid-year budget adjustment requests that were approved by the City Council.

BUDGET IMPACT
Attachments
Carryovers24 Att1of4 reso.pdf
Carryovers24 Att2of4 A.pdf
Carryovers24 Att3of4 B.pdf
Carryovers24 Att4of4 C.pdf
Carryover amounts and mid-year budget adjustments, as listed in Attachments A, B and C of the resolution, will affect the City budget accordingly.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BUENA PARK, CALIFORNIA, APPROPRIATING

FUNDS FOR PRIOR YEAR CAPITAL IMPROVEMENT

PROJECT CARRYOVERS, OTHER CARRYOVERS, AND

MID-YEAR BUDGET ADJUSTMENTS

WHEREAS, the governmental accounting and financial reporting standards provide that the City should establish budgetary authority for carryover and mid-year adjustment appropriations and;

WHEREAS, to charge prior year carryovers and mid -year adjustments in the current year without providing an appropriation would distort the operating statements of the City;

NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine and order as follows:

The following sums of mon ey as outlined in Attachments A , B and C are hereby appropriated from revenues of the City of Buena Park to the following named departments, office, agencies , and activities of the City for expenditures during the 2023-24 fiscal year.

PASSED AND ADOPTED this _____ day of _______________ _____, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

______________________________________
Mayor
ATTEST:

_______________________________
City Clerk

I, Adria M. Jimenez , City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this _____ day of ________________ _____.

______________________________________
City Clerk
Attachment A

Page 1 ends

SUMMARY OF CARRYOVER APPROPRIATIONS

BY DEPARTMENT

ACCOUNT# AMOUNT

GENERAL FUND

COMMUNITY DEVELOPMENT DEPARTMENT
Tobacco Enforcement Grant 11-631142-**** $65,806

PUBLIC WORKS DEPARTMENT
Beverage Container Recycling Grant 11-160109-6240 $42,087

LOCAL LAW ENFORCEMENT BLOCK GRANT FUND

POLICE DEPARTMENT
Justice Assistance Grant (JAG) 18-651423-**** $12,032 18-651425-**** $15,512

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND

COMMUNITY DEVELOPMENT DEPARTMENT
Rental Assistance Program 29-732043-**** $133,156

Attachment C

Page 1 ends

SUMMARY OF MID-YEAR BUDGET ADJUSTMENTS

BY DEPARTMENT

ACCOUNT# AMOUNT

GENERAL FUND

COMMUNITY DEVELOPMENT DEPARTMENT
Digitization of permit records 11-731150-6550 $79,000

PUBLIC WORKS DEPARTMENT
Flooring @ Ehlers Event Center 11-190136-9806 $60,000 Ground compactor 11-560210-7840 $4,200
Edison ROW bollards 11-860810-6240 $40,000

GAS TAX FUND

PUBLIC WORKS DEPARTMENT
Traffic Signal Improvement CIP 24-590025-9806 $60,000
Traffic Management Center Upgrade 24-590143-9806 $5,000

WATER ENTERPRISE FUND

PUBLIC WORKS DEPARTMENT
Sewer System personal protection equipment 52-452410-6370 $4,500 Chlorine analyzer units 52-352363-7840 $7,000
Magnetic induction meter 52-352363-7840 $10,000

EQUIPMENT MAINTENANCE/REPLACEMENT FUND

PUBLIC WORKS DEPARTMENT
Outfitting 4 Police Interceptors 71-171710-7840 $75,000 On-site washing of Police vehicles 71-171710-6240 $7,000

FACILITIES MAINTENANCE FUND

PUBLIC WORKS DEPARTMENT
San Marino Park irrigation shed roof 77-170670-6248 $15,000 Peak Park pool room door 77-170670-6248 $4,000
Ehler’s Event Center ceramic room HVAC 77-170670-6248 $12,000

City of Buena Park
City Council Regular Meeting Agenda Report
APPROVE AMENDMENT TO CITY COUNCIL POLICY NO. 27 USE OF CITY'S ELECTRONIC MAIL (EMAIL) SYSTEM Meeting
Tuesday, March 12, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4I
Presented By
Adria Jimenez, MMC, Director of Government and Community Relations/City Clerk
Prepared By
Adria Jimenez, City Clerk
Approved By
Aaron France, City Manager
Attachments
Policy No 27 E-Mails.pdf

RECOMMENDED ACTION
1) Approve an amendment to City Council Policy No. 27 Use of City's Electronic Mail (Email) System extending the retention period of emails from 60 days to 90 days.

PREVIOUS CITY COUNCIL ACTION
On February 27, 2024, the City Council approved a Citywide Records Retention Schedule and supported extending the retention period of City emails.

DISCUSSION
On February 27, 2024, the City Council approved a Citywide Records Retention Schedule. During the discussion, City Council deliberated on a request previously made by Council Member Castañeda to extend the retention period of City emails. The City Council supported extending the email retention policy from 60 days to 90 days. The amendment has been noted in City Council Policy No. 27 Use of City's Electronic Mail (Email) system, attached for reference.

BUDGET IMPACT
There is no budget impact with the approval of this item.

No: 27

Date of Council Meeting Approval: 12/2/2008

CITY COUNCIL POLICY STATEMENT

RESPONSIBLE DEPARTMENT: CITY CLERK

CONTACT PERSON: CITY MANAGER

SUBJECT: USE OF CITY’S ELECTRONIC MAIL (E-MAIL) SYSTEM

The City treats all e-mail sent and received as transitory in nature similar to, and often used as, a substitute for telephonic or person-to-person communications. Therefore, they are not meant to be retained for future reference. Such e-mails are often duplicative in content and not customarily preserved and retained by the City or its officers or employees. In addition, the City e-mail system is not designed as a tool for the storage of data. Therefore, employees shall not use the City's e-mail program to maintain and store correspondence and documents.

Notwithstanding the above, any e-mail which meets the following criteria is considered a public record and shall be printed and filed where appropriate:

E-mail that is created or received in connection with official public business; and 1) documents the formulation and implementation of policies and decisions; or 2) initiates, authorizes or completes a transaction of official public business.

The hard copy shall be deemed the original record and the electronic record should be deleted.

It is the e-mail policy of the City that all e-mail communications be automatically deleted within ninety (90) days of receipt or transmission.

Please refer to City Council Protocols and City of Buena Park Administrative Regulations for additional information.

City of Buena Park
City Council Regular Meeting Agenda Report

FACILITY LEASE WITH THE BUENA PARK COLLABORATIVE/ONE OC AND THE NORTH ORANGE COUNTY CHAMBER OF COMMERCE FOR USE OF THE STAGE STOP HOTEL AT 6601 BEACH BOULEVARD Meeting
Tuesday, March 12, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5A
Presented By
Jessica Fewer, Senior Management Analyst
Prepared By
Eddie Fenton, Assistant City Manager/Director of Human Resources Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Approve a facility lease agreement with both the Buena Park Collaborative/OneOC ("Collaborative") and the North Orange County Chamber of Commerce ("Chamber") for use of the Stage Stop Hotel located at 6601 Beach Boulevard; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and 3) Authorize the City Manager and City Clerk to execute the agreement.

PREVIOUS CITY COUNCIL ACTION
At the August 9, 2022, study session, the City Council reviewed the Collaborative's new proposal for a Smart Money Financial Literacy Education program at the Stage Stop Hotel. The City Council directed staff to move forward with a one - year lease extension terminating on June 30, 2023. On October 25, 2022, the City Council approved a lease agreement with the Collaborative for the site. On September 12, 2023, the City Council approved a facility lease agreement with both the Collaborative and Chamber for use of the building. However, the agreement was never fully executed.

DISCUSSION
On August 27, 2019, the City Council directed staff to move forward with negotiating terms and conditions with the Collaborative for use of the first floor of the Stage Stop Hotel for the Buena Park Community Resource Center. On November 12, 2019, the City Council approved a one-year lease agreement with the Buena Park Collaborative for use of the facility that included two optional one-year extensions. Following this approval, staff continued to work with the Collaborative in finalizing the lease agreement to the satisfaction of both parties. With the COVID-19 pandemic occurring shortly after the lease was approved, final execution of the document was delayed until March 2021.

On September 1, 2021, the Collaborative sent a letter to the City Council indicating its desire to exercise the remaining one- year option on the lease. On September 28, 2021, the City Council gave direction for staff to work with a Orange County non-profit to prepare an application for a new FaCT-funded Community Resource Center to be located on the bottom floor of the Buena Park Community Center. At that time, staff believed that the potential funding award and subsequent relocation would not occur until after November 2022. With that timeline, the Collaborative would still need space for their operations.

Attachments
Request to extend Lease agreement BP Collaborative 2024 jf.pdf On October 12, 2021, the City Council approved a one-year extension to the lease to allow the Collaborative to operate the Center while the new Resource Center was established.

On June 14, 2022, the City Council approved a license agreement with The Friendly Center, Inc. to operate a resource center at the Buena Park Community Center. As the Collaborative never intended to operate the Buena Park Community Resource Center long term, the City's new resource center was designed to provide a permanent location for such a Center. The Friendly Center opened in September 2022, at the Buena Park Community Center and has provided information and referral services, case management, counseling, emergency assistance, utility assistance, and food distribution since that time.

On July 18, 2022, the City received a request from the Collaborative to extend their lease of the first floor of the Stage Stop Hotel for an additional year. With the transition of the Resource Center to the City, the Collaborative proposed a Smart Money Financial Literacy Education ("Smart Money") pilot program instead. At the August 9, 2022, study session, the City Council reviewed the Collaborative's new proposal that would provide personalized family budget sessions and strategic planning sessions as well as broader financial training in a group session to youth and young adults. These sessions would be provided during the evening or on weekends as not to conflict with work or school schedules. After discussion, the City Council directed staff to move forward with a one-year lease extension with the Collaborative terminating on June 30, 2023.

On October 25, 2022, the City Council formally approved a lease agreement with the Collaborative for the site.

In summer 2022, the North Orange County Chamber of Commerce approached the City about having an office location in Buena Park. The Chamber currently has administrative offices in Fullerton, and will keep that location, but would like to have a more central office to all their member cities. The City Council may recall that the Buena Park Chamber of Commerce (later the Buena Park Area Chamber of Commerce) utilized the Stage Stop Hotel for their administrative offices several years ago. Staff met with the executive directors of both organizations and they agreed that there would not be a conflict for the two parties to share the space since the hours of operation do not overlap.

Since the last City Council meeting, the Collaborative has requested to utilize less space at the building than originally proposed. Their new proposal is to store materials and files at the location with some use of meeting space, as needed. Due to this, the Collaborative has requested to have their utility allowance reduced to $50 per month or $600 per year. The Chamber's portion of the agreement will not change as they will continue to pay rent in the amount of $1,000 a month or $12,000 per year.

PUBLIC HEARING NOTICE
None.

BUDGET IMPACT
The City will be reimbursed annually $600, or $50 per month by the Collaborative for utilities associated with the storage of materials at the location. The City will receive $12,000 annually, or $1,000 per month, from the Chamber for its use of the first floor of the building.
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FACILITY LEASE AGREEMENT
THIS FACILITY LEASE AGREEMENT (this “ Agreement”) is dated as of March 12, 2024 (“Effective Date”) , and is entered into by and among the CITY OF BUENA PARK, a California municipal corporation, as lessor (“City”), and the BUENA PARK COLLABORATIVE, a fiscally sponsored project of OneOC, a nonprofit organization (“Collaborative”), and the FULLERTON CHAMBER OF COMMERCE dba NORTH ORANGE COUNTY CHAMBER OF COMMERCE, a non-profit corporation (“Chamber”), as jointly as lessees.

RECITALS
A. City is the fee owner of that certain real property improved with a building and a parking lot located at 6601 Beach Boulevard in Buena Park, California, 90621 (the “Property”); B. Collaborative and Chamber (jointly hereafter referred to as “Lessees”) desire to lease from City a certain portion of the Property consisting of the exhibit room, merchandise room, downstairs offices, outdoor parking spaces, and shared kitchen as depicted in the diagram attached as Exhibit “A” (the “Premises”); and
C. City desires to lease the Premises to Lessees subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for good and adequate consideration, the sufficiency of which is hereby acknowledged, it is hereby mutually agreed as follows:

AGREEMENT
SECTION 1. Lease of Premises. City hereby leases to Lessees, and Lessees hereby lease from City, the Premises subject to the covenants, agreements, a nd conditions set forth herein.

Lessees acknowledge that each of them takes possession of and accepts the Premises in its current “AS-IS” condition, without representation or warranty of any kind, express or implied. City agrees to complete any repairs or additions to the Premises necessary under applicable laws and regulations to engage in the “Permitted Use” defined in Section 4 below.

SECTION 2. Term and Effective Date. The term of this Agreement shall commence on the Effective Date first set forth above and shall and expire at 12:00 a.m. on September 30, 2024, (“Term”). Any extensions of the Term shall require advance approve by the Buena Park City Council and the mutual written agreement of the Parties . Upon expiration of the Term, Lessees shall occupy the Premises on a month- to-month basis until terminated by either City or Lessees upon thirty (30) days’ prior written notice.

SECTION 3. Rent.
(A) Collaborative. In consideration of the public purpose and services provided by Collaborative, no rent shall be due or owed the City in exchange for the right to use and occupy the Premises. Collaborative shall instead pay to the City, without deduction, offset or prior demand or notice, monthly utility r eimbursement in the amount of $ 50.00 for th e Premises, with such amount is intended to reimburse City for utility costs incurred by Collaborative for its use of the -2-

Premises (“Utility Payment”). Collaborative shall make the first Utility Payment on October 1 , 2023 (“Commencement Date”), and thereafter Collaborative shall make the Utility Payment to the City on or before the first day of each calendar month during the Term; with any partial months prorated based on 30- calendar days. Notwithstanding the foregoing, upon a showing of financial hardship to the reasonable satisfaction of City, City may, in its sole and absolute discretion and without obligation, defer or forgo the Utility Payment(s) during the time of said hardship.
(B) Chamber. As full and complete consideration for us e and occupancy of the Premises, Chamber shall pay to City, without deduction, offset or prior demand or notice, the sum of $1,000.00 as monthly rent (“Rent”) . Chamber shall make the first payment of Rent on the Commencement Date, and thereafter Chamber shall pay Rent to the City on or before the first day of each calendar month during the Term; with any partial months prorated based on 30 -calendar days.

SECTION 4. Permitted Uses. Lessees’ use the Premises shall comply with the following:
(A) Collaborative’s Use.
(1) Program Activities. Collaborative shall use the Premises sole ly and exclusively for purposes of operating the Collaborative’s Smart Money Financial Literacy Education program benefiting individuals and families of extremely-low, very-low, low, or moderate-income, including the hosting and provision of in- person and remote (i.e. zoom) personalized family budget and strategic planning sessions; financial training sessions for groups; and TK-12 grade track education youth on financial systems, including and expenses, and job / career path guidance. T he Collaborative shall not use the Premises any purpose other than the foregoing Permitted Use without the advance written approval of the City. Collaborative’s use of the Premises shall be limited to weekends and evening hours on weekdays, and such other times as may be approved in advance by the Chamber.
(2) Report of Service Provider’s Activities . The public benefit of Collaborative’s operation of the Permitted Use on the Premises represents a substantial portion of the consideration flowing to City under this Agreement. To ensure Collaborative ’s use of the Premises continues to further this public benefit, at least once per quarter during the Term of this Agreement, Collaborative shall provide a written report (in a form approved by the City, with reports prepared in compliance with the federal Community Development Block Grant program being an “approve d form”) that details the programs, services, activities conducted by Collaborative during the a pplicable period of time, as well as the number of persons served (“Quarterly Report”). Each Quarterly Report shall be submitted to City no later than ninety (90) days after the end of the applicable quarter.
(B) Chamber’s Use. C hamber shall use the Premises sole ly and exclusively for administrative purposes related to Chamber functions, events, programs, and activities . Chamber shall have the right to use the Premises during its weekday business hours, and at all other times not in use by the Collaborative.
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(C) Legal Compliance. Lessees shall not use the Premises or parking areas or permit anything to be done in or about them which will in any way conflict with any law, statue, regulation, ordinance, zoning requirement, or other gover nmental rule or regulation now in force or which may hereinafter be enacted or promulgated.

SECTION 5. Costs and Maintenance ; Utilities. City shall maintain the interiors and exteriors of the Property. Lessees shall notify the City of any items requiring maintenance and the City shall respond to maintenance issues in a timely manner. Lessees shall keep the interior of the Premises in a clean, safe, orderly condition that is generally associated with a business establishment. To the extent necessary, Lessees shall pay the cost to install and maintain any additional telephone line, internet service, and/or telecommunication service needed to operate the Permitted Use. The City shall install signage to identify the Premises within the interior of the building. With the exception of the Utility Payment by Collaborative, City shall pay all other costs of operating the Premises, including but not limited to, electricity, utility costs, natural gas, the alarm system, water service, trash service, and janitorial service.

SECTION 6. Possessory Interest Tax and Other Taxes. City hereby Lessees notice, and Lessees acknowledge receipt of such notice, as required pursuant to California Revenue and Taxation Code Section 107.6, that the interest created by this Agreement may result in a possessory interest tax being levied against the Premises, and that in such event Lessees shall be obligated to pay such tax. In addition, Lessees shall be solely responsible for the payment of all other taxes attributable to the Lessees’ occupancy and use of the Premises. Notwithstanding the foregoing, the Parties do not intend to create a taxable interest in the Premises by virtue of this Agreement.

SECTION 7. No Improvements. Lessees shall not alter the Premises in any manner that would requ ire the issuance of a building permit, or permanently change or alter the physical structure or layout of the Premises, without the City’s prior written consent and subject to its sole and absolute discretion, with the specific nature and scope of the alterations to be memorialized by the parties in writing.

SECTION 8. Assignment and Subletting. Lessees shall not assign, sublet or otherwise convey its rights under this Agreement without City’s written consent in its sole and absolute discretion.

SECTION 9. Right of Entry. City shall have the right to enter and inspect the Premises at any time and upon reasonable advance notice. The City’s Historical Curator shall have the right to enter the Premises while performing the duties of the Historical Curator, for the purpose of using the restroom facilities, and the City shall have the right to provide monitored and restricted access to the restroom facilities in connection with conducting City events on the adjacent property. City will attempt to provide reasonable advance notice in advance of City events requiring use of the restroom facilities and shall secure the facility upon completion of use.

SECTION 10. Insurance. Each Lessee shall carry liability and renter’s insurance in an amount of not less than One Million dollars per incident and Two Million dollars cumulative, naming the City of Buena Park and its council members, officers, employees and agents as additional insureds and including the insurer’s waiver subrogation rights. The policy may not be modified or cancell ed without first providing City with not less than thirty (30) calendar days’ -4-

written notice. Each Lessee shall provide evidence of such insurance to City concurrently with its execution and delivery of this Agreement . Each Lessee shall maintain a current certificate of insurance on file with City at all times during this Agreement.

SECTION 11. Surrender. Each Lessee agrees, upon the expiration or earlier termination of this Agreement, to quit and surrender the Premises to City.

SECTION 12. Default. In the event the either Lessee shall be in default in the performance of any obligation on its part to be performed under the terms of this Agreement, and default continues for thirty (30) days, or five (5) days in the case of a default in the payment of rent, following notice and demand for correction thereof to the Lessee, City may (i) immediately terminate this Agreement as to that Lessee by written notice to the affected Lessee and (ii) exercise any and all remedies granted by law, including but not limited to damages.

SECTION 13. Indemnification. Each Lessee shall, jointly and severally, defend, indemnify and hold harmless City, each and every officer, employee and agent of City from and against any and all liabilities, and any actions, damages, claims, losses, costs and expenses of every and any type and description to which they may be subjected or put, by reason of, or resulting or arising from this Agreement or the use and occupancy of the Property by either Lessee or any officer, employee, invitee, customer, contractor, or agent of a Lessee, or breach of any provision of this Agreement by a Lessee, except to the extent arising solely out of City’s gross negligence or intentional misconduct.

