for a Development Agreement, Site Plan Review and Variances from specified standards in the ECSP.
(ii) The Developer submitted a request to enter into a Development Agreement (DA- 23-1) with the City to develop a six -story, 140 -room hotel , parking and associated site improvements on property located at 7860 Beach Boulevard, in the City of Buena Park, California, (APN: 136-231-35) in the County of Orange. Hereinafter, in this Ordinance, the subject Development Agreement (DA-23-1) request is referred to as “Development Agreement”. The Development Agreement, a substantive form of which is attached hereto as Exhibit “A”, establishes the rights and obligations of the Developer and the City relating to the development of the Project, secures the Developer’s vested right to development the Project in accordance with the requirement s of the Development Agreement and the Development Plan, attached as Exhibit “B” to the Development Agreement.
(iii) Attached to this Ordinance, marked Exhibit “ A” and incorporated herein by reference, is a proposed Development Agreement (DA-23-1), concerning that property located at 7860 Beach Boulevard in the City of Buena Park, and as legally described within the attached Exhibit “A”. Hereinafter in this Ordinance, that agreement attached hereto as Exhibit “A” is referred to as “the Development Agreement.”
(iv) The Project’s potential environmental impacts were analyzed and it was determined that the project is Categorically Exempt from the provisions of CEQA pursuant to Section 15332 (In-Fill Exemption).
(v) On February 28, 2024, the Planning Commission conducted a duly noticed public hearing on the Development Agreement and other project entitlements, as required by law, and recommended (4-0) that the City Council approve said entitlements, including the Development Agreement.
(vi) On March 26, 2024, the City Council has heretofore conducted a duly noticed public hearing concerning the potential adoption of the Development Agreement and 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 finds that all the facts as set forth in the Recitals, Part A, of this Ordinance are true and correct and are incorporated herein by this reference.
Section 2. Based upon substantial evidence presented to the City Council during the above-referenced hearing, including written staff reports, verbal testimony, and Development Plans stamped “RECEIVED NOV. 17, 2023 PLANNING DIV.” the City Council hereby finds that Development Agreement No. DA-23-1 will promote the orderly development of the project area along with the public health, safety and welfare.
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
1. The City Council also makes the following specific findings in support of Development Agreement DA-23-1.
a. The location, design, and proposed hotel development set forth in the Development Agreement and the Development Plan will be compatible with the existing and anticipated development in the vicinity and is consistent with the General Plan. The Site is designated Tourist-Entertainment in the General Plan, which focuses on the entertainment and tourist -related land uses that are unique to Buena Park. The proposed hotel development will redevelop a currently vacant property with a high -quality nationally branded hotel for guests seeking lodging in Buena Park. The Project is harmonious with the surrounding commercial development within the Entertainment Corridor and is consistent with the General Plan’s desired character and expressed vision for the Entertainment Corridor Focus Area.
b. The Development Agreement will continue to produce an environment of stable and desirable character, will not significantly impact traffic on the surrounding streets, and will include adequate on -site circulation and pedestrian access.
c. The proposed project and improvements will enhance site and area aesthetics. The proposed project and improvements will be compatible with the surrounding development and will enhance site utility. Further, the Development Agreement will promote the orderly development of the project area along with the public health, safety and welfare. The Project is harmonious with the surrounding commercial development and will promote the orderly development of the Site by redeveloping a currently vacant property with a high-quality hotel development.
d. In conjunction with the associated Variance and Site Plan Review, the Development Agreement will conform with the City of Buena Park’s General Plan and Zoning Ordinance requirements. The proposal will promote the maximum efficient utilization of the site.
Section 3. The City Council hereby finds and determines that the Project identified above in this Ordinance has been reviewed pursuant to CEQA and it has been determined that the project is Categorically Exempt from CEQA pursuant to Section 15332 (In -Fill). The project meets the specified criteria in Section 15332 to qualify for a Categorical Exemption.
Section 4. The City Council hereby adopts Development Agreement DA -23-1, the substantive form of which is attached hereto as Exhibit “A”. This Ordinance is adopted under the authority of the California Government Code Section 65868 et seq. (“Development Agreement Statute”) and City Council finds that the Development Agreement substantially complies with the requirements of the Development Agreement Statute.
Section 5. The City Council hereby authorizes and directs the Mayor and City Clerk to execute the Development Agreement DA-23-1 on behalf of the City of Buena Park forthwith upon adoption of this Ordinance, substantially in the form attached hereto as Exhibit “A”.
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
Section 6. The City Clerk is hereby directed to record this Ordinance, including the fully executed form of the Development Agreement with the Orange County Recorder no later than ten (10) days following the effective date of this Ordinance.
Section 7. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published in the manner required by law.
PASSED AND ADOPTED this _____ day of _______________ 2024, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_______________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Jimenez, MMC, 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 ____ day of _________________ 2024.
ATTACHMENTS:
Exhibit A – Draft Development Agreement
Exhibit B – Development Plans
EXHIBIT A – Draft Development Agreement
Record At The Request Of And When
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
Recorded Mail To:
Adria M. Jimenez City Clerk
6650 Beach Boulevard
Post Office Box 5009
Buena Park, California 90622
DEVELOPMENT AGREEMENT NO. DA [________]
CONCERNING PROPERTY LOCATED AT 7860 BEACH BOULEVARD
(APN 136-231-35), BUENA PARK, CALIFORNIA
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is dated for reference this 9th day of April, 2024 (“Reference Date”), and is entered into by and between KB ACQUISITIONS, LLC, a Nevada limited liability company (“Developer”), and the CITY OF BUENA PARK, a California municipal corporation ("City").
RECITALS
A. City is the owner of certain real property located at 7860 Beach Boulevard, Buena Park, California (APN 136-231-35), as such real property is legally described in Exhibit “A” hereto (the “Property”).
B. By way of that certain Agreement for the Purchase And Sale of Real Property dated March 26, 2024 (“Purchase Agreement”), City has agreed to sell and Developer has agreed to buy the Property subject to, among other conditions precedent to the closing, Developer applying for and being issued by City all land use and zoning approvals needed to develop and use the Property as a hotel.
C. The Property is governed by the land use and development regulations of the Buena Park Entertainment Corridor Specific Plan (“ECSP”) and the Buena Park Zoning Code (“Zoning Code”), both of which allow a hotel use of the Property provided Developer enters into and City approves a development agreement under authority of California Government Code section 65865 et. seq. (the “Development Agreement Law”).
D. The Development Agreement Law authorizes cities, and any person with a legal or equitable interest in real property, to enter into binding a development agreement that prescribes the permissible uses and development controls for the subject property, and provides private property owners with vested rights to use and develop the subject property in accordance with the land use polices, rules and regulations existing as of the date of the development agreement.
E. Developer has submitted and City has accepted an application for all land use and zoning approvals needed to develop and use the Property for the “Project” defined hereinbelow. In furtherance of their mutual interests and the benefits offered by the Development Agreement Law the Parties desire to enter into this development agreement pursuant to the Development Agreement Law granting Developer the vested right to use and develop the Property for the Project Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
on the terms and conditions specified herein.
F. The City has duly satisfied all procedural and legal prerequisites to entering into this Agreement including:
1) The potential environmental impacts of the Project have been independently reviewed and evaluated by the City pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq ., “ CEQA”), and the City has determined the Project is Categorically Exempt from the provisions of CEQA pursuant to Section 15332 (Class 32 In -fill Exemption) because: the Project is consistent with the applicable general plan and specific plan designation, all applicable policies of those plans, and applicabl e zoning code regulations; the Property is located within City limits and is less than five acres; the Property was previously developed with a hotel and has no value as habitat for endangered, rare or threatened species; and the Project will not result in any significant effects related to traffic, noise, air quality or water quality and the site is already served by all required utilities and public services (“ CEQA Determination”).
2) On February 28, 2024, the Planning Commission for the City of Buena Park conducted the duly noticed public hearing required by Government Code Section 65867 and thereafter adopted Resolution No. DA-23-1 to: (a) approve Developer’s application for a variance excepting the Project from certain development standards of the Zoning Code (“ Variance”); (b) approve a Site Plan Review establishing the location of building(s) and associated improvements comprising the Project (“Site Plan Review”); and (c) recommending the City Council for the City of Buena Park (“City Council”) make the CEQA Determination and approve this Agreement.
(3) On March 26, 2024, the City Council conducted the duly noticed public hearing required by Government Code Section 65867, and after considering all public comment, testimony, evidence, and other matters presented at the hearing adopted Ordinance No. ___ __ making certain findings and approving this Agreement in the manner specified by law.
NOW, THEREFORE, City and Developer (at times herein individually a “ Party” and jointly the “Parties”) agree as follows:
AGREEMENT
1. Definitions. In addition to the terms defined in the Recitals, the capitalized terms and phrases used throughout this Agreement shall have the following meaning:
“Applicable Rules” is defined in Section 6.A.
“City Representative” is defined in Section 8.A
“Deed of Trust” is defined in Section 10.A.
“Effective Date” means the date of the recording of this Agreement in the Official Records Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
of the County of Orange.
“Existing Standards” is defined in Section 6.B.
“Force Majeure” means: Acts of God; unusually severe weather; enemy action; civil disturbances; wars; terrorist acts; insurrection; riots; fire; floods; earthquakes; casualties; a local, state, or federal declaration of emergency based on an epidemic or pa ndemic including any quarantine or other health -related orders, directives, regulations, laws or other requirements implemented in response to such epidemic or pandemic; strikes, walkouts lockouts, and other labor difficulties; regional and enduring breakd own in communication facilities, electrical service, or wireless service; failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body; or mediation, arbitration, litigation, or other administrative or judicial proceeding involving the Existing Standards or this Agreement.
“Lender” is defined in Section 10.A.
“Minor Change” is defined in Section 6.D.
“Permitted Delays” is defined in Section 9.
"Project" means and refers to development of the Property with an approximately 140-room extended stay hotel branded as a Hilton Home2Suites (or an equivalent Upper Midscale brand / chain based on the STR Chain Scales – North America and Caribbean, last up dated February 10, 2018), and all associated amenities, landscaping, and other on and off -site improvements comprising the development that is described in Developer’s plans and specifications on file with City and dated November 17, 2023, and will be spec ifically described in the Project Entitlements and final building permits issued by City.
“Project Entitlements” means and refers cumulatively to the Variance, the Site Plan Review, the CEQA Determination, and this Agreement.
“Purchase Agreement” is defined in Recital B., a true and correct of which is on file with City’s Community Development Department located at 6650 Beach Boulevard, Buena Park, California 90622
“Reserved Powers” means the following specific City police powers statutorily excepted from this Agreement and which are instead reserved to the City, and include the power to enact regulations or take future discretionary actions after the Effective Date that may be in conflict with the Applicable Rules but: (1) pertain to a change in the Permitted Use requested by Developer; (2) are reasonably necessary to protect the public health and safety, and is generally applicable on a Citywide basis; (3) are neces sary to protect persons or property from dangerous or hazardous conditions which create a threat to the public health or safety or create a physical risk, so long as the City Council makes findings after a noticed public hearing that: identifies the dangerous or hazardous conditions requiring such regulations; explains why there are no commercially or economically reasonable alternatives to the regulation; and explains how such Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
changes would alleviate the dangerous or hazardous condition; (4) are construction, engineering and design standards for private and public improvements that are applicable on a Citywide basis; or (5) are required to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date).
“Schedule of Performance” is the outline of time and milestones for developing and opening of the Project that is set forth in Section 5.C of the Purchase Agreement.
“Subsequent Approvals” is defined in Section 6.C.
“Term” is defined in Section 5.
2. Recitals Incorporated. The introductory Recitals are true, correct, and made a material part of this Agreement.
3. Binding Effect of Agreement. As of the Effective Date and continuing for the entire Term, the conditions, terms and provisions of this Agreement are enforceable by the Parties as equitable servitudes affecting the Property, and the whole thereof, constituting covenants running with such Property pursuant to California law including, without limitation, Civil Code Section 1468. Each covenant in this Agreement to act or refrain from acting is for the benefit of or a burden upon the Property, and the whole thereof, run with such Property and shall be binding upon Developer and the successors and assigns of Developer during their respective ownerships of the Property, or any portion thereof. Each and every contract, deed or other instrument executed, covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.
4. Relationship of Parties. Each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement, and for purposes of this Agreement the only relationship between the Parties is that of a government entity regulating the development and use of private property.
5. Term of Agreement. The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect expiring at 12:00 a.m. on the day that is ten (10) years after the Effective Date (“ Term”); unless such Term is extended or earlier terminated in the manner permitted by the Development Agreement Law. Notwithstanding the foregoing, so long as there are no material changes to the Project and Developer is not then in material breach of this Agreement the Term shall automatically renew and extend for one term of five (5) years without notice of demand by either Party.
6. Development and Use of the Property.
A. Applicable Rules. Developer shall have the vested right to develop and use the Property Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
in the manner permitted by this Agreement, the Project Entitlements, and the Existing Standards (“Applicable Rules”); provided that Developer shall obtain any Subsequent Approvals required by governmental entities with jurisdiction over the Property or Project. Subject to City’s exercise of its Reserved Powers, the maximum height and size of the proposed buildings, pa rking requirements, setbacks, development standards, provisions for reservation or dedication of land for public purposes and location of public improvements, and the design, improvement, construction and other guidelines, standards and specifications applicable to the development and use of the Property shall be those set forth in the Project Entitlements. The payment of fees associated with the construction of the Project, including land use appro vals, development fees, building permits, shall be pursuant to those fees in effect as of the Reference Date.
B. Existing Standards. Unless expressly provided otherwise in the Project Entitlements, all substantive and procedural requirements and provisions contained in City’s ordinances, specific plans, rules and regulations, including but not limited to the General Plan, ECSP, Municipal Code, or Zoning Code in effect on the Effective Date shall govern use and development of the Property (“Existing Standards”).
C. Subsequent Approvals. In addition to the Project Entitlements, certain other permits and approvals from City or other governmental agencies with jurisdiction over the Property will be necessary for Developer to construct and operate the Project on the Property including, with out limitation: demolition permits, excavation permits, grading permits, building permits, sewer and water connection permits, utility connections, and/or certificates of occupancy (“ Subsequent Approvals”). The conditions, terms, restri ctions, and requirements associated with any Subsequent Approval shall be consistent with the Existing Standards except as otherwise provided in in the Project Entitlements. City shall in good faith review, consider, and make a final determination on any application from Developer for a Subsequent Approval in a manner that is consistent with the Project Entitlements and the Existing Standards. City shall not unreasonably delay or deny Developer’s application for any Subsequent Approval unless Developer is i n material default of the Project Entitlements.
D. Minor Changes to Project . Upon written application of Developer to City, minor modifications and changes to the Project or Project Entitlements may be approved by the Director of Community Development pursuant to the interdepartmental review process set forth in of Section 19.128100 of the Zoning Code (“Minor Changes”). Minor Changes shall not be deemed to be an amendment to this Agreement under Government Code Section 65868, but any changes or modification to the Project or Project Entitlements other than Minor Changes shall require an amendment to this Agreement pursuant to Government Code Section 65868.
E. Changes in Applicable Rules.
1) Non-Application of Changes in Applicable Rules . The adoption of any subsequent applicable general or specific plan, zoning, subdivision, or building regulation after the Effective Date, or any change in, or addition to, the Applicable Rules that would, absent this Agreement, be applicable to the Prope rty and that conflicts in any way Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
with or is more restrictive than the Applicable Rules shall not be applied to the Property during the Term of this Agreement, unless such changes represent an exercise of the City’s Reserved Powers.
2) Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, the Property and Project shall be subject to changes occurring from time to time in the provisions of the City’s building, fire, seismic, mechanical, plumbing electrical, or similar health and safety regulations which become applicable within the City’s jurisdiction, including, but not limited to, the California Building Code and other similar or related uniform codes.
3) Changes Mandated by Federal or California Law . Changes or additions to the Applicable Rules after the Effective Date shall apply to the Project or Property if and to the extent mandated by applicable California or federal law or regulations to be applied. If either Party believes that such a change o r addition exists, then the applicable Party shall provide the other Party with a copy of such law or regulation and a statement of the nature of the change and any responsive action required.
In the event any s uch changes in law or regulation prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with such changes. In the ev ent that the application to the Project of any of the City’s Reserved Powers, or any change in California or federal law or regulation, materially impact the financial viability of the Project as demonstrated by Developer based upon a showing of substantia l evidence, then City and Developer agree to meet and negotiate potential modifications or revisions to this Agreement provided that any amendment (other than a Minor Change) or cancelation of this Agreement shall require compliance with Government Code Section 65868.
4) Future Discretionary Approvals . City shall not require Developer obtain any approvals or permits for the Project other than those permits or approvals that are required by the Applicable Rules or Reserved Powers. However, any subsequent discretionary approval initiated by Developer that change the uses, intensity, density, or building height, or decreases the lot area, setbacks, yards, parking or other development standards permitted on the Property by the Project Entitlements shall be subject to the rules, regulations, ordinances and official policies of City then in effect.
5) Future Consistent Enactments. City may apply any and all new ordinances, rules, regulations, plans and specifications adopted after the Effective Date to the Property provided such new rules and Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
regulations apply jurisdiction wide and do not conflict with the Existing Standards or Project Entitlements.
F. Timing of Development . With the exception for Permitted Delays, Developer shall commence, pursue with reasonable diligence, and complete construction of the Project in accordance with the Schedule of Performance established by the Purchase Agreement.
Notwithstanding the foregoing, the Parties acknowledge that Developer cannot at this time predict when or the rate at which the Project will be developed. Developer may, in Developer’s sole discretion, build the Project in phases, provided doing so is consiste nt with the Project Entitlements and Purchase Agreement. Decisions about the timing and phasing of construction depend upon numerous factors not all of which are within the control of Developer, such as market orientation and demand, availability of financ ing and competition. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo , 37 Cal.3d 465 (1984), that the failure of the Parties therein to provide for the timing of development permitted a later adopted initiative restricting the timing of development and controlling the Parties’ agreement, Developer and City acknowledge and provide for the right of Developer to develop the Project in an order and at a rate and times as Developer deems appropriate within the exercise of its sole and subjective business judgment, subject to any restrictions that may exist in the Project Entitlements or Purchase Agreement. Developer shall use its best efforts, in accordance with its own business judgment and taking into consideration market conditions and other economic factors influencing its business decision, to promptly commence construction of the Project after the Effective Date and proceed with construction uninterrupted until complete. 1) Expiration. This Agreement and Developer’s vested right to proceed with construction of the Project in accordance with the Applicable Rules shall expire if: (a) construction of the Project is not commenced within six months of the Effective Date; or (b) if building permits expire at any time after issuance and before a final certificate of occupancy is issued for the Project.
2) Extensions. Developer may apply to City for an extension of the deadline to commence or complete construction of the Project prior to expiration of the original deadline. A first -time extension shall be granted by the Director of Community Development if the Directo r finds, in the exercise of reasonable discretion and based upon substantial evidence, that because of Permitted Delays the original deadline is infeasible or would create a hardship on Developer. For any additional extensions, the Planning Commission, or the City Council on appeal, may in the exercise of reasonable discretion grant an extension (or extensions) of such original deadline with each extension not exceeding one year from the original deadline if the Planning Commission, or the City Co uncil on appeal, finds based on a showing of substantial evidence that, due to Permitted Delays, the original deadline is infeasible or would create a hardship, and such extension would not be materially detrimental to the public health, safety, and welfare in light of the facts and circumstances existing at the Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
time.
G. Permitted Use. The uses allowed on the Property, as well as the density and intensity of such uses, the maximum height and size of proposed buildings, and other terms and conditions applicable to the Property shall be those set forth in the Project Entitlements.
H. Architectural Quality . Developer shall develop the Project by means of materials, workmanship and overall design that will result in a product that is in accordance with the approved plans. The building materials, elevations, surfaces, design, and architectural styling of the Project shall be consistent with that of the Applicable Rules.
I. Public Improvements . Public improvements consisting of sidewalk and drive approaches, as set forth in the Project plans and specifications on file with City and dated November 17, 2023, 2024, shall be installed by the Developer as part of the Project. City shall reimburse Developer for all documented costs actually incurred by Developer up to the maximum sum of $200,000.00. Developer shall comply with California labor and prevailing wage laws in completing said public improvements as a condition of reimbursement, and the terms, conditions, and Developer’s receipt of such reimbursement shall be documented in a separate reimbursement agreement entered into by the Parties.
7. Cooperation and Implementation by the Parties . City agrees that it is bound to permit the use, intensity of use and density on the Property that are permitted by the Project Entitlements.
The City hereby agrees that it will not unreasonably delay, withhold or unreasonably condition any future discretionary action or approval which may be issued by City in order for the Project to proceed, provided that Developer reasonably and satisfactorily complies with all preliminary procedures, actions, payments of fe es, and criteria generally required of developers in the City.
City further agrees to cooperate with Developer in Developer’s endeavors to obtain permits and approvals as may be required from other governmental or quasi -governmental agencies having jurisdiction over the Property or portions thereof (such as, for example, without limitation, public utilities or utility districts and agencies having jurisdiction over transportation facilities and air quality issues), so long as the cooperation by City will not require City to incur any cost, liability or expense without adequate indemnity against or right of reimbursement therefor from Developer.
8. Review of Developer’s Compliance.
A. Annual Reviews. City shall conduct annual reviews to determine whether Developer is acting in good faith compliance with the provisions of this Agreement pursuant to Government Code Section 65865.1. The costs and expenses of each annual review conducted during the term of this Agreement shall be borne by the Party incurring the cost.
B. Special Reviews. In addition, the City Council may order a special periodic review of Developer’s compliance with this Agreement at any time if it believes, on basis of substantial evidence, the Developer is in default of this Agreement. The cost Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
of such special reviews shall be borne by City, unless such special review demonstrates that Developer is in default under the provisions of this Agreement after any notice and cure period hereunder. In such cases, Developer shall reimburse the City for al l out of pocket third party costs incurred in conjunction with the special review.
C. Procedure for Review . The City Manager, or his or her designee (“ City Representative”), shall conduct the reviews contemplated by this Section to ascertain whether Developer has reasonably complied in good faith with the material terms and conditions of this Agreement during the period for which the review is conducted. The City Represent ative shall give Developer notice that any such review has been commenced, and shall give Developer at least twenty (20) days after Developer’s receipt of such notice to provide such information as Developer deems reasonably relevant to such review. In add ition, Developer shall furnish such documents or other information as is reasonably requested by the City Representative. During the period of Construction, City must notify Developer of the date and time City would like to enter the construction site. C ity must obtain permission from the Developer and Developer’s contractor to enter the site and must follow all required safety protocol when on the Property. To the extent City fails to abide by any safety protocol while on the Property for any reason, th e City and any Indemnitee unconditionally waive Developer’s duty to indemnify and defend the City and any Indemnitee for any injury, damage, or loss under this or any other agreement.
D. Result of Review.
1) Compliance. Following such a review, the City
Representative shall issue to Developer an executed certificate of compliance covering the period of such review, unless the City finds and determines, on the basis of substantial evidence, that the Developer has not complied in good faith with the terms or conditions of the Agreement.
2) Noncompliance. If, following such a review, City
Representative finds and determines, on the basis of substantial evidence, that Developer has not complied in good faith with the terms and conditions of the Agreement, the City Representative shall provide notice to Developer detailing such non-compliance. Upon receipt of such notice, Developer may commence to cure the stated non -compliance in accordance with the terms of this Agreement. If Developer fails to cure the non-compliance within 120 days after receipt of such written notice (or such longer commercially reasonable period provided that Developer has commenced the cure and diligently pursues such cure) pursuant to the terms of this Agreement, City Representative shall notify the Planning Commission, which may recommend to City Council that the Agreement be terminated pursuant to the terms hereof. Developer shall have the ability to dispute any such claim of non -compliance or failure to cure at a public hearing prior to such termination.
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
3) Effect on Default Procedures. Nothing in this Section shall be interpreted to prevent City from providing Developer with a notice of default hereunder at any time, including any time other than during a periodic review under this Section.
9. Permitted Delays. Neither Party shall be deemed in default and performance shall be excuded, where delays or defaults are caused unavoidably and beyond the reasonable control of the Party seeking the delay by a Force Majeure event (each a “Permitted Delay”). An extension of time for any such cause shall be for the period of the Permitted Delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within sixty (60) days of the commencement of the cause. If notice is sent after such sixty (60) day period, then the extension shall commence to run no sooner than sixty (60) days prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the City Manager and Developer.
Developer’s inability or failure to obtain financing shall not be deemed to be a cause outside the reasonable control of the Developer and shall not be the basis for a Permitted Delay.
10. Rights of Lenders Under this Agreement.
A. Should Developer place or cause to be placed any encumbrance or lien on the Property (“Deed of Trust”), or any part thereof, the City acknowledges the beneficiary ("Lender") of said Deed of Trust shall have the right at any time during the term of this Agreement and the Deed of Trust to:
1) Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer;
2) Realize on the security afforded by the Deed of Trust by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the Deed of Trust;
3) Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a Deed of Trust; and
4) Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a Deed of Trust.
5) Should any Lender require or request an amendment of this Agreement with respect to the rights and remedies granted to a Lender in this Section 10, City hereby agrees to execute and deliver such an amendment so long as the proposed amendment does not materially and adversely affect the rights, powers, and remedies of the City with respect to a default by Developer hereunder.
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
B. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Developer to Lender (if known by City) and afford Lender the opportunity after service of the notice to:
1) Cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money;
2) Cure the breach or default within thirty (30) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or
3) Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within thirty (30) days after said notice, provided that acts to cure the breach or default are commenced within a thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender.
C. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proce edings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless:
1) They are commenced within thirty (30) days after service on Developer of the notice described hereinabove;
2) They are, after having been commenced, diligently pursued in the manner required by law to completion; and
3) Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction or payment.
11. Notices. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto.
To City: City of Buena Park
Buena Park City Hall
ATTN: City Manager
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
6650 Beach Boulevard
Buena Park CA 90622
With Copy To: Christopher G. Cardinale, City Attorney
ALVAREZ-GLASMAN & COLVIN
13181 Crossroads Pwky North – Suite 400
City of Industry, CA 91746
To Developer: C/o Kingsbarn Realty Capital, LLC
1645 Village Center Circle, Suite 200
Las Vegas, NV 89131
ATTN: Anthony Hama
With Copy to: General Counsel
12. Assignment. Developer’s identity, experience, and capacity to complete the Project are important to City, and except as permitted by the Purchase Agreement, prior to issuance of a final certificate of occupancy for the Project Developer shall not assign or transfer t his Agreement or Property, in whole or in part, without the advance written approval of City, which City may grant or deny in the exercise of its sole and independent discretion. Upon and after the issuance of a certificate of occupancy for the Project, De veloper shall have the right to sell, mortgage, hypothecate, assign, or transfer the Site to any person or entity at any time. If this Agreement is then in effect, any such transfer shall be conditioned upon the Developer causing to be executed and deliver ing to the City a fully executed assignment and assumption agreement in a form attached in Exhibit B and shall provide the City with written notice of the effective date of a transfer of any right, title or interest in any portion of the Property within ten (10) days after such effective date. Upon the execution and delivery of the assignment and assumption agreement, Developer shall be released from any prospective liability or obligation under the Agreement with respect to those rights, duties, obligations or interests and real property so transferred. The written assumption by the assignee of all of the obligations of Developer under this Agreement pursuant to any such transfer shall relieve Developer, without any act or concurrence by the City, of its legal duty to perform those obligations except to the extent that Developer is in default with respect to any and all obligations at the time of the proposed transfer.
13. Indemnification. Except as expressly provided in this Agreement, Developer shall, defend, indemnify and hold City and its elected officials, officers, contractors serving as City officials, agents, and employees (“ Indemnitees”) harmless from liability for damage and/or claims for damage for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities under California or federal law for damages caused or alleged to have been caused by reason of Developer's activities in connection with Developer’s exercise and enjoyment of rights arising out of this Agreement, and which may arise from the direct or indirect actions or inactions of Developer or of Developer’s contractors, agents, employees or any other persons acting or failing to act on Developer’s behalf. This defense and indemnity obligation includes payment of attorney’s fees and all costs of litigation. City shall have the right to select counsel of its choice. The parties hereby agree to cooperate in defending such action. City will not voluntarily assist in any such third -party challenge or take any position adverse to the Developer Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
in connection with such third-party challenge.
Notwithstanding the foregoing, Developer shall not be liable for, and shall not indemnify any Indemnitee(s) from any liability for damage and/or claims for damage for personal injuries, including death, and claims for property damage, and liabilities for d amages to the extent caused by the intentional misconduct or gross negligence of such Indemnitee(s).
14. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code § 65868, et seq., or successor provisions thereto.
15. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) by registered or certified mail addressed at the address stated in this Agreement. If such violation is not correc ted to the reasonable satisfaction of City within thirty (30) days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. Before sending a notice of default in accordance with this, the party asserting that the other party has failed to perform or fulfill its obligations under this Agreement shall first attempt to meet and confer with the other Party to discuss the alleged failure and shall permit such Party a reasonable period, but not less than thirty (30) days, to respond to or cure such alleged failure.
A. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions:
1) If a material warranty, representation or statement
is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made;
2) If a finding and determination is made by City
following an annual or special review, upon the basis of substantial evidence, that Developer has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in this Section 15 hereinabove; or
3) A breach by Developer of any of the provisions or
terms of this Agreement, after notice and opportunity to cure as provided in this Section 15 above.
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
B. No Waiver of Remedies. City does not waive any claim of defect in performance b y Developer if on periodic review City does not enforce this Agreement. With the exceptions of Permitted Delays, nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, dif ficult or expensive or because of a failure of any third party or entity, other than City. Subject to the limitations expressly set forth in this Agreement, all remedies at law or in equity which are not otherwise provided for in this Agreement are available to the Parties to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.
C. City Not Liable For Damages. Except for the payment of attorney’s fees in accordance with Section 16.A. this Agreement, City shall not be liable in damages to the Developer, or to any assignee, transferee or any other person, unless caused by any intentional misconduct or gross negligence of City.
Otherwise, the Parties agree that in the event of a breach of this Agreement, each of the Parties hereto may pursue the following: (a) specific performance; (b) suits for declaratory or injunctive relief; (c) suits for mandamus or special writs; or (d) cancellation of this Agreement. The Parties hereby warrant that each enters into this Agreement with the understanding that if the City defaults on its obligations under this Agreement due to an action taken by the electorate of the City in the exercise of the reserved powers of citizen initiative and referendum, this Agreement shall be modified or suspended to the extent required by California Government Code Section 65869.5 and the Developer’s right to seek specific performance, a writ of mand ate, or other mandatory relief shall be limited by such force as the action taken by the electorate may have in light of state law as determined by any court of competent jurisdiction, in which case the Developer’s principal remedy shall lie in reformation of this Agreement.
16. Miscellaneous Terms.
A. Attorneys' Fees. In any court proceedings arising from the enforcement or to interpret this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees and experts’ fees incurred during the proceeding (including appeals) as may be fixed within the sound discretion of the court.
B. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective Parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits.
C. Applicable Law and Venue. This Agreement shall
be construed in accordance with and governed by the laws of the State of California. Venue for any action or litigation brought for breach or to enforce any provision of this Agreement shall be the Superior Court of the County of Orange, California.
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
D. Partial Invalidity. If any provisions of this Agreement is be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by the court.
E. Recordation. This Agreement shall be deposited into the escrow established by the Purchase Agreement within ten (10) business days following adoption of the Ordinance, and as instructed in the Purchase Agreement shall be recorded on the Property at the closing of said escrow as a condition precedent to the closing. Upon the expiration of the terms of this Agree ment, upon the request of the Developer, City will execute and deliver to Developer, in recordable form, an instrument confirming that the provisions of this Agreement have expired.
F. Time of Essence. Time is of the essence in every provision hereof in which time is a factor.
G. Integrated Agreement. This Agreement consists of this Agreement together with all Exhibits attached hereto, and referenced documents, and all of the same are hereby incorporated herein by reference. The provisions of this Agreement shall govern over any inconsistent or conflicting provisions set forth in the Exhibits or incorporated documents, or in any other agreement between the parties. No representation or promise, verbal or written, not expressly set forth herein shall be binding or have any force or effect.
IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Agreement Date set forth hereinabove.
CITY OF BUENA PARK,
a Municipal Corporation
Dated: By:
Mayor
ATTEST:
Adria M. Jimenez, City
Clerk City of Buena Park
Approved as
to form:
City Attorney
[remaining signatures on following page]
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
By:
(Developer)
Dated: By:
Dated: By:
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
Exhibit A
LEGAL DESCRIPTION
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
Exhibit B
FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
RECORDING REQUESTED BY
CITY CLERK
OF THE CITY OF BUENA PARK
(Exempt from Recording Fees
Pursuant to Government Code
Section 27383)
AND WHEN RECORDED MAIL TO:
ASSIGNMENT AND ASSUMPTION AGREEMENT
RELATIVE TO f FOR [___________]
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter, the "Assignment") is entered into this _____ day of _______________, 20__, by and between_______________, a __________________ (" Assignor") and _______________________, a _________________ ("Assignee").
RECITALS
A. _______________________, a _______________ and the City of Buena Park, a California charter city and municipal corporation of the State of California (the " City"), entered into that certain Development Agreement (the " Agreement") dated as of ______, 20__ for reference purposes, with respect to certain real property owned by Assignor, as such property is more particularly described in the Agreement (the " Property"). The Agreement was recorded in the Official Records of the Orange County on ____________ as Document No. _________.
B. The Agreement provides that, subject to the terms and requirements set forth therein, Developer (Assignor) has the right to: (i) transfer all or a portion of the Property, (ii) assign all of its rights, title, interest and obligations under the Agreeme nt to a transferee with respect to the portions of the Property transferred to the transferee, and (iii) upon the execution and delivery of an approved Assignment and Assumption Agreement, to be released from any prospective liability or obligation under t he Agreement with respect to those rights, duties, obligations or interests and real property so Transferred, except as otherwise provided in the Agreement.
C. Assignor intends to convey certain real property as more particularly identified and described on Exhibit A attached hereto (hereafter the "Transferred Property") to Assignee. The Transferred Property is subject to the Agreement.
D. Assignor desires to assign and Assignee desires to assume Assignor's right, title, interest, burdens and obligations under the Agreement with respect to and as related to the Transferred Property, as more particularly described below.
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
ASSIGNMENT AND ASSUMPTION
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows:
1. Defined Terms. Initially capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Agreement.
2. Assignment of Agreement . Assignor hereby assigns to Assignee, effective as of the later of (i) Assignor's conveyance of the Transferred Property to Assignee or (ii) the date on which City receives a copy of the fully executed Assignment and Assumption Agreement, all of the rights, title, interest, burdens and obligations of Assignor under the Agreement with respect to the Transferred Property (the "Assigned and Assumed Obligations"). Assignor retains all the rights, title, interest, burdens and obligat ions under the Agreement with respect to (i) the Transferred Property that are not Assumed and Assigned Obligations and (ii) all other portions of the Project Site owned by Assignor.
3. Assumption of Development Agreement. Assignee hereby assumes, effective as of Assignor's conveyance of the Transferred Property to Assignee, all of the Assigned and Assumed Obligations with respect to the Transferred Property and agrees to observe and fully perform, and to be subject to, a ll of the Assumed and Assigned Obligations. The parties intend that, upon the execution of this Assignment and conveyance of the Transferred Property to Assignee, Assignee shall become the "Owner" under the Agreement with respect to the Transferred Property and the Assigned and Assumed Obligations.
4. Reaffirmation of Indemnifications . Assignee hereby consents to and expressly reaffirms any and all indemnifications of the City set forth in the Agreement, including without limitation Section ___ of the Agreement.
5. Binding on Successors. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
6. Notices. The notice address for Assignee under Section ____ of the Agreement shall be:
_______________________
_______________________
______________________
Attn: _________________
With copy to:
_______________________
_______________________
_______________________
Ordinance No. ____
Development Agreement No. DA-23-1
March 26, 2024
Attn: __________________
7. Counterparts. This Assignment may be executed in as many counterparts as may be deemed necessary and convenient, and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same instrument.
8. Governing Law. This Assignment and the legal relations of the parties hereto shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its principles of conflicts of law.
IN WITNESS HEREOF, the parties hereto have executed this Assignment as of the day and year first above written.
ASSIGNOR:
[insert signature block]
ASSIGNEE:
[insert signature block]
FLOOR PLAN
-
0'-0"
FF ELEV
SCALE: 1/8" = 1'-0" DRAWING SCALE
DETAIL SCALE
DETAIL TITLE
DRAWING TITLE
DRAWING NO.
SHEET NO.
DRAWING NO.
SHEET NO.
WALL NO.
DET/SHT NO.
DRAWING NO.
SHEET NO.
-
WALL TAG
-
1 DOOR NO.
WINDOW NO.
KEYNOTE NO.
SHEET NO.
WALL NO.
REVISION
NO.
CLOUD INDICATING
REVISED PORTION
-
GRID LINE NO.
KEYNOTE NO.
