Agenda packet — Buena Park City Council, September 8, 2026 (part 2 of 3)

c. Any residence within the boundaries of Preferential Parking District No. 16 may purchase up to two resident/visitor permits. These permits shall be subject to a purchasing or replacement fee of fifteen dollars ($15) per permit. These permits shall be renewed every five (5) years. Notwithstanding the foregoing, more than two resident/visitor permits may be approved by the Director of Public Works at his or her discretion for specific vehicles parked at a residence in a district including those providing temporary services or activities to these residences such as maintenance, construction, or healthcare. These additional resident/visitor permits must be requested by the resident, in writing, and must be justified to the satisfaction of the Director of Public Works. The permitted use or service being provided must be consistent with the use of the property and in conformance with the Buena Park Municipal Code. The additional permits shall be subject to a purchasing or replacement fee of thirty dollars ($30) per permit. These permits shall be renewed every five (5) years.
d. The fee for temporary permits shall be one dollar ($1) per permit. Each temporary permit shall be valid for one day only as written on the permits. When writing the date of use on the temporary permits, residents shall use indelible ink only. e. To obtain a resident/visitor or temporary permit, the resident must bring proof of residency on the affected portion of this district to the Department that issues the permits.
f. Each parking permit issued pursuant to this Resolution may only be used within Preferential Parking District No. 16. No resident/visitor parking permit may be sold, conveyed, or otherwise permanently transferred.
g. Intentional, fraudulent, or repeated misuse of parking permits, including but not limited to submitting false or misleading information in order to obtain any new, replacement, or temporary permit, falsifying a permit, transferring or selling any permit, or similar actions, may result in revocation.

Section 3. This Resolution shall not take effect unless and until signs or markings as described in California Vehicle Code Section 22507 (a) are installed in the areas affected by this Resolution.

Section 4. CEQA. This Resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3), which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.

Section 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED AND ADOPTED this 8th day of September, 2026, by the following called vote:

RESOLUTION NO. _______

Page 3 ends

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_________________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Vicuna, MMC, City Clerk, hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this 8th day of September, 2026.
______________________________________
City Clerk

CITY OF CYPRESS CITY OF BUENA PARK

CITY OF BUENA PARK CITY OF CYPRESS

CITY OF LA PALMA CITY OF LA CYPRESS

LINCOLN AVE

CRESCENT AVE VALLEY VIEW ST LOS ALTOS DR

LOS RANCHOS DR

PREFERENTIAL PARKING REQUEST
DRAWN BY:

DATE:

T:\NEW FOLDER STRUCTURE\Traffic Investigations\Los Ramos Cir\2026\PPD Request\Map\PPDMap.dwg

DEPARTMENT OF PUBLIC WORKS
EXHIBIT NO.
0SCALE:200' 400' 1" = 400' N

NEW PPD REQUEST IN
THE "LOS TRACT" A

VICINITY MAP NW
07/07/2026

AFFECTED AREA

CITY OF CYPRESS CITY OF BUENA PARK VALLEY VIEW ST LOS ALTOS DR

LOS RANCHOS DR

VALLEY VIEW FRONTAGE RD

LOS SANTOS WAY

LOS NIETOS WAY

LOS ENCINOS ST LOS CIENTOS LOS RAPIDOS LOS RAMOS CIR CIR CIR 87208720
87208720
8720
87208720
87208720
5824
5876
5908
5984
5864
5935
5915
5788
8632
5924
5829
8751
8673
8661
8649
8637
8625
5852 5876 5888 5900 5914 5930 5780 5792 5804 5816 5828 5840 5816 5828 5840 5852 5864 5888 5900 5912 5792 5804
8690
8702
8714
5781 5793
5801
5809
5788 5800 5812 5836 5848 5860 5872 5884
8633
8621
8609
8597
8583
8571
8559
8741
5972
5936 5948 5960
8613
8601
8589
8577
5835 5839 5845 5849
5824 5830 5836 5842 5848 5854 5860 5794 5800 5806 5812 5818 8596 5795 5799 5805 5809 5815 5819 5825 5855
5859
5865
5869 8623
8611
8597
8585
5896 5908 5920 5932 5944 5956 5968 8571
8752
8742
8732
8683
8671
8659
8645
8802
8790
5949 5937 5865 5877 5889 5901 5913 5925
877287728772
5781 5805 5817 5829 5841 5853
8781
8769
8689
8675
8663
8649
5875 8637
5879
5885
5889
5915 5909 5905 5899 5895 5945 5939 5929 5925 5919
8678
5932 5926 5920 5914 5902 5896 5890 5884 5878 5872 5866 8644 8757
8745
8733
8721
8707
8695
6019
8652
8642
8622
8612
8592
8582
8572
5817
5825
5833
5841 5865
5873
5881
5889
5897
5905
5913
5921
5929
5937
5945
5953
5961 5973
8701
5793
5780

DNS DNS

DNS DNS
VAC

VAC VAC
NR

NR NR NR

PREFERENTIAL PARKING REQUEST
DRAWN BY:

DATE:

T:\NEW FOLDER STRUCTURE\Traffic Investigations\Los Ramos Cir\2026\PPD Request\Map\PPDMap.dwg

DEPARTMENT OF PUBLIC WORKS
EXHIBIT NO.
0SCALE:100' 200' 1" = 200' N

NEW PPD REQUEST IN
THE "LOS TRACT" B

VOTING MAP NW
07/07/2026
: INDICATES A PROPERTY THAT SIGNED THE PETITION IN FAVOR OF THE PPD (38 OF 52 OR 73.1%) : INDICATES A PROPERTY THAT DID NOT SIGN THE PETITION IN FAVOR OF THE PPD (14 OF 52 OR 26.9%) : INDICATES THE LIMITS OF THE PROPOSED PPD
'[?DEI
BV:

JcUL"07"o PUBLIC WORKS ENGINEERING
Preferential Parking District Petition
BEFORE SIGNING THIS PETITION YOU NEED TO CONFIRM THE FOLLOWING:
* You are at least eighteen (18) years of age.
* You reside within the designated area (see attached map). * You have specified the correct address for your residence or property. @ You have signed your name only (first, middle and last name). You cannot sign for another individual.
* You have not signed another petition concerning the same application. * You have read the petition in its entirety and understand its meaning. * The petition circulator has witnessed your signature. * -You agree with the statement below and the idea of establishing a preferential parking district.
* You understand that if said district is implemented, permits will be available for a small fee and will have to be renewed every tp'years.

REQUEST
We, the residents/property owners of the designated residential district in the City of Buena Park, petition the City to consider establishing a Preferential Parking District for the following reasons:

LIST OF PETITIONERS
# Name (Print)
.1
Residential Address
Owner (O)or
Tenant (T)
(Circle age)
Signature
A/l/l
Date
Signed
i)
1 Irhul : '>'Vhwt't .5 Y3) lns bhcu T/(Q: I
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I7 ,%J/--M- %/- 7//if/'y.n2
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r,
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AFFADAVIT
I, lchca\ -RCySVY%aat"->'*'.iJ do hereby state that I was the circulator or said petition consisting of _1_ pages including this page, and further state that I personally witnessed each signature appearing on said petition, and that each signature 'thereon is the signature of the person whose name it purports to be; further, that the address given opposite the person's name is the true address of the person signing; that every person who signed, represented himself or herself to be twenty-one years of age or older; that each person who signed the petition read or had read to him the statement appearing on page one (1 ) and understood the nature of the petition. I also hereby swear or affirm that no promises, threats, or inducements were employed whatsoever in connection with the presentation of this petition, and that every signature appearing hereon was completely free and voluntarily given.

S,ig,na,,t,u,r(4e.71r,,toVr: n
Date Signed:
1- (., - .a(.-y
PUEILICWORKsi=NGINEFRING
Preferential Parking District Petition
BEFORE SIGNING THIS PETITION YOU NEED TO CONFIRM THE FOLLOWING:
* Youareatleasteighteen(18)yearsofage.
* You reside within the designated area (see attached map). * You have specified the correct address for your residence or property. * You have signed your name only (first, middle and last name). You cannot sign for another individual.
* You have not signed another petition concerning the same application. * You have read the petition in its entirety and understand its meaning. * The petition circulator has witnessed your signature. o You agree with the statement below and the idea of establishing a preferential parking district.
* You understand that if said district is implemented, permits will be available For a small fee and will have to be renewed every tyffi years.

REQUEST
"We, the residents/property owners of the designated residential district in the City of Buena Park, petition the City to consider establishing a Preferential Parking District for the following reasons:

LIST OF PETITIONERS
# Name (Print) Residential Address
Owner (O)or
Tenant (T)
(Circle One)
Signature
r'i _. -1 /
Date
Signed
1 !l'l , /)i.(/ 6/';r g 7 J2;t,/7(,/X-7 9 '/" Oi' V.A'li_5Y x'2';$ T / @). hz- "-"' _-' _/__ .f-_>._t$2 --i 7Ca> an - _'-i 7 .-G-J (,
2 LISIS 3s/MU*i<ul"A ';'i("7 S- VQ//ey tai'e<.-r,,.! T/e .'k:iy A-esL-)tc.;"'i- '7 'a"jJ-2'g 3 ;'('t4/)U> Df:.'l,Jl'kk 81ti5 'v'ptl4:;'Jla.vs}" T/@ (=]ie,s__--;c": (l.,_i'il, /- 0/-c>o2( 4 t'it'iq7 T-{tl'i-rtij 'tyMi'T V'(jLt(: tj "y'i(7 J T/e "_'t- -r / )>'i 0->-,,, 5 Jr>4o[ (%rvvaJi 'k;a? v'mizs[ i,igl T/@- J4z4:-(J;'n,r'-v r:i'l- ('- ZJ= 6 fi9fi'/!)rgzuts.-ea vvkEii, ZC77> uhtix* uiru T/0- "A"/, *:. (Q A I
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AFFADAVIT
1, a(YSsta:tic9X R('y')<ysix'-iSt-"iJ do hereby state that I was the circulator of said petition consisting of _3_ pages including this page, and further state that I personally witnessed each signature appearing on said petition, and that each signature 'thereon is the signature of the person whose name it purports to be; further, that the address given opposite the person's name is the true address of the person signing; that every person who signed, represented himself or herself to be twenty-one years of age or older; that each person who signed the petition read or had read to him the statement appearing on page one (1 ) and understood the nature of the petition. I also hereby swear or affirm that no promises, threats, or inducements were employed whatsoever in connection with the presentation of this petition, and that every signature appearing hereon was completely free and voluntarily given. aS';!"g4nayM'ure{""ulaIOrl"
Date Signed:
1-L-3t,,
Measurement
(feet) 18' Spaces 24' Spaces
41 2 2
26 1 1
5 0 0
15 0 0
65 4 3
Totals: 7 6
Average:

Measurement
(feet) 18' Spaces 24' Spaces
84 5 4
47 3 2
16 0 0
72 4 3
Totals: 12 9
Average:

Measurement
(feet) 18' Spaces 24' Spaces
86 5 4
35 2 1
6 0 0
3 0 0
72 4 3
Totals: 11 8
Average:

Los Cientos Cir

9.5 Parking Space Calculations
Los Ramos Circle
Los Rapidos Circle

6.5 10.5
Measurement
(feet) 18' Spaces 24' Spaces
18 1 1
146 8 6
22 1 1
126 7 5
7 0 0
19 1 1
131 7 5
10 0 0
31 2 1
118 7 5
10 0 0
31 2 1
11 0 0
82 5 3
6 0 0
77 4 3
13 0 0
7 0 0
47 3 2
44 2 2
43 2 2
77 4 3
7 0 0
45 3 2
39 2 2
54 3 2 Fire Hydrant
38 2 2
41 2 2
35 2 1
0 0
0 0
0 0
0 0
Totals: 70 52
Average:

Los Ranchos Dr
Parking Space Calculations
61 Measurement
(feet) 18' Spaces 24' Spaces
47 3 2
79 4 3
88 5 4
7 0 0
100 6 4
44 2 2
23 1 1
4 0 0
106 6 4
18 1 0
Totals: 28 20
Average:

Valley View Frontage Road
24 Parking Space Calculations
Observer:

Date Time Day of
Week
07/07/26 10:11 PM Tuesday
07/08/26 10:20 PM Wednesday
07/12/26 10:43 PM Sunday
07/17/26 10:01 PM Friday
07/19/26 10:52 PM Sunday
07/20/26 10:27 PM Monday
Date Time Day of
Week
07/07/26 10:11 PM Tuesday
07/08/26 10:20 PM Wednesday
07/12/26 10:43 PM Sunday
07/17/26 10:01 PM Friday
07/19/26 10:52 PM Sunday
07/20/26 10:27 PM Monday
Norm Wray
Total # of Parked
Vehicles
0%
0%
100%
114%
8 7
8 114%
0%
0%
8 0%
0%
Parking Observation Study
Los Tract Preferential Parking Request
Los Rapidos Circle
Total # of Parked % of Existing Parking Spaces Occupied Vehicles
10 91%
9 82%
6 55%
9 82%
5 45%
9 82%
Los Ramos Circle
114%
129%
8 9
114%
0%
0%
Average Peak Parking Demand (%)
73%
% of Existing Parking Spaces Occupied
Notes: This assumes that there are 7 parking spaces on Los Ramos Circle and 11 Parking Spaces on Los Rapidos Circle.

Average Peak Parking Demand (%)
114%
Observer:

Los Cientos Circle
Parking Observation Study
Los Tract Preferential Parking Request
Norm Wray
4 40%
Total # of Parked
Vehicles
0 0%
1 10%
75%
20%
Los Ranchos Drive
Total # of Parked
Vehicles
49 80%
0%
0 0%
4 40%
0%
Average Peak Parking Demand (%)
3 30%
0%
0%
% of Existing Parking Spaces Occupied
% of Existing Parking Spaces Occupied
Average Peak Parking Demand (%)
81%
0%
0%
0%
48 79%
52 85%
0%
50 82%
51 84%
46 Observer:

Date Time Day of
Week
07/07/26 10:11 PM Tuesday
07/08/26 10:20 PM Wednesday
07/12/26 10:43 PM Sunday
07/17/26 10:01 PM Friday
07/19/26 10:52 PM Sunday
07/20/26 10:27 PM Monday
Parking Observation Study
Los Tract Preferential Parking Request
Norm Wray
Valley View Street Frontage Road
Total # of Parked % of Existing Parking Spaces Occupied Vehicles
19 79%
19 79%
14 58%
18 75%
15 63%
17 71%
0%
0%
0%
0%
Average Peak Parking Demand (%)
71%
Notes: This assumes that there are 24 parking spaces on the Valley View Street Frontage Road.

September 8, 2026

NEW BUSINESS
Item No. 5B.

City Council Agenda Report
LEASE AGREEMENT WITH LLP INVESTMENTS, LLC FOR OPERATION OF A RESTAURANT ON CITYOWNED PROPERTY AT 6591 BEACH BOULEVARD

PREPARED BY PRESENTED BY
Matt Foulkes, Director of Community and Economic
Development
Matt Foulkes, Director of Community and Economic
Development

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development
Aaron France, City Manager

RECOMMENDED ACTION
1) Approve a lease agreement with LLP Investments, LLC for property located at 6591 Beach Boulevard; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the documents; and, 3) Authorize the City Manager and City Clerk to execute any necessary documents related to the lease.

PREVIOUS CITY COUNCIL ACTION
On January 10, 2023, the City Council approved an amended and restated lease with CH Buena Park, LLC to operate a restaurant at the subject property. On July 17, 2024, the City approved an Interdepartmental Review (IDR-23-16) to allow the exterior and interior remodel of the existing restaurant building in conjunction with the lease with CH Buena Park, LLC.

DISCUSSION
In June 2017, the City Council approved a lease agreement with Perfect Tortilla, Inc. to operate the Poquito Mas Restaurant at 6591 Beach Boulevard after the former Tice House Café closed. The lease agreement with Poquito Mas was for a ten (10) year term with four (4) options to extend the lease for 5-years each. In August 2022, the owner of Poquito Mas notified the City of their intent to close the restaurant in Buena Park due to financial difficulties stemming from the long closure period during the COVID pandemic. Poquito Mas requested the City to approve an amendment to assign the remaining term of its lease to CH Buena Park, LLC (DBA Mr. Tempo), owned by Arturo Concha. Staff met several times with the new business owner, reviewed the proposed business plan, and finalized the amended lease for City Council approval in January 2023. The new business tenant prepared plans for the remodel of the interior and expansion of the outdoor seating area for the restaurant which were approved in July 2024. Construction began soon after, with revisions to the plans submitted in September 2024, a second revision in December 2024 and a third revision in May 2025. After several months of delayed construction and failure to pay rent, the City issued a Notice of Default and a Notice to Perform or Quit in July 2025. After several months of discussions with the City regarding the future of the restaurant and timeline for completion of the tenant improvements, the tenant agreed to voluntarily terminate the lease with the City in April 2026.

Following the termination of the lease with CH Buena Park, LLC, the City began discussions with a new operator, who has agreed to step in and complete the tenant improvements and finalize the building permits for the restaurant remodel and outdoor seating area. The new tenant, Leo Prats (LLP Investments, LLC), has constructed, owned, and operated several restaurants in Los Angeles County over the past 30 years. In addition to being a former restaurant owner/operator, Mr. Prats also owns an architecture and construction company.

Through the terms of the proposed lease agreement (Attachment 1), Mr. Prats will complete the construction of the restaurant and, through a sublease, operate a restaurant at the subject property. The restaurant (Beach Cafe), will focus on breakfast and lunch and will offer a variety of Mexican and Classic American menu options in a casual setting, which leans into the property's location along Beach Boulevard with coastal beach-themed decor and furniture. In addition to the restaurant, Mr. Prats has expressed interest in adding EV charging to the property as a secondary means of attracting customers and generating revenue. As the landlord, the City has consented to this sublease provided that all proposed improvements are done with the City's approval and the Tenant’s interest in the EV Sublease shall become automatically assignable or transferable to the City (landlord) should the primary lease of the restaurant terminate or expire.

Mr. Prats expects to have the construction portion of the project completed in the next three weeks and will require another three to four weeks to hire, stock and train staff to open the restaurant, which would occur by late October.

The monthly rent will start at $3,068 per month and will escalate three-percent annually starting in year two. The lease term will be five years with up to three five-year renewals exercised at the sole discretion of the City provided the tenant is not in default under the current lease term. The restaurant shall be required to operate at least five days per week from 8 am to 3 pm and shall serve breakfast and lunch. Mr. Prats has indicated that the restaurant may expand to offer a dinner menu if there is sufficient demand, but shall have a closing time of no later than 10 pm.

BUDGET IMPACT
The City will receive $38,000 in the form of an Option Fee and Lease Fee as conditions of entering into the Lease Agreement. Additionally, the City will receive monthly rent payments starting at $3,068 per month with an annual increase of three percent starting in year two.

