Buena Park City Council
March 26, 2024

B. Resolution.

NOW, THEREFORE, the Planning Commission of the City of Buena Park does hereby find, determine, and resolve as follows:

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

2. Based upon substantial evidence presented to the Planning Commission during the above-referenced hearing, including written staff reports, verbal testimony, and Development Plans stamped “RECEIVED NOV. 17, 2023 PLANNING DIV .” the Planning Commission hereby finds and recommends the City Council find that Development Agreement No. DA -23-1 will promote the orderly development of the project area along with the public health, safety and welfare.

3. The Planning Commission also makes, and recommends the City Council make, 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 under the General Plan, which focuses on the entertainment and tourist -related land uses that are unique to Buena Park. Th e proposed hotel development will redevelop a currently vacant property within the Entertainment Corridor with a high-quality nationally branded hotel for tourists coming to Buena Park. The Project is harmonious with the surrounding commercial development 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 as well as improved 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.

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Resolution No.

Development Agreement No. DA-23-1
February 28, 2024

4. The Planning Commission hereby finds and determines that the Project identified above in this Resolution 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).

5. The Secretary to the Planning Commission shall:

a. Certify to the adoption of this Resolution; and

b. Forthwith transmit a copy of this Resolution to the City Council of the City of Buena Park together with all documents prepared with respect to the submitted applications, including the proposed Development Agreement DA -23-1, Site Plan Review No. SP-24-3, and Variance No. V-23-2 prepared for this project and transcripts of any and all hearings conducted with respect to the applications recommended for approval herein.

ADOPTED AND APPROVED this 28th day of February 2024 by the following called vote:

AYES: 0 COMMISSIONER:

NOES: 0 COMMISSIONER:

ABSENT: 0 COMMISSIONER:

ABSTAINED: 0 COMMISSIONER:

Mirvette Judeh
Chair

ATTEST:

Swati Meshram, PhD, AICP
Planning Manager

ATTACHMENTS:

Exhibit A – Draft Development Agreement
Exhibit B – Development Plans

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Record At The Request Of And When
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 _____ day of _____ 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 __________, 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. T he 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. T he 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 propert y 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 . I n 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 on the terms and conditions specified herein.

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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: t he Project is consistent with the applicable general plan and specific plan designation, all applicable policies of those plans , and applicable 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. ______ to: (a) approve Developer’s application for a variance excepting the Project from certain development standards of t he 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 __________, 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, t he 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 of the County of Orange.

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“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 pandemic 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 breakdown in communication fa cilities, 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 updated 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 _____________, 2024, and will be specifically 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 _ ___, 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 excepted from this Agreement and which are instead reserved to the City, and include the power to enact regulations or take future discretionary a ctions 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 necessary 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 th e regulation; and explains how such 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 DRAFT

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 set forth in the Section ___ of the Purchase Agreement for developing and opening of the Project.

“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 twenty (20) 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 five (5) consecutive terms of five (5) years each 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 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 DRAFT

of its Reserved Powers, the maximum height and size of the proposed buildings, parking 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 co nstruction of the Project, including land use approvals, 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, without 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, restrictions, and requirements associated with any Subsequent Approval shall be consistent with the Existing S tandards 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 in 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 Property and that conflicts in any way 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 Agre ement to the contrary, the Property and Project shall be subject to changes occurring from time to time in DRAFT

the provisions of the City’s building, fire, seismic, mechanical, plumbing electrical , or similar health and safety regulations which become applicab le 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 or addition exists, then th e 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 such 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.
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 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 without interruption, 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 consistent with t he Project Entitlements and Purchase Agreement. D ecisions 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 financing 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.

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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 com menced 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 Director 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 Council 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 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 consisting of sidewalk and drive approaches, as set froth in the Project plans and specifications on file with City and dated _____________, 2024, shall be installed by the Developer as part of the Project . City shall reimburse Develo per for all documented costs actually incurred by Developer up to the maximum sum of $___________.

Developer shall comply with California labor and prevailing wage laws in completing said 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 fees, 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 DRAFT

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 expen se 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. The cost 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 all out of pocket third party costs incurred in conjunction with the special review.

C. Procedure for Review . The City Manager, or his or her design ee (“ 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 condu cted. The City Representative 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 relevan t to such review. In addition, Developer shall furnish such documents or other information as is reasonably requested by the City Representative.

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.

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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. The time within which either Party shall be required to perform any act under this Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed 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 b y 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.

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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 proceedings 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
6650 Beach Boulevard
Buena Park CA 90622

With Copy To: Christopher G. Cardinale, City Attorney
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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 identify, 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 this Agreement or Property, in whole or in party, 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, Developer 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 delivering 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 a greement, 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 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 damages to the extent caused DRAFT

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 corrected 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 (prov ided 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 defaul t 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.

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, difficult 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 DRAFT

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 mandate, or other mandatory relief shall be lim ited 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 shal l 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.

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, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County of Orange within ten (10) business days following adoption of the Ordinance . Upon the expiration of the terms of this Agreeme nt, 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.

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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

By:
(Developer)

Dated: By:

Dated: By:

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Exhibit A

LEGAL DESCRIPTION

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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, in terest and obligations under the Agreement 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 the 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.

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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 defi ned 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"). Assign or retains all the rights, title, interest, burdens and obligations 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, all 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 resp ect 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:
_______________________
_______________________
_______________________
Attn: __________________

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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 exe cuted, 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]

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RESOLUTION NO. _____
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.

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 duly noticed public hearing on the application, as required by law, and concluded said hearing prior to the adoption of this Resolution.

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

B. Resolution.

NOW, THEREFORE, it is found, determined , and resolved by the Planning Commission of the City of Buena Park as follows:

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

2. Based upon substantial evidence presented to the Planning Commission during the above-referenced hearing, including written staff reports, v erbal testimony, business plan , and development plans dated “RECEIVED NOV. 17 , 2023 PLANNING DIV.”, the Planning Commission hereby specifically finds as follows:

a. Finding: There are special circumstances applicable to the subject property such as size, topography, location, or surroundings which result in the strict DRAFT
Resolution No. _____
Variance No. V-23-2
February 28, 2024

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 along 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 Corrid or 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 Planning Commission hereby finds and determines that the project identified above in this Resolution is found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Class 32, Section 15332 – In-Fill Development.

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Resolution No. _____
Variance No. V-23-2
February 28, 2024

4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above, the Planning Commission hereby approves the application subject to the plans dated “RECEIVED NOV. 17, 2023 PLANNING DIV.”, and the following conditions set forth in paragraph 5 of this Resolution.

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

PUBLIC WORKS DEPARTMENT

DESIGN CONDITIONS

1. 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 cost 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 improve ments 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.

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. 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.

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Resolution No. _____
Variance No. V-23-2
February 28, 2024

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 WQMP 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 Department ( 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 sha ll 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 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 and 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.

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.

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Resolution No. _____
Variance No. V-23-2
February 28, 2024

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)

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.

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Resolution No. _____
Variance No. V-23-2
February 28, 2024

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 sati sfaction 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 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.

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.

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Resolution No. _____
Variance No. V-23-2
February 28, 2024

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 of 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. Lightin g 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 Bu ilding 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 Buena Park Water Efficiency Landscape Ordinance, Title 13, Chapter 13.30 of the Buena Park Municipal Code.

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Resolution No. _____
Variance No. V-23-2
February 28, 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 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 shall 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 project color scheme.

11. All required double check valve assemblies located within public view shall be strategically screened through the use of landscaping or fencing to the satisfaction of the City.

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.

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Resolution No. _____
Variance No. V-23-2
February 28, 2024

PASSED AND ADOPTED this 28th day of February 2024 by the following called vote:

AYES: 0 COMMISSIONER:

NOES: 0 COMMISSIONER:

ABSENT: 0 C OMMISSIONER:

ABSTAIN: 0 COMMISSIONER:

_______________________
Mirvette Judeh
Chair
ATTEST:

Swati Meshram, PhD, AICP, LEED AP
Planning Manager

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Resolution No. _____
Variance No. V-23-2
February 28, 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

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RESOLUTION NO. ____
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.

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 concluded said hearing prior to the adoption of this Resolution.

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

B. Resolution.

NOW THEREFORE, it is found, determined, and resolved by the Planning Commission of the City of Buena Park as follows:

1. The Planning Commission 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 Planning Commission during the above -referenced hearing, including written staff reports, verbal testimony, and development plans dated “RECEIVED NOV 17 , 2023 PLANNING DIV.”, the Planning Commission 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.

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Site Plan No. SP-24-3
February 28, 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 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 interest. The ground level 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 DRAFT
Resolution No. ____
Site Plan No. SP-24-3
February 28, 2024

northwest corner of the lot which has been approved by the City’s waste hauler as an accessible location.

3. The Planning Commission hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Class 32 Section 15332 (In-Fill Development).

4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Planning Commission h ereby recommends that the City Council 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 5 of this Resolution.

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

PUBLIC WORKS DEPARTMENT

DESIGN CONDITIONS

1. 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 cost 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.

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Site Plan No. SP-24-3
February 28, 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. 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 WQMP 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 Department
(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 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 and 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.

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Site Plan No. SP-24-3
February 28, 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 h ydrants 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)

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Site Plan No. SP-24-3
February 28, 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 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 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 hydran ts, 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 o f 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.

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.

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Resolution No. ____
Site Plan No. SP-24-3
February 28, 2024

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 of 90- day retention schedule.

PLANNING DIVISION

1. This approval shall be for the construction of a 6 -story, 140-room hotel with variance s 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 Buena Park Water Efficiency Landscape Ordinance, Title 13, Chapter 13.30 of the Buena Park Municipal Code.

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February 28, 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 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 shall 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 project color scheme.

11. All required double check valve assemblies located within public view shall be strategically screened through the use of landscaping or fencing to the satisfaction of the City.

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.

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Site Plan No. SP-24-3
February 28, 2024

PASSED AND ADOPTED this 28th day of February 2024 by the following called vote:

AYES: 0 COMMISSIONER:

NOES: 0 COMMISSIONER:

ABSENT: 0 COMMISSIONER:

ABSTAIN: 0 COMMISSIONER:

Mirvette Judeh
Chair
ATTEST:

Swati Meshram, PhD, AICP, LEED AP
Planning Manager

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Resolution No. ____
Site Plan No. SP-24-3
February 28, 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
DRAFT
City of Buena Park
Planning Commission Agenda Report
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.

Meeting
Wednesday, February 28, 2024, 6:30 PM
Agenda Group
PUBLIC HEARING Item: 5B
Presented By
Harald Luna
Prepared By
Harald Luna, Senior Planner
CASE SUMMARY:

RECOMMENDATION:

Staff recommends that the Planning Commission adopt the attached Resolution approving Site Plan Review No. SP-22-30.

PROPERTY INFORMATION:

The project site consists of two (2) contiguous vacant parcels located at 7911 Orangethorpe Avenue with a total combined site area of approximately 0.34-acres. The site is located on the northeast corner of Orangethorpe and Brenner Avenues. The properties have a General Plan Land Use designation of General Mixed-Use and a Zoning designation of CG (Commercial General). A Floor Area Ratio of up to one (1.0) is permitted in the GMU Land Use category. The site is within the Entertainment Corridor North Focus Area, which is envisioned as a “world-class” entertainment mixed-use center that functions as a central gathering place for residents and visitors.

Entertainment uses, high-density residential, and commercial uses are envisioned to be integrated with pedestrian plazas and public gathering places.

SURROUNDING LAND USE CHARACTERISTICS:

The property to the north is developed with single-family residential dwelling, has a General Plan Land Use designation of General Mixed-Use and is zoned RS-6 (One-Family Residential). The property to the east is developed with a hotel, has a General Plan Land Use designation of General Mixed-Use and is zoned CG (Commercial General). The properties to the south, across Orangethorpe Avenue, are developed with commercial service buildings, and a restaurant, have a General Plan Land Use designation of Tourist Entertainment and are zoned CG (Commercial General).The properties to the west, across Brenner Avenue, are developed with a multi-story commercial retail/entertainment development (The Source at Buena Park) which also includes a Hotel, has a General Plan Land Use designation and zoning district of BOMUSP (Beach Orangethorpe Mixed Use Specific Plan).

APPLICATION ANALYSIS:

Project Description
Staff Recommendation: Adopt Resolution approving Site Plan Review No. 22-30 Public Notification: 30 public hearing notices mailed and posted on February 15, 2024 Meeting Date: February 28, 2024
Agenda Item Number: 5B
Property Owner and Applicant:

Innoproperties, LLC
Hyung-Joon Sim
3611 Lakeview Drive
Fullerton, CA 92835
The proposed project consists of a four (4)-story office building with a total height of forty-five (45) feet, containing a total gross floor area of approximately 9,854 square feet; twenty-four (24) off-street parking spaces, landscaping, and other site improvements. The proposed office building will be situated towards the south portion of the site and will front Orangethorpe Avenue. Open parking will be provided along the northern edge of the property with additional at-grade covered parking provided under the building. New landscaping will be provided throughout the site and will include a minimum ten (10’) foot wide landscape planter along the entire north property line that will contain enhanced landscaping with mature trees to buffer the project site from the adjacent single-family residence. Other project features include new fencing and decorative site lighting.