TOP
BOTTOM
1 BUILDING SECTION
REFERENCE
BUILDING WALL
SECTION
REFERENCE
INTERIOR
ELEVATION KEYS
EQUIPMENT OR
FURNISHING
REFERENCE
KEYNOTE
REFERENCE
WINDOW
REFERENCE
DETAIL
REFERENCE
WALL TYPE
REFERENCE
ROOM REFERENCE
INDIVIDUAL
INTERIOR WALL
ELEV. REFERENCE
ROOM
NAME
EXTERIOR
ELEVATION
REFERENCE
DRAWING
NUMBER
ROOM
NUMBER
REVISION
FINISH CODE
NUMBER
FINISH REFERENCE
GRID LINE
REFERENCE
DATUM
REFERENCE
DOOR
REFERENCE
CV
COVER PAGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023, REVISION 2 : 11.13.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
2 11.13.2023OCFA PLAN CHECK COMMENTS 10.26.2023
HOME 2 SUITES, BUENA PARK
7860 BEACH BLVD. BUENA PARK, CALIFORNIA 90620
BASIS OF DESIGN PROJECT DATA SHEET INDEX
VICINITY MAP
BEACH BOULEVARD
SITE
KNOTT AVENUE
VALLEY VIEW STREET
NORTH MAGNOLIA STREET
LA PALMA AVENUELA PALMA AVENUE
ORANGETHORPE AVENUE
ARTESIA BOULEVARD
CA-91
CA-91
INTERSTATE - 5
INTERSTATE - 5
KNOTT'S
BERRY
FARM
KNOTT'S
SOAK
CITY
THE CONTRACTOR SHALL CONFORM TO ALL CODES, ORDINANCES, ETC., WHICH HAVE JURISDICTION OVER THE WORK. THE CONTRACTOR SHALL RETAIN RESPONSIBILITY FOR COMPLIANCE WITH THE LATEST REVISIONS OF ALL OTHER APPLICABLE CODES AND ORDINANCES, INCLUDING THE FOLLOWING:
2015 CITY OF BUENA PARK, MUNICIPAL CODE AS AMENDED (BPMC) 2022 CALIFORNIA BUILDING CODE, TITLE 24 C.C.R.
2022 CALIFORNIA ELECTRICAL CODE, TITLE 24 C.C.R
2022 CALIFORNIA MECHANICAL CODE, TITLE 24 C.C.R
2022 CALIFORNIA PLUMBING CODE, TITLE 24 C.C.R
2022 CALIFORNIA FIRE CODE, TITLE 24 C.C.R
2022 CALIFORNIA ENERGY CODE, TITLE 24 C.C.R
2022 CALIFORNIA GREEN BUILDING STANTDSARD CODE, TITLE 24 C.C.R 2022 CALIFORNIA EXISTING BUILDING CODE, TITLE 24 C.C.R SHEET
NUMBER SHEET TITLE
GENERAL
CV COVER PAGE
CODE ANALYSIS
OWNER
KINGSBARN REALTY CAPITAL, LLC
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
MAIN PHONE: (702) 410.5225
OWNER REPRESENTATIVE
MR. JONAS PAYNE
22260 CORPORATE CIRCLE, SUITE 490
LAS VEGAS, NEVADA 89074
MAIN PHONE: (702) 882.6711
DIRECTOR OF CONSTRUCTION
CONTACT: JONAS PAYNE
EMAIL: [email protected]
ARCHITECT OF RECORD
WESTAR ARCHITECTURAL GROUP/NEVADA INC.
4052 DEAN MARTIN DRIVE
LAS VEGAS, NV 89103
MAIN PHONE: (702) 878.0000 | FAX (702) 878.8430 |
PATRICK KLENK, AIA, LEED AP.
CONTACT: PATRICK KLENCK, PRINCIPAL-IN-CHARGE
EMAIL: [email protected]
CONTACT: CHERYL FELSKE, PROJECT MANAGER
EMAIL: [email protected]
CONSULTING ARCHITECT
G2 - GRIGGS GROUP INC.
1500 NORTHWOOD DRIVE, SUITE 208
HURST, TEXAS 76054-3644
MAIN PHONE: (817) 285.7801
CONTACT: GLENN GRIGGS
EMAIL: [email protected]
CONTRACTOR - COMPETITIVE BID
TBD
INTERIOR DESIGN SERVICES
WESTAR ARCHITECTURAL GROUP/NEVADA INC.
4052 DEAN MARTIN DRIVE
LAS VEGAS, NV 89103
MAIN PHONE: (702) 878.0000 | FAX (702) 878.8430 |
PAUL HERETAKIS, RA
CONTACT: PAUL HERETAKIS
VICE-PRINCIPAL-IN-CHARGE
[email protected]
CONTACT: CHERYL FELSKE, PROJECT MANAGER
EMAIL [email protected]
GEOTECHNICAL ENGINEER - OWNER CONSULTANT
TBD
CIVIL ENGINEER - OWNER CONSULTANT
RA SMITH
8911 RESEARCH DRIVE
IRVINE, CALIFORNIA 92618
MAIN PHONE: (949) 242.8044
CONTACT: ERIC ROBLES P.E., PROJECT MANAGER
EMAIL: [email protected]
CONTACT: CHRIS BRATTY
EMAIL: [email protected]
LANDSCAPE
SLALAND ARCHITECTS
1700 WEST HORIZONTAL RIDGE PARKWAY, SUITE 203
HENDERSON, NEVADA 89012
MAIN PHONE: (702) 597.3108
CONTACT: CASSIE GRIMES
EMAIL: [email protected]
CONTACT: CARYL DAVIES
EMAIL: [email protected]
STRUCTURAL ENGINEER
IMEG
370 WINDMILL LANE, SUITE 100
LAS VEGAS, NEVADA 89123
MAIN PHONE: (702) 896.1100
CONTACT: FRASER SMITH
EMAIL: [email protected]
MECHANICAL/PLUMBING/ELECRICAL ENGINEER
MEP GREEN DESIGN & BUILD, PLLC
19532 HIGHRIDGE WAY
TRABUCCO CANYON, CA 92679
MAIN PHONE: (949) 742.6785
CONTACT: PATRICK LEM, PROJECT MANAGER
EMAIL: [email protected]
CONTACT: MIKE HUYUH
PROJECT MANAGER ASSIST.
EMAIL: [email protected]
GROUP EMAIL: [email protected]
AS1.00 SITE PLAN
AS1.01 SITE DEVELOPMENT PLAN
A0.10 FIRST FLOOR EXITING PLAN
A0.20
THIRD & FIFTH FLOOR
EXITING PLANSA0.30
FOURTH & SIXTH FLOOR
EXITING PLANS
A1.10 1ST LEVEL FLOOR
PLAN & PARKING
A1.20 2ND LEVEL FLOOR PLAN
A1.30 3RD LEVEL FLOOR PLAN
A1.40 4TH LEVEL FLOOR PLAN
A1.50 5TH LEVEL FLOOR PLAN
A1.60 6TH LEVEL FLOOR PLAN
A1.80 KING GUEST ROOMS
A1.90 QUEEN GUEST ROOMS
A2.00 EXTERIOR VIEWS
A2.01 EXTERIOR VIEWS
A2.10 SOUTH & WEST ELEVATIONS
A2.20 NORTH & EAST ELEVATIONS
A3.10 BUILDING SECTIONS
ARCHITECTURAL
1 2
3 4
5 TITLE SHEET
EXISTING CONDITION
PRELIMINARY GRADING PLAN
SITE CROSS SECTIONS
PRELIMINARY UTILITY PLAN
LANDSCAPE
L.01 PLANTING PLAN
L.02 PLANTING IMAGES
A0.40
A2.30 GARAGE SCREEN
INSPIRATION
CIVIL
SECOND FLOOR EXITING PLAN
A1.70 ROOF PLAN
DESIGN TEAM / CONSULTANTS
PROJECT NAME: HOME 2 SUITES - BUENA PARK, CALIFORNIA
PROJECT DESCRIPTION: NEW CONSTRUCTION OF A 6-STORY HOME 2 SUITES HOTEL WITH DINING AREA, MEETING AREA, LAUNDRY, FITNESS ROOM, SWIMMING POOL AND GUESTROOMS.
PROJECT ADDRESS: 7860 BEACH BLVD
BUENA PARK, CALIFORNIA 90620
PARCEL APN: 136-231-35
SITE ACREAGE: 1.45 ACRES [64,170 SF]
SIDEWALK
DEDICATION: 18ED '-0” OF FRONT YARD ALONG BEACH BLVD
LOT COVERAGE: 34.6 PERCENT (LARGEST FLOOR AREA 22,198 SF/LOT AREA OF 64,170 SF) LANDSCAPE AREA: 15.3 PERCENT (LANDSCAPE AREA 9,812 SF/LOT AREA OF 64,170 SF) EXISTING USE: VACANT LAND
PROPOSED USE: HOTEL & PARKING
ZONING; ECSP; ENTERTAINMENT CORRIDOR SPECIFIC PLAN)
JURISDICTION: CITY OF BUENA PARK, CALIFORNIA
OCCUPANCY
GROUP: A-2 MEETING ROOMS, GROUP EATING AREAS
A-3 FITNESS, SWIMMING POOL DECK
F-1 LAUNDRY
R-1 HOTEL
S-2 OPEN PARKING GARAGE, STORAGE
NUMBER OF STORIES:
TOTAL OF 6 STORIES COMPRISED OF -
STORY 1 (PODIUM, TYPE I-A) - GRADE LEVEL PARKING, LOWER LOBBY, FITNESS ROOM, EQUIPMENT ROOMS STORY 2 (TYPE III-A)- UPPER LOBBY, DINING, POOL, LAUNDRY, GUEST ROOMS STORY 3 TO 6 (TYPE III-A) - GUEST ROOMS
PROPOSED BUILDING
HEIGHT: 74'-7” TOP OF PARAPET
71'-1” (FROM GRADE PLANE TO AVERAGE ROOF SURFACE OF THE BUILDING) 80'-9”(FRONT TOWER - FROM GRADE PLANE TO TOP OF ROOF)
82'-0”(ROOF POP-OUTS - FROM GRADE PLANE TO TOP OF ROOF) ALLOWABLE: BUILDING HEIGHT:
BUENA PARK ORDINANCE - 67.5 FEET REAR ADJACENCY/112 FEET FRONT HORIZONTAL DISTANCE (WITH
CONDITIONAL USE PERMIT)
CBC TABLE 504.3 - 85.0 FEET
BUILDING STORIES:
BUENA PARK ORDINANCE - 4 STORIES/45 FEET OR MORE WITH CONDITIONAL USE PERMIT CBC TABLE 504.4 - 1 STORY PODIUM WITH 5 STORIES ABOVE
BUILDING AREA:
BUENA PARK ORDINANCE - UNDEFINED
CBC TABLE 506.2 - BLDG 1-GARAGE - UNLIMITED SQUARE FEET BLDG 2 - HOTEL - 84,000 SQUARE FEET
PROPOSED: BUILDING HEIGHT -
74'-7” (FINISHED GRADE TO TOP PARAPET)
71'-1” (FROM GRADE PLANE TO AVERAGE ROOF SURFACE OF THE BUILDING) BUILDING STORIES - 6 TOTAL (1 - STORY PODIUM, 1 - MIXED USE, 4 - RESIDENTIAL) BUILDING AREA - BLDG 1 - GARAGE: 20,553 SQUARE FEET
BLDG 2 - HOTEL: 79,453 SQUARE FEET
TOTAL 100,006 SQUARE FEET
TYPE OF CONSTRUCTION:
TYPE I-A - 1 ST LEVEL (PODIUM) FOR LOBBY/EQUIPMENT/ OPEN PARKING TYPE III-A - 2 ND THOUGH 6TH LEVEL FOR HOTEL
FIRE RESISTIVE
RATINGS: FIRE RESISTIVE RATING REQUIREMENTS FOR BUILDING ELEMENT
TYPE IA TYPE III-A
BUILDING ELEMENT REQUIRED REQUIRED
STRUCTURAL FRAME 3 1
BEARING WALLS
EXTERIOR 3 2
INTERIOR 3 1
NON-BEARING WALLS AND PARTITIONS
EXTERIOR 0 0
INTERIOR 0 1
FLOOR CONSTRUCTION 2 1
ROOF CONSTRUCTION 1-1/2 1
FIRE SPRINKLER: HOTEL - FIRE SPRINKLERED THROUGHOUT
OPEN PARKING AREA UNDER PODIUM - FIRE SPRINKLERED THROUGHOUT FIRE ALARM: FIRE ALARM ALL OCCUPIED AREAS
PARKING CALCULATIONS:
PARKING SPACE DEMAND: 181 SPACES PER
BASED ON INFORMATION EXTRAPOLATED FROM
STRAFORD HOTEL TRAFFIC STUDY, 02.18.2016 AND
TABLE 19.536.040 - 1 SPACE PER GUEST ROOM
REDUCTIONS:
HOTEL AMENITIES - NON-PUBLIC USE: - 41 SPACES
SHARED ANALYSIS - PEAK USE: - 19 SPACES
TOTAL REQUIRED: 121 SPACES
PARING SPACE PROVIDED: 120 SPACES
STND ADA COMPACT TOTAL
GRADE LEVEL PARKING
- GRADE LEVEL 67 0 0 67
- GRADE LEVEL BELOW PODIUM 10 5 39 54
TOTAL GRADE LEVEL PARKING 77 5 39 121
ACCESSIBLE PARKING PROVIDED 5 (4-STANDARD / 1-VAN)
LOADING SPACE: 1
SEE AS1.01
ALTA SURVEY, SHEET-1
ALTA SURVEY, SHEET-2
1 2
A0.01
FIRE LANE PLANA0.02
BUILDING SETBACK DIAGRAMS
& CODE ANALYSIS
SYMBOLS & LEGEND
SEE SHEET A0.01
A0.03 BUILDING SETBACK
SECTION DIAGRAMS
DATE: 09.22.2023
REVISION 1
DATE: 11.13.2023, REV 2 OCFA
PL CHK COMMENTS 10.26.2023
DATE: 09.22.2023
REVISION 1
DATE: 11.13.2023, REV 2 OCFA
PL CHK COMMENTS 10.26.2023
SHEET
NUMBER SHEET TITLE
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●
1 1
NOTES: REMOVE AND REPLACE ALL PREVIOUS PRINTS UPON
RECEIPT OF REVISED DRAWINGS. REPLACED DRAWINGS WITH
RED LINES OR COMMENTS SHALL BE SAVED FOR RECORDS.
NEW OR REVISED
RE-ISSUED WITH NO CHANGES
DELETED DRAWING
●○○X
○
○○
○○○○○
○○○
○○○○○○○○
○○○○○
DA-23-1
RECEIVED
NOV 17 2023
PLANNING DIV
0.00 1ST LEVEL
A B C D
+ 15'-0"
2ND LEVEL (PODIUM)
+ 58'-6"
6TH LEVEL
PROPERTY LN
PROPERTY LN
TYPE IA
BLDG. 1
TYPE IIIA
BLDG. 2
+ 13'-6"
CLEAR HT.
- 0'-6"
DRIVEWAY
+ 71'-1"
AVG. ROOF
+ 74'-7"
TOP PARAPET
+ 82'-0"
BUILDING HEIGHT
10'-2"
14'-0"
HORIZONTAL BUILDING
SEPARATION
HIGHEST LEVEL
OCCUPIED FLOOR
ABOVE GRADE PLANE
DROP-OFF
BEACH BOULEVARD
MODULAR
WETLAND
PODIUM PARKING
54 SPACES
=
K-394-4 DEVONSHIREFAUCETS BRASS
K-394-4 DEVONSHIREFAUCETS BRASS
DN
UP DN
UP
DN
DN
1 2 3 4 5 6 7 8 9
11 12 13
A
B
C
D
10 57'-10" 72'-0" 10'-2"
38'-4" 13'-6" 77'-11"
51'-10" 78'-0"
57'-10" 72'-0" 55'-2"
55'-8" 289'-3" 67'-3"
1 A0.03
2 A0.03
DROP-OFF
6-STORY HOTEL
==
DN UP
DNUP
1 2 3 4 5 6 7 8 9
11 12 13
A
B
C
D
10 57'-10" 72'-0" 10'-2"
38'-4" 13'-6" 78'-0"
51'-8" 78'-0"
57'-10" 72'-0" 55'-2"
108'-5" 236'-7" 67'-3"
104'-10"
DROP-OFF
6-STORY HOTEL
==
DN UP
DNUP
1 2 3 4 5 6 7 8 9
11 12 13
A
B
C
D
10 57'-10" 72'-0" 10'-2"
38'-2" 13'-9" 77'-8"
51'-11" 78'-0"
57'-10" 72'-0" 55'-2"
108'-5" 236'-6" 67'-3"
104'-10"
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023, REVISION 2 : 11.13.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
2 11.13.2023OCFA PLAN CHECK COMMENTS 10.26.2023
A0.01
BUILDING SETBACK
DIAGRAMS AND
CODE ANALYSIS
SCALE:
NORTH
1/32" = 1'-0"
SCALE: 1/32" = 1'-0"
SCALE: 1/32" = 1'-0"
SCALE: 1/16" = 1'-0"
CODE ANALYSIS
1 1
1 1. MAIN OCCUPANCY CLASSIFICATION: [CBC, CHAPTER 3]
MAIN OCCUPANCY - BUILDING 1: S-2- OPEN PARKING GARAGE, STORAGE MAIN OCCUPANCY - BUILDING 2: R-1 - HOTEL
SUB-OCCUPANCY WITHIN THE BUILDING
GROUP A-2 - ASSEMBLY-LOBBY, MEETING ROOMS, EATERY (CBC 303.3) GROUP A-3 - ASSEMBLY-FITNESS, POOL DECK (CBC 303.4)
GROUP B - BUSINESS (CBC 304.1)
GROUP F-1 - LAUNDRY (CBC 306.2)
GROUP R-1 - HOTEL (CBC 310.2)
GROUP S-2 - OPEN PARKING GARAGE, STORAGE (CBC 311.3)
2. APPLICABLE SPECIAL REQUIREMENTS: [CBC, CHAPTER 4]
MOTOR-VEHICLE-RELATED OCCUPANCIES: (CBC 406.1)
GROUP R-1 OCCUPANCY: (CBC 420)
3. BUILDING HEIGHTS & STORIES: [CBC, CHAPTER 5]
SPECIAL PROVISIONS PER CBC 504.1.2 APPLY PER SECTION 510.
ALLOWABLE BUILDING HEIGHT AND STORIES: (CBC 504.3 AND 504.4) A-2/A-3 B F-1 R-1 S-2
TYPE OF CONSTRUCTION III-A III-A III-A III-A I-A
ALLOWABLE HEIGHT * 85 F 85 FT 85 FT 85 FT UL
[T:504.3]
ALLOWABLE STORIES * 4 6 4 5 UL
[T:504.4]
ALLOWABLE AREA 42000 SF 85000 SF 57000 SF 72000 SF UL SF *S, (WITHOUT AREA INCREASE)
PROPOSED OVERALL BUILDING HEIGHT:
BLDG 1 - OPEN PARKING GARAGE - 5'-0”
BLDG 2 - HOTEL - 67'-0”
TOTAL BUILDING HEIGHT: BLDG 1 & BLDG 2 = 82'-0”
PROPOSED STORIES:
BLDG 1 - OPEN PARKING GARAGE - ONE (1) (MODIFIED-CBC 510.2) BLDG 2 - HOTEL - FIVE (5) (MODIFIED-CBC 510 4)
TOTAL STORIES - BLDG 1 & BLDG 2 = SIX (6)
ROOF TOP STRUCTURES: COMPLY WITH CBC 504.3 EXCEPTION AND CBC 1510.2.4.
4. BUILDING AREA:
BUILDING 1: OPEN PARKING GARAGE & JUMP LOBBY
LEVEL 1 - UNLIMITED - ACCESSORY USES
GARAGE AND STORAGE OCCUPANCY: S-2
JUMP LOBBY OCCUPANCY: A-3. B. F-1
ACTUAL SQUARE FOOTAGE: 20,552.69
ALLOWABLE SQUARE FOOTAGE: UNLIMITED
BUILDING 2: HOTEL
LEVEL 2 - PODIUM MIXED-OCCUPANCY: A-2; A-3; F-1; B; R-1 - NON-SEPARATED USES LEVEL 3 - HOTEL OCCUPANCY: R-1 - ACCESSORY USES
LEVEL 4 - HOTEL OCCUPANCY: R-1 - ACCESSORY USES
LEVEL 5 - HOTEL OCCUPANCY: R-1 - ACCESSORY USES
LEVEL 6 - HOTEL OCCUPANCY: R-1 - ACCESSORY USES
ACTUAL SQUARE FOOTAGE TABULATION
A B F-1 R-1 FLOOR PLATE
LEVEL 2 PODIUM 9015 1710 6095 6095 22,915
LEVEL 3 - HOTEL 14,175 14,175
LEVEL 4 - HOTEL 14,094 14,094
LEVEL 5 - HOTEL 14,175 14,175
LEVEL 6 - HOTEL 14,094 14,094
TOTAL 9015 1710 6095 62,633 79,453
MIXED-OCUUPANCY BUILDING (CBC 506.2.2)
*BASED ON SECTION 506.2.2 -EQUATION 5-3, THE RATIO OF ACTUAL TOTAL BUILDING AREA SHALL BE SUCH THAT
THE AGGREGATE SUM OF THE RATIOS OF THE ACTUAL AREA OF EACH STORY DIVIDED BY THE ALLOWABLE AREA OF SUCH STORIES, DETERMINED IN ACCORDANCE WITH EQUATION 5-3 BASED ON THE APPLICABLE PROVISIONS OF SECTION 508.1, SHALL NOT EXCEED THREE, PROVIDED THE AGGREGATE SUM OF
THE RATIOS FOR PORTIONS OF MIXED-OCCUPANCY, MULTISTORY BUILDINGS CONTAINING A, E, H, I, L AND R OCCUPANCIES, HIGH-RISE BUILDINGS, AND OTHER APPLICATIONS LISTED IN SECTION 1.11 REGULATED BY THE
OFFICE OF THE STATE FIRE MARSHAL, INCLUDING ANY OTHER ASSOCIATED NON-SEPARATED OCCUPANCIES, SHALL NOT EXCEED TWO.
MIXED-OCCUPANCY - EQUATION 5-3 (CBC 506.2.2)
FORMULA: AA = { AT + (NS X LF)]
A B F-1 R-1
TOTAL
ACTUAL LEVEL 2 PODIUM 9015 1710 6095 6095
22,915
AT ALLOWABLE PER TABLE 506.2- 42,000 85,500 57,000 72,000 NS PER TABLE 506.2 14,000 28,500 19,000 NP
L PER TABLE 506.3.3 0 0 0
NS X LF 0 0 0
A AT + (NS X LF) 42,000 85,500 57,000 72,000
RATIO: ACTUAL / ALLOWABLE .21 .02 .10 .08
.41 < 1
ALLOWABLE -
MOST RESTRICTIVE 42,000
LEVEL 2 - PODIUM
MIXED-OCCUPANCY - CALCULATION BUILDING AREA (CBC 506.2.2) BASED ON SECTION 508.3.2 - NON-SEPARATED USES
ACTUAL ALLOWABLE RATIO PER STORY:
LEVEL 2 PODIUM 22,915 42,000 .54
LEVEL 3 - HOTEL 14,175 42,000 .33
LEVEL 4 - HOTEL 14,094 42,000 .33
LEVEL 5 - HOTEL 14,175 42,000 .33
LEVEL 6 - HOTEL 14,094 42,000 .33
TOTAL 79,453 1.86
508.3.2 42,000 X 2 1.86 < 2 *
ALLOWABLE - MAX 84,000
BUILDING RATIO: 79453 / 84000 = .94 < 1
SPECIAL PROVISIONS PER CBC 504.1.2 THE FOLLOWING APPLY - HORIZONTAL BUILDING SEPARATION ALLOWANCE (CBC 510.2)
TYPE OF CONSTRUCTION:
BLDG 1 - OPEN PARKING GARAGE PODIUM: TYPE-IA - [S-2 / 1-STORY] BLDG 2 - HOTEL TYPE-IIIA- [R-1 / 5 STORIES]
PARKING BENEATH GROUP R (CBC 510.04)
TYPE OF CONSTRUCTION BELOW GROUP R: TYPE 1A
NUMBER OF STORIES ALLOWED PER TABLE 504.4 IS MEASURED ABOVE THE PARKING PODIUM.
4. TYPE OF CONSTRUCTION: [CBC, CHAPTER 6]
BLDG 1 - OPEN PARKING GARAGE PODIUM: TYPE - IA
BLDG 2 - HOTEL TYPE - IIIA
FIRE RESISTANCE RATING ANALYSIS [CBC, CHAPTER 6 - TABLE 601 ]
TYPE IA TYPE III-A
BUILDING ELEMENT REQUIRED REQUIRED
STRUCTURAL FRAME 3 1
BEARING WALLS
EXTERIOR 3 2
INTERIOR 3 1
NON-BEARING WALLS AND PARTITIONS
EXTERIOR 0 0
INTERIOR 0 1
FLOOR CONSTRUCTION 2 1
ROOF CONSTRUCTION 1-1/2 1
5. FIRE AND SMOKE PROTECTION FEATURES [CBC, CHAPTER 7]
REQUIRED FIRE RESISTANCE OF EXTERIOR WALLS DUE TO LOCATION ON PROPERTY [CBC, CHAPTER 7 - TABLE 705.5 ]
EXTERIOR WALL BASED ON FIRE SEPARATION DISTANCE:
FIRE SEPARATION DISTANCE = X FEET
TYPE OF HOURLY RATING REQUIRED:
CONSTRUCTION OCCUP: F-1 OCCUP: A, B, R, S-2
0 < X < 5 ALL 2 1
5 ≤ X < 10 IA 2 1
5 ≤ X < 10 OTHERS 1 1
10 ≤ X < 30 IA 1 1C
10 ≤ X < 30 OTHERS 1 1
X ≥ 30 ALL 0 0
C. OPEN PARKING GARAGES COMPLYING WITH SECTION 406 SHALL NOT BE REQUIRED TO HAVE A FIRE-RESISTANCE RATING.
FIRE PROTECTION: [GROUP A-2 & B-2 - REQUIRED ], [CBC) FULLY SPRINKLERED: YES HOTEL SPRINKLED THROUGHOUT [NFPA-13]
OPEN PARKING GARAGE -
SPRINKLED THROUGHOUT [NFPA-13]
FIRE ALARM SYSTEM: YES AUTOMATIC FIRE ALARM THROUGHOUT
6. INTERIOR FINISHES :
7. MEANS OF EGRESS: SEE DRAWINGS A0.10 THROUGH A0.40
UP
UP UP
UP
DROP-OFF
BEACH BOULEVARD
MODULAR
WETLAND
6-STORY HOTEL
1 2 3 4 5 6 7 8 9
11 12 13
A
B
C
D
10 PODIUM PARKING
54 SPACES
(OPEN GARAGE)
57'-4" 72'-8" 10'-2"
57'-8"
68'-2"
55'-11"
289'-10" 55'-9"
71'-11"
27'-11"
R= 20'-0"
R= 40'-0"
R= 20'-0"
R= 40'-0"
R= 20'-0"
R= 40'-0"
38'-4"
TO CANOPY ABOVE
91'-2"
3'-6" 17'-0" 20'-0"
FIRE LANE
16'-10"
10'-0"
51'-10"
TO BUILDING
PROJECTION LVL 2
20'-6" 20'-0"
FIRELANE
17'-4"R= 40'-0"
R= 20'-0"
72'-0" 10'-2"
10'-0"150'-0" FIREHOSE PULL150'-0" FIREHOSE PULL
150'-0" FIREHOSE PULL
10'-0"
BLDG LN.
ABOVE
CANOPY
LN. ABOVE
BLDG LN.
ABOVE
7'-11" 19'-0"
19'-0" 5'-2"
10'-3"
SET
BACK
17'-0" 10'-7"
FIRE LANE
SITE
ENTRY
TDA
******** **
CLEAN AIR/
VANPOOL EV
TDA
TRACTOR
DRAWN AERIAL
1 A0.03
25'-4" 25'-0"
14'-5" 11'-5"
16'-8" 8'-4"
25'-0"
8'-4" 11'-8" 6'-8"
FIRE
HYDRANT
FIRE
HYDRANT
FIRE
HYDRANT
20'-0"
FIRELANE
STAGE
AREA 1
2 A0.03
17'-0" 25'-0"
20'-0"
FIRE LANE
22'-5" *
STAIRWELL
ACCESS TO ROOF
STAIRWELL
ACCESS TO ROOF
8'-4" 5'-3"
55'-5"
SEE
SECTION
DIAGRAM
2/ A0.03
SEE SECTION
DIAGRAM 1/ A0.03
* OFCA GUIDELINES B.01 LENGTH
OF DEFICIENCY, SEE RFAM
8'-5"
11'-7"
20'-10"
74'-8"
STAGE
AREA 2
SEE SECTION
DIAGRAM 2/ A0.03
29'-2"
40'-0"
12'-0" 14'-2"
26'-2"
20'-0"
FIRELANE
27'-5"
31'-6"
70'-0" 14'-2"
45'-0"
8'-6"
EV EV EV EV EV
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023, REVISION 2 : 11.13.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 906201 09.22.2023
2 11.13.2023OCFA PLAN CHECK COMMENTS 10.26.2023
A0.02
FIRE LANE PLAN
SCALE:
NORTH
1/16" = 1'-0"
1 1
1 1
1 LEGEND
X X X
ACCESSIBLE PATH OF TRAVEL
EXISTING CHAINLINK FENCE (ECLF)
CHAINLINK FENCE
PROPERTY LINE
EASEMENT LINE
FIRE LANE
DEAD-END FIRE LANE
(E) BLOCK WALL
BLOCK WALL
(E) BUILDINGS
MAIN DRIVEWAY & ROUND-ABOUT
(FIELD AREA) CONC AGGREGATE
BAND
MAIN DRIVEWAY (BORDER
AREA) CONC AGGREGATE BAND
ROUND-ABOUT (BORDER AREA)
CONC AGGREGATE BAND
ASPHALT PAVEMENT/ FIRE LANE
STAMPED CONC WALKWAY
COMPACT
EV CHARGING SPACE
CLEAN AIR VANPOOL/ EV
O O O
C
EV
=
1 0.00
1ST LEVEL
15'-0" 12'-0" 10'-6" 10'-6" 12'-7"10'-6"
+ 15'-0"
2ND LEVEL (PODIUM)
+ 37'-6"
4TH LEVEL
+ 48'-0"
5TH LEVEL
+ 27'-0"
3RD LEVEL
+ 58'-6"
6TH LEVEL
+ 71'-1"
T.O.R.
+ 74'-7"
T.O.P.
+ 82'-0"
T.O.R.
PROPERTY LN
PROPERTY LN
10'-11"
PROPERTY LN
A B C D
65°
77'-4 3/8"
37'-7 1/4"
58'-6" 23'-6"
82'-0"
+ 15'-0"
2ND LEVEL (PODIUM)
+ 37'-6"
4TH LEVEL
+ 48'-0"
5TH LEVEL
+ 27'-0"
3RD LEVEL
+ 58'-6"
6TH LEVEL
+ 71'-1"
T.O.R.
+ 74'-7"
T.O.P.
0.00 1ST LEVEL
+ 80'-9"
T.O.R.
15'-0" 12'-0" 10'-6" 10'-6"
80'-9"
12'-7"10'-6" 3'-6" 6'-2"
58'-6" 23'-6"
PROPERTY LN
9 10 11 12 13
34'-11"
78'-2 3/8"
67°
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023, REVISION 2 : 11.13.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
2 11.13.2023OCFA PLAN CHECK COMMENTS 10.26.2023
A0.03
BUILDING SETBACK
SECTION DIAGRAMS
SCALE: 1/16" = 1'-0"
SCALE: 1/16" = 1'-0"
NOTE:
NON-HIGH RISE STATUS:
THE HIGHEST OCCUPIED FLOOR IS 58'-6" ABOVE LOWEST LEVEL GRADE PLANE AND IS BELOW THE THRESHOLD OF 75 FEET ABOVE LOWEST LEVEL GRADE PLANE CBC CHAPTER 2 - DEFINITION FOR HIGH-RISE BUILDING.
RESCUE OPENINGS AND LADDER PADS:
PER E-04 - DEFINITION OF RESCUE OPENINGS NOTES THAT THEY ARE REQUIRED IN 'CERTAIN' R-2 OCCUPANCIES. (PAGE 10)
PER E-04 - R OCCUPANCIES - RESCUE OPENINGS ARE NOTED AS REQUIRED UNDER THE HEADING FOR R-4 OCCUPANCIES (ITEM H. 5) C.). THEY ARE NOT NOTED AS BEING REQUIRED FOR R-1 OCCUPANCIES. (PAGE 50/51)
PER B-01 - 6.4 - RESCUE OPENINGS - GROUP R OCCUPANCIES THAT ARE REQUIRED BY CBC 1031.1
TO HAVE RESCUE OPENINGS SHALL HAVE A WALKABLE PATH FREE OF OBSTRUCTIONS BETWEEN THE FIRE LANE AND EACH RESCUE OPENING. LADDERING PADS ARE REQUIRED WHERE RESCUE OPENINGS ARE REQUIRED. (B-01, 6.5).
PER CBC 1031.2 - EXCEPTION 1. IN GROUP R-1 AND R-2 OCCUPANCIES CONSTRUCTED OF TYPE I,
TYPE IIA, TYPE IIIA OR TYPE IV CONSTRUCTION EQUIPPED THROUGHOUT WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM IN ACCORDANCE WITH SECTION 903.3.1.1.
THIS PROJECT IS EXEMPT FROM PROVIDING RESCUE OPENINGS AND LADDER PADS FOR RESCUE OPENINGS, PER CBC 1031.2 - EXCEPTION 1.
1 1
UP
UP UP
UP
ENTRANCE
LOBBY
100
STAIR 3
FIRE
PUMP
104
ELEC'L RM.
102
POOL
EQUIPMENT
107
POOL
MECHNICAL
106
STORAGE
105
WATER
HEATER
103
PBX RM.
101
STR 1
STR 2
136 215
0.20 43
STAIR 2
173 210
0.20 42
STAIR 3
226 226
0.20 45
STAIR 1 89
114
166
55 21362
1141111
3 1
1 1
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023, REVISION 2 : 11.13.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
2 11.13.2023OCFA PLAN CHECK COMMENTS 10.26.2023
SCALE:
NORTH
1/16" = 1'-0"
A0.10
FIRST FLOOR
EXITING PLAN
EGRESS GENERAL NOTES
1. EXIT SIGNS SHALL BE INTERNALLY OR EXTERNALLY
ILLUMINATED
2. EXIT SIGNS ILLUMINATED BY AN EXTERNAL SOURCE
SHALL HAVE AN INTENSITY OF NOT LESS THAN
5-FOOT CANDLES
3. INTERNALLY ILLUMINATED SIGNS SHALL BE LISTED
AND LABELED AND SHALL BE INSTALLED IN
ACCORDANCE WITH THE MANUFACTURER'S
INSTRUCTIONS AND SECTION 2702
4. EXIT SIGNS SHALL BE ILLUMINATED AT ALL TIMES
5. EXIT SIGNS SHALL BE CONNECTED TO EMERGENCY
POWER SYSTEMS THAT WILL PROVIDE AN
ILLUMINATION OF NOT LESS THAN 90 MIN IN CASE OF
PRIMARY POWER LOSS (1011.2-1011.6.3)
6. EGRESS DOORS SHALL BE READILY ENABLED FROM
THE EGRESS SIDE WITHOUT THE USE OF A KEY OR
SPECIAL KNOWLEDGE OR EFFORT. SEE 1008.1.9 FOR
EXCEPTIONS
7. DOOR HANDLES, LOCK AND OTHER OPERATING
DEVICES SHALL BE INSTALLED AT A MIN 34” AND A
MAX 48” ABOVE THE FINISHED FLOOR
8. ALL EGRESS DOOR OPERATION SHALL ALSO COMPLY
WITH SECTION 1008.1.-1008.9.1.2
9. THE MEANS OF EGRESS, INCLUDING THE EXIT
DISCHARGE, SHALL BE ILLUMINATED AT ALL TIMES
THE BUILDING SPACE SERVED BY THE MEANS OF
EGRESS IS OCCUPIED
10.THE MEANS OF EGRESS ILLUMINATION LEVEL SHALL
BE LESS THAN 1 FOOT-CANDLE AT THE WALKING
SURFACE
11.THE POWER SUPPLY FOR MEANS OF EGRESS
ILLUMINATION SHALL NORMALLY BE PROVIDED BY
THE PREMISES ELECTRICAL SUPPLY. IN THE EVENT
OF POWER SUPPLY FAILURE, AN EMERGENCY
ELECTRICAL SYSTEM SHALL AUTOMATICALLY
ILLUMINATE THE FOLLOWING AREAS:
a. AISLES AND UNENCLOSED EGRESS
STAIRWAYS IN ROOMS AND SPACES THAT
REQUIRE TWO OR MORE MEANS OF EGRESS
E. CORRIDORS, EXIT ENCLOSURES AND EXIT
PASSAGEWAYS IN BUILDINGS REQUIRED TO
HAVE TWO OR MORE EXITS
F. EXTERIOR COMPONENTS AT OTHER THAN
THE LEVEL OF EXIT DISCHARGE UNTIL EXIT
DISCHARGE IS ACCOMPLISHED FOR
BUILDINGS REQUIRED TO HAVE TWO OR
MORE EXITS
G. INTERIOR EXIT DISCHARGE ELEMENTS AS
PERMITTED IN SECTION 1024.1 IN BUILDINGS
REQUIRED TO HAVE TWO OR MORE EXITS
e. EXTERIOR LANDINGS, AS REQUIRED BY
SECTION 1008.1.5 FOR EXIT DISCHARGE
DOORWAYS IN BODINGS REQUIRED TO HAVE
TWO OR MORE EXITS
12.THE EMERGENCY POWER SYSTEM SHALL PROVIDE
POWER DURATION OF NOT LESS THAN 90 MINUTES
AND SHALL CONSIST OF STORAGE BATTERIES, UNIT
EQUIPMENT OR AN ON-SITE GENERATOR. THE
INSTALLATION OF THE EMERGENCY POWER SYSTEM
SHALL BE IN ACCORDANCE WITH CHAPTER 27
13.EMERGENCY LIGHTING FACILITIES SHALL BE
ARRANGED TO PROVIDE INITIAL ILLUMINATION THAT
IS AT LEAST AN AVERAGE OF 1 FOOT-CANDLE
AVERAGE AND A MINIMUM AT ANY POINT OF 0.1
FOOT-CANDLE. ILLUMINATION LEVELS SHALL BE
PERMITTED TO DECLINE TO 0.6 FOOT-CANDLE
AVERAGE AND A MINIMUM AT ANY POINT OF 0.16
FOOT-CANDLE AT EH END OF THE EMERGENCY
LIGHTING TIME DURATION. A MAXIMUM-TO-MINIMUM
ILLUMINATION UNIFORMITY RATIO OF 40 TO 1 SHALL
NOT BE EXCEEDED
14.THE EXIT SIGNS SHALL ALSO BE CONNECTED TO AN
EMERGENCY ELECTRICAL SYSTEM PROVIDED FROM
STORAGE BATTERIES UNIT EQUIPMENT OR AN
ON-SITE GENERATOR SET AND THE SYSTEM SHALL
BE INSTALLED IN ACCORDANCE WITH ELECTRICAL
CODE.