SECTION 14. Waiver of Relocation Benefits . Each Lessee hereby waives as against City claims for any and all relocation assistance benefits including compensation to which it may later claim to be entitled under either state or federal relocation assistance statutes or regulations due to the expiration or early termination of this Agreement for any reas on whatsoever. Each Lessee acknowledges that this waiver may be used as a defense by City against any claim for state or federal relocation benefits by Lessee based on its occupancy the Premises. Each Lessee further acknowledges that it has been given an adequate opportunity to seek the advi ce of legal counsel regarding the rights being waived hereunder.

COLLABERATIVE INITIALS: CHAMBER INITIALS:

SECTION 15. Partial Invalidity. If any one or more of the terms, provisions, covenants or conditions of this Agreement shall to any extent be invalid, unenforceable, void or voidable for any reason whatsoever, none of the remaining terms, provisions, covenants and conditions of this Agreement shall be affected thereby, and each provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law.

SECTION 16. Notices. All notices, statements, demands, consents, approvals, authorizations, offers, designation, requests or other communications hereunder by either party to the other shall be in writing and sh all be sufficiently given and served upon the other party if delivered personally or if mailed by United States certified or registered mail, return receipt requested, postage prepaid, and:
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If to City: City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90622
Attention: Aaron France, City Manager

If to Collaborative: Buena Park Collaborative
Monique Davis
Executive Director
[email protected]

With a copy to: OneOC
1901 E. 4th Street, Ste. 100
Santa Ana, CA 92705
Attn: Randa Wren, Finance Director
[email protected]

If to Chamber: ___________________
___________________
___________________

Or to such other addresses as each respective party may from time to time designate by notice in writing given under this Section.

SECTION 17. No Brokers. Each party represents to the other that it has not engaged a broker, salesperson or finder in connection with this Lease, and each party shall defend, indemnify and hold the other harmless from any claims for fees or commissions asserted by any broker, salesperson or finder based on communication with the indemnifying party.

SECTION 18. Section Headings . All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement.

SECTION 19. Amendment. This Agreement may only be amended by a written instrument duly authorized and executed by City and both Lessees.

SECTION 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same agreement.

SECTION 21. Binding Effect. This Agreement shall be binding upon and inure to the benefit of City and each Lessee and their respective successors, assigns and successors in interest.

SECTION 22. Time of Essence . Time is of the essence of every provision hereof in which time is a factor.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY:

CITY OF BUENA PARK
By:

Aaron France
City Manager
COLLABERATIVE:

BUENA PARK COLLABORATIVE,
a fiscally sponsored project of OneOC
By:

Name:

Title:

ATTEST:

By:

Adria M. Jimenez, MMC
City Clerk

ONEOC

By:

Name:

Title:

CHAMBER:

NORTH ORANGE COUNTY CHAMBER

OF COMMERCE

By:

Name:

Title:

EXHIBIT "A"

DESCRIPTION OF PREMISES
(See attached diagram.)

City of Buena Park
City Council Regular Meeting Agenda Report
APPROVAL OF PROPOSED ACTIVITIES AND BUDGET FOR FISCAL YEAR (FY) 2024-2025 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
Meeting
Tuesday, March 12, 2024, 5:00 PM
Agenda Group
PUBLIC HEARING Item: 6A
Presented By
Sarabeth Suarez, Management Assistant
Prepared By
Matt Foulkes, Director of Community and Economic Development Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Review and approve the proposed activities and budget for the Fiscal Year (FY) 2024-2025 Community Development Block Grant (CDBG) Program to be incorporated into the City's Annual Action Plan.

PREVIOUS CITY COUNCIL ACTION
On January 11, 2024, a Community Development Block Grant (CDBG) Committee meeting was held to discuss the CDBG Annual Action Plan process and staff’s budget recommendation based on the estimated FY 2024-2025 CDBG allocation.

Staff provided an overview of the eleven (11) funding requests the City received. CDBG Committee members were each assigned CDBG funding applicants to conduct a site-visit and further evaluate their operations and funding requests.

On February 1, 2024, the CDBG Committee held a public meeting to evaluate funding requests and consider staff’s recommendation for the FY 2024-2025 CDBG budget. CDBG Committee members viewed and discussed the presentations given by the grant applicants. Based on these presentations and site-visits, the CDBG Committee concurred with the funding amounts recommended by staff. The draft meeting minutes are attached to this report for City Council’s reference.

DISCUSSION
On November 17, 2023, the City published and posted a notice of CDBG funding availability to request proposals for FY 2024-2025. The deadline to submit the funding requests was Thursday, December 21, 2023, by 5:00 p.m. The City received eleven (11) funding requests from City departments and non-profit agencies for a total amount of $967,874. The funding proposals are attached to this report for City Council’s review.

To date, the U.S. Department of Housing and Urban Development (HUD) has not announced the City’s CDBG allocation.

Nevertheless, HUD requires that all grantees move forward with the budget process and submit the Annual Action Plan by May 15, 2024. Based on the City’s CDBG allocation for FY 2023-2024, staff estimates the FY 2024-2025 budget to include $749,820 in grant funds and $183,335 from prior years’ unprogrammed funds and program income for a total of $933,155.

Upon receipt of HUD’s official CDBG allocation for the City, staff will adjust the budget proportionately under the City Attachments
Draft FY 24-25 CDBG Budget Matrix
FY 24-25 CDBG Funding Proposals
Draft CDBG Committee Meeting Minutes
Manager’s discretion. The Annual Action Plan containing the final CDBG budget will be presented to City Council prior to submission.

Attached to this report is the proposed FY 2024-2025 CDBG Budget Matrix with the CDBG Committee recommendation for City Council’s review and consideration.

PUBLIC HEARING NOTICE
On February 23, 2024, a public hearing notice was published in the Buena Park Independent, posted at Buena Park City Hall, Ehler’s Event Center, OCFA Fire Station No. 61, and on the City website.

BUDGET IMPACT
The proposed FY 2024-2025 budget includes the CDBG allocation of $749,820 and an estimated $183,335 from prior years’ unprogrammed funds and program income for a total of $933,155. The approved FY 2024-2025 CDBG budget will be incorporated into the Annual Action Plan, which is due to HUD by May 15, 2024. 2024-2025 Community Development Block Grant (CDBG) Budget Matrix 2023-2024
Approved
Budget
2024-2025
Sub-Recipient
Requests
Staff
Recommendation
CDBG Committee
Recommendation
City Council
Approval
Grant Administration
Program Administration 136,090 $ 138,000$ 134,960$ 134,960$ Fair Housing Foundation 13,860 $ 16,000$ 15,000$ 15,000$ Sub-Total 149,950$ 154,000$ 149,960$ 149,960$ Residential Rehabilitation Program
Administration/Senior Outreach Program 204,950$ 232,532$ 230,795$ 230,795$ Residential Rehabilitation Loans 368,604$ 220,000$ 220,000$ 220,000$ Neighborhood Imp./Code Enforcement 214,610$ 229,722$ 220,000$ 220,000$ Smith Murphy Park/Carl Brenner Park Accessibility
Improvements 609,440$
Sub-Total 1,397,604$ 682,254 $ 670,795$ 670,795$ Public Services
Graffiti Removal Program 14,290$ 22,930$ 16,400$ 16,400$ Senior Transportation Program 23,820 $ 33,690$ 26,500$ 26,500$ Homeless Outreach Program 19,050 $ 20,000$ 20,000$ 20,000$ Boys and Girls Club 18,100 $ 10,000$ 10,000$ 10,000$ Mercy House Living Centers 23,820 $ 30,000$ 26,500$ 26,500$ Friendly Center 6,670 $ 15,000$ 13,000$ 13,000$ Buena Park Collaborative 6,670 $
Sub-Total 112,420$ 131,620$ 112,400$ 112,400$ GRAND TOTAL 1,659,974$ 967,874 $ 933,155$ 933,155$ CDBG Committee Recommendation 2/01/24
Administrative & Planning Cap 20% $149,964
Public Service Cap 15% $112,473
Estimated FY 2024-2025 HUD Allocation $749,820
Estimated Unprogrammed Funds/Program Income $183,335
TOTAL $933,155
City of Buena Park
2024-2025 Community Development Block Grant (CDBG)
F
unding Proposal Summary Sheet
O
rganization Name: City of Buena Park
Community & Economic Development Department
P
rogram Name: CDBG Program Administration
E
stimated Goal: N/A
F
unding Request: $138,000
O
rganization Purpose:

T
he City of Buena Park Community & Economic Development Department administers the CDBG Program and ensures that the City complies with the requirements set by the U.S. Department of Housing and Urban Development (HUD). City staff is responsible for the planning, development, submission, and implementation of the City’s Consolidated Plan, Annual Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER), and other reports required by HUD. City staff also coordinate public meetings, subrecipient monitoring, budget preparation and management, attend HUD trainings, and other related tasks to meet HUD requirements.

D
escription of Request:

C
DBG funds will be used for staff salaries and benefits, professional contractual services, publication fees, office supplies, and maintenance and operational costs to administer the program.

A
nalysis of Request:

C
DBG Program A dministration requires a s ignificant amount of staff time to ensure the timely and successful implementation of its funded programs. Program Administration is essential to the City’s continued eligibility of HUD funds.

F
unding Recommendation:

S
taff recommends funding in the amount of $134,960.

City of Buena Park
2024-2025 Community Development Block Grant (CDBG)

Funding Proposal Summary Sheet

Organization Name: Fair Housing Foundation

Program Name: Fair Housing Services

Estimated Goal: 180 Households

Funding Request: $16,000

Organization Purpose
:

Fair Housing Foundation has successfully provided fair housing services to Buena Park residents for over ten (10) years. The program’s purpose is to monitor unlawful housing discrimination to protect tenants and landlords from potential Sta te and Federal Civil Rights Law violations. Fair Housing Foundation also provides a variety of other services including landlord/tenant counseling, education, and outreach activities.

Description of Request
:

CDBG funds will be used for staff salari es, facility rent, communications, travel, consultant fees, insurance costs, and office supplies.

Analysis of Request
:

The project meets the national objective of benefiting low - and moderate - income individuals. Fair Housing Foundation documents client data through call sheets, and maintains a database containing client’s income and demographic information..

Fair Housing Foundation’s staff have the training and experience assist Buena Park tenants and landlords regardless of race, gender, language, e tc. They provide in- person workshops as well as online assistance to meet residents’ fair housing needs.

HUD requires each entitlement city to implement a Fair Housing Program ; therefore, it is cost effective to fund Fair Housing Foundation to provide these services.

Funding Recommendation:

Staff recommends funding in the amount of $15,000
.

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City of Buena Park
2024-2025 Community Development Block Grant (CDBG)

Funding Proposal Summary Sheet

Organization Name: City of Buena Park
Community & Economic Development Department

Program Name: Residential Rehabilitation Program
Administration/Senior Outreach and Loans

Estimated Goal: 10 Households/2000 Seniors

Funding Request: $232,532 – Program Administration/Senior Outreach $220,000 – Residential Rehabilitation Loans

Organization Purpose
:

The City of Buena Park Residential Rehabilitation Program (Program) offers low interest loans to low - and moderate - income residents to rehabilitate their home and make necessary repairs to comply with local and State health and safety regulations. T he proposal includes program administration, seni or outreach, and funding for loans . City staff administers the program to ensure that projects adhere to City guidelines and the requirements set by the U.S. Department of Housing & Urban Development (HUD) , provide loan servicing for outstanding loans, and provide senior outreach to facilitate the application process for participating seniors.

Description of Request
:

CDBG funds wil l be used for Program administration and deferred loans. Program administration includes staff salaries and benefits, contr actual services fees, operation costs, and supplies.

The Senior Code Enforcement Relief Program (SCERP), which is designed for seniors that have outstanding code enforcement violations, offers forgivable loans of $15,000 at zero percent (0%) interest. The Program also offers deferred loans of $60,000 at one percent (1%) interest to qualified residents.

Analysis of Request
:

The project meets the national objective of benefiting low - and moderate - income households. The majority of residential structures in Buena Park are over 50 years old and with age comes deterioration requiring new plumbing, electrical systems, roofs and other essential components of a structure that require maintenance and/or replacement to provide a safe and healthy living environme nt for its occupants. Many low - and moderate-income individuals are unable to fund these improvements and repairs without financial assistance. This program is effective in improving the quality of the City’s housing stock and increasing its aesthetic appeal as a whole.

Funding Recommendation:

Staff recommends funding in the amount of $230,795
for Program Administration/Senior
Outreach and $220,000 for Residential Rehabilitation Loans.

City of Buena Park
2024-2025 Community Development Block Grant (CDBG)

Funding Proposal Summary Sheet

Organization Name: City of Buena Park
Community & Economic Development Department

Program Name: Neighborhood Improvement/Code Enforcement

Estimated Goal: 850 Households

Funding Request: $229,722

Organization Purpose
:

The Neighborhood Improvement/Code Enforcement Program identifies and responds to building and safety issues in residential and commercial areas to protect residents from living in subst andard and unsafe conditions. Code Enforcement Officers work with residents to rectify code violations through verbal and written communication, site visits, and by referring them to the City’s Residential Rehabilitation Program and Senior Code Enforcement Relief Program.

Description of Request
:

CDBG funds will be used for a portion of staff salaries and benefits for the Neighborhood Improvement/Code Enforcement Program, which includes the Code Enforcement Supervisor, four Code Enforcement Officers, an administrative assistant, and a part time office assistant . The amount of funding requested will maintain the current level of service needed to improve living conditions for those residing within the CDBG eligible census tracts.

Analysis of Request
:

The project meets the national objective s of benefiting low- and moderate- income areas and aiding in the prevention or elimination of slums or blight. The program’s funding is limited to staff time spent on code enforcement cases within the City’s low- and moderate-income census tracts.

Code enforcement involves investigati ng cases regarding garage conversions, overcrowding, substandard housing, hazardous buildings, illegal dumping, illegal structures, etc. The Neighborhood Improvement/Code Enfor cement Program has been highly successful by proactively and reactively identifying and cleaning -up many blighted buildings in the low - and moderate-income areas. It is also an effective method of reducing and preventing the overall deterioration of Buena Park’s neighborhoods.

Funding Recommendation:

Staff recommends funding in the amount of $220,000
.

City of Buena Park
2024-2025 Community Development Block Grant (CDBG)

Funding Proposal Summary Sheet

Organization Name: City of Buena Park Public Works Department

Program Name: Graffiti Removal Program

Estimated Goal: 21,275 Individuals within low-income census tracts/ 2,000 Graffiti Instances

Funding Request: $22,930

Organization Purpose
:

Graffiti Removal Program staff proactively and reactively responds to graffiti incidents within the City’s CDB G eligible census tracts. The progra m’s purpose is to provi de a suitable living environment for Buena Park residents by removing graffiti in residential and commercial areas.

Description of Request
:

CDBG funds will be used for program staff salaries and benefits . Graffiti Removal Program staff are limited to responding to graffiti issues within the City’s CDBG eligible census tracts.

Analysis of Request
:

The project meets the national objective of benefiting low - and moderate- income areas and aiding in the elimination of slums or blight within the City. By funding this activity, the City takes a stance against conditions that could threaten the general health and safety of Buena Park residents. Program staff estimate that 21,275 individuals living within the City’s low-income census tracts will benefit from this service. Due to the anonymity of graffiti removal requests, program staff track their goal by the number of graffiti instances removed rather than individuals and households assisted.

Funding Recommendation:

Staff recommends funding in the amount of $16,400
.

City of Buena Park
2024-2025 Community Development Block Grant (CDBG)

Funding Proposal Summary Sheet

Organization Name: City of Buena Park Community Services Department

Program Name: Senior Transportation Program

Estimated Goal: 350 Individuals

Funding Request: $33,690

Organization Purpose
:

The Senior Transport ation Program provides senior Buena Park residents with transportation to non-emergency medical appointments, pharmacies, grocery stores, and the Buena Park Senior Center.

Description of Request
:

CDBG funds will be used for three part -time drivers’ salaries and benefits and cell phone expenses.

Analysis of Request
:

The project meets the national objective of benefiting low - and moderate - income individuals, specifically low-income seniors. The program meets an underserved need within the City because many seniors are unable to access other public transportation, qualify for Orange County Transportation Authority ( OCTA) access service, or drive their own vehicle.

Funding Recommendation
:

Staff recommends funding in the amount of $26,500
.

City of Buena Park
2024-2025 Community Development Block Grant (CDBG)

Funding Proposal Summary Sheet

Organization Name: City of Buena Park Community Services Department

Program Name: Homeless Outreach Program

Estimated Goal: 200 Individuals

Funding Request: $20,000

Organization Purpose
:

The Homeless Outreach program provides services to homeless individuals living in the City of Buena Park. Its purpose is to make it more accessible for homeless individuals to live in a suitable environment.

Description of Request
:

CDBG funds will be used for temporary shelter costs, relocation expenses, transitional housing fees, emergency supplies, local transportation, DMV documentation fees, and program staff training.

Analysis of Request
:

The Homeless Outreach Program meets the objective of benefitting low - and moderate- income residents in Buena Park. Homelessness continues to be a major concern in the City and this program will help decrease the issue by providing services that will prope l homeless individuals into better living situations. This program helps meet the City’s goal of continuum of care to assist the homeless population.

Funding Recommendation:

Staff recommends funding in the amount of $20,000
.

City of Buena Park
2024-2025 Community Development Block Grant (CDBG)

Funding Proposal Summary Sheet

Organization Name: Boys & Girls Club of Buena Park

Program Name: Youth Development

Estimated Goal: 1,080 Individuals

Funding Request: $10,000

Organization Purpose:

The purpose of the Boys & Girls Club is to improve the quality of life of Buena Park’s youth through a variety of social and recreational programs addressing character and leadership development, the arts, education and career development, health and life skills, sports, and fitness and recreation. In addition to these services, the program also provides low cost dental treatment to children who qualify.

Description of Request
:

CDBG funds wil l be used to reimburse utility costs including electricity, telephone, and the internet services.

Analysis of Request
:

The project meets the national objective of benefiting low - and moderate - income individuals. Club members are required to submit a membership form, which includes their ethnicity, household size, household income, and other demographic information.

Recently, the organization has expanded their after -school program services to grade schools within the Buena Park School District and surrounding communities. Between their facility based program and their school based programs, they serve thousands of children ages 4-18.

Funding Recommendation
:

Staff recommends funding in the amount of $10,000.

City of Buena Park
2024-2025 Community Development Block Grant (CDBG)

Funding Proposal Summary Sheet

Organization Name: Mercy House Living Centers

Program Name: Buena Park Navigation Center

Estimated Goal: 130 Individuals

Funding Request: $30,000

Organization Purpose
:

Mercy House Living Centers administers the homeless services provided at the Buena Park Navigation Center. The program provides year -round shelter, hygiene facilities, meals, and intensive supportive services to homeless adults.

Description of Request
:

The program offers a safe environment for homeless individuals access ing emergency housing at the Buena Park Navigation Center . Services include housing navigation, enrichment activities, health care resources, drug and alcoh ol treatment referrals, employment placement referrals, and much more.

CDBG funds will be used to cover a portion of the cost to provide security guards for the facility. Security guards maintain the safety of guests, staff, volunteers, and residents living in the surrounding areas.

Analysis of Request
:

This program is designed to benefit low -and moderate -income persons by providing shelter and supportive services to the most vulnerable homeless men and women living within City limits . Homelessness has become a major concern in the City and this program provides services needed to assist in addressing these concerns. By funding a portion of their cost to have on- site security guards, Mercy House may continue providing these services in a safe manner.

Funding Recommendation:

Staff recommends funding in the amount of $26,500
.

City of Buena Park
2024-2025 Community Development Block Grant (CDBG)

Funding Proposal Summary Sheet

Organization Name: Friendly Center, Inc.

Program Name: Community Resource Center

Estimated Goal: 618 Individuals

Funding Request: $15,000

Organization Purpose
:

The Friendly Center offers free resources and support to low -income residents. They offer stability programs, which encompass food distribution, case management, mental health counseling, utility and rental assistance, and other referral services. Additionally, they offer skill -building programs such as after -school tutoring, job development assistance, and financial literacy workshops.