Floor Plan
The proposed office building is comprised of four (4) floor levels having a total gross area of 9,854 square feet. The first floor will have a total gross floor area of 980 square feet and will consist of a lobby area with two (2) separate entrances from the public right-of way and parking lot areas, an elevator, two (2) separate staircase rooms, a mail box room, an electrical room, and a storage room. The second through fourth floor levels, will each have a total gross floor area of 2,958 square feet and consist of the office space, restrooms, corridor, staircase areas and elevator. The second floor level has a total usable office floor area of 1,840 square feet, and the third and fourth floor levels each have a total usable office floor area of 2,038 square feet. The proposed office building will provide a total combined usable office floor area of 5,916 square feet.

Access/Site Design/Parking
The project site has direct vehicular access from a proposed twenty-five (25’) foot wide two-way driveway located along at the west side of the site along Brenner Avenue. The internal site circulation has been designed to adequately accommodate on-site vehicular access, emergency and trash service vehicle circulation, and access to the required off-street parking areas. A new trash enclosure is provided towards the northwest portion of the site within the parking lot area which has been conceptually approved by the City’s waste hauler as an acceptable location for servicing.

In compliance with the maximum allowed building height and minimum required setback yard areas, the proposed office building has been designed to provide a minimum setback of fifty-four (54’) feet from the north property line, twenty-two feet - six inches (22’-6”) from both the west and south property lines, and approximately twenty (20’) feet from the east property line which meet and exceed the minimum required building setbacks.

The Buena Park Municipal Code (BPMC) requires office uses to provide four (4) parking spaces per 1,000 square feet gross floor area.

Additionally, for structures serving multiple tenants, a common pedestrian concourse, common lobby, common service and mechanical rooms, and common public restrooms shall not be considered as part of the gross floor area. Therefore, based on the total combined usable office gross floor area of 5,916 square feet, the office building will require a total of twenty-four (24) off-street parking spaces.

The proposed project, as designed, includes a total of twenty-four (24) parking spaces comprised of sixteen (16) standard parking spaces, seven (7) compact parking spaces, and one (1) accessible parking space, meeting the minimum off-street parking requirements for the proposed four (4) story office building development.

Landscaping/Fencing
The proposed project will provide a total of approximately 4,358 square feet of landscaping throughout the development, including along Brenner Avenue to buffer the off-street parking area from the adjacent public right-of-way area. The minimum required ten (10’) foot landscape setback area along the north portion of the site will feature mature trees and enhanced landscaping to provide privacy and a visual buffer from the adjacent existing single-family home. As conditioned, tree sizes will be a mixture of 15-gallon, 24-inch box, mature specimen trees in a 36-inch box size up to 48-inch box along the entire north property line.

The existing perimeter two (2’) foot to six (6’) foot high, CMU block walls located along the north and east property lines will be maintained and, as conditioned, will be stucco treated and painted to match the building to provide the additional required buffer to the adjacent single-family dwelling located to the north of the subject site. New six (6’) foot high wrought-iron fencing with a vehicle sliding gate and pedestrian gates will be provided across the driveway, within the parking lot area, and between the east building elevation and the rear (east) property line to secure the parking lot area during non-business hours.

Architecture
The proposed building design will feature a variety of materials incorporating a distinctive modern design that will establish an architectural presence through emphasis on building finish materials and consistent material usage.

The proposed exterior materials consist of a combination of dark grey painted smooth finish stucco, metal panel siding, decorative stone tile, and exterior decorative accent building mounted lighting. Significant vertical articulation along with change in building elevation materials and glazing has been provided to reduce the massing of the building elevations. The building incorporates a flat roof with parapet walls. The building’s south and west elevations will feature a prominent floor to ceiling glass curtain wall on the second through fourth floor levels to emphasize the building’s office area and in an effort to further break up the massing of the buildings elevations nearest to the street. Additional design features are provided on the north elevation with the variation of window placement and sizing in an effort to create a visually appealing structure when viewed from the residential neighbors located to the north. The roof top mounted mechanical equipment will be further screened with a decorative 42-inch high metal louvered enclosure screen walls that will be painted in a light grey color.

DISCUSSION:

Pursuant to BPMC Section 19.512.010 (Uses Permitted), office uses are permitted by right within the CG (Commercial General) zoning district. Section 19.128.040 (Site Plan Review) of the City of Buena Park Municipal Code (BPMC) requires Planning Commission review and approval for construction of any new building via the Site Plan Review process. As proposed, the project meets all the criteria of the BPMC for the structure and the use, including lot size, FAR, height, parking, landscaping, setbacks, and screening. The site layout provides the most feasible buffer between the new structure and the existing residential dwelling to the north. The design is in harmony with the architectural character of the area, particularly The Source building to the west, the hotel building to the east and the single-family dwelling to the north. The subject vacant parcels, as conditioned, will be consolidated into one (1) parcel. Other improvements to the site include street dedication and improvements along Orangethorpe Avenue and Brenner Avenue, new site lighting, parking lot, fencing, and landscaping.

The proposed office development, as conditioned, is consistent with the goals and policies of the General Plan and complies with all development standards for an office building development within the CG (Commercial General) zone.

ENVIRONMENTAL ASSESSMENT:

The project is Categorically Exempt, pursuant to Section 15332 (In-Fill Development Projects) Class 32 of the State California Environmental Quality Act (CEQA) Guidelines, because the project is (a) is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) occurs within city limits on a project site of no more than five (5) acres substantially surrounded by urban uses; (c) has no value as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and, (e) can be adequately served by all required utilities and public services.

PUBLIC HEARING NOTICES:

Notice of public hearing was posted at Buena Park City Hall, Buena Park Library, and Ehlers Event Center on February 15, 2024; and 30 public hearing notices were mailed to property owners located within 300 feet of the subject property on February 15, 2024. As of the publication of this report, no comments have been received.

Prepared by: Harald Luna, Senior Planner
Reviewed and Approved by: Swati Meshram, PhD, AICP, LEED AP, Planning Manager Presented by: Harald Luna, Senior Planner
Attachments
Att 1 - Planning Commission Resolution for Site Plan No. SP-22-30.pdf Att 2 - DEVELOPMENT PLANS STAMPED RECEIVED FEB 20 2024 PLANING DIV.pdf Att 3 - SP-22-30 PROJECT NARRATIVE.pdf
Att 4 - VICINITY MAP.pdf
RESOLUTION NO.

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

A. Recitals.

(i) Hyung-Joon Sim of Innoproperties, LLC, applicant and property owner , 3611 Lakeview Drive, Fullerton, CA 92835, has filed an application for a Site Plan Review No. SP- 22-30 to allow the development of a new four (4) story office building with its required off-street parking, landscaping and associated on- and off-site improvements for the property located at 7911 Orangethorpe Avenue in Buena Park, California, 90621, in the County of Orange (APNs:
276-362-09, and -17). Hereinafter in this Resolution, the subject Site Plan Review request is referred to as the “application.”

(ii) 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.

(iii) The Planning Commission has reviewed and considered all components of the proposed Site Plan No. SP-22-30 and concluded its public hearing prior to adoption of this resolution.

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

B. Resolution.

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

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

2. Based upon substantial evidence presented to the Planning Commission during the above -referenced hearing, including written staff report, verbal testimony, and the Site Plan Review No. SP-22-30 Development Plans stamped “RECEIVED FEB 20 2024 PLANNING DIV.,” this Commission hereby specifically finds, determines, and resolves as follows:

Site Plan Review

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

FACT: The proposed four (4) story office building development is a permitted use within the CG ( Commercial General ) zone, as DRAFT
Resolution No.

Site Plan Review No. SP-22-30
February 28, 2024

conditioned, will meet all applicable requirements of the General Plan and Zoning Ordinance, and other laws. The proposal will comply with site area , lot coverage, building setbacks, building height, floor area, off-street parking, circulation, landscaping, building materials, and other applicable requirements.

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

FACT: T he General Plan land use designation of the subject properties is General Mixed-Use. The site arrangement and improvements will not be detrimental to the existing and intended character of the surrounding neighborhood since site arrangement provides the required setbacks for the adjacent uses. The site
arrangement, building design , as well as the associated improvements will maintain and blend with the overall mixed-use character of the area.

c. FINDING: Property values will be conserved.

FACT: The proposed four (4)-story office building development, will not negatively impact the properties in question nor will it negatively impact surrounding properties since the investment in the currently vacant properties will elevate the property’s aesthetics.

All improvements meet the Buena Park Municipal Code
requirements for the CG (Commercial General) zone as well as the applicable Goals and Policies for the General Mixed -Use Land Use designation of the General Plan for the purpose of promoting high-quality design that is compatible with adjacent properties.

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

FACT: The proposed four (4)-story office building will not create any detrimental effects on the environment since the area was planned for commercial developments, including office uses by- right, in an urban in-fill area.

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

FACT: The exterior architectural design is in reasonable harmony with the architectural character of the surrounding area. All the building materials, colors, and finishes proposed for the four (4)- story office building development are in harmony with the surrounding area. As conditioned, the proposed four (4)-story DRAFT
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office building will enhance the visual integrity of the subject property as well as the surrounding area.

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

FACT: The arrangement and design for pedestrian and vehicular traffic will continue to minimize congestion and protect pedestrian and vehicular safety for the subject property as well as surrounding properties. A single twenty-five (25’) foot two-way driveway will be provided at the west side of the property along Brenner Avenue. Additionally, designated “paths of travel” have also been provided to ensure pedestrian access and safety into the office building off of Orangethorpe Avenue and Brenner Avenue.

3. The Planning Commission herby finds and determines that the application, as identified above in this Resolution, is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-Fill Development Projects) Class 32 of Title 14 of the California Code of Regulations , because the application is (a) is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) occurs within city limits on a project site of no more than five (5) acres substantially surrounded by urban uses; (c) has no value as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and, (e) can be adequately served by all required utilities and public services.

4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above, the Planning Commission hereby approve s Site Plan Review No. SP -22-30 development plans stamped “RECEIVED FEB 20 2024 PLANNING DIV.,” as modified herein and the following conditions set forth in paragraph 5 of this Resolution.

5. The following conditions are deemed necessary to protect the 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:

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

Easements shall be dedicated as needed to accommodate all public utilities. The size and location of each easement shall be subject to the approval of the underlying utility owner.

Permanent structures will not be allowed to encroach into any easement unless authorized by the underlying utility owner.

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

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

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

5. New public improvements to include the following:
a. Remove two existing driveway approaches along the Orangeth orpe Avenue frontage and replace with sidewalk, curb and gutter to match existing per City Standard Plans.

b. Construct a 25-foot wide curb return type driveway approach on Brenner Avenue frontage per City Std. 213.

c. Install sod and automatic irrigation system within the parkway landscaping area on Brenner Avenue frontage. The property o wner shall be responsible for ongoing maintenance of this landscaped area.

d. Provide an engineering study for any proposed sewer and water connections to the City system. The study shall be prepared by a registered civil engineer for the approval of the City Engineer. The 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.

e. The storm drain system shall be designed and constructed for at minimum of a 25- year flood per the Orange County standards. The storm drain system shall be privately owned and maintained.

6. Should more than one trench cut be required in the street to install utility lines, the entire project street frontage shall be either slurry sealed or grinded and capped with AC to the nearest lane line to the satisfaction of the City Engineer.

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

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

8. The new trash enclosure shall be constructed to accommodate bins for organic, recycling, and trash per Senate Bill 1383. Developer shall contact the City’s waste hauler, EDCO, for approval of the trash enclosure size and location for service pickup.

9. 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.

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

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

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

13. 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.

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

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

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

ORANGE COUNTY FIRE AUTHORITY

1. The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority (OCFA) for review. Approval shall be obtained on each plan prior to the event specified.

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a. Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if the grading permit is not required:
i. Submittal of a Fire Master Plan (service code PR145) b. Prior to issuance of a building permit:
i. Architectural (service codes PR200 -PR285), when required by the OCFA “Plans Submittal Criteria Form”
ii. Underground piping for private hydrants and fire sprinklers (service codes PR470-PR475)
iii. Fire sprinkler system (service codes PR400-PR465)
c. Prior to concealing interior construction:
i. Fire alarm system (service codes PR500-PR520)

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

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

4. Emergency Responder Digital Radio System: Evidence of compliance with emergency responder digital radio system performance criteria shall be provided prior to occupancy. Place the following note on the plan: “This building shall be equipped with an emergency responder digital radio system per the requirements of the Orange County Sheriff’s Department-Communications & Technology Division”. For the initial submittal, OCSD/COMM requires the designer of the ERRCS/BDA /DAS system to provide the following for pre -evaluation: a. Project Name. b. Site address. c. Project description. d. Contractor contact information. e. BDA Model (S/N if available). f.