15.THIS BUILDING AND GARAGE PODIUM MUST BE
EQUIPPED WITH AN AUTOMATIC FIRE EXTINGUISHING
SYSTEM COMPLYING WITH NFPA-13; THE SPRINKLER
SYSTEM SHALL BE APPROVED BY PLUMBING DIVISION
PRIOR TO INSTALLATION (903.2.8)J
16.PROVIDE FIRE EXTINGUISHER AS REQUIRE BY FIRE
INSPECTOR
17.FIRE EXTINGUISHER MOUNT HEIGHT SHALL BE AT
REACHABLE RANGE (MIN 15” HIGH / MAXIMUM 48”
HIGH)
18.PROPERLY MOUNTED FIRE EXTINGUISHERS / FIRE
EXTINGUISHER CABINETS MUST BE READILY VISIBLE
AND INSTALLED IN THE COMMONLY TRAVELED
PORTIONS OF THE STRUCTURE. TRAVEL DISTANCE
TO AN EXTINGUISHER MUST NOT EXCEED 75 FET
FROM ANY LOCATION IN THE STRUCTURE
19. APPROVED RADIO COVERAGE SHALL BE PROVIDED
ACCORDING TO LAFCBC 510
20.PROVIDE AUTOMATIC SPRINKLER SYSTEM AT TOP OF
RUBBISH AND LINEN CHUTES AND IN THEIR
TERMINAL ROOM (903.2.11.2)
21.IDENTIFY MECHANICAL, ELECTRICAL, ROOF ACCESS,
FIRE RISER AND PUMP ROOMS WITH PERMANENT
SIGNAGE
22.THE APPROPRIATE LOCATION AND OPERATION OF
ALL EXIT SIGNS IS SUBJECT TO AN ON-SITE
INSPECTION. ADDITONAL EXIT SIGNS MAY BE
REQUIREID. PROVIDE ELECTRIAL CIRCUIT BREAKERS
FOR ALL EXIT LIGHTING, IDENTIFY AND LABEL
PROPERLY UPON INSPECTION.
23.THE APPROPRIATE LOCATION AND OPERATION OF
EMERGENCY LIGHTING IS SUBJECT TO AN ON-SITE
INSPECTION. ADDITIONAL EMERGENCY LIGHTING
UNITS MAY BE REQRUIED. ELECTRICAL CIRCUIT
BREAKERS FOR ALL EMERGENCY LIGHTING MUST BE
IDENTIFIED AND PROPERLY LABELED UPON
INSPECTION.
LEGENDS & SYMBOLS
(SEE SHEET A0.20)
ADA NOTES
ADA.01 (E) CLEARANCES AT DOORS SHALL BE IN
ACCORDANCE WITH THE AMERICAN
DISABILITIES ACT AS NOTED ON SHEET
ADA.01.
ADA.02 MAINTAIN 60 IN. CLEAR TURNING SPACE OR
"T-SHAPED" TURNING SPACE PER ADA
3.04.3.1 OR 3.04.3.2.
ADA.05 MAINTAIN 30 IN. x 48 IN. CLEAR FLOOR
SPACE AT URINALS. ADAAG 605.3 AND 305
ADA.06 MAINTAIN 30 IN. x 48 IN. CLEAR FLOOR
SPACE AT LAVATORIES. COMPLY WITH 305
FOR CLEAR FLOOR SPACE AND 306 FOR
TOE AND KNEE CLEARANCE.
ADA.07 MILLWORK WORK SURFACES SHALL BE 28
IN. MINIMUM AND 34 IN. MAXIMUM IN
ACCORDANCE WITH ADAAG 902.3.
OCCUPANT LOAD (TABLE 1004.12)
11 K-394-4DEVONSHIREFAUCETS BRASS
K-394-4 DEVONSHIREFAUCETS BRASS
DN
UP DN
UP
DN
DN
LOUNGE &
SEATING
201
SWIMMING
POOL
STR 1
STAIR
1 GATHERING
AREA
LOBBY
200
GUEST
LAUNDRY
202
FITNESS
CENTER
203
KITCHEN
204
SERVICE
205
OFFICE 03
210
OFFICE 04
211
WORK
AREA
207
OFFICE 01
208
OFFICE 02
209
REGISTRATION
206
MEETING RM
212
STAFF
BRK RM
214
COMM.
LAUNDRY
213
FIRE
PIT
SHOWER
POOL DECK
WADING
POOL
BBQ.
AREA
SCALE:
NORTH
3/32" = 1'-0" PODIUM LEVEL
QQ
STUDIO
218
QQ
STUDIO
219
QQ
CONNECTED
221
QQ
STUDIO
228
QQ
STUDIO
229
SUITE
ADA
227
QQ
STUDIO
220
QQ
CONNECTED
222
K-STUDIO
225
K-STUDIO
226
K (ADA)
SUITE
224
QQ
STUDIO
216
K-EXTENDED
217
K-EXTENDED
223
CORRIDOR
CORRIDOR
SECOND EXIT
REQUIRED
1HR1HR1HR1HR1HR1HR1HR
1HR
1HR
1HR 1HR 1HR
1HR 1HR 1HR 1HR
1HR 1HR 1HR 1HR 1HR
1HR1HR1HR
1HR 1HR 1HR 1HR 1HR 1HR 1HR
2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2SB 2SB 2SB 2SB 2SB 2SB 2SB
2SB
2SB
2SB
2SB 2SB 2SB 2SB 2SB 2SB 2SB
2HR 2HR 2HR 2HR 2HR 2HR 2HR
2HR2HR2HR
2HR
2HR
2FB2FB
2FB2FB2FB2FB
2FB 2FB
2FB 2FB 2FB 2FB
2FB 2FB 2FB 2FB 2FB
2FB2FB
2FB2FB2FB2FB2FB
2FB 2FB
2FB 2FB
2FB
2FB
2FB2FB2FB2FB2FB
2FB 2FB
2FB 2FB 2FB 2FB 2FB
68222322
39 2 2 2 2 2 2 2 2
68 79
43 40
4 166
42 51
51 2
1 1
1 1
1 2
6 594
179
1 2
3 1
3 20
18 2
18060
166
14 120
1HR1HR1HR1HR
1HR
1HR
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
A0.20
SECOND FLOOR
EXITING PLAN
ADA NOTES
ADA.01 (E) CLEARANCES AT DOORS SHALL BE IN ACCORDANCE WITH THE AMERICAN DISABILITIES ACT AS NOTED ON SHEET ADA.01.
ADA.02 MAINTAIN 60 IN. CLEAR TURNING SPACE OR "T-SHAPED" TURNING SPACE PER ADA
3.04.3.1 OR 3.04.3.2.
ADA.05 MAINTAIN 30 IN. x 48 IN. CLEAR FLOOR SPACE AT URINALS. ADAAG 605.3 AND 305 ADA.06 MAINTAIN 30 IN. x 48 IN. CLEAR FLOOR SPACE AT LAVATORIES. COMPLY WITH 305 FOR CLEAR FLOOR SPACE AND 306 FOR TOE AND KNEE CLEARANCE.
ADA.07 MILLWORK WORK SURFACES SHALL BE 28 IN. MINIMUM AND 34 IN. MAXIMUM IN ACCORDANCE WITH ADAAG 902.3.
LEGENDS & SYMBOLS EGRESS GENERAL NOTES
1. EXIT SIGNS SHALL BE INTERNALLY OR EXTERNALLY ILLUMINATED
2. EXIT SIGNS ILLUMINATED BY AN EXTERNAL SOURCE SHALL HAVE AN INTENSITY OF NOT LESS THAN 5-FOOT CANDLES
3. INTERNALLY ILLUMINATED SIGNS SHALL BE LISTED AND LABELED AND SHALL BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S INSTRUCTIONS AND SECTION 2702
4. EXIT SIGNS SHALL BE ILLUMINATED AT ALL TIMES
5. EXIT SIGNS SHALL BE CONNECTED TO EMERGENCY POWER SYSTEMS THAT WILL PROVIDE AN ILLUMINATION OF NOT LESS THAN 90 MIN IN CASE OF PRIMARY POWER LOSS (1011.2-1011.6.3)
6. EGRESS DOORS SHALL BE READILY ENABLED FROM THE EGRESS SIDE WITHOUT THE USE OF A KEY OR SPECIAL KNOWLEDGE OR EFFORT. SEE 1008.1.9 FOR EXCEPTIONS
7. DOOR HANDLES, LOCK AND OTHER OPERATING DEVICES SHALL BE INSTALLED AT A MIN 34” AND A MAX 48” ABOVE THE FINISHED FLOOR
8. ALL EGRESS DOOR OPERATION SHALL ALSO COMPLY WITH SECTION 1008.1.-1008.9.1.2
9. THE MEANS OF EGRESS, INCLUDING THE EXIT DISCHARGE, SHALL BE ILLUMINATED AT ALL
TIMES THE BUILDING SPACE SERVED BY THE MEANS OF EGRESS IS OCCUPIED
10. THE MEANS OF EGRESS ILLUMINATION LEVEL SHALL BE LESS THAN 1 FOOT-CANDLE AT THE
WALKING SURFACE
11. THE POWER SUPPLY FOR MEANS OF EGRESS ILLUMINATION SHALL NORMALLY BE PROVIDED BY THE PREMISES ELECTRICAL SUPPLY. IN THE EVENT OF POWER SUPPLY FAILURE, AN
EMERGENCY ELECTRICAL SYSTEM SHALL AUTOMATICALLY ILLUMINATE THE FOLLOWING AREAS:
a. AISLES AND UNENCLOSED EGRESS STAIRWAYS IN ROOMS AND SPACES THAT REQUIRE
TWO OR MORE MEANS OF EGRESS
E. CORRIDORS, EXIT ENCLOSURES AND EXIT PASSAGEWAYS IN BUILDINGS REQUIRED TO
HAVE TWO OR MORE EXITS
F. EXTERIOR COMPONENTS AT OTHER THAN THE LEVEL OF EXIT DISCHARGE UNTIL EXIT
DISCHARGE IS ACCOMPLISHED FOR BUILDINGS REQUIRED TO HAVE TWO OR MORE EXITS
G. INTERIOR EXIT DISCHARGE ELEMENTS AS PERMITTED IN SECTION 1024.1 IN BUILDINGS
REQUIRED TO HAVE TWO OR MORE EXITS
e. EXTERIOR LANDINGS, AS REQUIRED BY SECTION 1008.1.5 FOR EXIT DISCHARGE
DOORWAYS IN BODINGS REQUIRED TO HAVE TWO OR MORE EXITS
12. THE EMERGENCY POWER SYSTEM SHALL PROVIDE POWER DURATION OF NOT LESS THAN 90
MINUTES AND SHALL CONSIST OF STORAGE BATTERIES, UNIT EQUIPMENT OR AN ON-SITE GENERATOR. THE INSTALLATION OF THE EMERGENCY POWER SYSTEM SHALL BE IN ACCORDANCE WITH CHAPTER 27
13. EMERGENCY LIGHTING FACILITIES SHALL BE ARRANGED TO PROVIDE INITIAL ILLUMINATION THAT IS AT LEAST AN AVERAGE OF 1 FOOT-CANDLE AVERAGE AND A MINIMUM AT ANY POINT OF
0.1 FOOT-CANDLE. ILLUMINATION LEVELS SHALL BE PERMITTED TO DECLINE TO 0.6 FOOT-CANDLE AVERAGE AND A MINIMUM AT ANY POINT OF 0.16 FOOT-CANDLE AT EH END OF THE EMERGENCY LIGHTING TIME DURATION. A MAXIMUM-TO-MINIMUM ILLUMINATION UNIFORMITY RATIO OF 40 TO 1 SHALL NOT BE EXCEEDED
14. THE EXIT SIGNS SHALL ALSO BE CONNECTED TO AN EMERGENCY ELECTRICAL SYSTEM
PROVIDED FROM STORAGE BATTERIES UNIT EQUIPMENT OR AN ON-SITE GENERATOR SET AND THE SYSTEM SHALL BE INSTALLED IN ACCORDANCE WITH ELECTRICAL CODE.
15. THIS BUILDING AND GARAGE PODIUM MUST BE EQUIPPED WITH AN AUTOMATIC FIRE EXTINGUISHING SYSTEM COMPLYING WITH NFPA-13; THE SPRINKLER SYSTEM SHALL BE APPROVED BY PLUMBING DIVISION PRIOR TO INSTALLATION (903.2.8)J
16. PROVIDE FIRE EXTINGUISHER AS REQUIRE BY FIRE INSPECTOR
17. FIRE EXTINGUISHER MOUNT HEIGHT SHALL BE AT REACHABLE RANGE (MIN 15” HIGH / MAXIMUM 48” HIGH)
18. PROPERLY MOUNTED FIRE EXTINGUISHERS / FIRE EXTINGUISHER CABINETS MUST BE READILY VISIBLE AND INSTALLED IN THE COMMONLY TRAVELED PORTIONS OF THE STRUCTURE. TRAVEL DISTANCE TO AN EXTINGUISHER MUST NOT EXCEED 75 FET FROM ANY LOCATION IN THE
STRUCTURE
19. APPROVED RADIO COVERAGE SHALL BE PROVIDED ACCORDING TO LAFCBC 510
20. PROVIDE AUTOMATIC SPRINKLER SYSTEM AT TOP OF RUBBISH AND LINEN CHUTES AND IN THEIR TERMINAL ROOM (903.2.11.2)
21. IDENTIFY MECHANICAL, ELECTRICAL, ROOF ACCESS, FIRE RISER AND PUMP ROOMS WITH
PERMANENT SIGNAGE
22. THE APPROPRIATE LOCATION AND OPERATION OF ALL EXIT SIGNS IS SUBJECT TO AN ON-SITE INSPECTION. ADDITONAL EXIT SIGNS MAY BE REQUIREID. PROVIDE ELECTRIAL CIRCUIT BREAKERS FOR ALL EXIT LIGHTING, IDENTIFY AND LABEL PROPERLY UPON INSPECTION.
23. THE APPROPRIATE LOCATION AND OPERATION OF EMERGENCY LIGHTING IS SUBJECT TO AN ON-SITE INSPECTION. ADDITIONAL EMERGENCY LIGHTING UNITS MAY BE REQRUIED.
ELECTRICAL CIRCUIT BREAKERS FOR ALL EMERGENCY LIGHTING MUST BE IDENTIFIED AND PROPERLY LABELED UPON INSPECTION.
OCCUPANT LOAD (TABLE 1004.12)
XXX
XXX
OCCUPIED BUILDING SPACE FDC
FH
1 S1-XXROOM NAME & NUMBER
OCCUPANT LOAD SPACE
TOTAL OCCUPANT LOAD.
USING EXIT ACCESS
OCCUPANT LOAD EXITING
FROM SPACE
SUB-TOTAL OCCUPANT
LOAD EXITING FROM SPACE
FIRE EXTINGUISHER
CABINET
BRACKET MOUNTED FIRE
EXTINGUISHER
EXIT SIGN [IBC 1011.3]
LIMITS OF WORK
PATH OF EGRESS TRAVEL
FIRE-LANE IDENTIFICATION
FIRE DEPARTMENT CONNECTION
FIRE HYDRANT
HOSE REACH (MAX 150 LF)
CLASS 1 STANDPIPE
STAIRWAY IDENTIFICATION
SIGN. SEE DETAIL
# #
##
η
EXIT NUMBER
CLEAR EXIT WIDTH (IN.)
WIDTH PER PERSON (IN.)
MAX. CAPACITY
ACTUAL USE
1-HOUR
FIRE-RATED PARTITION
1HR1HR
2-HOUR
FIRE-RATED PARTITION
2HR2HR
2-HOUR
FIRE BARRIER
2FB2FB
2-HOUR
SMOKE BARRIER
2SB2SB
2-HOUR FIRE-RATED
PARTITION EXTERIOR
2-HR2-HR
DN UP
DNUP
STR 1
STR 2
CORRIDOR
SCALE:
NORTH
1/16" = 1'-0"
ELEV.
LOBBY
300
HOUSE-
KEEPING
333
ICE MAKER
335
IDF
334
QQ
STUDIO
301
QQ
STUDIO
302
QQ (ADA)
SUITE
307
QQ
STUDIO
309
QQ
STUDIO
310
QQ
STUDIO
311
K-EXTENDED
312
QQ
STUDIO
313
QQ
STUDIO
314
QQ
STUDIO
315
QQ
STUDIO
316
QQ
STUDIO
317
K-EXTENDED
318
QQ
STUDIO
319
QQ
STUDIO
320
QQ
STUDIO
321
QQ
CONNECTED
322
QQ
CONNECTED
323
K-EXTENDED
324
K-STUDIO
305 QQ
STUDIO
303
K-STUDIO
304
K-CONNECTED
332
K-STUDIO
306 QQ
CONNECTED
331
QQ
CONNECTED
330
SUITE (ADA)
329
K-STUDIO
328
K (ADA)
SUITE
326
K-STUDIO
327
QQ
STUDIO
308
2 2 2 2 2 2 1
2 2 2 2 4 2 2 3
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
3 1
20 43
89 20
46 1HR 1HR 1HR
2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2FB2FB2FB2FB2FB
2FB 2FB
2FB 2FB 2FB 2FB 2FB
2FB
2FB 2FB 2FB 2FB 2FB
2FB2FB
2FB2FB2FB2FB2FB
2FB 2FB
2FB 2FB
2FB
2FB
2FB2FB2FB2FB2FB
2FB 2FB
2FB 2FB 2FB 2FB 2FB
2SB 2SB 2SB 2SB 2SB 2SB 2SB 2SB
2SB
2SB
2SB
2SB2SB2SB2SB2SB2SB2SB
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
A0.30
THIRD & FIFTH FLOOR
EXITING PLANS
ADA NOTES
ADA.01 (E) CLEARANCES AT DOORS SHALL BE IN ACCORDANCE WITH THE AMERICAN DISABILITIES ACT AS NOTED ON SHEET ADA.01.
ADA.02 MAINTAIN 60 IN. CLEAR TURNING SPACE OR "T-SHAPED" TURNING SPACE PER ADA
3.04.3.1 OR 3.04.3.2.
ADA.05 MAINTAIN 30 IN. x 48 IN. CLEAR FLOOR SPACE AT URINALS. ADAAG 605.3 AND 305 ADA.06 MAINTAIN 30 IN. x 48 IN. CLEAR FLOOR SPACE AT LAVATORIES. COMPLY WITH 305 FOR CLEAR FLOOR SPACE AND 306 FOR TOE AND KNEE CLEARANCE.
ADA.07 MILLWORK WORK SURFACES SHALL BE 28 IN. MINIMUM AND 34 IN. MAXIMUM IN ACCORDANCE WITH ADAAG 902.3.
LEGENDS & SYMBOLS EGRESS GENERAL NOTES
1. EXIT SIGNS SHALL BE INTERNALLY OR EXTERNALLY ILLUMINATED
2. EXIT SIGNS ILLUMINATED BY AN EXTERNAL SOURCE SHALL HAVE AN INTENSITY OF NOT LESS THAN 5-FOOT CANDLES
3. INTERNALLY ILLUMINATED SIGNS SHALL BE LISTED AND LABELED AND SHALL BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S INSTRUCTIONS AND SECTION 2702
4. EXIT SIGNS SHALL BE ILLUMINATED AT ALL TIMES
5. EXIT SIGNS SHALL BE CONNECTED TO EMERGENCY POWER SYSTEMS THAT WILL PROVIDE AN ILLUMINATION OF NOT LESS THAN 90 MIN IN CASE OF PRIMARY POWER LOSS (1011.2-1011.6.3)
6. EGRESS DOORS SHALL BE READILY ENABLED FROM THE EGRESS SIDE WITHOUT THE USE OF A KEY OR SPECIAL KNOWLEDGE OR EFFORT. SEE 1008.1.9 FOR EXCEPTIONS
7. DOOR HANDLES, LOCK AND OTHER OPERATING DEVICES SHALL BE INSTALLED AT A MIN 34” AND A MAX 48” ABOVE THE FINISHED FLOOR
8. ALL EGRESS DOOR OPERATION SHALL ALSO COMPLY WITH SECTION 1008.1.-1008.9.1.2
9. THE MEANS OF EGRESS, INCLUDING THE EXIT DISCHARGE, SHALL BE ILLUMINATED AT ALL
TIMES THE BUILDING SPACE SERVED BY THE MEANS OF EGRESS IS OCCUPIED
10. THE MEANS OF EGRESS ILLUMINATION LEVEL SHALL BE LESS THAN 1 FOOT-CANDLE AT THE
WALKING SURFACE
11. THE POWER SUPPLY FOR MEANS OF EGRESS ILLUMINATION SHALL NORMALLY BE PROVIDED BY THE PREMISES ELECTRICAL SUPPLY. IN THE EVENT OF POWER SUPPLY FAILURE, AN
EMERGENCY ELECTRICAL SYSTEM SHALL AUTOMATICALLY ILLUMINATE THE FOLLOWING AREAS:
a. AISLES AND UNENCLOSED EGRESS STAIRWAYS IN ROOMS AND SPACES THAT REQUIRE
TWO OR MORE MEANS OF EGRESS
E. CORRIDORS, EXIT ENCLOSURES AND EXIT PASSAGEWAYS IN BUILDINGS REQUIRED TO
HAVE TWO OR MORE EXITS
F. EXTERIOR COMPONENTS AT OTHER THAN THE LEVEL OF EXIT DISCHARGE UNTIL EXIT
DISCHARGE IS ACCOMPLISHED FOR BUILDINGS REQUIRED TO HAVE TWO OR MORE EXITS
G. INTERIOR EXIT DISCHARGE ELEMENTS AS PERMITTED IN SECTION 1024.1 IN BUILDINGS
REQUIRED TO HAVE TWO OR MORE EXITS
e. EXTERIOR LANDINGS, AS REQUIRED BY SECTION 1008.1.5 FOR EXIT DISCHARGE
DOORWAYS IN BODINGS REQUIRED TO HAVE TWO OR MORE EXITS
12. THE EMERGENCY POWER SYSTEM SHALL PROVIDE POWER DURATION OF NOT LESS THAN 90
MINUTES AND SHALL CONSIST OF STORAGE BATTERIES, UNIT EQUIPMENT OR AN ON-SITE GENERATOR. THE INSTALLATION OF THE EMERGENCY POWER SYSTEM SHALL BE IN ACCORDANCE WITH CHAPTER 27
13. EMERGENCY LIGHTING FACILITIES SHALL BE ARRANGED TO PROVIDE INITIAL ILLUMINATION THAT IS AT LEAST AN AVERAGE OF 1 FOOT-CANDLE AVERAGE AND A MINIMUM AT ANY POINT OF
0.1 FOOT-CANDLE. ILLUMINATION LEVELS SHALL BE PERMITTED TO DECLINE TO 0.6 FOOT-CANDLE AVERAGE AND A MINIMUM AT ANY POINT OF 0.16 FOOT-CANDLE AT EH END OF THE EMERGENCY LIGHTING TIME DURATION. A MAXIMUM-TO-MINIMUM ILLUMINATION UNIFORMITY RATIO OF 40 TO 1 SHALL NOT BE EXCEEDED
14. THE EXIT SIGNS SHALL ALSO BE CONNECTED TO AN EMERGENCY ELECTRICAL SYSTEM
PROVIDED FROM STORAGE BATTERIES UNIT EQUIPMENT OR AN ON-SITE GENERATOR SET AND THE SYSTEM SHALL BE INSTALLED IN ACCORDANCE WITH ELECTRICAL CODE.
15. THIS BUILDING AND GARAGE PODIUM MUST BE EQUIPPED WITH AN AUTOMATIC FIRE EXTINGUISHING SYSTEM COMPLYING WITH NFPA-13; THE SPRINKLER SYSTEM SHALL BE APPROVED BY PLUMBING DIVISION PRIOR TO INSTALLATION (903.2.8)J
16. PROVIDE FIRE EXTINGUISHER AS REQUIRE BY FIRE INSPECTOR
17. FIRE EXTINGUISHER MOUNT HEIGHT SHALL BE AT REACHABLE RANGE (MIN 15” HIGH / MAXIMUM 48” HIGH)
18. PROPERLY MOUNTED FIRE EXTINGUISHERS / FIRE EXTINGUISHER CABINETS MUST BE READILY VISIBLE AND INSTALLED IN THE COMMONLY TRAVELED PORTIONS OF THE STRUCTURE. TRAVEL DISTANCE TO AN EXTINGUISHER MUST NOT EXCEED 75 FET FROM ANY LOCATION IN THE
STRUCTURE
19. APPROVED RADIO COVERAGE SHALL BE PROVIDED ACCORDING TO LAFCBC 510
20. PROVIDE AUTOMATIC SPRINKLER SYSTEM AT TOP OF RUBBISH AND LINEN CHUTES AND IN THEIR TERMINAL ROOM (903.2.11.2)
21. IDENTIFY MECHANICAL, ELECTRICAL, ROOF ACCESS, FIRE RISER AND PUMP ROOMS WITH
PERMANENT SIGNAGE
22. THE APPROPRIATE LOCATION AND OPERATION OF ALL EXIT SIGNS IS SUBJECT TO AN ON-SITE INSPECTION. ADDITONAL EXIT SIGNS MAY BE REQUIREID. PROVIDE ELECTRIAL CIRCUIT BREAKERS FOR ALL EXIT LIGHTING, IDENTIFY AND LABEL PROPERLY UPON INSPECTION.
23. THE APPROPRIATE LOCATION AND OPERATION OF EMERGENCY LIGHTING IS SUBJECT TO AN ON-SITE INSPECTION. ADDITIONAL EMERGENCY LIGHTING UNITS MAY BE REQRUIED.
ELECTRICAL CIRCUIT BREAKERS FOR ALL EMERGENCY LIGHTING MUST BE IDENTIFIED AND PROPERLY LABELED UPON INSPECTION.
OCCUPANT LOAD (TABLE 1004.12)
XXX
XXX
OCCUPIED BUILDING SPACE FDC
FH
1 S1-XXROOM NAME & NUMBER
OCCUPANT LOAD SPACE
TOTAL OCCUPANT LOAD.
USING EXIT ACCESS
OCCUPANT LOAD EXITING
FROM SPACE
SUB-TOTAL OCCUPANT
LOAD EXITING FROM SPACE
FIRE EXTINGUISHER
CABINET
BRACKET MOUNTED FIRE
EXTINGUISHER
EXIT SIGN [IBC 1011.3]
LIMITS OF WORK
PATH OF EGRESS TRAVEL
FIRE-LANE IDENTIFICATION
FIRE DEPARTMENT CONNECTION
FIRE HYDRANT
HOSE REACH (MAX 150 LF)
CLASS 1 STANDPIPE
STAIRWAY IDENTIFICATION
SIGN. SEE DETAIL
# #
##
η
EXIT NUMBER
CLEAR EXIT WIDTH (IN.)
WIDTH PER PERSON (IN.)
MAX. CAPACITY
ACTUAL USE
1-HOUR
FIRE-RATED PARTITION
1HR1HR
2-HOUR
FIRE-RATED PARTITION
2HR2HR
2-HOUR
FIRE BARRIER
2FB2FB
2-HOUR
SMOKE BARRIER
2SB2SB
2-HOUR FIRE-RATED
PARTITION EXTERIOR
2-HR2-HR
DN
DN
UP
UP
STR 1
STR 2
ELEV.
LOBBY
400
B.O.H.
434
QQ
STUDIO
401
QQ
STUDIO
402
QQ (ADA)
SUITE
407
K-EXTENDED
408
QQ
STUDIO
409
QQ
STUDIO
410
QQ
STUDIO
411
QQ
STUDIO
412
QQ
STUDIO
413
QQ
STUDIO
414
QQ
STUDIO
415
QQ
STUDIO
416
QQ
STUDIO
417
K-EXTENDED
418
QQ
STUDIO
419
QQ
STUDIO
420
QQ
STUDIO
421
QQ
CONNECTED
422
QQ
CONNECTED
423
K-EXTENDED
424
K-STUDIO
405 QQ
STUDIO
403
K-STUDIO
404
K-CONNECTED
432
K-STUDIO
433
CORRIDOR
K-STUDIO
406 QQ
CONNECTED
431
QQ
CONNECTED
430
SUITE (ADA)
429
K-STUDIO
428
K (ADA) SUITE
426
K-STUDIO
427
SCALE:
NORTH
3/32" = 1'-0"
2 2 2 2 2 2 2 2 2 2 4 2 2 3
3 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
20 20
43 90
47 2FB2FB2FB2FB2FB
2FB 2FB
2FB 2FB 2FB 2FB 2FB
2FB
2FB 2FB 2FB 2FB 2FB
2FB2FB
2FB2FB2FB2FB2FB
2FB 2FB
2FB 2FB
2FB
2FB
2FB2FB2FB2FB2FB
2FB 2FB
2FB 2FB 2FB 2FB 2FB
2SB 2SB 2SB 2SB 2SB 2SB 2SB 2SB
2 1
1 ICE MAKER
435
2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2-HR 2SB2SB2SB2SB2SB2SB
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
A0.40
FOURTH & SIXTH FLOOR
EXITING PLANS
ADA NOTES
ADA.01 (E) CLEARANCES AT DOORS SHALL BE IN ACCORDANCE WITH THE AMERICAN DISABILITIES ACT AS NOTED ON SHEET ADA.01.
ADA.02 MAINTAIN 60 IN. CLEAR TURNING SPACE OR "T-SHAPED" TURNING SPACE PER ADA
3.04.3.1 OR 3.04.3.2.
ADA.05 MAINTAIN 30 IN. x 48 IN. CLEAR FLOOR SPACE AT URINALS. ADAAG 605.3 AND 305 ADA.06 MAINTAIN 30 IN. x 48 IN. CLEAR FLOOR SPACE AT LAVATORIES. COMPLY WITH 305 FOR CLEAR FLOOR SPACE AND 306 FOR TOE AND KNEE CLEARANCE.
ADA.07 MILLWORK WORK SURFACES SHALL BE 28 IN. MINIMUM AND 34 IN. MAXIMUM IN ACCORDANCE WITH ADAAG 902.3.
LEGENDS & SYMBOLS EGRESS GENERAL NOTES
1. EXIT SIGNS SHALL BE INTERNALLY OR EXTERNALLY ILLUMINATED
2. EXIT SIGNS ILLUMINATED BY AN EXTERNAL SOURCE SHALL HAVE AN INTENSITY OF NOT LESS THAN 5-FOOT CANDLES
3. INTERNALLY ILLUMINATED SIGNS SHALL BE LISTED AND LABELED AND SHALL BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S INSTRUCTIONS AND SECTION 2702
4. EXIT SIGNS SHALL BE ILLUMINATED AT ALL TIMES
5. EXIT SIGNS SHALL BE CONNECTED TO EMERGENCY POWER SYSTEMS THAT WILL PROVIDE AN ILLUMINATION OF NOT LESS THAN 90 MIN IN CASE OF PRIMARY POWER LOSS (1011.2-1011.6.3)
6. EGRESS DOORS SHALL BE READILY ENABLED FROM THE EGRESS SIDE WITHOUT THE USE OF A KEY OR SPECIAL KNOWLEDGE OR EFFORT. SEE 1008.1.9 FOR EXCEPTIONS
7. DOOR HANDLES, LOCK AND OTHER OPERATING DEVICES SHALL BE INSTALLED AT A MIN 34” AND A MAX 48” ABOVE THE FINISHED FLOOR
8. ALL EGRESS DOOR OPERATION SHALL ALSO COMPLY WITH SECTION 1008.1.-1008.9.1.2
9. THE MEANS OF EGRESS, INCLUDING THE EXIT DISCHARGE, SHALL BE ILLUMINATED AT ALL
TIMES THE BUILDING SPACE SERVED BY THE MEANS OF EGRESS IS OCCUPIED
10. THE MEANS OF EGRESS ILLUMINATION LEVEL SHALL BE LESS THAN 1 FOOT-CANDLE AT THE
WALKING SURFACE
11. THE POWER SUPPLY FOR MEANS OF EGRESS ILLUMINATION SHALL NORMALLY BE PROVIDED BY THE PREMISES ELECTRICAL SUPPLY. IN THE EVENT OF POWER SUPPLY FAILURE, AN
EMERGENCY ELECTRICAL SYSTEM SHALL AUTOMATICALLY ILLUMINATE THE FOLLOWING AREAS:
a. AISLES AND UNENCLOSED EGRESS STAIRWAYS IN ROOMS AND SPACES THAT REQUIRE
TWO OR MORE MEANS OF EGRESS
E. CORRIDORS, EXIT ENCLOSURES AND EXIT PASSAGEWAYS IN BUILDINGS REQUIRED TO
HAVE TWO OR MORE EXITS
F. EXTERIOR COMPONENTS AT OTHER THAN THE LEVEL OF EXIT DISCHARGE UNTIL EXIT
DISCHARGE IS ACCOMPLISHED FOR BUILDINGS REQUIRED TO HAVE TWO OR MORE EXITS
G. INTERIOR EXIT DISCHARGE ELEMENTS AS PERMITTED IN SECTION 1024.1 IN BUILDINGS
REQUIRED TO HAVE TWO OR MORE EXITS
e. EXTERIOR LANDINGS, AS REQUIRED BY SECTION 1008.1.5 FOR EXIT DISCHARGE
DOORWAYS IN BODINGS REQUIRED TO HAVE TWO OR MORE EXITS
12. THE EMERGENCY POWER SYSTEM SHALL PROVIDE POWER DURATION OF NOT LESS THAN 90
MINUTES AND SHALL CONSIST OF STORAGE BATTERIES, UNIT EQUIPMENT OR AN ON-SITE GENERATOR. THE INSTALLATION OF THE EMERGENCY POWER SYSTEM SHALL BE IN ACCORDANCE WITH CHAPTER 27
13. EMERGENCY LIGHTING FACILITIES SHALL BE ARRANGED TO PROVIDE INITIAL ILLUMINATION THAT IS AT LEAST AN AVERAGE OF 1 FOOT-CANDLE AVERAGE AND A MINIMUM AT ANY POINT OF
0.1 FOOT-CANDLE. ILLUMINATION LEVELS SHALL BE PERMITTED TO DECLINE TO 0.6 FOOT-CANDLE AVERAGE AND A MINIMUM AT ANY POINT OF 0.16 FOOT-CANDLE AT EH END OF THE EMERGENCY LIGHTING TIME DURATION. A MAXIMUM-TO-MINIMUM ILLUMINATION UNIFORMITY RATIO OF 40 TO 1 SHALL NOT BE EXCEEDED
14. THE EXIT SIGNS SHALL ALSO BE CONNECTED TO AN EMERGENCY ELECTRICAL SYSTEM
PROVIDED FROM STORAGE BATTERIES UNIT EQUIPMENT OR AN ON-SITE GENERATOR SET AND THE SYSTEM SHALL BE INSTALLED IN ACCORDANCE WITH ELECTRICAL CODE.
15. THIS BUILDING AND GARAGE PODIUM MUST BE EQUIPPED WITH AN AUTOMATIC FIRE EXTINGUISHING SYSTEM COMPLYING WITH NFPA-13; THE SPRINKLER SYSTEM SHALL BE APPROVED BY PLUMBING DIVISION PRIOR TO INSTALLATION (903.2.8)J
16. PROVIDE FIRE EXTINGUISHER AS REQUIRE BY FIRE INSPECTOR
17. FIRE EXTINGUISHER MOUNT HEIGHT SHALL BE AT REACHABLE RANGE (MIN 15” HIGH / MAXIMUM 48” HIGH)
18. PROPERLY MOUNTED FIRE EXTINGUISHERS / FIRE EXTINGUISHER CABINETS MUST BE READILY VISIBLE AND INSTALLED IN THE COMMONLY TRAVELED PORTIONS OF THE STRUCTURE. TRAVEL DISTANCE TO AN EXTINGUISHER MUST NOT EXCEED 75 FET FROM ANY LOCATION IN THE
STRUCTURE
19. APPROVED RADIO COVERAGE SHALL BE PROVIDED ACCORDING TO LAFCBC 510
20. PROVIDE AUTOMATIC SPRINKLER SYSTEM AT TOP OF RUBBISH AND LINEN CHUTES AND IN THEIR TERMINAL ROOM (903.2.11.2)
21. IDENTIFY MECHANICAL, ELECTRICAL, ROOF ACCESS, FIRE RISER AND PUMP ROOMS WITH
PERMANENT SIGNAGE
22. THE APPROPRIATE LOCATION AND OPERATION OF ALL EXIT SIGNS IS SUBJECT TO AN ON-SITE INSPECTION. ADDITONAL EXIT SIGNS MAY BE REQUIREID. PROVIDE ELECTRIAL CIRCUIT BREAKERS FOR ALL EXIT LIGHTING, IDENTIFY AND LABEL PROPERLY UPON INSPECTION.
23. THE APPROPRIATE LOCATION AND OPERATION OF EMERGENCY LIGHTING IS SUBJECT TO AN ON-SITE INSPECTION. ADDITIONAL EMERGENCY LIGHTING UNITS MAY BE REQRUIED.
ELECTRICAL CIRCUIT BREAKERS FOR ALL EMERGENCY LIGHTING MUST BE IDENTIFIED AND PROPERLY LABELED UPON INSPECTION.
OCCUPANT LOAD (TABLE 1004.12)
XXX
XXX
OCCUPIED BUILDING SPACE FDC
FH
1 S1-XXROOM NAME & NUMBER
OCCUPANT LOAD SPACE
TOTAL OCCUPANT LOAD.
USING EXIT ACCESS
OCCUPANT LOAD EXITING
FROM SPACE
SUB-TOTAL OCCUPANT
LOAD EXITING FROM SPACE
FIRE EXTINGUISHER
CABINET
BRACKET MOUNTED FIRE
EXTINGUISHER
EXIT SIGN [IBC 1011.3]
LIMITS OF WORK
PATH OF EGRESS TRAVEL
FIRE-LANE IDENTIFICATION
FIRE DEPARTMENT CONNECTION
FIRE HYDRANT
HOSE REACH (MAX 150 LF)
CLASS 1 STANDPIPE
STAIRWAY IDENTIFICATION
SIGN. SEE DETAIL
# #
##
η
EXIT NUMBER
CLEAR EXIT WIDTH (IN.)
WIDTH PER PERSON (IN.)