Attachments
Attachment 1 - Draft Lease Agreement.pdf
1 AGREEMENT FOR OPTION TO LEASE REAL PROPERTY
THIS AGREEMENT FOR OPTION TO LEASE REAL PROPERTY (“Agreement”) is entered into as of September __, 2026 (“Effective Date”), by and between the CITY OF BUENA PARK, a municipal corporation ("Landlord"), and LLP Investments, LLC ("Tenant"), with reference to the following facts:

RECITALS
WHEREAS, Landlord is the owner of that certain real property located at 6591 and 6581 Beach Boulevard, Buena Park, California (Orange County Assessor Parcel Numbers 276-282-19 and 276-282-43), together with certain improvements existing thereon generally consisting of a historical building comprised of approximately 1,173 square feet that is listed on the local historical registry (“Historical Building”), a storage building, patios, surface parking, and pylon sign as depicted in the site plan attached in Exhibit “A” and generally described in Exhibit “B” (cumulatively hereinafter the “Property”);
WHEREAS, Landlord had previously leased the Property to a third-party for purposes of operating a restaurant, with the lease requiring the third-party to complete certain improvements to the Property prior to opening for business that are specifically described in Exhibit “B” to this Agreement (the “Project”); however the lease was terminated by mutual agreement before completion of the Project;
WHEREAS, as of the Effective Date of this Agreement the Project remains in a partiallycompleted state, and Tenant, as the registered architect and general contractor for the Project and owner of the plans and specifications (“Plans and Specifications”), desires to lease the Property from Landlord for purposes of completing construction and operating a quality restaurant on the Property as contemplated by the Landlord in the third-party lease; WHEREAS, Landlord is willing to lease the Property to Tenant for such purpose subject to Tenant’s satisfaction of certain conditions precedent that are set forth in this Agreement; WHERAS, Landlord and Tenant desire to enter into this Agreement providing Tenant with the option and right to enter into a lease for the Property on the terms and conditions set forth in Exhibit “D” to this Agreement (the “Lease”), subject to the parties’ performance and satisfaction of certain conditions precedent set forth herein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:

AGREEMENT

1. Option. Landlord hereby grants to Tenant the exclusive right and option to enter into the Lease for the Property with Landlord (the “Option”), which Option may, subject to satisfaction of the conditions precedent and other terms and conditions set forth herein, be exercised by Tenant anytime after expiration of the Due Diligence Period and prior to 5:00 p.m. on February 1, 2027 (the “Option 2 Period”), by delivering to Landlord written notice of Tenant’s exercise of the Option in the form described hereinbelow (the “Exercise Notice”). If Tenant has not completed the conditions precedent to exercising the Option or otherwise fails to deliver the Exercise Notice to Landlord prior to expiration of the Option Period, then so long as Landlord is not in breach of this Agreement Landlord may terminate this Agreement pursuant to Section 8.

A. Option Fee. In consideration for Landlord granting the Option to Tenant, within thirty (30) days of the Effective Date Tenant shall deliver to Landlord the sum of $19,000.00 (USD) by cashier’s check (“Option Fee”). The Option Fee shall be nonrefundable except upon a default by Landlord as described in Section 8.

B. Conditions Precedent to Exercise Notice. Prior to, and as a condition precedent to Tenant’s exercise of the Option and delivery of a valid Exercise Notice to Landlord, each of the following shall have been duly performed or satisfied:

1. Tenant shall have paid the Option Fee to Landlord as described in Section 1.A;

2. Tenant shall have completed its due diligence of the Property as described in Section 2.A;

3. Landlord shall have received the SLA Clearance as described in Section

2.C;

4. Tenant has delivered and Landlord has accepted Tenant’s Financing Plan as described in Section 2.D;

5. Tenant has called for an inspection of the Project and, to the extent necessary, revised Plans and Specifications have been approved by the Building Department;

6. The Due Diligence Period shall have expired; and

7. Tenant has completed construction of the Project, as signified by Tenant having been issued a finaled building permit for the Project from the Building Department.

C. Tenant’s Exercise Notice. The Exercise Notice shall state that Tenant has exercised the Option to enter into the Lease with Landlord, with the Lease to be effective no later than thirty (30) days after the date of the Exercise Notice, or as soon thereafter as is reasonably practical with the parties’ exercise of diligent efforts. Concurrent with the Exercise Notice, Tenant shall deliver the Lease Fee and a fully executed copy of the Lease, as follows:

1. Lease Fee. In consideration for Landlord agreeing to enter into the Lease with Tenant, Tenant shall deliver to Landlord the sum of $19,000.00 by cashier’s check (“Lease Fee”), which shall be nonrefundable except upon a breach of this Agreement by Landlord. The Lease Fee shall be nonrefundable except as described in Section 8. 3 2. Form of Lease. Tenant shall provide to Landlord a copy of the Lease, duly executed by Tenant and acknowledged in recordable form. The Lease shall be in the form attached hereto as Exhibit D, except that Landlord and Tenant agree to negotiate in good faith any modifications of the Lease form as may be necessary and reasonable to accommodate the EV Sublease or changed circumstances, or by mutual agreement of the parties.

D. Landlord’s Review of Exercise Notice. Within ten (10) days of receiving the Exercise Notice, Lease Fee, and Lease from Tenant, Landlord shall review Tenant’s compliance with the terms and conditions of this Agreement and Landlord shall either: (1) cause the Lease to be executed in a recordable form, provide a copy of the fully executed Lease to Tenant, and cause the Lease to be recorded in the official records for the County of Orange; or (2) deny the Exercise Notice in a writing to Tenant specifying in detail the nature of basis of the denial. If Landlord denies the Exercise Notice, Tenant shall have ten (10) days within which to cure or remedy the basis for Landlord’s denial and resubmit the Exercise Notice for Landlord’s consideration. If Tenant fails to correct or remedy the deficiency or resubmit the Exercise Notice within said ten (10) day period, then Landlord may terminate this Agreement pursuant to Section 8.

E. Recording of Lease; Effect and Effective Date. The date the Lease is recorded by Landlord shall be deemed the effective date thereof, and upon such effective date the Lease shall supersede and replace this Agreement in its entirety which shall be rendered null and void, with the exception of the continuing covenants and commitments that survive the termination or expiration of this Agreement.

F. Extension of Option Period. Prior to expiration of the Option Period, the City Manager, in his/her good faith discretion, may grant extension(s) of the Option Period not exceeding three (3) months in the aggregate, with any longer extensions of time requiring the approval of the City Council for the City of Buena Park. Tenant may submit a request for an extension of time before expiration of the original deadline, and such extension may be granted or denied by the City Manager or City Council, as applicable, in the exercise of their sole and absolute discretion.

G. EV Charger Sublease. Landlord acknowledges that, contingent on the effectiveness of the Lease, Tenant desires to enter into a sublease with Tesla providing for the installation and operation of eight (8) vehicle charging stations on a portion of the Property’s surface parking lot (“EV Sublease”). Landlord consents to such sublease and use subject to: (a) the EV Sublease being applicable only to the portion of the Property identified as Orange County Assessors’ Parcel Number 276-282-43; (b) Tenant (or the subleasee) applying for and obtaining all necessary permits and approvals from the City, utility providers, and any other governmental or regulatory agencies with jurisdiction over the necessary work; (c) parking spaces covered by the Sublease will be available for employees, customers, and visitors of the Property; (d) the terms and conditions of the EV Sublease being acceptable to the City Manager and the form thereof being acceptable to the City Attorney, each in the exercise of their sole and independent discretion; and (d) Tenant’s interest in the EV Sublease shall be automatically assignable or transferable to Landlord should it be in effect upon the earlier termination or expiration of the Lease. 4 H. Restaurant Operator Sublease. Landlord acknowledges that, contingent on, and following the effectiveness of the Lease, Tenant may enter into a sublease with a restaurant operator for operation of the Property consistent with the terms and conditions of the Lease (the “Operating Sublease”), provided that: (1) the principal of Tenant (Leo Prats) is and at all times remains an owner or managing member of the sublease; (2) the terms and conditions of the Operating Sublease expressly incorporate this Lease and are acceptable to the City Manager, and the form is acceptable to the City Attorney, each in the exercise of their sole and independent discretion; (3) the duration of the Operating Sublease shall not exceed and shall expire upon the termination or expiration of the Lease; and (4) Landlord shall not be released and shall remain jointly and severally liable and responsible for complying with the terms of the Lease.

2. Due Diligence Period.

A. Due Diligence Investigation. Commencing on the Effective Date and continuing for a period of thirty (30) days (the “Due Diligence Period”), Tenant shall perform all due diligence, testing, feasibility analysis and other review of the Property that Tenant deems necessary or desirable prior to commencing construction of the Project and entering into the Lease. Without limiting the generality of the foregoing, within two (2) days after the mutual execution hereof, to the extent not already provided, Landlord shall provide copies of or make available for review and copying all due diligence items related to the Property to the extent they exist and are in the possession of, or are reasonably accessible to, Landlord (collectively, “Due Diligence Items”). During the Due Diligence Period, Tenant shall have the right to review and investigate the Due Diligence Items, the physical, environmental and soils conditions of the Property, the character, condition of title, quality, value and general utility of the Property, the zoning, land use, environmental and building requirements and restrictions applicable to the Property, the state of title to the Property, and review and investigate any other factors or matters relevant to Tenant's decision to enter into the Lease. Prior to the expiration of the Due Diligence Period, Tenant, in Tenant’s sole and absolute discretion, may determine whether or not the Property is acceptable to Tenant. Tenant's delivery of the Option Fee to Landlord shall be deemed final and conclusive evidence of Tenant’s acceptance of the Property’s condition.

B. Right of Entry; Insurance and Indemnity. At any time during the Due Diligence Period, Tenant may enter and conduct, at Tenant’s sole discretion and expense, such inspections and testing of the Property as Tenant may desire or deem appropriate to determine the suitability of the Property, and for preconstruction planning, surveying, or similar purposes relating to the Project. In conducting such activities Tenant shall endeavor to minimize damage to the Property and any improvements, and in the event the Lease does not become effective shall return the Property and any improvements to its condition prior to Tenant’s activities; reasonable wear and tear excepted. Landlord grants Tenant and its authorized employees, representatives, and agents permission to enter the Property during permitted construction hours for such purpose. Landlord shall make reasonable arrangements to ensure access by Tenant pursuant to this section. Tenant shall indemnify, protect, defend (with legal counsel reasonably acceptable to Landlord) and hold Landlord harmless from and against any and all claims, liabilities, damages, costs and expenses arising from, related to or caused by, Tenant’s entry upon the Property or the performance of any activities on the Property under this subsection. Before entering exercising rights under this subsection, Tenant shall provide Landlord with evidence of insurance of the types, amounts, and with the terms reasonably acceptable to Landlord.
5 C. Surplus Land Act Compliance; Remedy for Failure of Condition. Landlord must comply with the requirements of the California Surplus Lands Act (Gov’t Code § 54220 et seq., the “SLA”) before disposing of the Property to Tenant by way of the Lease. Within ten (10) days of the Effective Date of this Agreement, Landlord shall provide the California Department of Housing and Community Development (“HCD”) with notice of this Agreement in the manner and form required by law. HCD issuance of a determination that transaction contemplated by this Agreement complies with the SLA is a condition precedent to Landlord’s ability to enter into the Lease (“SLA Clearance”). If the HCD Clearance has not issued such determination prior to expiration of the Due Diligence Period, then the Due Diligence Period shall be automatically extended to the date that is fifteen (15) days after Landlord provides written notice to Tenant of the SLA Clearance. Notwithstanding any contrary term of provision of this Agreement, in the event that HCD has not issued the SLA Clearance to Landlord prior to the scheduled expiration of the Option Period. In such event, Landlord shall return the Option Fee and Lease Fee (if applicable) to Tenant in full. Upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for Landlord’s obligation to return the foregoing fees if previously paid, shall cease and terminate.

D. RESERVED
E. Call for an Inspection; Revised Plans and Specifications. No later than (10) days prior to expiration of the Due Diligence Period, Tenant will request an inspection of the Project by the City of Buena Park Building Department (“Building Department”) for purposes of reviewing and confirming that the process and condition of the Project is consistent with the Plans and Specifications. If, as a result of such inspection, the Building Department determines that alternations or changes to the Plans and specifications are necessary, then Tenant shall complete such alterations or changes and resubmit and approval by the Building Department. If the Building Department finds and determines, in good faith and a showing of good cause, that the existing Project work does not comply with the Plans and Specifications, the Building Department may require revisions to the Plans and Specifications in writing to Tenant. Tenant will thereafter resubmit revised Plans or Specifications to Landlord within ten (10) days after the Building Department’s notification. If the Building Department finds and determines, in good faith and a showing of good cause, that the Plans and Specifications are inadequate, this Agreement may be terminated by Landlord pursuant to Section 8. The Due Diligence Period shall be automatically extended as may be necessary to accommodate the foregoing procedures and timelines.

3. Completion of Project Work. Commencing upon expiration of the Due Diligence Period and continuing for the remainder of the Option Period, Tenant covenants, promises, and agrees to commence and pursue without interruption the completed construction and opening of the Project on the Property. Landlord grants Tenant and license to enter upon the Property for such purpose.

Completion of the construction shall be signified by a City’s issuance of a final certificate of occupancy for all buildings or improvements that are part of the Project (thereby signifying that all permitted work comprising the Project has been completed) (“Completion Certificate”).

A. Cost of Development. Any and all costs for engineering, planning, designing, construction, development, and opening of the Project shall be paid by Tenant. 6 B. Construction Progress Reports. Tenant shall provide Landlord with quarterly progress reports, or more frequent updates if Landlord reasonably requires, regarding the status of the construction of the Project.

C. Rights of Access. For the purposes of assuring compliance with this Agreement, representatives of Landlord shall have the reasonable right of access to the Property. To ensure safety, Landlord shall request approval for such access with at least twenty-four (24) hours to Tenant, such approval shall not be unreasonably delayed, conditioned, or withheld. This right of access is in addition to any rights or remedies City may possess as a governmental, regulatory, or law enforcement agency with jurisdiction over the Property.

D. Prohibition on Liens or Encumbrances. Tenant shall not place or allow to be placed on the Property any mortgage, trust deed, encumbrance or lien during the term of this Agreement, and shall immediately remove or have removed any lien on any of the Property or portion thereof or assure the satisfaction thereof. Notwithstanding the foregoing, Tenant may contest the validity or grant of any recorded lien provided notice of such intent to contest is provided to Landlord, and any payment due shall be made immediately upon final resolution of any such contest.

E. Completed Work at Tenant’s Risk; Waiver and Release. Tenant recognizes and agrees that any and all work, improvements, or other thing of value added, invested, or otherwise contributed to the Property prior to the effective date of the Lease is done at Tenant’s risk, and if this Agreement is lawfully terminated by Landlord because of a breach or default by Tenant occurring prior to a Completion Certificate, then Landlord will terminate this Agreement and retake possession of the Property and Project in it’s then-existing state. In the event of such termination by Landlord, Tenant will forfeit and waive any and all rights, title, or interest to the Property and Project, and have no right to any payment or consideration of any kind in exchange for any work that may have been completed or value added to the Property. Tenant acknowledges that part of the consideration to Landlord for this Agreement is that Tenant has promised to and will complete construction of the Project, and Tenant’s failure to do so will undermine the consideration bargained for by Landlord. The parties expressly desire and agree that the waivers and releases covered by this section include a waiver of the protections of Civil Code Section 1542. Each party hereby acknowledges that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel regarding, and represents and warrants that it is familiar with the provisions of, California Civil Code Section 1542 which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Each party acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future.

Nevertheless, each party hereby acknowledges, represents and warrants that this section and corresponding waivers and releases has been negotiated and agreed upon in light of that situation, 7 and hereby waives, to the maximum legal extent, any rights accruing to it under Section 1542 or other statute or judicial decision of similar effect. These waivers and releases shall survive the termination or expiration of this Agreement.
___________ ___________
Landlord ’s Initials Tenant’s Initials

4. Indemnity and Releases.

A. Indemnity. Tenant shall, defend, indemnify and hold Landlord and its elected or appointed officers, employees, or agents (“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 Tenant’s activities in connection with exercise and enjoyment of rights arising out of this Agreement, or which arise from the direct or indirect actions or inactions of Tenant of Tenant’s contractors, agents, employees or any other persons acting or failing to act on Tenant’s behalf. This defense and indemnity obligation includes payment of attorney’s fees and all costs of litigation. Landlord shall have the right to select counsel of its choice, with rates subject to reasonable approval by Tenant. The parties hereby agree to cooperate in defending such action. Landlord will not voluntarily assist in any such third-party challenge or take any position adverse to the Tenant in connection with such third-party challenge.

Notwithstanding the foregoing, Tenant 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 by the intentional misconduct or gross negligence of such Indemnitee(s).

5. Insurance. During the term of this Agreement, Tenant shall purchase and maintain liability insurance in the types and amounts set forth in Exhibit “C” to this Agreement. Upon request, Tenant shall deliver to Landlord certificates of insurance or other reasonable evidence showing compliance with this Section.

6. Notices and Demands. All notices, statements, demands, consents, approvals, authorizations, offers, designation, requests or other communications hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if delivered personally or if mailed by United States certified or registered mail, return receipt requested, postage prepaid, and:

If to Landlord: City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90622
Attention: City Manager
If to Tenant: LLP Investments, LLC
C/O Leonel Prats
8 Or to such other addresses as each respective party may from time to time designate by written notice given in accordance with this Section.

7. Party Representations.

A. Landlord’s Representations. As a material inducement to Tenant entering into this Agreement, Landlord represents and warrants to Tenant that: (1) Landlord is a California municipal corporation, duly formed and operating under the laws of the State of California; (2) Landlord has full right and lawful authority to enter into and perform Landlord’s obligations under this Agreement; (3) the person(s) executing this Agreement and any related instruments for or on behalf of the Landlord have been authorized to act on behalf of the Landlord, and this Agreement is valid and enforceable against Landlord in accordance with its terms and each instrument to be executed by Landlord pursuant hereto or in connection therewith shall be, when executed, valid and enforceable against Landlord in accordance with its terms; (4) Landlord has good and marketable fee simple title to the Property subject only to matters of record existing on title as of the Effective Date; and (5) except for matters of record existing on title as of the Effective Date, Tenant’s rights under this Agreement shall not be subject or subordinate to any encumbrance. If Landlord becomes aware of any act or circumstance that would change or render incorrect, in whole or in part, any representation or warranty made by Landlord in this section, whether as of the date given or any time thereafter, whether or not such representation or warranty was based upon Landlord’s knowledge and/or belief as of a certain date, Landlord will give immediate written notice of such changed fact or circumstance to Tenant.

B. Tenant’s Representations. As a material inducement to Landlord entering into this Agreement, Tenant represents and warrants to Landlord that: (1) Tenant is lawful owner of the plans and specifications for the Project; (2) Tenant is a California limited liability company, lawfully entitled to do business in the State of California and the City of Buena Park, California; (3) Tenant has full right and lawful authority to enter into and perform Tenant’s obligations under this Agreement; (4) the person(s) executing this Agreement and any related instruments for or on behalf of the Tenant have been authorized to act on behalf of the Tenant, and this Agreement is valid and enforceable against Tenant in accordance with its terms and each instrument to be executed by Tenant pursuant hereto or in connection therewith shall be, when executed, valid and enforceable against Landlord in accordance with its terms; and (5) Tenant has the intent, knowledge, capacity (financial and otherwise), and experience necessary to perform this Agreement. If Tenant becomes aware of any act or circumstance that would change or render incorrect, in whole or in part, any representation or warranty made by Tenant in this section, whether as of the date given or any time thereafter, whether or not such representation or warranty was based upon Tenant’s knowledge and/or belief as of a certain date, Tenant will give immediate written notice of such changed fact or circumstance to Landlord.