Proposed mode of operation (Class A/B). g. Proposed project timeline. This information is to be submitted by the designer via email to [email protected] and [email protected]. CFC 510
BUILDING DIVISION:

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

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

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

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

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

6. After the public hearing appeal period ends, applicant shall submit three (3) sets of construction plans 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.

PLANNING DIVISION:

1. This approval shall be for the development of a four (4)-story office building including associated off-street parking, landscaping, and site improvements on a propert y comprised of two ( 2) parcels containing approximately 0. 34 acres, located at 7 911 Orangethorpe Avenue (APNs: 276-362-09, and -17) in substantial compliance with Site Plan Review No. SP -22-30 D evelopment Plans dated “RECEIVED FEB 2 0, 202 4 PLANNING DIV.,” and as conditioned herein.

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

3. Plans submitted for plan check shall include architectural amenities generally consistent with the submitted conceptual plans stamped “RECEIVED FEB 2 0 2024 PLANNING DIV.” All construction drawings submitted for the development shall include sufficient construction details showing architectural accents, colors, details of construction, and techniques to ensure architectural compatibility throughout the development. Final details shall be approved by the Planning Division prior to issuance of building permits for the project. Final color and material samples shall be provided to the Planning Division with plan check submittals. Specifications and samples of the following shall be submitted to the Planning Division for review and approval prior to issuance of building permits:
a. Paint colors for stucco
b. Stucco exterior finish
c. Roofing material
d. Window and door trim
e. Decorative stone tile
f. Metal panel siding
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g. Enhanced building mounted light fixtures

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

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

5. Any new walls, fencing, and gates including those shown on plans shall comply with the City of Buena Park Municipal Code (BPMC) Chapter 19. 528 (Development Standards – Fences, Walls, Hedges, and Berms) and shall require separate fence and wall permit approval by the Planning Division, and other agencies as necessary.

6. A minimum 6-inch wide decorative masonry wall, at least 6 feet high measured from the highest finished grade on either side of the wall, shall be provided and maintained along the north property line; existing block walls located on the north and west property lines shall be repaired and finished where needed consistent with the submitted conceptual plans stamped “RECEIVED FEB 20 2024 PLANNING DIV.” in accordance with the structural design approved by the Building Division. All the perimeter walls shall match in color and texture. No block wall construction shall occur until a Grading Plan has been approved by the Public Works Department, if required. Double walls shall be filled and capped to the satisfaction of the City.

7. Landscaping shall be installed in substantial compliance with plans dated “RECEIVED FEB 2 0 2024 PLANNING DIV”. An electronic version of d etailed landscaping/irrigation/sprinkler plans, with signed and stamped Certification of Landscape Design form shall be submitted to the Planning Division for plan check. A ‘Landscape Installation Certificate of Completion’ shall be submitted to the Planning Division prior to issuance of building permits. All landscaping/irrigation/sprinkler plans shall comply with the City of Buena Park Water Efficiency Landscape Ordinance, Title 13, Chapter 13.30 (Water Efficient Landscaping) of the Buena Park Municipal Code.

8. A landscaping planter shall be provided at the southeast corner of the site within the entire required twenty (20) foot side yard area along Orangethorpe Avenue.

Appropriate landscaping shall be provided to screen all above grade utility mechanical equipment.

9. The planting of trees and shrubs shall have plant material selected and planting methods used which are suitable for the soil and climatic conditions of the site. The landscaping areas along the entire north property shall be planted with a row of trees to provide a landscape buffer from the adjacent single -family residentially zoned property located to the north. The proposed trees shall include a mixture of minimum 15-gallon, 24-inch box, including mature specimen trees in a 36-inch box size up to 48- inch b ox size. The tree spacing shall be no greater than the normal spread of the mature species but in no case greater than 20 feet from center to center. If the bottom line of foliage is above the fence line, additional lower growing shrubs or trees shall be DRAFT
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interspersed to provide a continuous visual screen. The tree species shall provide such continuous screening within five years.

All landscaped areas shall be separated from adjacent vehicular areas by a masonry wall or portland cement concrete (p.c.c.) curb a minimum of 6 inches in height, or by p.c.c. or masonry walkway. It is the applicant’s responsibility that this is also shown on the Water Quality Management Plans as well.

10. Installation of a landscaped parkway along Brenner Avenue in compliance with Public Works Department Condition of Approval, and consistent with the plans stamped “RECEIVED FEB 20 2024 PLANNING DIV.”, shall be installed and maintained by the property owner.

11. Decorative lighting to complement the architectural design of the development shall be provided throughout the entire development including the parking area and landscape areas. Final location and design of light standards and wall light fixtures shall be reviewed and approved by the Planning Division prior to issuance of building permits.

Standard light poles with box fixtures shall not be considered decorative.

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

Plans submitted for plan check shall include a complete photometric plan to illustrate the equivalent of one (1) foot candle minimum shall be provided throughout the project site. All luminaries shall be designed, shielded, or aimed in such a manner so as not to produce glare upon adjacent properties and public right-of-ways.

13. All parking areas and driveways shall be paved and striped in compliance with BPMC Section 19.536.060 (Parking Dimensions and Layout) and Section 19.536.070 (Parking Improvements), and as shown on the approved plan. All parking areas shall be striped with white double lines separating stalls, with minimum 4 -inch wide stripes and a minimum 8-inch separation. Installation of speed bumps shall not be permitted within required fire lanes, access drive aisle and driveway of the proposed project. It shall be the responsibility of the developer to submit to the Public Works Department such plans as are necessary to ensure the installation of curbs or walls do not detrimentally affect drainage.

14. In all angle-parking stalls (including ninety -degree parking) facing the perimeter of a parking area, individual concrete wheelstops or a six -inch high poured -in-place concrete curb shall be provided, located three feet inside the front boundary of the stalls.

15. A secure and convenient bicycle rack shall be provided. The design of the bicycle storage rack shall be consistent with the modern design of the building and shall be subject to the review and approval by the Community and Economic Development Director.

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

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

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

19. All roof-mounted mechanical equipment shall not visible from adjacent and surrounding properties and streets from a height of five (5) feet above ground level. The installation and screening of air conditioning and similar equipment shall comply with existing design criteria and BPMC Section 19. 544.020 (Visual Screening of Mechanical Equipment).

20. The proposed trash enclosure shall be incompliance with the Buena Park Municipal Code Section 19.524.010 (Trash Storage Facilities). The design, materials and colors of the trash enclosure shall match the building.

21. The following items shall be considered conditions of this development:
a. All landscaping including trees throughout the development shall be properly maintained in living condition and any damaged or diseased plant and tree shall be replaced in kind by the property owner.

b. The parking areas shall be maintained and clear of debris and storage in order to maintain parking.

22. All graffiti on the site shall be removed or painted over to match the color of the surface to which it is applied within 24 hours of its occurrence.

23. Prior to the issuance of any sign permit for the propose d office development, a sign program shall be reviewed and approved by the Planning Commission.

24. Signs shall be posted within the parking lot area that prohibit loitering at any time.

25. Any appreciable modifications to the approved plans or conditions of approval shall require the approval of the Planning Commission.

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

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Site Plan Review No. SP-22-30
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27. This approval may be revoked for any violation of noncompliance with any of these conditions in accordance with BPMC Section 19.132.030 (Revocation).

28. Prior to final inspection, these conditions and all improvements shall be completed to the satisfaction of the City.

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

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

31. The applicant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from any claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, any and all claims, lawsuits or actions arising from the granting of or exercise of the rights permitted by this approval and from any and all claims and losses occurring or resulting to any person, firm, or corporation, or property damage, injury, or death arising out of or connected with the performance of the use permitted hereby. Applicant’s obligation to indemnify, defend, and hold harmless the City as stated hereinabove shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City’s choice in representing the City in connection with any such claims, losses, lawsuits, or actions, and any award of such damages, judgments, verdicts, court costs or attorneys’ fees in any such lawsuit or action.

PASSED AND ADOPTED this 28th day of February 2024 by the following called vote:

AYES: 0 COMMISSIONER:

NOES: 0 COMMISSIONER:

ABSENT: 0 COMMISSIONER:

ABSTAINED: 0 COMMISSIONER:

_________________________
Mirvette Judeh
Chair

ATTEST:

________________________________
Swati Meshram, Ph.D., AICP, LEED AP
Planning Manager
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Resolution No.

Site Plan Review No. SP-22-30
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AFFIDAVIT OF ACCEPTANCE:

I/ We do hereby accept all of the conditions contained in this document and all other conditions imposed by Site Plan Review No. SP-22-30 and do agree that I/We shall conform with and abide by all such conditions.

Date:

Printed Name and Signature
Owner / Applicant

DRAFT
6988 Beach Blvd #B-215
Buena Park, CA 90621
(818) 939-1415
[email protected]
February 13, 2024
Project Narrative
Project Address : 7911 Orangethorpe Ave. Buena Park, CA 90621 Project Description : New ground up 4 story office building with 3 office spaces.

Owner : Innoproperties, LLC
Architect of Record : Innoarc
Electrical Engineer : JS Engineering INC.

Mechanical & Plumbing Engineer : JS Engineering INC.

Assessor’s ID number : 276-361-03
Zoning : CG
Type of Construction : TBD
Fire Sprinkler : Fully Sprinklered
Occupant Group : B
Total Building Area : 9,854 sf
Total Gross Usable Area : 5,916 sf
Parking :

Required Parking Spaces – 24 stalls (5,916 sf / 250)
Provided Parking Spaces – 24 stalls (1HC+16standards+7compacts) Total Occupant Load : 62
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Attachment 4

VICINITY MAP

PLANNING COMMISSION
February 28, 2024
Site Plan No. SP-22-30
7911 Orangethorpe Avenue
APN: 276-362-09 & 276-362-17

Beach Blvd
N
Stanton Ave
Orangethorpe Ave
Subject Site
City of Buena Park
Planning Commission Agenda Report
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.

Meeting
Wednesday, February 28, 2024, 6:30 PM
Agenda Group
PUBLIC HEARING Item: 5D
Presented By
Ian McAleese
Prepared By
Ian McAleese, Senior Planner
CASE SUMMARY:

RECOMMENDATION:

Staff recommends that the Planning Commission adopt the attached Resolution recommending that the City Council adopt the Ordinance approving Text Amendment No. C-24-2 and find that the proposed Zoning Code Text Amendment is Exempt from CEQA pursuant to State CEQA Guidelines Section 21080.17 based on the facts and findings provided herein.

APPLICATION ANALYSIS:

Background:

Government Code Section 65852.2 henceforth referenced as ‘State Law’ has required cities to allow Accessory Dwelling Units (ADU) in single-family zones with certain development standards/restrictions since 2003. Changes in State Law related to ADUs Senate Bill 1069 and Assembly Bill 2299 in 2017 and Senate Bill 229 and Assembly Bill 494 in 2018 were adopted to significantly reduce barriers to the development of ADUs which are seen as lower cost to construct and potentially increase the supply of more affordable housing.

The City Council approved an Urgency Ordinance No. 1641 which complied with State Law, and tracked closely with the subsequent permanent Ordinance No. 1642 adopted on May 18, 2018.

On October 2019, SB 13, AB 68, and AB 881 were signed into law, thereby enacting new statewide requirements for ADUs and JADUs.

In efforts to comply with the updates, on January 14, 2020, the City Council adopted Urgency Ordinance No. 1674. On January 29, 2020, the City submitted the ordinance to the California Department of Housing and Community Development (“HCD”) for review and comment.

On July 27, 2020, the City received the Department’s written determination listing seven (7) areas where the Urgency Ordinance potentially conflicted with State law. The City reviewed each of the Department’s findings, and adopted an Staff Recommendation: Adopt Resolution recommending City Council approval Public Notification: Posted on February 15, 2024 and Published on February 16, 2024 Meeting Date: February 28, 2024
Agenda Item Number: 5D
Project Proponent:

City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90622
updated Urgency Ordinance No. 1686 on August 25, 2020, along with Resolution No. 14195 with City’s findings and explanations for why Buena Park agreed with certain aspects of the Department’s determination, and disagreed in other respects.

After the adoption of the 2020 code update, HCD published its ADU Handbook, which implemented uniform standards and criteria to provide clarity on terms, references, and standards for ADUs.

On August 24, 2021, the Buena Park City Council adopted an Urgency Ordinance No. 1697 that established interim ADU and JADU development standards to be consistent with the ADU Handbook and further discussions with HDC.