MAX. CAPACITY
ACTUAL USE
1-HOUR
FIRE-RATED PARTITION
1HR1HR
2-HOUR
FIRE-RATED PARTITION
2HR2HR
2-HOUR
FIRE BARRIER
2FB2FB
2-HOUR
SMOKE BARRIER
2SB2SB
2-HOUR FIRE-RATED
PARTITION EXTERIOR
2-HR2-HR
HOME 2 SUITES
7860 BEACH BLVD, BUENA PARK, CA 90620
SHEET NUMBER
LICENSED PROFESSIONAL ENGINEER
STATE OF CALIFORNIA
ERIC A. ROBLES
CIVIL
Know what's below.
before you dig.Call
TITLE SHEET
N
CIVIL PLAN INDEX
SHEET NO. DESCRIPTION
NOTICE TO CONTRACTORᴀ
PRELIMINARY GRADING PLANS
FOR
BUENA PARK - HOME 2 SUITES
7860 BEACH BLVD
CITY OF BUENA PARK, COUNTY OF ORANGE ̀ CA
LEGEND
ENGINEER'S NOTES TO
CONTRACTORᴀ
ABBREVIATIONSᴀ
CIVIL ENGINEER
R.A. SMITH, INC.
8881 RESEARCH DRIVE
IRVINE, CALIFORNIA 92618
(949) 872-2378 Phone
(949) 387-3915
CONTACTᴀ MR. CHRIS BRATTY
MR. ERIC ROBLES, P.E.
DEVELOPER
KINGSBARN REALTY CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NV 89134
............
CONTACT : 702-750-4126
SOILS ENGINEER
SASSAN GEOSCIENCES, INC.
1290 NORTH LAKE AVENUE, SUITE 204
PASADENA, CA 91104-2869
CITY GRADING NOTES:
HOME 2 SUITES
7860 BEACH BLVD, BUENA PARK, CA 90620
SHEET NUMBER
LICENSED PROFESSIONAL ENGINEER
STATE OF CALIFORNIA
ERIC A. ROBLES
CIVIL
Know what's below.
before you dig.Call
N
EXISTING CONDITIONS
HOME 2 SUITES
7860 BEACH BLVD, BUENA PARK, CA 90620
SHEET NUMBER
LICENSED PROFESSIONAL ENGINEER
STATE OF CALIFORNIA
ERIC A. ROBLES
CIVIL
Know what's below.
before you dig.Call
PRELIMINARY GRADING PLAN
N
PER SEPARATE PLAN:
TRASH ENCLOSURE
SITE WALL
FIRE HYDRANT
AA
BB
CC
1 CIVIL PLANNING NOTES:
PROPOSED CURB AND/OR CURB AND GUTTER PER CITY STDS.
PROPOSED SIDEWALK PER CITY STDS.
PROPOSED AC PAVEMENT PER GEOTECH REPORT.
PROPOSED DRIVEWAY PER CITY STDS.
PROPOSED ADA RAMP WITH TRUNCATED DOMES.
PROPOSED ADA STRIPING AND SIGNAGE.
PROPOSED WHITE PARKING STRIPING.
2 3
4 5
6 7
AA
7 7
7 7
7 7
2 2
7 1
3 3
3 3
4 5
6 6
1 1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 11
11 1
1 1
1 1
1 1
1 BB
BB
BB BB
LEGEND:
PROPERTY LINE
EXISTING WATER LINE
PROPOSED WATERLINE
PROPOSED FIRE LINE
EXISTING SANITARY SEWER LINE
PROPOSED SANITARY SEWER LINE
EXISTING STORM DRAIN LINE
PROPOSED STORM DRAIN
PROPOSED GRADE BREAK
7 CCCC
CC
HOME 2 SUITES
7860 BEACH BLVD, BUENA PARK, CA 90620
SHEET NUMBER
LICENSED PROFESSIONAL ENGINEER
STATE OF CALIFORNIA
ERIC A. ROBLES
CIVIL
Know what's below.
before you dig.Call
SITE CROSS SECTIONS
A
SITE CROSS SECTION
SECTION A-A HORIZ: 1" = 10'
VERT: 1' = 5'
B
SITE CROSS SECTION
SECTION B-B HORIZ: 1" = 10'
VERT: 1" = 5'
C
SITE CROSS SECTION
SECTION C-C HORIZ: 1" = 20'
VERT: 1" = 4'
C C
AA
BB
N
HOME 2 SUITES
7860 BEACH BLVD, BUENA PARK, CA 90620
SHEET NUMBER
LICENSED PROFESSIONAL ENGINEER
STATE OF CALIFORNIA
ERIC A. ROBLES
CIVIL
Know what's below.
before you dig.Call
PRELIMINARY UTILITY PLAN
N
LEGEND:
PROPERTY LINE
EXISTING WATER LINE
PROPOSED WATERLINE
PROPOSED FIRE LINE
EXISTING SANITARY SEWER LINE
PROPOSED SANITARY SEWER LINE
EXISTING STORM DRAIN LINE
PROPOSED STORM DRAIN
51 50
50 CIVIL PLANNING NOTES:
REUSE EXISTING 3" WATER LATERAL, METER, AND BACKFLOW.
PROPOSED 3" DOMESTIC WATER LINE.
REUSE EXISTING FIRE SERVICE, REPLACE IF NEEDED.
PROPOSED ONSITE FIRE WATER LINE.
PROPOSED DOUBLE CHECK DETECTOR ASSEMBLY.REPLACE
EXISTING FDC IF NEEDED.
PROPOSED 1" IRRIGATION METER, BACKFLOW, AND SERVICE.
CONTINUATION PER IRRIGATION PLANS.
REMOVE AND REPLACE EXISTING 4" SEWER LATERAL WITH 8"
LATERAL. WYE CONNECTION TO EXISTING 12" SEWER MAIN.
PROPOSED 8" SANITARY SEWER. CONTINUATION PER PLUMBING
PLANS.
PROPOSED STORM DRAIN LINE.
PROPOSED MODULAR WETLAND.
PROPOSED STORM DRAIN MANHOLE.
PROPOSED STORM DRAIN WYE CONNECTION TO EXISTING 36" RCP STORM DRAIN MAIN LINE.
PROPOSED STORM DRAIN INLET WITH INLET FILTER.
51 52
53 54
55 56
57 58
59 60
61 62
52 53
55 57
54 56
58 5858
58 58
59 60
61 58 58
58 62
6262
62 62
UP
UPUP
UP
9'-6"
7'-8"
4'-0"
12'-0"
O.C.
20'-0" O.C.
27'-0" O.C.
TREESQTYBOTANICAL / COMMON NAMECONTAINER
6CASSIA LEPTOPHYLLA
GOLD MEDALLION TREE24" BOX
22PODOCARPUS GRACILIOR
FERN PINE24" BOX
5TRISTANIA CONFERTA
BRISBANE BOX24" BOX
PALM TREESQTYBOTANICAL / COMMON NAMECONTAINER
4 CHAMAEROPS HUMILIS
MEDITERRANEAN FAN PALM
MINIMUM 3 ARMS
24" BOX
4 PHOENIX DACTYLIFERA
DATE PALM
10' BTH
BTH
SHRUBSQTYBOTANICAL / COMMON NAMECONTAINER
79DIETES BICOLOR
FORTNIGHT LILY5 GAL
63FESTUCA GLAUCA `ELIJAH BLUE`
BLUE FESCUE5 GAL
8LANTANA 'NEW GOLD'
NEW GOLD LANTANA5 GAL
23LAVANDULA ANGUSTIFOLIA 'VERA'
VERA ENGLISH LAVENDER5 GAL
18NANDINA DOMESTICA `HARBOUR DWARF`
DWARF HEAVENLY BAMBOO5 GAL
31PITTOSPORUM TOBIRA `WHEELERI`
WHEELER'S DWARF PITTOSPORUM5 GAL
116RHAPHIOLEPIS INDICA `BALLERINA`
DWARF INDIAN HAWTHORN5 GAL
27SANTOLINA CHAMAECYPARISSUS
LAVENDER COTTON5 GAL
11STRELITZIA REGINAE
BIRD OF PARADISE5 GAL
16STRELITZIA REGINAE 'DWARF'
DWARF BIRD OF PARADISE5 GAL
30TRACHELOSPERMUM JASMINOIDES
STAR JASMINE5 GAL
56XYLOSMA CONGESTUM 'COMPACTA'
COMPACT SHINY XYLOSMA5 GAL
CACTI / SUCCULENTSQTYBOTANICAL / COMMON NAMECONTAINER
14YUCCA RECURVIFOLIA
WEEPING YUCCA5 GAL
PLANT SCHEDULE
SITE AMENITIES
SYMBOLDESCRIPTIONQTY
POT TO BE KORNEGAY DESIGN, LLC RIBBED-27
ROUND LANDSCAPE CONTAINER WITH CONCENTRIC RIBBED
FACE PATTERN. 27IN. TALL, 33IN. DIAMETER, 18IN. BASE.
CONCRETE COLOR: GRAPHITE PREMIUM CONCRETE
7 DECORATIVE ROCK & BOULDERS
SYMBOLDESCRIPTIONQTY
DARK BROWN WOOD MULCH
ALL PLANTER AREAS TO REVEIVE A MIN. 2" LAYER UNLESS
OTHERWISE NOTED.
10,067 SF
K-394-4DEVONSHIREFAUCETSBRASSK-394-4DEVONSHIREFAUCETSBRASS DN
UPDN
UP
DN
020'40'60'
SCALE: 1" = 20'
11/13/2023
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023; REVISION 2 : 11.13.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 906201 09.22.2023
2 11.13.2023OCFA PLAN CHECK COMMENTS 10.26.2023
PLANTING NOTES
1.INSTALL THE MINIMUM LAYER OF WOOD MULCH IN ALL LANDSCAPE AREAS WITHIN LANDSCAPE LIMIT OF WORK EXCEPT WHERE OTHERWISE NOTED. CONTRACTOR TO PROVIDE SAMPLES OF WOOD MULCH FOR APPROVAL PRIOR TO INSTALLATION. COMPACT SUB-GRADE TO 85% AND APPLY A PRE-EMERGENT HERBICIDE TO SOIL. AFTER PLACING MULCH: RAKE
SMOOTH, WET TO ENTIRE DEPTH, ALLOW TO DRY, THEN LIGHTLY SCARIFY SURFACE WITH A LEAF RAKE. APPLY A SECONDARY APPLICATION OF PRE-EMERGENT HERBICIDE TO TOP OF MULCH. TO BE INSTALLED AFTER INSTALLATION OF PLANT MATERIAL.
2.ANY TREE PLANTED WITHIN 5 FEET OF A CURB, SIDEWALK, WALL OR OTHER HARDSCAPE SHALL BE PLANTED WITH A ROOT GUARD DESIGNED TO DIRECT ROOT GROWTH DOWNWARD.
PLANT SCHEDULE
LANDSCAPE ELEMENTS
EXISTING RESTAURANT
TRASH
ENCLOSURE
COVERED
PARKING
2-STORY MULTI-FAMILY
RESIDENTIAL
EXISTING RESTAURANT
COVERED
PARKING
GENERATOR
TRANSFORMER
BEACH BLVD
LIMIT OF WORK
LIMIT OF WORK
7860 BEACH BLVD,BUENA PARK, CA
CONCEPTUAL PLANTING PLAN - GROUND LEVEL
PLANTING PLAN
L-01
DROP OFF
MODULAR
WETLAND
UTILITY- SEE
CIVIL PLANS
UTILITY (TYP) -
SEE CIVIL PLANS
CONCEPTUAL PLANTING PLAN - SECOND FLOOR
SWIMMING
POOL
WADING
POOL
PATIO
7860 BEACH BLVD,BUENA PARK, CA
POT (TYP)
11/13/2023
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023; REVISION 2 : 11.13.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 906201 09.22.2023
2 11.13.2023OCFA PLAN CHECK COMMENTS 10.26.2023
PLANTING IMAGES
L-02
Cassia leptophylla
GOLD MEDALLION TREE
Podocarpus gracilior
FERN PINE
Tristania conferta
BRISBANE BOX (STD)
Chamaerops humilis
MEDETERRANEAN FAN PALM
Phoenix dactylifera
DATE PALM
Dietes bicolor
FORTNIGHT LILY
Festuca glauca 'Elijah Blue'
BLUE FESCUE
Lantana 'New Gold'
NEW GOLD LANTANA
Nandina domestica
'Harbour Dwarf'
DWARF HEAVENLY BAMBOO
Pittosporum tobira 'Variegata'
VARIEGATED MOCK ORANGE
Rhaphiolepis indica 'Ballerina'
DWARF INDIAN HAWTHORN
Santolina chamaecyparissus
LAVENDER COTTON
Strelitzia reginae 'Dwarf'
DWARF BIRD OF PRADISE
Xylosma congestum 'Compacta'
COMPACT SHINY XYLOSMA
Yucca recurvifolia
WEEPING YUCCA
Strelitzia reginae
BIRD OF PRADISE
Lavandula angustifolia 'Vera'
DWARF ENGLISH LAVENDER
Trachelospermum
jasminoides
STAR JASMINE
TRASH
BEACH BOULEVARD
UP
UP UP
UP
(E) 2-STORY
MULTI-FAMILY
RESIDENTIAL
(E) 2-STORY
MULTI-FAMILY
RESIDENTIAL
(E) 2-STORY
MULTI-FAMILY
RESIDENTIAL
COVERED
PARKING
(E) 2-STORY
MULTI-FAMILY
RESIDENTIAL
(E) 2-STORY
MULTI-FAMILY
RESIDENTIAL
EXISTING
RESTAURANT
(CHO SUN OK)
EXISTING RESTAURANT
(LUXOR BANQUET HALL)
COVERED
PARKING
6-STORY HOTEL
140 GUESTROOMS, FITNESS CENTER
& SWIMMING POOL
ENTRANCE
LOBBY
DROP-OFF
POOL
EQUIP
POOL
MECH
STO.
FIRE
PUMP
WATER
HEATER
ELEC
ROOM PBX
HOTEL
VAN &
LOAD
ZONE
TRANSFORMER
GENERATOR
140'-0"
753" TO
INTERSECTION℄OF ROAD
55'-0"
62'-0"
COVERED
PARKING
(E) 1-STORY
BUILDING
110'-0"
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023, REVISION 2 : 11.13.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
2 11.13.2023OCFA PLAN CHECK COMMENTS 10.26.2023
AS1.00
SITE PLAN
SCALE:
NORTH
1" = 20'-0"
0' 20' 40'10'
1 FH
UP
UP UP
UP
DROP-OFF
BEACH BOULEVARD
(E) 10'-0" CMU WALL
(E) 10'-0" CMU WALL ON PROPERTY LN(E) 10'-0" CMU WALL
MODULAR
WETLAND
6-STORY HOTEL
1 2
3 4
5 6
7 8
1 2 3 4 5 6 7 8 9
11 12 13
A
B
C
D
10 25'-0"
29'-0" 28'-6"
12'-6"
25'-0" 18'-0" 25'-0" 19'-0" 10'-4"
SET
BACK
17'-4"
4'-0"
SET
BACK
20'-0" 29'-2"
25'-0"
DRIVEWAY
19'-0"
R26'-6"
10'-1"
SET
BACK
20'-0"
289'-2"
BUILDING
18'-0"
40'-0"
217'-3"
N89°33'54"W, 412'-8"
N0°30'15"E, 45'-0"
N89°33'54", 293'-0"
25'-0"20'-10" 10'-6"11'-10" 71'-10"
BUILDING
8'-0"
(E) SIDEWALK
N0°30'15"E,
140'-0"
N89°33'54"W, 8"
N0°30'15"E, 60'-0" N0°30'15"E, 125'-0"
5'-0"
8'-0"
11'-5"
3'-6"36'-0"
N89°39'54"W, 119'-0"
10'-3"
SET
BACK
7'-11"
27'-7"34'-1"306'-0"20'-0"
154'-4"
57'-8"
65'-3"
10'-5" 54'-0" 19'-3"
573' TO
INTERSECTION
R5'-3"
29'-10"
12'-0"
57'-0" 26'-8" 26'-4" 4'-7" 24'-11" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 67'-7"
59'-4" 23'-5" 30'-2" 15'-0" 57'-1"
(E) DRIVEWAY
APRON
9 EXIT SIGN
EXIT SIGN
1 9'-0" 9'-0" 9'-0" 8'-0" 8'-0" 8'-0" 8'-0" 9'-2" 9'-2" 9'-2" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 11'-0" 3'-8"18'-0"
9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0"
9'-0" 9'-0"
19'-10"
9'-0" 6'-0" 9'-0" 8'-0" 9'-0" 6'-10"
18'-0"
8'-0" 8'-0" 8'-0"
9'-9" 9'-0" 6'-0" 9'-0" 8'-0" 8'-0" 8'-0"
9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0"
9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 10'-4" 9'-0" 9'-0" 9'-0"
9'-0" 9'-0" 9'-0" 9'-0"
9'-0" 9'-0"
29'-0" 314'-6"
5'-0"
3'-0" 9'-0"
C CC C C CC
CC
CCC CCC CCC CCC CCC
CCC CCC CC
CCC
9'-0" 7'-6"
12 6
2 1
PODIUM PARKING
54 SPACES
4 4
3 4
12 12
(E) 10'-0" HIGH
CMU WALL
FIRE LANE
CLEAR
10'-6"
SET
BACK
7 9
5'-4"
SET
BACK
10 11
========= =
==
== ==
CC CC
==
EV EV EV EV
EV EV
EV
13 PROPOSED ENTRY MODIFICATION, N.I.C.
WORK BY BUENA PARK DEVELOPMENT
25'-0"
66 66
FH
12 14
15 14
5 6
26'-9" 19'-0"
19'-0"
8 17'-0"
65'-0"
5 STAGE
AREA 1
STAGE
AREA 2
9'-0"67'-6"
28'-5"
22'-5"
40'-0"
25'-0"
FH
12'-0"
45'-0"
25'-0"
25'-9" 25'-1" 23'-2"10'-10"
40'-0"
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023, REVISION 2 : 11.13.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
2 11.13.2023OCFA PLAN CHECK COMMENTS 10.26.2023
LEGEND
X X X
ACCESSIBLE PATH OF TRAVEL
EXISTING CHAINLINK FENCE (ECLF)
CHAINLINK FENCE
PROPERTY LINE
EASEMENT LINE
FIRE LANE
DEAD-END FIRE LANE
(E) BLOCK WALL
BLOCK WALL
(E) BUILDINGS
MAIN DRIVEWAY & ROUND-ABOUT
(FIELD AREA) CONC AGGREGATE
BAND
MAIN DRIVEWAY (BORDER
AREA) CONC AGGREGATE BAND
ROUND-ABOUT (BORDER AREA)
CONC AGGREGATE BAND
ASPHALT PAVEMENT/ FIRELANE
STAMPED CONC WALKWAY
COMPACT
EV CHARGING SPACE
CLEAN AIR VANPOOL/ EV
O O O
AS1.01
SITE DEVELOPMENT PLAN
SCALE:
NORTH
1/16" = 1'-0"
1 UTILITY KEYNOTE
ACCESSIBLE CURB CUT
(E) UTILITY VAULT
(E) ELECTRIC CABINET
(E) FIRE HYDRANT
(E) WATER BLOW-OFF W/
PERFORATED METAL SHROUD
(E) LIGHT POST
DOUBLE CHECK DETECTOR
ASSEMBLY, SEE CIVIL DWG'S
IRRIGATION METER, SEE CIVIL DWG'S
P100 PYLON SIGN
2 3
4 5
6 8
7 9
C
SITE NOTES
1 CANOPY OVERHANG ABOVE GATHERING AREA
PORTE COCHERE & LINE OF GATHERING AREA ABOVE
BICYCLE RACK
PAVER SYSTEM, TYP.
COLORED CONCRETE BAND
COLORED CONCRETE AGGREGATE VEHICULAR DRIVING SURFACE
(E) 10'-0" HIGH - ADJACENT BUILDING (PARKING GARAGE) CMU WALL
TRASH ENCLOSURE W/ SOLID ROOF COVER
GENERATOR ENCLOSURE W/ ACCESS GATE
(N) 6'-0" HIGH CMU WALL/ FENCE IN REPLACEMENT OF (E) CMU WALL AND/ OR WIRE MESH FENCE
(N) 6'-0" HIGH W.I. GATE IN REPLACEMENT OF (E) 8'-0" HIGH GATE
FIRE LANE NO PARKING
CLEAN AIR VAN POOL/ EV, TYP. OF 10
STAIRWELL ACCESS TO ROOF
ROLLED CURB AT STAGING AREA
2 3
4 5
6 9
10 13
7 8
11 12
14 15
GENERAL NOTES
1. ALL PARKING STALLS SHALL BE DOUBLE STRIPED PER
CITY STANDARD, SECTION 19.636.070F.
2. ON-SITE LIGHTING SHALL BE ARCHITECTURALLY
INTEGRATED WITH BUILDING DESIGN.
3. PARKING LOT LIGHTING SHALL BE DESIGNED TO MINIMIZE
LIGHT SPILL-OVER UNTO ADJACENT PROPERTIES.
4. PARKING LOT AREA LIGHTING SHALL ACHIEVE A MINIMUM
OF 2-FOOTCANDLES.
5. BUILDING SIGNAGE.
EV
=
1 1
1 1
UP
UP UP
UP
1 2 3 4 5 6 7 8 9 10 11 12 13
1 2 3 4 5 6 7 8 9 10 11 12 13
A
B
C
D
A
B
C
D
ENTRANCE
LOBBY
100
FIRE
PUMP
104
STR 1 STAIR 1
LINE OF
BLDG ABOVE
ELEC'L RM.
102
POOL
EQUIPMENT
107
POOL
MECHNICAL
106
12'-2" 10'-8" 8'-1" 14'-9" 11'-7" 5'-11" 54'-6"
19'-3"
4'-11" 10'-3" 6'-8"
7'-11" 4'-3"
21'-10" 3'-3"
22'-7"
15'-0"
20'-6" 33'-11"
19'-10"
8'-6"
7'-11"
19'-10"
Xref .\base\Archive\22060_Grid dimensions.dwg
2 A3.10
2 A3.10
1 A3.10
1 A3.10
1 A2.10
3 A2.20
2 A2.10
4 A2.20
STORAGE
105
287'-6"
26'-4" 26'-4" 4'-7" 24'-11" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 23'-5" 30'-2" 15'-0"
68'-7"
23'-5" 30'-2" 15'-0"
28'-2"
7'-10" 25'-11"
WATER
HEATER
103
PBX RM.
101
3 2
23 2
4 4
STR 2
STAIRWELL
ACCESS
TO ROOF
STAIRWELL
ACCESS
TO ROOF
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023, REVISION 2 : 11.13.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
2 11.13.2023OCFA PLAN CHECK COMMENTS 10.26.2023
SCALE:
NORTH
1/16" = 1'-0"
A1.10
1ST LEVEL
FLOOR PLAN
AND PARKING
0' 16' 32'8'4'
GENERAL NOTES
MASONRY WALL
WOOD STUD
SYMBOLS & LEGEND
1 FLOOR PLATE: 2,887 S.F.
LINE OF 2ND LEVEL FLOOR ABOVE.
LOUVER VENTS.
ELECTRIC VEHICLE CHARGING STATION
2 3
4 1
1 K-394-4DEVONSHIREFAUCETS BRASS
K-394-4 DEVONSHIREFAUCETS BRASS
DN
UP DN
UP
DN
DN
1 2 3 4 5 6 7 8 9 10 11 12 13
1 2 3 4 5 6 7 8 9 10 11 12 13
A
B
C
D
A
B
C
D
LOUNGE &
SEATING
201
SWIMMING
POOL
STR 1 STAIR 3
GUEST
LAUNDRY
202
FITNESS
CENTER
203
KITCHEN
204
SERVICE
205
OFFICE 03
210
OFFICE 04
211
WORK
AREA
207
OFFICE 01
208
REGISTRATION
206
MEETING RM
212
STAFF
BRK RM
214
COMM.
LAUNDRY
213
FIRE
PIT
PATIO
GATHERING
AREA
2 A3.10
2 A3.10
1 A3.10
1 A3.10
1 A2.10
3 A2.20
2 A2.10
4 A2.20
10'-4"
BBQ
11'-5"
33'-1" 10'-3"21'-8"
10'-0" 17'-9" 5'-6" 16'-2"
8'-9"
7'-11"
19'-10" 7'-0" 5'-7"
29'-8"
86'-11"
42'-4"
4'-8" 10'-7" 10'-8"
9'-11"
28'-10" 26'-7" 9'-8" 16'-4" 11'-8"
OFFICE 02
209
38'-10"
21'-5"
16'-9" 18'-0"
18'-0"
9'-0" 9'-0"
29'-8" 5'-8" 36'-3"
35'-8"
30'-8"
19'-10" 5'-3" 8'-0"
12'-9"12'-9" 13'-3"
LOBBY
200
17'-6" 8'-0"
19'-10"
STR 2
12'-10" 12'-10" 12'-8" 13'-0" 12'-10" 12'-10"
12'-10" 12'-10"
60'-0"
287'-6"
26'-4" 26'-4" 4'-7" 24'-11" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 23'-5" 30'-2" 15'-0"
68'-7"
23'-5" 30'-2" 15'-0"
4 6
5 7
8 11
9 10
1'-7"
1'-4" 4"
5"
1'-7"
12 27'-11" 4'-0" 20'-10" 1'-3"
7'-0" 29'-11"
4'-0"
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
GENERAL NOTES
MASONRY WALL
WOOD STUD
SYMBOLS & LEGEND
1 REFER TO SHEET A1.80 FOR GUEST ROOM
MATRIX AND KING GUEST ROOM LAYOUTS.
REFER TO SHEET A1.90 FOR GUESTROOM
MATRIX AND QUEEN GUEST ROOM LAYOUTS.
FLOOR PLATE:
INTERIOR SPACE: 17,650 S.F.
POOL AREA: 3,726 S.F.
GATHERING AREA: 822 S.F.
22,198 S.F.
A.D.A DAVIT
SHOWER
TOWEL DROP
DRINKING FOUNTAIN
POOL STORAGE
CONCIERGE/ REGISTRATION DESK
W/ 2'-10" A.D.A. COUNTER
BANQUETTE
CANOPY ABOVE
MAGNETIC HOLD-OPEN
2 3
4 5
6 7
8 9
11 10
12 SCALE:
NORTH
1/16" = 1'-0" PODIUM LEVEL A1.20
2ND LEVEL
FLOOR PLAN
0' 16' 32'8'4'
DN UP
DNUP
1 2 3 4 5 6 7 8 9 10 11 12 13
1 2 3 4 5 6 7 8 9 10 11 12 13
A
B
C
D
A
B
C
D
STR 1
ELEV.
LOBBY
300
HOUSE-
KEEPING
303
ICE
MAKER
301
IDF
302
CANOPY
2 A3.10
2 A3.10
1 A3.10
1 A3.10
1 A2.10
3 A2.20
2 A2.10
4 A2.20
Xref .?Ease?ArFhive?22060BGriG GiPensiRns.GZg
16'-8" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 19'-10"
STR 2
29'-8"
17'-6"
35'-8"
20'-3"
10'-9"
7'-5"
9'-8"
8'-0"
5'-8" 35'-8"
35'-2"
CANOPY
287'-6"
26'-4" 26'-4" 4'-7" 24'-11" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 23'-5" 30'-2" 15'-0"
68'-7"
23'-5" 30'-2" 15'-0"
4 4
4"
1'-6" 1'-7"
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
SCALE:
NORTH
1/16" = 1'-0"
A1.30
3RD LEVEL
FLOOR PLAN
0' 16' 32'8'4'
GENERAL NOTES
MASONRY WALL
WOOD STUD
SYMBOLS & LEGEND
1 REFER TO SHEET A1.80 FOR GUEST ROOM MATRIX
AND KING GUEST ROOM LAYOUTS.
REFER TO SHEET A1.90 FOR GUESTROOM MATRIX
AND QUEEN GUEST ROOM LAYOUTS.
FLOOR PLATE: 17,572 SF.
LINE OF POOL PODIUM BELOW.
2 3
4 DN UP
DNUP
1 2 3 4 5 6 7 8 9 10 11 12 13
1 2 3 4 5 6 7 8 9 10 11 12 13
A
B
C
D
A
B
C
D
STR 1
STR 2
ELEV.
LOBBY
400
ICE
MAKER
401
B.O.H.
402
2 A3.10
2 A3.10
1 A3.10
1 A3.10
1 A2.10
3 A2.20
2 A2.10
4 A2.20
Xref .?Ease?ArFhive?22060BGriG GiPensiRns.GZg
16'-8" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 19'-10"
30'-2"
17'-6"
35'-8"
7'-5"
9'-8"
8'-0"
5'-2" 36'-3"
35'-2"
13'-0"12'-8"
287'-6"
26'-4" 26'-4" 4'-7" 24'-11" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 23'-5" 30'-2" 15'-0"
68'-7"
23'-5" 30'-2" 15'-0"
1'-7"1'-6"
4"
4 CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
SCALE:
NORTH
1/16" = 1'-0"
A1.40
4TH LEVEL
FLOOR PLAN
0' 16' 32'8'4'
GENERAL NOTES
MASONRY WALL
WOOD STUD
SYMBOLS & LEGEND
1 REFER TO SHEET A1.80 FOR GUEST ROOM MATRIX
AND KING GUEST ROOM LAYOUTS.
REFER TO SHEET A1.90 FOR GUESTROOM MATRIX
AND QUEEN GUEST ROOM LAYOUTS.
FLOOR PLATE: 17,572 SF.
LINE OF POOL PODIUM BELOW.
2 3
4 DN UP
DNUP
1 2 3 4 5 6 7 8 9 10 11 12 13
1 2 3 4 5 6 7 8 9 10 11 12 13
A
B
C
D
A
B
C
D
STR 1 STAIR 1
STR 2
ELEV.
LOBBY
500
HOUSE-
KEEPING
503
ICE
MAKER
501
IDF
502
16'-8" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 19'-10"
30'-2"
17'-6"
35'-8"
20'-3"
10'-9"
7'-5"
9'-8"
8'-0"
5'-2" 36'-3"
35'-2"
Xref .?Ease?ArFhive?22060BGriG GiPensiRns.GZg
2 A3.10
2 A3.10
1 A3.10
1 A3.10
1 A2.10
3 A2.20
2 A2.10
4 A2.20
287'-6"
26'-4" 26'-4" 4'-7" 24'-11" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 23'-5" 30'-2" 15'-0"
68'-7"
23'-5" 30'-2" 15'-0"
4"
1'-7"1'-6"
4 CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
SCALE:
NORTH
1/16" = 1'-0"
A1.50
5TH LEVEL
FLOOR PLAN
0' 16' 32'8'4'
GENERAL NOTES
MASONRY WALL
WOOD STUD
SYMBOLS & LEGEND
1 REFER TO SHEET A1.80 FOR GUEST ROOM MATRIX
AND KING GUEST ROOM LAYOUTS.
REFER TO SHEET A1.90 FOR GUESTROOM MATRIX
AND QUEEN GUEST ROOM LAYOUTS.
FLOOR PLATE: 17,572 SF.
LINE OF POOL PODIUM BELOW.
2 3
4 DN
DN
UP
UP
1 2 3 4 5 6 7 8 9 10 11 12 13
1 2 3 4 5 6 7 8 9 10 11 12 13
A
B
C
D
A
B
C
D
STR 1
STR 2
ELEV.
LOBBY
600
ICE
MAKER
601
B.O.H.
602
16'-8" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 12'-10" 19'-10"
30'-2"
17'-6"
35'-8"
7'-5"
9'-8"
8'-0"
5'-2" 36'-3"
35'-2"
13'-0"12'-8"
2 A3.10
2 A3.10
1 A3.10
1 A3.10
1 A2.10
3 A2.20
2 A2.10
4 A2.20
287'-6"
26'-4" 26'-4" 4'-7" 24'-11" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 23'-5" 30'-2" 15'-0"
68'-7"
23'-5" 30'-2" 15'-0"
4"
1'-7"1'-6"
4 CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
SCALE:
NORTH
1/16" = 1'-0"
A1.60
6TH LEVEL
FLOOR PLAN
0' 16' 32'8'4'
GENERAL NOTES
MASONRY WALL
WOOD STUD
SYMBOLS & LEGEND
1 REFER TO SHEET A1.80 FOR GUEST ROOM MATRIX
AND KING GUEST ROOM LAYOUTS.
REFER TO SHEET A1.90 FOR GUESTROOM MATRIX
AND QUEEN GUEST ROOM LAYOUTS.
FLOOR PLATE: 17,572 SF.
LINE OF POOL PODIUM BELOW.
2 3
4 1 2 3 4 5 6 7 8 9 10 11 12 13
1 2 3 4 5 6 7 8 9 10 11 12 13
A
B
C
D
A
B
C
D
Xref .\base\Archive\22060_Grid dimensions.dwgXref .\base\Archive\22060_Mark_elevation-section.dwg + 74'-7"
T.O.P.
+ 74'-7"
T.O.P.
+ 80'-9"
T.O.R.
+ 82'-0"
T.O.R.
+ 82'-0"
T.O.R.
+ 74'-7"
T.O.P.
+ 74'-7"
T.O.P.
+ 80'-9"
T.O.R.
1/4" PER FOOT
1/4" PER FOOT
1/4" PER FOOT
7 RD100
3 RD100 RD100
+ 75'-11"
T.O.R.
+ 75'-11"
T.O.R.
+ 75'-11"
T.O.R.
+ 75'-11"
T.O.R.CURB CURB
4 4
5 5
4 2
6 1 1
RD100
287'-6"
26'-4" 26'-4" 4'-7" 24'-11" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 25'-8" 23'-5" 30'-2" 15'-0"
68'-7"
23'-5" 30'-2" 15'-0"
8 RD100
3 + 74'-7"
T.O.P. RD100
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023, REVISION 2 : 11.13.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
2 11.13.2023OCFA PLAN CHECK COMMENTS 10.26.2023
GENERAL NOTES
LEGEND
SCALE:
NORTH
1/16" = 1'-0"
A1.70
ROOF PLAN
1 ROOF COVERING. TPO-PVC
60 MIL - WHITE
2 TRASH CHUTE
3 STAIRWELL/ ROOF ACCESS
4 CRICKET, TYP.
5 CANTILEVERED & SLOPED ROOF FEATURE
ALUMINUM FASCIA & ROOF SYSTEM
6 WINDOW CANOPY, BELOW
7 LINE OF PODIUM CANOPY BELOW
0' 16' 32'8'4'
METAL ROOF SYSTEM
TPO-PVC ROOF SYSTEM
60 MIL
8 LINE OF ELEVATORS BELOW
1 SCALE: 1/8" = 1'-0"
SCALE: 1/8" = 1'-0"
SCALE: 1/8" = 1'-0"
SCALE: 1/8" = 1'-0"
SCALE: 1/8" = 1'-0"
STUDIO
381.1239 sT. ft.
SUITE
512.8571 sT. ft.
2.BAY SUITE
762.2007 sT. ft.
CONNECTED
381.1239 sT. ft.
EXTENDED
458.1239 sT. ft.
GUEST ROOM MATRIX
GENERAL NOTES
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
A1.80
KING
GUESTROOMS
SCALE: 1/8" = 1'-0"
SCALE: 1/8" = 1'-0"
SCALE: 1/8" = 1'-0"
STUDIO
SUITE
CONNECTED
458.1239 sT. ft.
595.7098 sT. ft.
458.1239 sT. ft.
GUEST ROOM MATRIX
A1.90
QUEEN
GUEST ROOMS
GENERAL NOTES
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
A2.00
EXTERIOR VIEWS
GENERAL NOTES
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
SCALE: (NOT TO SCALE)
SCALE: (NOT TO SCALE)
1 - PANTONE 19-4007 ANTHRACITE
2 - PANTONE 18-3908 VOLCANIC GLASS
3 - PANTONE 18-1312 DEEP TAUPE
4 - PANTONE 16-1105 PLAZA TAUPE
5 - PANTONE 13-0002 WHITE SAND
6 - PANTONE 17-1115 PETRIFIED OAK
7 - PANTONE 11-4201 CLOUD DANCER
8 - PANTONE 17-3938 VERY PERI
9 - PANTONE 13-0340 TN GREEN GECKO
CERACLAD CASHMERE SMOOTH PANELS
A - HFH9163A SILK
B - HFH9169A WHEAT
3C - HFH91612A
A2.01
EXTERIOR VIEWS
GENERAL NOTES
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
SCALE: (NOT TO SCALE)
SCALE: (NOT TO SCALE)
1 - PANTONE 19-4007 ANTHRACITE
2 - PANTONE 18-3908 VOLCANIC GLASS
3 - PANTONE 18-1312 DEEP TAUPE
4 - PANTONE 16-1105 PLAZA TAUPE
5 - PANTONE 13-0002 WHITE SAND
6 - PANTONE 17-1115 PETRIFIED OAK
7 - PANTONE 11-4201 CLOUD DANCER
8 - PANTONE 17-3938 VERY PERI
9 - PANTONE 13-0340 TN GREEN GECKO
CERACLAD CASHMERE SMOOTH PANELS
A - HFH9163A SILK
B - HFH9169A WHEAT
3C - HFH91612A
0.00 1ST LEVEL
15'-0" 12'-0" 10'-6" 10'-6" 16'-1"10'-6"
82'-0"
B C D
15'-0"
2ND LEVEL (PODIUM)
37'-6"
4TH LEVEL
48'-0"
5TH LEVEL
27'-0"
3RD LEVEL
58'-6"
5TH LEVEL
74'-7"
T.O.R.
A
6'-2"
80'-9"
T.O.R.
74'-7" 7'-5"
82'-0"
T.O.R.
1'-3"
C
D2
C
L
C
K
A
E
A
J3 GLASS
B
METAL
D3F
H
C LED LIGHT
F
D4
C
D1
H
G
C
L
J3A
LOUVER
VENT (T.B.D.)
F
A
J2
H
LED LIGHT
D3
J41
E
A
D4
2 1
D2
D3
G J1J4
D3
LED LIGHT
J4
G
10'-0"
D2
D4
D1
D3
D2
D4
K
D3
C
2 B
J2
0.00 1ST LEVEL
1 2 3 4 5 6 7 8 9 10 11 12 13
15'-0"
2ND LEVEL (PODIUM)
37'-6"
4TH LEVEL
48'-0"
5TH LEVEL
27'-0"
3RD LEVEL
58'-6"
5TH LEVEL
74'-7"
T.O.R.
80'-9"
T.O.R.
82'-0"
T.O.R.