8. Default and Remedies. In the event either party violates any obligation hereunder which it is obligated is to perform prior to expiration of the Option Period, and the defaulting party fails to cure such violation within 14 days after receipt of written notice from the other party, in addition to any other rights or remedies available in law or equity, then the non-defaulting party may terminate this Agreement by giving notice, in writing, of such termination to the defaulting party. 9 In the event of a termination by Landlord because of a breach by Tenant, the Option Fee, Lease Fee, and ownership the Plans and Specifications for the Project, shall be paid or transferred to Landlord as liquidated damages for Tenant’s failure or breach, as Landlord’s sole and exclusive damages remedy. In the event of a termination by Tenant because of a breach by Landlord, Landlord shall, in addition to returning the Option Fee and Lease Fee, be liable for the reasonable and documented value any Project work completed by or on behalf of Tenant following expiration of the Due Diligence Period (such that, for example, Tenant’s damages will be calculated starting with the original value of the Project work indicated in the building permit, and subtracting the value of work Project actually completed by Tenant after the Due Diligence Period and prior to the breach), up to a maximum total of Fifty Thousand dollars ($50,0000), shall be paid directly by Landlord directly to returned to Tenant.

IF LEASE FAILS TO BECOME EFFECTIVE SOLELY BECAUSE OF A PARTY’S

DEFAULT, THE NON-DEFAULTING PARTY WILL BE DAMAGED AND WILL BE

ENTITLED TO COMPENSATION FOR THOSE DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. EACH

PARTY DESIRES TO LIMIT THE AMOUNT OF DAMAGES FOR WHICH THEY MIGHT BE LIABLE SHOULD IT BREACH THIS AGREEMENT. BOTH TENANT AND

LANDLORD WISH TO AVOID THE COSTS AND LENGTHY DELAYS THAT WOULD

RESULT IF A PARTY FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF THIS AGREEMENT. IF THE LEASE FAILS TO BECOME EFFECTIVE BECAUSE OF A PARTY’S DEFAULT DURING THE OPTION PERIOD, THEN THE

DAMAGES AND RELIEF, AS ALLOCATED ABOVE, SHALL BE DEEMED TO CONSTITUTE A REASONABLE AND FINAL ESTIMATE OF A PARTY’S DAMAGES

AND SHALL BE RETAINED BY THE NON-DEFAULTING PARTY AS LIQUIDATED DAMAGES AS THE NON-DEFAULTING PARTY’S SOLE AND EXCLUSIVE REMEDY

FOR BREACHES OF THIS AGREEMENT THAT RESULT IN A FAILURE OF THE LEASE BECOMING EFFECTIVE. LANDLORD AND TENANT ACKNOWLEDGE

THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS

SECTION AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.

THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH LIQUIDATED

DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS

INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO NON-DEFAULTING PARTY PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677.

THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

THIS SECTION SHALL APPLY ONLY TO BREACHES OF THIS AGREEMENT THAT

PREVENT OR RESULT IN A FAILURE OF THE CONDITIONS PRECEDENT TO THE

LEASE AND SHALL NOT OPERATE TO LIMIT OR OTHERWISE RESTRICT THE PARTIES’ RIGHTS AND REMEDIES RELATING TO OTHER DISPUTES.

9. Miscellaneous
10 A. Prohibition Against Transfer, Change in Ownership, Management and Control of Tenant. Tenant’s identity, experience, and capacity to complete the Project are important to Landlord. Prior to a Completion Certificate, Tenant may not assign this Agreement without Landlord’s written consent, which will may be approved or denied in the sole and absolute discretion of Landlord.

B. Conflicts of Interest. No member, official or employee of Landlord shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. No member, official or employee of Landlord shall be personally liable to Tenant, or any successor in interest, in the event of any default or breach by Landlord, or for any amount which may become due to Tenant or successor or on any obligations under the terms of this Agreement. Tenant warrants that it has not paid or given, and will not pay or give, any third person any money, campaign contribution, or other consideration for obtaining this Agreement, nor provided any gift, contribution, income, or other benefit to an official or employee of Landlord that creates a conflict of interest under California law, except to the extent such conflict was disclosed on the record and avoided (e.g. through the non-participation of the recipient official) in the manner required by law.

C. Brokers and Sales Commissions. Each party represents to the other that it has not engaged a broker, salesperson or finder in connection with this Agreement of the Lease, and each party shall defend, indemnify and hold the other harmless from any claims for fees or commissions asserted by any broker, salesperson or finder based on communication with the indemnifying party.

D. Cooperation of Parties. Each party agrees to execute such instruments and documents and to diligently undertake such actions as may be reasonably required to achieve the objectives of this Agreement and each shall use commercially reasonable efforts to accomplish their obligations arising hereunder.

E. Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof in which time is a factor. If the date for performance of any obligation hereunder or the last day of any time period provided for herein shall fall on a Saturday, Sunday or legal holiday, then said date for performance or time period shall expire on the first day thereafter which is not a Saturday, Sunday or legal holiday in the locality (State of California, City of Buena Park) where the Property is located.

F. Counterparts. This Agreement may be executed in multiple counterparts and delivered as originals, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

G. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
11 H. No Obligations to Third Parties. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties to, any person or entity other than the Parties and, to the extent this Agreement constitutes escrow instructions, the Title Company.

I. Exhibits and Attachments. The following exhibits attached hereto are hereby incorporated fully into this Agreement by this reference as if set out if full:

Exhibit A – Description of Property / Site Map
Exhibit B – Description of Project
Exhibit C – Insurance Requirements
Exhibit D – Lease
J. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

K. Applicable Law. All questions with respect to this Agreement, and the rights and liabilities of the Parties and venue hereto, shall be governed by the laws of the State of California.

Any and all legal actions sought to enforce the terms and provisions of the Agreement shall be brought in the courts of the County of Orange.

L. Assignment. Neither Party shall assign this Agreement to any party without the prior written consent of the other Party.

M. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto.

N. Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

O. Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting thereof.

P. Legal Fees. Each Party shall be responsible for payment of its own attorney’s fees with respect to negotiation, preparation or performance of this Agreement. Should any action be brought by either party to enforce or interpret this Agreement, the prevailing party will be entitled to recovery of its actual attorneys’ fees, including the fair market value of any in-house attorneys and staff, court costs, expert witness fees and/or trustee costs and fees, including all related expenses, all as costs in accordance with this Agreement, through to final non-appealable conclusion, in addition to any other relief to which that party may be entitled. 12 Q. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to an employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby.

R. Amendments to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto.

S. No Partnership, Third Person. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Landlord and Tenant except as specifically provided herein. No term or provision of this Agreement is intended to benefit any person, partnership, corporation or other.

SIGNATURE PAGE FOLLOWS
13 EXHIBIT “A”
Legal Description / Site Plan of the Property
Real property in the City of Buena Park, County of Orange, State of California, described as follows:

COMMENCING AT A POINT 150 FEET SOUTH OF THE NORTHEAST CORNER OF BLOCK 58 IN "BUENA PARK", AS SHOWN ON A MAP RECORDED IN BOOK 18, PAGE 50 ET SEQ., MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND RUNNING THENCE WEST 155 FEET; THENCE SOUTH 50 FEET; THENCE EAST 155 FEET; AND THENCE NORTH 50 FEET TO THE PLACE OF BEGINNING.

APN: 276-282-19
EXHIBIT “B”
14 Description of the Project
The Project consists of all work and improvements described in the plans and specifications approves by way of Building Permit No. B-23-1615 issued by the City of Buena Park, with such work and improvements being generally described as the following exterior and interior tenant improvements to the Historical Building to: a restaurant, bar, kitchen, and back of house (1,058 square feet); installation of a new cover on the preexisting patio structure (747 square feet); a new ADA compliant bathroom (334 square feet); new exterior decking with a roof (912 square feet); and new exterior decking without a roof (742 square feet).

EXHIBIT “C”
15 Insurance Requirements
During the Term of the Agreement, Tenant agrees to and shall secure and maintain, at its own expense, insurance policies of the type and in the amounts that are at least equal to the minimum standards contained in this Exhibit C. For purposes of this Agreement, the term “Insured Parties” shall include Landlord and its respective officers, directors, shareholders, agents, trustees, employees, and property management company whether named herein or not.

A. Insurance Mandatory.

1. Landlord reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. If Tenant's existing policies do not meet the insurance requirements set forth herein, Tenant agrees to amend, supplement or endorse the policies to bring them into compliance.

2. Tenant shall maintain the insurance coverage required herein throughout the term of the Lease, and, upon the Landlord's request, Tenant shall provide Landlord with evidence of such coverage, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance. Insurance coverage shall be provided in the forms and coverage amounts set forth herein.

3. If the Tenant maintains broader coverage and/or higher limits than required herein, the Landlord requires and shall be entitled to the broader coverage and/or higher limits maintained by the Tenant.

B. Minimum Scope / Types of Insurance. Tenant shall obtain and maintain insurance policies with coverage at least as broad as the following:

1. Insurance Services Office Commercial General Liability insurance (occurrence Form Number CG 00 01).

2. Automobile Liability insurance with coverage at least as broad as Insurance Services Office Form Number CA 0001 covering "Any Auto" (Symbol 1).

3. Workers Compensation insurance as required by the State of California.

4. Liquor Liability Insurance to cover Tenant's operation at the Property defined in the Lease.

5. Builders’ Risk Insurance.

6. Architectural / Engineering Services.

C. Minimum Limits of Insurance. The TENANT shall maintain insurance coverage limits not less than:
16 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage, and to include coverage for products completed. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit, and shall contain specific language creating a duty to defend against any suit seeking damages.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

4. Workers Compensation Liability: $1,000,000 per accident or in greater amount required by the State of California.

5. Builders’ Risk Insurance: In an amount equal to 100% of value of the Project assigned by the building permit(s) for the Project.

6. Architectural / Engineering Services. Tenant provides or hires a consultant to provide design services, such as architectural or engineering services in connection with the Project, or any portion of the Project, Tenant shall provide or require each such consultant to provide Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, the performance of such design services, with limits of not less than TWO MILLION DOLLARS ($2,000,000) per incident and not less than TWO MILLION DOLLARS ($2,000,000) aggregate.

D. Tenant's Contractors. The following insurance shall be maintained by Tenant's construction contractors with limits not less than those set forth below:

1. Commercial General Liability (ISO form CG 00 01 or equivalent): $1,000,000 per occurrence; $2,000,000 general aggregate.

2. Automobile Liability (ISO edition of form CA 00 01): $1,000,000 per accident for bodily injury and property damage.

3. Workers Compensation Liability: $1,000,000 per accident or in greater amount required by the State of California.

4. Builder's Risk Insurance: In an amount equal to the initial contract sum, plus an amount acceptable to Landlord, to increase by amount of subsequent modifications to the Contract Sum.

5. Architectural / Engineering Services. Not less than TWO MILLION DOLLARS ($2,000,000) per incident and not less than TWO MILLION DOLLARS ($2,000,000) aggregate.

E. Endorsements. Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the Landlord for approval. The insurance policies shall contain or be endorsed to contain, the following provisions:
17 1. Additional Insured.
(a) Commercial General Liability — Additional Insured: The Landlord, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Tenant including materials, parts or equipment furnished in connection with such work or operations. Additional Insured Endorsements shall not:

1. Be limited to "Ongoing Operations"

2. Exclude "Contractual Liability"

3. Restrict coverage to the "Sole" liability of Tenant

4. Exclude "Third-Party-Over Actions"

5. Contain any other exclusion contrary to the Contract Additional Insured Endorsements shall be at least as broad as ISO Form(s) CG 20 10 11 85; or CG 20 10 and CG 2037.
(b) Auto Liability — Additional Insured: The Landlord, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Tenant.
(c) Liquor Liability — Additional Insured: The Landlord, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Tenant.
(d) Builder's Risk Insurance Additional Insured: The Landlord, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Tenant.
(e) Architectural / Engineering Services. The Landlord, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Tenant.

2. Waiver of Subrogation: All polices of insurance required herein shall include a waiver of subrogation stating that the insurer waives all rights of subrogation against the Landlord.

3. Primary Insurance: All polices of insurance required herein shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance. 1 EXHIBIT D
Form of Lease

REAL PROPERTY LEASE
THIS REAL PROPERTY LEASE (“Lease”) is entered into as of September ___, 2026 (“Effective Date”), by and between the CITY OF BUENA PARK, a municipal corporation ("Landlord"), and LLP Investments, LLC ("Tenant"), with reference to the following facts:

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:

AGREEMENT

1. Lease of Property. Subject to the full execution and recording of this Lease, Landlord leases to Tenant, and Tenant leases from Landlord, the Property for the term defined in Section 3 below and upon the covenants, agreements, and conditions set forth herein. Tenant’s rights specifically include the exclusive right to use or replace the pylon sign, and to use the remote storage building (the rest of which is used by the Landlord).

2. Overflow Parking Rights. In addition to possession and occupancy of the Property, Tenant shall also have the non-exclusive right to use the surface lot that is located on the Landlord-owned parcel immediately south of the Property (identified as Orange County Assessor 1 The Property includes all work and improvements described in the plans and specifications approved by way of Building Permit No. B-23-1615 issued by the City of Buena Park, with such work and improvements being generally described as the following exterior and interior tenant improvements to the Historical Building to: a restaurant, bar, kitchen, and back of house (1,058 square feet); installation of a new cover on the preexisting patio structure (747 square feet); a new ADA compliant bathroom (334 square feet); new exterior decking with a roof (912 square feet); and new exterior decking without a roof (742 square feet). 2 Parcel No. 276-282-01), for purposes of employee or overflow customer parking (“Overflow Lot”).

3. Term and Effective Date. This Lease shall commence upon the date the Lease is recorded on the Property ("Effective Date"), and unless extended by a Renewal Term as described in in subsection A of this section, this Lease shall expire at 5:00 p.m. on the date that is five (5) years from the Effective Date (inclusive of any Renewal Term, hereinafter the “Term”).

A. Renewal Terms. Tenant shall have the option to extend the Term of the Lease for up to three (3) renewal periods of five (5) years each (each a “Renewal Term”), which may be exercised at Tenant’s sole discretion provided that Tenant is not then in default under this Lease, and provided further, that Tenant notifies Landlord in writing at least 180 days prior to the schedule expiration of the then-current five-year period Tenant's exercise of the applicable renewal term.

B. Landlord Rights on Termination for Reletting. If Tenant has not exercised the applicable Renewal Term, or if the last such Renewal Term has been exercised by Tenant and the parties have not entered into a new lease, then Landlord or its agent shall thereafter have the right to enter the Property at all reasonable times with prior notice to Tenant for the purpose of exhibiting the Property to others and to place upon the Property during the period commencing 120 days prior to the expiration of the then current Term “for sale” or “for rent” notices or signs of such number and in such locations as Tenant reasonably approves.

4. Rent. Tenant agrees to pay a monthly rent of $3,068.00 (“Rent”) payable in advance on the first day of each calendar month during the Term, with Tenant’s initial payment of Rent due on the first day of the first full calendar month following the Effective Date of this Lease.

Except for Tenant’s initial Rent payment, Rent for any period during the Term which is for less than a full calendar month shall be prorated based upon the actual number of days of the calendar month involved. In the event that any Rent due is not received by Landlord within ten (10) days of the payments due date, then Tenant shall pay a late charge equal to 10% of the rent then due, calculated and compounded monthly. The monthly rent will automatically increase effective as of the beginning of the second Lease Year and annually thereafter during the Lease Term by 3%.

A. Manner of Payment. Rent shall be paid in the form of Tenant's corporate check, payable to Landlord, without deduction or offset, and shall be delivered to Landlord at the address set forth herein or to any other address as designated by Landlord from time to time. Automated Clearing House (ACH) payments may also be established to allow automatic rent payments at the discretion of the Tenant.

B. Continued Possession of Tenant. Any holding over after the last day of the Term of this Lease shall be construed to be a month-to-month tenancy, on the terms herein set forth, terminable by either party on not less than sixty (60) days’ notice, with the exception that Rent shall be increased to one hundred ten percent (110%) of the Rent paid by Tenant in the prior year under the Lease. Tenant shall have sixty (60) days after such notice of termination by either party within which to remove any personal property of Tenant, and any of Tenant’s property not so removed may be kept or destroyed by Landlord at its discretion. The provisions of this subsection shall survive the expiration or the earlier termination of this Lease. 3 C. No Withholding. Notwithstanding any dispute between the Tenant and the Landlord, Tenant shall make all payments of Rent when due and shall not withhold any Rent pending the final resolution of such dispute.

5. Security Deposit. Concurrently with its execution and delivery of this Lease, Tenant has deposited with Landlord the sum of $6,136.00 as a security deposit (the "Security Deposit").

Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Security Deposit. Tenant waives any rights it may have under Section 1950.7 of the California Civil Code with respect to the Security Deposit.

Within thirty (30) days following the expiration or earlier termination of this Lease and Tenant's performance of all of its obligations under this Lease, the Security Deposit or any balance thereof shall be returned to Tenant. If Landlord sells its interest in the Property and deposits with the purchaser thereof the then-unapplied portion of the Security Deposit, and identifies such amounts as the security deposit of Tenant, then Landlord shall be discharged from any further liability with respect to such Security Deposit.

6. Permitted Uses. Uses permitted at the Property shall be limited to a restaurant and/or cafe. Tenant agrees that the restaurant/cafe must be open at least 5 days a week from 8:00 AM to 3:00 PM, and shall serve breakfast and lunch. While not required to operate at times beyond those specified above, the Parties agree that nothing contained herein shall prevent or otherwise prohibit Tenant from opening as early as 7:00 AM or closing as late as 10:00 PM. Beer, wine and spirits will be allowed provided all necessary permits are secured. The parking areas shall be used only for parking for Tenant's employees, agents, contractors and invitees.

7. Maintenance and Repairs.

A. Tenant’s Responsibilities. As part of the consideration for this Lease, all repair and maintenance of the Property shall be the responsibility of the Tenant, and the Tenant shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Property. Tenant shall maintain and manage the Property in an attractive and professional condition. Without limiting the Tenant’s obligations, and by way of example only, Tenant’s maintenance and repair obligation include: maintaining and repairing all structures, roof, heating, cooling, foundation and drainage, fire protection, sprinkler, electrical, plumbing and sewer systems, fixtures, parking areas, signage, and other any other improvements existing on the Property; keeping interior spaces in a first class condition by performing normal day-to-day maintenance, including the sweeping and cleaning of floors and hard. surfaces, cleaning and repairing of the doors, windows and window frames, and maintaining and repairing all portions of the store front area and all exterior doors; replacing any broken or cracked interior and exterior glass; graffiti remediation; repainting or resurfacing of weathered, faded, or damaged surfaces; and similar activities. Tenant shall provide for the disposal of all waste, trash or refuse generated by the Property in the manner required by local and state law, including the cleaning and remove of all trash, rubbish and debris associated with Tenant’s use of the Overflow Lot. Tenant agrees to provide reasonable evidence of its maintenance and management performance at the request of Landlord from time to time; but, no more frequently than annually. 4 B. Casualty Events. In the event of fire or other casualty that will cost more than $50,000 to repair, or in the event of a latent structural defect not caused by Tenant or its agents or contractors and not discoverable by a diligent non-invasive inspection of the Property prior to the date hereof, then Tenant may in its sole discretion either irrevocably elect to repair the defect or damage, as applicable, or terminate this Lease by written notice to the Landlord given within thirty (30) days after discovery of the defect on occurrence of the damage, as applicable. To the extent casualty insurance proceeds are available to Landlord as a result of the damage, Landlord shall make such casualty insurance proceeds available to Tenant for reconstruction subject to reasonable construction loan disbursement conditions and controls.

8. Operating and Utility Costs. Tenant shall be solely and exclusively responsible for any and all expenses, costs, fees, assessments and costs in connection with managing, staffing, operating, maintaining, repairing, insuring, lighting, protecting and securing the Property during the Term of this Lease, including but not limited to all charges for gas, electricity, water, sewer service and other utilities for the Property used during the Term of this Lease. All such utilities will be separately metered and obtained by Tenant from the applicable utility company. Tenant also shall be solely responsible for the payment of any connection, tap, hookup or other fee(s) imposed by governmental authorities or by any utility company to extend, connect or continue utility service to the Property.