Subsequently, State Laws including SB 897 and AB 2221 were signed into law in 2022, and AB 796 in 2023. Amongst other provisions, these bills modified ADU and JADU development standards and controls that include, but are not limited to the following:
i)Increasing the maximum height limits to 18 feet (or in some instances 20 feet) for certain ADUs; ii)Requiring local ordinances only impose objective development standards on ADUs, allowing construction of ADUs in the front yard setback area where construction of certain rear and side yard ADUs is otherwise infeasible; iii) Prohibiting denial of an ADU due to the correction of nonconforming zoning conditions, building code violations or unpermitted structures; and
iv) Other procedural requirements.
v) Removing the power of cities to require owner-occupancy when an ADU is constructed, The City’s Zoning Code provisions concerning development standards for ADUs and JADUs do not currently meet the mandated amendments to State Law regulations, which became effective on January 1, 2023.

Proposal:

The proposed zoning text amendment to BPMC Title 19 (Zoning Code) will update the development standards and requirements for ADUs and JADUs citywide for single-family residential, multifamily residential, and residential mixed-use developments, to update height requirements, objective design standards, setbacks, and owner-occupancy requirements in compliance with State Law.

DISCUSSION:

Currently BPMC Section 19.348.010 (Accessory Dwelling Units and Junior Accessory Dwelling Units) does not satisfy requirements of AB 2221, SB 879, and AB 976, listed above. The proposed zoning text amendment would provide updated City procedures and development standards for ADUs and JADUs that are consistent with State Law. The proposed zoning text amendment will also include some minor adjustments to clarify and clean up sections of the code.

Specific provisions of the proposed ordinance include:

1.Changing the height allowances.

2.Require that ADUs with second stories retain privacy between properties through screening.

3.Creating a definition of a manufactured home and creating specific objective design standards applicable to them.

4.Creating objective design standards to defining and requiring certain architectural elements.

These proposed code modifications will bring the City’s ADU code into compliance with the requirements of State Law, provide clearer standards for the Buena Park community, and allow for easy to understand design guidelines for future ADUs and JADUs.

Attachments
Planning Commission Resolution for Text Amendment No. C-24-2.pdf Proposed City Council Ordinance.pdf
ENVIRONMENTAL ASSESSMENT:

Under Public Resources Code Section 21080.17, CEQA does not apply to adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (State ADU Law). The proposed Zoning Text Amendment implements the updates to California Government Code Section 65852.2 and 65852.22 within the City of Buena Park Zoning Code in a manner that is consistent with the requirements of State ADU/JADU Laws that have gone into effect since January 1, 2023.

PUBLIC HEARING NOTIFICATION:

Notice of the public hearing was published in the Buena Park Independent on February 16, 2024; and posted at City Hall, the Buena Park Library, and Ehlers Event Center on February 15, 2024. As of the date of printing this report, the City has not received any inquiries or letters regarding the proposed action.

Prepared by: Ian McAleese, Senior Planner
Reviewed by: Harald Luna, Senior Planner
Approved by: Swati Meshram, PhD, AICP, LEED AP, Planning Manager

RESOLUTION NO.

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

A. Recitals.

(i) The City of Buena Park (“City”) is a California charter city with plenary authority over all “municipal affairs” and the broad “police powers” vested by California’s Constitution, pursuant to which it may make and enforce laws necessary to protect and preserve the health, safety, and welfare of residents’ subject only to enactments by the California Legislature on matters of “statewide concern.”

(ii) Consistent with such authority, the City enacted the Buena Park Municipal Code (BPMC) and Buena Park Zoning Code (Title 19 of the B PMC, hereinafter “BPZC”) to, among other things, regulate the location and nature of land uses in the City.

(iii) On September 28, 2022, Governor Gavin Newsom signed Senate Bill (“SB”) 897 and Assembly Bill (“AB”) 2221 into law and on October 11, 2023, signed AB 976 (the “Bills ”) into law , amending Government Code section 65852.2 , and thereby enacting new Statewide requirements for Accessory Dwelling Units (“ADU”) and Junior Accessory Dwelling Units (“JADU”).

(iv) On February 28, 2024, the Planning Commission of the City of Buena Park, held a duly noticed public hearing to consider a recommendation to the City Council to approve Zoning Text Amendment No. C-24-2. Said public hearing was concluded prior to the adoption of this Resolution.

B. Resolution.

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

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

2. Based upon substantial evidence presented to the Planning Commission during the above-referenced hearing, including written staff reports, verbal testimony, draft resolution , and draft Ordinance , the Planning Commission hereby specifically finds as follows:

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Resolution No.

Text Amendment No. C-24-2
February 28, 2024

a. Finding: Explanation of the relationship to the General Plan and any applicable Specific Plans. (See California Government Code Section 65855).

Fact: The proposed text amendment conforms to the City of Buena Park General Plan and furthers the intent of the Housing Element for providing more housing in the City by furthering Goal 3.0 and Policies 3.1, 3.2, and 3.3, and Goals LU-5 and LU-6 of the Land Use Element.

b. Finding: Consideration of the effect of the proposal on the housing needs of the region balanced against the public service needs of City residents and the fiscal and environmental resources available. (See California Government Code Section 65863.6).

Fact: The proposed text amendment expands the allowances for ADUs which will increase their viability and will not negatively impact housing needs.

3. The Planning Commission hereby recommends that the City Council of the City of Buena Park finds and determines that the proposed Zoning Text Amendment in this Resolution is exempt from CEQA pursuant to the California Public Resources Code Section 21080.17, because this amendment implements the provisions of Section 65852.2 of the Government Code, California’s ADU Law. The proposed zoning text amendment implements the updates to Government Code Section 65852.2.

4. The Planning Commission hereby recommends that the City Council of the City of Buena Park adopt the attached draft Ordinance approving Zoning Text Amendment No. C-24-2.

5. The Secretary of this Commission shall:

a. Certify to the adoption of this Resolution.

b. Transmit a copy of this Resolution to the City Council of the City of Buena Park together with the record prepared with respect to these proceedings including the attached ordinance approving proposed Zoning Text Amendment No.

C-24-2. This Resolution shall go into effect immediately upon its adoption.

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Resolution No.

Text Amendment No. C-24-2
February 28, 2024

PASSED AND ADOPTED this 28th day of February 2024 by the following called vote:

AYES: 0 COMMISSIONERS:

NOES: 0 COMMISSIONER:

ABSENT: 0 COMMISSIONER:

ABSTAINED: 0 COMMISSIONER:

_______________________
Mirvette Judeh
Chair

ATTESTED:

_____________________________________
Swati Meshram, PhD, AICP, LEED AP
Planning Manager

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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA, AMENDING SECTION 19.348.010
(ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS) OF TITLE 19 (ZONING) OF THE BUENA

PARK MUNICIPAL CODE

A. RECITALS.

(i) The City of Buena Park (“City”) is a California charter city with plenary authority over all “municipal affairs” and the broad “police powers” vested by California’s Constitution, pursuant to which it may make and enforce laws necessary to protect and preserve the health, safety, and welfare of residents’ subject only to enactments by the California Legislature on matters of “statewide concern.”

(ii) Consistent with such authority, the City enacted the Buena Park Municipal Code (“BPMC”) and Buena Park Zoning Code (Title 19 of the BMPC, hereinafter “BPZC”) to, among other things, regulate the location and nature of land uses in the City.

(iii) On September 28, 2022, Governor Gavin Newsom signed Senate Bill (“SB”) 897 and Assembly Bill (“AB”) 2221 into law and on October 11, 2023, signed AB 976 (the “Bills”) into law, amending Government Code section 65852.2, and thereby enacting new Statewide requirements for Accessory Dwelling Units (“ADU”) and Junior Accessory Dwelling Units (“JADU”).

(iv) On February 28, 2024, the Planning Commission of the City of Buena Park, held a duly noticed public hearing to consider a recommendation to the City Council to approve Zoning Text Amendment No. C-24-2 and unanimously recommended that the City Council approve the Text Amendment.

(v) On March 26, 2024, the City Council conducted a duly noticed public hearing to consider Zoning Text Amendment No. C-23-1.

(vi) This Ordinance is a text change to the B PZC and has been processed and considered in accordance with the provisions of Section 19.124.010 (Text Change) of the Buena Park Municipal Code, as well as applicable provisions of California law, and all other 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. Recitals. The facts set forth in the Recitals, Part A, of this Ordinance are true and correct, and incorporated into this Ordinance as substantive findings.

SECTION 2. Section 19.348.010 of the Buena Park Municipal Code, entitled “Accessory Dwelling Units and Junior Accessory Dwelling Units,” is hereby amended to read as follows (new text reflected in underline and deleted text in strikethrough):

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ORDINANCE NO. _______

19.348.010 Accessory Dwelling Units and Junior Accessory Dwelling Units.

A. Purpose. The purpose of this section is to establish regulations governing accessory dwelling units (ADU) and junior accessory dwelling units (JADU) in compliance with California Government Code Sections 65852.2 and 65852.22, and to provide local standards for the development of accessory dwelling units and junior accessory dwelling units so as to increase the supply of smaller and affordable housing units in the city while ensuring that such units remain compatible with existing neighborhoods.

An accessory dwelling unit also includes a manufactured home, as defined in Section 18007 of the Health and Safety Code.

B. Submittal Requirements and Application Processing. Any application for an accessory dwelling unit or junior accessory dwelling unit shall include a site plan, floor plan, demolition plan, and elevations substantiating and evidencing compliance with all applicable development standards. Where all requirements of this section and the Buena Park City Code appear to be met, the application shall be approved ministerially without discretionary review or public hearing within sixty (60) days of receiving the application. The City and applicant may agree to additional time with a written request from the applicant.

If the City denies an application for an ADU or JADU, the City shall, within the 60-day period, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and provide a description of how the application can be corrected by the applicant.

Applications to replace a detached garage with an ADU shall require a demolition permit for the garage. The demolition permit will be reviewed with the ap plication for the ADU and issued at the same time as the permit to construct the ADU.

C. Development Standards. Under the provisions of this section, each accessory dwelling unit or junior accessory dwelling unit shall comply with local building codes and all development standards contained in Division 3 (Single Family Residential Zones) of this Title 19 (Zoning), except as otherwise specified herein:

1. Location. Accessory dwelling units are allowed on lots zoned for single -family residential which contain or are proposed to be developed with a single-family dwelling, or on lots zoned for multi-family residential or mixed-use residential use which contain or are proposed to be developed with a multi-family dwelling. Subject to the standards of this section, accessory dwelling units may be attached, detached, or located within an existing primary residence, which shall include an attached garage, or existing accessory structure. Junior accessory dwelling units shall only be allowed on lots zoned for single-family residential use and which are developed with or are proposed to be developed with a single-family dwelling.

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2. Minimum Lot Size and Allowable Density . Minimum lot size and density requirements shall not be applicable when determining minimum lot size or allowable density for development of an accessory dwelling unit or junior accessory dwelling unit.

3. Height of Structure. The height of an attached or detached accessory dwelling unit shall not exceed sixteen (16) feet, measured from grade, except as follows:

a. Notwithstanding Section C.3 above, if the existing or proposed primary dwelling unit is two stories in height, the attached or detached accessory dwelling unit may also be up to two-stories in height.

a. Notwithstanding Section C.3 above, ADUs on single-family zoned lots, if the ADU is attached to the primary dwelling unit, the maximum height is two (2) stories not to exceed thirty (30) feet, or as high as the existing two-story primary dwelling unit, whichever is lower.

b. Notwithstanding Section C.3 above, the maximum height of a detached ADU on a lot zoned for multifamily residential or residential mixed -use which are developed or proposed to be developed with a multifamily, multistory dwelling is 20 feet.

c. Notwithstanding Section C.3 above, if a parcel contains an existing or proposed single-family or multifamily dwelling unit is located within one half of one mile of a “major transit stop” or a “ high quality transit corridor” as those terms are defined in Section 21155 of the Public Resource Code, the maximum height of a detached ADU is 20 feet, measured from existing finished grade to the highest point of the roof.

4. Access. Any external access staircase for the accessory dwelling unit, whether attached or detached, shall not be located at the front on street facing elevation(s) of the single-family or multi-family dwelling unit(s), as applicable.

5. Setbacks.

a. An existing living area or accessory structure that is converted to an accessory dwelling unit, or an accessory dwelling unit that is constructed in the same location and to the same dimensions as an existing living area or accessory structure, may maintain the existing setbacks applicable to the existing area or structure. Any other accessory dwelling unit must maintain a minimum 4-foot setback of four (4) feet to the rear-yard property line and four (4) feet to the side- yard property line.

b. Any second story windows, decks, balconies or landing shall provide screening to minimize the loss of privacy for neighboring properties. A minimum second story balcony side or rear yard setback of 5 ft. to the property line shall be provided.

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c. An ADU that complies with all other applicable development standards may be built within the front yard setback of a lot if it is otherwise physically infeasible to build such an ADU on other areas of the lot while maintaining the minimum rear and side yard setbacks outlined in this Subsection (C)(5).