15'-0" 12'-0" 10'-6" 10'-6" 16'-1"10'-6"
82'-0"
74'-7" 7'-5"
6'-2" 1'-3"
1 A
D4
D2
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
SCALE: 1/16" = 1'-0"
A2.10
SOUTH & WEST
ELEVATIONS
SCALE: 1/16" = 1'-0"
1 LED BAND UNDER CANTILEVER ROOF
2 BACK LIGHT HOME 2 SIGN = 6'-6" x 15'-0" ; SEE SHEET A2.30 NOTE: COLORS ARE NOT REPRESENTATIVE OF FINAL MATERIAL SELECTION
0.00 1ST LEVEL
ABCD
15'-0"
2ND LEVEL (PODIUM)
37'-6"
4TH LEVEL
48'-0"
5TH LEVEL
27'-0"
3RD LEVEL
58'-6"
5TH LEVEL
15'-0" 12'-0" 10'-6" 10'-6" 16'-1"10'-6"
82'-0"
74'-7" 7'-5"74'-7"
T.O.R.
82'-0"
T.O.R.
80'-9"
T.O.R.
6'-2" 1'-3"
D2
C
D3
L
A
D4
E
C
A
J3
B
A
C
D2
H
A
D3
G
D3
D4
L
D3
D2
D1
0.00 1ST LEVEL
12345678910111213
15'-0"
2ND LEVEL (PODIUM)
37'-6"
4TH LEVEL
48'-0"
5TH LEVEL
27'-0"
3RD LEVEL
58'-6"
5TH LEVEL
15'-0" 12'-0" 10'-6" 10'-6" 16'-1"10'-6"
82'-0"
74'-7"
74'-7"
T.O.R.
82'-0"
T.O.R.
7'-5"
J4 H
K
2 10'-0"
D4
C
D2
A
A
L
E
D2
D1
C
G
C
D2
H
G
C
1 LED BAND UNDER CANTILEVER ROOF
2 BACK LIGHT HOME 2 SIGN = 6'-6" x 15'-0" ; SEE SHEET A2.30 NOTE: COLORS ARE NOT REPRESENTATIVE OF FINAL MATERIAL SELECTION 4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
SCALE: 1/16" = 1'-0"
A2.20
NORTH & EAST
ELEVATIONS
SCALE: 1/16" = 1'-0"
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
A2.30
GARAGE
SCREEN INSPIRATION
0.00 1ST LEVEL
15'-0" 12'-0" 10'-6" 10'-6" 12'-7"10'-6"
82'-0"
A B C D
15'-0"
2ND LEVEL (PODIUM)
37'-6"
4TH LEVEL
48'-0"
5TH LEVEL
27'-0"
3RD LEVEL
58'-6"
6TH LEVEL
71'-1"
T.O.R.
74'-7"
T.O.P.
82'-0"
T.O.R.
PROPERTY LN
PROPERTY LN
10'-11"
PROPERTY LN
ENTRANCE
LOBBY
100
LOUNGE
SEATING
201
REGISTRATION
206
OFFICE 1
208
OFFICE 2
209
1 2 3 4 5 6 7 8 9 10 11 12 13
15'-0"
2ND LEVEL (PODIUM)
37'-6"
4TH LEVEL
48'-0"
5TH LEVEL
27'-0"
3RD LEVEL
58'-6"
6TH LEVEL
71'-1"
T.O.R.
74'-7"
T.O.P.
PROPERTY LN
PROPERTY LN
0.00 1ST LEVEL
BEACH BOULEVARD
80'-9"
T.O.R.
15'-0" 12'-0" 10'-6" 10'-6"
80'-9"
12'-7"10'-6" 3'-6" 6'-2"
STORAGE
105
FIRE
PUMP
104
WATER
HEATER
103
ELEC.
102
PBX
ELEC.
101
ENTRANCE
LOBBY.
100
LOUNGE
201
LOBBY
200
LAUNDRY
213
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
SCALE: 1/16" = 1'-0"
SCALE: 1/16" = 1'-0"
A3.10
BUILDING SECTIONS
GENERAL NOTES
RESOLUTION NO. _____
VARIANCE NO. V-23-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK APPROVING VARIANCE NO. V -23-2 TO ALLOW FOR A
REDUCTION IN REQUIRED OFF -STREET PARKING, A
REDUCTION IN LANDSCAPE SETBACK AND TO ALLOW THE
BUILDING TO E XCEED THE MAXIMUM PERMITTED HEIGHT
FOR THE DEVELOPMENT OF A SIX-STORY, 140-ROOM HOTEL
AND AMENITIES AT 7860 BEACH BOULEVARD , WITHIN THE
ECSP (ENTERTAINMENT CORRIDOR SPECIFIC PLAN) LAND
USE SUB-DISTRICT C-1A, AND MAKING FINDINGS IN SUPPORT
THEREOF
A. Recitals.
(i) PBR Consulting Services, on behalf of KB Acquisitions, LLC , 2260 Corporate Circle, Suite 490, Henderson, NV 89074 (“Developer” or “Applicant”) has filed planning applications for a Development Agreement, Site Plan Review, and Variances to redevelop real property located at 7860 Beach Boulevard (“Site”) with a six -story, 140- room hotel including 121 parking spaces (“Project”). Variance No. V-23-2 is requested to allow a reduction in the required landscape setback, a reduction in required off-street parking spaces and to allow a building which exceeds the maximum permitted height in the Entertainment Corridor Specific Plan. Hereinafter referred to as the “application”.
(ii) On February 28, 2024, the Planning Commission conducted a hearing on the application and recommended that the City Council approve said Resolution by a 4-0 vote.
(iii) On March 26, 2024, the City Council conducted a hearing on the application and concluded said hearing prior to the adoption of this Resolution.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined, and resolved by the City Council of the City of Buena Park 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 subst antial evidence presented to the City Council during the above -referenced hearing, including written staff reports, verbal testimony, business plan, and development plans dated “RECEIVED NOV. 17, 2023 PLANNING DIV.”, the City Council hereby specifically finds as follows:
Resolution No. _____
Variance No. V-23-2
March 26, 2024
a. Finding: There are special circumstances applicable to the subject property such as size, topography, location, or surroundings which result in the strict application of the requirements of this Title depriving the property of privileges enjoyed by other property in the same zone and vicinity.
Fact: The subject property contains special circumstances related to both the lot’s narrow street frontage and shape which necessitates the variances requested. The property is irregularly shaped with a narrow frontage along Beach Boulevard and widened area alon g the eastern edge of the property results in the building and site design which cannot meet the development standards prescribed in the ECSP without reducing the building size to below what is financially viable for the site or desired for the Tourist-Entertainment General Plan land use designation or further reducing the amount of off-street parking or landscape setbacks.
b. Finding: The variance will not grant special privileges to the subject property not enjoyed by other properties in the same zone and vicinity.
Fact: The requested variances will allow for the development of the subject property with a hotel use which is permitted in the ECSP subject to a Development Agreement. The requested variances are required for the property to meet minimum Building and Fire Code standards as well as remain financially viable.
There is no grant of special privilege that other properties in the same zone could avail themselves of.
c. Finding: The variance will not produce results detrimental to the public health, safety, or welfare and will not be injurious to other property in the vicinity.
Fact: The proposed hotel is consistent with the permitted uses and vision for the Entertainment Corridor and Tourist -Entertainment General Plan land use designation. The project has been designed to minimize impacts on adjacent properties and provides adequate screening for the residential development to the east of the project site. The Hilton Home-2-Suites is a nationally recognized brand which maintains high standards for development and operation. A parking analysis was conducted for a previously proposed hotel development at this location which determined that a reduced parking ratio for the hotel use would not result in spill - over parking on adjacent properties.
d. Finding: The variance will not be contrary to the objectives of the general plan, any applicable specific plan, or the intent of this Title.
Fact: The project would implement goals and objectives as envisioned in the ECSP and Tourist-Entertainment General Plan land use designation by adding a high-quality family-oriented hotel to the Entertainment Corridor that will provide additional lodging options to support the tourism activity generated by Knott’s Berry Farm, Knott’s Soak City, Medieval Times and Pirate’s Dinner Adventure.
3. The City Council hereby finds and determines that the project identif ied above in this Resolution is found to be Categorically Exempt from the requirements of the Resolution No. _____
Variance No. V-23-2
March 26, 2024
California Environmental Quality Act (CEQA) pursuant to Class 32, Section 15332 – In- Fill Development.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above, the City Council hereby approves the applicat ion subject to the plans dated “RECEIVED NOV. 17, 2023 PLANNING DIV.”, and the following conditions set forth in paragraph 6 of this Resolution.
5. The City Clerk shall Certify to the adoption 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
DESIGN CONDITIONS
1. The property owner shall dedicate a 10 -foot easement along the Beach Boulevard frontage to for street purposes. A plat map and legal description shall be prepared by registered civil engineer or licensed surveyor. All costs associated with preparation of these documents and County recording shall be responsible by applicant.
2. Grading, storm drain, street, sewer, water, and erosion control plans shall be prepared by a registered engineer, at a minimum scale of 1” = 40’, and on 24” by 36” sheets.
Any proposed improvements shall be designed and constructed per City Standards.
Any existing improvements in the public right -of-way, adjacent to project parcel frontage, that are not in compliance with the Americans with Disabilities Act (ADA) shall be removed and reconstructed or added to meet the ADA requirements and must comply with City Standards.
3. Traffic Impact fees shall be in accordance with City Resolution 9726 and the latest City Fee Schedule. Sewer, water, and stormwater impact fees shall be per the latest City Fee Schedule.
4. All proposed utility connections shall be made to the City water and sewer systems in accordance with the City Code, standards and applicable Federal, State and County regulations.
5. A hydrology and/or hydraulics study, prepared by a registered engineer, shall be submitted for approval when drainage is altered and/or there is a net increase of the stormwater for the proposed project. The storm drain system shall be designed and constructed for a minimum of a 25 -year flood per the County of Orange standards. It shall be privately owned and maintained.
6. Driveway approaches, sidewalks, curb and gutter or pavement along the project frontage that are lifted, fractured, or failing shall be removed and replaced per City standards.
Resolution No. _____
Variance No. V-23-2
March 26, 2024
7. All existing public facilities in conflict with new improvements shall be relocated at no cost to the City, with the exception of the driveway reconfiguration on the north side of the subject property. The 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.
8. Prior to issuance of grading or building permits, permit applicant shall submit for approval, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control pollutant run -offs.
This WQM P shall identify the structural and non -structural measures detailing implementation of BMP’s whenever they are applicable to the project. The design criteria and templates are can be found online at the City of Buena Park Public Works Engineering Departme nt ( buenapark.com/city_departments/public_works/ engineering_services/water_quality_management_plans.php.
9. Prior to the issuance of grading permit for projects that will result in soil disturbance of one acre or more of land, a copy of the Notice of Intent (NOI) and assigned Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be submitted to the City. Projects subject to this requirement shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the approved SWPPP by the State Water Resources Control Board shall be kept at the project site an d be made available for the City upon request. The assigned WDID number must appear on the cover sheet of the grading plan.
10. The proposed trash enclosure shall accommodate bins for organic, recycling, and trash per Senate Bill 1383.
PERMIT ISSUANCE CONDITIONS:
11. 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. The fee amounts are specified in the City Fee Schedule.
12. Before exercising any right or performing any obligation pursuant to any permit issued by the Public Works Department, the developer/contractor shall obtain a City Business License and submit required insurance certificates.
13. A Transportation Hauling permit shall be obtained to operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximums specified in the California Vehicle Code (CVC) and the Caltrans Transportation Permit Manual.
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 a period of one (1) year, for all public facilities an d improvements.
15. Prior to the grant of occupancy by the City or commencement for the approved use, all improvements required by the Public Works Department shall be completed.
Resolution No. _____
Variance No. V-23-2
March 26, 2024
CONSTRUCTION CONDITIONS:
16. The applicant/contractor shall be responsible for protecting all existing horizontal and vertical survey controls. Any survey controls disturbed during construction shall be reset per Orange County Surveyor Standards after construction.
17. All trash collection services needed during construction or after project completion shall be obtained from the City’s authorized provider.
18. 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.
19. An Engineered Grading and Utility Certification shall be certified by the project engineer. Each phase of construction, fill and soil compaction, rough grading including pad elevations, final grading, utilities, and Water Quality Management Plan shall be certified by the project engineer and submitted to the City.
20. Prior to issuance of occupancy, applicant shall demonstrate all structural BMPs have been constructed in conformance with the approved WQMP.
ORANGE COUNTY FIRE AUTHORITY
Plan Submittal: 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.
1. Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required:
a. Fire Master Plan (service code PR145)
b. Alternate methods and materials (AM&M) request (PR910) for access, hose pull and aerial staging deficiencies consistent with the approved conceptual design provided to OCFA on November 15, 2023.
2. Prior to issuance of a building permit:
a. Architectural (service codes PR200-PR285)
b. Use of firewalls to separate the structure into separate buildings. c. All stairwells to reach roof level.
d. Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475)
e. Fire sprinkler system (service codes PR400-PR465)
3. Prior to concealing interior construction:
a. Fire alarm system (service code PR500-PR520)
b. Emergency voice/alarm communication system
c. Hood and duct extinguishing system for commercial kitchen equipment if proposed (service code PR335)
Resolution No. _____
Variance No. V-23-2
March 26, 2024
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 subj ect 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.
4. 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.
5. Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at (714) 573- 6150 with the Service Request numbe r of the approved fire master 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.
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 the California Building Code.
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. It is recommended that the applicant submit the geotechnical report to the City early in the design phase to avoid delays later in the project.
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.
7. All portions of the proposed building above the first story shall maintain a minimum 12 foot setback from any overhead power lines.
Resolution No. _____
Variance No. V-23-2
March 26, 2024
8. New buildings 10,000 square feet and over, shall require a completed commissioning plan in accordance with Section 5.410 of the California Green Building Standards Code.
POLICE DEPARTMENT CONDITIONS OF APPROVAL
1. Prior to certificate of occupancy, the developer shall install closed-circuit security cameras in the common open spaces and parking areas (covered and uncovered) with a minimum 90-day retention schedule.
PLANNING DIVISION
1. This approval shall be for the construction of a 6-story, 140-room hotel with variances from the Entertainment Corridor Specific Plan development standards for building height, parking and landscape setbacks on a 1.45-acre parcel located at 7860 Beach Boulevard in substantial compliance with plans stamped “RECEIVED NOV. 17, 2023 PLANNING DIV.”, except as modified herein.
2. Concurrent with the plan submittal to Building Plan Check, the developer shall submit color and material samples for the exterior of the building to the Planning Division.
Exterior materials provided shall match the material callouts shown on the approved plans or a comparable alternative.
3. Concurrent with the plan submittal for Building Plan Check, the developer shall submit a site photometric plan that depicts the equivalent of (1) foot -candle minimum illumination throughout the parking areas. 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. Lighting fixtures shall be decorative in nature and complement the building design/architecture.
4. All landscaped areas shall be separated from adjacent vehicular areas by a masonry wall or cement concrete curb a minimum of 6 -inches in height, or by cement 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.
5. Concurrent with the plan submittal for Building Plan Check, the plans shall include design for the proposed trash enclosure. The trash enclosure shall be designed to match the architectural design of the building including materials and coloration and painted to match the building.
6. All required new utility services, equipment, including transformers, gas meter, “J” boxes, and similar devices shall be screened with landscaping as shown on the conceptual landscape plans.
7. Landscaping/irrigation/sprinkler plans shall be submitted to the Planning Division for review and be approved prior to the issuance of building permits. Landscaping, as approved and provided with an automatic and permanent sprinkler system shall be considered a part of this plan and shall be installed and maintained as a condition of the use. All landscaping/irrigation/sprinkler plans shall comply with the City of Bue na Resolution No. _____
Variance No. V-23-2
March 26, 2024
Park Water Efficiency Landscape Ordinance, Title 13, Chapter 13.30 of the Buena Park Municipal Code.
8. Landscaping shall consist of a variety of trees, shrubs (15 -gallon minimum) and groundcover, generally consistent with the conceptual planting plan stamped RECEIVED NOV 17, 2023 PLANNING DIV."
9. Dead or dying plants or trees shall be promptly replaced with plants or trees, as applicable, comparable in size and species. All irrigation shall be on an electronic timer and shall be maintained in fully operable, non-leaking condition.
10. An ornamental masonry wall, a minimum of 6 -feet-high, measured from the highest finished grade, shall be constructed, and maintained along the north, south and east perimeter property lines (adjacent to properties zoned RM – Medium Density Multifamily Residential). Standard gray or pink block CMU shall not be considered as ornamental masonry. No block wall construction s hall occur until a grading plan has been approved by the Public Works Department if required. Double walls shall be avoided if possible, an d if not possible, the gap between all double walls shall be sealed to the satisfaction of the City. All existing block walls to remain shall be repaired as necessary and painted to match the project color scheme.
11. All required double check valve assemblies located within public view shall be strategically screened using landscaping or fencing to the satisfaction of the Community and Economic Development Director.
12. The applicant and/or property owner shall ensure that a copy of the Planning Commission resolution of approval be reproduced on the first page of construction drawings and shall be distributed to all design professionals, contractors, and subcontractors participating in the construction phase of the project.
13. If any legal action or other proceeding is instituted by a third party or parties, other governmental entity or official challenging the validity of any provision of the Project Approvals, environmental determination, or entitlements, Owner and City shall cooperate in defending any such action. City shall notify Owner of any such legal action against City within ten (10) working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Owner immediately upon receipt of notice thereof. Owner shall indemnify, hold harmless and defend City, and its officers, employees or agents with respect to any claim or lawsuit brought to challenge the validity or enforcement of the Project Approvals, the Negative Declaration, or this Development Agreement, instituted by a third party or another governmental entity or official; provided, however, that if the City fails to cooperate in the defense, Owner shall not thereafter be responsible for City's defense. Owner shall pay all of City's defense costs including, without limitation, court costs, attorneys' fees, and expert witness fees. Owner shall promptly pay all monetary awards, judgments, verdicts, court costs, and attorneys' fees that may be awarded in such action. City shall be entitled to select counsel to conduct its defense in any such action; provided, however, that City shall instruct such counsel to cooperate with Owner as provided herein.
Resolution No. _____
Variance No. V-23-2
March 26, 2024
PASSED AND ADOPTED this day of by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
_______________________
Mayor
ATTEST:
___________________________
City Clerk
Resolution No. _____
Variance No. V-23-2
March 26, 2024
AFFIDAVIT OF ACCEPTANCE:
I/We do hereby accept all of the conditions contained in this document and all other conditions imposed by Variance No. V-23-2 and do agree that I/We shall conform with and abide by all such conditions.
__________
Owner Signature Owner Printed Name Date
____________
Applicant Signature Applicant Printed Name Date
RESOLUTION NO. ____
SITE PLAN NO. SP-24-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK APPROVING A SITE PLAN REVIEW FOR THE DEVELOPMENT
OF A SIX -STORY, 140-ROOM HOTEL, PARKING AND AMENITIES AT 7860 BEACH BOULEVARDAND AND MAKING FINDINGS IN SUPPORT
THEREOF
A. Recitals.
(i) PBR Consulting Services, on behalf of KB Acquisitions, LLC, 2260 Corporate Circle, Suite 490, Henderson, NV 89074 (“Developer” or “Applicant”) has filed planning applications for a Development Agreement, Site Plan Review and Variance to redevelop real property located at 7860 Beach Boulevard (“Site”) with a six -story, 140-room hotel including 121 parking spaces (“Project”). Site Plan Review SP-24-3 is required pursuant to Buena Park Municipal Code Section
19.128.040 for any new construction.
(ii) On February 28, 2024, the Planning Commission conducted a hearing on the application and recommended that the City Council approve said Resolution by a 4-0 vote.
(iii) On March 26, 2024, the City Council conducted a hearing on the application and concluded said hearing prior to the adoption of this Resolution.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW THEREFORE, it is found, determined, and resolved by the City Council of the City of Buena Park as follows:
1. The City Council hereby specifically finds that all the facts set forth in 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 development plans dated “RECEIVED NOV 17, 2023 PLANNING DIV.”, the City Council hereby specifically finds as follows:
a. FINDING: The proposed development meets all applicable requirements of this Title and other laws.
FACT: The proposed hotel, as conditioned, and subject to approval of the required variances for building height, landscape setback and parking, complies with all other applicable requirements of the General Plan, Zoning, Fire and Building Codes.
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.
Resolution No. ______
Site Plan No. SP-24-3
March 26, 2024
FACT: The site arrangement and improvements will not be detrimental to the existing and intended character of the Entertainment Corridor and Tourist- Entertainment General Plan land use designation. The proposed hotel has been designed, subject to approval of variances, to meet the development standards for the ESCP.
c. FINDING: Property values will be conserved.
FACT: The hotel and accompanying amenities are proposed on a currently vacant property and will not only preserve, but greatly improve the property values for the surrounding properties within the Entertainment Corridor.
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: The proposed hotel has been reviewed for conformance with the California Environmental Quality Act and it has been determined that the project qualifies for a Categorical Exemption pursuant to Section 15332 (In -Fill Development). Further, walls, landscaping, building orientation and design features have been included to ensure nearby structures are not adversely affected by noise, vibration or other environmental effects.
e. FINDING: The exterior architectural design is in reasonable harmony with the architectural character of the area.
FACT: The architecture is modern in style and consists of a combination of flat roof design with angled parapet and roof features to complement the surrounding commercial developments. The design will incorporate an earth-toned color palette (grey, brown, and wh ite) with small portions of bright green to highlight the hotel’s branding. A variety of exterior materials and variations in wall-planes and building heights are incorporated to break up the building massing and provide visual interest. The ground l evel entrance, 2 nd level balcony and pool deck will feature large angular canopies to provide shade and architectural interest to the design.
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. Vehicular access to the project will be from a proposed 25-foot-wide driveway located towards the southern portion of the property frontage on Beach Boulevard.
Internal circulation is provided from a driveway along the southern edge of the lot which connects to parking along the western property line. Customer and employee vehicles may also access the under -building parking from both the east and west ends of the property. Emergency access is provided on three sides of the building and a trash enclosure is provided towards the Resolution No. ______
Site Plan No. SP-24-3
March 26, 2024
northwest corner of the lot which has been approved by the City’s waste hauler as an accessible location.
3. The City Council hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Class 32 Section 15332 (In-Fill Development).
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the City Council hereby approves the application subject to the plans dated “RECEIVED NOV 17, 2023 PLANNING DIV.” as modified herein and the following reasonable conditions set forth in paragraph 6 of this Resolution.
5. The City Clerk shall Certify to the adoption 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 Municipal Code.
PUBLIC WORKS DEPARTMENT
DESIGN CONDITIONS
1. The property owner shall dedicate a 10 -foot easement along the Beach Boulevard frontage to for street purposes. A plat map and legal description shall be prepared by registered civil engineer or licensed surveyor. All costs associated with preparation of these documents and County recording shall be responsible by applicant.
2. Grading, storm drain, street, sewer, water, and erosion control plans shall be prepared by a registered engineer, at a minimum scale of 1” = 40’, and on 24” by 36” sheets. Any proposed improvements shall be designed and constructed per City Standards. Any existing improvements in the public right -of-way, adjacent to project parcel frontage, that are not in compliance with the Americans with Disabilities Act (ADA) shall be removed and reconstructed or added to meet the ADA requirements and must comply with City Standards.
3. Traffic Impact fees shall be in accordance with City Resolution 9726 and the latest City Fee Schedule. Sewer, water, and stormwater impact fees shall be per the latest City Fee Schedule.
4. All proposed utility connections shall be made to the City water and sewer systems in accordance with the City Code, standards and applicable Federal, State and County regulations.
5. A hydrology and/or hydraulics study, prepared by a registered engineer, shall be submitted for approval when drainage is altered and/or there is a net increase of the stormwater for the proposed project. The storm drain system shall be designed and constru cted for a minimum of a 25 -year flood per the County of Orange standards. It shall be privately owned and maintained.
Resolution No. ______
Site Plan No. SP-24-3
March 26, 2024
6. Driveway approaches, sidewalks, curb and gutter or pavement along the project frontage that are lifted, fractured or failing shall be removed and replaced per City standards.
7. All existing public facilities in conflict with new improvements shall be relocated at no cost to the City, with the exception of the driveway reconfiguration on the north side of the subject property. The 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.
8. Prior to issuance of grading or building permits, permit applicant shall submit for approval, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control pollutant run -offs. This WQM P shall identify the structural and non-structural measures detailing implementation of BMP’s whenever they are applicable to the project. The design criteria and templates are can be found online at the City of Buena Park Public Works Engineering Departme nt
(buenapark.com/city_departments/public_works/engineering_services/water_quality_manag ement_plans.php.
9. Prior to the issuance of grading permit for projects that will result in soil disturbance of one acre or more of land, a copy of the Notice of Intent (NOI) and assigned Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be submitted to the City. Projects subject to this requirement shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the approved SWPPP by the State Water Resources Control Board shall be kept at the project site and be made available for the City upon request. The assigned WDID number must appear on the cover sheet of the grading plan.
10. The proposed trash enclosure shall accommodate bins for organic, recycling, and trash per Senate Bill 1383.
PERMIT ISSUANCE CONDITIONS:
11. 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. The fee amounts are specified in the City Fee Schedule.
12. Before exercising any right or performing any obligation pursuant to any permit issued by the Public Works Department, the developer/contractor shall obtain a City Business License and submit required insurance certificates.
13. A Transportation Hauling permit shall be obtained to operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximums specified in the California Vehicle Code (CVC) and the Caltr ans Transportation Permit Manual.
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 a period of one (1) year, for all public facilities and improvements.
Resolution No. ______
Site Plan No. SP-24-3
March 26, 2024
15. Prior to the grant of occupancy by the City or commencement for the approved use, all improvements required by the Public Works Department shall be completed.
CONSTRUCTION CONDITIONS:
16. The applicant/contractor shall be responsible for protecting all existing horizontal and vertical survey controls. Any survey controls disturbed during construction shall be reset per Orange County Surveyor Standards after construction.
17. All trash collection services needed during construction or after project completion shall be obtained from the City’s authorized provider.
18. 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.
19. An Engineered Grading and Utility Certification shall be certified by the project engineer.
Each phase of construction, fill and soil compaction, rough grading including pad elevations, final grading, utilities, and Water Quality Management Plan shall be certified by the project engineer and submitted to the City.
20. Prior to issuance of occupancy, applicant shall demonstrate all structural BMPs have been constructed in conformance with the approved WQMP.
ORANGE COUNTY FIRE AUTHORITY
Plan Submittal: 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.
1. Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required:
a. Fire Master Plan (service code PR145)
b. Alternate methods and materials (AM&M) request (PR910) for access, hose pull and aerial staging deficiencies consistent with the approved conceptual design provided to OCFA on November 15, 2023.
2. Prior to issuance of a building permit:
a. Architectural (service codes PR200-PR285)
b. Use of firewalls to separate the structure into separate buildings. c. All stairwells to reach roof level.
d. Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475)
e. Fire sprinkler system (service codes PR400-PR465)
3. Prior to concealing interior construction:
a. Fire alarm system (service code PR500-PR520)
b. Emergency voice/alarm communication system
Resolution No. ______
Site Plan No. SP-24-3
March 26, 2024
c. Hood and duct extinguishing system for commercial kitchen equipment if proposed (service code PR335)
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.
4. 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 th e 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.
5. Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on -site. Call OCFA Inspection Scheduling at (714) 573 -6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection.
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 the California Building Code.
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. It is recommended that the applicant submit the geotechnical report to the City early in the design phase to avoid delays later in the project.
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.
7. All portions of the proposed building above the first story shall maintain a minimum 12 foot setback from any overhead power lines.
Resolution No. ______
Site Plan No. SP-24-3
March 26, 2024
8. New buildings 10,000 square feet and over, shall require a completed commissioning plan in accordance with Section 5.410 of the California Green Building Standards Code.
POLICE DEPARTMENT CONDITIONS OF APPROVAL
1. Prior to certificate of occupancy, the developer shall install closed-circuit security cameras in the common open spaces and parking areas (covered and uncovered) with a minimum 90- day retention schedule.
PLANNING DIVISION
1. This approval shall be for the construction of a 6 -story, 140-room hotel with variances from the Entertainment Corridor Specific Plan development standards for building height, parking and landscape setbacks on a 1.45-acre parcel located at 7860 Beach Boulevard in substantial compliance with plans stamped “RECEIVED NOV. 17, 2023 PLANNING DIV.”, except as modified herein.
2. Concurrent with the plan submittal to Building Plan Check, the developer shall submit color and material samples for the exterior of the building to the Planning Division. Exterior materials provided shall match the material callouts shown on the approved plans or a comparable alternative.
3. Concurrent with the plan submittal for Building Plan Check, the developer shall submit a site photometric plan that depicts the equivalent of (1) foot -candle minimum illumination throughout the parking areas. 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. Lighting fixtures shall be decorative in nature and complement the building design/architecture.
4. All landscaped areas shall be separated from adjacent vehicular areas by a masonry wall or cement concrete curb a minimum of 6-inches in height, or by cement 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.
5. Concurrent with the plan submittal for Building Plan Check, the plans shall include design for the proposed trash enclosure. The trash enclosure shall be designed to match the architectural design of the building including materials and coloration, and pai nted to match the building.
6. All required new utility services, equipment, including transformers, gas meter, “J” boxes, and similar devices shall be screened with landscaping as shown on the conceptual landscape plans.
7. Landscaping/irrigation/sprinkler plans shall be submitted to the Planning Division for review and be approved prior to the issuance of building permits. Landscaping as approved and provided with an automatic and permanent sprinkler system shall be considered a part of this plan and shall be installed and maintained as a condition of the use. 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 No. SP-24-3
March 26, 2024
8. Landscaping shall consist of a variety of trees, shrubs (15-gallon minimum) and groundcover, generally consistent with the conceptual planting plan stamped RECEIVED NOV 17, 2023 PLANNING DIV."
9. Dead or dying plants or trees shall be promptly replaced with plants or trees, as applicable, comparable in size and species. All irrigation shall be on an electronic timer and shall be maintained in fully operable, non-leaking condition.
10. An ornamental masonry wall, a minimum of 6 -feet-high, measured from the highest finished grade, shall be constructed, and maintained along the north, south and east perimeter property lines (adjacent to properties zoned RM – Medium Density Multifamily Residential).
Standard gray or pink block CMU shall not be considered as ornamental masonry. No block wall construction s hall occur until a grading plan has been approved by the Public Works Department if required. Double walls shall be avoided if possible, and if not possible, the gap between all double walls shall be sealed to the satisfaction of the City. All existing block walls to remain shall be repaired as necessary and painted to match the project color scheme.
11. All required double check valve assemblies located within public view shall be strategically screened using landscaping or fencing to the satisfaction of the Community and Economic Development Director.
12. The applicant and/or property owner shall ensure that a copy of the Planning Commission resolution of approval be reproduced on the first page of construction drawings and shall be distributed to all design professionals, contractors, and subcontractors pa rticipating in the construction phase of the project.
13. If any legal action or other proceeding is instituted by a third party or parties, other governmental entity or official challenging the validity of any provision of the Project Approvals, environmental determination, or entitlements, Owner and City shall cooperate in defending any such action. City shall notify Owner of any such legal action against City within ten (10) working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Owner immediately upon receipt of notice thereof. Owner shall indemnify, hold harmless and defend City, and its officers, employees or agents with respect to any claim or lawsuit brought to challenge the validity or enforcement of the Project Approvals, the Nega tive Declaration, or this Development Agreement, instituted by a third party or another governmental entity or official; provided, however, that if the City fails to cooperate in the defense, Owner shall not thereafter be responsible for City's defense. Owner shall pay all of City's defense costs including, without limitation, court costs, attorneys' fees, and expert witness fees. Owner shall promptly pay all monetary awards, judgments, verdicts, court costs, and attorneys' fees that may be awarded in such action. City shall be entitled to select counsel to conduct its defense in any such action; provided, however, that City shall instruct such counsel to cooperate with Owner as provided herein.
Resolution No. ______
Site Plan No. SP-24-3
March 26, 2024
PASSED AND ADOPTED this day of by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
_______________________
Mayor
ATTEST:
___________________________
City Clerk
Resolution No. ______
Site Plan No. SP-24-3
March 26, 2024
AFFIDAVIT OF ACCEPTANCE:
I/ We do hereby accept all of the conditions contained in this document and all other conditions imposed by Site Plan No. SP -24-3 and do agree that I/We shall conform with and abide by all such conditions.
Date:
Printed Name and Signature
Owner / Applicant
AGENDA DRAFT (MEETING 3.26.24)
1 AGREEMENT FOR THE PURCHASE, SALE AND DEVELOPMENT
OF REAL PROPERTY
7860 BEACH BOULEVARD, BUENA PARK, CALIFORNIA
This AGREEMENT FOR THE PURCHASE, SALE, AND DEVELOPMENT OF REAL PROPERTY (this “ Agreement”) is dated as of March 26 , 2024 (the “ Effective Date ”), and entered into by and between the CITY OF BUENA PARK, a California municipal corporation (“City”), and KB ACQUISITIONS, LLC , a Nevada limited liability company, or its Assigns (“Developer”). At times herein City and Developer are individually referred to as a “ Party” and jointly as “Parties.”
RECITALS
(A) City is owner of certain real property located at 7860 Beach Boulevard, Buena Park, California (APN 136-231-35), as such real property is legally described in Exhibit “A” hereto (the “Property”). City desires to dispose of the Property at fair market value for private development.
(B) Developer has experience and specializes in developing and operating commercial properties, and desires to acquire the Property and develop it with a hotel as is permitted by the land use regulations that govern use and development of the Property.
(C) The Parties previously entered into an Exclusive Negotiating Agreement dated September 27, 2022 (as subsequently extended the “ ENA”) pursuant to which the Parties investigated the feasibility and negotiated the terms and conditions by which Developer might acquire and develop the Property.
(D) The Parties have completed their investigations and negotiations and now desire to enter into this Agreement to memorialize the terms and conditions by which City will sell and Developer will purchase and develop the Property.
NOW THEREFORE, THE PARITES AGREE AS FOLLOWS:
AGREEMENT
1. PURCHASE AND SALE. City agrees to sell the Property to Developer and Developer agrees to purchase the Property from City on the terms and conditions set forth in this Agreement.
2. DEFINITIONS. The capitalized words used throughout this Agreement shall have the meaning given except as the context clearly requires otherwise , including but not limited to the following:
“Assigns” is defined in Section 11.C.
“Closing” means recordation in the Official Records of the Grant Deed, Development Agreement, and Construction Covenants, and the disbursement of funds and distribution or recording of any other documents by the Title Company as described in this Agreement.
AGENDA DRAFT (MEETING 3.26.24)
2 “Confidential Information” is defined in Section 4.G(5)(f).
“Completion Certificate” is defined in Section 5.C.
“Construction Covenants” is defined in Section 4.E.
“Construction Funds” is defined in Section 4.G(5)(e).
“Contingency Date” means the date that is 60 days after the Effective Date .
“Contingency Period” means the period of time between the Effective Date and the Contingency Date.
“Deed of Trust” is defined in Section 4.F(1).
“Deposit” is defined in Section 3.A.
“Effective Date ” means the date on which the last of the Parties has executed this Agreement.
“Escrow” and “Escrow Agent” are defined in Section 4.B.
“Financing Plan” is defined in Section 4.G(5)(c).
“Grant Deed” means the form of grant deed attached in Exhibit “B” conveying the Property from City to Developer.
“Official Records” means the o fficial real property r ecords kept and maintained by the County of Orange, California.
“Opening” means the date City opens Escrow by depositing this Agreement with the Escrow Agent as described in Section 4.B.
“Permitted Exceptions” means the following described conditions and exceptions to title or possession:
i. A lien to secure payment of general and special real property taxes and assessments that accrue on or after the Closing.
ii. A lien of supplemental taxes assessed pursuant to Chapter 3.5 (commencing with Section 75) of the California Revenue and Taxation Code accruing on or after the Closing.
iii. Matters affecting the condition of title created by this Agreement or with consent of Developer.
iv. Other exceptions to title disclosed by the Title Report that have been approved in writing by Developer prior to the end of the Contingency Period.
“Project” is defined in Section 5.A.
AGENDA DRAFT (MEETING 3.26.24)
3 “Project Budget” is defined in Section 4.G(5)(a).
“Project Documents" is defined in Section 9.D.(4).
“Project Entitlements” is defined in Section 4.G(4).
“Purchase Price” is defined in Section 3.
“Release of Construction Covenants” is defined in Section 4.G.
“SLA Covenant” is defined in Section 4.G(3).
“Schedule of Performance” is defined in Section 5.C.
“Sources and Uses Summary” is defined in Section 4.G(5)(b).
“Survey” is defined in Section 4.G(2)(a).
“Termination Costs” is defined in Section 9.A.
“Title Company” is defined in Section 4.B.
“Title Policy” is defined in Section 4.G(2).
“Title Report” is defined in Section 4.G(2)(a).
3. PURCHASE PRICE. The purchase price to be paid by Developer to City in exchange for the Property is Two Million Two Hundred Seventy-Five Thousand Dollars ($2,275,000.00) (the “Purchase Price”), which shall be paid by Developer to City in the manner specified in this Agreement. The Parties agree the Purchase Price is equal to the fair market value of the Property and no discounts, offsets, or subsidies have been provided to Developer.
A. Deposit. Within ten (10) days of the Effective Date , Developer shall deliver funds by check, wire transfer or other means, in the amount of One Hundred Thousand Dollars ($100,000.00) to the Title Company to be deposited in a non-interest-bearing account and held as an earnest money deposit pursuant to the terms of this Agreement (the “Deposit”). The Deposit shall be applied to the Purchase Price at Closing.
B. Payment of Purchase Price. Developer shall pay to City through Escrow the balance of the Purchase Price (i.e., a sum equal to the Purchase Price less the Deposit) in cash, by cashier’s or certified check, or wire transfer at the Closing.
AGENDA DRAFT (MEETING 3.26.24)
4 4. ESCROW AND CONDTIONS TO CLOSING.
A. Escrow Instructions. This Agreement constitutes the joint basic escrow instructions of the Parties for conveyance of the Property by City to Developer. The Parties shall execute, deliver and be bound by any reasonable or customary supplemental or additional escrow instructions of Title Company or other instruments as may be reasonably required by Title Company in order to consummate the transaction contemplated by t his Agreement (“Additional Instruments ”); provided that any conflict between the Additional Instructions and this Agreement must first be approved in writing by the Parties.