Description of Request
:

CDBG funds will be used to fund a portion of Friendly Center’s staff salari es and benefits and other program related operational costs for their Buena Park location.

Analysis of Request
:

The project meets the national objective of benefiting low - and moderate - income individuals. The Friendly Center offers assistance that impr oves many residents’ quality of life. Friendly Center is a well -recognized resource center receiving many low -income resident referrals from Orange County Social Services, local schools, 2-1-1 Orange County, and other non- profit organizations , which demonstrates their experience and ability to provide the needed services to the community.

Funding Recommendation:

Staff recommends funding in the amount of $13,000
.

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DRAFT

CITY OF BUENA PARK

COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE (CDBG)

MINUTES
FEBRUARY 1, 2024

A meeting of the Community Development Block Grant (CDBG) was called to order at 6:07 p.m. in the City Council Chambers of the Civic Center, 6650 Beach Boulevard, Buena Park, California, Chairman Solorzano presiding.

1: GENERAL

1A. CALL TO ORDER

1B. ROLL CALL

Present: De La Luz, Kanda, Massed, Serrano, and Solorzano

Absent: None

Staff: Matt Foulkes, Director of Community and Economic Development Melissa Dhauw, Senior Management Analyst
Sarabeth Suarez, Housing and CDBG Analyst
Lauren Yoon, Management Analyst
Lana Ardaiz, Senior Administrative Assistant
1C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chairman Solorzano.

2: COMMUNICATIONS

2A. ORAL COMMUNICATIONS:

Chairman Solorzano announced the public may at this time address the members of the CDBG Committee on any matters within the jurisdiction of the CDBG Committee.

There being no requests to speak, Chairman Solorzano closed oral communications.

3: APPROVAL OF MINUTES:

3A. APPROVAL OF MEETING MINUTES: JANUARY 11, 2024

Motion was made by Committee Member De La Luz and seconded by Vice-Chair Kanda to approve the minutes of the Community Development Block Grant Committee Meeting of January 11, 2024.

Page 2 ends

Motion: De La Luz
Second: Kanda
Ayes: De La Luz, Kanda, Massed, Serrano, Solorzano
Noes: None

Absent: None

MOTION CARRIED.

4: STAFF REPORTS

4A. OVERVIEW OF FISCAL YEAR 2024-2025 COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) PROPOSALS

Ms. Sarabeth Suarez, Housing and CDBG Analyst, stated that the City received 11 CDBG proposals for FY 2024-2025 totaling $967,874. CDBG applicants will each have five minutes to present their funding request for the Committee’s consideration. Committee Members may ask the applicants questions after each presentation.

5: COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PROPOSALS

5A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ADMINISTRATION

Ms. Suarez presented the City’s request for $138,000 for staff salaries and benefits, contractual services, and maintenance and operational costs for the Community Development Block Grant (CDBG) program administration. The City of Buena Park has received the CDBG allocation from the U.S. Department of Housing and Urban Development (HUD) for the past 49 years. In order to continue receiving this grant, CDBG program staff ensure that the City is in compliance with regulations and requirements as set by HUD. CDBG program administration includes planning and submitting required reports to HUD, coordinating public meetings, working with grant sub- recipients, attending HUD trainings, communicating with HUD representatives, preparing for HUD audits and monitoring the overall use of CDBG funds.

5B. RESIDENTIAL REHABILITATION PROGRAM ADMINISTRATION AND LOANS

Ms. Suarez presented the request for $232,532 for Residential Rehabilitation program administration which includes staff salaries, benefits, and maintenance and operational costs. The amount of $220,000 is requested for residential rehabilitation loans. The purpose of the Residential Rehabilitation Program is to make home improvement affordable. HUD prioritizes and encourages the use of CDBG funds for housing activities such as residential rehabilitation to make it possible for low income families to address necessary home repairs such as replacing a leaky roof, installing a new water heater, repairing unsafe electrical wiring, installing ADA accessibility features like ramps and grab bars, lead paint remediation, energy efficient windows and other improvements. The Program offers deferred loans of $60,000 at 1% interest for low- income homeowners. The loan is deferred for 30 years or until the property is sold, transfers title, or a cash-out refinance. The Senior Code Enforcement Relief Program (SCERP) is an extension of the Residential Rehabilitation program meant to assist very low income senior residents to correct outstanding code violations that need immediate attention. Seniors may be eligible to receive a forgivable loan up to $15,000 at 0% interest if they are referred to the

Page 3 ends

program by Code Enforcement staff.

Ms. Suarez clarified that the funding request includes a portion of the Senior Outreach Program Coordinator’s salary to assist with program administration. Program administration includes maintaining the program waitlist, advertising the program, providing application assistance, construction management, income qualifying and loan servicing.

5C. SENIOR OUTREACH PROGRAM

Ms. Michelle Noriega, Community Outreach Coordinator, presented the request for funding in the amount of $17,480 for a portion of salary and benefits to assist with Residential Rehabilitation program administration. Ms. Noriega collaborates with Economic Development to assist seniors with completing applications and obtaining documents for the Program. She may visit them at their home to assist with gathering the required documents and completing the program application. She also assists with applications for food stamps, and veteran’s services. Seniors are also provided social and health service resources, and referrals for affordable housing. Ms.

Noriega stated that she takes part in all City-wide community events and that is where she promotes the Residential Rehabilitation program by distributing brochures at those events.

5D. NEIGHBORHOOD IMPROVEMENT / CODE ENFORCEMENT

Mr. Mario Camacho, Code Enforcement Supervisor, presented the request for $229,722 for a portion of salaries, benefits, and maintenance, and operational costs for the Code Enforcement Program. Code Enforcement officers proactively address quality of life issues, nuisances, violations of health and safety, and land issues on private property. They are responsible for investigations regarding garage conversions, substandard housing, overcrowding, abandoned properties, hoarding issues, hazardous buildings, illegal dumping, and outdoor storage within HUD eligible low-income census tracts. The program also assists seniors by referring them to the City’s SCERP to rectify code violations.

5E. GRAFFITI REMOVAL PROGRAM

Mr. Nino Libunao, Facility and Parks Superintendent, presented the request for $22,930 for part-time staff salary costs to address the graffiti issues in CDBG eligible areas of the City. These funds supplement part-time staff salaries and materials in order to respond to the vast majority of graffiti calls within the low-income census tracts of the City of Buena Park The goal is to remove most graffiti within 48 hours by a graffiti crew following a reported graffiti instance. Photos of the vandalized areas are downloaded to the countywide taggers software maintained by a law enforcement database.

5F. SENIOR TRANSPORTATION PROGRAM

Ms. Veronica Gilliam, Transportation Coordinator, presented the program request for $33,690 to fund a part-time bus driver’s salary, benefits, and cell phone costs. She explained that the Senior Transportation Program has operated for 33 years and provides round-trip transportation to non-emergency medical appointments for senior residents. Participants must be over the age of 60 and there is a suggested donation of $1 each way, however, no one is denied transportation for the inability to pay. The program also provides trips to the senior

Page 4 ends

center, grocery store, and the pharmacy allowing seniors access to basic necessities and services. Travel is limited to four miles outside of the Buena Park city limits. The Senior Transportation Program enables Buena Park seniors to maintain a life style to encourage their independence, dignity, and well-being.

5G. HOMELESS OUTREACH PROGRAM

Ms. Rosemary Nielsen, Community Services Coordinator, discussed the Homeless Outreach Program indicating that the funding amount of $20,000 will be used for emergency shelter, relocation expenses, transitional program fees, emergency supplies, staff training, and local transportation. Ms. Nielsen stated that most homeless clients have social service and medical needs, and therefore, it is essential to provide transportation to these appointments. Motel voucher assistance is very important to ensure that families with children can be placed immediatel y into a safe environment. The program may also assist individuals by reuniting them with their families or referring them to available shelters

5H. FAIR HOUSING FOUNDATION

Ms. Stella Verdeja, Executive Director, Fair Housing Foundation (FHF), presented the request for $16,000 to provide fair housing services. The proposed funding will be used for their staff salaries and benefits and other program related costs directly tied to the assistance provided to Buena Park residents. Fair Housing Foundation’s mission is dedicated to eliminating discrimination in housing and promoting access to housing choices for all. They monitor and investigate unlawful discrimination and complaints in housing and a variety of other services, including landlord/tenant counseling and mediation. They offer outreach workshops to Buena Park tenants and landlords on-line and in-person.

5I. BOYS AND GIRLS CLUB OF BUENA PARK

Mr. Todd Trout, Chief Executive Officer, Boys and Girls Club of Buena Park, presented the request of $10,000 for reimbursement of utility costs to operate the Boys and Girls Club. The Boys and Girls Club has been operating in the City of Buena Park for 76 years. Mr. Trout highlighted the club’s accomplishments stating that they provide a positive after-school environment promoting character and leadership development, education and career development, health and life skills, arts, sports, fitness, and recreation for youth children from 4 to 18 years of age for a nominal fee, but no children are turned away for the inability to pay.

5J. MERCY HOUSING LIVING CENTERS

Ms. Lisa Scarci, Development Manager, Mercy House Living Centers, presented the request of $30,000 to provide a portion of the cost for security guards at the Buena Park Navigation Center. The Navigation Center has 149 beds for adults with 24-hour access to shelter and ongoing supportive services. Entry into the facility is by referral only from the Police Department or Buena Park’s Homeless Outreach Team. Upon entry, individuals are connected one-on-one to a Housing Navigation Specialist who works with the program participant to create a housing and employment plan. By funding a portion of the cost to have on-site security guards, Mercy House may continue providing these services in a safe manner for guests, staff, volunteers, and residents living in the surrounding areas.

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5K. FRIENDLY CENTER

Jessica Ruelas, Executive Director, Friendly Center presented the request of $15,000 to provide free community resources and support to low-income residents. They offer stability programs, which encompass food distribution, case management, mental health counseling, utility and rental assistance, and other referral services. Additionally, they offer programs such as after-school tutoring, job development assistance, financial literacy workshops. The Friendly Center lists services, events, and social media on their website. Ms. Ruelas closed by stating that with the CDBG funding, they will be able to serve approximately 618 unduplicated residents.

6: RECESS

6A. RECESS: 7:57 p.m.

RECONVENE: 8:07 p.m.

7: DISCUSSION AND ACTION ITEMS

7A. CDBG COMMITTEE MEMBER SITE VISIT REPORTS:

Chairman Solorzano invited the Committee Members to report on their site visits.

Committee members made comments regarding their site visits and commended the funding applicants for their informative presentations. With no further comments, Chairman Solorzano moved onto the next item to discuss their funding recommendation.

7B. DISCUSSION OF THE FISCAL YEAR 2024-2025 CDBG FUNDING RECOMMENDATION:

Ms. Suarez explained that the purpose of the CDBG Committee is to encourage public input and to develop a CDBG budget recommendation for City Council’s consideration before the CDBG budget may be approved and incorporated into the City’s Annual Action Plan. CDBG staff conducts a thorough analysis of each request, which considers funding availability, program impact, program performance records, and previous grant awards to prepare a budget recommendation for the Committee’s consideration. The Committee may move to approve staff’s recommendation as listed on the budget matrix or make appropriate adjustments for their budget recommendation.

Discussion ensued regarding staff’s budget recommendation. Committee Members initially wanted to lower staff’s funding recommendation for Fair Housing Foundation and give more funding to public services. Ms. Suarez clarified that decreasing Fair Housing Foundation’s funding would not allow them to give more funding to public services due to the funding caps set by HUD. Furthermore, fair housing services are required by HUD and Fair Housing Foundation has always shown good performance in assisting Buena Park residents.

In response to Vice-Chair Kanda’s request to increase funding to Graffiti Removal, Mr. Foulkes clarified that additional funding would not increase staff’s salary.

Page 6 ends

Chairman Solorzano stated that transferring such small amounts from Fair Housing Foundation and Graffiti Removal programs would not be enough to make a difference in light of the funding they already receive from other sources. In addition, increasing funding for one would decrease funding for another public service organization.

Following the discussion, a motion was made by Chairman Solorzano and seconded by Committee Member De La Luz to approve the budget for Fiscal Year (FY) 2024-2025 as recommended by staff.

Motion: Solorzano
Second: De La Luz
Ayes: Kanda, Massed, Serrano
Noes: None

Absent: None

MOTION CARRIED.

8. ANNOUNCEMENTS

8A. ANNOUNCEMENTS:

Chairman Solorzano announced that the proposed activities and budget for the Fiscal Year (FY) 2024-2025 CDBG Program will be presented at the City Council Meeting on March 12, 2024.

9A. ADJOURNMENT:

There being no further business, Chairman Solorzano adjourned the CAC meeting at 8:24 p.m.

Rudy Solorzano, Chairman

ATTEST:

Lana Ardaiz, Secretary
City of Buena Park
City Council Regular Meeting Agenda Report
ADOPT RESOLUTIONS AND ORDINANCE APPROVING GENERAL PLAN AMENDMENT (GP-22-1), ZONE CHANGE (Z- 22-1), SITE PLAN (SP-22-13), AND MITIGATED NEGATIVE DECLARATION (MND-22-1) TO ALLOW THE CONSTRUCTION OF A 12-UNIT RESIDENTIAL APARTMENT DEVELOPMENT AT 7682, 7692, 7712, AND 7722 CRAIG AVENUE
Meeting
Tuesday, March 12, 2024, 5:00 PM
Agenda Group
PUBLIC HEARING Item: 6B
Presented By
Harald Luna, Senior Planner
Prepared By
Harald Luna, Senior Planner
Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Conduct a public hearing and thereafter based on the analysis provided in this agenda report and the facts and findings provided in the attached Resolutions and Ordinance, adopt Resolutions and an Ordinance approving General Plan Amendment GP-22-1, Zone Change Z-22-1, Site Plan SP-22-13, and Mitigated Negative Declaration MND-22-1.

PREVIOUS ACTIONS
On February 14, 2024, the Planning Commission conducted a duly-noticed public hearing on the project and recommended that the City Council approve the proposal, by a 5-0 vote.

On February 15, 2024, the Airport Land Use Commission (ALUC) for Orange County considered the proposed General Plan Amendment and Zone Change and found the proposed development to be consistent with the Airport Environs Land Use Plan (AELUP) for Fullerton Municipal Airport.

DISCUSSION
The proposed project consists of two (2) three-story buildings containing six (6) apartments each for a total of twelve (12) units located on the south side of Craig Avenue, west of Beach Boulevard, and consists of four vacant parcels. The Project site was previously developed with four (4) single-family homes, which were demolished in 2017. The proposed town-house style apartments will each include three (3) bedrooms, two (2) bathrooms, and an attached two-car garage. Two units will provide an additional bathroom on the ground level to comply with accessibility requirements. The units will range in size from approximately 2,013 sq. ft. up to 2,146 sq. ft., including the attached 408 sq. ft. two-car garages. Additionally, each unit will provide private open space within proposed balconies located on the upper floors. Vehicular access will be provided from a two-way driveway located at the northeast corner of the site along Craig Avenue.

The Buena Park Municipal Code (BPMC) requires multi-family developments with three or more bedrooms to provide three (3) parking spaces per unit, with at least one of the spaces covered. The proposed 12-unit project requires 12 covered spaces and 24 additional spaces. As designed, there will be a total of 24 covered parking spaces and twelve 12 open parking spaces, meeting the off-street parking requirement of 36 total parking spaces for the development.

The architecture is modern in style and consists of a combination of flat roof design with angled parapet walls to complement the surrounding residential and commercial developments. The design will incorporate an earth-toned color palette (i.e. grey, brown, and white) and a variety of exterior materials and variations in wall-planes and building heights to break up the building massing and provide visual interest. The balconies will feature a glass guardrail design to compliment the contemporary architectural elements.

The project provides approximately 11,037 sq. ft. of common open space area throughout the development, and a combined total of approximately 1,750 sq. ft. of additional private outdoor open space. The open space area along the west portion of the site will feature mature trees and enhanced landscaping, decorative paved walkways, and a recreational area that will feature a built-in barbeque with sink and seating areas.

APPLICATION ANALYSIS
The following entitlements are required for this project:

General Plan Land Use Map and Zoning Map Amendments
The Project implements General Plan Goals and Policies by providing a diversity of housing stock that will enhance the physical and visual qualities of the subject property with significant landscaping, bold and interesting urban design elements, including a variety of building materials, and varied façades thereby enhancing the aesthetics of the surrounding neighborhood. The project also includes gathering spaces with amenities that would support the needs of residents and their visitors. The proposed RM-20 zoning classification is consistent with the proposed General Plan Land Use Designation and the project has been designed to comply with all of the applicable development standards in the RM-20 zone.

Additionally, through this proposal the existing property will be transformed from an underutilized/vacant property into a development that supports the City's housing needs, land use and community design goals, while satisfying the Development Code requirements. Appropriate Conditions of Approval and Mitigation Measures have been identified to minimize potential impacts to surrounding properties and the community in general.

ENVIRONMENTAL ASSESSMENT
In accordance with the California Environmental Quality Act (CEQA) Guidelines, the City has determined that an Initial Study/Mitigated Negative Declaration (IS/MND) is the appropriate environmental document for this project. Pursuant to Title 14 of the California Code of Regulations, a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND) was filed, posted and mailed on December 22, 2023 for a twenty (20) day public review and comment period. The comment period ended on January 16, 2024. Four comments were received and responses to the comments were included in the Final Initial Study/Mitigated Negative Declaration. A copy of the responses and final Mitigated Negative Declaration is provided as Attachment 4. With the mitigation measures incorporated into the Mitigation Monitoring and Reporting Program, the environmental analysis concluded that the project will not have a significant impact on the environment.

PUBLIC HEARING NOTICE
General Plan Land Use Map Amendment - A General Plan Land Use Map amendment to change the existing General Plan Land Use designation from Low-Density Residential to High-Density Residential.

Zone Change - A Zoning Map amendment to change the property's zoning from RS-6 (One-Family Residential) to RM-20 (Medium-Density Residential).

Site Plan - A Site Plan is required for an apartment development within the RM-20 (Medium Density Residential) zone.

Attachments
City Council Resolution General Plan Amendment with exhibits GP-22-1.pdf City Council Ordinance Zone Change Z-22-1.pdf
City Council Resolution Site Plan SP-22-13 .pdf
City Council Resolution Mitigated Negative Declaration MND-22-1.pdf Final Initial Study Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program web link.pdf
SP22-13 Devlopment Plans stamped RECEIVED SEP 28 2023 PLANNING DIV.pdf Vicinity Map GP-22-1 Z-22-1 SP-22-13 MND-22-1.pdf
Planning Commission Resolution No. 6321 GP-22-1 General Plan Amendment.pdf Planning Commission Resolution No. 6322 Z-22-1 Zone Change.pdf Planning Commission Resolution No. 6323 SP-22-13 Site Plan.pdf Planning Commission Resolution No. 6324 MND-22-1 Mitigated Negative Declaration.pdf A Notice of Public Hearing was posted at City Hall, Ehlers Event Center, and Orange County Fire Authority Station 61 on March 1, 2024. A notice of the public hearing was also published in the Buena Park Independent on March 1, 2024. A total of 42 public hearing notices were mailed to property owners located within 300 feet of the subject property on March 1, 2024.

BUDGET IMPACT
There is no budget impact associated with this action.

RESOLUTION NO.

GENERAL PLAN AMENDMENT NO. GP-22-1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA

PARK, CALIFORNIA, APPROV ING GENERAL PLAN AMENDMENT
GP-22-1 AMENDING THE GENERAL PLAN LAND USE MAP FROM

LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL FOR THE PROPERTIES LOCATED AT 7682, 7692, 7712, AND 7722 CRAIG

AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF

A. Recitals.

(i) The City Council of the City of Buena Park adopted the Buena Park General Plan as required by law on December 7, 2010, through the adoption of Resolution No. 12497.