9. Improvements, Fixtures and Alterations.

A. Title to Property. During the Term of this Lease, title to the Property and all improvements existing thereon shall at all times be and remain vested in Landlord.

B. Fixtures and Equipment. All trade fixtures and equipment, appliances, furniture and other personal property installed on the Property by Tenant shall not become a part of the real property and may be removed by Tenant from the Property at any time prior to expiration or termination of this Lease.

C. Alterations.
(i) Permitted Cosmetic Alterations. Notwithstanding anything to the contrary herein, Tenant may, without Landlord's prior written consent, perform the following work solely within the interior of the Premises (collectively, "Permitted Cosmetic Alterations"): (a) painting and wallcovering of interior non-historic surfaces; (b) replacement of non-historic interior floor coverings, including tile, with materials of equal or better quality; (c) like-for-like replacement of interior lighting fixtures, plumbing fixtures, and hardware with items of substantially similar size, type, capacity, and quality; and (d) routine landscape maintenance and replacement of plantings within existing planting beds. Permitted Cosmetic Alterations shall not: (1) affect the exterior or any structural element of the Property; (2) penetrate or alter any exterior wall, roof, window, door, floor slab, or load-bearing element; (3) materially affect the Property's mechanical, electrical, plumbing, fire/life-safety, or HVAC systems; (4) alter, remove, cover, or damage any historic or character-defining feature, including original millwork, trim, plaster, ceilings, flooring, hardware, or fixtures; (5) require a building permit. Tenant shall give Landlord not less than ten (10) days' prior written notice describing any Permitted Cosmetic Alteration and shall use only licensed, 5 insured contractors. For clarity, "landscape maintenance" excludes any tree removal, grading, hardscape or paving.
(ii) Exterior and Structural Alterations Prohibited. Tenant acknowledges that the Property is a designated historic structure listed in the City of Buena Park General Plan and that its exterior appearance are of material value to Landlord. Tenant shall not make, or permit to be made, any alteration, modification, renovation, addition, improvement, replacement, or removal affecting the exterior of the Property or any structural element thereof, without Landlord's prior written consent, which Landlord may grant, condition, or withhold in its sole and absolute discretion.
(v) Trade Fixtures. Tenant's installation, use, and removal of free-standing furniture, equipment, and trade fixtures that are not affixed to the Property and that do not require any exterior penetration, structural modification, or permit shall not constitute an alteration under this Section, provided Tenant repairs any damage caused by such installation or removal. (vi) Ownership; Surrender. All alterations, other than Tenant's trade fixtures, shall become Landlord's property upon installation and shall remain upon surrender, unless Landlord elects at the time of consent (or, for Permitted Cosmetic Alterations, at any time before the end of the Term) to require removal, in which case Tenant shall remove the same and restore the affected area to its condition existing prior to such work, reasonable wear and tear excepted, at Tenant's sole cost.

10. Taxes and Assessments. As required by California Revenue and Taxation Code section 107.6, Landlord discloses and Tenant acknowledges that Landlord’s ownership interest in the Property is exempt from real property taxes by virtue of Landlord’s status as a local governmental agency. Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant further recognizes and understands that any sublease or assignment permitted under this Lease and any exercise of any option to renew or other extension of this Lease may constitute a change in ownership for purposes of property taxation and therefore may result in a revaluation of any possessory interest created hereunder. Tenant shall pay directly to the appropriate taxing authorities prior to their delinquency all taxes applicable to Property (including but not limited to possessory interest taxes), if any, falling within the Term of this Lease.

Tenant shall have the right to contest any possessory interest taxes or other taxes or assessments by appropriate legal proceedings or in such other manner as it deems suitable, and upon Tenant’s request Landlord shall reasonably cooperate in such contest, protest or proceeding. Landlord shall not, during the pendency of such legal or other proceeding or contest, pay or discharge any taxes or assessments on the Property or any associated lien, provided Landlord may do so to stay a sale through foreclosure of a lien thereon. Any refund obtained by Tenant shall be paid to Tenant, except that Landlord shall be entitled to receive the proceeds of any refund to the extent Landlord has paid or discharged the tax to stay a foreclosure sale of a tax lien.

11. Acceptance of Property.

A. Tenant Acknowledgment. Tenant acknowledges, represents and warrants that Tenant and its architect and contractor have inspected the Property and that Tenant accepts the Property in its current "AS IS" condition, without representation or warranty, express or implied. 6 B. AS IS CONDITION. TENANT SPECIFICALLY ACKNOWLEDGES AND

AGREES THAT TENANT IS LEASING THE PROPERTY (INCLUDING, WITHOUT

LIMITATION, ALL IMPROVEMENTS THEREON, AS THEY MAY EXIST ON THE EFFECTIVE DATE) ON AN “AS IS WITH ALL FAULTS” BASIS AND THAT (EXCEPT AS

EXPRESSLY SET FORTH IN THIS LEASE) TENANT IS NOT RELYING ON ANY

REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (OTHER THAN

THOSE MADE BY LANDLORD EXPRESSLY IN THIS LEASE), EXPRESS OR IMPLIED,

FROM LANDLORD AS TO ANY MATTERS CONCERNING THE PROPERTY AND THOSE ITEMS AND ASPECTS OF THE PROPERTY REFERENCED IMMEDIATELY ABOVE.

C. California Civil Code Section 1542. The Parties expressly desire and agree that the waivers and releases covered by this section include a waiver of the protections of Civil Code Section 1542. Each Party hereby acknowledges that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel regarding, and represents and warrants that it is familiar with the provisions of, California Civil Code Section 1542 which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Each Party acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future.

Nevertheless, each Party hereby acknowledges, represents and warrants that this Agreement and corresponding waivers and releases has been negotiated and agreed upon in light of that situation, and hereby waives, to the maximum legal extent, any rights accruing to it under Section 1542 or other statute or judicial decision of similar effect.
___________ ___________
Landlord’s Initials Tenant’s Initials
D. Commitments Survive Closing. The waivers, releases, and obligations of the Parties in this section shall survive the Closing.

12. Prohibition on Mortgages and Liens. Tenant shall not place or allow to be placed on the Property any mortgage, trust deed, encumbrance, lien, or other security instrument of any kind or nature, and shall promptly remove or have removed any lien on any of the Property or portion thereof or assure the satisfaction thereof within a reasonable time, but in any event prior to a foreclosure or sale thereunder. Notwithstanding the foregoing, Tenant or a successor, transferee, assignee, or tenant may contest the validity or grant of any recorded lien, provided notice of such intent to contest is provided to Landlord, and any payment due shall be made immediately upon final resolution of any such contest; provided that in all cases payment shall be made prior to a foreclosure or sale of the lien.

13. Compliance with Laws. Tenant shall comply with the terms of all any law, statue, regulation, ordinance, zoning requirement, or other governmental rule or regulation applicable to 7 the Property or Tenant’s use and occupancy thereof, as each of the foregoing may be amended or enacted from time to time. If Tenant receives written notice of any such violation applicable to the Property or Tenant’s activities, Tenant shall give prompt notice thereof to Landlord. Tenant may, at its expense, contest the validity or application of any governmental requirements and may seek approval from a court with jurisdiction to postpone or delay compliance therewith (in whole or in part) pending final resolution of such contest. Tenant shall defend, indemnify and hold Landlord harmless from and against any and all claims, liabilities, damages, costs and expenses arising from or relating to any failure of Tenant or its contractors to comply with applicable laws (including, without limitation, prevailing wage laws).

14. Quiet Enjoyment. Landlord covenants that, if Tenant fully performs its obligations herein, Tenant shall have and enjoy, upon the Effective Date and during the Term of this Lease, the quiet and undisturbed possession of the Property free from interference by Landlord or any party claiming by, through or under Landlord, together with the right to non-exclusive use of the Overflow Lot on the terms and conditions set forth in this Lease.

15. Insurance. Tenant agrees, at its sole expense, to maintain in full force during the term of this Lease a policy or policies of insurance with the policy types and limits as shown in Exhibit “B” attached hereto, naming Landlord as an additional insured and providing coverage for the indemnity provision of this Lease and covered damages caused by Tenant. The proceeds of any insurance paid in performance of this Lease are to be paid solely and immediately to Landlord.

16. Surrender; Obligations Upon Expiration / Termination of Lease. Tenant agrees, upon the expiration of this Lease, to quit and surrender the Property to Landlord, free of all personal property and trade fixtures and free of all signs installed by Tenant (excluding any monument sign). Tenant shall surrender the Property and all improvements to Landlord in their then-existing condition, provided that the condition of the Property shall comply with Section

7.A., and subject to the covenants and commitment that survive the expiration or termination of this Lease. Upon Landlord’s request, Tenant shall deliver a quitclaim deed to Landlord evidencing the termination or expiration of this Lease.

17. Tenant’s Environmental Responsibilities. During the Term of this Lease, Tenant shall not cause or permit any hazardous substances (as defined with reference to any local, state, of federal law or regulation) to be used on, in or under the Property by Tenant, Tenant’s agents, employees or contractors, or anyone claiming by, through or under Tenant, except in the ordinary course of business in the operation of Tenant’s business, or as reasonably required in performing the obligations of Tenant under this Lease, and then only to the extent no laws or regulations in effect at such time are violated by Tenant with regard to such use. Tenant shall indemnify, defend and hold the Landlord, and its elected and appointed officials, officers, employees, and agents (“Indemnitees”) harmless from and against any and all claims, liabilities, damages, costs and expenses owing to third parties or suffered by Indemnitees, including court costs, reasonable attorneys’ fees and consultants’ fees, arising during or after the Term and reasonably incurred or suffered by the Indemnitees as a result of any default or breach of any representation, warranty or covenant made by the Tenant under this section. The provisions of this section shall survive the expiration or the earlier termination of this Lease.
8 18. Defaults and Remedies. In the event that either party shall be in default in the performance of any obligation on its part to be performed under the terms of this Lease, and the default continues for twenty (20) days following written notice thereof from the other party (an "Event of Default"), the non-defaulting party may (i) terminate this Lease by written notice to the other party and (ii) exercise any and all remedies granted by law, including but not limited to damages.

19. Notices. All notices, statements, demands, consents, approvals, authorizations, offers, designation, requests or other communications hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if delivered personally or if mailed by United States certified or registered mail, return receipt requested, postage prepaid, and:

If to Landlord: City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90622
Attention: City Manager
If to Tenant: LLP Investments, LLC
C/O Leo Prats
Or to such other addresses as each respective party may from time to time designate by written notice given in accordance with this Section.

20. Representations and Indemnification.

A. Landlord represents and warrants to Tenant that Landlord has the right, subject to the required approvals referenced in Section 2, to grant this Lease and Tenant represents and warrants to Landlord that Tenant has the right to enter into this Agreement. If either party breaches its representation in this Section, such party agrees to indemnify, defend and hold the other party harmless from and against any and all claims, actions, damages, liabilities, costs and expenses (including reasonable attorney fees) imposed upon, asserted or incurred by the other party as a consequence of any such breach of this representation.

B. Tenant shall defend, indemnify and hold harmless Landlord, and each and every officer, employee and agent of Landlord from and against any and all liabilities, actions, damages, claims, losses, costs and expenses of every and any type by reason of, or resulting from (a) the use of the Property, parking areas, monument sign, or any part thereof by Tenant, its officers, agents, contractors, employees or invitees or (b) a breach of Tenant's obligations or representations under this Lease. Notwithstanding the foregoing, Tenant shall have no liability with respect to a "latent" structural defect in the Property not caused by Tenant or its agents or contractors, and not discoverable by a diligent noninvasive inspection of the Property on or prior to the date hereof, or any claims arising from or in connection with the negligence or willful misconduct of Landlord or its employees, agents or contractors.

C. Landlord shall not be liable to or for any damages, claims, costs or expenses whatsoever with respect to the trade fixtures, furnishings or exhibits in the Property, whether 9 caused by water, steam, cold, heat, fire or other casualty, or for or from any other cause whatsoever.

21. Miscellaneous Terms.

A. Assignment and Subletting. Other than described below, Tenant shall not assign this Lease, sublet the Leased Premises or otherwise convey its rights under this Lease without Landlord's written consent in its sole and absolute discretion. Anything to the contrary notwithstanding, nothing contained herein shall prevent or prohibit Tenant from assigning this Lease to an affiliate entity or to an entity with common ownership of the Tenant. i. EV Charger Sublease. Landlord acknowledges that, contingent on the effectiveness of the Lease, Tenant desires to enter into a sublease with Tesla providing for the installation and operation of eight (8) vehicle charging stations on a portion of the Property’s surface parking lot (“EV Sublease”). Landlord consents to such sublease and use subject to: (a) the EV Sublease being applicable only to the portion of the Property identified as Orange County Assessors’ Parcel Number 276-282-43; (b) Tenant (or the subleasee) applying for and obtaining all necessary permits and approvals from the City, utility providers, and any other governmental or regulatory agencies with jurisdiction over the necessary work; (c) parking spaces covered by the EV Sublease will be available for employees, customers, and visitors of the Property; (d) the terms and conditions of the Sublease being acceptable to the City Manager and the form thereof being acceptable to the City Attorney, each in the exercise of their sole and independent discretion; and (d) Tenant’s interest in the EV Sublease shall be automatically assignable or transferable to Landlord should it be in effect upon the earlier termination or expiration of the Lease.
ii. Restaurant Operator Sublease. Landlord acknowledges that, contingent on and following the effectiveness of this Lease, Tenant may to enter into a sublease with a restaurant operator for operation of the Property consistent with the terms and conditions of the Lease (the “Operating Sublease”), provided that: (1) the principal of Tenant (Leo Pratt) is and at all times remains an owner or managing member of the sublease; (2) the terms and conditions of the Operating Sublease expressly incorporate this Lease and are acceptable to the City Manager, and the form is acceptable to the City Attorney, each in the exercise of their sole and independent discretion; (3) the duration of the Operating Sublease shall not exceed and shall expire upon the termination or expiration of the Lease; and (4) Landlord shall not be released and shall remain jointly and severally liable and responsible for complying with the terms of the Lease.

B. Right of Entry. Landlord shall have the right to enter and inspect the Leased Premises or parking areas at any time, provided that with respect to inspections of the interior of the buildings, Landlord has given Tenant at least 24 hours' prior written notice.

C. Waiver of Relocation Benefits. Tenant acknowledges and agrees that upon expiration of termination of this Lease no relocation benefits or related payments shall be due and owing by Landlord. Tenant acknowledges that Tenant is a commercial use, and accordingly Tenant shall not be considered a “displaced person” within the meaning of the Relocation Assistance Act (Gov’t Code § 7260 et seq. Notwithstanding and in addition to the foregoing, pursuant to Civil Code section 3513, Tenant expressly waives and releases the Landlord from and against any and 10 all relocation benefits or similar payments to which it may entitled under the Relocation Assistance Act or other applicable laws.

D. Certified Access Specialist Inspections. Pursuant to California Civil Code Section 1938 Landlord hereby discloses that as of the date of this Lease, the Property, including the Parking Area has not been inspected by a Certified Access Specialist.

E. Governing Law/Venue. The laws of the state of California shall govern the validity, interpretation and performance of this Lease. Any lawsuit brought in connection with this Lease shall be brought in the appropriate court in the County of Orange, California.

F. Non-Waiver. Landlord’s acceptance of rent or failure to complain of any action, non-action or default of Tenant, whether singular or repetitive, shall not constitute a waiver of any of Landlord’s rights. If Tenant’s payment of any sum due Landlord is accompanied by written conditions or is represented by Tenant to be a settlement or satisfaction of any obligation, Landlord may accept and deposit such moneys without being bound by such conditions or representations unless Landlord expressly agrees in a separate written instrument. Landlord’s waiver of any right of Landlord, or any default of Tenant’s, shall not constitute a waiver of any other right or constitute waiver of any other default or any subsequent default. Landlord’s agents and representatives do not have authority to make changes to this Lease except by authorized written amendments signed by Landlord.

G. Severability. Should any clause, paragraph, sentence or section of this Lease be determined to be void, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Lease shall not be rendered void and enforceable as a result but rather shall remain in full force and effect.

H. Litigation and Attorney’s Fees. Should any action be brought by either party to enforce this Lease, the prevailing party will be entitled to recovery of its actual attorneys’ fees, including the fair market value of any in-house attorneys and staff, court costs, expert witness fees and/or trustee costs and fees, including all related expenses, all as costs in accordance with this Lease, through to final non-appealable conclusion, in addition to any other relief to which that party may be entitled.

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

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

K. Entire Agreement/Amendments. This Lease constitutes the entire agreement between the parties, and supersedes any and all previous written or oral agreements or representations between the parties. This Lease may only be amended in writing signed by both parties.
11 L. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same lease. Transmission of signatures by pdf or electronic mail shall be considered originals for all purposes.

M. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Landlord and Tenant and their respective successors, assigns and successors in interest, subject to Section 10 above.

N. Force Majeure. With respect to the second sentence of Section 6 above, Tenant will not be liable for any failure of or delay in performance for the period that such failure or delay is beyond its reasonable control (excluding Tenant's financial condition and general economic/market conditions).

O. Time of Essence. Time is of the essence of each provision hereof in which time is a factor.

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

Q. Recording. As required by California law, substantially concurrently with the execution hereof, the parties shall also execute and cause to be acknowledged and then record this Lease in the Official Records of Orange County, California.

IN WITNESS WHEREOF, the parties have caused this Lease to be executed on the date first written above.

INSERT SIGNATURES AND NOTARY FORM
12 Exhibit A to Lease
Description of Property
Real property in the City of Buena Park, County of Orange, State of California, described as follows:

APN: 276-282-19
13 Exhibit “B” to Lease”

INSURANCE REQUIREMENTS
During the Term Tenant agrees to and shall secure and maintain, at its own expense, insurance policies of the type and in the amounts that are at least equal to the minimum standards contained in this Exhibit B. For purposes of this Lease, the term “Insured Parties” shall include Landlord and its respective officers, directors, shareholders, agents, trustees, employees, and property management company whether named herein or not.

A. Insurance Mandatory.

4. Landlord reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. If Tenant's existing policies do not meet the insurance requirements set forth herein, Tenant agrees to amend, supplement or endorse the policies to bring them into compliance.

5. Tenant shall maintain the insurance coverage required herein throughout the term of the Lease, and, upon the Landlord's request, Tenant shall provide Landlord with evidence of such coverage, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance. Insurance coverage shall be provided in the forms and coverage amounts set forth herein.

6. If the Tenant maintains broader coverage and/or higher limits than required herein, the Landlord requires and shall be entitled to the broader coverage and/or higher limits maintained by the Tenant.

B. Minimum Scope / Types of Insurance. Tenant shall obtain and maintain insurance policies with coverage at least as broad as the following:

7. Insurance Services Office Commercial General Liability insurance (occurrence Form Number CG 00 01).

8. Automobile Liability insurance with coverage at least as broad as Insurance Services Office Form Number CA 0001 covering "Any Auto" (Symbol 1).

9. Employer's Liability.

10.Workers Compensation insurance as required by the State of California.

11.Liquor Liability Insurance to cover Tenant's operation at the Property defined in the Lease.

12.Hazard Insurance against loss or damage to the Property resulting from fire, lightning, vandalism, malicious mischief and such perils ordinarily defined as “extended coverage” in the full replacement value of the Property, excluding flood and earthquake.