6. Number of Dwelling Units.

a. Single -Family Zone. The number of accessory dwelling units or junior accessory dwelling units that may be located on any lot in single-family zones is limited to one (1) of the following options:

i. ADU Conversion. One (1) accessory dwelling unit may be located within an existing single -family dwelling or existing accessory structure, or within a single -family dwelling that is proposed to be constructed. Accessory dwelling units that are located within an existing accessory structure may include an expansion of not more than one hundred fifty (150) square feet beyond the existing or proposed physical dimensions of the structure for the exclusive purpose of accommodating ingress and egress to the accessory dwelling unit.

ii. New ADU. One (1) detached or attached newly constructed accessory dwelling unit may be located on lots which contain an existing single-family dwelling or which are proposed to be developed with a single-family dwelling.

iii. Junior ADU. One (1) junior accessory dwelling unit may be located within a single -family dwelling, which shall include an attached garage, or within a single-family dwelling that is proposed to be constructed. The junior accessory dwelling unit conversion may include an expansion of not more than one hundred fifty (150) square feet beyond the existing physical dimensions of the single-family dwelling only for the purpose of accommodating ingress and egress to the junior accessory dwelling unit.

iv. Unit Combinations. One (1) junior accessory dwelling unit under subsection CB.65.a.iii above, plus one (1) detached newly constructed accessory dwelling unit under subsection (B)(5)(a)(ii) subsection C.6.a.i or subsection C.6.a.ii above, may be located on lots which are or are proposed to be developed with a single-family dwelling.

b. Multifamily Zones and Mixed Use Zones. The number of accessory dwelling units that may be constructed on any lot in multifamily residential zones and mixed use zones is limited as follows:

i. A maximum of two (2) newly constructed detached accessory dwelling units may be constructed on lots which are developed or are proposed to be developed with a multi-family dwelling unit. so long as any accessory dwelling unit is no more than 16 feet in height from grade, and has at least 4-foot side and rear yards setbacks.

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ORDINANCE NO. _______

ii. Within an existing multifamily dwelling structure, an accessory dwelling unit may be converted from areas not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. The number of accessory dwelling units that may be developed within an existing multifamily dwelling shall not exceed 25 percent of the existing dwelling units within the multifamily dwelling structure (not counting any accessory dwelling units). At least one (1) such accessory dwelling unit conversion is permitted under this subsection. All such units shall comply with applicable fire and building code requirements.

iii. Junior accessory dwelling units are not permitted in multifamily residential zones.

7. Dwelling Size.

a. Newly constructed attached or detached accessory dwelling units shall not exceed 850 square feet for an accessory dwelling unit that provides up to one bedroom, and shall not exceed 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.

b. The total floor area of any attached or detached accessory dwelling unit or a junior accessory dwelling unit shall be of a minimum of 150 square feet, or as specified in Section 17958.1 of the California Health and Safety Code.

c. Junior accessory dwelling units shall not exceed 500 square feet.

8. Off-Street Parking. One parking space per accessory dwelling unit shall be provided. These spaces may be provided as tandem parking on an existing driveway, or on a driveway in side yard and rear yard as permitted in Table 19.320.030 -C and Table 19.320.040-D of this Title. Parking is limited to lawfully paved areas approved by the City. No parking for the accessory dwelling unit is required if any one (1) of the following conditions are met:

a. The unit is located within 1/2 one-half of one mile of walking distance of public transit.

b. The unit is located within an architecturally and historically significant historic district.

c. The unit is part of (i.e., contained within) the footprint of the primary single family dwelling or an accessory building.

d. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit.

e. When there is a car share vehicle located within 1 block of the unit.

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f. When an existing garage, carport, or covered parking structure is demolished in conjunction with the development or conversion of an ADU, replacement off-street parking for the main dwelling unit shall not be required.

g. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this paragraph.

9. Location of Required Parking. Parking required or proposed for the accessory dwelling unit may be located in the following locations, as approved by the City, ordered from most preferred to least preferred:

a. A garage, carport, or covered space on a driveway; which complies with required setbacks for both primary and accessory structures.

b. An uncovered tandem space on a driveway.

c. Within the required street side yard setback.

d. Within the required side or rear yard setback subject to screening.

e. Within the required front yard setback.

f. Parking in setbacks and tandem driveway parking remain subject to the Building Code regarding egress and any other applicable site specific fire and/or life safety conditions of approval as determined by the Building Official.

g. Onsite parking required for the accessory dwelling unit shall be maintained and available for parking purposes at all times.

10. Vehicular Access.

a. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless:

i. The accessory dwelling unit has access from an alley contiguous to the lot; or

ii. The lot is a corner lot with a second driveway, and the second driveway is located on the side street; and

iii. A second driveway does not result in the loss of an on -street parking space.

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b. No passageway connecting the accessory dwelling unit to a street is required. Each accessory dwelling unit or junior accessory dwelling unit shall maintain independent exterior access from the existing residence.

11. Way Finding. Each unit shall display address in compliance with the current California Residential Code as adopted and amended by the City.

12. Utilities. All utilities servicing the accessory dwelling unit or junior accessory dwelling unit may be metered in conjunction with the primary dwelling, in compliance with Government Code Section 65852.2(f).

13. Restricted Areas. Accessory dwelling units or junior accessory dwelling units shall not be allowed where roadways, public utilities and services are inadequate with reference to objective and published thresholds established by the utility or service provider. To ensure access by public safety vehicles, an accessory dwelling unit may not be located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority’s Master Plans for Commercial and Residential Development (as the same may be amended from time to time), unless:

a. One (1) on -site parking space is provided for each bedroom included in the accessory dwelling unit; and

b. Replacement on-site parking spaces are provided for any parking spaces that are lost or converted to accommodate the accessory dwelling unit; or alternatively,

c. A conditional use permit is issued pursuant to Section 19.128.020 of this code, provided that the conditional use permit shall be approved if affirmative findings are made based on the following criteria:

(i) Adequate street access and traffic capacity are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area; and

(ii) Adequate utilities and public services are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area.

14. Building and fire codes. The property owner shall comply with all current State and local building and fire codes. Fire sprinklers are not required for the accessory dwelling unit or junior accessory dwelling unit if they are not required for the primary residence or multi-family dwelling. The construction of an ADU, by itself, shall not trigger requirements to install fire sprinklers in any existing main dwelling.

15. Park fees. For accessory dwelling units of 750 square feet or more, a proportionate amount of Park Land Dedications and In -Lieu Fees shall be paid, based upon the DRAFT

ORDINANCE NO. _______

square footage of the primary dwelling unit as computed per Chapter 18.64 of Title 18 of the Buena Park City Code. For accessory units located on multi -family properties, Park Land Dedications and In -Lieu Fees shall be calculated based upon a proportion of the total number of units in the dwelling.

16. Architectural Objective Design Standards Compatibility. Accessory dwelling units or junior accessory dwelling units shall incorporate the same architectural features, building materials, and color as the main dwelling unit on the property. These features shall include, but are not limited to, roofing material, roof design (i.e. slope, style), fascia, exterior building finish, color, exterior doors, and windows, including, but not limited to, ratios of window dimensions (i.e., width to height) and window area to wall area, garage door, and architectural enhancements.

When an existing garage is converted into a JADU/ADU, the existing garage door, if visible from public or private right-of-way, shall be eliminated and replaced with a wall, windows, door, or other exterior design features which are architecturally consistent with the exterior design of the structure and the main dwelling.

Second story windows and glass doors shall be located to retain privacy between properties through such methods as offset or clerestory placement, use of opaque or view-obscuring glass.

Manufactured homes shall be equipped with skirting to give the appearance of the manufactured home being located on grade. Synthetic materials of a similar appearance to the materi als of the structure of the main dwelling and equivalent durability shall be permitted. Exterior siding shall be installed from the exterior finished grade to a point at or near the roof. However, if an approved solid wood, metal, concrete, or masonry perimeter foundation is used, the siding need not extend below the top of the foundation.

17. Owner Occupancy Required. As a condition to obtaining a building permit for an approved accessory dwelling unit, the property owner shall file with the County Recorder a declaration or agreement of covenants and restrictions that states one of the units shall be occupied as the primary residence of the owner of the lot. An accessory dwelling unit that is approved after January 1, 2020, but before January 1, 2025, is not subject to the owner-occupancy and accompanying recordation of a deed restriction requirement.

18 17. Separate sale prohibited. An accessory dwelling unit cannot may not be sold separately from the primary residence.

19. The accessory dwelling unit shall be considered legal only so long as either the primary residence, or the accessory dwelling unit, is occupied by the owner of record of the property; provided that, an accessory dwelling unit that is approved after January 1, 2020 but before January 1, 2025, is not subject to the owner-occupancy requirement.

20 18. Short -term Rental Prohibited . The minimum rental term of the accessory dwelling unit shall be no less than 30 days.

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21 19. Demolished or destroyed. If the accessory dwelling unit is demolished or destroyed, or if the accessory dwelling unit is modified such that it no longer complies with this section, the property owner shall return the lot and all improvements into a condition that complies fully with applicable land use and building standards set forth in this Code. The property owner shall apply for any and all permits necessary to complete the scope of work, as required under the City’s building and fire codes.

22 20. Specific Junior Accessory Dwelling Units Requirements.

Notwithstanding anything contrary in this section, the requirements and standards of this subsection shall apply specifically to junior accessory dwelling units.

a. The owner of the single -family lot shall occupy the single -family dwelling, any accessory dwelling unit that may exist on the lot in compliance with this section, or the junior accessory dwelling unit as their principal place of residence.

b. As a condition to obtaining a building permit for a junior accessory dwelling unit, the property owner shall file with the County Recorder a declaration or agreement to restrictions, containing a reference to the deed under which the property was acquired by the owner and stating that:

1. The junior accessory dwelling unit cannot be sold separately from the primary residence; and

2. The size and attributes of the junior accessory dwelling units shall conform at all times with the requirements of California Government Code section 65852.22 and the Buena Park Municipal Code; and

3. Minimum rental term of either the junior accessory dwelling unit or primary residence shall be no less than 30 days; and

4. The restrictions shall be binding upon any successor in interest and ownership of the property and lack of compliance may resul t in legal action against the property owner to compel compliance with this section.

c. A junior accessory dwelling unit shall include: a separate entrance from the main entrance to the proposed or existing single-family residence; and an efficiency kitchen, which shall include a cooking facility with appliances, and a food preparation counter or counters that is of reasonable size in relation to the size of the junior accessory dwelling unit.

d. When an existing garage, carport, or covered parking structure is demolished in conjunction with the development or conversion of a JADU, replacement off - street parking is required.

e. A junior accessory dwelling unit that does not include a separate bathroom shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

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f. The owner of a property with a junior accessory dwelling unit shall reside in one of the dwelling units on the property. This owner -occupancy requirement shall not apply to a junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.

SECTION 3. Environmental Review. The proposed zone text amendment is exempt from CEQA pursuant to the California Public Resources Code Section 21080.17, which provides that a project is exempt as CEQA does not apply to adoption of ordinances by a city or county that implement the provisions of Section 65852.2 of the Government Code, which is California’s ADU Law and which also regulates Junior Accessory Dwelling Units, as defined by Section 65852.22 of the Government Code. The proposed zoning text amendment implements the updates to Government Code Section 65852.2 that have gone into effect since January 1, 2023

SECTION 4. Severability. The City Council declares that, should any provision, section; paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.

SECTION 5. Effectiveness. This Ordinance shall take effect 30 days after the final passage by City Council.

SECTION 6. Certification. The City Clerk of the City of Buena Park shall certify to the passage of the Ordinance and shall cause the same to be posted 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:

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ORDINANCE NO. _______

________________________________
Mayor

ATTEST:

_______________________________
City Clerk

I, Adria 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.

______________________________________
City Clerk
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City of Buena Park
City Council Regular Meeting Agenda Report
ORDINANCE ADOPTING TEXT AMENDMENT NO. C-24-2 TO REVISE TITLE 19 OF THE BUENA PARK MUNICIPAL

CODE REGARDING DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS
Zoning Text Amendment within Title 19 of the Buena Park Municipal Code regarding development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in the Single-Family and Multifamily Residential Zones Section 19.348.010 (Accessory Dwelling Units and Junior Accessory Dwelling Units) Citywide.

Meeting
Tuesday, March 26, 2024, 5:00 PM
Agenda Group
PUBLIC HEARING Item: 6B
Presented By
Ian McAleese, Associate Planner
Prepared By
Matt Foulkes, Director of Community and Economic Development Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Conduct a public hearing; and, 2) Make certain findings and adopt an Ordinance amending Title 19 (Zoning) of the Buena Park Municipal Code (BPMC) in specified Section 19.348.010 related to Accessory Dwelling Units and Junior Accessory Dwelling Units within Single-Family and Multifamily residential zones.

PREVIOUS CITY COUNCIL ACTION
On February 28, 2024, the Planning Commission considered the proposed Ordinance and adopted Resolution No. 6329 recommending that the City Council adopt the proposed Ordinance approving Text Amendment No. C-24-2, by a 5-0 vote.