(ii) Sean Mo of Andmore Partners, applicant, 3530 Wilshire Boulevard, Suite 1830, Los Angeles, CA 90010, on behalf of Craig & Beach Investment, Inc., property owner, 5681 Beach Boulevard, Suite 200, Buena Park, CA 90621 has filed an application for General Plan Amendment No. GP -22-1 to change the land use designation from Low Density Residential to High Density Residential on certain properties located at 7682, 7692, 7712, and 7722 Craig Avenue (Assessor’s Parcel Numbers (APNs): 066-132-09, -15, -16, and -17), in the City of Buena Park, California (“Subject Properties”).

(iii) The Planning Commission of the City of Buena Park conducted a duly noticed public hearing, as required by law, to consider General Plan Amendment No. GP-22-1 to update the General Plan Land Use Map within the Land Use and Community Design Element from Low Density Residential to High Density Residential for the subject properties (Location identified in Exhibit A), along with a Mitigated Negative Declaration No. MND-22-1, for the Project. Said public hearing was conducted and concluded on February 14, 2024, and adopted a Resolution No. 6321 recommending that the City Council of the City of Buena Park adopt General Plan Amendment No. GP-22-1, amending the General Plan Land Use Map of the Land Use and Community Design Element of the General Plan.

(iv) On February 15, 2024, the Airport Land Use Commission (ALUC) for Orange County considered the proposed General Plan Amendment No. GP-22-1 and Zone Change No.

Z-22-1 to allow the development of two three -story buildings containing 12 townhouse -style apartments at the subject properties. The matter was duly discussed and with a 5 -0 vote, the ALUC foun d the proposed apartment development located at the subject properties, to be consistent with the Airport Environs Land Use Plan (AELUP) for Fullerton Municipal Airport.

(v) On March 12, 2024, the City Council of the City of Buena Park conducted a duly noticed public hearing, as required by law, to consider the proposed General Plan Amendment GP-22-1. Said public hearing was concluded prior to the adoption of this Resolution.

(vi) All legal prerequisites to the adoption of this Resolution have occurred.

Resolution No.

General Plan Amendment No. GP-22-1
March 12, 2024

B. Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK does hereby finds, determines and resolves as follows:

Section 1. The proposed General Plan Amendment No. GP -22-1 will be consistent with the goals, policies, purposes, objectives, and programs of the City’s Genera l Plan.

The proposed General Plan Amendment will provide additional housing to enhance the viability of the City’s residential development consistent with the General Plan goals and policies including, but is not limited to:

 General Plan Land Use Element Policy LU-1.3: Establish a wide range of residential density and non-residential intensities to encourage a wide range of development opportunities.  General Plan Land Use Element Policy LU-3.1: Ensure that development activities acknowledge the protection and enhancement of quality of life in the City’s neighborhoods.  General Plan Land Use Element Policy LU-3.3: Ensure land use decisions consider impacts to infrastructure and service needs.
 General Plan Land Use Element Goal LU -6: A housing stock that meets the diverse needs of Buena Park’s existing and future residents.
 General Plan Land Use Element Policy LU-6-1: Provide for housing opportunities that address the needs of those who currently live or desire to live in Buena Park.  General Plan Land Use Element Policy LU -6.6: Provide a wide range of housing options for Buena Park residents, including owner and rental housing adjacent to jobs, shopping, an d transit.
 General Plan Housing Element Goal 3.0: Provide suitable sites for housing development which can accommodate a range of housing by type, size, location, price, and tenure.

Section 2. The proposed General Plan Amendment No. GP -22-1 will promote the orderly development of the City and the public health, safety, and welfare by enhancing and maintaining sound and logical land use and development practices guided by the Land U se and Community Design Element. The proposed General Plan Amendment does not modify any health and safety regulations. The proposed General Plan Amendment changes the land use designation of four (4) parcels from Low Density Residential to High Density Residential. This is aligned with the General Plans goal of increasing housing supply citywide.

Section 3. The proposed General Plan Amendment No. GP -22-1 will increase and will not diminish the land available for housing within the City. The proposed General Plan Amendment will provide added housing opportunities by facilitating the development of 12 residential units, which will enhance the viability of the City’s housing supply.

Section 4. The proposed General Plan Amendment No. GP -22-1 will maintain and improve the viability of the housing stock within the area in a manner consistent with the character of surrounding neighborhoods and will promote the orderly development of the subject property.

Section 5. The proposed General Plan Amendment No. GP -22-1 will develop currently vacant parcels with buildings and uses that are complimentary to the existing uses in the area, thereby enhancing and conserving the neighborhood property values.

Section 6. The City Council finds that facts supporting the above -specified Resolution No.

General Plan Amendment No. GP-22-1
March 12, 2024

findings are contained in the staff report and exhibits, and information provided to this Council during the public hearing conducted on March 12, 2024 with respect to the Project.

Section 7. The City Council has reviewed and considered all considered all components of the requested General Plan Amendment No. GP-22-1 including compliance with the California Environmental Quality Act (CEQA) through the preparation of a Mitigated Negative Declaration No. MND-22-1 adopted by separate resolution, the City Council has determined that the Mitigated Negative Declaration is legally adequate and that the Project would not result in any new or substantially more severe environmental impacts, with the adopted mitigation requirements, than those considered and addressed in the Mitigated Negative Declaration No. MND-22-1.

Section 8. The City Council of the City of Buena Park hereby approves and adopts General Plan Amendment GP-22-1, amending the General Plan Land Use Map of the Land Use and Community Design Element changing the land use designation of the subject properties from Low Density Residential to High Density Residential attached hereto as Exhibit “A”.

Section 9. The City Clerk shall Certify to the adoption of this Resolution.

PASSED AND ADOPTED this 12th day of March 2024, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

____________________________
Mayor
ATTEST:

___________________________
City Clerk

Resolution No.

General Plan Amendment No. GP-22-1
March 12, 2024

EXHIBIT A

Existing General Plan Land Use Map: Low-Density Residential Designation

Project Site
Resolution No.

General Plan Amendment No. GP-22-1
March 12, 2024

EXHIBIT A

Proposed General Plan Land Use Map: High-Density Residential Designation

Project Site
ORDINANCE NO.

ZONE CHANGE NO. Z-22-1

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK APPROVING ZONE CHANGE Z-22-1 TO CHANGE THE ZONING
CLASSIFICATION FROM RS-6 (ONE-FAMILY RESIDENTIAL) TO RM-20 (MEDIUM-DENSITY MULTIFAMILY RESIDENTIAL) FOR THE
PROPERTIES LOCATED AT 7682, 7692, 7712, 7722 CRAIG AVENUE (APNS: 066-132-09, -15, -16, AND -17) WITHIN THE CITY OF BUENA PARK

A. Recitals.
(i) Sean Mo of Andmore Partners, applicant, 3530 Wilshire Boulevard, Suite 1830, Los Angeles, CA 90010, on behalf of Craig & Beach Investment, Inc., property owner, 5681 Beach Boulevard, Suite 200, Buena Park, CA 90621 has filed an application for Zone Change No. Z-22-1 to change the existing zoning district from RS -6 (One-Family Residential) to RM-20 (Medium-Density Residential) of the subject properties located at 7682, 7692, 7712, 7722 Craig Avenue (“Subject Properties”) to develop the property with a twelve (12) -unit apartment home community, open space, and 36 parking spaces and other site improvements (“Project ”).

Applicant applications to amend the General Plan (General Plan GP-22-1), rezone the Site, and a Site Plan Review (SP-22-13).

(ii) Pursuant to Section 19.404.020(C) of the City’s Municipal Code, the RM-20 (Medium-Density Residential) zoning district authorizes for the development and preservation of medium-density apartments, condominiums, and group quarters in locations convenient to community commercial, recreational, and cultural activities.

(iii) The Project’s potential environmental impacts were analyzed through Initial Study and Mitigated Negative Declaration No. MND-22-1 and no significant impact was found.

(iv) On February 14, 2024, the Planning Commission conducted a duly noticed public hearing, as required by law, to consider Zone Change No. Z -22-1 to update the Zoning Map from RS-6 (One-Family Residential) to RM-20 (Medium-Density Multifamily Residential) for the Subject Properties (Location identified in Exhibit A) , along with a Mitigated Negat ive Declaration No. MND -22-1, for the Project. The Planning Commission adopted Resolution No. 6322 recommending that the City Council of Buena Park adopt the change of the zoning classification from RS-6 (One -Family Residential) to RM -20 (Medium-Density Multifamily Residential), including the Mitigated Negative Declaration No. MND -22-1, for the Project, and concluded said hearing prior to the adoption of this Resolution.

(v) On February 15, 2024, the Airport Land Use Commission (ALUC) for Orange County considered the proposed Zone Change No. Z-22-1 and General Plan Amendment No.

GP-22-1 to allow the development of two three -story buildings containing 12 townhouse -style apartments at the subject properties. The matter was duly discussed and wi th a 5 -0 vote, the ALUC found the proposed apartment development located at the subject properties, to be consistent with the Airport Environs Land Use Plan (AELUP) for Fullerton Municipal Airport. (vi) On March 12, 2024 the City Council of the City of Buena Pa rk conducted a duly noticed public hearing, as required by law, to consider the proposed Zone Change Z -22-1.

Ordinance No.

Zone Change No. Z-22-1
March 12, 2024

Page 2 ends

Said public hearing was concluded prior to the adoption of this Ordinance.

(vii) All legal prerequisites to the adoption of this Ordinance have occurred.

B. Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK does ordain as follows:

Section 1. The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of Resolution No. 6322 are true and correct.

Section 2. The proposed Zone Change No. Z-22-1 will be in conformance with the City’s General Plan , as amended, and will facilitate a multi -family residential development opportunity resulting in additional housing to enhance the vi ability of the City’s residential development. The Project further conforms to the General Plan goals and policies for the reasons set forth in Paragraph B of the General Plan Amendment GP-22-1 Resolution, which findings are incorporated herein by reference.

Section 3. The City Council find that Zone Change No. Z -22-1, as specified in the Exhibit "A" and made a part hereof by reference, will promote the orderly development of the City and public health, safety and welfare.

Section 4. The City Council find that Zone Change No. Z -22-1 will not have a detrimental effect upon land available for housing within the City. By applying the Zone Change to the Subject Properties, will facilitate the development of a multi-family residential development opportunity in the City.

Section 5. The proposed Zone Change will provide additional land available for viable residential development within the City, but will not create substantial demands for infrastructure.

Adequate infrastructure and utilities are available in the area to serve the Project and no substantial new infrastructure is required as a result of this Zone Change.

Section 6. The proposed Zone Change will promote maintenance and improvement within the area, thereby enhancing and conserving the neighborhood values. The proposed Zone Change will promote the orderly development of the Subject Properties and conserve neighborhood property values by allowing a new multi-family development residential that will enhance the viability of the City’s housing supply while conserving the neighborhood values.

Section 7. The City Council has reviewed and considered all components of the requested Zone Change No. Z -22-1 including compliance with the California Environmental Quality Act (CEQA) through the preparation of a Mitigated Negative Declaration No. MND -22-1 adopted by separate resolution, the City Council has determined that the Mitigated Negative Declaration is legally adequate and that the Zone Change would not result in any new or substantially severe environmental impacts than those considered and addressed by the mitigation measures included the Mitigated Negative Declaration No. MND-22-1.

Ordinance No.

Zone Change No. Z-22-1
March 12, 2024

Page 3 ends

Section 8. Penalties for Violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provisions, or fail to comply with any of the requirements of this Ordinance hereby adopted. Any person, firm, partner ship, 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 such 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 9. Civil Remedies Available. A 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 nuisance.

Section 10. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisi on shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 11. The City Clerk shall certify to the passage of this Ordinance.

PASSED AND ADOPTED this 12th day of March 2024, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:
____________________________
Mayor
ATTEST:

___________________________
City Clerk
Ordinance No.

Zone Change No. Z-22-1
March 12, 2024

Page 4 ends

I, Adria M. Jimenez, City Clerk of the City of Buena Park, California, 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 held on the 12th day of March 2024.

_____________________________

City Clerk

Ordinance No.

Zone Change No. Z-22-1
March 12, 2024

Page 5 ends

Exhibit A
Existing Zoning District Map: RS-6 (One-Family Residential)

Project Site
Ordinance No.

Zone Change No. Z-22-1
March 12, 2024

Page 6 ends

Exhibit A
Proposed Zoning District Map: RM-20 (Medium-Density Residential)

Project Site
RESOLUTION NO.

SITE PLAN REVIEW NO. SP-22-13

A RESOLUTION OF THE CITY COUNCIL APPROVING A REQUEST TO ALLOW FOR THE DEVELOPMENT OF A NEW 12-UNIT APARTMENT HOME

COMMUNITY WITH ITS REQUIRED OFF-STREET PARKING, OPEN SPACE

AND ASSOCIATED SITE IMPROVEMENTS FOR THE PROPERTIES
LOCATED AT 7682, 7692, 7712, AND 7722 CRAIG AVENUE (APNS: 066-132- 09, -15, -16, AND -17), AND MAKING FINDINGS IN SUPPORT THEREOF

A. Recitals.

(i) Sean Mo of Andmore Partners, applicant, 3530 Wilshire Boulevard, Suite 1830, Los Angeles, CA 90010, on behalf of Craig & Beach Investment, Inc., property owner, 5681 Beach Boulevard, Suite 200, Buena Park, CA 90621 , has filed an application for a Site Plan Review No. SP-22-13 to allow the development of a new twelve (12) unit apartment home multi-family residential community with its required off -street parking, open space and associated on- and off-site improvements (“Project”) for the properties located at 7682, 7692, 7712, and 7722 Craig Avenue in Buena Park, California, in the County of Orange (APNs: 066- 132-09, -15, -16, -17). Hereinafter in this Resolution, the subject Site Plan Review request are referred to as the “application.”

(ii) The Planning Commission of the City of Buena Park conducted a duly noticed public hearing, as required by law, to consider Site Plan Review No. SP-22-13 to allow for the construction of a new 12-unit apartment home community with its required off -street parking, open space and a ssociated site improvements, along with a Mitigated Negative Declaration No. MND-22-1 for the Project. Said public hearing was conducted and concluded on February 14, 2024, and a Resolution No. 6323 recommending that the City Council of the City of Buena Park adopt Site Plan Review No. SP-22-13.

(iii) On February 15, 2024, the Airport Land Use Commission (ALUC) for Orange County considered the proposed associated General Plan Amendment No. GP-22-1 and Zone Change No. Z -22-1 to allow the development of two three -story buildings containing 12 townhouse-style apartments at the subject properties. The matter was duly discussed and with a 5 -0 vote, the ALUC found the pr oposed apartment development located at the subject properties, to be consistent with the Airport Environs Land Use Plan (AELUP) for Fullerton Municipal Airport.

(iv) On March 12, 2024, the City Council of the City of Buena Park conducted a duly noticed public hearing on the application, as required by law, and concluded said hearing prior to the adoption of this Resolution.

(v) The City Council of the City of Buena Park has reviewed and considered all components of the proposed Site Plan No. SP-22-13 and concluded its public hearing prior to adoption of this resolution.

(vi) All legal prerequisites to the adoption of this Resolution have occurred.

Resolution No.

Site Plan Review No. SP-22-13
March 12, 2024

Page 2 ends

B. Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK , does hereby finds, determines and resolves as follows:

1. The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct.

2. Based upon substantial evidence presented to the City Council during the above-referenced hearing, including written staff reports, verbal testimony, and the Site Plan Review No. SP -22-13 Development P lans stamped “RECEIVED SEP 28 2023 PLANNING DIV.,” this City Council hereby specifically finds , determines, and resolves as follows:

Site Plan Review

a. FINDING: The proposed development meets all applicable requirements of this Title and other laws.

FACT: The proposed twelve (12) unit apartment multi-family residential development is a permitted use within the RM -20 (Medium - Density Residential) zone, as conditioned, and approved concurrently with General Plan Amendment No. GP-22-1, Zone Change No. Z -22-1, and Mitigated Negative Declaration No.

MND-22-1 with the appropriate Conditions of Approval and Mitigation Measures will meet all applicable requirements of the General Plan and Zoning Ordinance , and other laws. The proposal is consistent with the design goals of the Architectural Design Guidelines for multifamily residential developments by providing building and site enhancements. The proposal will comply with density, lot coverage, setbacks, floor area, parking, circulation, open space, building materials, as conditioned, and other applicable requirements.

b. FINDING: The site arrangement and improvements will not be detrimental to the existing and intended character of the area as defined by the General Plan, any applicable specific plans, and this Title.

FACT: The site arrangement and improvements will not be detrimental to the existing an d intended character of the surrounding neighborhood since site arrangement provides the required setbacks for the adjacent uses. The site arrangement building design as well as the improvements will blend with the overall character of the surrounding neighborhood.

c. FINDING: Property values will be conserved.

Site Plan Review No. SP-22-13
March 12, 2024

Page 3 ends

elevate the property’s aesthetics. All improvements meet the Buena Park Municipal Code requirements for the RM -20 zone as well as the Design Guidelines for Multi-Family for the purpose of promoting high-quality design that is compatible with adjacent properties.

d. FINDING: Effective and satisfactory methods are provided to protect nearby structures and activities from noise, vibration, and other adverse environmental effects generated by the subject
development.

FACT: An Initial Study/Mitigated Negative D eclaration No. MND -22-1 was prepared in connection with the associated General Plan Amendment No. G P-22-1, Zone Change No. Z -22-1, and Site Plan No. SP -22-13. Environmental impacts were studied and mitigation measures identified in the Mitigation Monitoring and Reporting Program to mitigate potential environmental impacts to less than significant levels.

e. FINDING: The exterior architectural design is in reasonable harmony with the architectural character of the area.

FACT: The exterior architectural design is in reasonable harmony with the architectural character of the surrounding area. All the building materials, colors, and finishes proposed for the apartment multi-family residential development are in harmony with the surrounding area. As conditioned, the proposed twelve (12) apartment units will enhance the visual integrity of the subject property as well as the surrounding area.

f. FINDING: The arrangement and design for pedestrian and vehicular traffic will minimize congestion and protect pedestrian and vehicular safety.

FACT: The arrangement and design for pedestrian and vehicular traffic will continue to minimize congestion and protect pedestrian and vehicular safety for the subject property as well as surroundin g properties. A single driveway will be provided at the northeast corner of the property closer to Beach Boulevard along Craig Avenue.

3. The City Council of the City of Buena Park has reviewed and considered all components of the requested Site Plan No. SP -22-13 and adopts the attached Mitigated Negative Declaration MND-22-1 and associated Mitigation Monitoring and Reporting Program and certifies that the Mitigated Negative Declaration for General Plan Amendment No. GP-22- 1, Zone Change No. Z-22-1, and Site Plan No. SP-22-13, has been completed in compliance with the California Environmental Quality Act, the State CEQA Guidelines, and local procedures adopted pursuant thereto, and ha s reviewed and considered the information contained in the MND. The City of Buena Park shall file a Notice of Determination (NOD) with the County Clerk of Orange County and the Secretary of the Resources Agency pursuant to Resolution No.

Site Plan Review No. SP-22-13
March 12, 2024

Page 4 ends

the provisions of Section 21152 of Public Resources Code and State CEQA Guidelines Section 15075 adopted pursuant thereof.

4. Based upon the findings and conclusions set forth in paragr aphs 1, 2, and 3, above, the City Council of the City of Buena Park hereby approves and adopts Site Plan Review No. SP -22-13 development plans stamped “RECEIVED SEP 28 2023 PLANNING DIV.,” as modified herein and the following conditions set forth in paragraph 5 of this Resolution.

5. The following conditions are deemed necessary to protect the pub lic health, safety, and general welfare and are reasonable and proper in accordance with the purpose and intent of the Buena Park City Code:

PUBLIC WORKS DEPARTMENT:

1. The existing parcels encompassed by the project shall be consolidated in accordance with the City Code and Subdivision Map Act. Plat map and legal description shall be prepared by registered civil engineer or licensed surveyor. All cost associated with preparation of these documents and County recording shall be responsible by applicant.

2. The following plans and/or information shall be prepared and submitted in accordance with City standards:
a. Grading/Utility Plan
b. Erosion Control Plan
c. Water Quality Management Plan (WQMP)

3. All existing public facilities in conflict with new improvements shall be relocated at no cost to the City. Property owner shall dedicate, or cause to be dedicated all easements needed to accommodate the relocation, modification or installation of facilities to be maintained by the City or any public utility company.