B. Opening of Escrow. Within five (5) business days of the Effective Date, City shall open an escrow (“Escrow”) with First American Title Insurance Company (“Title Company,” 18500 Von Karman Avenue, Suite 600, Irvine, CA 92612; Title Officer: Jeanne Gould, Senior Escrow Officer/Escrow Branch Manager ([email protected]) (“Escrow Agent”).
C. Close of Escrow . The Closing shall occur no sooner than the date on which all of the conditions precedent to the Closing as set forth in Section 4.G. below have been satisfied or waived by the Party benefiting from the condition , and no sooner than two (2) days following the satisfaction or waiver of the following additional conditions precedent:
1) City shall have: (a) taken all actions necessary and appropriate relative to enabling the Title Company to issue the Title Policy to Developer subject only to the Permitted Exceptions; and (b) delivered to Escrow the following documents, which may be counterparts, in recordable form as necessary: (i) an original of the Grant Deed executed by City and acknowledged; and (ii) an owner’s affidavit in form and substance acceptable to the Title Company, if required.
2) Developer shall have paid into Escrow the Deposit and the balance of the Purchase Price.
3) Each Party (i.e. both Parties) shall have: (a) delivered to Escrow an original executed copy of the Development Agreement, SLA Covenant, and Construction Covenants, each of which may be executed in counterparts and shall be in recordable form and notarized; (b) completed all of their obligations under this Agreement that are required to be completed prior to the Closing; and (c) d elivered such other documents and funds required of it under this Agreement or reasonably required by Title Company.
4) All representations and warranties of each Party that are true as of the Effective Date shall be and remain true as of the Closing and shall otherwise continue for the time periods set forth in this Agreement.
D. Outside Closing Date . Unless extended by the prior mutual written agreement of the Parties, the Closing shall occur no later than one calendar year after the Effective Date, after such date either Party may terminate this Agreement for convenience pursuant to Section 9.A. The Parties may extend deadlines associated with conditions to Closing listed in Section 4.G. upon mutual written agreement.
AGENDA DRAFT (MEETING 3.26.24)
5 E. Costs of Escrow.
1) City shall pay through Escrow: (i) that portion of the Title Policy premium for standard ALTA owner’s coverage, (ii) all documentary transfer taxes assessed by the County and the City (except as City may be exempt from payment as a governmental entity) , and (iii) one-half (½) of the Title Company’s fee. In addition, City shall pay outside of Escrow all legal and professional fees and costs of attorneys and other consultants and agents retained by City for this transaction.
2) Developer shall pay through Escrow : (i) the balance of the Title Policy premium (including the premium for the ALTA extended coverage and any title endorsements requested by Developer), (ii) all document recording charges, including recording charges for the Grant Deed, (iii) one-half (½) of the Title Company’ fee, and (iv) all charges for the ALTA Survey. In addition, Developer shall pay outside of Escrow all legal and professional fees and costs of attorneys and other consultants and agents retained by Developer for this transaction.
3) All other closing or Escrow costs shall be divided equally between the Parties. Title Company shall provide a preliminary closing statement to the Parties prior to the Closing.
F. Tax Prorations. City shall be liable for and shall pay in full all real property taxes and assessments levied on or incurred by the Property prior to the Closing, provided that City is a local government agency that is exempt from real property taxes and accordingly the Parties anticipate that no such taxes are or will be due or owing. Developer shall be solely and exclusively responsible for any real property taxes or assessments levied on the Property after the Closing.
G. Conditions Precedent to the Closing.
1) Property Due Diligence
a) Contingency Period . It is a condition precedent to the Closing for Developer’s benefit that on or before the Contingency Date Developer has determined, it its sole discretion, that the Property is suitable for Developer’s intended purpose. City shall deliver copies of all non- privileged documents in City’s possession relating to the Property to Developer within ten (10) business days after the Opening. If Developer determines the Property is not suitable, on or before the Contingency Date Developer may terminate this Agreement for convenience pursuant to Section 9.A. Developer’s failure to object during the Contingency Period shall be deemed a n acceptance of the Property’s condition by Developer.
b) Inspections, Testing and Right of Entry. At any time during the Contingency Period Developer may enter and conduct, at Developer’s sole discretion and expense , such inspections and testing of the Property as Developer may desire or deem appropriate to determine the suitability of the Property, and after the Contingency Date for preconstruction planning, surveying, or similar purposes relating to the Project. In conducting such activities Developer shall endeavor to minimize damage to the Property and any improvements, and in the event Escrow fails to close shall return the Property and any improvements to its condition prio r to Developer’s activities; reasonable wear and tear excepted. City grants Developer and its authorized employees, representatives, and agents permission to enter the Property during permitted construction hours AGENDA DRAFT (MEETING 3.26.24)
6 for such purpose. City shall make reasonable arrangements to ensure access by Developer pursuant to this section. Developer shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold City harmless from and against any and all claims, liabilities, damages, costs and expenses arising from, related to or caused by, Developer’s entry upon the Property or the performance of any activities on the Property under this subsection. Before entering exercising rights under this subsection, Developer shall provide City with evidence of insurance of the types, amounts, and with the terms reasonably acceptable to City.
2) Title Matters. It is a condition precedent to the Closing for Developer’s benefit that Title Company be committed to issue Developer at the Closing a standard CLTA owner’s policy of title insurance (“ Title Policy”) in an amount equal to the Purchase Price, showing fee title to the Property subject only to the Permitted Exceptions. Title Company will issue the Title Policy to Developer upon Closing. Developer may instead elect to obtain an extended coverage ALTA owner’s policy of title insurance (“ Extended Policy”) provided that: (1) Developer pays for all additional premiums and any other costs attributable thereto , (2) Developer is solely responsible for any additional requirements for issu ing the Extended Policy (such as an ALTA survey), and (3) issuance of the Extended Policy does not delay the Closing.
a) Title Report, Review and Approval . Within fifteen (15) days of the Effective Date, City shall obtain and shall provide Developer with a preliminary title report for the Property from the Title Company, together with the underlying documents relating to the Schedule B exceptions set forth in such report (collectively, the “ Title Report”). Developer shall have until the end of the Contingency Period to review and approve the Title Report and any ALTA survey (“Survey”). Developer shall notify City in writing on or before the Contingency Date of any disapproved matters in the Title Report and Survey. Any matters not so disapproved shall be a Permitted Exception; provided that Developer expressly objects to any monetary encumbr ances that may appear in the Title Report, all of which shall be removed prior to Closing by City at no cost to Developer. If City fails to remov e any monetary exceptions or obtain affirmative title insurance protection for such exceptions to Developer’s satisfaction within twenty (20) day’s receipt of written notice from Developer , then Developer may advance the cost of removing or satisfying the exception and deduct the cost from the Purchase Price , or alternatively terminate this Agreement for convenience pursuant to Section 9.A with City paying all Termination Costs.
b) Updates Before Closing. If any endorsement or update issued to the Title Report or Survey contains new exceptions other than those initially listed, Developer shall be entitled to object to any such exceptions by a written notice to City within ten (10) days following Developer’s receipt of such endorsement or update. If Developer fails to object on or before such date, Developer shall be deemed to have waived any objection to the new exceptions appearing on such endorsement or update and they shall be deemed to be Permitted Exceptions. If City fails to remove any new exceptions or obtain affirmative title insurance protection for such exceptions to Developer’s satisfaction within twenty (20) day’s receipt of written notice from Developer , then Developer may advance the cost of removing or satisfying the exception and deduct the cost from the Purchase Price, or alternatively terminate this Agreement for convenience pursuant to Section
9.A with City paying all Termination Costs.
AGENDA DRAFT (MEETING 3.26.24)
7 3) Surplus Land Act Compliance . It is a condition precedent to the Closing for City’s benefit that it comply with the requirements of the California Surplus Lands Act (Gov’t Code § 54220 et seq ., the “ SLA”) before disposing of the Property to Developer, as compliance is determined in the sole and absolute discretion of City . Within ten (10) days of the Opening, City shall provide the California Department of Housing and Community Development (“HCD”) with notice of this Agreement in the manner and form required by law. If, prior to the Closing, HCD issues a determination the transaction contemplated by this Agreement violates the SLA, either Party may elect to terminate this Agreement for convenience pursuant to Section 9.A. As required by Government Code section 54233, a covenant or restriction in the form set forth in Exhibit C, or as otherwise directed or accepted by HCD, shall be recorded on the Property at the Closing (“SLA Covenant”).
4) Project Entitlements. City’s issuance of the Project Entitlements (defined below) in a form acceptable to Developer is a condition precedent to the Closing for the mutual benefit of both Parties. If this condition is not satisfied on or before the deadline set forth in the Schedule of Performance, either Party may elect to terminate this Agreement pursuant to Section 9.A.
a) Identification. Developer’s construction and operation of the Project on Property requires issuance of the following land use approvals from City, acting in its governmental and regulatory capacity (cumulatively the “Project Entitlements”): (1) the Buena Park Entertainment Corridor Specific Plan requires that City and Developer enter into a development agreement pursuant to California Government Code section 65865 et. seq .; ( 2) a variance from certain generally applicable development standards of the Buena Park Zoning Code (“Zoning Code”); (3) a Site Plan Review of the building(s) and associated improvements comprising the Project as required by Section 19.128.020 of the Zoning Code ; and ( 4) City’s analysis of the potential environmental impacts of the Project as the “lead agency” under the California Environmental Quality Act (“CEQA”)
b) Application and Consideration. With City’s consent Developer has heretofore submitted applications for the Project Entitlements to City. City, in its governmental and regulatory capacity, will promptly and in good faith review Developer’s applications and exercise lawful discretion to render a final decision to approve, conditionally approve, or deny the Project Entitlements.
c) Vesting of Entitlements. The Closing shall occur no sooner than 90 days after City’s publication of the final decision on the Project Entitlements. d) Cost of Entitlements. Developer shall obtain all entitlements or permits and pay all permit, inspection, development impact , processing, or other fees or costs related to the development of the Project that are required or charged by City or other governmental entity with jurisdiction over the Property. All such requirements, fees and costs shall be based on the published or applicable fees as of the date of the application for the permit or entitlement. e) Limitation of Remedies. The Parties’ right to terminate this Agreement pursuant to Section 9(A) shall be the sole and exclusive remedy should City lawfully condition or deny AGENDA DRAFT (MEETING 3.26.24)
8 Developer’s application for the Project Entitlements, or if Developer declines to accept the final form of Project Entitlements approved by City.
5) Project Financing. It is a condition precedent to the Closing for the mutual benefit of both Parties that Developer have adequate equity, capital, debt, and/or other financing needed to develop the Project as designed in the approved plans. The requirements of this subsection shall be satisfied to the reasonable satisfaction of each Party prior to the Closing.
a) Project Budget. As of the Effective Date , Developer’s good faith estimate of the cost to acquire the Property and develop the Project has been submitted to and is on file with City as of the Effective Date and dated _______ (“Initial Project Budget”).
b) Sources and Uses Summary. No later than the deadline set forth in the Schedule of Performance, Developer shall submit an initial summary of the sources and uses listing generally the capital, debt, and other financial sources intended by Developer to be used to pay for the Project Budget (“Initial Sources and Uses Summary”).
c) Financing Plan. No later than the deadline set forth in the Schedule of Performance, Developer shall submit its financing plan for City’s review demonstrating the sufficiency and availability of the funds necessary to finance the Project Budget (“Financing Plan ”). The Financing Plan shall include the following:
i. An updated Project Budget (“Project Budget”) (including all direct, indirect, and financing costs ) with updates to the Initial Project Budget reflecting adjustments, line-item allocations, revised construction costs or design changes dictated by Construction Contracts, Project Entitlements or building permits.
ii. An updated Sources and Uses Summary with a summary breakdown of costs to develop the Project (“Sources and Uses Summary”).
iii. A copy of commitments obtained by Developer for the lines of credits, loans, grants, or other external financing sources listed in the Sources and Uses Summary, which shall be certified by Developer to be true and correct copies thereof.
iv. A description of any joint ventures, partnerships or conveyances Developer proposes in connection with equity funds listed in the Sources and Uses Summary.
v. A certified financial statement (or alternative equivalent reasonably satisfactory to City) evidencing other sources of capital demonstrating that Developer has adequate funds available and has unconditionally committed such funds to cover the difference, if any, between the funds or capital provided by third-party or external financing sources listed in the Sources and Uses Summary and the Project Budget.
d) City’s Review of Financing Plan . City shall review the Financing Plan. City’s review shall be limited to determining the Financing Plan’s consistency with the Project Budget and Initial Sources and Uses Summary. City’s review of any commitments from external financing sources will be solely to determine the ir validity, the amount, and the terms and timing of the AGENDA DRAFT (MEETING 3.26.24)
9 funding for consistency with this Agreement. If the City finds and determines, on the basis of substantial evidence and in good faith, that the Financing Plan does not comply with the terms or conditions of the Agreement, the City may reject the Financing Plan and notify Developer in writing of the reasons therefor. Developer shall thereafter resubmit a revised Financing Plan to City within 15 days after City 's notification of rejection. If City finds and determines, on the basis of substantial evidence and in good faith, that the revised Financing Plan does not comply with the terms or conditions of the Agreement within 15 days after resubmission by Developer, this Agreement may be terminated by either Party in accordance with the terms of Section 9.A and Developer shall be responsible for any Termination Costs.
e) Availability of Financing at Closing; Modifications. All financing sources listed in the Financing Plan (hereinafter referred to “ Construction Funds ”) shall close by or be unconditionally committed to Developer prior to, or simultaneously with, the Closing. Developer shall submit any material changes to the Financing Plan, including but not limited to any material amendments or material modifications to the Project Budget to City for approval not later than 15 days of Developer receiving information indicating that actual costs of the Project materially vary or will materially vary from the Financing Plan.
f) Confidentiality of Financing Plan. The Financing Plan and other financial information provided by Developer to City in connection with this Agreement (whether in written, graphic, electronic, or any other form) that is clearly marked as “CONFIDENTIAL / PROPRIETARY INFORMATION” by Developer (“Confidential Information”) is and shall be considered by the Parties to be the proprietary and personal financial information of Developer.
The Parties agree the Confidential Information is protected from disclosure to third -parties by applicable law, including but not limited to privacy rights in Cal. Const. art. I, section 1. The Confidential Information shall be kept confidential and not be disclosed by City to a third -party except as may be ordered by a court of competent jurisdiction . City’s use and disclosure of Confidential Information shall be limited to administering , ensuring compliance with , and/or enforcing the terms of this Agreement. All Confidential Information shall be clearly marked as such by Developer and will be uploaded by secure portal to the City Attorney whom is authorized to share Confidential Information with City officials to the extent reasonably necessary in connection with considering the approval of, implementing, or enforcing this Agreement.
6) Project Construction Contracts. It is a condition precedent to the Closing for City’s benefit that at the Closing Developer has in place all construction contracts needed to develop the Project (“Construction Contracts”).
7) Building Permits . It is a condition precedent to the Closing for the benefit of both Parties that Developer be in a position to obtain building permits for the Project at the Closing subject only to the payment of associated fees and costs.
H. Title Company and Escrow Agent Responsibilities. Subject to satisfaction of the conditions precedent to the Closing, Title Company and Escrow Agent, as applicable, are authorized and instructed to:
AGENDA DRAFT (MEETING 3.26.24)
10 1) Use the proceeds of the sale (the funds deposited by Developer representing the Purchase Price), to cause the satisfaction and removal of all exceptions to title to the Property except for the Permitted Exceptions ; provided that before such payments or charges are made, Title Company shall notify City of the terms necessary to satisfy and remove such monetary liens or encumbrances, and City shall approve the disbursement of necessary funds.
2) Pay, and charge Developer and City, respectively, for any fees, charges and costs payable under this Agreement. Before such payments or charges are made, Title Company shall notify Developer and City of the fees, charges and costs necessary to clear title and close Escrow, all of which shall be reflected on the closing statement at Closing.
3) Record the Grant Deed , SLA Covenant, Development Agreement, Construction Covenants, and any other instruments as appropriate, delivered through Escrow.
4) Deliver to each Party copies of all tax withholding form(s).
5) Disburse such other funds and deliver such other documents to the Parties that are entitled thereto.
6) Cause the Title Policy or Extended Policy (as defined below), as applicable, to be issued.
7) Perform and take actions directed in any agreements or escrow instructions between the Parties, if applicable, to the extent not in conflict with this Agreement or otherwise approved by the Parties.
I. Notices. All communications from Title Company and Escrow Agent to Developer or City shall be directed to the addresses and in the manner established in this Agreement for notices, demands and communications between Developer and City, except as may be otherwise directed by the Parties in writing.
5. DEVELOPMENT OF THE PROPERTY
A. The Project. Developer covenants to improve and develop the Project consistent with the Project Entitlements. This covenant to develop the Project is a material inducement for City’s willingness to sell the Property to Developer. After the Closing Developer agrees, at its sole cost and expense, to improve and develop the Property for use as a hotel, currently contemplated as a Hilton Home2Suites-branded hotel, substantially similar to that depicted in the development plans attached to this Agreement Exhibit “ D”, provided that the final project to be developed by Developer on the Property shall be as described in the Project Entitlements and building permits (“the Project”).
B. Cost of Development. Any and a ll costs for engineering, planning, designing, and developing the Project shall be paid for exclusively by Developer from Construction Funds , or additional financing sources secured after the Closing and needed to cover development costs arising during the Period of Construction and in excess of the Project Budget.
AGENDA DRAFT (MEETING 3.26.24)
11 C. Schedule of Performance. Developer agrees that after the Closing it will commence and thereafter diligently pursue construction of the Project to completion in accordance with the timelines established in the "Schedule of Performance" attached hereto as Exhibit “E”, as may be amended from time to time. Completion of construction shall be signified by a final certificate of occupancy issued by the City for all buildings or improvements that are part of the Project (“Completion Certificate ”). The City Manager , in his/her good faith discretion, may grant extension(s) of the Schedule of Performance not exceeding six (6) months in the aggregate, with any longer extensions of time requiring the approval of the Buena Park City Council . Developer, in its discretion, may complete construction of the Project in different phases provided doing so is consistent with the Schedule of Performance and Project Entitlements.
D. Construction Progress Reports . After the Closing and until issuance of a Completion Certificate (“Period of Construction ”), Developer shall provide City with quarterly progress reports, or more frequent updates if City reasonably requires, regarding the status of the construction of the Project.
E. Declaration of Construction Covenants. At the time of execution of the Agreement , City and Developer shall also sign a Declaration of Construction Covenants in the form attached in Exhibit “F” (“Construction Covenants”). Escrow shall record the Construction Covenants on the Property at the Closing. The terms and conditions included in the Construction Covenants shall survive the Closing and shall be released upon City ’s issuance of Completion Certificate.
Following Developer’s completing construction of the Project and subject to City’s issuance of Completion Certificate, City shall, at Developer’s request, execute and provide to Developer a standard form release and reconveyance of the Construction Covenants which Developer may record on the Property (“Release of Construction Covenants”).
F. Taxes and Assessments. During the Period of Construction, Developer shall pay when due all new real estate taxes and assessments associated with the Property. Developer shall not place or allow to be placed on the Property any mortgage, trust deed, encumbrance or lien not authorized by this Agreement, and shall promptly remove or have removed any lien on any of the Property or portion thereof or assure the satisfaction thereof within a reasonable time, but in any event prior to a sale thereunder. Notwithstanding the foregoing, Developer or a successor, transferee, assignee, or tenant may contest the validity or grant of any recorded lien or tax assessment, and provided notice of such intent to contest is provided to the City, and any payment due shall be made immediately upon final resolution of any such contest.
G. No Encumbrance Except for Development Purposes. Mortgages and deeds of trust, or any other reasonable method of security for Construction Funds (“Deed of Trust”) are permitted to be placed upon Developer’s fee interest in the Property and the City hereby acknowledges and consents to the right of the beneficiary or holder of said Deed of Trust ("Lender"). Developer covenants that Developer will not pledge Property as security for any indebtedness except for Construction Funds.
AGENDA DRAFT (MEETING 3.26.24)
12 I. Lender’s Rights in Event of Developer’s Default During Construction Period.
1. Lender Option to Construct Improvements . Should the Developer default on the Construction Covenants during the Period of Construction, the Lender shall have the right, but not the obligation to construct or complete the Project or to guarantee such construction or completion.
Nothing in this Agreement shall be deemed to construe, permit, or authorize Lender to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement. Should Lender desire to exercise its option to construct or complete the Project under this section, Lender must give notice to City within ninety (90) days of Developer default and must execute a written assumption of this Agreement and the Development Agreement.
2. Notice of Default to Lender; Lender’s Right to Cure . If City delivers any notice or demand to Developer with respect to any breach or default of this Agreement during the Period of Construction, City shall, at the same time, deliver to each Lender who has requested in writing said notices from the City, a copy of such notice or demand. Each such Lender shall (insofar as the rights of City are concerned) have the right, at its option after the receipt of the notice or Developer’s cure period, if any, to cure or remedy any such default if the right to cure is provided under the terms of the Deed of Trust , including the option to complete the Project . The Lender may notify the City of its intent to complete the Project within ninety (90) days of Lender’s receipt of City’s notice. The time for a Lender to cure shall be extended, if the Lender has undertaken steps to cure, in which case such tim e will be extended for as long as Lender reasonably needs, providing the Lender is acting diligently. Nothing contained in this Agreement shall be deemed to permit or authorize such Lender to undertake or continue the construction or completion of the Project (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed Developer's remaining obligations to City by written agreement.
3. City Option to Purchase Property Upon Failure of Lender to Complete Improvements.
In any case of an uncured default by Developer of the Construction Covenant , if the Lender has not thereafter timely exercised the option to construct, City may purchase the Deed of Trust from the Lender in the amount of the unpaid debt.
J. City’s Rights in Event of Developer’s Deed of Trust Default During Construction Period.
1. If the ownership of the Property has been vested in the Lender, City may purchase the Property from the Lender upon payment to the holder of an amount equal to the greater of the appraised “as-is” value of the Property, as determined by an independent appraiser mutually selected by the Parties, or the sum of the following:
a) Unpaid Deed of Trust at the time title became vested in the Lender (less all appropriate credits, including those resulting from collection by lender and application of rentals and income received during foreclosure proceedings).
b) All reasonable expenses with respect to foreclosure.
AGENDA DRAFT (MEETING 3.26.24)
13 c) The net expenses, if any (exclusive of overhead), incurred by the Lender as a direct result of the City approved subsequent management of the Project or part thereof.
d) The cost or value, whichever is less, of any City approved improvements made by such Lender.
2. Option of City to Cure Deed of Trust Default. In the event of an uncured default by Developer of any Deed of Trust prior to recordation of the Release of Construction Covenants, and Lender has not exercised its option to complete the Project pursuant to Section 5.I above, City may cure the default prior to completion of any foreclosure. In such event, City shall be entitled to reimbursement from Developer of all costs and expenses incurred by City in curing the default.
City shall also be entitled to a lien upon the Property to the extent of such costs and disbursements.
Any such lien shall be subject to mortgages, deeds of trust or other security instruments executed in accordance with this Agreement.
3. Rights of City to Satisfy Other Liens on the Property After Title Passes . After the conveyance of title of the Property to Developer, and after Developer has had reasonable time to challenge, cure or satisfy any liens or encumbrances on the Property, or any part thereof, City shall have the right to satisfy any such liens or encumbrances, provided however, that nothing in this Agreement shall require Developer to pay or make provision for the payment of any tax, assessment, lien or charge as long as the Developer shall in good faith contest the validity or amount thereof, and provided such delay in payment shall not subject the Property, or part thereof, to forfeiture or sale.
4. Estoppel. City shall from time to time, within 15 days following the receipt of a request by Developer or a Lender with a Deed of Trust secured by the Property, deliver to Developer or such Lender a written statement executed by City in form and substance reasonably satisfactory to Developer and such Lender, (i) stating that this Agreement is in full force and effect and has not been modified or amended (or if modified or amended, setting forth all modifications and amendments), (ii) stating whether or not to the best knowledge of City, Developer is in default under this Agreement and if Developer is in default, setting forth the specific nature of all such defaults, and (iii) as to any other matters reasonably requested by Developer or such Lender. City acknowledges that any statement delivered pursuant to this subsection may be relied upon by any purchaser or owner of all or a portion of the Property and/or any improvements thereon or by a Lender or by any assignee of such Lender or anyone claiming by, under or through such Lender.
H. Rights of Access . For the purposes of assuring compliance with the Construction Covenants, representatives of City shall have the reasonable right of access to the Property . To ensure safety, the City Representative shall request approval for such access with at least twenty- four (24) hour to Developer, such approval shall not be unreasonably delayed, conditioned, or withheld. This right of access described in this subsection shall expire upon the issuance of the Completion Certificate and is in addition to any rights or re medies City may possess as a governmental or law enforcement agency.
AGENDA DRAFT (MEETING 3.26.24)
14 6. ENVIRONMENTAL RELEASE AND INDEMNITY.
A. Environmental Release . Developer, for itself and its successors and assigns, unconditionally releases City from and against any and all liability to Developer, both known and unknown, present and future, for Environmental Damages to Developer arising out of any violation of Environmental Requirements or the presence of Hazardous Material on, under or about the Property (the “ Environmental Release ”), except to the extent of a breach by City of its representations and warranties set forth in this Agreement. With respect to the Environmental Release, Developer, after consultant with legal counsel and will full knowledge of the consequences of its actions, waives the provisions of California Government Code Section 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settleme nt with the debtor or released party.”
____________________ Developer’s Initials
B. Environmental Indemnity.
1) General. Except for a breach of City’s representations or warranties under this Agreement, Developer shall defend, indemnify, and hold City harmless from and against all Environmental Damages arising from the presence of any Hazardous Materials at, in, on, or under the Property, or migrating off the Property (including groundwater), including without limitation:
(a) all claims, lawsuits, dema nds, obligations, investigations, damages (including but not limited to diminution in value of property and related s tigma damages, lost profits and consequential damages), penalties, fines or actions by any federal, state, or local governmental agency (collectively, “Government Claims ”) based on Developer’s or City’s failure to remediate the Property; (b) all claims, lawsuits, demands, obligations, investigations, damages (including but not limited to diminution in value of property and related stigma damages, lost profits and consequential damages), penalties, fines or actions by owners and operators of adjacent and nearby properties or any other persons (collectively, “ Third Party Claims ”); (c) all claims, lawsuits, demands, liabilities, damages, losses, or judgements for personal injury or for injury to real or personal property; all claims, lawsuits, demands, obligations, investigations, damages, penalties, fines or actions by subsequen t owners and operators of the Property or any lenders providing financing with respect to the Property arising from any underlying Government Claims, Third Party Claims, or other claims under (c) above.
2) Defense of Claims. Provided that Developer accepts tender of any reasonable expense or reasonable claim by City without any reservation, Developer shall have the right, in consultation with City, to control on behalf of City any and all negotiations, settlement discussions, investigations, testing, defenses, trials, actions, proceedings, hearings, additional remediation obligations, and other resolutions with all Agencies and third parties arising out of, incidental to, or in connection with Developer’s performance of Developer’s obligations under this Section. If Developer does not accept a tender of any reasonable expense or reasonable claim by City without AGENDA DRAFT (MEETING 3.26.24)
15 reservation, except for a breach of City’s representation on warranties under this Agreement, City shall be entitled to engage in all such matters described in the preceding sentence on its own account, and shall be entitled to recover from Developer the costs of engaging in such matters (including reasonable consultants’ fees and reasonable attorneys’ fees), provided Developer’s denial of liability is adjudicated to be in violation of the terms hereof. Without limiting Developer’s rights as described above , Developer shall undertake reasonable consultation with City with respect to matters materially involving the Property or City.
C. Definitions. For purposes of Section 6 of this Agreement, the following terms have the meanings indicated.
1) “Environmental Damages” means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including , without limitation , reasonable attorneys’ fees and disbursements and consultants’ fees, any of which are incurred at any time as a result of the existence o f Hazardous Material, prior to the Closing, upon, about, beneath the Property or migrating or threatening to migrate to or from the Property, or the existence of a violation of Environmental Requirements pertaining to the Property, regardless of whether th e existence of such Hazardous Material or the violation of Environmental Requirements arose prior to the present ownership or operation of the Property, and including without limitation:
a) Damages for personal injury, or injury to property or natural resources occurring upon or off the Property, foreseeable or unforeseeable, including, without limitation, lost profits, consequential damages, the cost of demolition and rebuilding of any improvements on real property, interest and penalties;
b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or violation of Environmental Requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local government agency or economic use of the Property or any other property in a manner consistent with its current use or otherwise expended in connection with such conditions, and including without limitation any attorneys’ fees, costs and expenses incurred in enforcing this agreement or collecting any sums due hereunder;
c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (ii) herein; and
d) Diminution in the value of the Property, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space or of any amenity of the Property.
AGENDA DRAFT (MEETING 3.26.24)
16 2) “Environmental Requirements” means all applicable present and future statutes regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, depa rtments, commissions, boards, bureaus, or instrumentalities of the United States, states and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human healt h or the environment, including, without limitation:
a) All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of Hazardous Materials, chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport , or handling of chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials or wastes, whether solid, liquid, or gaseous in nature; and
b) All requirements pertaining to the protection of the health and safety of employees or the public.
3) “Hazardous Material” means any substance:
a) the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or
b) which is or becomes defined as a “hazardous waste,” “hazardous substances,” pollutant or contaminant under any federal, state or local statute, regulation, rule or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.); and/or the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); or
c) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of California or any political subdivision thereof; or
d) the presence of which on the Property poses or threatens to pose a hazard to the health or safety of persons on or about the Property; or
e) which contains petroleum, petroleum products or other hydrocarbon substances; or
f) which contains polychlorinated biphenyls (PCB’s), asbestos, urea formaldehyde foam insulation or radon gas.
AGENDA DRAFT (MEETING 3.26.24)
17 D. Commitments Survive Closing. The waivers, releases, and obligations of the Parties in this section shall survive the Closing.
THE FOREGOING SECTION 6 SHALL NOT EXCUSE, RELEASE, OR APPLY TO A BREACH OF CITY’S EXPRESS REPRESENTATIONS IN SECTION 8 OF THIS AGREEMENT OR ANY CLAIMS RESULTING FROM CITY’S INTENTIONAL OR WILLFUL MISCONDUCT, FRAUD, OR GROSS NEGLIGENCE.
7. DEVELOPER’S ACKNOWLEDGMENT AND GENERAL RELEASE.
A. “AS-IS” Sale . Developer acknowledges and agrees that Developer is purchasing the Property in its “AS-IS” condition, without representation or warranty, express or implied, except as set forth in this Agreement or in the Grant Deed; provided, however, that the foregoing shall not relieve City from its obligations under applicable law to disclose material facts about the Property known to City.
B. Waivers and Releases . Except with respect the obligations set forth herein, u pon the Closing the Parties hereby waive to the maximum legal extent any and all claims, remedies and causes of action for damages, liabilities, losses or injuries related to Developer’s acquisition of the Property or City’s sale of the Property, whether known or unknown, foreseeable or unforeseeable.
Each Party, on behalf of itself and its successors and assigns, hereby fully releases the other Party and each of their respective successors, agents, representatives and assigns from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of Developer’s purchase of the Property or City’s sale of the Property.
C. California Civil Code Section 1542. The waivers and releases as between the Parties shall include a waiver of the protections of Civil Code Section 1542. Each Party hereby acknowledges that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel regarding, and represents and warrants that it is familiar with the provisions of, California Civil Code Section 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Each Party acknowledges that with respect to the sale of the Property to Developer, each Party may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, each Party hereby acknowledges, represents and warrants that this Agreement has been negotiated and agreed upon in light of that situation, and hereby waives, t o the maximum legal extent, any rights accruing to it under Section 1542 or other statute or judicial decision of similar effect.
___________ ___________
City’s Initials _______________ ____________Developer’s Initials AGENDA DRAFT (MEETING 3.26.24)
18 D. Commitments Survive Closing . The waivers, releases, and obligations of the Parties in this section shall survive the Closing.
THE FOREGOING SECTION 7 SHALL NOT EXCUSE, RELEASE, OR APPLY TO A BREACH OF EITHER PARTY ’S EXPRESS REPRESENTATIONS IN SECTION 8 OF THIS AGREEMENT OR ANY CLAIMS RESULTING FROM A PARTY’S INTENTIONAL OR WILLFUL MISCONDUCT, FRAUD, OR GROSS NEGLIGENCE.
8. REPRESENTATIONS. Neither Party is relying upon any representations or warranties other than those set out in this Agreement, and the representations and warranties set out in this Agreement constitute all of the representations and warranties of the Parties in regard to this transaction.
A. City’s Representations. City represents and warrants to Developer as follows: (1) Except as otherwise provided in this Agreement, there are no physical or legal facts, circumstances, problems or governmental actions known to City with respect to the Property which, if disclosed to Developer, would materially or adversely impact decisions regarding acquisition and development of the Property; (2) City has no knowledge of any violations of governmental codes, ordinances, regulations or orders with respect to the Property ; (3) City has duly authorized, executed and delivered this Agreement and City has or will authorize, execute and deliver, within the times set forth therefore in the Schedule of Performance any and all other agreements and documents required to be authorized, executed and delivered by City in order to carry out, give effect to and consummate the transaction contemplated by this Agreement ; (4) n either this Agreement nor anything provided to be done hereunder by City violates or shall violate any contract, agreement, or instrument to which City is a party ; (5) there is no su it, legal action, administrative arbitration or other proceeding or governmental investigation process which has been served upon City or, which to City’s actual knowledge, is otherwise pending or threatened against City in which any party is making or has made a claim or defense that, if sustained, would materially and adversely affect the performance of City under this Agreement or materially and adversely interfere with the ability of City to consummate the transactions contemplated herein ; and (6) each of the foregoing items ( 1) through ( 5) shall be deemed to be an on -going representation and warranty and shall survive in perpetuity. City shall advise Developer in writing, if there is any change pertaining to any matters set forth or referenced in the foregoing items ( 1) through (5).
B. Developer’s Representations. Developer represents and warrants to City as follows: (1) Immediately following the approval of this Agreement by City, Developer will commence work on the Project Entitlements and will diligently pursue the Project to completion in accordance with the Schedule of Performance ; (2) Developer has duly authorized, executed and delivered this Agreement and Developer has or will authorize, execute and deliver, within the times set forth therefore in the Schedule of Performance any and all other agreements and documents required to be authorized, executed and delivered by Developer in order to carry out, give effect to and consummate the transaction contemplated by this Agreement ; (3) neither this Agreement nor anything provided to be done hereunder by Developer violates or shall violate any contract, agreement, or instrument to which Developer is a party; (4) Developer has valid and enforceable franchise rights to develop the Project contemplated by the Agreement ; (5); this Agreement is a valid and binding agreement enforceable against Developer in accordance with its terms, subject AGENDA DRAFT (MEETING 3.26.24)
19 to laws relating to bankruptcy and creditor’s rights and generally applicable equitable principles ; (6) there is no suit, legal action, administrative arbitration or other proceeding or governmental investigation process which has been served upon Developer or, which to Developer’s actual knowledge, is otherwise pending or threatened against Developer in which any party is making or has made a claim or defense that, if sustained, would materially and adversely affect the performance of Developer under this Agreement or materially and adversely interfere with the ability of Developer to consummate the transactions contemplated herein; (7) Developer possesses adequate financial resources and capacity, necessary franchises, and has the skill and experience to acquire the Property and develop the improvements thereon that are contemplated by this Agreement; (8) Developer has secured adequate equity, capital, debt, and/or other financing needed to developing the Project; (9) Developer is entering into this Agreement for the purpose of developing the Property with the Project and not for speculation in land holding or land banking ; (10) Developer recognizes the fact that the qualifications and identity of Developer are of particular concern to City and that it is because of such qualifications and identity that City is entering into this Agreement with Developer; and (10) each of the foregoing items ( 1) through ( 9) shall be deemed to be an on -going representation and warranty. Developer shall advise City in writing if there is any change pertaining to any matters set forth or referenced in the foregoing items ( 1) through (9).
9. TERMINATION, DEFAULTS AND REMEDIES.
A. Termination for Convivence Prior to Closing. Either Party may terminate this Agreement for convenience on the grounds permitted in this Agreement. Except as provided otherwise herein the Party so terminating shall pay any Title Company termination fees and charges, if any (collectively, “ Termination Costs ”) and the Deposit shall be returned to Developer minus any Termination Costs due by Developer. Upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for the obligation to pay Termination Costs as provided herein, shall cease and terminate.
B. Breach Prior to Closing. In the event either Party violates any obligation hereunder which it is obligated is to perform prior to the Closing, and fails to cure such violation within 14 business days after receipt of written notice from the other Party , then, in addition to pursuing any other rights or which the Party may have at law or in equity, the Party may terminate this Agreement and the Escrow by giving notice, in writing, of such termination to the defaulting Party and Title Company. In the event of a termination by City because of a breach by Developer, the Deposit shall be paid to City as liquidated damages for Developer’s failure or breach, as City’s sole and exclusive remedy, and Developer shall be liable for Termination Costs which shall be paid directly by Developer into Escrow with City retaining the entire Deposit. In the event of a termination by Developer because of a breach by City, the City shall be liable for Termination Costs which shall be paid directly by City into Escrow with the entire Deposit being returned to Developer.
IF CLOSING FAILS TO OCCUR SOLELY BECAUSE OF A PARTY’S
DEFAULT, THE NON -DEFAULTING PARTY WILL BE DAMAGED AND WILL BE
ENTITLED TO COMPENSATION FOR THOSE DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. EACH
PARTY DESIRES T O LIMIT THE AMOUNT OF DAMAGES FOR WHICH THEY AGENDA DRAFT (MEETING 3.26.24)
20 MIGHT BE LIABLE SHOULD IT BREACH THIS AGREEMENT. BOTH DEVELOPER
AND CITY WISH TO AVOID THE COSTS AND LENGTHY DELAYS THAT WOULD
RESULT IF A PARTY FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF THIS AGREEMENT. IF CLOSING FAILS TO OCCUR BECAUSE OF A PARTY’S DEFAULT, THEN THE DEPOSIT AND/OR TERMINATION COSTS, AS
ALLOCATED ABOVE, SHALL BE DEEMED TO CONSTITUTE A REASONABLE AND FINAL ESTIMATE OF A PARTY’S DAMAGES AND SHALL BE RETAINED BY THE
NON-DEFAULTING PARTY AS LIQUIDATED DAMAGES AS THE NON - DEFAULTING PARTY’S SOLE AND EXCLUSIVE REMEDY FOR BREACHES OF THIS AGREEMENT THAT RE SULT IN A FAILURE OF THE CLOSING. CITY AND
DEVELOPER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE
PROVISIONS OF THIS SECTION AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.
THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH
LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369,
BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO NON - DEFAULTING PARTY PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
THIS SECTION SHALL APPLY ONLY TO BREACHES OF THIS AGREEMENT
THAT PREVENT OR RESULT IN A FAILURE OF THE CLOSING, AND SHALL NOT OPERATE TO LIMIT OR OTHERWISE RESTRICT THE PARTIES’ RIGHTS AND REMEDIES RELATING TO OTHER DISPUTES.
__________________ ___________________
DEVELOPER’S INITIALS CITY’S INITIALS
C. Return of Funds and Documents; Release of Liability as to Title Company . In the event Title Company terminates this Escrow as a result of having received notice, in writing, from Developer or City of its election to terminate the Escrow on grounds permitted herein, then Title Company shall terminate the Escrow and return all funds, less Termination Costs as appropriate, as set forth in Section 9.A. Any documents in the possession of the Title Company shall be returned to the Party who deposited those documents into Escrow. Further, the Parties hereby release Escrow Holder, and shall hold Escrow Holder free and harmless, from all liabilities associated with such termination excepting for Escrow Holder’s obligations to return funds and documents as provided herein.
D. Developer Breach After Closing and Prior to Completion Certificate . In the event Developer, after Closing and prior to City’s issuance of a Completion Certificate, fails or declines to pursue construction, development, and opening of the Project as required by this Agreement, or otherwise breaches a material provision hereof, and Developer fails to cure such breach within 30 days after receipt of written notice from City, or if the cure takes longer than 30 days, if Developer fails to commence to cure such breach within said 30 days and diligently pursues the cure without AGENDA DRAFT (MEETING 3.26.24)
21 interruption until complete, then, in addition to pursuing any other rights or remedies which City may have at law or in equity, City may, at City’s option, exercise the rights set forth in this Section
9.D by giving notice, in writing, of such election to Developer.
1) Option to Repurchase; Reenter and Repossess. Upon an uncured default of Developer described in Section 9.D above, City shall have an option to repurchase, reenter and take possession of any portion of the Property then owned by Developer with all improvements then- existing thereon. From and after the issuance of a Completion Certificate for the Project the remedies set forth in this subsection shall no longer be available to City under any circumstance.
The issuance of a Completion Certificate or recorded Release of Construction Covenants shall be conclusive evidence that the rights under this Section 9.D have been terminated.
2) Priority of City Rights . City’s option to repurchase at fair market value , reenter and repossess the Property, to the extent provided in this Agreement, shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit:
(a) Any Deed of Trust permitted by this Agreement; or
(b) Any rights or interest provided in this Agreement for the protection of a Lender.
3) Cost to Exercise. To exercise its option to repurchase, reenter and take possession with respect to the Property owned by Developer, City shall pay to Developer in cash an amount equal to:
(a) The Purchase Price; plus
(b) The reasonable documented costs actually expended by Developer in constructing the Project at the time of the repurchase, reentry and repossession; less
(c) Any gains or income withdrawn or made by Developer from the Property; less
(d) The value of any unpaid liens or encumbrances on the Property which City assumes or takes subject to said encumbrances.
4) Developer Cooperation Upon Breach . In the event City exercises remedies contained in this Section 9.D Developer agrees to reasonably cooperate and not interfere with efforts by City to obtain ownership or access to the plans and specifications, permits and /or other approvals in connection with the Project, as well as applications for permits or approvals not yet obtained but needed to complete construction of the Project (collectively, the "Project Documents"); provided however, that any use of the Project Documents by City or any other person shall be without liability of any kind to Developer and without any representation or warranty of Developer or its employees as to the quality, validity, or usability of the Project Documents.
E. No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this agreement or provided for under any applicable law, neither Party shall, in any event, be liable to the other Party, either in contract, tort or otherwise, for any consequential, incidental, indirect, AGENDA DRAFT (MEETING 3.26.24)
22 special or punitive damages from such other person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the default or alleged breach hereof, whether or not the possibility of s uch damages has been disclosed to the other party in advance or could have been reasonably foreseen by such other Party.
10. NOTICES AND DEMANDS. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested or (iii) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different comple te address for itself by notice similarly given.
Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given b y registered or certified mail, such as notices delivered by personal delivery or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent.
To City: City of Buena Park
Buena Park City Hall
ATTN: City Manager
6650 Beach Boulevard
Buena Park CA 90622
With Copy To: Christopher G. Cardinale, City Attorney
ALVAREZ-GLASMAN & COLVIN
13181 Crossroads Pwky North – Suite 400
City of Industry, CA 91746
To Developer: C/o Kingsbarn Realty Capital, LLC
1645 Village Center Circle, Suite 200
Las Vegas, NV 89131
ATTN: General Counsel
11. MISCELLANEOUS.
A. Environmental Clearance. Before approving and entering into this Agreement, City has analyzed the Project against the requirements of the California Environmental Quality Act (“CEQA”) and found, based on the evidence in the administrative record before it, that approving this Agreement and the sale of the Property to Developer for the Project is exempt from the requirements of CEQA pursuant to Section 15332 of the CEQA Guidelines. Full and complete CEQA analysis, noticing, documentation and public review will be undertaken by the appropriate lead agency prior to approval of the Project Entitlements; which are a condition precedent to the Closing. As a result, CEQA compliance is a condition precedent to City approving the Project Entitlements, the Closing and performance of this Agreement. The approval of this Agreement AGENDA DRAFT (MEETING 3.26.24)
23 shall not commit City to the approval of the Project Applications or Project Entitlements, limit the scope of CEQA analysis , including, but not limited to , project mitigation measures and the consideration of project alternatives, including a no -project alternative. The provisions of this subsection shall not in any way limit, hinder or affect the discretion of City to review CEQA documents and impose mitigation measures, alter the Project from that described in the Project Applications, or deny the Project Applications in consideration of adverse environmental impacts.
All costs associated with the CEQA process shall be paid by City.
B. Confidentiality of Developer’s Information. Subject to City's legal obligations, including under the Public Records Act, City agrees to handle all financial, proprietary, or other confidential information regarding Developer obtained pursuant to this Agreement , including without limitation the Confidential Information, with confidentiality. Disclosure of information by City shall not be prohibited if that disclosure is of information that is or becomes a matter of public record or public knowledge as a result of the closing of the transaction or from sources other than City or its agents, employees, contractors, consultants or attorneys.
C. Prohibition Against Transfer, Change in Ownership, Management and Control of Developer. Developer’s identity, experience, and capacity to complete the Project are important to City. Prior to issuance of a final certificate of occupancy for the Project, Developer may not assign this Agreement without the City’s written consent, which will not be unreasonably withheld or delayed, and any such assignment may only be to (“Assigns”): (1) an affiliated entity that is under the common control or ownership of the Developer provided that: (a) written notice to City is given at least fourteen (14) days in advance of such assignment , and (b) submitted with the written notice to City is reasonably verifiable documentary evidence demonstrating that the proposed Assign(s) is an affiliated entity that is under the common control or ownership of the Developer and possesses similar capacity to financing and complete construction of the Project as was demonstrated by Developer prior to the Closing ; or (2) a third -party that is not under the common control or ownership of Developer provided that: (a) written notice to City is given at least thirty (30) days in advance of such assignment , and (b) submitted with the written notice to City is reasonably verifiable documentary identifying the proposed Assignee (and all individual owners or partners thereof) and evidence demonstrating that the proposed Assign(s) possesses substantially similar development experience, asset portfolio, and financing capacity as Developer, and that funds necessary to complete construction of the Project have been or upon assignment will be unconditionally committed to the Assign(s).
D. Conflicts of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. No member, official or employee of City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by City, or for any amount which may become due to Developer or successor or on any obligations under the terms of this Agreement.
Developer warrants that it has not paid or given, and will not pay or give, any third person any money, campaign contribution, or other consideration for obtaining this Agreement, nor provided any gift, contribution, income, or other benefit to an official or employee of City that creates a conflict of interest under California law, except to the extent such conflict was disclosed on the AGENDA DRAFT (MEETING 3.26.24)
24 record and avoided (e.g. through the non -participation of the recipient official) in the manner required by law.
E. Brokers and Sales Commissions. City has not engaged any real estate broker or agent with respect to this Agreement. If Developer does engage a real estate broker or agent in connection with marketing or soliciting interest in the Property, Developer shall be responsible for all fees, commissions, costs and expenses of any broker, and shall indemnify, protect, defend and hold harmless City and its successors hereunder from and against any and all claims, liabilities, obligations, losses, damages, costs and expenses, including, without limitation, reasonable attorney’s fees, court costs and litigation expenses, arising from or in connection with any sales or brokerage commissions, finder’s fees or other commissions which are (or are claimed to be) payable in connection with the transaction which is the subject of this Agreement by reason of the actions (or alleged actions) of Developer.
F. Survival of Covenants . Except as otherwise expressly provided herein, the covenants, representations and warranties of both Developer and City set forth in this Agreement, the Grant Deed, Declaration of Construction Covenants , and Development Agreement shall survive recordation of each of the foregoing and the Close of Escrow.
G. Required Actions of Developer and City. Developer and City agree to execute such instruments and documents and to diligently undertake such actions as may be reasonably required in order to consummate the purchase and sale herein contemplated and shall use commercially reasonable efforts to accomplish the Closing in accordance with the provisions hereof.
H. Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof in which time is a factor. If the date for performance of any obligation hereunder or the last day of any time period provided for herein shall fall on a Saturday, Sunday or legal holiday, then said date for performance or time period shall expire on the first day thereafter which is not a Saturday, Sunday or legal holiday in the locality (State of California, City of Buena Park) where the Property is located.
I. Counterparts. This Agreement may be executed in multiple counterparts and delivered as originals, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
J. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agre ement or any provision hereof.
K. No Obligations to Third Parties. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties to, any person or entity other than the Parties and, to the extent this Agreement constitutes escrow instructions, the Title Company.
AGENDA DRAFT (MEETING 3.26.24)
25 L. Exhibits and Attachments. The Exhibits attached hereto are hereby incorporated herein by this reference.
M. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.
N. Applicable Law. All questions with respect to this Agreement, and the rights and liabilities of the Parties and venue hereto, shall be governed by the laws of the State of California. Any and all legal actions sought to enforce the terms and provisions of the Agreement shall be brought in the courts of the County of Orange.
O. Assignment. Neither Party shall assign this Agreement to any party without the prior written consent of the other Party, unless otherwise permitted under Section 12.C.
P. Successors and Assigns . This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto.
Q. Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.
R. Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agree ment, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction o r otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting thereof.
S. Legal Fees. Each Party shall be responsible for payment of its own attorney’s fees with respect to negotiation and preparation of this Agreement and processing of the escrow. However, if either Party to this Agreement shall breach its representations or warranties h ereunder or shall fail to fulfill or perform any of its covenants or obligations in this Agreement and a legal action is commenced, the non-prevailing party shall pay the costs of litigation, including, without limitation, reasonable attorneys' f ees and expert witness fees, that may be incurred to enforce the terms, covenants, conditions and provisions of this Agreement, or to prove that no breach or misrepresentation occurred.
T. Fees and Other Expenses . Except as otherwise provided herein, each of the Parties shall pay its own fees and expenses in connection with this Agreement.
U. Entire Agreement . This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Developer and City as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to an employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby.
AGENDA DRAFT (MEETING 3.26.24)
26 V. Amendments to this Agreement . The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto.
W. No Partnership, Third Person . It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between City and Developer except as specifically provided herein. No term or provision of this Agreement is intended to benefit any person, partnership, corporation or other.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by and through their duly authorized representatives as of the date of the last of their signatures below.
DEVELOPER: CITY:
KB ACQUISITIONS, LLC,
a Nevada limited liability company
By: _______________________
Jeffrey A. Pori, Manager
CITY OF BUENA PARK, a California
municipal corporation
By: ________________________
Aaron France,
City Manager
APPROVED AS TO FORM:
By: ________________________
Christopher G. Cardinale,
City Attorney
AGENDA DRAFT (MEETING 3.26.24)
27 ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ___________________, before me, ____________ _____, Notary Public, personally appeared ________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
AGENDA DRAFT (MEETING 3.26.24)
28 ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ___________________, before me, ____________ _____, Notary Public, personally appeared ________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
AGENDA DRAFT (MEETING 3.26.24)
29 EXHIBIT “A” - PSA
LEGAL DESCRIPTION OF THE PROPERTY
AGENDA DRAFT (MEETING 3.26.24)
30 EXHIBIT “B” - PSA
GRANT DEED
RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
City of Buena Park
[TO BE ADDED]
APN:
(Space Above this Line For Recorder’s
Use)
GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the CITY OF BUENA PARK, a California municipal corporation (“Grantor”), hereby GRANTS to ______________________ (“Grantee”), that certain real property at ______________in the City of Buena Park, County of Orange, State of California, more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference together with all right, title and interest of Grantor in and to all buildings and improvements located thereon (“Property”).
THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO:
1) Non-delinquent general and special real property taxes, assessments and supplemental assessments, if any, for the current fiscal year;
2) All covenants, conditions, restrictions, encumbrances, agreements, reservations, rights, rights-of-way, dedications, offers of dedication, easements and other matters of record, apparent, visible from an inspection of the Property, and/or which an accurate survey of the Property would disclose, or known to Grantee.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed on this ___ day of ______, 2024, at Buena Park, California.
CITY OF BUENA PARK, a California municipal corporation
By: _________________________
Aaron France, City Manager
AGENDA DRAFT (MEETING 3.26.24)
31 ALL PURPOSE ACKNOWLEDGMENT (SELLER)
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ________, before me, _________________, personally appeared ----------------------------------------, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
AGENDA DRAFT (MEETING 3.26.24)
32 Exhibit A to Grant Deed
[Legal Description of Property]
AGENDA DRAFT (MEETING 3.26.24)
33 Exhibit “C” - PSA
SLA COVENANT
DECLARATION OF SURPLUS LAND ACT COVENANTS
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO,
AND MAIL TAX STATEMENTS TO:
City of Buena Park
Attn: DIRECTOR OF COMMUNITY
DEVELOPMENT
6650 Beach Boulevard
Buena Park, CA 90622
Assessor’s Parcel No.:
This Declaration of Surplus Land Act Covenants (“Declaration”) is entered into as of this ___ day of _____, 2024, by and between the CITY OF BUENA PARK, a California municipal corporation (“City”), and KB ACQUISITIONS, LLC , a Nevada limited liability company, (“Developer”), with reference to the following facts:
RECITALS
A. City and Developer have entered into that certain Agreement for the Purchase, Sale and Development of Real Property dated March 26, 2024 (“Purchase Agreement”), pursuant to which, and subject to the terms and conditions stated therein, City agreed to sell to Developer and Developer agreed to purchase from City that certain real property located at 7860 Beach Boulevard, Buena Park, California (Orange County Assessor Parcel No. APN 136-231-35 and legally described in Exhibit “A” hereto, the “Property”).
B. In compliance with the California Surplus Lands Act (Cal. Gov’t (Gov’t Code § 54220 et seq., the “SLA”), and specifically Section 54233 thereof, Developer and City agree to the terms and conditions of this Declaration and direct it to be recorded on Property as a condition precedent to the Closing of Escrow under the Purchase Agreement.
NOW THEREFORE, City and Developer (individually hereinafter at times a “Party” and jointly the “Parties”) agree as follows:
1. DEFINITIONS. All capitalized terms not defined herein shall have the meaning set forth in the Purchase Agreement, a copy of which is available for inspection and copying at the City’s offices located 6650 Beach Blvd., Second Floor, Buena Park, California 91062
2. RESTRICTIVE COVENANT. The Property is subject to a restrictive covenant that if ten (10) or more residential units are developed on the Property, not less than 15 percent of the total AGENDA DRAFT (MEETING 3.26.24)
34 number of residential units developed on shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing from the date of recordation of this Grant Deed. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision ( c) of Section 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor -in-interest who continue s the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.
4. TERM OF DECLARATION. This Declaration shall expire and terminate only upon: (1) the final order of a court of competent jurisdiction; or (2) a future changes or amendments to the SLA or California law that make or render this Declaration unenforceable.
5. MISCELLANEOUS
(a) Recording. This Declaration shall be recorded as a condition of and at the Closing of Escrow for Developer’s purchase of the Property from City and shall be recorded junior only to the grant deed by which Buyer takes title except as subordination to construction financing is contemplated in the Agreement.
(b) Binding on Successors . This Declaration shall run with the land and be binding upon and shall inure to the benefit of the Parties and their successors and assigns for the term hereof.
(c) Amendments. This Declaration may be amended or modified only by a written instrument signed by both Parties and recorded in the Official Records of Orange County.
(d) No Waiver. Any waiver by City of any term or provision of this Declaration must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Declaration or applicable law. No failure or delay by City at any time to require strict performance by Buyer of any provision of the Agreement or this Declaration or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.
(e) Notices. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested or (iii) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different complete address for itself by notice similarly given. Any notice AGENDA DRAFT (MEETING 3.26.24)
35 so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent.
To City: City of Buena Park
Buena Park City Hall
ATTN: City Manager
6650 Beach Boulevard
Buena Park CA 90622
With Copy To: Christopher G. Cardinale, City Attorney
ALVAREZ-GLASMAN & COLVIN
13181 Crossroads Pwky North – Suite 400
City of Industry, CA 91746
To Buyer:
With Copy To:
(f) Action by City. Except as may be otherwise specifically provided herein or limited by law , whenever any approval, notice, direction, consent or request by City is required or permitted under this Declaration, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the City Council.
(g) Governing Law; Venue. This Declaration shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Orange County, California.
(h) Attorneys’ Fees and Costs . If any legal or administrative action is brought to interpret or enforce the terms of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.
(i) Severability. If any provision of this Declaration is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
AGENDA DRAFT (MEETING 3.26.24)
36 IN WITNESS WHEREOF, the Parties have executed this Agreement and Declaration of Restrictive Covenants as of the date first written above.
DEVELOPER: CITY:
KB ACQUISITIONS, LLC,
a Nevada limited liability company
By: _______________________
Jeffrey A. Pori, Manager
CITY OF BUENA PARK, a California
municipal corporation
By: ________________________
Aaron France,
City Manager
AGENDA DRAFT (MEETING 3.26.24)
37 ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ___________________, before me, ____________ _____, Notary Public, personally appeared ________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
AGENDA DRAFT (MEETING 3.26.24)
38 ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ___________________, before me, ____________ _____, Notary Public, personally appeared ________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
AGENDA DRAFT (MEETING 3.26.24)
39 Exhibit A – SLA Covenant
Legal Description of Property
AGENDA DRAFT (MEETING 3.26.24)
40 EXHIBIT “D” - PSA
PRELIMINARY SITE PLAN
[Attach Site Plan dated 9.22.23, Sheet Number AS 1.00, owned by Kingsbarn Realty Capital, owner’s representative PBR Consulting Services, LLC, project name Home2Suites Buena Park California, California licensed architect Patrick James Klenk]
AGENDA DRAFT (MEETING 3.26.24)
41 EXHIBIT “E” - PSA
PRELIMINARY PROJECT SCHEDULE
Item To Be Performed Time to Perform / Deadline
Agreeme
nt
Reference
1. Execution of Purchase & Sale
Agreement (“PSA”) to trigger
"Effective Date”
N/A N/A
2. Opening Escrow Effective Date + 5 business days 4.A.
3. City Files SLA Documents with
HCD
Effective Date + 10 days 4.G(3)
4. City Discloses Property-Related
Documents to Developer
Effective Date + 10 business days 4.G(2)(a)
5. City Discloses Preliminary Title
Report
Effective Date + 15 days
6. Developer Submits Initial Sources
and Uses Summary
Effective Date + 60 days 4.G(5)(b)
7. Developer’s Contingency Date Effective Date + 60 days 2
8. City’s Issuance / Developer Obtain
Project Entitlements
90 days before Closing 4.G(4)
9. Developer Completes Design
Work
January 1, 2025 5.C
10. Developer Submits Financing Plan Before Closing 4.G(5)(c)
11. Developer Applies for Building
Permits
March 1, 2025 5.C
12. Closing of Escrow (Outside
Closing Date)
Effective Date + 1 year 4.D
13. Building Permit Issuance September 1, 2025 5.C.
14. Construction Start January 1, 2026 5.C
15. Construction Complete /
Certificate of Completion Issued
January 1, 2029 5.C.
AGENDA DRAFT (MEETING 3.26.24)
42 EXHIBIT “F” - PSA
DECLARATION OF CONSTRUCTION COVENANTS
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO,
AND MAIL TAX STATEMENTS TO:
City of Buena Park
Attn: DIRECTOR OF COMMUNITY
DEVELOPMENT
6650 Beach Boulevard
Buena Park, CA 90622
Assessor’s Parcel No.:
This Agreement and Declaration of Land Use Covenants and Restrictions (“Declaration”) is entered into as of this ___ day of _____, 2024, by and between the CITY OF BUENA PARK, a California municipal corporation (“ City”), and _________________ (“ Developer”), with reference to the following facts:
RECITALS
A. City and Developer have entered into that certain Agreement for the Purchase, Sale and Development of Real Property dated ________________, 2024 (“Purchase Agreement”), pursuant to which, and subject to the terms and conditions stated therein, City agreed to sell to Developer and Developer agreed to purchase from City that certain real property located at _______________, Buena Park, California (Orange County Assessor Parcel No. _____________ and legally described in Exhibit “A” hereto, the “Property”).
B. As a material inducement and part of the consideration for City’s agreement to sell the Property to Developer, and as a condition to the Closing of Escrow under the Purchase Agreement, Developer and City agree to the terms and conditions of this Declaration , and desire to provide notice of certain terms and remedies in the Purchase Agreement by way of this Declaration.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is expressly acknowledged, and intending to be legally bound, City and Developer (individually hereinafter at times a “Party” and jointly the “Parties”) agree as follows:
1. DEFINITIONS. All capitalized terms not defined herein shall have the meaning set forth in the Purchase Agreement.
2. NOTICE TO INTERESTED PARTIES OF CONSTRUCTION COVENANTS. The Purchase Agreement, a copy of which is available for inspection and copying at the City’s offices located 6650 Beach Blvd., Second Floor, Buena Park, California 91062, contains certain AGENDA DRAFT (MEETING 3.26.24)
43 development covenants running with title to the Property, including but not limited to those set forth below (all section references are to the Agreement), with all such development covenants being expressly into this Declaration even if not listed below:
3. DEVELOPMENT OF THE PROPERTY
A. The Project. Developer covenants to improve and develop the Project consistent with the Project Entitlements. This covenant to develop the Project is a material inducement for City’s willingness to sell the Property to Developer. After the Closing Developer agrees, at its sole cost and expense, to improve and develop the Property for use as a hotel, currently contemplated as a Hilton Home2Suites-branded hotel, substantially similar to that depicted in the development plans attached to this Agreement Exhibit “D” , provide d that the final project to be developed by Developer on the Property shall be as described in the Project Entitlements and building permits (“the Project”).
B. Cost of Development. Any and a ll costs for engineering, planning, designing, and developing the Project shall be paid for exclusively by Developer from Construction Funds, or additional financing sources secured after the Closing and needed to cover development costs arising during the Period of Construction and in excess of the Project Budget.
C. Schedule of Performance. Developer agrees that after the Closing it will commence and thereafter diligently pursue construction of the Project to completion in accordance with the timelines established in the "Schedule of Performance" attached hereto as Exhibit “E”, as may be amended from time to time. Completion of construction shall be signified by a final certificate of occupancy issued by the City for all buildings or improvements that are part of the Project (“Completion Certificate ”). The City Manager , in his/her good faith discretion, may grant extension(s) of the Schedule of Performance not exceeding six (6) months in the aggregate, with any longer extensions of time requiring the approval of the Buena Park City Council . Developer, in its discretion, may complete construction of the Project in different phases provided doing so is consistent with the Schedule of Performance and Project Entitlements.
D. Construction Progress Reports . After the Closing and until issuance of a Completion Certificate (“ Period of Construction ”), Developer shall provide City with quarterly progress reports, or more frequent updates if City reasonably requires, regarding the status of the construction of the Project.
E. Declaration of Construction Covenants. At the time of execution of the Agreement , City and Developer shall also sign a Declaration of Construction Covenants in the form attached in Exhibit “F” (“Construction Covenants”). Escrow shall record the Construction Covenants on the Property at the Closing. The terms and conditions included in the Construction Covenants shall survive the Closing and shall be released upon City ’s issuance of Completion Certificate.
Following Developer’s completing construction of the Project and subject to City’s issuance of Completion Certificate, City shall, at Developer’s request, execute and provide to Developer a standard form release and reconveyance of the Construction Covenants which Developer may record on the Property (“Release of Construction Covenants”).
AGENDA DRAFT (MEETING 3.26.24)
44 F. Taxes and Assessments. During the Period of Construction, Developer shall pay when due all new real estate taxes and assessments associated with the Property. Developer shall not place or allow to be placed on the Property any mortgage, trust deed, encumbrance or lien not authorized by this Agreement, and shall promptly remove or have removed any lien on any of the Property or portion thereof or assure the satisfaction thereof within a reasonable time, but in any event prior to a sale thereunder. Notwithstanding the foregoing, Developer or a successor, transferee, assignee, or tenant may contest the validity or grant of any recorded lien or tax assessment, and provided notice of such intent to contest is provided to the City, and any payment due shall be made immediately upon final resolution of any such contest.
G. No Encumbrance Except for Development Purposes. Mortgages and deeds of trust, or any other reasonable method of security for Construction Funds (“Deed of Trust”) are permitted to be placed upon Developer’s fee interest in the Property and the City hereby acknowledges and consents to the right of the beneficiary or holder of said Deed of Trust ("Lender"). Developer covenants that Developer will not pledge Property as security for any indebtedness except for Construction Funds.
I. Lender’s Rights in Event of Developer’s Default During Construction Period.
1. Lender Option to Construct Improvements . Should the Developer default on the Construction Covenants during the Period of Construction, the Lender shall have the right, but not the obligation to construct or complete the Project or to guarantee such construction or completion.
Nothing in this Agreement shall be deemed to construe, permit, or authorize Lender to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement. Should Lender desire to exercise its option to construct or complete the Project under this section, Lender must give notice to City within ninety (90) days of Developer default and must execute a written assumption of this Agreement and the Development Agreement.
2. Notice of Default to Lender; Lender’s Right to Cure . If City delivers any notice or demand to Developer with respect to any breach or default of this Agreement during the Period of Construction, City shall, at the same time, deliver to each Lender who has requested in writing said notices from the City, a copy of such notice or demand. Each such Lender shall (insofar as the rights of City are concerned) have the right, at its option after the receipt of the notice or Developer’s cure period, if any, to cure or remedy any such default if the right to cure is provided under the terms of the Deed of Trust, including the option to complete the Project . The Lender may notify the City of its intent to complete the Project within ninety (90) days of Lender’s receipt of City’s notice. The time for a Lender to cure shall be extended, if the Lender has undertaken steps to cure, in which case such time will be extended for as long as Lender reasonably needs, providing the Lender is acting diligently. Nothing contained in this Agreement shall be deemed to permit or authorize such Lender to undertake or continue the construction or completion of the Project (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed Developer's remaining obligations to City by written agreement.
3. City Option to Purchase Property Upon Failure of Lender to Complete Improvements.
In any case of an uncured default by Developer of the Construction Covenant , if the Lender has AGENDA DRAFT (MEETING 3.26.24)
45 not thereafter timely exercised the option to construct, City may purchase the Deed of Trust from the Lender in the amount of the unpaid debt.
J. City’s Rights in Event of Developer’s Deed of Trust Default During Construction Period.
1. If the ownership of the Property has been vested in the Lender, City may purchase the Property from the Lender upon payment to the holder of an amount equal to the greater of the appraised “as -is” value of the Property, as determined by an independent appraiser mutually selected by the Parties, or the sum of the following:
a) Unpaid Deed of Trust at the time title became vested in the Lender (less all appropriate credits, including those resulting from collection by lender and application of rentals and income received during foreclosure proceedings).
b) All reasonable expenses with respect to foreclosure.
c) The net expenses, if any (exclusive of overhead), incurred by the Lender as a direct result of the City approved subsequent management of the Project or part thereof.
d) The cost or value, whichever is less, of any City approved improvements made by such Lender.
2. Option of City to Cure Deed of Trust Default. In the event of an uncured default by Developer of any Deed of Trust prior to recordation of the Release of Construction Covenants, and Lender has not exercised its option to complete the Project pursuant to Section 5.I above, City may cure the default prior to completion of any foreclosure. In such event, City shall be entitled to reimbursement from Developer of all costs and expenses incurred by City in curing the default.
City shall also be entitled to a lien upon the Property to the extent of such costs and disbursements.
Any such lien shall be subject to mortgages, deeds of trust or other security instruments executed in accordance with this Agreement.
3. Rights of City to Satisfy Other Liens on the Property After Title Passes . After the conveyance of title of the Property to Developer, and after Developer has had reasonable time to challenge, cure or satisfy any liens or encumbrances on the Property, or any part thereof, City shall have the right to satisfy any such liens or encumbrances, provided however, that nothing in this Agreement shall require Developer to pay or make provision for the payment of any tax, assessment, lien or charge as long as the Developer shall in good faith contest the validity or amount thereof, and provided such delay in payment shall not subject the Property, or part thereof, to forfeiture or sale.
4. Estoppel. City shall from time to time, within 15 days following the receipt of a request by Developer or a Lender with a Deed of Trust secured by the Property, deliver to Developer or such Lender a written statement executed by City in form and substance reasonably satisfactory to Developer and such Lender, (i) stating that this Agreement is in full force and effect and has not been modified or amended (or if modified or amended, setting forth all modifications and amendments), (ii) stating whether or not to the best knowledge of City, Developer is in default AGENDA DRAFT (MEETING 3.26.24)
46 under this Agreement and if Developer is in default, setting forth the specific nature of all such defaults, and (iii) as to any other matters reasonably requested by Developer or such Lender. City acknowledges that any statement delivered pursuant to this subsection may be relied upon by any purchaser or owner of all or a portion of the Property and/or any improvements thereon or by a Lender or by any assignee of such Lender or anyone claiming by, under or through such Lender.
H. Rights of Access . For the purposes of assuring compliance with the Construction Covenants, representatives of City shall have the reasonable right of access to the Property . To ensure safety, the City Representative shall request approval for such access with at least twenty- four (24) hour to Developer, such approval shall not be unreasonably delayed, conditioned, or withheld. This right of access described in this subsection shall expire upon the issuance of the Completion Certificate and is in addition to any rights or remedies City may possess as a governmental or law enforcement agency.
3. NOTICE TO INTERESTED PARTIES OF REMEDY FOR DEVELOPER BREACH .
Section 9.D of the Purchase Agreement states:
D. Developer Breach After Closing and Prior to Completion Certificate . In the event Developer, after Closing and prior to City’s issuance of a Completion Certificate, fails or declines to pursue construction, development, and opening of the Project as required by this Agreement, or otherwise breaches a material provision hereof, and Developer fails to cure such breach within 30 days after receipt of written notice from City, or if the cure takes longer than 30 days, if Developer fails to commence to cure such breach within said 30 days and diligently pursues the cure without interruption until complete, then, in addition to pursui ng any other rights or remedies which City may have at law or in equity, City may, at City’s option, exercise the rights set forth in this Section
9.D by giving notice, in writing, of such election to Developer.
1) Option to Repurchase; Reenter and Repossess. Upon an uncured default of Developer described in Section 9.D above, City shall have an option to repurchase, reenter and take possession of any portion of the Property then owned by Developer with all improvements then- existing thereon. From and after the issuance of a Completion Certificate for the Project the remedies set forth in this subsection shall no longer be available to City under any circumstance.
The issuance of a Completion Certificate or recorded Release of Construction Covenants shall be conclusive evidence that the rights under this Section 9.D have been terminated.
2) Priority of City Rights . City’s option to repurchase at fair market value , reenter and repossess the Property, to the extent provided in this Agreement, shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit:
(a) Any Deed of Trust permitted by this Agreement; or
(b) Any rights or interest provided in this Agreement for the protection of a Lender.
3) Cost to Exercise. To exercise its option to repurchase, reenter and take possession with respect to the Property owned by Developer, City shall pay to Developer in cash an amount equal to:
AGENDA DRAFT (MEETING 3.26.24)
47 (a) The Purchase Price; plus
(b) The reasonable documented costs actually expended by Developer in constructing the Project at the time of the repurchase, reentry and repossession; less
(c) Any gains or income withdrawn or made by Developer from the Property; less
(d) The value of any unpaid liens or encumbrances on the Property which City assumes or takes subject to said encumbrances.
4) Developer Cooperation Upon Breach . In the event City exercises remedies contained in this Section 9.D Developer agrees to reasonably cooperate and not interfere with efforts by City to obtain ownership or access to the plans and specifications, permits and /or other approvals in connection with the Project, as well as applications for permits or approvals not yet obtained but needed to complete construction of the Project (collectively, the "Project Documents"); provided however, that any use of the Project Documents by City or any other person shall be without liability of any kind to Developer and without any representation or warranty of Developer or its employees as to the quality, validity, or usability of the Project Documents.
4. TERM OF DECLARATION. This Declaration and City’s rights and remedies set forth herein and the Agreement shall expire and terminate upon the issuance of a final certificate of occupancy for the Project. Following the issuance of such final certificate of occupancy City shall execute a standard form release and reconveyance that may be recorded by Buyer to remove this Declaration from title.
5. MISCELLANEOUS
(j) Recording. This Declaration shall be recorded as a condition of and at the Closing of Escrow for Developer’s purchase of the Property from City and shall be recorded junior only to the grant deed by which Buyer takes title except as subordination to construction financing is contemplated in the Agreement.
(k) Binding on Successors . This Declaration shall run with the land and be binding upon and shall inure to the benefit of the Parties and their successors and assigns for the term hereof.
(l) Amendments. This Declaration may be amended or modified only by a written instrument signed by both Parties and recorded in the Official Records of Orange County.
(m) No Waiver. Any waiver by City of any term or provision of this Declaration must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Declaration or applicable law. No failure or delay by City at any time to require strict performance by Buyer of any provision of the Agreement or this Declaration or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.
AGENDA DRAFT (MEETING 3.26.24)
48 (n) Notices. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested or (iii) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different complete address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inabili ty to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent.
To City: City of Buena Park
Buena Park City Hall
ATTN: City Manager
6650 Beach Boulevard
Buena Park CA 90622
With Copy To: Christopher G. Cardinale, City Attorney
ALVAREZ-GLASMAN & COLVIN
13181 Crossroads Pwky North – Suite 400
City of Industry, CA 91746
To Buyer:
With Copy To:
(o) Action by City. Except as may be otherwise specifically provided herein or limited by law , whenever any approval, notice, direction, consent or request by City is required or permitted under this Declaration, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the City Council.
(p) Governing Law; Venue. This Declaration shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Orange County, California.
(q) Attorneys’ Fees and Costs . If any legal or administrative action is brought to interpret or enforce the terms of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.
AGENDA DRAFT (MEETING 3.26.24)
49 (r) Severability. If any provision of this Declaration is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
IN WITNESS WHEREOF, the Parties have executed this Agreement and Declaration of Restrictive Covenants as of the date first written above.
DEVELOPER: CITY:
KB ACQUISITIONS, LLC,
a Nevada limited liability company
By: _______________________
Jeffrey A. Pori, Manager
CITY OF BUENA PARK, a California
municipal corporation
By: ________________________
Aaron France,
City Manager
AGENDA DRAFT (MEETING 3.26.24)
50 ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ___________________, before me, ____________ _____, Notary Public, personally appeared ________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
AGENDA DRAFT (MEETING 3.26.24)
51 ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ___________________, before me, ____________ _____, Notary Public, personally appeared ________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
AGENDA DRAFT (MEETING 3.26.24)
52 Exhibit “A” – Construction Covenants
LEGAL DESCRIPTION OF THE PROPERTY
TRASH
BEACH BOULEVARD
UP
UP UP
UP
(E) 2-STORY
MULTI-FAMILY
RESIDENTIAL
(E) 2-STORY
MULTI-FAMILY
RESIDENTIAL
(E) 2-STORY
MULTI-FAMILY
RESIDENTIAL
COVERED
PARKING
(E) 2-STORY
MULTI-FAMILY
RESIDENTIAL
(E) 2-STORY
MULTI-FAMILY
RESIDENTIAL
EXISTING
RESTAURANT
(CHO SUN OK)
EXISTING RESTAURANT
(LUXOR BANQUET HALL)
COVERED
PARKING
6-STORY HOTEL
140 GUESTROOMS, FITNESS CENTER
& SWIMMING POOL
ENTRANCE
LOBBY
DROP-OFF
POOL
EQUIP
POOL
MECH
STO.
FIRE
PUMP
WATER
HEATER
ELEC
ROOM PBX
HOTEL
VAN &
LOAD
ZONE
TRANSFORMER
GENERATOR
140'-0"
753" TO
INTERSECTION℄OF ROAD
55'-0"
62'-0"
COVERED
PARKING
(E) 1-STORY
BUILDING
110'-0"
CONCEPT ONLY
FOR REVIEW:
SUBJECT TO CHANGE
4052 Dean Martin Drive , Las Vegas, NV. 89103 ph:702.878.0000 fax:702.878.8430 PHASE - ENTITLEMENT; REVISION 1 : 09.22.2023
REVISION DESCRIPTION
CHECKED BYDRAWN BY
PROJECT NUMBER
ISSUE DATE
SCALE
DATE
AS NOTED
05.26.2023
22066
CFML
FOR PLAN
REVIEW ONLY
SUBMITTAL
NUMBER
LEGAL OWNER
SHEET NUMBER
SHEET NAME
KINGSBARN REALTY
CAPITAL
1645 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
PHONE: 702-410-5225
OWNER REPRESENTATIVE
22060 - BUENA PARK-HOME 2 SUITES
CONSULTANT TEAM
PBR CONSULTING
SERVICES, LLC
2260 CORPORATE CIRCLE, SUITE 490
HENDERSON, NEVADA 89074
PHONE: 702-882-6711
PROJECT NAME
HOME 2 SUITES
BUENA PARK
CALIFORNIA
7860 BEACH BOULEVARD
BUENA PARK, CALIFORNIA 90620
1 09.22.2023
04.30.2025
AS1.00
SITE PLAN
SCALE:
NORTH
1" = 20'-0"
0' 20' 40'10'
CHAIR JUDEH
VICE CHAIR DAVIS
COMMISSIONER CHOI
COMMISSIONER DIEP
COMMISSIONER PATINO
Wednesday, February 28, 2024, 6:30 PM
Council Chamber
6650 Beach Boulevard
Buena Park, CA 90621
** Revised **
PLANNING COMMISSIONAGENDA
6:30 p.m.