DISCUSSION
Since 2003, state law (Government Code Section 65852.2) has required cities to allow Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) in single-family zones subject to certain development standards. Amendments to state law over the past five years have resulted in the City amending the municipal code several times to remain compliant.

In 2022, Senate Bill 897 and Assembly Bill 2221, as well as Assembly Bill 976 in 2023, were signed into law to further reduce barriers to the development of ADUs and JADUs. These bills have modified ADU and JADU development standards and require the City to update the applicable municipal code sections to be consistent with state law.

Currently, the Zoning Code does not satisfy requirements of AB 2221, SB 879, and AB 976. The proposed zoning text amendment will update the development standards and requirements for ADUs and JADUs Citywide for single-family residential, multifamily residential, and residential mixed-use developments. It will update height requirements, objective design standards, setbacks, and owner-occupancy requirements in compliance with state law. In addition to the development standards, the proposed zoning text amendment also includes minor adjustments to clarify sections of the code applicable to ADU/JADUs.

Attachments
City Council Ordinance - Text Amendment No. C-24-2.pdf
Planning Commission Resolution No. 6329.pdf
Specific provisions of the proposed ordinance include:

1. 2.

3. 4.

These proposed code amendments will bring the City’s ADU regulations into compliance with state law, provide clearer standards for the community, and allow for easy-to-understand design guidelines for future ADUs and JADUs.

ENVIRONMENTAL ASSESSMENT
Public Resources Code Section 21080.17, CEQA does not apply to adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (State ADU Law). The proposed Zoning Text Amendment implements the updates to California Government Code Section 65852.2 and 65852.22 within the City of Buena Park Zoning Code in a manner that is consistent with the requirements of state ADU/JADU laws that have gone into effect since January 1, 2023.

PUBLIC HEARING NOTICE
A notice of the public hearing was posted at City Hall, the Buena Park Library, and Ehlers Event Center on March 15, 2024.

A notice of the public hearing was also published in the Buena Park Independent on March 15, 2024.

BUDGET IMPACT
There is no budget impact associated with the proposed Ordinance.

Changing the height allowances to match state law.

Requiring that ADUs with second stories retain privacy between properties through screening.

Creating a definition of a manufactured home in compliance with state law and creating specific objective design standards applicable within the City.

Creating objective design standards applicable to all ADUs defining and requiring certain architectural elements.

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA, AMENDING SECTION 19.348.010
(ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS) OF TITLE 19 (ZONING) OF THE BUENA

PARK MUNICIPAL CODE

A. RECITALS.

(i) The City of Buena Park (“City”) is a California charter city with plenary authority over all “municip al affairs” and the broad “police powers” vested by California’s Constitution, pursuant to which it may make and enforce laws necessary to protect and preserve the health, safety, and welfare of residents’ subject only to enactments by the California Legis lature on matters of “statewide concern.”

(ii) Consistent with such authority, the City enacted the Buena Park Municipal Code (“BPMC”) and Buena Park Zoning Code (Title 19 of the BMPC, hereinafter “BPZC”) to, among other things, regulate the location and nature of land uses in the City.

(iii) On September 28, 2022, Governor Gavin Newsom signed Senate Bill (“SB”) 897 and Assembly Bill (“AB”) 2221 into law and on October 11, 2023, signed AB 976 (the “Bills”) into law, amending Government Code section 65852.2, and thereby enacting new Statewide requirements for Accessory Dwelling Units (“ADU”) and Junior Accessory Dwelling Units (“JADU”).

(iv) On February 28, 2024, the Planning Commission of the City of Buena Park, held a duly noticed public hearing to consider a recommendation to the City Council to approve Zoning Text Amendment No. C-24-2 and unanimously recommended that the City Council approve the Text Amendment.

(v) On March 26, 2024, the City Council conducted a duly noticed public hearing to consider Zoning Text Amendment No. C-24-2.

(vi) This Ordinance is a text change to the B PZC and has been processed and considered in accordance with the provisions of Section 19.124.010 (Text Change) of the Buena Park Municipal Code, as well as applicable provisions of California law, and all other 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. Recitals. The facts set forth in the Recitals, Part A, of this Ordinance are true and correct, and incorporated into this Ordinance as substantive findings.

SECTION 2. Section 19.348.010 of the Buena Park Municipal Code, entitled “Accessory Dwelling Units and Junior Accessory Dwelling Units,” is hereby amended to read as follows (new text reflected in underline and deleted text in strikethrough):

ORDINANCE NO. _______

19.348.010 Accessory Dwelling Units and Junior Accessory Dwelling Units.

A. Purpose. The purpose of this section is to establish regulations governing accessory dwelling units (ADU) and junior accessory dwelling units (JADU) in compliance with California Government Code Sections 65852.2 and 65852.22, and to provide local standards for the development of accessory dwelling units and junior accessory dwelling units so as to increase the supply of smaller and affordable housing units in the city while ensuring that such units remain compatible with existing neighborhoods.

An accessory dwelling unit also includes a manufactured home, as defined in Section 18007 of the Health and Safety Code.

B. Submittal Requirements and Application Processing. Any application for an accessory dwelling unit or junior accessory dwelling unit shall include a site plan, floor plan, demolition plan, and elevations substantiating and evidencing compliance with all applicable development standards. Where all requirements of this section and the Buena Park City Code appear to be met, the application shall be approved ministerially without discretionary review or public hearing within sixty (60) days of receiving the application. The City and applicant may ag ree to additional time with a written request from the applicant.

If the City denies an application for an ADU or JADU, the City shall, within the 60-day period, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and provide a description of how the application can be corrected by the applicant.

Applications to replace a detached garage with an ADU shall require a demolition permit for the garage. The demolition permit will be reviewed with the ap plication for the ADU and issued at the same time as the permit to construct the ADU.

C. Development Standards. Under the provisions of this section, each accessory dwelling unit or junior accessory dwelling unit shall comply with local building codes and al l development standards contained in Division 3 (Single Family Residential Zones) of this Title 19 (Zoning), except as otherwise specified herein:

1. Location. Accessory dwelling units are allowed on lots zoned for single -family residential which contain or are proposed to be developed with a single-family dwelling, or on lots zoned for multi-family residential or mixed-use residential use which contain or are proposed to be developed with a multi-family dwelling. Subject to the standards of this section, accessory dwelling units may be attached, detached, or located within an existing primary residence , which shall include an attached garage, or existing accessory structure. Junior accessory dwelling units shall only be allowed on lots zoned for single-family residential use and which are developed with or are proposed to be developed with a single-family dwelling.

ORDINANCE NO. _______

2. Minimum Lot Size and Allowable Density . Minimum lot size and density requirements shall not be applicable when determining minimum lot size or allowable density for development of an accessory dwelling unit or junior accessory dwelling unit.

3. Height of Structure. The height of an attached or detached accessory dwelling unit shall not exceed sixteen (16) feet, measured from grade, except as follows:

a. Notwithstanding Section C.3 above, if the existing or proposed primary dwelling unit is two stories in height, the attached or detached accessory dwelling unit may also be up to two-stories in height.

a. Notwithstanding Section C.3 above, ADUs on single-family zoned lots, if the ADU is attached to the primary dwelling unit, the maximum height is two (2) stories not to exceed thirty (30) feet, or as high as the existing two-story primary dwelling unit, whichever is lower.

b. Notwithstanding Section C.3 above, the maximum height of a detached ADU on a lot zoned for multifamily residential or residential mixed -use which are developed or proposed to be developed with a multifamily, multistory dwelling is 20 feet.

c. Notwithstanding Section C.3 above, if a parcel contains an existing or proposed single-family or multifamily dwelling unit is located within one half of one mile of a “major transit stop” or a “ high quality transit corridor” as those terms are defined in Section 21155 of the Public Resource Code, the maximum height of a detached ADU is 20 feet, measured from existing finished grade to the highest point of the roof.

4. Access. Any external access staircase for the accessory dwelling unit, whether attached or detached, shall not be located at the front on street facing elevation(s) of the single-family or multi-family dwelling unit(s), as applicable.

5. Setbacks.

a. An existing living area or accessory structure that is converted to an accessory dwelling unit, or an accessory dwelling unit that is constructed in the same location and to the same dimensions as an existing living area or accessory structure, may maintain the existing setbacks applicable to the existing area or structure. Any other accessory dwelling unit must maintain a minimum 4-foot setback of four (4) feet to the rear-yard property line and four (4) feet to the side- yard property line.

b. Any second story windows, decks, balconies or landing shall provide screening to minimize the loss of privacy for neighboring properties. A minimum second story balcony side or rear yard setback of 5 ft. to the property line shall be provided.

ORDINANCE NO. _______

c. An ADU that complies with all other applicable development standards may be built within the front yard setback of a lot if it is otherwise physically infeasible to build such an ADU on other areas of the lot while maintaining the minimum rear and side yard setbacks outlined in this Subsection (C)(5).

6. Number of Dwelling Units.

a. Single -Family Zone. The number of accessory dwelling units or junior accessory dwelling units that may be located on any lot in single-family zones is limited to one (1) of the following options:

i. ADU Conversion. One (1) accessory dwelling unit may be located within an existing single -family dwelling or existing accessory structure, or within a single -family dwelling that is proposed to be constructed. Accessory dwelling units that are located within an existing accessory structure may include an expansion of not more than one hundred fifty (150) square feet beyond the existing or proposed physical dimensions of the structure for the exclusive purpose of accommodating ingress and egress to the accessory dwelling unit.

ii. New ADU. One (1) detached or attached newly constructed accessory dwelling unit may be located on lots which contain an existing single-family dwelling or which are proposed to be developed with a single-family dwelling.

iii. Junior ADU. One (1) junior accessory dwelling unit may be located within a single -family dwelling, which shall include an attached garage, or within a single-family dwelling that is proposed to be constructed. The junior accessory dwelling unit conversion may include an expansion of not more than one hundred fifty (150) square feet beyond the existing physical dimensions of the single-family dwelling only for the purpose of accommodating ingress and egress to the junior accessory dwelling unit.

iv. Unit Combinations. One (1) junior accessory dwelling unit under subsection CB.65.a.iii above, plus one (1) detached newly constructed accessory dwelling unit under subsection (B)(5)(a)(ii) subsection C.6.a.i or subsection C.6.a.i i above, may be located on lots which are or are proposed to be developed with a single-family dwelling.

b. Multifamily Zones and Mixed Use Zones . The number of accessory dwelling units that may be constructed on any lot in multifamily residential zones and mixed use zones is limited as follows:

i. A maximum of two (2) newly constructed detached accessory dwelling units may be constructed on lots which are developed or are proposed to be developed with a multi-family dwelling unit. so long as any accessory dwelling unit is no more than 16 feet in height from grade, and has at least 4-foot side and rear yards setbacks.

ORDINANCE NO. _______

ii. Within an existing multifamily dwelling structure, an accessory dwelling unit may be converted from areas not us ed as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. The number of accessory dwelling units that may be developed within an existing multifamily dwelling shall not exceed 25 percent of t he existing dwelling units within the multifamily dwelling structure (not counting any accessory dwelling units). At least one (1) such accessory dwelling unit conversion is permitted under this subsection. All such units shall comply with applicable fire and building code requirements.

iii. Junior accessory dwelling units are not permitted in multifamily residential zones.

7. Dwelling Size.

a. Newly constructed attached or detached accessory dwelling units shall not exceed 850 square feet for an accessory dwelling unit that provides up to one bedroom, and shall not exceed 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.

b. The total floor area of any attached or detached accessory dwelling unit or a junior accessory dwelling unit shall be of a minimum of 150 square feet, or as specified in Section 17958.1 of the California Health and Safety Code.

c. Junior accessory dwelling units shall not exceed 500 square feet.

8. Off-Street Parking. One parking space per accessory dwelling unit shall be provided. These spaces may be provided as tandem parking on an existing driveway, or on a driveway in side yard and rear yard as permitted in Table 19.320.030 -C and Table 19.320.040-D of this Title. Parking is limited to lawfully paved areas approved by the City. No parking for the accessory dwelling unit is required if any one (1) of the following conditions are met:

a. The unit is located within 1/2 one-half of one mile of walking distance of public transit.

b. The unit is located within an architecturally and historically significant historic district.

c. The unit is part of (i.e., contained within) the footprint of the primary single family dwelling or an accessory building.

d. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit.

e. When there is a car share vehicle located within 1 block of the unit.

ORDINANCE NO. _______

f. When an existing garage, carport, or covered parking structure is demolished in conjunction with the development or conversion of an ADU, replacement off-street parking for the main dwelling unit shall not be required.

g. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this paragraph.