4. The project site must be graded as not to adversely impact the adjacent properties. An Engineering Grading Certification shall be submitted to Engineering Division when grading is complete. The Certification form shall be obtained from the Engine ering Services Division. The project RCE/geotechnical engineer shall initiate and prepare the certification, duly signed, wet stamped with date of expiration of registration.

5. New public improvements to include the following:
a. Remove 3 existing driveway app roaches that will be unused for this development with sidewalk, and curb and gutter along the Craig Avenue frontage per City standards.

b. Construct sidewalk along the Craig Avenue frontage per City standard.

c. Remove and underground overhead wires along the Craig Avenue frontage.

d. Install 2 new street lights on marbelite poles with underground service along the Craig Avenue frontage.

Resolution No.

Site Plan Review No. SP-22-13
March 12, 2024

Page 5 ends

6. Prior to issuance of grading or building permits, permit applicant shall submit for approval by the City Engineer, a Water Qua lity Management Plan (WQMP) specifically identifying Best Management Practices (BMP’s) that will be used on site to control predictable pollutant run -off. Applicant shall record the approved WQMP with the Orange County Clerk-Recorder at the cost of the applicant, and provide the City with a conformed copy of the recorded WQMP.

This WQMP shall identify the: structural and non -structural measures specified in Appendix G, as available at the Engineering Services Division, detailing implementation of BMP’s whenever they are applicable to the project (when the project has a below grade loading dock, for example); the assignment of long -term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall reference the location(s) of structural BMP’s.

7. A new trash bin will accommodate bins for organic, recycling, and trash per Senate Bill 1383. Also, developer shall contact the City’s recycling company, EDCO, for approval of the trash enclosure location for service pickup.

8. All utility connections, street improvements, and any other work performed in the public right-of-way will require a traffic control plan prepared per the City of Buena Park Public Works Department requirements. The cost of the design and implementation of the traffic control plans shall be borne by the project proponent.

9. A traffic impact fee is required and must be paid per City of Buena Park Resolution No. 9726. The traffic impact fee must be paid prior to occupancy of the building.

10. Backflow and cross connection control devices shall be installed in accordance with the City Code. Fire protection plans shall be approved by the Orange County Fire Authority and the City Engineer. The service shall be owned and maintained by the applicant.

11. All trash collection services needed during construction or after project completion shall be obtained from the City’s authorized provider.

12. All fees, deposits and bonds associated with improvements required by the Public Works Department shall be paid prior to the issuance of permits for construction.

13. Before exercising any right or performing any obligation pursuant to any permit issued by the Public Works Department, the developer/contractor shall file with the City required insurance certificates.

14. Prior to final release of the project by the Public Works Department, or the refund of any cash deposits, the developer/contractor shall provide the City with a warranty bond to be held by the City for the period of one (1) year, for all public facilities and improvements.

15. Prior to grant of occupancy by the City or commencement of the approved use, these conditions and all improvements required by the Public Works Department shall be completed to the satisfaction of the City Engineer.

Resolution No.

Site Plan Review No. SP-22-13
March 12, 2024

Page 6 ends

ORANGE COUNTY FIRE AUTHORITY

1. 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.
a. Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if the grading permit is not required:
i. Submittal of a Fire Master Plan (service code PR145) ii. Submittal of alternate methods and materials (AM&M) request (PR910), for hose pull deficiencies
b. Prior to issuance of a precise grading permit or a building permit, if a grading permit is not required:
i. Submittal of gates (service code PR180), if not part of fire master plan c. Prior to issuance of a building permit:
i. Underground p iping for private hydrants and fire sprinkler systems (service code PR470-PR475)
ii. Fire sprinkler system (service codes PR400-PR465)
d. Prior to concealing interior construction:
i. Sprinkler monitoring system (service code PR500), if part of AM&M

2. Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to OCFA. Standard notes, guidelines, informational bulletins, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting ocfa.org on the Planning and Development Section homepage.

3. Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at 714-573-6150.

4. Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA I nspection Scheduling at 714-573- 6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection.

Resolution No.

Site Plan Review No. SP-22-13
March 12, 2024

Page 7 ends

BUILDING DIVISION:

1. The project shall comply with state and federal disabled access requirements.

2. The project shall comply with the California Building Codes as adopted and amended by the City of Buena Park Municipal Code, Title 15.

3. The building/buildings shall be fully fire -sprinklered as required by the City of Buena Park Municipal Code, Title 1, and/or the California Building Codes.

4. A geotechnical investigation report prepared by a qualified geotechnical engineer is required. The applicant shall submit this report for review and approval prior to the issuance of building permits.

5. The construction plans require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect.

6. After the public hearing appeal period ends, applicant shall submit three (3) sets of construction plans t o the Building Division for plan check in order to obtain required building permits.

PLANNING DIVISION:

1. This approval shall be contingent upon the approval of General Plan Amendment No.

GP-22-1, Zone Change No. Z-22-1, and Mitigated Negative Declaration No. MND-22-

1. 2. This approval shall be for the development of a 12 -unit apartment home community including associated off-street parking, open space, and site improvements on a property comprised of four (4) parcels containing approximately 0.69 acres, located at 7682, 7692, 7712, and 7722 Craig Av enue in substantial compliance with Site Plan Review No. SP -22-13 Development Plans dated “RECEIVED SEP 28, 2023 PLANNING DIV.,” and as conditioned herein.

3. The applicant and/or property owner shall ensure that a co py of the Planning Commission Resolution, including all conditions of approval, and mitigation measures contained in the Mitigation Monitoring and Reporting Program , be reproduced on the first pages of construction drawings and shall be distributed to all design professionals, contractors, and subcontractors participating in the construction phase of the project.

4. The project shall be subject to all the mitigation measures contained within the Mitigation Monitoring and Reporting Program (Attachment 3 of the Final Draft Initial Study/Mitigated Negative Declaration), dated February 14, 2024 and incorporated herein by reference, as Conditions of Approval.

Site Plan Review No. SP-22-13
March 12, 2024

Page 8 ends

of building permits for the project. Final colo r and material samples shall be provided to the Planning Division with plan check submittals. Architectural features may be replaced or modified subject to approval of the Community Development Director, based on equivalent provision of acceptable alternat ives. Specifications and samples of the following shall be submitted to the Planning Division for approval prior to issuance of building permits:
a. Paint colors for stucco
b. Stucco exterior finish
c. Roofing material
d. Window trim
e. Cedar Wood siding
f. Decorative fiber cement panels (slate look)
g. Metal siding
h. Corten steel panel
i. Enhanced light fixtures

Architectural features may be replaced or modified subject to approval of the Community and Economic Development Director, based on equivalent provision of acceptable alternatives.

6. Color and material samples shall be submitted to the Planning Division for approval prior to issuance of building permits. The applicant shall demonstrate that proposed building materials, and other architectural/site features are rated for appropriate durability and longevity. In the event that said rating cannot be obtained, alternate materials shall be used under the direction of the Planning Division.

7. Any new walls and fencing, including those shown on plans shall comply with the City of Buena Park Municipal Code (BPMC) Chapter 19.4 28 (Development Standards – Fences, Walls, Hedges, and Berms) and shall require separate fence and wall permit approval by the Planning Division, as necessary.

8. A 6-inch wide decorative masonry wall, at least 6 ft. high measured from the highest finished grade on either side of the wall, shall be constructed and maintained along the west property line; existing block walls on the south and west property lines shall be repaired and finished where needed consistent with the submitted conceptual plans stamped “RECEIVED SEP 28, 2023 PLANNING DIV.” in accordance with the structural design approved by the Building Division. All the perimeter walls shall match in color and te xture. No block wall construction shall occur until a Grading Plan has been approved by the Public Works Department, if required. Double walls shall be filled and capped to the satisfaction of the City.

9. Landscaping shall be installed in substantial compliance with plans dated “RECEIVED SEP 28, 2023 PLANNING DIV.”. Detailed landscaping/irrigation/sprinkler plans, with signed and stamped Certification of Landscape Design form shall be submitted to the Planning Division for plan check. A ‘Landscape Installation Certificate of Completion’ shall be submitted to the Planning Division prior to issuance of building permits. All landscaping/irrigation/sprinkler plans shall comply with the City of Buena Park Water Efficiency Landscape Ordinance, Title 13, Chapter 13.30 of the Buena Park Municipal Code.

Resolution No.

Site Plan Review No. SP-22-13
March 12, 2024

Page 9 ends

10. The planting of trees and shrubs shall have plant material selected and planting methods used which are suitable for the soil and climatic conditions of the site. The landscaping areas along the e ntire west property shall be planted with a row of trees that include a mixture of 15-gallon, 24-inch box, including mature specimen trees in a 36-inch box size up to 48-inch box size.

11. The open space areas within the development shall be generally consiste nt with the plans dated “RECEIVED SEP 28, 2023 PLANNING DIV.” Specific features, including exact design and specifications including landscaping, specified areas for active and passive areas shall be reviewed and approved by the Planning Division prior to the issuance of building permits. The open space areas and site amenities shall have appropriate durability and longevity and include elements that are consistent with the following:
a. Bar-be-que grills
b. Picnic tables with benches

12. Decorative lighting to complement the architectural design of the development shall be provided throughout the entire development including the parking area and open space areas. Final location and design of light standards and wall fixtures shall be reviewed and approved by the Planning Division prior to issuance of building permits. Standard light poles with box fixtures shall not be considered decorative.

13. Building and site lighting shall be decorative and consistent with the building design.

Plans submitted for plan check shall include complete photometric plan for the parking area to ensure that there are adequate levels of light within all portions of the parking area, adjacent properties and rights of way to ensure proper public safety. All luminaries shall be designed, shielded, or aimed in such a manner so as not to produce glare upon adjacent properties or rights of way.

14. All parking areas and driveways shall be paved and striped in compliance with BPMC Section 19. 436.070(Residential P arking Dimensions and Layout) and Section

19.436.080 (Residential Parking Improvements) as shown on the approved plan. All landscaped areas shall be separated from adjacent vehicular areas by a masonry wall or portland cement concrete (p.c.c.) curb a minimum of 6 inches in height, or by p.c.c. or masonry walkway. It shall be the responsibility of the developer to submit to the Public Works Department such plans as are necessary to ensure the installation of curbs or walls do not detrimentally affect drainage.

15. All required utility services and equipment, including transformers, gas meter, “J” boxes, and similar devices shall be located below grade, to the extent possible, or shall be screened from view by landscaping or ornamental decorative walls. The placement and treatment of all screening devices shall be subject to review and approval of the Planning Division. In addition to said walls, landscaping may also be required as a solution for screening. A preliminary electrical equipment plan, which is pre pared by the Southern California Edison Company, shall be reviewed and approved by the City Planning Division prior to the issuance of building permits. The applicant is required to return City approved red line prints to the Southern California Edison Co mpany Planning Department, for preparation of final construction drawings. The location of Resolution No.

Site Plan Review No. SP-22-13
March 12, 2024

Page 10 ends

other utility companies’ appurtenances and meters shall be submitted to the City Planning Division for review and approval prior to installation.

16. All required double check valve assemblies located within public view shall be located below grade to the extent possible, or shall be screened from view by landscaping ornamental decorative walls. The placement and treatment of all screening devices shall be subject to review and approval of the Planning Division.

17. All rain gutters and downspouts shall be strategically located within the buildings to the maximum extent feasible and painted to match the colors of the building. Exact location of rain gutters and downspouts shall be submitted to the Planning Division for review and approval prior to issuance of building permits.

18. Interior access to all rooms/areas of the multi-family apartment units shall be maintained at all times. No sections shall be partitioned off and provided solely with exterior access. In addition, no secondary kitchen or other cooking facilities shall be provided.

19. All roof-mounted mechanical equipment shall not visible from adjacent and surrounding properties and streets from a 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 BPMC Section 19.340.020 (Visual Screening of Mechanical Equipment).

20. The proposed trash enclosure shall be inco mpliance with the Buena Park Municipal Code Section 19.424.010 (Trash Storage Facilities).Plans submitted for plan check shall include trash receptacles within the common open space area. The design of the trash receptacles shall compliment the project.

21. Mail boxes shall be supplied, installed and designed to the approval of the Planning Division, with locations subject to the US Postal Service approval.

22. The following items shall be considered conditions of this development:
a. All trees throughout the deve lopment shall be properly maintained in living condition and any damaged or diseased tree shall be replaced by the property owner.
b. The parking areas shall be maintained and clear of storage in order to maintain parking.
c. Balconies and porches shall not be used for storage.

23. Prior to the issuance of Building Permits for the project or any succeeding residential development approval, all development impact fees associated with development including, but not limited to, park fees mandated by BPMC Section 18.64.080 (Park and recreational facilities dedications – Use of land fees) shall be paid in full.

24. The construction authorized by the Site Plan Review shall be started within one (1) year of the expiration of the appeal period and thereafter dilige ntly advanced until completion of the project.

Resolution No.

Site Plan Review No. SP-22-13
March 12, 2024

Page 11 ends

25. This approval may be revoked for any violation of noncompliance with any of these conditions in accordance with BPMC Section 19.132.030 (Revocation).

26. Prior to final inspection, these conditions and all improve ments shall be completed to the satisfaction of the City.

27. The project and/or use authorized by this approval shall at all times comply with all applicable local, state, and federal ordinances, statutes, standards, codes, laws, policies, and regulations.

28. The applicant and property owner shall sign a notarized Affidavit of Acceptance of all conditions of approval and return it to the Planning Division within thirty (30) days after the effective date of this approval or prior to the issuance of a building perm it or certificate of occupancy, whichever may occur first.

29. The applicant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from any 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 exercise of the rights permitted by this approval and from any and all claims and losses occurring or resulting to any person, firm, or corporation, or property 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 such damages, judgments, verdicts, court costs or attorneys’ fees in any such lawsuit or action.

PASSED AND ADOPTED this 12th day of March 2024 by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

_________________________
Mayor

ATTEST:

________________________________
City Clerk
Resolution No.

Site Plan Review No. SP-22-13
March 12, 2024

Page 12 ends

AFFIDAVIT OF ACCEPTANCE:

I/ We do hereby accept all of the conditions contained in this document and all other conditions imposed by Site Plan Review No. SP-22-13 and do agree that I/We shall conform with and abide by all such conditions.

Date:

Printed Name and Signature
Owner / Applicant

RESOLUTION NO.

MITIGATED NEGATIVE DECLARATION NO. MND-22-1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA

PARK, CALIFORNIA, APPROVING MITIGATED NEGATIVE
DECLARATION NO. MND-22-1 FOR GENERAL PLAN AMENDMENT NO.

GP-22-1, ZONE CHANGE NO. Z-22-1, AND SITE PLAN NO. SP -22-13, TO DEVELOP A 12-UNIT APARTMENT HOME COMMUNITY WITH

ASSOCIATED PARKING AND SITE IMPROVEMENTS FOR THE
PROPERTIES LOCATED AT 7682, 7692, 7712, AND 772 2 CRAIG AVENUE (APNS: 066-132-09, -15, -16, AND -17)

A. Recitals.

(i) Sean Mo of Andmore Partners, applicant, 3530 Wilshire Boulevard, Suite 1830, Los Angeles, CA 90010, on behalf of Craig & Beach Investment, Inc., property owner, 5681 Beach Boulevard, Suite 200, Buena Park, CA 90621 has filed a request for General Plan Amendment No. GP-22-1, Zone Change No. Z-22-1, and Site Plan No. SP- 22-13, to develop a 12-unit apartment home community with associated parking and site improvements at 7682, 7692, 7712, and 7722 Craig Avenue, Buena Pa rk, California, 90621 (APNs: 066-132-09, -15, -16, -17) in the County of Orange (collectively, the “Project”).

(ii) An Initial Environmental Study for the Project was prepared pursuant to Section 15060 (Preliminary Review) of the State Guidelines based on the California Environmental Quality Act (CEQA [California Public Resources Code Section 21000 et.

Seq.]). Pursuant to State CEQA Guidelines Article 6 (Negative Declaration Process) Section 15070 (Decision to prepare a neg ative or mitigated negative declaration) , and based on the information contained in the Initial Study, a decision was made to prepare a Mitigated Negative Declaration (“MND” ) for the project. The City contracted with an independent consultant, Kimley-Horn and Associates, for the preparation of the Mitigated Negative Declaration.

(iii) A Mitigated Negative Declaration (MND) with associated Mitigation Monitoring and Reporting Program was prepared pursuant to the State CEQA Guidelines (California Administrative Code Section 15000 et. seq.) and local procedures adopted pursuant thereto.

(iv) On December 22, 2023 , a Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration was f iled and the MND was forwarded to interested persons, organizations, and agencies;

(v) The public comment period for the draft MND began on December 22, 2023 and was lawfully closed on January 16, 2024; and

(vi) On February 14, 2024, the Planning Commission of the City of Buena Park, held a duly noticed public hearing to consider a recommendation to the City Council to approve General Plan Amendment No. GP-22-1, Zone Change No. Z-22-1, Site Plan No.

Resolution No.

Mitigated Negative Declaration No. MND-22-1
March 12, 2024

Page 2 ends

SP-22-13, and associated Mitigated Negative Declaration No. MND-22-1. Said public hearing was concluded prior to adoption of this Resolution.

(vii) On March 12, 2024, the City Council of the City of Buena Park, held a duly noticed public hearing to consider approval of Mitigat ed Negative Declaration No. MND- 22-1 for associated General Plan Amendment No. GP-22-1, Zone Change No. Z-22-1, Site Plan No. SP -22-13. Said public hearing was concluded prior to adoption of the Resolution.

(viii) All legal prerequisites to the adoption of this resolution have occurred.

B. Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK does hereby finds, determines, and resolve as follows:

Section 1. All of the facts set forth in the Recitals, Part A, of this Resolution , are true and correct and hereby incorporated by this reference.

Section 2. The City Council finds t he Initial Study prepared by the City of Buena Park and Mitigated Negative Declaration No. MND-22-1 and associated Mitigation Monitoring and Reporting Program is legally adequate. With the implementation of the associated Mitigation Measures discussed in the MND, the potential significant environmental impacts can be reduced to levels of insignificance based on the standards discussed in the MND.

Section 3. The City Council finds that the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program identified all significant environmental effects of the Project; there are no potentially significant environmental impacts not addressed in the Final draft MND.

Section 4. Although the Mitigated Negative Declaration identifies certain potential construction-related an environmental effects that may result from the Project, the associated Mitigation Monitoring and Reporting Program has been included that would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur.

Section 5. The City Council adopt s the attached Mitigated Negative Declaration MND-22-1 and associated Mitigation Monitoring and Reporting Program and certifies that the MND for General Plan Amendment No. GP-22-1, Zone Change No. Z- 22-1, and Site Plan No. SP-22-13, has been completed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines , a nd local procedures adopted pursuant thereto, and has reviewed and considered the information contained in the Mitigated Negative Declaration.

Section 6. The City Council certifies the completion of Mitigated Negative Declaration No. MND-22-1 and associated Mitigation Monitoring and Reporting Program for General Plan Amendment No. GP-22-1, Zone Change No. Z-22-1, and Site Plan No.

SP-22-13. The City of Buena Park shall file a Notice of Determination (NOD) with the Resolution No.

Mitigated Negative Declaration No. MND-22-1
March 12, 2024

Page 3 ends

County Clerk of Orange County and the Secretary of the Resources Agency pursuant to the provisions of Section 21152 of Public Resources Code and State CEQA Guidelines Section 15075 adopted pursuant thereof.

PASSED, APPROVED, AND ADOPTED this 12th day of March 2024 by the followi ng called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

_________________________
Mayor

ATTEST:

City Clerk

I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park, California, herby certify that the Foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 12th day of March 2024.

City Clerk

ATTACHMENT 5
Final Draft of Initial Study/Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program weblink:

cms7files1.revize.com/buenaparkca/Document_center/City Departments/Community development/Planning Division/Keynote Projects/Craig Ave/Craig Apartments Project - Final MND Response to Comments and Errata.Final.V2.pdf
A1.00

COVER PAGE

CRAIG HOMES
7682, 7692, 7712, 7722 CRAIG AVE
BUENA PARK, CA 90621
SHEET NO.