VIDEO CONFERENCE PARTICIPATION (Zoom)https://zoom.us/j/91021758773?pwd=c2hyUjRpVlhWN1cyaGQ5d01pd3ExQT09 MEETING ID: 910 2175 8773 PASSCODE: 134895 Conference Call: (669) 900-6833
SPECIAL NOTICE REGARDING PUBLIC MEETINGSOn September 13, 2022, Governor Newsom signed Assembly Bill 2449, which permits Planning Commission Members to participate inPlanning Commission Meetings via teleconferencing for emergency circumstances or just cause reasons. Videoconferencing allows the Cityto continue to conduct essential business and comply with Public Health Administration recommendations to protect the public and Cityemployees and limit exposure. Please be advised that some Planning Commission Members may attend this meeting via videoconference.The public has the following options to provide comments during the meeting:
OPTION 1: IN-PERSONThe public may attend this meeting in-person. Those wishing to speak are asked to add their speaker information at the digital kiosk located atthe entrance of the Council Chamber. Comments are limited to no more than three minutes each.
OPTION 2: VIA EMAILMembers of the public may submit their comments in writing by sending them to the Planning Division at [email protected] submit all comments and questions by 5:00pm on the day of the meeting. All comments and questions will be read during themeeting.
OPTION 3: VIRTUALLY (VIA ZOOM)
Zoom Conference Call: (669) 900-6833
You may request to speak by dialing *9 from your phone when the designated public comment period, as listed on the agenda, has been opened. After City staff confirms the last three digits of the caller’s phone number or Zoom ID and unmutes you, the caller must press *6.
Callers are encouraged, but not required, to identify themselves by name. Each caller has three (3) minutes to speak.
Zoom Virtual Participationhttps://zoom.us/j/91021758773?pwd=c2hyUjRpVlhWN1cyaGQ5d01pd3ExQT09MEETING ID: 910 2175 8773 PASSCODE: 134895 Virtually “raise your hand” when the designated public comment period, as listed on the agenda has been opened. Wait to be called on byCity staff, unmute your audio, your name and city of residency is requested, but not required. Each participant has three (3) minutes to speak.
In compliance with the Americans with Disabilities Act, if you need accommodations to participate in this meeting, please contact the PlanningDivision at (714) 562-3620. Notification at least 48 hours prior to the meeting will enable the City to make arrangements to assureaccessibility.
All regular meetings of the Planning Commission are available on the City’s website at www.buenapark.com. Please contact the PlanningDivision at (714) 562-3620 for any questions. 1: GENERAL
1A. CALL TO ORDER
1B. ROLL CALL
1C. PLEDGE OF ALLEGIANCE
2: ORAL COMMUNICATIONS
2A. ORAL COMMUNICATIONS
This is the portion of the meeting set aside to invite public comments regarding any matter within the jurisdiction of the Planning Commission. Public comments are limited to no more than three minutes each. Those wishing to speak are asked to add their information at the digital kiosk located at the entrance of the Council Chamber. Those wishing to speak using the videoconferencing feature are asked to raise their hand now by either dialing *9 or the raise hand feature.
3: CONSENT CALENDAR
3A. APPROVAL OF MINUTES
— February 14, 2024
4: NEW BUSINESS
5: PUBLIC HEARING
5A. DEVELOPMENT AGREEMENT NO. DA-23-1, SITE PLAN NO. SP-24-3, AND VARIANCE NO. V-23-2 A request to allow the development of a new six-story, 140-room hotel and associated amenities at 7860 Beach Boulevard within the Entertainment Corridor Specific Plan (ECSP) Sub-District C1 (Tourist Commercial, Lodging & Entertainment). The project is Categorically Exempt, pursuant to CEQA Section 15332 (Class 32 In-Fill Development Projects).
— RECOMMENDED ACTION: Adopt Resolutions recommending City Council approval 5B. SITE PLAN NO. SP-22-30
A request to allow the development of a four (4) story 9,854 square-foot office building, required off-street parking, landscaping, and other site improvements located at 7911 Orangethorpe Avenue. The project is Categorically Exempt, pursuant to Section 15332 (In-Fill Development Projects) Class 32 of the California Environmental Quality Act (CEQA) Guidelines.
— RECOMMENDED ACTION: Adopt Resolution approving Site Plan No. SP-22-30 5C. TEXT AMENDMENT NO. C-24-3 - TO BE CONTINUED TO MARCH 13, 2024 A recommendation to the City Council to consider a revision within Title 19 (Zoning) of the Buena Park Municipal Code (BPMC) regarding development standards for fences and walls in the Commercial and Industrial zones Section
19.528 (Fences, Walls, Hedges, and Berms) citywide. The project is Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and Categorical Exemption Class 3 Section 15303(e)(New Construction or Conversion of Small Structures) of the CEQA Guidelines. — RECOMMENDED ACTION: Continue the item to regularly scheduled meeting on March 13, 2024. 5D. TEXT AMENDMENT NO. C-24-2
A recommendation to the City Council to consider a revision within Title 19 (Zoning) of the Buena Park Municipal Code (BPMC) regarding development standards for Accessory Dwelling Units, Section 19.348.010 (Accessory Dwelling Units and Junior Accessory Dwelling Units) citywide. The project has Statutory Exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code CEQA Guidelines.
— RECOMMENDED ACTION: Adopt Resolution recommending City Council approval 6: AGENDA FORECAST
7: STAFF REPORTS
8: COMMISSION REPORTS
9: ADJOURNMENT
This agenda contains a brief general description of each item to be considered. Supporting documents are available for review and copying atCity Hall or at www.buenapark.com. Supplementary materials distributed to the Planning Commission less than 72 hours before the meetingare posted to the City’s website at www.buenapark.com and copies are available for public inspection beginning the next regular business dayin the City Clerk’s Office. Video streaming of the meeting is available on the City’s website. This governing body is prohibited from discussingor taking action on any item which is not included in this agenda; however, may ask clarifying questions, ask staff to follow-up, or provide otherdirection. The order of business as it appears on this agenda may be modified by the governing body.
In compliance with the Americans with Disabilities Act, if you need accommodations to participate in this meeting, contact the City Clerk’s Office at (714) 562-3750 or the California Relay Service at 711. Notification at least 48 hours prior to the meeting will enable the City to make arrangements to assure accessibility.
If you would like to participate in any matter of business on the agenda and would like translation in Chinese, Korean, Spanish, Tagalog, or Vietnamese, please contact the Planning Division at (714) 562-3620 48-hours prior to the meeting. Residents requiring translation during Oral Communications are encouraged to bring interpreters. 시의제 목록에 있는 정식 안건에 대해 의견을 발표하고 싶으신 경우, 중국어, 한국어, 스패니쉬, 타갈로에 대한 통역사가 필요하시면 시미팅 48 시간전 시서기 오피스로 (714-562-3750) 연락하시면 됩니다. 정식안건이 아닌 주민 발언시간에 발표하실 경우, 본인의 통역사를 직접 모시고 오시면 감사하겠습니다.
Si le gustaría participar en audiencia pública o cualquier asunto de negocios programado en la agenda y necesita traducción en chino, coreano, español, tagalo o vietnamita, comuníquese con la Oficina del Secretario de la Ciudad, 48 horas antes de la reunión al (714) 562-3750. Para participar en los comentarios públicos sobre cualquier otro asunto dentro de la jurisdicción del ayuntamiento, se les recomienda que traiga un intérprete.
I, Ruth Santos, City of Buena Park, do hereby certify, under penalty of perjury under the laws of the State of California that a full and correctcopy of this agenda was posted pursuant to Government Code Section 54950 et. seq., at Buena Park City Hall, 6650 Beach Blvd., anduploaded to the City of Buena Park website www.buenapark.com.
Ruth Santos Sr. Administrative Assistant
Date Posted: February 23, 2024
Minutes of the Planning Commission Meeting of February 28. 2024 Vol. 32 - Page No.
6942
CITY OF BUENA PARK
MINUTES OF CITY PLANNING COMMISSION
February 28, 2024
The regular meeting of the Planning Commission of the City of Buena Park convened at 6:30 p.m. on February 28, 2024, in the City Council Chamber, 6650 Beach Boulevard, Buena Park, California, with Chair Judeh presiding.
PRESENT: COMMISSIONERS: Choi, Davis, Diep, Patiño, and Judeh
Matt Foulkes, Director of Community and Economic Development Swati Meshram, Ph.D., AICP, LEED AP, Planning Manager
Harald Luna, Senior Planner
Ian McAleese, Senior Planner
John W. Lam, Assistant City Attorney
Deepthi Arabolu, P.E., T.E., Assistant City Engineer
Ray Tae, Senior Office Assistant
Ruth Santos, Senior Administrative Assistant
1. GENERAL
1A. CALL TO ORDER
1B. ROLL CALL
1C. PLEDGE OF ALLEGIANCE
2. ORAL COMMUNICATIONS
None
3. CONSENT CALENDAR
2A. APPROVAL OF MINUTES – February 14, 2024 Planning Commission M e e t i n g
R E C O M M E N D E D A C T I O N : A p p r o v e
Commissioner Diep moved and Commissioner Judeh seconded the motion to approve the minutes with changes and clarifications submitted to staff.
The motion carried unanimously.
AYES: 5 COMMISSIONERS: Diep, Judeh, Choi, Davis, and Patiño
NOES: 0 COMMISSIONER:
ABSENT: 0 COMMISSIONER:
ABSTAINED: 0 COMMISSIONER:
Minutes of the Planning Commission Meeting of February 28. 2024 Vol. 32 - Page No.
6943
4. NEW BUSINESS
None
5. PUBLIC HEARING
5A. DEVELOPMENT AGREEMENT NO. DA-23-1, SITE PLAN NO. SP-24-3. AND VARIANCE NUMBER V-23-2 - A request to allow the development of a new six-story, 140- room hotel and associated amenities at 7860 Beach Boulevard within the Entertainment Corridor Specific Plan (ECSP) Sub-District C1a (Tourist Commercial, Lodging & Entertainment). The project is Categorically Exempt, pursuant to CEQA Section 15332 (Class 32 In-Fill Development projects). The project applicant is PBR Consulting Services on behalf of KB Acquisitions, LLC.
Assistant City Attorney advised and Chair Judeh recused herself from this item due to possible conflict of interest because she previously worked for the organization whose members are present at this meeting to speak on the project.
Mr. Foulkes presented the staff report.
Commissioner Choi asked about the color scheme of the hotel. Commissioner Patiño asked if the City has received comments about the size of the building and the shadow that it will cast over the adjacent homes during the winter months. He also asked how many jobs will be created by the hotel, and other economic benefits to the City after the hotel is completed.
Mr. Foulkes said the City has not received any comments about possible effects of the building height on adjacent homes from the public on this item. Regarding the economic benefits to the City, he said the hotel will generate revenues through the Transient Occupancy Tax (TOT). The hotel will also provide lodging for tourists who visit Knott’s Berry Farm and attractions/restaurants in the City.
Vice Chair Davis opened the public hearing
Jonas Payne, applicant, described the hotel as an extended stay Hilton-branded flag, with larger rooms/suites and kitchenettes that can accommodate visiting families, and stated that Mr. Foulkes will provide the Commission with jobs data after the meeting. He said those are the brand colors and the applicant is open to other suggestions.
Juan Munoz Guevara, Coordinator, Local 11 Hospitality Workers Union, spoke in opposition of the project and about the housing crisis and the need to utilize public assets for the common good.
Elizabeth Galindo, introduced herself as a housekeeper at the Anaheim Hilton, and spoke about the need for affordable housing in the City, so that workers like her can live close to work.
Ada Tomayo, organizer, United Local 11, spoke about the struggles of local workers like her to find affordable housing in the City. In closing, she stated that public lands should be used for housing, instead of hotels.
Minutes of the Planning Commission Meeting of February 28. 2024 Vol. 32 - Page No.
6944
Vice Chair Davis asked if the applicants and Mr. Foulkes wished to respond to the speakers. The applicants and Mr. Foulkes stated that they had no further response.
Vice Chair Davis closed the public hearing.
The Planning Commission stated that the proposed hotel is an appropriate use for this location, along Beach Boulevard, with a designation of Entertainment Corridor Specific Plan Zone (ECSP) in order to draw people to the City. Having multi-family housing in the ECSP zone would not be a good idea.
Commissioner Diep moved and Vice Chair Davis seconded the motion to adopt the Resolutions recommending City Council approval.
AYES: 4 COMMISSIONERS: Diep, Davis, Choi, and Patiño
NOES: 0 COMMISSIONER:
ABSENT: 0 COMMISSIONER:
RECUSED: 1 COMMISSIONER: Judeh
RESOLUTION NO. 6325
DEVELOPMENT AGREEMENT NO. DA-23-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF BUENA PARK RECOMMENDING THAT THE CITY COUNCIL
APPROVE DEVELOPMENT AGREEMENT NO. DA-23-1 TO
DEVELOP A SIX-STORY, 140-ROOM HOTEL WITH
ASSOCIATED PARKING AND SITE IMPROVEMENTS AT 7860
BEACH BOULEVARD (APN: 136-231-35) WITHIN THE
ENTERTAINMENT CORRIDOR SPECIFIC PLAN (ECSP), SUB-
DISTRICT C1-A, AND AUTHORIZING THE MAYOR TO EXECUTE
THE SAME ON BEHALF OF THE CITY OF BUENA PARK
RESOLUTION NO. 6326
SITE PLAN NO. SP-24-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF BUENA PARK RECOMMENDING THAT THE CITY COUNCIL
APPROVE A SITE PLAN REVIEW FOR THE DEVELOPMENT OF A
SIX-STORY, 140-ROOM HOTEL AND AMENITIES AT 7860 BEACH
BOULEVARD, WITHIN THE ECSP (ENTERTAINMENT CORRIDOR
SPECIFIC PLAN) LAND USE SUB-DISTRICT C-1A, AND MAKING
FINDINGS IN SUPPORT THEREOF
Minutes of the Planning Commission Meeting of February 28. 2024 Vol. 32 - Page No.
6945
RESOLUTION NO. 6327
VARIANCE NO. V-23-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF BUENA PARK RECOMMENDING THAT THE CITY COUNCIL
APPROVE VARIANCE NO. V-23-2 TO ALLOW FOR A REDUCTION
IN REQUIRED OFF-STREET PARKING, A REDUCTION IN
LANDSCAPE SETBACK AND TO ALLOW THE BUILDING TO
EXCEED THE MAXIMUM PERMITTED HEIGHT FOR THE
DEVELOPMENT OF A SIX-STORY, 140-ROOM HOTEL AND
AMENITIES AT 7860 BEACH BOULEVARD, WITHIN THE ECSP
(ENTERTAINMENT CORRIDOR SPECIFIC PLAN) LAND USE SUB-
DISTRICT C-1A, AND MAKING FINDINGS IN SUPPORT THEREOF
5B. SITE PLAN NO. SP-22-30 - A request to allow the development of a four-story 9,854 square-foot office building, required off-street parking, landscaping, and other site improvements at 7911 Orangethorpe Avenue. The project is Categorically Exempt, pursuant to Section 15332 (In-Fill Development Projects) Class 32 of the California Environmental Quality ACT (CEQA) Guidelines. The property owner and applicant is Hyung-Joon Sim of Innoproperties, LLC, a California Limited Liability Company, 3611 Lakeview Drive, Fullerton, CA 92835.
Mr. Luna presented the staff report.
The Planning Commission asked questions about the types of offices that can utilize the space, if the building has energy-efficient features, and if parking is sufficient, including visitor parking.
Mr. Luna stated that, as proposed, the project is for general office/professional use. If approved, construction drawing will be submitted for plan check, which requires adherence to energy-efficient measures. He said that the project meets the Zoning Code parking requirement for this use.
There being no other questions of Mr. Luna, Chair Judeh opened the public hearing.
There being no speakers or written communications, Chair Judeh closed the public hearing.
Commissioner Diep moved and Commissioner Davis seconded the motion to adopt the resolution approving Site Plan No. SP-22-30.
AYES: 5 COMMISSIONERS: Diep, Davis, Choi, Patiño, and Judeh NOES: 0 COMMISSIONER:
ABSENT: 0 COMMISSIONER:
ABSTAINED: 0 COMMISSIONER:
Minutes of the Planning Commission Meeting of February 28. 2024 Vol. 32 - Page No.
6946
RESOLUTION NO. 6328
SITE PLAN REVIEW NO. SP-22-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF BUENA PARK, CALIFORNIA, APPROVING A
REQUEST TO CONSTRUCT A NEW FOUR (4) STORY
OFFICE BUILDING, OFF-STREET PARKING, LANDSCAPING,
AND ASSOCIATED SITE IMPROVEMENTS AT 7911
ORANGETHORPE AVENUE (APNS: 276-362-09, AND -17),
AND MAKING FINDINGS IN SUPPORT THEREOF
5C. TEXT AMENDMENT NO. C-24-3 - A recommendation to the City Council to consider a revision within Title 19 (Zoning) of the Buena Park Municipal Code (BPMC) regarding development standards for fences and walls in the Commercial and Industrial zones Section
19.528 (Fences, Walls, Hedges, and Berms) citywide. The project proponent is the City of Buena Park, 6650 Beach Boulevard, CA 90622. Staff is recommending continuance to the next regularly scheduled Planning Commission meeting of March 13, 2024.
Commissioner Diep moved and Vice Chair Judeh seconded the motion to continue this item to the next regularly scheduled Planning Commission meeting of March 13, 2023.
AYES: 5 COMMISSIONERS: Diep, Judeh, Choi, Davis, and Patiño
NOES: 0 COMMISSIONER:
ABSENT: 0 COMMISSIONER:
ABSTAINED: 0 COMMISSIONER:
5D. TEXT AMENDMENT NO. C-24-2 - A recommendation to the City Council to consider a revision within Title 19 (Zoning) of the Buena Park Municipal Code (BPMC) regarding development standards for Accessory Dwelling Units, Section 19.348.010 (Accessory Dwelling Units and Junior Accessory Dwelling Units) citywide. The project proponent is the City of Buena Park, 6650 Beach Boulevard, CA 90622.
Mr. McAleese presented the staff report.
Commissioner Diep asked staff to define major transit stops and if the City utilizes current information that the Transit Commission provides to the Southern California Association of Governments (SCAG) on major transit stops. Vice Chair Davis asked if there is a city limit on the number of ADUs, in aggregate, for the City. Commissioner Choi inquired about the maximum height limits for ADUs. Chair Judeh asked staff for clarification on owner- occupied requirement for ADU.
Staff informed that major traffic stops are defined as bus stops that provide service every 15 minutes during peak commute times. The City utilizes the most recent (2022) high-quality transit corridor map from SCAG. There is no limit on the number of ADUs citywide. The single-family residence detached ADU height limit is 20 feet if located within a half mile of a major transit stop. If attached to a primary dwelling unit, the maximum height limit is 30 feet.
Previously, cities could not require owner occupancy for ADUs constructed between Minutes of the Planning Commission Meeting of February 28. 2024 Vol. 32 - Page No.
6947
January 2020 to 2025. However, AB 796, eliminated the sunset date, and cities can no longer require owner occupancy for ADUs.
There being no other questions/clarifications, written communication or speakers on the matter, Chair Judeh opened and closed the public hearing and announced that the Commission may ask further questions of staff, make comments, and start deliberations.
Commissioner Diep moved and Commissioner Choi seconded the motion to adopt the resolution approving Text Amendment No. C-24-2.
AYES: 5 COMMISSIONERS: Diep, Choi, Davis, Patiño, and Judeh
NOES: 0 COMMISSIONER:
ABSENT: 0 COMMISSIONER:
ABSTAINED: 0 COMMISSIONER:
RESOLUTION NO. 6329
TEXT AMENDMENT NO. C-24-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF BUENA PARK RECOMMENDING THAT THE CITY
COUNCIL APPROVE ZONING TEXT AMENDMENT NO. C-
24-2 AMENDING SECTION 19.348.010 (ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS) OF TITLE 19 (ZONING) OF THE BUENA PARK
MUNICIPAL CODE
6. AGENDA FORECAST:
Dr. Meshram reported that the next regularly scheduled Planning Commission meeting on March 13, 2024 will include the continued item from tonight’s meeting.
7. STAFF REPORTS:
Mr. Foulkes informed the Commission of City Council approval of the Housing Overlay Zone, as recommended by the Planning Commission. He also updated the Commission on City Council study sessions on Street Vendor Enforcement and Amendments to the Buena Park Municipal Code Pertaining to Urban Homesteading.
8. COMMISSION REPORTS:
Vice Chair Davis reported that she attended the first Black History Month event on February 17 at UCW.
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9. ADJOURNMENT:
At 7:53 p.m., Chair Judeh adjourned the Planning Commission meeting.
___________________________
Mirvette Judeh
Chair
ATTEST:
________________________________________
Swati Meshram, Ph.D., AICP, LEED AP
Planning Manager
City of Buena Park
Planning Commission Agenda Report
DEVELOPMENT AGREEMENT NO. DA-23-1, SITE PLAN NO. SP-24-3, AND VARIANCE NO. V-23-2 A request to allow the development of a new six-story, 140-room hotel and associated amenities at 7860 Beach Boulevard within the Entertainment Corridor Specific Plan (ECSP) Sub-District C1 (Tourist Commercial, Lodging & Entertainment). The project is Categorically Exempt, pursuant to CEQA Section 15332 (Class 32 In-Fill Development Projects).
Meeting
Wednesday, February 28, 2024, 6:30 PM
Agenda Group
PUBLIC HEARING Item: 5A
Presented By
Matt Foulkes
Prepared By
Matt Foulkes, Director of Community and Economic Development CASE SUMMARY:
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the attached Resolutions recommending that the City Council adopt Ordinances and Resolutions approving a Development Agreement, Site Plan Review and Variances based on the facts and findings provided therein.
PROPERTY INFORMATION:
The project site consists of an approximately 1.45-acre parcel on the east side of Beach Boulevard 750 feet north of La Palma Avenue. The property is within the Entertainment Corridor Specific Plan (ECSP), Sub-District C-1a and has a General Plan Land Use Designation of Tourist-Entertainment. The site is currently vacant but was previously developed with a Best Inn & Suites motel which was demolished in 2010.
SURROUNDING LAND USE CHARACTERISTICS:
The properties to the north, south and west are also located within the ECSP and consist of restaurants and retail uses.
Properties to the east of the site are multi-family residential (zoned RM-20) and are accessed from Oleander Circle.
BACKGROUND:
The Property was originally acquired by the Buena Park Redevelopment Agency BPRDA in September 2009, with the intent of demolishing a blighted motel for subsequent redevelopment with entertainment, hotel and restaurant uses.
In February 2012, the BPRDA was dissolved by operation of the Redevelopment Dissolution Law (Health & Safety Code § 34170 et seq.) and ownership of the Property was passed to the Buena Park Successor Agency.
Staff Recommendation: Adopt Resolutions recommending City Council approval Public Notification: Published in the Buena Park Independent and 8 public hearing notices mailed by February 16, 2024
Meeting Date: February 28, 2024
Agenda Item Number: 5A
Property Owner:
City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90622-5009
Project Proponent:
PBR Consulting Services
2260 Corporate Circle, Suite 490
Henderson, NV 89074
APPLICATION ANALYSIS:
Project Description
The proposed project consists of six-story, 140-room Hilton (Home-2-Suites) hotel and supporting amenities. The narrow parcel frontage and irregular lot shape resulted in the hotel being designed to maximize surface level parking by constructing a podium-style building, to provide parking spaces under the hotel building. A lower-lobby and entrance bag- drop is provided on the ground level while the main lobby, dining/lounge, pool, and primary guest amenities are located on the second level. Floors three through six consist of guest rooms and back-of-house areas for hotel staff. The total building square footage, including the first level podium is 100,006 square feet and the total building height is just under 75-feet to the top of the parapet. Parking is provided along the southern and western edges of the property with additional parking provided under the building for a total of 121 parking spaces, 39 of which are compact spaces.
Access/Site Design
Vehicular access to the site will be from a 25-foot-wide driveway on the southern side of the property frontage on Beach Boulevard. Internal circulation is provided from a driveway along the southern edge of the lot which connects to parking along the western property line. Customer and employee vehicles may also access the under-building parking from both the east and west ends of the hotel building. Emergency vehicle access is provided on south, west and east sides of the building and a trash enclosure is provided towards the northwest corner of the lot which has been approved by the City’s waste hauler as an acceptable location.
Floor Plans
The ground floor contains a primary customer drop-off, as well as storage, fire pump room and other utilities. Stairs and an elevator provide access to the 2 floor which serves as the hotel’s primary lobby and amenity space. The 2 floor contains the fitness center, pool deck, lounge, meeting rooms and hotel check-in. 15 hotel rooms are also provided on the 2 floor.
Floors three through six contain the remaining 125 rooms in a mixture of single and double, queen and king bedrooms and suites. Each floor is also provided with housing keeping back-of-house and ice machines.
Architecture
The architecture is modern in style and consists of a combination of flat roof design with angled parapet and roof features to complement the surrounding commercial developments. The design will incorporate an earth-toned color palette (grey, brown, beige, and white) with small portions of bright green to highlight the hotel’s branding. A variety of exterior materials and variations in wall-planes and building heights are incorporated to break up the building massing and provide visual The Property was included in the Successor Agency’s Long-Range Property Management Plan LRPMP that was approved by the Successor Agency Governing Board and the Oversight Board. The LRPMP designated that the Property would be retained by the Successor Agency for future development of a hotel.
In March 2015, the Successor Agency sold the property to Stanford Hotel, LLC with a land use covenant that required the Developer to construct and operate a high-quality hotel on the property.
In June 2016, the Buena Park City Council approved a statutory Development Agreement with the Developer which defined the Hotel Project and the Developer’s obligation to develop and operate the Hotel on the Property.
After several years of delays and no ground-up construction, a dispute arose between the City and the Developer regarding construction of the Hotel Project in a timely manner. After a review of the Development Agreement and a public hearing process, the City Council declared the Developer in default of the land use covenant and Development Agreement.
The City and Developer entered into a Settlement Agreement in July 2021 that resulted in the City repurchasing the Property from the Developer.
The City released a Request for Proposals (RFP) in February 2022 to solicit proposals for development of the property.
The City received thirteen proposals which included hospitality, entertainment, retail and restaurant uses. Based on direction received from the City Council, the City entered into an Exclusive Negotiating Agreement with KB Acquisitions, LLC for the development of the property with a new hotel. nd nd
nd
interest. The ground level entrance, 2 level balcony and pool deck will feature large angular canopies to provide shade and architectural interest to the design.
The proposed exterior materials consist of a combination of metallic panels, stucco, decorative fiber cement panels, glass, and concrete. The 2 level pool deck will feature a glass guardrail to allow visibility from the pool deck overlooking Beach Boulevard.
Landscaping/Walls
The proposed project provides a total of approximately 11,000 square feet of landscaped area throughout the site. The design and plant materials are consistent with the landscape palette for the Entertainment Corridor and consists of a mixture of mature trees, shrubs, and groundcover. Palm trees are proposed along the project frontage on Beach Boulevard, while Fern Pines are proposed along the northern property line to provide screening and visual separation from the banquet hall property to the north. Brisbane Box and Gold Medallion trees are proposed along the eastern property line to provide additional screening for the multi-family residential properties to the east. Surrounding the pool deck on the 2 floor will be a variety of shrubs including Indian Hawthorne, Lantana and Fortnight Lily.
New 6-foot-tall decorative CMU walls are proposed along the eastern, northern and southern property lines adjacent to the multi-family residential to the east and the commercial developments to the north and south.
DISCUSSION:
Entitlements Required
The following entitlements are required for this project:
Development Agreement
Government Code Section §65865, et seq. authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. Additionally, the Entertainment Corridor Specific Plan requires the accompaniment of a Development Agreement for hotel uses in the C1-a land use sub- district. The Development Agreement establishes the rights and obligations of the developer and the City relating to the development of the project, secures the Developer’s vested right to development the project in accordance with the requirements of the Development Agreement and the Development Plan. This agreement also provides the City with certainty that the project will be constructed according to the approved plans and in a timely manner according the Schedule of Performance.
For the Planning Commission to recommend that the City Council approve the Development Agreement, it must find that the project, as conditioned, will promote the orderly development of the project area and will preserve the health and safety and welfare of the community. The proposed hotel development is consistent with the intended development pattern in the Entertainment Corridor and is consistent with the Tourist-Entertainment General Plan land use designation. The Project is harmonious with the surrounding commercial properties and is consistent with the General Plan’s desired character and expressed vision for the Entertainment Corridor Focus Area which is to support and expand tourism-related uses including lodging, restaurant and entertainment uses.
Variances
As proposed, the project requires variances from the Entertainment Corridor Specific Plan development standards related to parking, building height and landscape setback. To accommodate a hotel with a sufficient room-count, amenities and nd
nd
nd
Development Agreement – The Entertainment Corridor Specific Plan, land use sub-district C-1a requires a Development Agreement for hotel and entertainment uses.
Variances – As proposed, the project does not meet all of the development standards contained in the ECSP.
Specifically, variances are requested for building height, parking and landscape setbacks.
Site Plan Review – Chapter 19.128.040 of the Buena Park Municipal Code requires a Site Plan Review for construction of new buildings.
parking that is desired for the Entertainment Corridor, and to comply with the Building and Fire Codes pertaining to building setbacks from property lines, fire access and fire lane widths, the proposed building height exceeds the development standard for the ECSP. The ECSP building height limit for buildings more than 50-feet from a residential zone is equal to the horizontal distance from the property line to the building face. The proposed building is setback from the rear property line 66-feet, however the proposed hotel is 74-feet, 7-inches tall, exceeding the maximum permitted height by 8-feet, 7-inches.
Additionally, the ESCP requires a 4-foot landscape setback along non-street facing property lines. To maximize the area available for parking and provide the required fire lane width, the landscape setback along the southern property line has been reduced to 3-feet. Lastly, the minimum parking requirement for hotel uses in the ECSP is 1-space per guest room for a required parking of 140-spaces while only 121 parking spaces are provided. A parking analysis was conducted for a prior hotel project proposed at this location which determined that the actual parking demand was less than 1-space per room because the increased use of ride-sharing, total projected occupancy rate of the hotel and likelihood that the end users of the hotel will include families renting multiple rooms while only bringing one car. The variance procedure is provided for the purpose of considering deviations from the requirements of the BPMC when special circumstances exist regarding the property’s size, shape, topography, location, or surroundings where the strict application of the development standards unintentionally discriminates against a particular property. The BPMC specifies the legal findings which must be made in order grant variances as follows:
1. There are special circumstances applicable to the subject property such as size, topography, location, or surroundings which result in the strict application of the requirements of this Title depriving the property of privileges enjoyed by other property in the same zone and vicinity.
The subject property contains special circumstances related to both the lot’s narrow street frontage and shape which necessitates the variances requested. The property is irregularly shaped with a narrow frontage along Beach Boulevard and widened area along the eastern edge of the property. This lot shape results in a building and site design which cannot meet the development standards prescribed in the ECSP without reducing the building size to below what is financially viable for the site or desired for the Tourist-Entertainment General Plan land use designation or would result in a further reduction in off-street parking or a reduction in landscaping.
2. The variance will not grant special privileges to the subject property not enjoyed by other properties in the same zone and vicinity.
The requested variances will allow for the development of the subject property with a hotel use which is permitted in the ECSP subject to approval of a Development Agreement. The requested variances are required for the property to meet minimum Building and Fire Code standards as well as remain financially viable. There is no grant of special privilege that other properties in the same zone could avail themselves of.
3. The variance will not produce results detrimental to the public health, safety, or welfare and will not be injurious to other property in the vicinity.
The proposed hotel is consistent with the permitted uses and vision for the Entertainment Corridor and Tourist- Entertainment General Plan land use designation. The project has been designed to minimize impacts on adjacent properties and provides adequate screening for the residential development to the east of the project site. The Hilton Home-2-Suites is a nationally recognized brand which maintains high standards for development and operation. A parking analysis was conducted for a previously proposed hotel development at this location which determined that a reduced parking ratio for the hotel use would not result in spill-over parking issues on adjacent properties.
4. The variance will not be contrary to the objectives of the general plan, any applicable specific plan, or the intent of this Title.
The project would implement goals and objectives as envisioned in the ECSP and Tourist-Entertainment General Plan land use designation by adding a high-quality family-oriented hotel to the Entertainment Corridor that will provide additional lodging options to support the tourism activity generated by Knott’s Berry Farm, Knott’s Soak City, Medieval Times and Pirate’s Dinner Adventure.
Attachments
Att 1 - DA21-2 - PC Resolution - Development Agreement.pdf Site Plan Review
The purpose of a Site Plan Review is to review the project’s site design, layout, and configuration for conformance with the Buena Park Municipal Code (Title 19 – Zoning). Criteria specified in Section 19.128.040 of the BPMC to approve a Site Plan Review includes findings regarding the project’s compliance with Zoning Code and other laws, consistency with the goals and policies of the General Plan, preservation of property values, and appropriateness of site layout and architectural design so as not to negatively impact adjacent properties, traffic, or pedestrian safety. The proposed hotel development as described in the Project Description section of this report, and as depicted on the attached development plans, has been designed to comply with the Buena Park Municipal Code, Building and Fire Codes. Further, the site layout and architectural design is consistent with the City’s goals for development within the Entertainment Corridor and will not negatively impact adjacent properties.
ENVIRONMENTAL ASSESSMENT:
In accordance with the CEQA Guidelines, the City has determined that the proposed project is Categorically Exempt pursuant to Section 15332 of the CEQA Guidelines. Section 15332 (Class 32) consist of projects characterized as in-fill development meeting the following specified criteria:
The proposed hotel is consistent with the Tourist-Entertainment General Plan land use designation and the permitted uses in the Entertainment Corridor Specific Plan, Sub-district C-1a zoning. The subject property is less than five-acres in size and is surrounded by urban uses along Beach Boulevard. The site is currently vacant, but was previously developed with a 70- room motel and has no value for habitat for endangered or threatened species. The proposed project has been reviewed by the City and Orange County Fire Authority and, as conditioned, will not result in any significant effects on traffic, noise, air quality or water quality. Lastly, the site was previously developed with a motel use and is already served by all required utilities and public services.
PUBLIC HEARING NOTICES:
Notice of public hearing was posted at City Hall, Buena Park Library, and Ehlers Event Center by February 16, 2024; 8 public hearing notices were mailed to property owners located within 300 feet of the subject property by February 16, 2024, and newspaper notice was published by February 16, 2024. As of the publication of this report, no public comments have been received regarding the proposed actions.
Prepared by: Matt Foulkes, Community and Economic Development Director Presented by: Matt Foulkes, Community and Economic Development Director The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
The project site has no value as habitat for endangered, rare or threatened species.
Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
The site can be adequately served by all required utilities and public services.
Exhibit A to Attachment 1 - Draft Development Agreement_7860 Beach Boulevard.pdf Exhibit B to Attachment 1 - Development Plans Part 1 of 2.pdf Exhibit B to Attachment 1 - Development Plans Part 2 of 2.pdf Att 2 - V-23-2 - PC Resolution - Variances.pdf
Att 3 - SP-24-3 PC Resolution - Site Plan Review.pdf
RESOLUTION NO. ___
DEVELOPMENT AGREEMENT NO. DA-23-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BUENA PARK RECOMMENDING THAT THE CITY COUNCIL
APPROVE DEVELOPMENT AGREEMENT NO. DA-23-1 TO DEVELOP
A SIX-STORY, 140-ROOM HOTEL WITH ASSOCIATED PARKING AND SITE IMPROVEMENTS AT 7860 BEACH BOULEVARD (APN: 136-231- 35) WITHIN THE ENTERTAINMENT CORRIDOR SPECIFIC PLAN
(ECSP), SUB-DISTRICT C1-A, AND AUTHORIZING THE MAYOR TO
EXECUTE THE SAME ON BEHALF OF THE CITY OF BUENA PARK
A. Recitals.
(i) PBR Consulting Services, on behalf of KB Acquisitions, LLC , 2260 Corporate Circle, Suite 490 , Henderson, NV 89074 (“Developer” or “Applicant”) has filed planning applications to redevelop real property located at 7860 Beach Boulevard (“Site”) with a six-story, 140-room hotel including 121 parking spaces (“Project”). The Developer submitted applications for a Development Agreement, Site Plan Review and Variances from specified standards in the ECSP.
(ii) The Developer submitted a request to enter into a Development Agreement DA - 23-1 with the City to develop a six -story, 140 -room hotel, parking and associated site improvements on property located at 7860 Beach Boulevard, in the City of Buena Park, California, (APN: 136-231-35) in the County of Orange. Hereinafter, in this Resolution, the subject Development Agreement DA -23-1 request is referred to as “Development Agreement”. The Development Agreement, a substantive form of which is attached hereto as Exhibit “A”, establishes the rights and obligations o f the Developer and the City relating to the development of the Project, secures the Developer’s vested right to development the Project in accordance with the requirements of the Development Agreement and the Development Plan, attached as Exhibit “B” to the Development Agreement.
(iii) The Project’s potential environmental impacts were analyzed and it was determined that the project is Categorically Exempt from the provisions of CEQA pursuant to Section 15332 (In-Fill Exemption).
(iv) On February 28, 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 elements of the proposed Development Agreement together with the associated information contained therein.
(vi) All legal prerequisites to the adoption of this Resolution have occurred.
DRAFT
Resolution No.
Development Agreement No. DA-23-1
February 28, 2024