9. Location of Required Parking. Parking required or proposed for the accessory dwelling unit may be located in the following locations, as approved by the City, ordered from most preferred to least preferred:

a. A garage, carport, or covered space on a driveway; which complies with required setbacks for both primary and accessory structures.

b. An uncovered tandem space on a driveway.

c. Within the required street side yard setback.

d. Within the required side or rear yard setback subject to screening.

e. Within the required front yard setback.

f. Parking in setbacks and tandem driveway parking remain subject to the Building Code regarding egress and any other applicable site specific fire and/or life safety conditions of approval as determined by the Building Official.

g. Onsite parking required for the accessory dwelling unit shall be maintained and available for parking purposes at all times.

10. Vehicular Access.

a. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless:

i. The accessory dwelling unit has access from an alley contiguous to the lot; or

ii. The lot is a corner lot with a second driveway, and the second driveway is located on the side street; and

iii. A second driveway does not result in the loss of an on -street parking space.

ORDINANCE NO. _______

b. No passageway connecting the accessory dwelling unit to a street is required. Each accessory dwelling unit or junior accessory dwelling unit shall maintain independent exterior access from the existing residence.

11. Way Finding. Each unit shall display address in compliance with the current California Residential Code as adopted and amended by the City.

12. Utilities. All utilities servicing the accessory dwelling unit or junior accessory dwelling unit may be metered in conjunction with the primary dwelling, in compliance with Government Code Section 65852.2(f).

13. Restricted Areas. Accessory dwelling units or junior accessory dwelling units shall not be allowed where roadways, public utilities and services are inadequate with reference to objective and published thresholds established by the utility or service provider. To ensure access by public safety vehicles, an accessory dwelling unit may not be located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority’s Master Plans for Commercial and Residential Development (as the same may be amended from time to time), unless:

a. One (1) on -site parking space is provided for each bedroom included in the accessory dwelling unit; and

b. Replacement on-site parking spaces are provided for any parking spaces that are los t or converted to accommodate the accessory dwelling unit; or alternatively,

c. A conditional use permit is issued pursuant to Section 19.128.020 of this code, provided that the conditional use permit shall be approved if affirmative findings are made based on the following criteria:

(i) Adequate street access and traffic capacity are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area; and

(ii) Adequate utilities and public services are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area.

14. Building and fire codes. The property owner shall comply with all current State and local building and fire codes. Fire spr inklers are not required for the accessory dwelling unit or junior accessory dwelling unit if they are not required for the primary residence or multi-family dwelling. The construction of an ADU, by itself, shall not trigger requirements to install fire sprinklers in any existing main dwelling.

15. Park fees. For accessory dwelling units of 750 square feet or more, a proportionate amount of Park Land Dedications and In -Lieu Fees shall be paid, based upon the

ORDINANCE NO. _______

square footage of the primary dwelling unit as computed per Chapter 18.64 of Title 18 of the Buena Park City Code. For accessory units located on multi -family properties, Park Land Dedications and In -Lieu Fees shall be calculated based upon a proportion of the total number of units in the dwelling.

16. Architectural Objective Design Standards Compatibility. Accessory dwelling units or junior accessory dwelling units shall incorporate the same architectural features, building materials, and color as the main dwelling unit on the property. These features shall include, but are not limited to, roofing material, roof design (i.e. slope, style), fascia, exterior building finish, color, exterior doors, and windows, including, but not limited to, ratios of window dimensions (i.e., width to height) and window area to wall area, garage door, and architectural enhancements.

When an existing garage is converted into a JADU/ADU, the existing garage door, if visible from public or private right-of-way, shall be eliminated and replaced with a wall, windows, door, or other exterior design features which are architecturally consistent with the exterior design of the structure and the main dwelling.

Second story windows and glass doors shall be located to retain p rivacy between properties through such methods as offset or clerestory placement, use of opaque or view-obscuring glass.

Manufactured homes shall be equipped with skirting to give the appearance of the manufactured home being located on grade. Synthetic m aterials of a similar appearance to the materials of the structure of the main dwelling and equivalent durability shall be permitted. Exterior siding shall be installed from the exterior finished grade to a point at or near the roof. However, if an approved solid wood, metal, concrete, or masonry perimeter foundation is used, the siding need not extend below the top of the foundation.

17. Owner Occupancy Required. As a condition to obtaining a building permit for an approved accessory dwelling unit, the property owner shall file with the County Recorder a declaration or agreement of covenants and restrictions that states one of the units shall be occupied as the primary residence of the owner of the lot. An accessory dwelling unit that is approved after January 1, 2020, but before January 1, 2025, is not subject to the owner-occupancy and accompanying recordation of a deed restriction requirement.

18 17. Separate sale prohibited. An accessory dwelling unit cannot may not be sold separately from the primary residence.

19. The accessory dwelling unit shall be considered legal only so long as either the primary residence, or the accessory dwelling unit, is occupied by the owner of record of the property; provided that, an accessory dwelling unit that is approved after January 1, 2020 but before January 1, 2025, is not subject to the owner-occupancy requirement.

20 18. Short -term Rental Prohibited . The minimum rental term of the accessory dwelling unit shall be no less than 30 days.

ORDINANCE NO. _______

21 19. Demolished or destroyed. If the accessory dwelling unit is d emolished or destroyed, or if the accessory dwelling unit is modified such that it no longer complies with this section, the property owner shall return the lot and all improvements into a condition that complies fully with applicable land use and building standards set forth in this Code. The property owner shall apply for any and all permits necessary to complete the scope of work, as required under the City’s building and fire codes.

22 20. Specific Junior Accessory Dwelling Units Requirements.

Notwithstanding anything contrary in this section, the requirements and standards of this subsection shall apply specifically to junior accessory dwelling units.

a. The owner of the single -family lot shall occupy the single -family dwelling, any accessory dwelling unit that may exist on the lot in compliance with this section, or the junior accessory dwelling unit as their principal place of residence.

b. As a condition to obtaining a building permit for a junior accessory dwelling unit, the property ow ner shall file with the County Recorder a declaration or agreement to restrictions, containing a reference to the deed under which the property was acquired by the owner and stating that:

1. The junior accessory dwelling unit cannot be sold separately from the primary residence; and

2. The size and attributes of the junior accessory dwelling units shall conform at all times with the requirements of California Government Code section 65852.22 and the Buena Park Municipal Code; and

3. Minimum rental term of either the junior accessory dwelling unit or primary residence shall be no less than 30 days; and

4. The restrictions shall be binding upon any successor in interest and ownership of the property and lack of compliance may resul t in legal action against the property owner to compel compliance with this section.

c. A junior accessory dwelling unit shall include: a separate entrance from the main entrance to the proposed or existing single-family residence; and an efficiency kitchen, which shall include a cooking facility with appliances, and a food preparation counter or counters that is of reasonable size in relation to the size of the junior accessory dwelling unit.

d. When an existing garage, carport, or covered parking structure is demolished in conjunction with the development or conversion of a JADU, replacement off - street parking is required.

e. A junior accessory dwelling unit that does not include a separate bathroom shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

ORDINANCE NO. _______

f. The owner of a property with a junior accessory dwelling unit shall reside in one of the dwelling units on the property. Th is owner-occupancy requirement shall not apply to a junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.

SECTION 3. Environmental Review. The proposed zone text amendment is exempt from CEQA pursuant to the California Public Resources Code Section 21080.17, which provides that a project is exempt as CEQA does not apply to adoption of ordinances by a city or county that implement the provisions of Section 65852.2 of the Government Code, which is California’s ADU Law and which also regulates Junior Accessory Dwelling Units, as defined by Section 65852.22 of the Government Code. The proposed zoning text amendment implements the updates to Government Code Section 65852.2 that have gone into effect since January 1, 2023

SECTION 4. Severability. The City Council declares that, should any provision, section; paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.

SECTION 5. Effectiveness. This Ordinance shall take effect 30 days after the final passage by City Council.

SECTION 6. Certification. The City Clerk of the City of Buena Park shall certify to the passage of the Ordinance and shall cause the same to be posted 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:

ORDINANCE NO. _______

________________________________
Mayor

ATTEST:

_______________________________
City Clerk

I, Adria 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.

______________________________________
City Clerk

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

A. Recitals.

(i) The City of Buena Park (“City”) is a California charter city with plenary authority over all “municipal affairs” and the broad “police powers” vested by California’s Constitution, pursuant to which it may make and enforce laws necessary to protect and preserve the health, safety, and welfare of residents’ subject only to enactments by the California Legislature on matters of “statewide concern.”

(ii) Consistent with such authority, the City enacted the Buena Park Municipal Code (BPMC) and Buena Park Zoning Code (Title 19 of the B PMC, hereinafter “BPZC”) to, among other things, regulate the location and nature of land uses in the City.

(iii) On September 28, 2022, Governor Gavin Newsom signed Senate Bill (“SB”) 897 and Assembly Bill (“AB”) 2221 into law and on October 11, 2023, signed AB 976 (the “Bills”) into law , amending Government Code section 65852.2, and thereby enacting new Statewide requirements for Accessory Dwelling Units (“ADU”) and Junior Accessory Dwelling Units (“JADU”).

(iv) On February 28, 2024 , the Planning Commission of the City of Buena Park, held a duly noticed public hearing to consider a recommendation to the City Council to approve Zoning Text Amendment No. C-24-2. Said public hearing was concluded prior to the adoption of this Resolution.

B. Resolution.

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

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

2. Based upon subst antial evidence presented to the Planning Commission during the above-referenced hearing, including written staff reports , verbal testimony, draft resolution , and draft Ordinance , the Planning Commission hereby specifically finds as follows:

Resolution No. 6329
Text Amendment No. C-24-2
February 28, 2024

a. Finding: Explanation of the relationship to the General Plan and any applicable Specific Plans. (See California Government Code Section 65855).

Fact: The proposed text amendment conforms to the City of Buena Park General Plan and furthers the intent of the Housing Element for providing more housing in the City by furthering Goal 3.0 and Policies 3.1, 3.2, and 3.3, and Goals LU-5 and LU-6 of the Land Use Element.

b. Finding: Consideration of the effect of the proposal on the housing needs of the region balanced against the public service needs of City residents and the fiscal and environmental resources available. (See California Government Code Section 65863.6).

Fact: The proposed text amendment expands the allowances for ADUs which will increase their viability and will not negatively impact housing needs.

3. The Planning Commission hereby recommends that the City Council of the City of Buena Park finds and determines that the proposed Zoning Text Amendment in this Resolution is exempt from CEQA pursuant to the California Public Resources Code Section 21080.17, because this amendment implements the provisions of Section 65852.2 of the Government Code, California’s ADU Law. The proposed zoning text amendment implements the updates to Government Code Section 65852.2.

4. The Planning Commission hereby recommends that the City Council of the City of Buena Park adopt the attached draft Ordinance approving Zoning Text Amendment No. C-24-2.

5. The Secretary of this Commission shall:

a. Certify to the adoption of this Resolution.

b. Transmit a copy of this Resolution to the City Council of the City of Buena Park together with the record prepared with respect to these proceedings including the attached ordinance approving proposed Zoning Text Amendment No.

C-24-2. This Resolution shall go into effect immediately upon its adoption.

City of Buena Park
City Council Regular Meeting Agenda Report

DISCUSS AND PROVIDE DIRECTION ON A COMMERCIAL CORRIDOR BLIGHT ABATEMENT AND FACADE

IMPROVEMENT PROGRAM
Meeting
Tuesday, March 26, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9A
Presented By
Matt Foulkes, Director of Community and Economic Development Prepared By
Matt Foulkes, Director of Community and Economic Development Approved By
Aaron France, City Manager

DISCUSSION
This study session item was requested by Councilmembers Castaneda and Traut to discuss the development of a commercial corridor blight abatement and façade improvement program. The City has several commercial corridors and they are as follows:

While many commercial and industrial property owners and/or businesses do an excellent job maintaining their properties, there are others who have allowed their properties to deteriorate causing commercial blight. Examples of commercial blight include:

Each of the above issues can contribute to the appearance of blighted commercial or industrial properties. Neglected or blighted properties not only reduces their own property value, but also negatively impacts surrounding properties and Beach Boulevard
La Palma Avenue
Knott Avenue
Commonwealth Avenue
Artesia Boulevard
Orangethorpe Avenue
Western Avenue (partial)
Stanton Avenue (partial)
Valley View Street (partial)
Lincoln Avenue (partial)
Graffiti
Vacant storefronts
Dead, missing or overgrown landscaping
Cracked or peeling paint/damaged stucco
Damaged or dilapidated signage
Broken or damaged storefront windows
Poor parking lot maintenance
Trash accumulation
businesses, reduces economic activity, and becomes an attractive nuisance for other undesirable activities that contribute to a general negative impression of the area by community members and visitors. Even minor property maintenance issues, if not rapidly addressed, can lead to further property deterioration. This is often referred to as the “Broken Windows" theory, which is the concept that states visible signs of neglect signal a lack of social control which can lead to increases in unlawful activities at a property.