JOB NO:

SHEET TITLE

ISSUE DATES
NO. DESCRIPTION DATE
SEAL
211101

CRAIG HOMES
3530 Wilshire Blvd., #1830
Los Angeles, CA 90010
OFFICE +1.213.788.1175
FAX +1.213.788.1174
EMAIL [email protected]
www.a-n-d-m-o-r-e.com
7682, 7692, 7712, 7722 CRAIG AVE
BUENA PARK, CA 90621
STATUS:
1 1ST PRE-APP REVIEW 12/06/21
2 PRE-APP REVISION 04/01/21
3 SITE PLAN REVISION 11/16/22
4 SITE PLAN REVISION 2/15/23
5 SITE PLAN REVISION 4/26/23
6 SITE PLAN REVISION 9/26/23
SP22-13

RECEIVED
SEP 28 2023

PLANNING DIV
PROJECT SUMMARYPROJECT NAME :CRAIG HOMESPROJECT ADDRESS :7682 CRAIG AVE, BUENA PARK, CA 90621 (APN: 066-132-09)7692 CRAIG AVE, BUENA PARK, CA 90621(APN: 066-132-15)7712 CRAIG AVE, BUENA PARK, CA 90621 (APN: 066-132-16)7722 CRAIG AVE, BUENA PARK, CA 90621 (APN: 066-132-17)LEGAL DESCRIPTION :LOT 5, 6, 7 AND 8 OF TRACT NO. 1211 IN THE CITY OF BUENA PARK,COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 38 PAGE 13 OF MISCELLANEOUSMAPS IN THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY.PROJECT DESCRIPTION :NEW PROPOSED 3-STORY OF A 12 UNIT APARTMENT(3 STORIES OF TYPE-VB CONSTURCTION)100% PRIVATELY FUNDED. NOT PUBLIC HOUSING.ZONING :PROPOSING ZONE CHANGE FROM RS-6 TO RM-20ADJACENT ZONING :NORTH : RS-6 ACROSS CRAIG AVE.EAST : COSOUTH :CO AND BREAK CREEKWEST :RS-6LOT AREA :PARCEL 1 - LOT 57,568.24 SFPARCEL 2 - LOT 67,833.48 SFPARCEL 3 - LOT 77,340.70 SFPARCEL 4 - LOT 8 7,340.70 SFTOTAL30,083.12 SFBUILDING FLOOR AREA :

PER ZONING CODE 19,939 SF (NET) 24,972 SF (GROSS)
TOTAL NO. OF UNITS :12 UNITS OF 3 BEDROOMSBUILDING HEIGHT :PER ZONING CODE 30'-0"LOT COVERAGE :30.1% (< 40% REQ.MAX.)4534 SF (BUILDING A) + 4506 SF (BUILIDNG B) = 0.3005... 30,083.12 SF (LOT SIZE ) SETBACK :FRONT :15'-0"SIDE :10'-0" (50'-0" HEIGHT SETBACK ALONG NORTHWEST PL.)SOUTH :10'-0"PARKING TABULATION :REQ.PER ZONING CODE 3 (3 BEDROOMS) x12 (# OF UNITS) = 36 (12 COVERED)PROVIDED STANDARD STALLS *31 (22 COVERED) COMPACT STALLS5 (2 COVERED) TOTAL 36 (24 COVERED)*INCL. 1 VAN ACCESSIBLESPRINKLER PROVIDED :NFPA-13ROCCUPANCY GROUP :R-2 (REFER TO A2.01 FOR OCCUPANT LOAD)

CONCEPTUAL RENDERING - AERIAL VIEW
A1.01

PROJECTSUMMARY
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

CRAIG HOMES
3530 Wilshire Blvd., #1830Los Angeles, CA 90010OFFICE +1.213.788.1175FAX +1.213.788.1174EMAIL [email protected] 7682, 7692, 7712, 7722 CRAIG AVEBUENA PARK, CA 90621
STATUS:
11ST PRE-APP REVIEW12/06/212PRE-APP REVISION04/01/213SITE PLAN REVISION11/16/224SITE PLAN REVISION2/15/235SITE PLAN REVISION4/26/236SITE PLAN REVISION9/26/23 OWNER / DEVELOPER :CRAIG & BEACH INVESTMENT5681 BEACH BLVD. BUENA PARK, CA 90621213.788.1175ARCHITECT :ANDMORE PARTNERS, INC.3660 WILSHIRE BLVD, #1138 LOS ANGELES, CA 90010213.788.1175 SHEET INDEXARCHITECTURALA1.00COVER PAGEA1.01PROJECT SUMMARYA2.00SITE PLANA2.00FFIRE CODE ANALYSISA2.00LOPEN SPACE ANALYSISA2.01GROUND FLOOR & SECOND FLOOR PLANA2.02THIRD FLOOR & ROOF PLANA3.01bCOLORED BUILDING ELEVATIONSA3.11bCOLORED BUILDING ELEVATIONSA5.01DETAILS LANDSCAPEL1.01CONCEPTUAL LANDSCAPE
GROSS FLOOR AREA SF PER BUILDING CODE (ALL TYPE VB)GROUND FL.SECOND FL.THIRD FL.TOTALBUILDING A4,0674,2033,64611,916BUILDING B3,9164,3193,65011,885 UNIT GROSS FLOOR AREA SFUNITGROUND FL.SECOND FL.THIRD FL.TOTALC16806956382,013C2 (TYP)6807116372,028C2 (#6)6808296372,146C3 (TYP)6807506392,069C3 (#7,#8)6957506392,084 A1.02

SITE ANALYSIS& DIAGRAM
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

⅊
⅊
1STANDARD2VAN ACCESSIBLE
5COMPACT6STANDARD
3COMPACT
7STANDARD8STANDARD9STANDARD10STANDARD11STANDARD12STANDARD 15'15'5'-9"15'
⅊
⅊
⅊
15'15'

CRAIG AVE

SETBACK LINESETBACK LINE

SETBACK LINE

SETBACK LINESETBACK LINE
180'-3" 10'-0"5'-0"
25'-0" FRONTSETBACK17'-0"
50'-0"
9'-0 7/8" 23'-6 25/32"
10'-0"25'-0"23'-8"1'-0 13/16"
5'-0"
DRIVEWAY20'-0"
DRIVEWAY25'-0"PARKING36 STALLS
341'-6 15/32"
101'-11 9/32"

VEHICLEENTRY
25'-0"TURNING RADIUS
NEAREST HYDRANT44'-5"(E)PP. (E)PP.

SECURITY GATEREFER TO A2.00P
126'-0" TO HYDRANT ATBEACH / CRAIG
(N)STREET LIGHTON MARBELITE POLEW/ UNDERGROUNDSERVICE (N)STREET LIGHTON MARBELITE POLEW/ UNDERGROUNDSERVICELINE OF (E)APRON(E)APRON TO BEENLARGED (E)APRON TO BE REMOVEDAND REPLACED W/SIDEWALK,CURB AND GUTTER(E)APRON TO BE REMOVEDAND REPLACED W/SIDEWALK,CURB AND GUTTER(E)APRON TO BE REMOVEDAND REPLACED W/SIDEWALK,CURB AND GUTTER3'-8"MIN. CLR. 3'-8"MIN. CLR.
3'-8"MIN. CLR.
25'-0"℄7'-0"18'-0"
NEIGHBOR LOTRS-6 ZONE
NEIGHBOR LOTRS-6 ZONE

BREAK CREEK ANDUTILITY DRIVEWAY

NEIGHBOR LOTCO ZONE

NEIGHBOR LOTCO ZONE
(E)FENCE TO BE KEPTNO ALTERATION TO BE MADEOUTSIDE OF (E) FENCE SECURITY GATEREFER TO A2.00P
SIGNREFER TOA2.00P TO BEACH BLVD.(NEAREST CROSS STREET)145'BMP PLANTER128 SFH=30" TYP.BMP PLANTER2007 SFH=24" TYP.

PLANTERH=30" TYP.BMP PLANTER128 SFH=30" TYP.BMP PLANTER128 SFH=30" TYP.PLANTERH=30" TYP.PLANTERH=30" TYP.PLANTERH=30" TYP.

PLANTERH=30" TYP.PLANTERH=30" TYP.PLANTERH=30" TYP.PLANTERH=30" TYP.PLANTERH=30" TYP.BMP PLANTER 191 SFH=30" TYP. BMP PLANTER 117 SFH=30" TYP.BMP PLANTER 104 SFH=30" TYP.

PLANTING AREA
PLANTER (H=30" TYP.)AT GRADE PLANTING

AT GRADE PLANTING

AT GRADE PLANTING AT GRADEPLANTING
UTILITY EASEMENTREFER TO ALTA.

UTILITY EASEMENTREFER TO ALTA.
20'-0"
53'-9 19/32"
UTILITY EASEMENTREFER TO ALTA.
20'-0" TYP.
10'-0"TYP.
16'-0" TYP.8'-0"TYP.
6"
6" 6" 6"
6"6"
2'-6"(N)PARKWAY

BUILDING B

BUILDING A
6"
TRASH ROOM AT L01REFER TO L01 PLAN
(E)PONYWALLH=20" VIF.110'-7 15/32"
4'-0" 190'-0" 25'-8 23/32"10'-0"SETBACK
15' VISIBILITY TRIANGLENO OBSTRUCTION 24" AFF.207'-11 1/2"50'-0 15/32" 8'-0"
56'-11"WOODEN FENCETO BE REMOVEDREFER TO A2.00P
15' VISIBILITY TRIANGLENO OBSTRUCTION 24" AFF.

DECORATIVE CMU.PONY WALL H=24"

REFER TO PLANS BELOWFOR PARKING STALL EGRESS/INGRESS
BBQ.GRILL AND SINK
REFER TO P2.00 FOR PERIMETERSITE WALL DETAIL AND LOCATION REFER TO P2.00 FOR PERIMETERSITE WALL DETAIL AND LOCATION 113'-7 13/16"
30'-0"

UTILITY AREASCREENEDBY PONY WALL

NON PEAMEABLECONCRETE PAVERSSANDSTONE COLOR
1STANDARD2VAN ACCESSIBLE3COMPACT
15'15'5'-9"15'⅊
1STANDARD2VAN ACCESSIBLE3COMPACT
15'15'5'-9"15'⅊
DRIVING OUT FROM STANDARD STALL #1PARKING INTO COMPACT STALL #3 1 2 3
4 1
2 3
NORTHSCALE11/16" = 1'-0"SITE PLAN A2.00

SITE PLAN
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

CRAIG AVE

SETBACK LINE
DRIVEWAY25'-0"
341'-6 15/32"
101'-11 9/32"

BUILDING B

VEHICULARENTRY

BUILDING A
LEGENDFIRE ACCESS ROADWAY150' HOSE PULL LINELADDER PADREFER TO CALC. FOR TYPICAL DIMENSION.

SECURITYGATE
FIRE ACCESSROADWAY20'-0"
FIRE ACCESS ROADWAY73'-0 9/32"
150' HOSE PULL150' HOSE PULL

SECURITYGATE
EXHIBIT:OCFA GUIDE E-04 ATTACHMENT 5EXHIBIT:NTS.
13'24'
6'-10"5'9'-10"
5'-0"3'-0"LADDER PAD CALC.REFER TO EXHIBIT
LADDER PAD LOCATION TYP. 2ND FLOORNTS.

D1D26'-10"3'-0"3'-0"
ALL EGRESS WINDOW/BALCONY LOCATIONSALIGNS AT L02 AND L03. TYP.

LADDER PAD FOR 2ND FLOOR WINDOWLADDER PAD FOR 3RD FLOOR WINDOW BALCONY@L02 AND L03 TYP.

NORTHSCALE11/16" = 1'-0"SITE PLAN A2.00F

SITE PLANFIRE CODEANALYSIS
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

CRAIG AVE

PROPERTY LINE
DRIVEWAY20'-0"
DRIVEWAY25'-0"
341'-6 15/32"
101'-11 9/32"

VEHICLEENTRY

BUILDING A

LANDSCAPED WALKWAY

LANDSCAPEDWALKWAY
133'-4 7/32"
88'-0 9/32"
10'-9 13/16"
14'-3 1/2"
B
C
C
D
DD DBALCONY @L03393 SFBALCONY @L02 & L0321 SF X 24 = 504 SFBALCONY @L03188 SFBALCONY @L03666 SF OPEN AREA (PEDESTRIAN USE)3,220 SF
OPEN AREA (PEDESTRIAN USE)4,183 SF
COMMON USABLEOPEN SPACE3,634 SF

BUILDING B
LOT AREA : 30,083 SFACOMMON USABLE OPEN SPACE : 3,634 SF(PER 19.420.020)BOPEN AREA (PEDESTRIAN USE) : 7,403 SF(PER 19.420.010)COPOEN AREA (PRIVATE BALCONY) : 1,750 SF(PER 19.420.010)D COMMON USABLE OPEN AREAPER BPMC. 19.420.010> 2,400 SF (REQUIRED MIN. 12 DU. x 200 SF)B OPEN AREAPER BPMC. 19.420.020CA+ +B D= 42.5% (> REQUIRED MIN. 40%) BALCONYPER BPMC. 19.420.020
C+ +B D= 13.7% (< REQUIRED MAX. 15%)D12,787 SF
WEST PARKING 3,135 SF(OPEN TO SKY)PERIMETER PLANTING 401SF(12.8%) EAST PARKING 1,780 SF(OPEN TO SKY)PERIMETER PLANTING 127SF(7.1%)

LANDSCAPEDAREA
NORTH
SCALE11/16" = 1'-0"SITE PLAN A2.00L

SITE PLANOPEN SPACEANALYSIS
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

CRAIG AVE
DRIVEWAY20'-0"
DRIVEWAY25'-0"
341'-6 15/32"
101'-11 1/4"LANDSCAPEDWALKWAY

LANDSCAPED WALKWAY

BUILDING A

BUILDING B
A
B
A A
BB
GG S
NO OBSTRUCTION ABV. 24" AFF.WITH IN VISIBILITY TRIAGNLE 56'-11"(E)WOODEN FENCETO BE REMOVED
15'-0"NOSITE WALL
(E)FENCE TO REMAIN
(N)CMU.WALLH=8'
(N)CMU.WALLH=6'(N)CMU.WALLH=6'
227'-11"(E)SITE WALL TO BE REPLACED
15'-0"NOSITE WALL86'-11"(E)SITE WALL TO REMAIN
NO OBSTRUCTION ABV. 24" AFF.WITH IN VISIBILITY TRIAGNLE B(E)CMU.WALLTO REMAINH=7.5'
3'-0"
6'-0"REFER TO PLAN FOR PAIREDDOOR LOCATION10"
GATE DETAIL (VIEW FROM OUTSIDE)1/2"=1'-0"
PROJECT SITEPROW. 50% OPENINGPERFORATEDMETAL SHEETOVER METAL FRAMEAT EXTERIOR SIDE

1.5" SQUARE TUBEMETAL FRAMEBEYOND TYP.

KICK BOARD ON BOTH SIDEIF HOLLOW INSIDE, CAP TOPAND PROVIDE VENT AT BOTTOMGFRONTAGE DETAIL1/2"=1'-0"A CONCRETE SIDEWALK PERPUBLIC WORKS DEPT. STANDARD
3'-4" LANDSCAPEREFER TO LNSP. PLAN
CONCRETE WALKWAYSAND COLOR EXPOSED AGGREGATECONTROL JOINTS TO MAKE48" SQUARE PATTERN CMU. PLANTER, H=30"WHITE PLASTER FINISHREFER TO PLAN FORWHERE IT OCCURS ⅊PROJECT SITENEIGHBOR LOTNSW.

SITE WALL1/2"=1'-0"B
LANDSCAPEWIDTH VARIESREFER TO LNSP. PLAN
CONCRETE WALKWAYSAND COLOR EXPOSED AGGREGATECONTROL JOINTS TO MAKE48" SQUARE PATTERNSITE WALL FOUNDATION PER STRUCTURAL DECORATIVE TEXTURED CMU.CREAM COLOR, GROUT TO MATCH COLORDECORATIVE FIN. ON BOTH SIDES 6'-0" MEASURED FROM LOWER SIDE TYP.8'-0" ALONG NORTHWEST PROPERTY LINEREFER TO PLANCMU. PLANTER, H=30"WHITE PLASTER FINISHREFER TO PLAN FORWHERE IT OCCURS SIGN DETAIL (VIEW FROM STREET)1/2"=1'-0"S

CRAIGHOMES
6" LETTERINGOVER CORTEN PANEL1/4" THICK ALUMINUMCHAMPAIGN GOLD COLORMATT FINISHPROJECT NAME TBD.6'-0" 2'-6"
CORTEN STEEL PANEL6"
2" TUBE METALSUB-FRAME BEYONDANCHORED TO GRADEPAINTED BLACKCORTEN STEEL PANELTO WARP TOP AND SIDEFOR 2" THICK SLAB LOOK BELOW GRADE UPLIGHTTO LIT SIGN TYP.

SITE PLAN1/16"=1'-0"
⅊
3'-6" MAX.
1'-0"FIXED 1'-0"FIXED

LANDSCAPE

LANDSCAPE
CONCRETE WALKWAYSAND COLOR EXPOSEDAGGREGATECONTROL JOINTS TO MAKE48" SQUARE PATTERNLANDSCAPE SIGN : MATERIAL REFERENCEGATE : MATERIAL REFERENCE
CMU WALL : MATERIAL REFERENCE
NORTH
SCALE1SITE PLAN A2.00P

SITE PLANPERIMETERDETAILS
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

PROPERTY LINE
7'-1"
PARKING36 STALLS

CRAIG AVE

DRIVEWAY
VEHICLEENTRYPEDESTRAINENTRY(N)STREET LIGHTON MARBELITE POLEW/ UNDERGROUND SERVICE(N)STREET LIGHTON MARBELITE POLEW/ UNDERGROUNDSERVICE(E)PP. (E)PP. 10'-0"
23'-8"23'-8"
30'-2"30'-0"30'-0"30'-0"30'-0"30'-2"7'-9" 188'-0"
25'-0"
30'-2"30'-0"30'-0"30'-0"30'-0"30'-2"180'-3"
25'-8 7/8"10'-0"FRONTSETBACK17'-0"2'-4 13/16"10'-0"
24'-6 7/8"10'-0"
SETBACK 50'-0"
SETBACK5'-0"SETBACK5'-0"
SETBACK10'-0"
SETBACK10'-0"
2 15/32"
1A4.01
ROLL UPGARAGE GATE20'-0" TYP.CLR.9'-1"TRASH ENCLOSURE(3) 3 CUYD. BINBUILD 6"WIDE, 8"HIGHCONCRETE CURBAT ALL PERIMETER OFTRASHROOM 5'-6"3'-6"6'-8"22'-1"
14'-8"
3'-10"
3'-10"
3'-10"

PEDESTRAINENTRY
3'-10"
3'-10"3'-10"
3'-10"
*ACCESSIBLE*ACCESSIBLE
5'-0"
OL.12TYPE C1UNIT #51,970 SFTYPE C2UNIT #41,970 SFTYPE C1UNIT #31,970 SFTYPE C2UNIT #21,970 SFTYPE C1UNIT #11,970 SFTYPE C2UNIT #62,290 SF TYPE C3UNIT #121,970 SFTYPE C3UNIT #111,970 SFTYPE C3UNIT #101,970 SFTYPE C3UNIT #91,970 SFTYPE C3UNIT #81,970 SFTYPE C3UNIT #71,970 SF OL. 10OL. 10OL. 10OL. 10OL. 10
OL. 10OL. 10OL. 10OL. 10OL. 10OL. 10 NOTE:-REFER TO A2.00 AND LANDSCAPEFOR SITE FEATURE AND PLANTER CONFIGURATION-UNIT AREA SHOWN IN THIS SHEET IS BASED ON BUILDINGCODE DEFINITION OF FLOOR AREA. REFER TO A1.01 ANDENLARGE UNIT PLAN FOR ZONING CODE FLOOR AREA. 6"
PEDESTRIANACCESS DOOR ALL STALL TO BE STANDARD TYP.UNLESS OTHERWISE NOTED(1) COMPACT STALL(1) COMPACT STALL 10'-0"
23'-8"23'-8"
30'-2"30'-0"30'-0"30'-0"30'-0"30'-2"7'-9" 188'-0"
25'-0"
30'-2"30'-0"30'-0"30'-0"30'-0"30'-2"180'-3"
25'-8 7/8"10'-0"FRONTSETBACK17'-0"2'-4 13/16"10'-0"
24'-6 7/8"10'-0"
SETBACK 50'-0"
SETBACK5'-0"SETBACK5'-0"
SETBACK10'-0"
SETBACK10'-0"
2 15/32"
1A4.01
TYPE C1UNIT #51,970 SFTYPE C2UNIT #41,970 SFTYPE C1UNIT #31,970 SFTYPE C2UNIT #21,970 SFTYPE C1UNIT #11,970 SFTYPE C2UNIT #62,290 SF TYPE C3UNIT #121,970 SFTYPE C3UNIT #111,970 SFTYPE C3UNIT #101,970 SFTYPE C3UNIT #91,970 SFTYPE C3UNIT #81,970 SFTYPE C3UNIT #71,970 SF 22'-0"3'-0"22'-0"3'-0"
NOTE:-UNIT AREA SHOWN IN THIS SHEET IS BASED ON BUILDINGCODE DEFINITION OF FLOOR AREA. REFER TO A1.01 ANDENLARGE UNIT PLAN FOR ZONING CODE FLOOR AREA.