C. Minimum Limits of Insurance. The TENANT shall maintain insurance coverage limits not less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage, and to include coverage for products completed. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the 14 required occurrence limit, and shall contain specific language creating a duty to defend against any suit seeking damages.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

7. Workers Compensation Liability: $1,000,000 per accident or in greater amount required by the State of California.

8. Liquor Liability: $2,000,000 per claim; $4,000,000 annual aggregate.

9. Hazard Insurance: amount not less than the full replacement value of the improvements on the Property, subject to a “deductible clause” of not to exceed $500,000 for any one loss.

The term “full replacement value” as used in this section shall mean the actual replacement cost of the improvements located on the Property (including the cost of restoring the surface of the Property, but excluding the cost of restoring trees, plants and shrubs).

D. Tenant's Contractors. The following insurance shall be maintained by Tenant's construction contractors with limits not less than those set forth below:

6. Commercial General Liability (ISO form CG 00 01 or equivalent): $1,000,000 per occurrence; $2,000,000 general aggregate.

7. Automobile Liability (ISO edition of form CA 00 01): $1,000,000 per accident for bodily injury and property damage.

8. Workers Compensation Liability: $1,000,000 per accident or in greater amount required by the State of California.

9. Builder's Risk Insurance: In an amount equal to the initial contract sum, plus an amount acceptable to Landlord, to increase by amount of subsequent modifications to the Contract Sum.

1. Additional Insured.
(a) Commercial General Liability — Additional Insured: The Landlord, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Tenant including materials, parts or equipment furnished in connection with such work or operations. Additional Insured Endorsements shall not:

6. Be limited to "Ongoing Operations"

7. Exclude "Contractual Liability"

8. Restrict coverage to the "Sole" liability of Tenant

9. Exclude "Third-Party-Over Actions"
15 10.Contain any other exclusion contrary to the Contract Additional Insured Endorsements shall be at least as broad as ISO Form(s) CG 20 10 11 85; or CG 20 10 and CG 2037.
(b) Auto Liability — Additional Insured: The Landlord, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Tenant
(c) Liquor Liability — Additional Insured: The Landlord, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Tenant.
(d) Hazard Insurance— Additional Insured: The Landlord, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Tenant.

4. Waiver of Subrogation: All polices of insurance required herein shall include a waiver of subrogation stating that the insurer waives all rights of subrogation against the Landlord.

5. Primary Insurance: All polices of insurance required herein shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or selfinsurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.

September 8, 2026

PUBLIC HEARING
Item No. 6A.

City Council Agenda Report
ORDINANCE AMENDING PORTIONS OF TITLE 19 (ZONING), DIVISION 1 (ADMINISTRATION), DIVISION 3 (SINGLE-FAMILY RESIDENTIAL ZONES), DIVISION 4 (MULTI-FAMILY RESIDENTIAL ZONES), DIVISION 5 (COMMERCIAL AND INDUSTRIAL ZONES), DIVISION 7 (MIXED-USE ZONES), AND DIVISION 9 (SIGN

REGULATIONS) OF THE BUENA PARK MUNICIPAL CODE

PREPARED BY PRESENTED BY
Rodrigo Pelayo, Senior Planner Ian McAleese, Senior Planner

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development
Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt an Ordinance amending Title 19 (Zoning) of the Buena Park Municipal Code, specifically Divisions 1 (Administration), 3 (Single-Family Residential Zones), 4 (Multi-Family Residential Zones), 5 (Commercial and Industrial Zones), 7 (Mixed-Use Zones), and 9 (Sign Regulations).

PREVIOUS CITY COUNCIL ACTION
On June 24, 2025, the City Council adopted Ordinance No. 1754 to amend Title 19 (Zoning) of the Buena Park Municipal Code, specifically Division 1 (Administration), 3 (Single-Family Residential Zones), 4 (Multi-Family Residential Zones) and 7 (Mixed-Use Zones) as well as amendments to the Housing Incentive Overlay Zones (HIO) Objective Design and Development Standards (ODDS).

On August 12, 2026, the Planning Commission conducted a public hearing to consider Text Amendment No. C-26- 2 to amend various Divisions within Title 19 of the Municipal Code and adopted Resolution No. 6415 by a 5-0 vote recommending that the City Council adopt the proposed Ordinance amending the aforementioned Divisions of the Buena Park Municipal Code.

DISCUSSION
The Zoning Code (Title 19 of the Municipal Code) is the City's primary tool for implementing the goals and policies of the General Plan. Making periodic amendments to the Zoning Code is good planning practice, as it allows the City to respond to changes in state law, evolving development trends, and community needs. Regular updates also promote a business-friendly environment by keeping regulations clear, current, and predictable for residents, property owners, and businesses. The amendments proposed under Text Amendment No. C-26-2 continue this practice and ensure that the Zoning Code is accurate, internally consistent, and reflects the goals and policies of the City. A summary of the proposed amendments is provided below:

Division 1 (Administration) – Removal of the obsolete Research Manufacturing (MR) Zone description to maintain consistency with the City's zoning map; new and revised definitions to support new and amended uses and standards, including new definitions for, boarding/rooming house, convenience store/mini-market, food hall, thrift retail store, light and heavy vehicle repair, and landscape-related terms (ecological landscaping, dormancy, hazard, and invasive species); and revisions to the Interdepartmental Review process to exempt like-for-like re-striping of existing parking lots and trash enclosures from discretionary review.

Division 3 (Single-Family Residential Zones) – Comprehensive update of ADU/JADU standards to comply with state law effective January 1, 2026, including updated Government Code references, revised unit allowances, height and livable-space standards. Additional revisions clarify that uses not listed in Table

19.312.010 are prohibited; added Community Residential Care facilities to the use table; established height limits for accessory buildings; clarified that building form standards (massing, roofline articulation, garage location, and window privacy) apply to new construction and additions; require landscaped areas to be kept free of state-listed noxious weeds and invasive species; refine residential driveway standards; require vehicle parking and storage outside approved driveways to be screened behind a solid fence in side or rear yards; and clarify chicken keeping standards (three to six chickens, with minimum coop and enclosure dimensions).

Division 4 (Multi-Family Residential Zones) – Revisions to clarify that uses not listed in Table 19.412.010 are prohibited; addition of boarding/rooming houses; revised landscape maintenance standards that accommodate drought-tolerant, native, and climate-appropriate landscaping (recognizing seasonal dormancy and natural dieback) while prohibiting hazards and right-of-way obstructions; clarified fence height allowances; and clarified lot merger language for the RM-10 lot consolidation density bonus.

Division 5 (Commercial and Industrial Zones) – Reorganization and updates to the Permitted Uses Table, including the addition of new uses such as food halls, coffee shops with drive-through service, indoor recreation and entertainment uses (e.g., karaoke, axe throwing, virtual reality, batting cages, indoor gokart/sports complexes), breweries and distilleries with tasting rooms; restructured vehicle sales, service, and repair categories based on Federal Highway Administration vehicle classifications with indoor-only operational requirements; updated outdoor display standards addressing location, allowable merchandise, and maintenance; simplified industrial parking ratios replacing the sliding-scale formula with flat rates for warehouse, wholesale, and manufacturing uses, and a new parking standard for vehicle repair uses; new development standards for outdoor swap meets; and new special requirements sections for mortuaries/crematoriums (including a 600-foot separation from sensitive uses), body art/tattoo parlors (requiring compliance with the California Safe Body Art Act), and automobile and boat service and repair.

Division 7 (Mixed-Use Zones) – Merging of the Amusement Resort (AR) Zone with the mixed-use zones and retitling Division 7 to “Mixed-Use and Special Zones.”
Division 9 (Sign Regulations) – Removal of a duplicate definition.

As a result of the extent of the amendments proposed to each of these Divisions, all new text is shown in doubleunderline and deletions in strike-through on the attached draft Ordinance (Attachment 1).

ENVIRONMENTAL ASSESSMENT
The Zoning Code Text Amendment is exempt from CEQA pursuant to Section 15061(b)(3), which provides that a project is exempt as CEQA only applies to projects which have the potential for causing a significant effect on the environment and does not apply where it can be seen with certainty that there is no possibility of a significant effect. The proposed text amendment will allow for updates to development standards within the various zones, the establishment and operation of certain uses within commercial and industrial zoned properties subject to specified operational standards to ensure there are no impacts on the environment. The added or amended uses are substantially similar to other permitted uses contained within the Zoning Code.

Additionally, pursuant to 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 Sections 66314 and 66333 of the Government Code (State ADU Law). The proposed Zoning Code Text Amendment implements the updates to California Government Code Section 66314 and 66333 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, 2026.

PUBLIC HEARING NOTIFICATION
Notice of this public hearing was published in the Buena Park Independent on August 14, 2026; and posted at City Hall, Orange County Fire Authority Fire Station No. 61, and the Ehlers Event Center on August 14, 2026.

BUDGET IMPACT
The proposed Text Amendment will have no fiscal impact on the City.

Attachments

1. Proposed City Council Ordinance for Text Amendment No. C-26-2

2. Planning Commission Resolution No. 6415
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF BUENA PARK,

CALIFORNIA, APPROVING AN ORDINANCE AMENDING
TITLE 19 OF THE BUENA PARK MUNICIPAL CODE,
SPECIFICALLY DIVISIONS 1 (ADMINISTRATION), 3
(SINGLE-FAMILY RESIDENTIAL ZONES), 4 (MULTIFAMILY RESIDENTIAL ZONES), 5 (COMMERCIAL AND INDUSTRIAL ZONES), 7 (MIXED-USE ZONES), AND 9
(SIGN REGULATIONS)
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”; and
(ii) Consistent with such authority, the City enacted the Buena Park Municipal Code (“BPMC”) and Buena Park Zoning Code (Title 19 of the BPMC, hereinafter “BPZC”) to, among other things, regulate the location and nature of land uses in the City; and (iii) On October 10, 2025, Governor Gavin Newsom signed Senate Bills (“SB”) 9, 543, and Assembly Bill (“AB”) 1154 (the “Bills”) into law, amending Government Code sections 66311 through 66339.5, and thereby enacting new Statewide requirements for Accessory Dwelling Units (“ADU”) and Junior Accessory Dwelling Units (“JADU”); and
(iv) The Planning Commission reviewed and considered all elements of said Text Amendment No. C-26-2 and the information contained therein and all legal prerequisites to the adoption of the Planning Commission Resolution occurred; and (v) The Planning Commission conducted a public hearing on August 12, 2026, to consider Text Amendment No. C-26-2 to amend various Divisions within Title 19 of the Municipal Code and approved a Resolution (5-0) recommending that the City Council adopt an Ordinance amending the aforementioned Divisions of the Municipal Code; and
(vi) The City Council has reviewed and considered all components of the requested Text Amendment No. C-26-2 including compliance with the California Environmental Quality Act (CEQA) and determines that the proposed Text Amendment is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines (Common Sense Exemption), which applies where it can be seen with certainty that the proposed action has no potential to cause a significant effect on the environment.

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 Sections 66314 and 66333 of the Government Code (State ADU Law); and
ORDINANCE NO. _______

Page 2 ends

(vii) On September 8, 2026 the City Council of the City of Buena Park has conducted a duly noticed public hearing as required by law to consider the proposed Text Amendment C-26-2. Said public hearing was concluded prior to the adoption of this Ordinance; and (viii) All legal prerequisites to the adoption of this Ordinance have occurred.

B. Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES ORDAIN AS FOLLOWS:

Section 1: The facts set forth in the Recitals, Part A, of this Ordinance are true and correct.

Section 2: Subsection 19.104.040.C of the Buena Park Municipal Code, entitled “Industrial Zones,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough:

1. CM, Commercial Manufacturing Zone. To provide for commercial activities requiring larger site areas than available in the central area of the City, and for commercial and limited industrial services not appropriate for location in the central commercial areas.

2. MR, Research Manufacturing Zone. To provide for administrative or executive offices of business and industrial concerns, scientific research offices and laboratories, restricted manufacturing activities, and compatible appurtenant uses, all in a highly attractive and pollutionfree environment.

3. 2. ML, Light Industrial Zone. To provide for small and medium size industrial uses which are not likely to have adverse effects upon each other or upon neighboring residential and commercial areas.

4. 3. MH, Heavy Industrial Zone. To provide for manufacturing and distribution plants which require relatively large sites, to protect such uses from the disruptive effects of unrelated commercial or other activity in their midst, and to protect the surrounding community from adverse environmental effects of industrial activity.

Section 3: Section 19.104.080 of the Buena Park Municipal Code, entitled “Definitions,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

Boarding/Rooming House. "Boarding/Rooming House” a residence or dwelling, other than a hotel, wherein three or more rooms, are rented to individuals under three or more separate rental agreements, leases or subleases or combination thereof, either written or oral, whether or not an owner, agent or rental manager resides within the residence or dwelling unit. A Boarding/Rooming House does not include any state-licensed facility serving six or fewer persons or a Group Home as that term is defined in Chapter 5.70.020 of the BPMC.

Body art, tattoo parlor. "Body art, tattoo parlor” means a commercial establishment where one or more practitioners perform body art, including tattooing, body piercing, branding, or the application of permanent cosmetics, as defined in California Health and Safety Code Section 119301, as amended.

This use includes tattoo studios, body piercing studios, permanent cosmetic establishments, and similar businesses regulated under the California Health and Safety Code.

ORDINANCE NO. _______

Page 3 ends

Body Art, Tattoo Parlor does not include medical body modification such as scarification, laser tattoo removal, micro-needling, or ear piercing performed solely with a disposable, single-use, pre-sterilized clasp and stud or solid needle applied using a mechanical device. Examples of uses not classified as a body art, tattoo parlor include dermatology clinics, plastic surgery offices, medical spas, esthetician salons, and cosmetic skin care businesses that provide laser tattoo removal or micro-needling such as collagen induction therapy, skin resurfacing, treatment of acne scars, wrinkles, or hyperpigmentation.

Convenience store/mini-market. "Convenience store or mini-market" means a market or grocery store having an enclosed gross floor area of less than ten thousand (10,000) square feet, and engaged primarily in the sale of a limited range of food and beverage items, and secondarily in a limited range of household items and magazines. Food items may be cooked or heated, but not consumed, on the premises.

Contractor’s storage facility. "Contractor's storage facility" means any premises used by a contractor, as defined, for the purpose of storing, maintaining, servicing, distributing, or dispatching supplies, materials, vehicles, equipment, tools, scaffolding, or similar items required by or associated with a contractor's business. that serves as the principal place of business of a contractor, as defined, where the contractor conducts its primary business operations and stores, maintains, services, distributes, or dispatches supplies, materials, vehicles, equipment, tools, scaffolding, or similar items required by or associated with the contractor's business.

Dormancy “Dormancy” means a seasonal period during which a plant reduces visible growth, including browning or dieback, as a natural adaptation to climatic conditions.

Ecological Landscaping. “Ecological Landscaping” means an intentional design and maintenance using native, drought-tolerant, climate-adapted, pollinator-supporting, edible, or regenerative practices that reduce water use and support biodiversity.

Food hall. “Food hall" means a commercial use consisting of three or more permanent food service establishments or lease areas operating from permanent structures or facilities on a single site and designed to function as a unified development through shared dining areas, seating, pedestrian circulation, or other common amenities. The use may be located within an enclosed building, partially outdoors, or entirely outdoors. Ancillary uses may include limited retail sales and incidental live entertainment.

Hazard “Hazard” means a condition that creates a fire hazard as determined by applicable authority; obstructs access; impairs required visibility; causes irrigation runoff into the public right-of-way; includes unstable trees/plant material posing immediate risk; or creates documented pest harborage posing health or safety risk.

Invasive Species “Invasive Species” means a species designated as noxious weeds by CDFA (statute and regulation) or identified by Cal-IPC as invasive.

Landscaping. "Landscaping" means a designed or natural arrangement of plant materials including grass, ground cover, shrubs, trees, vines, and similar vegetation and may include the use of decorative rock, stones, bark, walls, fountains, pools, brick or similar paving as accessory decorative elements.

The use of artificial turf may be considered for single-family home use as an alternative to grass and ground cover, provided that a minimum 15% 20% of the front yard area is accented with living plant material such as natural shrubs, trees, vines, or similar vegetation and approved via the Artificial Turf ORDINANCE NO. _______

Page 4 ends

Permit process. Driveways, parking areas, loading or storage areas and bare earth, devoid of living vegetation or accessory decorative elements shall not be considered landscaping.

Livable Space. "Livable space or interior livable space" means a space in a dwelling intended for human habitation, including, sleeping, eating, cooking, or sanitation. Livable space includes bedrooms, bathrooms, kitchens, laundry rooms, closets, and interior stairs.

Mortuary, crematorium. "Mortuary, crematorium" means any establishment primarily engaged in the care, preparation, cremation, or other disposition of human remains. This use does not include cemeteries, mausoleums, columbaria, or other interment facilities. The following are funeral and cremation service use types:

A. Mortuary. Undertaking or mortuary services such as preparing the dead for interring or burials, and arranging and managing funerals, memorials, viewings or other types of remembrance ceremonies.

Beyond humans, remains of family pets could be included. Typical uses include mortuaries or funeral homes;
B. Crematorium. Crematory services traditionally involving the purification and reduction of the human body by fire. Typical uses include crematories or crematoriums. Reduction of human body remains by chemical or other means can also be considered cremations.

Parking, Covered. “Covered Parking” means parking spaces located under a permanent solid roof structure supported by columns, walls, or other structural elements. This includes, but is not limited to, carports and garages.

Thrift retail store. "Thrift retail store" means a retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, including furniture, fixtures, and small household appliances, and the collection of those goods for resale. “Thrift retail store” does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.

Vehicle repair, heavy. "Vehicle repair, heavy” means engine or transmission rebuilding or replacement, major drivetrain or suspension repairs, body or frame repair, collision repair, painting, welding, dismantling, or any repairs for vehicles and boats not listed under “Vehicle repairs, light.” Any light repair activities may be performed in conjunction with heavy repair.

Vehicle repair, light. "Vehicle repair, light” means the inspection, maintenance, and minor repair of motor vehicles and boats that is typically completed on the same business day and does not involve major mechanical, structural, or body work. Light repair includes services such as oil and fluid changes, lubrication, filter replacement, tune-ups, battery replacement, brake pad and rotor replacement, tire and wheel installation or balancing, alignment, windshield wiper replacement, and similar minor maintenance services. This excludes any repair to commercial vehicles or trailers (Federal Highway Administration (FHWA) Class types 4 or greater).

ORDINANCE NO. _______

Page 5 ends

Section 4: Subsection 19.128.100.B.1.c of the Buena Park Municipal Code, entitled “Authority,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough:

c. Minor revisions to existing parking facilities, provided that the total number of parking spaces is not reduced. Minor revisions include, but are not limited to, relocation and reconfiguration of parking spaces and landscaped areas., restriping, and placement of required trash enclosures.

Section 5: Section 19.312.010.A of the Buena Park Municipal Code, entitled “Uses Permitted,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough:
§ 19.312.010. Uses Permitted.

A. Land, buildings, and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.312.010, entitled Uses Permitted. All uses not listed in Table 19.312.010 shall be prohibited in all Single-Family Residential Zones. The symbols shown in this table have the following meanings:

Section 6: Table 19.312.010 of the Buena Park Municipal Code, entitled “Uses Permitted – Single-Family Residential Zones,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

Table 19.312.010

USES PERMITTED - SINGLE-FAMILY RESIDENTIAL ZONES
Uses
Residential Zones
Additional Requirements
RS-16 RS-10 RS-8 RS-6 PD(1)
Residential Uses
Single-Family Dwellings:

Site-Built. P P P P C
Manufactured Homes. P P P P Refers to manufactured homes, factory-built homes, modular homes, and panelized homes.

Single-Family Cluster. C C C See Section 19.348.020.