Additionally, commercial/industrial properties receive less code enforcement complaints than residential properties because business patrons are generally unlikely to file a complaint and will instead simply not shop/dine at the blighted property.

Employees very rarely submit complaints unless the violation is creating a life-safety issue or is especially egregious. Code Enforcement is primarily reactive to complaints received, but has conducted limited proactive code enforcement efforts along Beach Boulevard (Entertainment Corridor), and Auto Center Drive/Whitaker Street.

In 2015, the City Council directed staff to explore options for a grant program to assist with the beautification of a private property on Beach Boulevard. The focus of the program was the east side of Beach Boulevard between Commonwealth Avenue and Auto Center Drive. The City contracted with design firm MDG Associates to provide sample elevations and cost estimates for businesses participating in the program. The program offered a 50/50 split between the City and property owner for the construction costs associated with the façade improvements. The City Council allocated $525,000 for Phase 1 of the façade improvement program using the Economic Development Fund. In 2018, after two years of working with property owners on Beach Boulevard to implement the program, it was reported that none of the property owners were willing to participate unless the City contributed more funds towards the improvement projects. One of the primary reasons cited by property owners for not wanting to participate was the prevailing wage requirements for the improvement work. No further action was taken, and the program was terminated. Prior to the 2015 program, the City had allocated a portion of its CDBG funds for commercial façade improvements. The use of CDBG funds are eligible for this type of program, but would require the City to reduce the amount of funding allocated to other CDBG programs such as Code Enforcement or the Residential Rehab Program.

Commercial Blight Abatement and Façade Improvement
Should the City Council provide direction to move forward with this effort, the Commercial Corridor Blight Abatement and Façade Improvement Program would be aimed at revitalizing and rejuvenating deteriorated commercial and industrial properties along key corridors in the City. The program would seek to address these issues systematically and in partnership with property/business owners to create a more aesthetically pleasing and economically thriving commercial environment.

This could be accomplished through a multi-pronged effort including:

City of Los Alamitos Program
In October 2023, the Los Alamitos City Council approved an Economic Development program “Revive Los Alamitos,” which offered businesses up to $15,000 to improve their commercial storefronts. The program allows up to 50% of the project costs to be paid for by the City. Eligible improvements included:

Financial and Technical Assistance: Partner with willing property owners to provide technical and financial assistance to implement landscaping, parking lot, façade, and signage improvements, to enhance the visual appeal of commercial properties.

Enhanced Proactive Code Enforcement: For property owners not interested, or not willing to participate in the façade improvement program, proactively initiate code enforcement action on commercial and industrial properties found to be in violation of the City’s regulations for property maintenance.

Support Small Businesses: Provide additional resources and referrals to support small businesses and property owners wanting to invest in the rehabilitation and occupancy of vacant or underutilized spaces. This could include referrals to Small Business Administration (SBA) loans, the Small Business Development Center (SBDC) or other applicable grant funding geared towards business improvement/investment.

Exterior paint
Windows, Doors, Signage
City of Anaheim Storefront Improvement Program
This program is intended for commercial property owners and business owners, and provides financial assistance in the form of a one-time City grant. There are two programs available:

An eligible applicant must either own commercial property or be a tenant of a commercial property with a valid business license in the City. The business must be a permitted use within the commercial zone and must be up to date on the payment of property taxes, utility fees, and transient occupancy taxes (if applicable) and not have any liens on the property.

Eligible improvements for the Cosmetic Improvements grant include:

The maximum total Cosmetic Improvement grant is $10,000. Each business is required to contribute at least 25% of the total eligible improvement costs, which includes soft costs such as plans, permits and architectural and engineering fees.

The City will provide grant funds up to 75%, not to exceed $10,000 of the total eligible improvement costs.

Eligible improvement for the Structural Improvements grant includes:

By accepting grant funds, the applicant agrees to maintain all improvements and to keep storefronts, as well as sides and back of buildings, clean and free of graffiti and trash for five (5) years if the applicant owns the property; or for the remainder of the term of the lease if the applicant is a tenant. Any damage to the facade is to be repaired immediately by the applicant, at applicant/owners’ sole cost.

City of Long Beach Program
Eligible commercial property owners can receive up to $25,000 per storefront and $175,000 per parcel to pay for façade improvements that include painting, awnings and signage. To be eligible for the Program, commercial storefront properties must be located along business corridors in select areas of the City that are designated as high-need neighborhoods and poverty zones.

Landscaping, Irrigation
Awnings, Canopies/Pergolas
Exterior facade treatments and additions
Cosmetic Improvements of up to $10,000
Structural Improvements of up to $100,000
Professional repair of exterior surfaces
Exterior painting of buildings visible from public right-of-way Exterior lighting to enhance building appearance and/or safety Landscaping, awnings, and canopies
Removal of nonconforming signs
Storefront restoration or renovation
Exterior painting of buildings and exterior façade treatments (stucco, brick veneer, etc.) Signage repair or replacement (wall/monument)
Exterior door and window repair or replacement
Exterior lighting to enhance building appearance and/or safety Mechanical equipment screening visible from public right-of-way Landscaping
Parking lot resurfacing/re-striping
The Program provides financial assistance in the form of a grant to commercial property owners to improve the appearance of the entire façade of their property that is visible from the street. The Program does not require matching funds from the participants and applicants are free to select their contractors. The chosen contractor must comply with the City’s contractor requirements, such as the federal Davis-Bacon and California prevailing wage rates and contractor’s insurance/license requirements. Work must be completed within three to six months of the award.

City of Carson Program
The Commercial Façade Improvement Program provides Carson business and property owners with matching grants to improve their storefronts and attract new visitors to the City’s major commercial corridors. Tenants and/or property owners qualify for a reimbursement grant of $2,500 to $25,000 for storefront aesthetic improvements. A dollar-for-dollar match is required for amounts over $2,500. For owners of multi-tenant centers, the maximum grant is $250,000 based on a total expenditure of no less than $497,500 on eligible exterior improvements. Priority is given to commercial buildings and centers located on specified major thoroughfares in the City.

City of South Gate Program
The Commercial Façade Improvement Program provides financial assistance in the form of a matching grant to commercial property and/or business owners to make facade improvements and correct certain code violations to commercial buildings located in South Gate. The program is being funded by Community Development Block Grant (CDBG) funds. These funds are designed to meet community development needs and provide aid in the removal of blight, particularly in low- and moderate-income areas. Funding assistance shall be available to eligible commercial property and/or business owners, who meet specified requirements. The maximum grant amount that will be awarded per applicant is $40,000. The applicant will be required to contribute $6,000 of personal funds towards the approved improvements to the building.

Next Steps / Direction Requested
Should the City Council provide direction to develop a Commercial Blight Abatement and Façade Improvement program, City staff will draft the program guidelines and funding limits based on the experiences of nearby cities. Formal adoption of the program would come back to the City Council for consideration and budget allocation at a future meeting. Staff is requesting input on:

Specific street segments, corridors, or properties where the City Council would like the program to focus its initial efforts.

Guidance or input on the funding source for the program (e.g. Economic Development Fund or CDBG).

Input or direction on the funding amounts per property or total amount to be allocated.

Input or direction on matching requirements for the program participation.

City of Buena Park
City Council Regular Meeting Agenda Report

DISCUSS AND PROVIDE DIRECTION ON THE RENOVATION OF THE PEAK PARK POOL BUILDING Meeting
Tuesday, March 26, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9B
Presented By
Mina Mikhael, P.E., Director of Public Works/City Engineer Prepared By
Mina Mikhael, Director of Public Works/City Engineer
Approved By
Aaron France, City Manager

DISCUSSION
Peak Park is located east of Knott Avenue and north of La Palma Avenue and comprises of a 100-meter pool, concrete pool deck area, and an adjacent pool building that features locker rooms, administration rooms, pool equipment and a storage room (Attachment 1).

In May 2021, former Council Member Swift requested a discussion of the possibility of renovating the Peak Park Pool building and swimming pool. This request was also discussed during a park tour in June 2021, which involved City Council and Commissioners from the Park & Recreation, Senior Citizens, and Cultural & Fine Arts commissions. In November, 2021, the City Council directed staff to hire a consultant to evaluate the existing facility and conduct a feasibility study to outline various improvements to be considered in the Peak Park Pool Master Plan. Based on the City Council’s direction, the project was budgeted as part of the 2022-2023 Capital Improvements Program.

In June 2022, the City Manager approved a Professional Services Agreement (PSA) with Oldham Architects to provide a feasibility study for the William Peak Park Pool in the amount of $18,000. This study addressed improvements at the Peak Park Pool that included improving the pool facilities and the adjacent pool building. In August 2022, staff reviewed the feasibility study, which proposed various improvements at Peak Park Pool divided into three phases and presented these phases to the City Council. Phase I included improvements/repairs to the outdoor pool facility, Phase II included various improvements to the pool building, and Phase III included enclosing a canopy over the pool. With City Council’s direction, staff proceeded with Phase 1 improvements of the feasibility study and the Peak Park Pool improvements are currently underway and expected to be complete this summer. Additionally, the City Council directed staff to research and return with options to expand the Peak Park Pool.

At this time, staff is seeking direction from the City Council on the Phase II portion of the improvements in the feasibility study. Staff has prepared three (3) recommended options for City Council consideration (Attachment 2):

Option 1:

ADA-compliant locker room entries and private showers
Renovating public shower wash down areas to include removing existing interior walls, replacing tile flooring, and installing ADA accessory items
Accessibility improvements to the entire park to comply with ADA standards Approximate cost estimate for design and construction is $750,000 Attachments
Exhibit A Location Map.pdf
Exhibit B Study Session Options.pdf
Option 2:

Option 3:

Work listed in Option 1 and renovation of the existing locker rooms, including:

Upgrading plumbing fixtures
Replacing tile flooring
Replacing locker room seating
Renovating interior walls and redesign layout of the locker room Approximate cost estimate for design and construction is $1,600,000 to $2,000,000 (It should be noted that this option does not include a separate entrance to the facility. Entrance through the locker rooms shall remain under this option.) Work listed in Options 1 and 2, and redesign of facility to include:

Renovating the entire interior of the building to provide a more contemporary look Renovating the interior of the building to provide access to the pool facilities without entering the locker rooms Constructing a staff break area
Constructing a new indoor viewing room
Expanding the pool equipment room to provide better maintenance access Delineate the mechanical room from the chemical area to prevent equipment corrosion Upgrade the pool equipment room with a dual pump system, variable frequency drive (VFD) pump, new water heaters, new sand filters, piping, etc.

Approximate cost estimate for design and construction is approximately $4,500,000 PEAK PARK POOL BUILDING7225 EL DORADO DR, BUENA PARK, CA 90620EXHIBIT ALOCATION MAP

LA PALMA AVEN

NOT TO SCALEWESTERN AVE

KNOTT AVE

PROJECTLOCATION

DEPARTMENT OF PUBLIC WORKSCITY OF BUENA PARK

POOL EQUIPMENT

MAINTENANCEMEN'SLOCKERROOMWOMEN'SLOCKERROOM
LOBBY

SWIMMING POOL
EXHIBIT BOPTION 1

ENTRY WAY
COST ESTIMATE : $750,000SCOPE : CONSTRUCT ACCESSIBILITY IMPROVEMENTS FOR LOCKER ROOM ENTRY AND SHOWER RENOVATE PUBLIC SHOWER WASHDOWN AREA CONSTRUCT ACCESSIBILITY IMPROVEMENTS TO ENTIRE PARKLEGEND:PROPOSED IMPROVEMENTS

DEPARTMENT OF PUBLIC WORKSCITY OF BUENA PARK

MAINTENANCE
LOBBY

SWIMMING POOL

ENTRY WAY

POOL EQUIPMENT
EXHIBIT BOPTION 2

MEN'SLOCKERROOMWOMEN'SLOCKERROOM
COST ESTIMATE : $1,600,000 TO $2,000,000SCOPE : INCLUDES OPTION 1 FULLY RENOVATE LOCKER ROOMS WITH NEW PLUMBING FIXTURES, TILE FLOORING, AND WALLSLEGEND:PROPOSED IMPROVEMENTS

DEPARTMENT OF PUBLIC WORKSCITY OF BUENA PARK

NEW INDOORVIEWING ROOMEXPANDPOOLEQUIPMENTROOMUPGRADEPOOL EQUIPMENT

MAINTENANCE
LOBBY

SWIMMING POOL

ENTRY WAY
EXHIBIT BOPTION 3

MEN'SLOCKERROOMWOMEN'SLOCKERROOM
COST ESTIMATE : $4,300,000 +SCOPE : INCLUDES OPTION 1 AND 2 RENOVATE LOBBY WITH NEW FLOORING, WALLS, LIGHTING, ETC. CONSTRUCT NEW INDOOR VIEWING ROOM EXPAND AND UPGRADE POOL EQUIPMENT ROOMLEGEND:PROPOSED IMPROVEMENTSPROPOSED ADDITIONS