NORTH
NORTHSCALE11/16" = 1'-0"GROUND FLOOR PLAN
SCALE21/16" = 1'-0"SECOND FLOOR PLANA2.01

GROUND FLOOR& SECOND FLOOR PLAN
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

CRAIG HOMES
3530 Wilshire Blvd., #1830Los Angeles, CA 90010OFFICE +1.213.788.1175FAX +1.213.788.1174EMAIL [email protected] 7682, 7692, 7712, 7722 CRAIG AVEBUENA PARK, CA 90621
STATUS:
11ST PRE-APP REVIEW12/06/212PRE-APP REVISION04/01/213SITE PLAN REVISION11/16/224SITE PLAN REVISION2/15/235SITE PLAN REVISION4/26/236SITE PLAN REVISION9/26/23 10'-0"
23'-8"23'-8"
30'-2"30'-0"30'-0"30'-0"30'-0"30'-2"7'-9" 188'-0"
25'-0"
30'-2"30'-0"30'-0"30'-0"30'-0"30'-2"180'-3"
25'-8 7/8"10'-0"FRONTSETBACK17'-0"2'-4 13/16"10'-0"
24'-6 7/8"10'-0"
SETBACK 50'-0"
SETBACK5'-0"SETBACK5'-0"
SETBACK10'-0"
SETBACK10'-0"
2 15/32"
1A4.01
TYPE C1UNIT #51,970 SFTYPE C2UNIT #41,970 SFTYPE C1UNIT #31,970 SFTYPE C2UNIT #21,970 SFTYPE C1UNIT #11,970 SFTYPE C2UNIT #62,290 SF TYPE C3UNIT #121,970 SFTYPE C3UNIT #111,970 SFTYPE C3UNIT #101,970 SFTYPE C3UNIT #91,970 SFTYPE C3UNIT #81,970 SFTYPE C3UNIT #71,970 SF 22'-0"3'-0"3'-0"22'-0"
NOTE:-UNIT AREA SHOWN IN THIS SHEET IS BASED ON BUILDINGCODE DEFINITION OF FLOOR AREA. REFER TO A1.01 ANDENLARGE UNIT PLAN FOR ZONING CODE FLOOR AREA.

PROPERTY LINE

PROPERTY LINE PROPERTY LINE

PROPERTY LINE

PROPERTY LINE
PROPERTY LINESETBACK5'-0"SETBACK5'-0"
SETBACK10'-0"
SETBACK10'-0"
SETBACK17'-0"
ROOF AROOFING MATERIAL :GAF 60 MIL.SINGLE PLY TPO.

SPLIT SYSTEM HEAT PUMPEXTERIOR UNIT ON ROOFH=4'-0" MAX. TYP.

ROOF BROOFING MATERIAL :GAF 60 MIL.SINGLE PLY TPO.

PARAPETH=3'-6" TYP.10'-0"MIN.TYP.
10'-0"MIN.TYP.
10'-0"MIN.TYP.

SETBACK 50'-0"10'-0"MIN.TYP.

PV. SPACETOTAL : 1356 SF
3'-0"MIN.CLR.TYP.
3'-0"MIN.CLR.TYP.
3'-0"MIN.CLR.TYP.

NOTE:-UNIT AREA SHOWN IN THIS SHEET IS BASED ON BUILDINGCODE DEFINITION OF FLOOR AREA. REFER TO A1.01 ANDENLARGE UNIT PLAN FOR ZONING CODE FLOOR AREA. 5'-0"TYP.

SCALE11/16" = 1'-0"THIRD FLOOR PLAN
A2.02

THIRD FLOOR& ROOF PLAN
NORTH
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

BALOCNY
7'-0"
3'-0"BALOCNY
W/D

GARAGE GATE

UNIT ENTRY
DN
DN
UP
UP

BATHROOM
BATHROOM5.5' X 6'
LIVING / DINNING19' X 23'

KITCHEN

BALCONY
22'-10"
2'-6"
SCALE21/4" = 1'-0"SECOND FLOOR PLAN - C1
SCALE31/4" = 1'-0"THIRD FLOOR PLAN - C1
C1#1C2#2C1#3C2#4C1#5C2#6 C3#7C3#8C3#9C3#10C3#11C3#12

KEY MAP
GROSS FLOOR AREA PER BPMC : 680 SF
GROSS FLOOR AREA PER BPMC : 695 SF
GROSS FLOOR AREA PER BPMC : 638 SF
WIC.

CLOSET
CLOSET
WIC.

STORAGE
A2.11
ENLARGEDPLAN - UNIT TYPE C1
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

MATCHLINE
MATCHLINE23'-0 19/32"
9'-9"
VARIATIONAT #6 UNITTYPICALGROSS FLOOR AREA PER BPMC : 637SF BEDROOM10.5' X 10.5' 20'-0"
20'-5"
BEDROOM12.5' X 14.5'BATHROOM10.5' X 6'
LIVING / DINNING19' X 23'
BEDROOM10.5' X 10.5'
BATHROOM5.5' X 6'
DNW/D
25'-4 5/16"
22'-11 23/32"
30'-0"
23'-0 19/32"
9'-9"
VARIATION AT #6 UNITGROSS FLOOR AREA PER BPMC : 829 SFTYPICALGROSS FLOOR AREA PER BPMC : 711 SF STORAGEAT #6 UNIT KITCHEN
(2) STANDARDPARKING STALLS

UNIT ENTRYUP
UP
DN

GARAGE GATEBALCONY

BALCONY
22'-8 9/16"
21'-4"
30'-0"
23'-8"
GROSS FLOOR AREA PER BPMC : 680 SF
C1#1C2#2C1#3C2#4C1#5C2#6 C3#7C3#8C3#9C3#10C3#11C3#12

KEY MAP
SCALE11/4" = 1'-0"GROUND FLOOR PLAN - C2
SCALE21/4" = 1'-0"SECOND FLOOR PLAN - C2
SCALE31/4" = 1'-0"THIRD FLOOR PLAN - C2
CLOSET
CLOSET
WIC.

WIC.

STORAGEMATCHLINE

MATCHLINE
A2.12
ENLARGEDPLAN - UNIT TYPE C2
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

BALOCNY
W/D
ACCESSIBLEPOWER ROOM6' X 7.5'
TYPICALGROSS FLOOR AREA PER BPMC : 680 SF
ACCESSIBLE UNITS AT #7 AND #8GROSS FLOOR AREA PER BPMC : 695 SF

GARAGE GATE

UNIT ENTRY

UNIT ENTRY
DN
DN
UP
UP
UP

BATHROOM
BATHROOM5.5' X 6'

KITCHEN
LIVING / DINNING19' X 24'

BALCONY
GROSS FLOOR AREA PER BPMC : 639 SF
GROSS FLOOR AREA PER BPMC : 750 SF
SCALE11/4" = 1'-0"GROUND FLOOR PLAN - C3
SCALE21/4" = 1'-0"SECOND FLOOR PLAN - C3
SCALE31/4" = 1'-0"THIRD FLOOR PLAN - C3
CLOSET
CLOSET

STORAGE

STORAGE
STORAGEWIC.

A2.13
ENLARGEDPLAN - UNIT TYPE C3
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

COLOREDBUILDINGELEVATIONS
SCALE21/16" = 1'-0"SOUTH ELEVATION
SCALE11/16" = 1'-0"NORTH ELEVATION ALONG CRAIG AVENUE
SCALE41/16" = 1'-0"EAST ELEVATION SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

PLANT PALETTE

MATERIALS
⅊ ⅊PROPERTY LINE

PROPERTY LINE
CRAIG AVE.
30'-0"
13'-0" TYP.24'-0" TYP.
11'-0" TYP.
0301 01
ROOF SURFACEBEYOND TYP.

NEIGHBOR PROPERTY LINE
6'-0"TYP.

ROOF EQUIPMENT48" MAX. AFF.CONCEALED FROM PROW.TYP.
6'-0"

LOWEST POINT OF PARAPET
VIEWSHED LINEFROM PROW.
⅊ ⅊PROPERTY LINE

PROPERTY LINE
30'-0"11'-0" TYP.24'-0" TYP.
02060103 04 05
ROOF SURFACEBEYOND TYP.
⅊ ⅊PROPERTY LINE

PROPERTY LINE
30'-0"11'-0" TYP.24'-0" TYP.22'-0" TYP.
06 0304 01 020502
ROOF SURFACEBEYOND TYP.
⅊ ⅊PROPERTY LINE

PROPERTY LINE
CRAIG AVE.
30'-0"
24'-0" TYP.13'-0" TYP.
22'-0" TYP.11'-0" TYP.
01 0103
ROOF SURFACEBEYOND TYP.

A3.11b

COLOREDBUILDINGELEVATIONS
SCALE21/16" = 1'-0"DRIVEWAY SOUTH ELEVATION
SCALE11/16" = 1'-0"DRIVEWAY NORTH ELEVATION

PLANT PALETTE

MATERIALS
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

RENDERINGS
SCALE1NTSRENDERING
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

SCALE11/16" = 1'-0"SECTION
A4.01

BUILDINGSECTION
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

PARAPET HEIGHT VARIESSPLIT ROOF UNITSPLIT ROOF UNIT

ROOF EQUIPMENT WILL NOTBE VISIBLE FROM PUBLICBUILDING ABUILDING B 3" = 1' - 0"(TRESPA METEON FLUSH SIDING)FLUSHED WINDOW SILL

EXTERIORINTERIOR
3" = 1' - 0"(TRESPA METEON FLUSH SIDING)FLUSHED WINDOW HEAD

EXTERIORINTERIOR
3" = 1' - 0"(TRESPA METEON FLUSH SIDING)FLUSHED WINDOW JAMB EXTERIORINTERIOR 1
2 3
4 5
6 3" = 1' - 0"(STUCCO)FLUSHED WINDOW HEAD

EXTERIORINTERIOR
3" = 1' - 0"AT FLOOR (STUCCO)FLUSHED WINDOW SILL
EXTERIORINTERIOR3" = 1' - 0"WITH FLUSH WINDOWNAIL ON WINDOW JAMB A5.01

DETAILS
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

CRAIG AVE

PROPERTY LINE

PROPERTY LINE PROPERTY LINE

PROPERTY LINE

PROPERTY LINE
20'-0"
25'-0"

DRIVEWAY
341'-6 15/32"
101'-11 9/32"
TRASHROOM UNIT #11,970 SFUNIT #21,970 SFUNIT #31,970 SFUNIT #41,970 SFUNIT #51,970 SFUNIT #62,290 SF UNIT #121,970 SFUNIT #111,970 SFUNIT #101,970 SFUNIT #91,970 SFUNIT #81,970 SFUNIT #71,970 SF

DRIVEWAYLANDSCAPEDAREA

VEHICLEENTRYPEDESTRIANENTRYLANDSCAPEDAREAPEDESTRIANENTRYNEIGHBOR LOT PARKING36 STALLS

RECREATIONALAREA

LANDSCAPED WALKWAY

LANDSCAPED WALKWAY
VICINITY TRIANGLECLEAR SPACEREFER TO A2.00PVICINITY TRIANGLECLEAR SPACEREFER TO A2.00P REFER TO A2.00PFOR ALL SITE WALL ANDPERIMETER DETAIL

PLANTING PALETTE
NORTHSCALE11/16" = 1'-0"CONCEPTUAL LANDSCAPEL1.01

CONCEPTUALLANDSCAPE
SHEET NO.

JOB NO:SHEET TITLE
ISSUE DATESNO.DESCRIPTIONDATE
SEAL
211101

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT

VICINITY MAP

CITY COUNCIL
March 12, 2024
General Plan No. GP-22-1, Zone Change No. Z-22-1,
Site Plan No. SP-22-13, and
Mitigated Negative Declaration No. MND-22-1
7682, 7692, 7712, and 7722 Craig Avenue
APN: 066-132-09, -15, -16, and -17
Beach Blvd
Craig Ave
Pacific Ave
Fullerton Ave
N

SUBJECT SITE
RESOLUTION NO. 6321
GENERAL PLAN AMENDMENT NO. GP-22-1

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BUENA PARK, CALIFORNIA, RECOMMENDING THAT

THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT
GP-22-1 FOR THE PROPERTIES LOCATED AT 7682, 7692,
7712, AND 7722 CRAIG AVENUE, AMENDING THE LAND USE

MAP OF THE GENERAL PLAN FROM LOW DENSITY

RESIDENTIAL LAND USE TO HIGH DENSITY RESIDENTIAL

DESIGNATION AND MAKING FINDINGS IN SUPPORT

THEREOF

A. Recitals.

(i) The City Council of the City of Buena Park adopt ed the Buena Park General Plan as required by law on December 7, 2010 through the adoption of Resolution No. 12497.

(ii) Sean Mo of Andmore Partners , applicant, 3530 Wilshire Boulevard, Suite 1830, Los Angeles, CA 90010, on behalf of Craig & Beach Invest ment, Inc. , property owner, 5681 Beach Boulevard, Suite 200, Buena Park, CA 90621 has filed an application for General Plan Amendment No. GP-22-1 to change the land us e designation from Low Density Residential to High Density Residential on certain properties located at 7682, 7692, 7712, and 7722 Craig Avenue, in the City of Buena Park, California.

(iii) The Planning Commission of the City of Buena Park has heretofore conducted a duly noticed public hearing on February 14, 2024 as required by law, to cons ider General Plan Amendment GP-22-1, amending the General Plan Land Use Map of the General Plan amending the land use designation of the subject propert ies from Low Density Residential land use to High Density Residential designation.

(iv) The Planning Commission has reviewed and considered all components of the proposed General Plan Amendment GP-22-1, amending the General Plan Land Use Map of the Land Use and Community Design Element of the General Plan.

(v) All legal prerequisites to the adoption of the Resolution have occurred.

B. Resolution.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF BUENA PARK does hereby finds, determines, resolves, and recommends the City Council find as follows:

1. The proposed General Plan Amendment will be consi stent with the goals, policies, purposes, objectives, and programs of the City’s General Plan. The proposed General Plan Amendment will provide additional housing to enhance the viability of the City’s residential development consistent with the General Plan goals and policies including, but is not limited to:

 General Plan Land Use Element Policy LU -1.3: Establish a wide range of residential density and non- residential intensities to encourage a wide range of development opportunities.

Resolution No. 6321
General Plan Amendment No. GP-22-1
February 14, 2024

Page 2 ends

 General Plan Land Use Element Policy LU -3.1: Ensure that development activities acknowledge the protection and enhancement of quality of life in the City’s neighborhoods.
 General Plan Land Use Element Policy LU -3.3: Ensure land use decisions consider impacts to infrastructure and service needs.
 General Plan Land Use Element Goal LU -6: A housing stock that meets the diverse needs of Buena Park’s existing and future residents.
 General Plan Land Use Element Policy LU -6-1: Provide for housing opportunities that address the needs of those who currently live or desire to live in Buena Park.  General Plan Land Use Element Policy LU-6.6: Provide a wide range of housing options for Buena Park residents, including owner and rental housing adjacent to jobs, shopping, and transit.
 General Plan Housing Element Goal 3.0: Provide suitable sites for housing development which can accommodate a range of housing by type, size, location, price, and tenure.

2. The proposed General Plan Amendment No. GP -22-1 will promote the orderly development of the City and the public health, safety, and welfare by enhancing and maintaining sound and logical land use and development practices guided by the Land Use & Community Design Element.

3. The proposed General Plan Amendment No. GP -22-1 will increase and not diminish the land available for housing within the City. The proposed General Plan Amendment will provide added housing opportunities to enhance the viability of the City’s housing supply.

4. The proposed General Plan Amendment No. GP-22-1 will maintain and improve the viability of the housing stock within the area in a manner consistent with the character of surrounding neighborhoods and will promote the orderly development of the subject property.

5. The proposed General Plan Amendment No. GP -22-1 will develop currently vacant parcels with buildings and uses that are complimentary to the existing uses in the area, thereby enhancing and conserving the neighborhood property values.

6. The Planning Commission finds and recommends that the City Council find that General Plan Amendment GP-22-1 will have a positive effect on land available for housing within the City. The project will provide added housing opportunities to enhance the viability of the City’s housing supply.

7. The Planning Commission finds that facts supporting the above- specified finding are contained in the staff report and exhibits, and information provided to this Planning Commission during the public hearing conducted on February 14, 2024 with respect to the project.

8. The Planning Commission has reviewed and considered all components of the requested General Plan Amendment and has adopted a separate Resolution certifying Mitigated Negative Declaration (MND-22-1) pertaining to this project including adopted mitigation requirements.

RESOLUTION NO. 6322
ZONE CHANGE NO. Z-22-1

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BUENA PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE APPROVING ZONE CHANGE Z -22-1 TO CHANGE THE
ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT 7682, 7692, 7712, 7722 CRAIG AVENUE (APNS: 066-132-09, -15, -16, AND - 17) FROM RS-6 (ONE-FAMILY RESIDENTIAL ) TO RM-20 (MEDIUM-

DENSITY RESIDENTIAL)

A. Recitals.

(i) Sean Mo of Andmore Partners, applicant, 3530 Wilshire Boulevard, Suite 1830, Los Angeles, CA 90010, on behalf of Craig & Beach Investment, Inc., property owner, 5681 Beach Boulevard, Suite 200, Buena Park, CA 90621 has filed an application for Zone Change No. Z-22-1 to change the existing zoning district from RS-6 (One-Family Residential) to RM-20 (Medium-Density Residential) of the subject properties located at 7682, 7692, 7712, 7722 Craig Avenue (“Site”) to develop the property with a twelve (12)-unit apartment home community, open space, and 36 parking spaces and other site improvements (“Project”). Applicant applications to amend the General Plan (General Plan GP-22-1), rezone the Site, and a Site Plan Review.

(ii) Pursuant to Section 19.404.020(CE) of the City’s Municipal Code, the RM- 20 (Medium-Density Residential) zoning district authorizes for the development and preservation of medium -density apartments, condominiums, and group quarters in locations convenient to community commercial, recreational, and cultural activities. (iii) The Project’s potential environmental impacts were analyzed in that Initial Study and Mitigated Negative Declaration (MND-22-1).

(iv) On February 14, 2024, the Planning Commission conducted a duly noticed public hearing on the application, as required by law, and concluded said hearing prior to the adoption of this resolution.

(v) The Planning Commission has reviewed and considered all com ponents of the proposed Zone Change Z-22-1 from RS-6 (One-Family Residential) to RM-20 (Medium- Density Residential) including the Mitigated Negative Declaration (MND-22-1) and concluded its public hearing prior to adoption of this resolution.