Multi-Family Dwellings:

Cottage Cluster. P P 100% affordability requirement applies. See Section

19.348.110.

Employee Housing (6 or
fewer).

P P P P P Employee housing as defined by the Health and Safety Code Section 17008. Employee housing shall
be subject to the provisions of the Health and Safety
Code Sections 17021.5 and 17021.6.

Transitional/ Supportive
Housing.

P P P P C Transitional housing facilities providing
accommodations for six (6) or fewer individuals are
allowed in RS zones, unless otherwise indicated by
State Law. Refer to Government Code Section
65651.

ORDINANCE NO. _______

Page 6 ends

Two-Unit Development. P P P P See Section 19.348.100.

Community Residential Care: See Note (2).

Small group care home. P P P P P
Other community residential
care facility. (includes
Residential Care Facility for
the Elderly)

C C C C C
Residential Accessory Uses:

Non-Habitable Accessory
Structure.

I I I I I See Section 19.316.080.

Accessory Dwelling Units. I I I I I See Section 19.348.010.

Junior Accessory Dwelling
Units.

I I I I I See Section 19.348.010.

Guesthouse. I I I I I A guest house shall be used only by the occupants of the main residence, their nonpaying guests, or
domestic employees. The guest house shall not be
rented or otherwise occupied independently from the
main residence.

Home Occupation. I I I I I See Section 19.348.030.

Short-Term Rental. I I I I I See Section 19.348.080.

Animal Keeping. I I I I I See Section 19.348.050.

Swimming Pool, Therapeutic
Pool, Recreational Structure,
Spa.

I I I I P See Section 19.324.050.

Clubhouse, Meeting Room,
Game Room, Gymnasium,
Sauna, Health Center (Private
Use Only).

I I P Permitted as an incidental use for single-family
cluster housing, cottage cluster housing, and
planned developments.

Firepits and Fixed
Freestanding Barbecues.

I I I I P See Section 19.324.030.

Game Courts (tennis,
pickleball, basketball).

I I I I I
Parking, within Garage. I I I I P
Parking, under Carport. I I I I P Carports are permitted for parking spaces which are in addition to the required garage spaces.

Parking, Uncovered. I I I I P Uncovered parking is permitted for parking spaces which are in addition to the required garage spaces.

ORDINANCE NO. _______

Page 7 ends

Yard Sale. I I I I I See Section 19.348.040.

Public Service Uses
Community Day Care:

Small group child day care
home (1-14 children).

I I I I I All applicants shall comply with the State Health and Safety Code with regard to the maximum number of
children that may be supervised at any one time
based on applicable standards and criteria. In no
case, shall the total number of children supervised at
any one time at any residence exceed 14.

Small group adult day care
home (1-6 adults).

I I I I I
Child day care center. Ci Ci Ci Permitted with a CUP as an incidental use provided that sufficient parking and circulation can be provided on the property and the hours of operation for the
incidental use will not conflict with the primary use.

Adult day care center. Ci Ci Ci Permitted with a CUP as an incidental use provided that sufficient parking and circulation can be provided on the property and the hours of operation for the
incidental use will not conflict with the primary use.

Public Assembly: (See also Recreation)
Church. C In all residential zones in which churches are permitted, such churches shall be located on and
oriented to a major, primary, or secondary highway
as defined and designated in the Buena Park
General Plan. Bingo games shall be permitted as an
accessory use only when authorized under Chapter

5.16 et seq., and only when fire and safety
regulations are met and parking facilities are fully
conforming to the requirements for public assembly
use.

Cafe/Coffee Shop. I Permitted only as an incidental use to an existing permitted religious facility and subject to all building and fire safety standards applicable to commercial/
assembly use. Must be less than 3,000 square feet.

Emergency Shelters. I See Section 19.348.070.

Education:

Educational institution. C C C Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et seq.,
and only when fire and safety regulations are met
and parking facilities are fully conforming to the
requirements for education use.

Recreation: (see also Division 5, Commercial Uses—Commercial Recreation.) ORDINANCE NO. _______

Page 8 ends

Note:
(1) Permitted uses and intensity of use in the PD zone shall be determined in a public hearing subject to the provisions of the General Plan for the individual area designated as Planned Development. (2) A Community Residential Care facility is a "community care facility" serving seven (7) or more persons, licensed for any type of 24-hour care pursuant to the California Community Care Facilities Act and California Health and Safety Code Section 1500 et seq. Community Residential Care facilities are conditionally permitted in the RS-6, RS-8, RS-10, RS-16, and PD zones. A minimum distance of 300 feet, measured from property line to property line, shall be maintained from any other community care facility.

Public park, public playground,
public recreational area, public
landscaped open space,
public-owned historical site or
feature.

P P P P P
Community recreation center. P C
Utilities and Communications: See Division 12 of Zoning Ordinance.

Aviation navigational aids. C C C C
Public utility facilities or
structures, including electrical
substations and cellular
telephone facilities.

C C C C
Transportation:

Parking Lot. C C C C
Agricultural Uses
Horticultural production, plant
nursery (no sales), keeping of
livestock.

P Applies to A-Agricultural Overlay Zone only. See
Section 19.312.030.

Horticultural production, plant
nursery (with sales).

C See Section 19.348.060.

Animal Keeping. I I I I See Section 19.348.050.

Temporary Uses
On-site construction facilities. P P P P P Offices, storage, activities, and facilities directly pertaining to construction for a permitted use on the
same site provided construction is not suspended for
more than 30 consecutive days.

On-site real estate sales office. P P P P P Temporary real estate sales office, only for sales or leasing of new subdivision and for not more than 1
year.

ORDINANCE NO. _______

Page 9 ends

Section 7: Table 19.316.030 of the Buena Park Municipal Code, entitled “Height Limits in RS Zones,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

Table 19.316.030

HEIGHT LIMITS IN RS ZONES
Type of Building Maximum Height
Detached House (Primary Building) 2 stories Shall not exceed 30 feet Single-Family Cluster (1) 2 stories Shall not exceed 30 feet Two-Unit Development (2) 1 story Shall not exceed 16 feet Accessory building or structure 1 story Shall not exceed 15 feet at peak of roof or 12 feet for a flat roofed structure
Notes:
(1) See Section 19.348.020 for additional standards.
(2) Two-Unit Developments are only permitted pursuant to SB-9. See Section 19.348.100 for additional standards.

Section 8: Section 19.316.050 of the Buena Park Municipal Code, entitled “Building Form,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

A. Orientation to the Street. The main elevation of a newly constructed single-family home shall face the primary public or private street on which the lot is located. In addition, the main entry to the single-family home shall also be located on the elevation facing the primary or public street. For corner or reversed corner lots, the main entrance may face the secondary street.

B. New Driveway Decorative Treatment. This subsection shall apply to new and replacement Driveways. Driveways shall include a decorative element at least one (1) foot wide composed of pavers, colored/stamped concrete, aggregate, brick banding, or other decorative treatment to break up uninterrupted concrete surfaces to no more than 12-foot-wide sections.

C. New Front Elevation Massing. Building elevations on which the a new main entry is located shall include at least two (2) of the following massing reduction strategies, compliant with the associated standards:

1. Single Floor Projection. A facade projection on the lower or upper floor that projects project at least one (1) foot from the main wall plane, with a total area of at least 80 square feet and capped by a gable, eave or other roof form.

2. Multi-Floor Projection. A facade projection extending from ground level to the upper floor ceiling that projects at least one (1) foot from the main wall plane, with a total area of at least 124 square feet, and capped by a gable or other roof form.

3. Massing Break. A break in the main wall plane of at least two (2) feet that extends from ground level to the upper floor ceiling. The break shall be located so as to separate primary facade elements such as entries and garages, and picture windows.

ORDINANCE NO. _______

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4. Bay Window. A protruding window, such as a bay window, which is at least two (2) feet in depth.

5. Second Floor Stepback. A minimum five (5) foot, street-facing stepback applied to the second floor. The setback shall span at least 60% of the total street-facing building elevation and shall be covered with an eave or roof component that matches the primary roof form of the building.

6. Contrasting Materials or Finish on Floors. Application of siding, panels or materials that vary from the primary exterior finish, to at least 40% of the total elevation area of one story of the building. All materials shall comply with Section 19.316.100.

D. Window Perimeter. All windows shall include at least one (1) of the following perimeter design details:

1. Trim at least two (2) inches wide around the entire window.

2. A minimum two (2) inch recess from the surrounding exterior wall plane.

E. New Street Fronting Roofline. New Rroof surfaces that face street property lines and are wider than 30 feet shall be vertically articulated at least once every 30 feet, with at least one (1) of the following techniques:

1. A change in height of at least four (4) feet.

2. A roof dormer.

3. A change in roof orientation.

4. A change in roof form that projects at least three (3) feet above the main roofline.

F. New Garage Location. All garages for newly constructed (ground up) single-family dwellings on a vacant lot shall be designed and located to limit their visual presence, using one of the following techniques:

1. Street Facing Garage. Garages located along the street facing building elevation shall comply with the following standards:
a. The width shall not exceed 60 percent of the total width of the front elevation of the building.
b. The garage shall be prohibited from projecting forward from the wall plane of the primary dwelling.
c. The garage shall include either: 1) an overhang at least 12 inches deep with the same materials and color palette as the primary roof form, or 2) a recess of at least 12 inches from the surrounding wall plane.

2. Inward Facing (90°) Garage. A 90° inward-facing garage is oriented perpendicular to the main structure of the house and necessitate a turning movement to enter the garage, distinguishing it from traditional front-facing garage. Garages in this configuration may project forward from the wall plane of the primary dwelling.

ORDINANCE NO. _______

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3. Side Accessible Attached Garage. Such garages shall be located a minimum of 12 feet behind the front elevation of the home if located on the street side elevation.

4. Detached or Attached Rear Garage. Such garages shall be located at the rear of residential lots and be made accessible from a side lot driveway or from the rear.

G. New Window Placement and Privacy. To ensure privacy, newly placed windows shall be positioned so that it is they are not in line or directly face a window on an adjacent structure, as shown in Figure A. Additionally, second story windows and glass doors shall be located to promote privacy between properties through such methods as clerestory placement, use of opaque or viewobscuring glass, or other methods as approved by the Community and Economic Development Director.

Figure A: Window Placement and Privacy
H. Antennae. Notwithstanding the restrictions of Section 19.316.030, radio, television, microwave antennae, and similar equipment shall be subject to the following regulations:

1. Ground-mounted antennae which are incidental or accessory uses are permitted to a height of 60 feet, unless permitted higher by a conditional use permit.

2. Roof-mounted antennae, which shall include dishes to a maximum of 24 inches in diameter, may be used but may not be more than 25 feet higher than the highest point of the building to which they are attached, excluding chimneys and like projections, unless permitted higher by the issuance of a conditional use permit.

3. Any antenna that is primary to the use shall be subject to the height limit established under a conditional use permit.

I. Flagpoles. Flag poles shall be permitted within front, side, or rear yards provided they are set back a minimum of five (5) feet from property line and shall be limited to no more than thirty (30) feet in height subject to issuance of a building permit.

ORDINANCE NO. _______

Page 12 ends

J. Balconies. Balconies, where permitted, shall be screened. Screening may include side or rear yard landscaping or decorative lattices made of durable materials such as brick, treated wood, metal, etc. Balconies shall not exceed 15 feet in height above grade with a minimum 7-foot headroom clearance from the finished floor grade. Balconies may have 100% ceiling coverage. Second floor balconies shall not be positioned along any side or rear elevation within 20 feet of the adjacent property line. Second floor balconies shall not be located on any interior side elevation within 20 feet of the adjacent property line. Balconies may be located on the rear and street facing elevations with no orientation to an interior side yard setback area. Balconies oriented towards the rear yard setback area shall be located at least 10 feet from the rear property line if proper screening (landscaping, obscured railing, etc.), as determined by the Community and Economic Development Director, is proposed.

K. Other Structures. Any free-standing structure, not specifically referenced in this Title shall be limited to no more than eight (8) feet in height and may not be located within the front, side, or rear yard setback area.

Section 9: Subsection 19.316.120.B.3 of the Buena Park Municipal Code, entitled “Singlefamily Residential Additions,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

3. Balconies All additions shall comply with all subsections of Section 19.316.050.J.

Section 10: Subsection 19.332.010.F of the Buena Park Municipal Code, entitled “Landscape Provisions for Residential Uses,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

F. Landscaped areas shall be maintained free of state-listed noxious weeds as defined by the California Department of Food & Agriculture and invasive plan species identified by the California Invasive Plan Council or locally adopted invasive species lists. kept in a neat and clean condition; free of debris and dead, diseased, or dying vegetation; and Plant material may not overhang public rights-of-way or property lines and shall not be in direct contact with buildings; broken or defective decorative elements shall be repaired or removed from of the landscaped area. Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned, and watered as maintained to keep the same plants in a healthy, growing condition recognizing seasonal dormancy and natural dieback of certain plant species. Irrigation systems shall be kept in good working condition and repair so as to prevent leaks, or create public health hazards.

Section 11: Section 19.336.030 of the Buena Park Municipal Code, entitled “Residential Driveway Standards,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

A. In case of any conflict between the requirements of this section and any safety requirements pursuant to the Fire Code, the Fire Code requirements shall prevail.

B. All garage, carport, parking area, or other off-street vehicular area shall be connected to one (1) or more public streets or alleys by one (1) or more driveways meeting the standards set forth in this section.

ORDINANCE NO. _______

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C. Driveway Width.

1. The minimum driveway width in all RS zones shall be ten (10) feet.

2. The maximum driveway width in all RS zones shall not be wider than 20 feet, unless the number of bedrooms exceeds four (4), in which case the maximum driveway width shall be 30 feet. a. If more parking spaces are required pursuant to Section 19.336.040, additional parking spaces may be provided in the side or rear yards.
b. When a garage is located in the rear yard, whether attached or detached, the maximum permitted driveway width within the front yard setback area shall be no more than twelve (12) feet.
c. A driveway can be expanded to 30 feet wide to provide direct access to a (three) 3 car garage with openings for 3 cars only.

3. Where the driveway approach width at the street property line required by the City Engineer pursuant to Title 12 is different from the driveway width required by this section, a variable width transition segment outside the street right-of-way shall be provided to provide a smooth connection.

4. Vehicle parking in the front yard area of any residentially zoned lot is prohibited, with the exception of parking on a paved driveway.

D. Vehicle Storage in Single-Family Zones.

1. Vehicle Parking. Refer to Section 19.1108.050 (Motor Vehicle Parking) for additional requirements.

2. Recreational Vehicle, Boat, and Trailer Parking.
a. Purpose. The purpose of these regulations is to establish standards for the parking and storage of recreational vehicles, boats, truck camper, and trailers as an accessory use in residential zones in order to protect the integrity, value, and character of residential neighborhoods along with public health and safety.

3. Definitions.
a. Recreational vehicle or "RV" means both motorized and non-motorized vehicles that combine transportation and temporary living quarters for travel, recreation, or camping.

Does not include mobile homes or off-road vehicles.
b. "Motorized recreational vehicle" means a motorhome built on a truck, bus, or van chassis.
c. "Non-motorized recreational vehicle" means a towable recreational vehicle, combining transportation and temporary living quarters for travel, recreation, or camping, that can be unhitched. Examples include, but are not limited to, conventional travel trailer, fifthwheel travel trailers, travel trailers with expandable ends, folding camping trailers, and sport utility trailers. Boats, horse trailers, utility trailers for storing recreational vehicles, equipment, and all-terrain vehicles (ATVs), motorcycles or personal watercraft stored on ORDINANCE NO. _______

Page 14 ends

trailers utilized for recreational purposes are also considered as non-motorized recreational vehicles. Pickup camper shells that have been removed from the vehicle and stored are considered non-motorized recreational vehicles.

4. Exclusions. Van campers and truck campers are excluded from the recreational vehicle definition because they may be used for non-travel-recreation or camping trips, such as commuting to work or school.

5. "Park," "parking," "parked," "stored" and "storage" mean on-site parking of recreational vehicles on residential property for a continuous period more than 72 hours.

6. "Front yard" means the area within the required front yard setback and any area between the street and the main building line as shown in the diagrams below. For other unique lot configurations, the Community and Economic Development Director shall determine front yard.

7. Registered Owner. The registered owner of an RV stored on the property must either be the owner of the property or use the property as their primary residence. This subsection shall not apply to a single RV stored on the property as a result of visiting guest(s) for up to 72 hours.

8. RV, Boat, Camping Trailer, and Utility Trailer Parking and Storage Standards. a. Accessory Use. Parking or storage may occur as accessory use to the primary residential use of the property and is only allowed on a lot with a habitable residence. b. Front Yards. No storage may occur in the front yard. Temporary parking of an RV on a paved driveway within the front yard setback area shall be allowed for up to 72 hours for the purpose of loading, unloading or otherwise prepping and cleaning the RV. No portion of the temporarily parked RV shall encroach into the public sidewalk nor encroach into the public right-of-way.

ORDINANCE NO. _______

Page 15 ends

c. Rear Yards. Parking or storage is permitted in the rear yard. A minimum clearance of three (3) feet on each side of the stored vehicle shall be provided. d. Side Yards. Parking or storage is permitted when located behind the front face of the main structure. When a recreational vehicle, boat, or trailer is parked or stored in the side yard, a minimum clearance of three (3) feet shall be provided between the vehicle and the building wall if adjacent to egress window(s) for the dwelling unit. e. Parking Surface. Parking and storage shall be on a paved surface (concrete, pavers, etc.) and proper care shall be taken to prevent gasoline, motor oils, or other hazardous fluids from leaking onto the ground, draining, or runoff into storm drain or water course. f. Temporary Coverings. No temporary coverings such as tarps or cloth screens are permitted. Fitted covers are permitted and may be used if they are specifically designed for the RV, boat, camping trailer, or utility trailer and maintained in good condition without holes, rips or tears.

E. Ribbon Driveway Design Standards.

1. Ribbons shall be a minimum of two (2) feet wide and a maximum of three (3) feet wide.

2. Ribbons shall be three (3) feet apart measured from their nearest edges. The space between ribbons shall be planted in turf grass, artificial turf, or other ground cover used in the front yard.

3. Ribbons shall be surfaced with concrete including decorative concrete, patterned concrete, and exposed aggregate concrete; porous asphalt, concrete pavers, paving blocks, gravel, or other materials approved by the Community and Economic Development Director.

4. Honeycomb shaped concrete grids filled with artificial turf or landscape may be used instead of ribbon driveways to reduce the amount of hardscape in the front yard.

5. One (1) driveway is permitted per parcel. Parcels with more than 75 feet of street frontage are permitted to have two (2) driveways and a maximum of two (2) curb cuts may be allowed per lot to allow street parking between the two (2) driveways. This may include the following:
a. One (1) driveway with one (1) curb-cut and one (1) ribbon driveway leading to the side yard with an additional curb cut within the front yard. b. One (1) driveway with one (1) curb cut and one (1) ribbon driveway extending off of driveway without a curb cut within the front yard. See subsection E.7. c. One (1) driveway with one (1) curb-cut located in the front yard and one (1) ribbon driveway located within the rear yard/alley or side yard abutting a street in corner lots. d. One (1) driveway with one (1) curb-cut located in the front yard and one (1)ribbon driveway with an additional curb cut within the rear yard/alley side yard abutting a street in corner lots.
e. Other unique lot configurations will be reviewed and approved by the Community and Economic Development Director.

ORDINANCE NO. _______

Page 16 ends

6. One (1) single slab or ribbon driveway and one (1) curb cut shall be permitted per every 75 feet of frontage of a single-family residential lot. A maximum of two (2) curb cuts may be allowed per parcel. New single-family developments taking access from collector or arterial streets shall share driveways in order to protect public safety by limiting curb cuts.