(vi) All legal prerequisites to the adoption of this Resolution have occurred.

B. Resolution.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF BUENA PARK does hereby finds, determines, resolves, and recommends the City Council find as follows:

1. In all respects, all the facts as set forth in the Recitals, Part A, of this Resolution are true and correct and are incorporated herein by this reference.

Resolution No. 6322
Zone Change No. Z-22-1
February 14, 2024

2. Based upon substantial evidence presented to the Planning Commission during the above-referenced hearing, including written staff reports, verbal testimony, and Development Plans stamped “RECEIVED SEP 28 2023 PLANNING DIV ” the Planning Commission hereby specifically finds as follows:

a. The proposed Zone Change will be in conformanc e with the City’s General Plan as amended and will facilitate a multi-family residential development opportunity resulting in additional housing to enhance the viability of the City’s residential development. The Project further conforms to the General Plan goals and policies for the reasons set forth in Exhibit “A” of the General Plan Amendment Resolution GP-22-1, which findings are incorporated herein by reference.

b. The proposed Zone Change will have a positive effect on land available for housing within the City. The project will provide added multi -family housing opportunities to enhance the viability of the City’s housing supply. The proposed Zone Change will provide additional land available for viable residential development within the City, but will not create substantial demands for new infrastructure. Adequate infrastructure and utilities are available in the area to serve the Site and no substantial new infrastructure is required.

3. The proposed project has been reviewed pursuant to CEQA through the preparation of a Mitigated Negative Declaration. By separate resolution adopted with consideration of this resolution, the Planning Commission has determined that the Mitigated Negative Declaration is legally adequate and has concluded that the Project would not result in any new or substantially more severe significant environmental impacts than those considered and addressed by the mitigation measures included therein.

4. The Planning Commission finds that facts supporting the above specified findings are contained in the staff report and exhibits, and information provided to the Planning Commission during the public hearing conducted on February 14, 2024 with respect to the Project.

5. The Planning Commission hereby recommends that the City Council of the City of Buena Park certify an Ordinance approving Zone Change Z-22-1, amending Zoning Map changing the existing zoning district of the subject properties from RS-6 (One-Family Residential) to RM-20 (Medium-Density Residential) attached hereto as Exhibit “A”.

6. The Secretary of the Planning 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 General Plan Amendment GP-22-1, Zone Change Z-22-1, and Mitigated
Negative Declaration MND -22-1, and transcripts of any and all hearings conducted with respect to the applications recommended for approval therein.

RESOLUTION NO. 6323
SITE PLAN REVIEW NO. SP-22-13

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BUENA PARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL

APPROVE A REQUEST TO ALLOW FOR THE DEVELOPMENT OF A NEW 12-UNIT APARTMENT HOME COMMUNITY WITH ITS REQUIRED OFF -

STREET PARKING, OPEN SPACE AND ASSOCIATED SITE
IMPROVEMENTS FOR THE PROPERTIES LOCATED AT 7682, 7692, 7712, AND 7722 CRAIG AVENUE (APNS: 066 -132-09, -15, -16, AND -17), AND

MAKING FINDINGS IN SUPPORT THEREOF

A. Recitals.

(i) Sean Mo of Andmore Partners, applicant, 3530 Wilshire Boulevard, Suite 1830, Los Angeles, CA 90010, on behalf of Craig & Beach Investment, Inc., property owner, 5681 Beach Boulevard, Suite 200, Buena Park, CA 90621, has filed an application for a Site Plan Review No. SP -22-13 to allow the development of a new twelve (12) unit apartment home multi-family residential community with its required off -street parking, open space and associated on- and off-site improvements for the properties located at 7682, 7692, 7712, and 7722 Craig Avenue in Buena Park, California, in the County of Orange (APNs: 066-132-09, - 15, -16, -17). Hereinafter in this Resolution, the subject Site Plan Review request are referred to as the “application.”

(ii) On February 14, 2024, the Planning Commission conducted a duly noticed public hearing on the application, as required by law, and concluded said hearing prior to the adoption of this Resolution.

(iv) The Planning Commission has reviewed and considered all components of the proposed Site P lan No. 22- 13 and concluded its public hearing prior to adoption of this resolution.

(v) All legal prerequisites to the adoption of this Resolution have occurred.

B. Resolution.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF BUENA PARK, does hereby finds, determines and resolves, and recommends the City Council of the City of Buena Park find 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 the Planning Commission during the above- referenced hearing, including written staff reports, verbal testimony, and the Site Plan Review No. SP-22-13 Development Plans stamped “RECEIVED SEP 28 2023 PLANNING DIV.,” this Commission hereby specifically finds, determines, and resolves as follows:

Resolution No. 6323
Site Plan Review No. SP-22-13
February 14, 2024

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Site Plan Review

a. FINDING: The proposed development meets all applicable requirements of this Title and other laws.

MND-22-1 with the appropriate Conditions of Approval and Mitigation Measures will meet all applicable requirements of the General Plan and Zoning Ordinance, and other laws. The
proposal is consistent with the design goals of the Architectural Design Guidelines for multifamily residential developments by providing building and site enhancements. The proposal will comply with density, lot coverage, setbacks, floor area, parking, circulation, open space, building materials, as conditioned, and other applicable requirements.

FACT: The site arrangement and improvements will not be detrimental to the existing and intended character of the surrounding neighborhood since site arrangement provides the required setbacks for the adjacent uses. The site arrangement building design as well as the improvements will blend with the overall character of the surrounding neighborhood.

c. FINDING: Property values will be conserved.

FACT: The proposed twelve (12) unit apartment multi-family residential development, will not negatively impact surrounding properties since the investment in the currently vacant properties will elevate the property’s aesthetics. All improvements meet the Buena Park Municipal Code requirements for the RM -20 zone as well as the Design Guidelines for Multi-Family for the purpose of promoting high-quality design that is compatible with adjacent properties.

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Plan No. SP -22-13. Environmental impacts were studied and mitigation measures identified in the Mitigation Monitoring and Reporting Program to mitigate potential environmental impacts to less than significant levels.

e. FINDING: The exterior architectural design is in reasonable harmony with the architectural character of the area.

f. FINDING: The arrangement and design for pedestrian and vehicular traffic will minimize congestion and protect pedestrian and vehicular safety.

FACT: The arrangement and design for pedestrian and vehicular traffic will continue to minimize congestion and protect pedestrian and vehicular safety for the subject property as well as surrounding properties. A single driveway will be provided at the northeast corner of the property closer to Beach Boulevard along Craig Avenue.

3. The Planning Commission recommends that the City Council of the City of Buena Park adopt the attached Mitigated Negative Declaration MND -22-1 and associated Mitigation Monitoring and Reporting Program and certifies that the MND for General Plan Amendment No. GP-22-1, Zone Change No. Z-22-1, and Site Plan No. SP-22-13, has been completed in compliance with the California Environmental Quality A ct, the State CEQA Guidelines, and local procedures adopted pursuant thereto, and has reviewed and considered the information contained in the MND. The City of Buena Park shall file a Notice of Determination (NOD) with the County Clerk of Orange County and the Secretary of the Resources Agency pursuant to the provisions of Section 21152 of Public Resources Code and State CEQA Guidelines Section 15075 adopted pursuant thereof.

4. The Secretary of the Planning 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 Site Plan No. SP -22-13 for the development of a 12- unit apartment home communit y, and transcripts of any and all hearings conducted with respect to the application recommended for approval herein.

5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3 and 4, above, the Planning Commission hereby recommends that the City Council of the City Resolution No. 6323
Site Plan Review No. SP-22-13
February 14, 2024

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of Buena Park approve Site Plan Review No. SP -22-13 development plans stamped “RECEIVED SEP 28 2023 PLANNING DIV.,” as modified herein and the following conditions set forth in paragraph 6 of this Resolution.

6. The following conditions are deemed necessary to protect the public health, safety, and general welfare and are reasonable and proper in accordance with the purpose and intent of the Buena Park City Code:

PUBLIC WORKS DEPARTMENT:

2. The following plans and/or information shall be prepared and submitted in accordance with City standards:
a. Grading/Utility Plan
b. Erosion Control Plan
c. Water Quality Management Plan (WQMP)

4. The project site must be graded as not to adversely impact the adjacent properties. An Engineering Grading Certification shall be submitted to Engineering Division when grading is complete. The C ertification form shall be obtained from the Engineering Services Division. The project RCE/geotechnical engineer shall initiate and prepare the certification, duly signed, wet stamped with date of expiration of registration.

5. New public improvements to include the following:
a. Remove 3 existing driveway approaches that will be unused for this development with sidewalk, and curb and gutter along the Craig Avenue frontage per City standards.

b. Construct sidewalk along the Craig Avenue frontage per City standard.

c. Remove and underground overhead wires along the Craig Avenue frontage.

d. Install 2 new street lights on marbelite poles with underground service along the Craig Avenue frontage.

6. Prior to issuance of grading or building permits, permit applicant shall submit for approval by the City Engineer, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMP’s) that will be used on site to control predictable pollutant run-off. Applicant shall record the approved WQMP with the Orange County Resolution No. 6323
Site Plan Review No. SP-22-13
February 14, 2024

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Clerk-Recorder at the cost of the applicant, and provide the City with a conformed copy of the recorded WQMP.

This WQMP shall identify the: structural and non- structural measures specified in Appendix G, as available at the Engineering Services Division, detailing implementation of BMP’s whenever they are applicable to the project (when the project has a below grade loading dock, for example); the assignment of long -term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall reference the location(s) of structural BMP’s.

9. A traffic impact fee is required and must be paid per City of Buena Park Resolution No. 9726. The traffic impact fee must be paid prior to occupancy of the building.

11. All trash collection services needed during construction or after project completion shall be obtained from the City’s authorized provider.

12. All fees, deposits and bonds associated with improvements required by the Public Works Department shall be paid prior to the issuance of permits for construction.

ORANGE COUNTY FIRE AUTHORITY

1. 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.

Resolution No. 6323
Site Plan Review No. SP-22-13
February 14, 2024

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a. Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if the grading permit is not required:
i. Submittal of a Fire Master Plan (service code PR145) ii. Submittal of alternate methods and materials (AM&M) request (PR910), for hose pull deficiencies
b. Prior to issuance of a precise grading permit or a building permit, if a grading permit is not required:
i. Submittal of gates (service code PR180), if not part of fire master plan c. Prior to issuance of a building permit:
i. Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475)
ii. Fire sprinkler system (service codes PR400-PR465)
d. Prior to concealing interior construction:
i. Sprinkler monitoring system (service code PR500), if part of AM&M

2. Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to OCFA. Standard notes, guidelines, informational bulletins, submittal instructi ons, and other information related to plans reviewed by the OCFA may be found by visiting ocfa.org on the Planning and Development Section homepage.

4. Lumber-drop Inspection: After installation of req uired fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714 -573- 6150 with the Service Request number of the approved fire mast er plan at least five days in advance to schedule the lumber drop inspection.

BUILDING
DIVISION:

1. The project shall comply with state and federal disabled access requirements.

Resolution No. 6323
Site Plan Review No. SP-22-13
February 14, 2024

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2. The project shall comply with the California Building Codes as adopted and amended by the City of Buena Park Municipal Code, Title 15.

3. The building/buildings shall be fully fire -sprinklered as required by the City of Buena Park Municipal Code, Title 1, and/or the California Building Codes.

5. The construction plans require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect.

6. After the public hearing appeal period ends, applicant shall submit three (3) sets of construction plans to the Building Division for plan check in order to obtain required building permits.

PLANNING DIVISION:

1. This approval shall be contingent upon the approval of General Plan Amendment No.

GP-22-1, Zone Change No. Z-22-1, and Mitigated Negative Declaration No. MND-22-

1. 2. This approval shall be for the development of a 12- unit apartment home community including associated off-street parking, open space, and site improvements on a property comprised of four (4) parcels containing approximately 0.69 acres, located at 7682, 7692, 7712, and 7722 Craig Av enue in substantial compliance with Site Plan Review No. SP -22-13 Development Plans dated “RECEIVED SEP 28, 2023 PLANNING DIV.,” and as conditioned herein.

3. The applicant and/or property owner shall ensure that a copy of the Planning Commission Resolution, including all conditions of approval, and mitigation measures contained in the Mitigation Monitoring and Reporting Program , be reproduced on the first pages of construction drawings and shall be distributed to all design professionals, contractors, and subcontractors participating in the construction phase of the project.

5. Plans submitted for plan check shall include architectural amenities generally consistent with the submitted conceptual plans stamped “RECEIVED SEP 28, 2023 PLANNING DIV.” All construction drawings submitted for the development shall include sufficient construction details showing architectural accents, colors, details of construction, and techniques to ensure architectural compatibility throughout the development. Final details shall be approved by the Planning Division prior to issuance of building permits for the project. Final color and material samples shall be provided to the Planning Division with plan check submittals. Architectural features may be replaced or modif ied subject to approval of the Community Development Director, based on equivalent provision of acceptable alternatives. Specifications and samples Resolution No. 6323
Site Plan Review No. SP-22-13
February 14, 2024

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of the following shall be submitted to the Planning Division for approval prior to issuance of building permits:
a. Paint colors for stucco
b. Stucco exterior finish
c. Roofing material
d. Window trim
e. Cedar Wood siding
f. Decorative fiber cement panels (slate look)
g. Metal siding
h. Corten steel panel
i. Enhanced light fixtures

Architectural features may be replaced or modified sub ject to approval of the Community and Economic Development Director, based on equivalent provision of acceptable alternatives.

7. Any new walls and fencing, including those shown on plans shall comply with the City of Buena Park Mu nicipal Code (BPMC) Chapter 19.428 (Development Standards – Fences, Walls, Hedges, and Berms) and shall require separate fence and wall permit approval by the Planning Division, as necessary.

8. A 6-inch wide decorative masonry wall, at least 6 ft. high measured from the highest finished grade on either side of the wall, shall be constructed and maintained along the west property line; existing block walls on the south and west property lines shall be repaired and finished where needed consistent with the submitted conceptual plans stamped “RECEIVED SEP 28, 2023 PLANNING DIV.” in accordance with the structural design approved by the Building Division. All the perimeter walls shall match in color and texture. No block wall construction shall occ ur until a Grading Plan has been approved by the Public Works Department, if required. Double walls shall be filled and capped to the satisfaction of the City.

10. The planting of trees and shrubs shall have plant material selected and planting methods used which are suitable for the soil and climatic conditions of the site. The landscaping areas along the entire west property shall be planted with a row of trees Resolution No. 6323
Site Plan Review No. SP-22-13
February 14, 2024

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that include a mixture of 15-gallon, 24-inch box, including mature specimen trees in a 36-inch box size up to 48-inch box size.

11. The open space areas within the development shall be generally consistent with the plans dated “RECEIVED SEP 28, 2023 PLANNING DIV.” Specific features, including exact design and specifications including landscaping, specified areas for active and passive areas shall be reviewed and approved by the Planning Division prior to the issuance of building permits. The open space areas and sit e amenities shall have appropriate durability and longevity and include elements that are consistent with the following:
a. Bar-be-que grills
b. Picnic tables with benches

13. Building and site lighting shall be decorative and consistent with the building design.

14. All parking areas and driveways shall be paved and striped in compliance with BPMC Section 19. 436.070(Residential Parking Dimensions and Layout) and Section

19.436.080 (Residential Parking Improvements) as shown on the approved plan. All landscaped areas shall be separated from adjacent vehicular areas by a masonry wall or portland cement concrete (p.c.c.) curb a minimum of 6 inches in height, or by p.c.c. or masonry walkway. It shall be the responsibi lity of the developer to submit to the Public Works Department such plans as are necessary to ensure the installation of curbs or walls do not detrimentally affect drainage.

15. All required utility services and equipment, including transformers, gas meter, “J ” boxes, and similar devices shall be located below grade, to the extent possible, or shall be screened from view by landscaping or ornamental decorative walls. The placement and treatment of all screening devices shall be subject to review and approval of the Planning Division. In addition to said walls, landscaping may also be required as a solution for screening. A preliminary electrical equipment plan, which is prepared by the Southern California Edison Company, shall be reviewed and approved by the City Planning Division prior to the issuance of building permits. The applicant is required to return City approved red line prints to the Southern California Edison Company Planning Department, for preparation of final construction drawings. The location of other utility companies’ appurtenances and meters shall be submitted to the City Planning Division for review and approval prior to installation.

Resolution No. 6323
Site Plan Review No. SP-22-13
February 14, 2024

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20. The proposed trash enclosure shall be incompliance with the Buena Park Municipal Code Section 19.424.010 (Trash Storage Facilities).Plans submitted for plan check shall include trash receptacles within the common open space area. The design of the trash receptacles shall compliment the project.

21. Mail boxes shall be supplied, installed and designed to the approval of the Planning Division, with locations subject to the US Postal Service approval.

22. The following items shall be considered conditions of this development:
a. All trees throughout the development shall be properly maintained in living condition and any damaged or diseased tree shall be replaced by the property owner.
b. The parking areas shall be maintained and clear of storage in order to maintain parking.
c. Balconies and porches shall not be used for storage.

24. The construction authorized by the Site Plan Review shall be started within one (1) year of the expiration of the appeal period and thereafter diligently advanced until completion of the project.

25. This approval may be revoked for any violation of noncompliance with any of these conditions in accordance with BPMC Section 19.132.030 (Revocation).

Resolution No. 6323
Site Plan Review No. SP-22-13
February 14, 2024

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AFFIDAVIT OF ACCEPTANCE:

Date:

Printed Name and Signature
Owner / Applicant

RESOLUTION NO. 6324
MITIGATED NEGATIVE DECLARATION NO. MND-22-1

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BUENA PARK RECOMMENDING THAT THE CITY COUNCIL OF THE

CITY OF BUENA PARK CERTIFY THE COMPLETION OF A MITIGATED NEGATIVE DECLARATION NO. MND- 22-1 FOR GENERAL PLAN
AMENDMENT NO. GP -22-1, ZONE CHANGE NO. Z -22-1, AND SITE PLAN NO. SP -22-13, TO DEVELOP A 12-UNIT APARTMENT HOME

COMMUNITY WITH ASSOCIATED PARKING AND SITE
IMPROVEMENTS FOR THE PROPERTIES LOCATED AT 7682, 7692,
7712, AND 7722 CRAIG AVENUE (APNS: 066-132-09, -15, -16, AND -17)

A. Recitals.

(i) Sean Mo of Andmore Partners, applicant, 3530 Wilshire Boulevard, Suite 1830, Los Angeles, CA 90010, on behalf of Craig & Beach Investment, Inc., property owner, 5681 Beach Boulevard, Suite 200, Buena Park, CA 90621 has filed a request for General Plan Amendment No. GP-22-1, Zone Change No. Z-22-1, and Site Plan No. SP- 22-13, to develop a 12-unit apartment home community with associated parking and site improvements at 7682, 7692, 7712, and 7722 Craig Avenue, Buena Park, California, 90621 (APNs: 066-132-09, -15, -16, -17)
in the County of Orange (collectively, the
“Project”).

Seq.]). Pursuant to State CEQA Guidelines Article 6 (Negative Declaration Process) Section 15070 (Decision to prepare a negative or mitigated negative declaration) , and based on the information contained in the Initial Study, a decision was made to prepare a Mitigated Negative Declaration (“MND”) for the project. The City contracted with an independent consultant, Kimley-Horn and Associates, for the preparation of the MND.

(iii) A Mit igated Negative Declaration (MND) with associated Mitigation Monitoring and Reporting Program was prepared pursuant to the State CEQA Guidelines (California Administrative Code Section 15000 et. seq.) and local procedures adopted pursuant thereto.

(iv) On December 22, 2023 , a Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration was filed and the MND was forwarded to interested persons, organizations, and agencies;

(v) The public comment period for the draft MND began on December 22, 2023 and was lawfully closed on January 16, 2024; and

Resolution No. 6324
Mitigated Negative Declaration No. MND-22-1
February 14, 2024

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Buena Park City CouncilMarch 12, 2024

Buena Park City Council
March 12, 2024