7. A single slab driveway may be used in conjunction with a ribbon driveway provided that the current slab driveway does not provide access to the side or rear yard for the purposes of vehicle storage. An additional curb cut is required.

Figure D. Driveway Ribbons

8. Ribbon driveways may extend off the driveway within the front yard setback to the adjoining side yard. When the ribbon driveways extend off the driveway, parking and storage of vehicles shall be located behind the fence in the side yard. Temporary parking of a vehicle for over 72 hours within the front yard setback on ribbon driveways that extends off the driveway is prohibited.

Ribbon driveways that extend off the driveway shall include a parking pad for vehicles behind a solid gate within the side or rear yard.

Figure E. Driveway Ribbons Extending Off Driveway
ORDINANCE NO. _______

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F. Permitted Encroachments. The following encroachments are permitted within the required minimum driveway width:

1. Projections from buildings, with the minimum required height clearance of subsection G of this section, such as:
a. Cantilevered eaves, awnings, and shading devices.
b. Architectural features—sills, cornices, buttresses, etc. c. Mechanical equipment cantilevered from building.
d. Balconies, second floor overhangs, and porte cocheres.

2. Utility-owned pole lines within approved easements.

3. Access walkways.

4. A maximum of five (5) foot walkway in addition to the permissible driveway leading to the side yard and/or the front of the house.

5. Security gate, subject to vision clearance requirements of Section 19.336.020 and allowable fence height of Section 19.328.020.

G. Driveway Height Clearance. Within the required driveway width, there shall be no obstruction from the driveway surface to a height of eight (8) feet.

H. Driveway Curvature. The minimum turning radius for the turning point of a any curve in a driveway shall be twenty-five (25) feet measured to the outside edge of the driveway as shown in Figure F.

Figure F. Driveway Curvature
ORDINANCE NO. _______

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I. Circular Driveways. There shall be no circular driveway in a front yard area with two driveway entrances from the same street unless the distance between the driveway approaches is a minimum of thirty (30) feet or more as measured from inside edge to inside edge. Such driveways shall be subject to Public Works Director and City Engineer approval via the Interdepartmental Review Driveway Modification procedure (Section 19.128.100).

J. Driveway Circulation Pattern.

1. Any garage or accessory building having vehicular entry facing an alley shall be located at least thirty (30) feet from the opposite side of the alley.

2. Any garage or carport with its vehicular entrance facing a street shall be set back at least twenty (20) feet from the street property line in order to allow temporary parking in the driveway without obstructing any portion of a public right-of-way.

Section 12: Section 19.336.050 of the Buena Park Municipal Code, entitled “Residential Parking Location,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

A. The required single-family residential parking shall be located on the same lot as the residential dwelling.

B. Parking and storage of vehicles, not located on an approved driveway within a street setback, shall be located behind a solid fence in the side or rear yard.

Section 13: Section 19.348.010 of the Buena Park Municipal Code, entitled “Accessory Dwelling Units and Junior Accessor Dwelling Units,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

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 663104—6633942, 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 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.

ORDINANCE NO. _______

Page 19 ends

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 application for the ADU and issued at the same time as the permit to construct the ADU.

An accessory dwelling unit application shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

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 developed or proposed to be developed with single or multifamily dwellings on lots that are zoned for single-family residential or mixeduse which contain or are proposed to be developed with a single-family dwelling, or on lots zoned for multifamily residential or mixed-use residential use which contain or are proposed to be developed with a multifamily 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.

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 accessory dwelling unit shall not exceed 16 feet, measured from grade, except as follows:
a. Notwithstanding subsection C.3 above, on single-family zoned a lots with an existing or proposed single-family dwelling, if the ADU is attached to the primary dwelling unit, the maximum height is 2 stories not to exceed 30 feet, or as high as the existing two-story primary dwelling unit, whichever is lower. b. Notwithstanding subsection C.3 above, the maximum height of a detached ADU on a lot zoned for multifamily residential or residential mixed-use which are is developed or proposed to be developed with a multifamily, multistory dwelling is 20 feet.
c. Notwithstanding subsection C.3 above, if a parcel contains an existing or proposed single-family or multifamily dwelling unit and 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.

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4. Access. Any external access staircase for the accessory dwelling unit, whether attached or detached, shall not be located on street facing elevation(s) of the single-family or multifamily dwelling unit(s), as applicable. This standard only applies to accessory dwelling units governed by subsection C.6.c.

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 setback of 4 feet to the rear-yard property line and 4 feet to the side-yard property line unless governed under subsection C.6.a.i and iii, which shall only comply with setbacks for fire and safety. b. Any second story windows, decks, balconies, or landings shall provide screening to minimize the loss of privacy for neighboring properties. A minimum second story balcony side or rear yard setback of 5 feet to the property line shall be provided for accessory dwelling units governed by subsection C.6.c.
c. An detached or attached ADU over 800 square feet of livable space in size 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 zoned for residential or mixed-use is limited allowed any 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 single-family dwelling or accessory structure may include an expansion of not more than 150 square feet of livable space 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, of up to 800 square feet of livable space, may be located on lots which contain an existing single-family dwelling or which are proposed to be developed with a single-family dwelling.

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(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 150 square feet of livable space 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 C.6.a(iii) above, plus one (1) detached accessory dwelling unit under 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 that contain multifamily residential zones and or mixed-use zones dwelling structures is are limited as follows:
(i) A maximum of two (2) newly constructed detached accessory dwelling units may be constructed on lots which are proposed to be developed with a multifamily dwelling unit.
(ii) A maximum of eight (8) newly constructed detached accessory dwelling units may be constructed on lots which are developed with multifamily dwelling units. However, the number of accessory dwelling units allowable shall not exceed the number of existing non-accessory dwelling units on the lot.
(iii) 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 structures (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. (iv) Junior accessory dwelling units are not permitted in multifamily residential zones dwelling structures.
c. Single-Family and Multifamily Zones. A single accessory dwelling unit shall be allowed in addition to any other units allowed under subsection C.6 for lots containing an existing or proposed single-family dwelling, that are zoned for singlefamily or multifamily residential and are limited to one (1) of the following options:

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(i) One (1) newly constructed detached accessory dwelling unit that is either (a) built in addition to a detached ADU governed by subsection C.6.a.ii or (b) is in excess of 800 square feet of livable space. (ii) One (1) newly constructed accessory dwelling unit that is attached to an existing or proposed single-family dwelling.
(iii) 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 single-family dwelling or accessory structure may include an expansion of not more than 150 square feet of livable space beyond the existing physical dimensions of the structure for the exclusive purpose of accommodating ingress and egress to the accessory dwelling unit. d. Existing Nonconforming Units. Any accessory dwelling unit or junior accessory dwelling unit that has not previously been legally established, is considered an unlawful use, unless the Community and Economic Development Director determines that the unit meets the provisions of this section:
(i) City shall not deny a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following: (1) The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code; or (2) The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or any local ordinance regulating accessory dwelling units.
(ii) City may deny a permit for an accessory dwelling unit or junior accessory dwelling unit subject to subsection C.6.c.i if the City makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code.

7. Dwelling Size.
a. Newly constructed attached or detached accessory dwelling units shall not exceed 850 square feet of livable space for an accessory dwelling unit that provides up to one bedroom, and shall not exceed 1,000 square feet of livable space 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 of livable space, 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 of livable space.

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8. Off-Street Parking. One (1) parking space per accessory dwelling unit shall be provided for accessory dwelling units that fall within subsection C.6.c. 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 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 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 existing or proposed primary single-family dwelling or an accessory building unit. 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 accessory dwelling unit.
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 subsection paragraph.

9. Location of 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. On-site parking required for the accessory dwelling unit shall be maintained and available for parking purposes at all times.

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10. Vehicular Access.
a. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main primary 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 or
(iii) A second driveway does not result in the loss of an on-street parking space.
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) 66311.5(d).

13. Restricted Areas. Accessory dwelling units that fall under subsection C.6.c 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.

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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 Impact Fees. For accessory dwelling units of over 750 square feet of livable space or more, a proportionate amount of Park Land Dedications and In-Lieu Fees shall be paid, based upon the City's adopted Development Impact Fee Schedule. Any impact fees charged for an accessory dwelling unit that has more than 750 square feet of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling unit.

16. Objective Design Standards. Accessory dwelling units that fall under subsection C.6.c 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, windows, garage door, and architectural enhancements.

When an existing garage is converted into an 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 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. Separate Sale Prohibited. An accessory dwelling unit may not be sold separately from the primary residence.

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

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.

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.

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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. a. 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:
(i) The junior accessory dwelling unit cannot be sold separately from the primary residence; and
(ii) The size and attributes of the junior accessory dwelling units shall conform at all times with the requirements of California Government Code Section 66333 and the Buena Park Municipal Code; and (iii) Minimum rental term of either the junior accessory dwelling unit or primary residence shall be no less than 30 days; and
(iv) The restrictions shall be binding upon any successor in interest and ownership of the property and lack of compliance may result in legal action against the property owner to compel compliance with this section.
b. 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 and storage cabinets that is are of reasonable size in relation to the size of the junior accessory dwelling unit. c. 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.
d. The owner of a property with a junior accessory dwelling unit shall reside in one of the dwelling units on the property if the junior accessory dwelling unit shares sanitation facilities with the single-family dwelling. This owner-occupancy requirement shall not apply to a junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.

Section 14: Subsection 19.348.050.D of the Buena Park Municipal Code, entitled “Chicken Keeping,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

1. No property may keep chickens (minimum of 3 and a maximum of 6) without first obtaining a ministerial permit from the Community and Economic Development Department.

2. Any property which keeps or maintains chickens shall provide an adequate enclosure.

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3. The enclosure must be a minimum size of 10 square feet of permeable land per chicken, and coops must be a minimum of 3 square feet per chicken. Coops may be located within the enclosure, but must maintain the required permeable land of the enclosure.

4. The enclosure must provide protection for the chickens from the elements, and to prevent wildlife or other predators from gaining entry.

5. Chicken enclosures or related structures may be located in the side or rear of the property but shall not be located in the front yard.

6. Chicken coops/runs/enclosures shall be at least 10-feet from any side or rear property line.

7. Chickens must be provided proper feeding and water at intervals not longer than 12 hours apart.

8. Coops, pens, enclosures or yards where chickens are kept must be maintained in a clean and sanitary condition. Manure or other debris shall be removed from such enclosures daily.

9. Each application for the keeping of chickens shall be on a City-provided form and shall include the following information and documentation:
a. The property address where chicken keeping is proposed. b. Property owner authorization.
c. A site plan showing the location on the parcel where the enclosure/coop/ run will be located. d. Self-attestation that the applicant has completed a training/certification course on keeping of chickens.

Section 15: Section 19.408.020 of the Buena Park Municipal Code, entitled “Lot Consolidation Bonus – Multi-Family Zones,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

A. Before any other density bonus is applied, for the RM-10 Zone, a site area bonus shall be granted for up to 16 dwelling units per net acre when multiple parcels are combined lots are merged into a single development with a minimum lot size of 12,500 square feet.

B. Before any other density bonus is applied, for the RM-20 Zone, a site area bonus shall be granted for up to 24 dwelling units per acre when multiple parcels are combined into a single development with a minimum lot size of 12,500 square feet.

C. The Housing Opportunity Overlay (HOO) encourages parcel aggregation by permitting increased density and flexible development standards for consolidated properties in multi-family zones. This promotes the creation of higher density affordable multi-family housing, facilitating efficient land use and enabling more impactful affordable housing projects to address housing needs effectively within the designated overlay area.

Section 16: Section 19.412.010.A of the Buena Park Municipal Code, entitled “Uses Permitted,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough:
§ 19.412.010. Uses Permitted.

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A. Land, buildings, and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.412.010, entitled Uses Permitted. All uses not listed in Table 19.412.010 shall be prohibited in all Multi-Family Residential Zones. The symbols shown in this table have the following meanings:

Section 17: Table 19.412.010 of the Buena Park Municipal Code, entitled “Uses Permitted – Multi-Family Residential Zones,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

Table 19.412.010

USES PERMITTED - MULTI-FAMILY RESIDENTIAL ZONES
Uses RMH RM-10 RM-20 PD(8) Additional Requirements
Residential Uses
Single-Family Dwellings: See Note (1).

Site-Built. See Note
(1).

P P C
Manufactured Homes. See Note
(1).

P P
Single-Family Cluster. See Note
(1).

C C C See Section 19.448.040
Multi-Family Dwellings:

Multi-Family Apartments. P P C
Transitional/Supportive Housing. P P P See Chapter 5.70 and Government Code Section 65651 for supportive
housing projects
Condominium, Stock
Cooperative, Community
Apartments.

C C C See Section 19.448.030.

Cottage Cluster. P P Cottage Clusters are permitted only if 100% of the development is affordable
and meets the requirements set forth in
the Objective Design Standards in
Section 19.448.050.

Employee/Farmworker Housing. P P
Mobile home Park: See Section 19.448.010
Undivided ownership. P
Condominium or planned unit
development ownership.

C C
Group Quarters:

Convent, rectory, boarding/rooming
house, dormitory, fraternity or sorority
house, etc.

C C
Transient Quarters: (See Division 5, Commercial Uses—Tourist Services.) Community Residential Care: See Note (2).

Small group care home. P P P
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Other community residential care
facility.

C C See California Government Code
Section 65583, subdivision (c)(10)(A) for
Affirmatively Further Fair Housing
(AFFH) provisions.

Residential Accessory Uses:

Non-habitable accessory
structure.

I I I I See Section 19.416.080.

Accessory dwelling unit. I I I See Section 19.348.010.

Guesthouse.

Home occupation. I I I I See Section 19.448.060.

Short-term rental. I I I I As incidental to a single-family dwelling only. See Section 19.348.080.

Animal keeping. I I I I See Section 19.448.080.

Swimming pool, therapeutic pool,
recreational structure (play equipment,
tennis courts, etc.).

I I I I
Clubhouse, meeting room, game room,
gymnasium, sauna, health center
(private use only).

I I I C
Rental management office, storage
room.

I I I I
Parking, within garage. I I I I
Parking, under carport. I I I I
Parking, uncovered. I I I I
Yard sale. I I I I See Section 19.448.070.

Public Service Uses
Community Day Care:

Small group child day care home (1-14
children).

P P P See Note (3).

Small group adult day care home (1-6
adults).

P P P
Child day care center (more than 14
children).

Ci Ci Ci See Note (4).

Adult day care center (more than 6
adults).

Ci Ci Ci See Note (4).

Health Facilities:

Long-term care (intermediate care or
skilled nursing).

C C
Public Assembly: (See also Recreation.)
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Church. C C In all residential zones in which churches
are permitted, such churches shall be
located on and oriented to major,
primary, or secondary highway as
defined and as designated in the Buena
Park General Plan. Additionally, see
Note (5).

Café/Coffee Shop I I Permitted only as an incidental use to an existing permitted religious facility
and subject to all building and fire safety
standards applicable to
commercial/assembly use. Must be less
than 3,000 square feet facility and
subject to all building and fire safety
standards applicable to
commercial/assembly use. Must be less
than 3,000 square feet.

Emergency shelter. I I See Section 19.448.090.

Education:

Educational institution. C C See Note (5).

Recreation:

Public park, public playground, public
recreational area, public landscaped
open space, public-owned historical
site or feature.

P P P
Community recreation center. P P C
Utilities and Communications: See Division 12 of Zoning Ordinance.

Aviation navigational aids. C C C C
Public utility facilities or structures,
including electrical substations and
cellular telephone facilities.

C C C
Transportation:

Parking lot. C C C
Parking structure. C C C
Temporary Uses
Temporary uses, as provided in Title 19,
Division 10.

T T T T
On-site construction facilities. T T T T See Note (6).

On-site real estate sales office. T T T T See Note (7).

Notes:
(1) Previously approved existing single-family uses within RMH Zones are considered legal non-conforming. However, in the event that 20 percent or more of an existing single-family use within an RMH zone is destroyed or significantly damaged, such use will no longer be permitted, and the property must be developed in accordance with the zoning regulations applicable to the respective zone.
(2) A Community Residential Care facility is a "community care facility" serving seven (7) or more persons, licensed for any type of 24-hour care pursuant to the California Community Care Facilities Act and California Health and Safety Code Section 1500 et seq. Community Residential Care facility are conditionally permitted in the RM-10 and RM-20 zones. A minimum distance of 300 feet shall be maintained from any other community care facility.

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(3) All applicants shall comply with the State Health and Safety Code with regard to the maximum number of children that may be supervised at any 1 time based on applicable standards and criteria. In no case, shall the total number of children supervised at any 1 time at any residence exceed 14.
(4) Permitted with a conditional use permit as an incidental use provided that sufficient parking and circulation can be provided on the property and the hours of operation for the incidental use will not conflict with the primary use. (5) Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et seq., and only when fire and safety regulations are met and parking facilities are fully conforming to the requirements for public assembly use. (6) Offices, storage, activities, and facilities directly pertaining to construction on the same site provided construction is not suspended for a permitted use for more than 30 consecutive days. (7) Temporary real estate sales office, only for sales or leasing of new subdivision and for not more than 1 year. (8) Permitted uses and intensity of use in the PD zone shall be determined in a public hearing, subject to the provisions of the General Plan for the individual area designated as Planned Development.

Section 18: Section 19.416.090 of the Buena Park Municipal Code, entitled “Residential Garages and Carports,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

A. For a mobile home park in the RMH zone, separate requirements for carports apply pursuant to Sections 19.436.050 and 19.448.010.

B. For a single-family dwelling (one dwelling unit on a lot) in the RM zones, the requirements for minimum garage floor area and vehicular openings shall be governed by Chapter 19.336 of Division 3 for the RS-6 zone.

C. The maximum width of parking areas along street frontages and within the required front setback, including driveways, open parking, carports, and garages, but excluding underground parking and parking located behind buildings, shall not exceed 25 percent of the linear street frontage.

D. Garage doors shall be recessed into the garage wall a minimum of 4 inches to accentuate shadow patterns and relief.

E. Parking for residents, visitors, and/or employees shall be accommodated onsite in garages, parking areas, carports, or along internal streets to minimize spillover to adjacent residential neighborhoods. Parking and loading/unloading areas shall not create stacking/queuing issues at ingress/egress points.

F. For multifamily apartments, garage and/or carport floor areas shall be provided to accommodate the number of required parking spaces as required in Chapter 19.436.

1. Each parking space shall have a vehicular door or access opening of a minimum 8-foot width.

Two parking spaces may be combined with a vehicular door or access opening of a minimum 16-foot width.

Section 19: Section 19.420.060 of the Buena Park Municipal Code, entitled “Private Open Space,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

A. In RM-20 zones, each dwelling unit shall be provided with at least one (1) area of private usable open space and shall be accessible to only one (1) living unit by a doorway or doorways to a habitable room or hallway of the unit. Private open space located above ground level in the form of ORDINANCE NO. _______

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fenced or screened patio or balcony shall have a minimum eight-foot vertical clearance and have minimum dimensions of no less than six (6) feet in any horizontal direction. Private open space located on the ground level in the form of fenced or screened yard, deck, or patio shall have a minimum eight-foot vertical clearance and have minimum dimensions of no less than ten (10) feet in any horizontal direction.

B. Mechanical equipment of a dwelling unit may be located within that unit's private open space provided that the equipment is not more than 3.5 feet in height and the equipment is screened from view. Mechanical equipment located within the unit's private open space area shall provide a minimum area of at least 72 square feet.

C. Above ground-level space shall have at least one (1) exterior side open and unobstructed for at least 6 feet above floor level, except for incidental railings and balustrades.

Section 20: Section 19.428.020 of the Buena Park Municipal Code, entitled “Fence Height and Location,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

A. For any use in the RM zones, other than a single-family dwelling (one dwelling on a lot) and a mobile home park in the RMH zone, the following fence height requirements shall apply;

1. With the exception of a required yard abutting a street, a maximum 7-foot-high fence may be permitted anywhere on a lot.

2. Yards Abutting a Street. Within a required yard abutting a street, a maximum 6-foot-high fence may be permitted, subject to the following setback requirements and the design and material requirements of Section 19.428.030:
a. For any portion of a fence which is not view-obscuring, other than the provision of pilasters and vines, there shall be a minimum 3-foot setback from the street property line for that portion of fence.
b. For any solid or view-obscuring portion of a fence, there shall be a minimum 5-foot setback from the street property line for that portion of fence.

3. For any fence over 2 feet in height within the required 15 feet by 15 feet vision clearance area adjacent to any driveway or alley where it intersects with a public street as defined under Section 19.436.030 shall meet the design requirements of Section 19.428.030.

B. Single-Family Dwelling. For a single-family dwelling in the RM zones, the fence height requirements of Section 19.328.020 shall apply with the exception that a 6-foot maximum height fence may be permitted within the minimum required front yard with a 150-foot setback from the front property line.

C. Mobile home Park. For a mobile home park in the RMH zone, separate fence height requirements apply pursuant to Section 19.448.010.

D. The maximum height of any fence in the multifamily residential zones shall be 7 feet, except where a greater height is required for noise reduction as determined by an acoustical analysis.

Section 21: Section 19.432.030 of the Buena Park Municipal Code, entitled “Landscape and Maintenance,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

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A. All landscaping shall be permanently maintained in a clean, healthy, and attractive condition to prevent hazards, obstruct public rights-of-way or impair required visibility triangles. This includes pruning, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the appropriate watering of all landscaping.

1. Landscaping designs shall include one (1) or more of the following planting design concepts:
a. Specimen trees (48-inch box or more) in informal groupings or rows at major focal points. b. Use of planting to create shadow and patterns against walls. c. Use of planting to soften building lines and emphasize the positive features of the sit. d. Use of flowering vines on walls, arbors, or trellises. e. Trees to create canopy and shade, especially in parking areas and passive open space areas.
f. Berms, plantings, and walls to screen parking lots, trash enclosures, storage areas, utility boxes, etc.

2. Plant materials shall be placed so that they do not interfere with the lighting of the premises or restrict access to emergency apparatus such as re hydrants or re alarm boxes. Trees or large shrubs shall not be planted under overhead lines or over underground utilities if their growth might interfere with such public utilities. Trees and large shrubs shall be placed as follows:
a. A minimum of 6 feet between the center of trees and the edge of a driveway, a water meter, gas meter, and sewer laterals.
b. A minimum of 20 feet between the center of trees and the beginning of curb returns at intersections to keep trees out of the line-of-sight triangle at intersections. c. A minimum of 15 feet between the center of trees and large shrubs to utility poles and streetlights.
d. A minimum of 8 feet between the center of trees or large shrubs and fire hydrants and Fire Department sprinkler and standpipe connections.

B. Curbs Required. All landscape planters shall be separated from all parking and loading spaces, parking aisles, and driveways with a minimum 6-inch-high concrete curb. In addition, for any such landscape area adjacent to a public sidewalk, in which the grade of the planter is higher than the sidewalk and which is planted with ground cover other than a hydroseeded or sodded lawn, a minimum 6-inch-high concrete curb shall be provided alongside the public sidewalk to preclude soil erosion across such sidewalk.

C. Landscapes utilizing drought-tolerant, native, climate-appropriate design principles shall be compliant when maintained in accordance with Subsection A and not constituting a defined hazard.

D. Seasonal dormancy, natural dieback, retained seed heads, mulched leaf litter, and woody debris used for soil health, erosion control, moisture retention, or habitat purposes shall not constitute a violation unless creating a defined hazard.

E. Vegetation height shall be permitted provided that it does not obstruct pedestrian pathways, ORDINANCE NO. _______

Page 34 ends

encroach upon public rights-of-way, impair required visibility triangles, or create a defined hazard.

Section 22: Subsection 19.436.040.A of the Buena Park Municipal Code, entitled “Residential Driveway Standards,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

A. In case of any conflict between the requirements of this section and any safety requirements pursuant to the Fire Code, the Fire Code requirements shall prevail. For single-family dwellings on RM zoned properties, requirements from Chapter 19.336 shall govern the development.

Section 23: Subsection 19.448.020.E.2 of the Buena Park Municipal Code, entitled “Common Useable Open Space,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

2. Common Usable Open Area. Open area on a lot shall include at least 3200 square feet of common usable open area per unit. For any development where the livable area of dwelling units abut the landscaped front yard, the required common usable open area for that development may be reduced by a maximum 5 percent pursuant to a site plan review process. All other standards for common usable open area shall be in accordance with Section 19.420.0230.

Section 24: Section 19.512.010.A of the Buena Park Municipal Code, entitled “Uses Permitted,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough:
§ 19.512.010. Uses Permitted.

A. Land, buildings, and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.512.010, entitled Uses Permitted. All uses not listed in Table 19.512.010 shall be prohibited in all Commercial and Industrial Zones. The symbols shown in this table have the following meanings:

Symbol Meaning
P Automatically permitted use.

I Incidental use—use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.

C Conditional use—use eligible for consideration under the conditional use procedure (Section 19.128.020) and permitted only if a conditional use permit is approved, subject to the specific conditions of such permit.

Ci Incidental conditional use—use eligible for consideration under the conditional use procedure only if incidental to another primary use of the site, whether such primary use is automatically permitted or permitted by conditional use permit.

Pc Automatically permitted use, except such use is subject to a conditional use permit when located within three hundred thirty feet of a residential zone.

Pc* Automatically permitted use, except such use is subject to a conditional use permit when located within six hundred feet of a residential zone.

IC Incidental or conditional use—automatically permitted as an incidental use, when the primary use is automatically permitted, or eligible for consideration as a primary use under the conditional use procedure.

ORDINANCE NO. _______

Page 35 ends

Table 19.512.010
USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES
Uses
Commercial Zones Industrial Zones

CO CS CG CR CM MR ML MH
Residential Uses
Group Quarters:
• Convent, rectory, dormitory, fraternity or sorority house, etc. Ci Ci Ci Transient Quarters: (See Commercial Uses— Tourist
Services.)
Public Service Uses
Community Day Care:
• Child day care center. C P P C I I I I
• Adult day care center. P P P I I I I
Health Facilities:
• Long-term care (intermediate care or skilled nursing). C C C • Hospital, alcoholic institution. C C C
• Medical or dental laboratory. I P P P P
• Medical or dental clinic. (17) P P P P P P
• Industrial clinic. P P P P
• Pharmacy. P P P P I I I I
• Optician. P P P P
Public Assembly: (See also Recreation.)
• Church. (1) C C C
• Emergency shelter, up to 30 occupants. (19) P P P P
• Emergency shelter, more than 30 occupants. (19) C C C C • Club, lodge, meeting hall, community center (largest
meeting room limited to 150 seats or 1000 sq. ft.) (1)
C P P
• Exhibit hall (no swap meets). C P P C
• Auditorium. (1) C C C
• Theater, indoor. C C C
• Theater, open air. C C
• Theater, drive-in. C
Education:
• Educational institution. C C P
• Library, reading room. P P P
• Museum. C P P P
• Tutoring. C C C C
ORDINANCE NO. _______

Page 36 ends

• Business college, vocational school (no industrial
machinery or equipment), physical training school.

C C C C C C
• Trade school. C C C C
Recreation: (See also Commercial Uses—Commercial
Recreation.)
• Public park, public playground, public recreational area, public landscaped open space, public-owned historical
site or feature.

P P P P P P P
• Recreation area (play area, swimming pool,
racquetball courts, etc.), as an accessory use (public or private use, indoor or outdoor) to a permitted
commercial or industrial use.

C C C C C C C C
• Private recreation facility. C C C
• Community recreation center. P P
• Golf driving range. C
• Indoor screen golf driving range. P P P
• Miniature golf. C
• Miniature golf, indoor only. P P
• Indoor simulated sports activities. P P C
• Theme recreational park. C C
• Tennis courts or club, indoor only. P P C
• With outdoor courts. C C
• Racquetball, handball, pickleball, swimming, gym, athletic club, indoor only.

P P P C
• With outdoor area. C C
Natural Resource Development:
• Exploration and development. C C C C C C C
Utilities and Communications: (13)
• Telephone central office, relay station. C C C C C C C • Flood control channel and facilities, utility corridor. P P P P P P P P • Other public utility facilities or structures, including electrical substations, and cellular telephone facilities.

C C C C C C C C
• Radio, television, microwave transmitters. C C C C C C C C • Aviation navigational aids. C C C C C C C C
Transportation:
• Parking lot. P P P P P P P P
• Parking structure. P P P P P P P P
• Passenger station. C C C C C
Other Public Services and Facilities:
• Non-City-owned public facilities. C C C C C C C C
Commercial Uses
• Any permitted commercial use with drive-in, drivethrough, or walk-up window service. (Special requirements apply. See Section 19.552.070.)
C C C C(14) C C C C
• Any commercial use with adult entertainment. (Special requirements apply. See Section 19.552.090.)
Offices: (2)
ORDINANCE NO. _______

Page 37 ends

• Bank, financial institution. P P P P P P P P
• Business, administrative, professional. P P P P P P I I Studios, etc.:
• Martial arts, dance or drama studio, art or music
conservatory.

P P P P
• Music studio, recording studio. C C C P C C C
• Radio, television studio. P P P C C C
• Art studio, art gallery, interior decorating, costume design, arts and crafts, photography studio.

P P P P P
• Sale of art or publications related to permitted use. I I I I Schools: (See Public Service Uses—Education.)
Personal Services:
• Barber shop, beauty salon. P P P P
• Shoe repair, tailor, dressmaker, laundromat (single
batch machines only), dry cleaning (coin-operated only).

P P P
• Shoe shine kiosk. P P
• Automated banking service kiosk. P P
• Retail dry cleaning. (3) P P P
• Health spa or salon. P P P
• Massage establishment. (20) C C
• Tanning salon. IC IC IC IC
• Body art, tattoo parlor. (24) P P P
• Fortunetelling (see Chapter 5.32 for definition). P P Tourist Services: (See also Public Service Uses—Public
Assembly, and also the Entertainment Corridor Specific Plan document.)
• Travel and ticket agency. P P P P
• Hotel, motel, motor hotel. (12) C
Commercial Recreation: (See also Public Service Use—
Recreation, and also the Entertainment Corridor Specific Plan document.)
• Entertainment (see Chapter 5.24 for definition). C C C • Skating rink. C C P C C
• Skateboard park. C P C C
• Dancehall or other establishment with public dancing. C C • Game machine arcade. (4) C C P
• Batting cages. C C
• Batting cages, indoor only. P P C C
• Axe throwing. C P C
• Billiard parlor, poolroom. C C C
• Bowling alley. C C P
• Virtual reality activities. P P C
• Karaoke. C C
• Go-kart racing, sports complex, indoor only. C C C C C ORDINANCE NO. _______

Page 38 ends

Retail Sales: (See also Food Sales and Service, Vehicle Sales and Rentals, Vehicle-Related Sales with Related Service and Repair, and Other Sales and Service.) (All sales to be indoor only, unless indicated otherwise.)
• Furniture, carpets. P P P P
• Household appliances, electrical appliances, radios,
television sets, computer equipment.

P P P P
• Department store, variety store, dry goods and notions. P P P • Apparel—clothing, millinery, shoes, etc. P P P
• Jewelry, cameras and supplies, luggage, sporting goods, toys.

P P P
• Hobby shop. P P P
• Drugstore. P P P
• Tobacco shop. (21) I P P P
• Pet shop and supplies. P P P
• Key shop kiosk. P P
• Gifts, souvenirs. P P P
• Flower shop. P P P P
• Flower kiosk. P P
• Stationery and office supply P P P P
• Books, newsstand. I P P P
• Video sales, rental. P P P
• Video kiosk. C P
• Outdoor fixed kiosk. (22) P
• Antiques. P P P P
• Thrift retail store shop, secondhand goods, pawnshop. P C P P • Pawnshop. C
• Auction house. C
• Volume discount/warehouse store. C C C C C C
• Hardware, paint. P P P P
• Building materials, plumbing supplies. (Excludes
lumberyards)
Pc Pc Pc Pc Pc
• With outdoor display area. (26) C C C C Pc
• Garden and patio furniture and equipment. P P P P Pc
• With outdoor display area. (26) C C C C Pc
• Plant nursery, with outdoor display.
• With outdoor display area. (26)
Pc
C
Pc
C
Pc
C
Pc
C
Pc
C
• Pottery, ceramics. P P P Pc
• With outdoor display area. (26) C Pc C Pc C Pc Pc
• Deep discount/product liquidation. P P
• With outdoor display area. (26) C Pc C Pc
ORDINANCE NO. _______

Page 39 ends

• Swap meet—Indoor/Outdoor. (18) C
Food Sales and Service:
• Restaurant, with no entertainment, no liquor, no drive-in, no drive-through, no walk-up service window.

P P P P P P P P
• With entertainment. (See Chapter 5.24 for definition.) C C C C C C C C • With on-sale liquor. (5) C C C C C C C C
• With drive-in, drive-through, or walk-up service window. (See also Section 19.552.070.)
C C C C(14) C C C C
• Food hall. C C C C C
• Cocktail lounge, bar. Ci Ci Ci
• Liquor, off-sale. C C Ci
• Supermarket, grocery, fruits and vegetables, dairy
products, meat.

C C C(16)
• Deli. Ci P P P P
• Coffee shop, tea house, juice bar, including with walk-up service window.
• With drive-in, drive-through (See also Section

19.552.070.)
P
C
P
C
P
C
P
C
P
C
• Confectionery, ice cream, bakery (baking for on-premises sales only).

P P P
• Banquet caterer/hall. C C C C
• Catering truck terminal (including commissary and
kitchens).

C C
Vehicle Sales and Rentals: (See also Other Services—
Equipment Rental.)
• Automobile rental agency. C P P
• Vehicle sales, leasing and rental agency (office use only). P • New and used sales/lease of autos, motorcycles, or
trucks not exceeding 3 tons gross vehicle weight
unladen, and trailers up to 2 ton carrying capacity.

Pc Pc
• New and used sales/lease of trucks exceeding 3 tons
gross vehicle weight unladen, and trailers over 2 tons
carrying capacity.

C Pc Pc
Vehicle-Related Sales with Related Service and Repair: (Any installation shall be conducted within a building.)
• Retail sales of auto parts or accessories, not including tires. Pc Pc Pc Pc • Wholesale of auto parts or accessories, not including tires. Pc Pc Pc • Auto window tinting. C C Pc
• Machining or repair of auto parts or accessories, not including tires.

C C C C
• Tires, retail sales and/or installation for vehicles not exceeding 3 tons gross vehicle weight unladen.

C C Ci C
• Tires, retail sales and/or installation for vehicles exceeding 3 tons gross vehicle weight unladen.

C C C
• Tires, wholesale and/or installation. Pc Pc
Other Sales and Service:

ORDINANCE NO. _______

Page 40 ends

• Bicycle and scooter sales, rental, or repair. P P P P • Boat accessories, sales with no installation. P P P P Pc • Boat sales, up to 28 ft. hull length. Pc Pc Pc
• Boat repair and/or service, up to 28 ft. hull length. (All work shall be conducted within a building.) (25)
Ci Ci C C
• Custom furniture upholstery and reupholstery. P P P P • Picture framing and glazing. P P P P
• Watch repair, camera repair, radio, stereo, television, personal computers, other small appliance repair. P P P P P • Locksmith. P P P P P
• Repair of lawnmowers, larger electrical appliances,
precision instruments, nonpneumatic tools (all work to be indoors).

P P
• Repair of pneumatic tools. C C
• Rental of light equipment (up to single unit trucks). C Pc Pc • Rental of heavy equipment (semi-tractors, cranes, etc.). C C C • Small animal grooming (no boarding). P P P P P C
• Small animal hospital. C Pc Pc C
• Veterinary clinic. C C I Pc Pc
• Kennel. C
• Taxidermy. P P
• Mortuary.(23) C
• Mortuary with a crematorium. (23) C
Vehicle Repair, Service: (All work shall be conducted within a building.)
• Light repair and/or service of vehicles not exceeding 3 tons gross vehicle weight unladen.
(Work shall not include engine valves repair or replacement, engine overhaul or replacement, transmission repair or
replacement, radiator repair or replacement, muffler repair or replacement, body and fender work, detailing, painting or upholstery.)
C C Ci(15) C Pc
• Heavy repair and/or service of vehicles not exceeding 3 tons gross vehicle weight unladen.

C C Pc
• Repair and/or service of vehicles exceeding 3 tons
gross vehicle weight unladen or trailers over 2-ton
capacity.

C C C
• Repair and/or service of motorcycles only in conjunction with sales of new and used motorcycles.

C C
Vehicle Service:
• Mechanical carwash. (6) C C C
• Automobile service station. (7) C C C C C
• Quick tune-up/oil change/lube shop. C C C C C C
Printing Services:
• Instant printing, copying, addressographing, P P P P P P P ORDINANCE NO. _______

Page 41 ends

mimeographing, photostating, blueprinting. , and retail photo film and processing.
• Photoengraving, offset printing. Pc Pc Pc
• Printing. Pc Pc Pc
• Photo film drop-off/pick-up kiosk. P P
• Retail photo film and print processing. P P P
• Photo film and print processing plant. Pc Pc Pc
• Custom furniture upholstery and reupholstery. P P P
• Picture framing and glazing. P P P P
• Watch repair, camera repair, radio, stereo, television, personal computers, other small appliance repair.

P P P P
• Locksmith. P P P P
• Repair of lawnmowers, larger electrical appliances,
precision instruments, nonpneumatic tools (all work to be indoors).

Pc Pc
• Repair of pneumatic tools. C C
• Rental of light equipment (up to single unit trucks). C Pc • Rental of heavy equipment (semi-tractors, cranes, etc.). C C C • Small animal grooming (no boarding). P P P P
• Small animal hospital. C Pc Pc
• Veterinary clinic. C C I Pc Pc
• Kennel. C
• Taxidermy. P P
• Mortuary. C
Vehicle Sales and Rentals: (See also Other Services—
Equipment Rental.)
• Automobile rental agency. C P P
• Vehicle sales, leasing and rental agency (office use only). P • Sales/lease of new and used autos, motorcycles, trucks, or trailers (Federal Highway Administration (FHWA) Class
types 1 through 3).

Pc Pc
• Sales/lease of new and used trucks, truck tractors, buses, trailers, and other motor vehicles (Federal Highway
Administration (FHWA) Class types 4 or greater).

C Pc Pc
• Sales/lease and repairs of forklifts (Classes I-V). (Indoor Only) C Pc Pc
Vehicle-Related Sales with Related Service and Repair: (Any installation shall be conducted within a building.)
• Retail sales of auto parts or accessories, not including tires.(No outdoor storage) P P P P
• Wholesale of auto parts or accessories, not including tires.(No outdoor storage) P P P
• Auto window tinting and vehicle wrapping. (Indoor only) P P P P • Machining (no punch presses over 20- tons) or repair of auto parts or accessories, not including tires. C Pc Pc Pc ORDINANCE NO. _______

Page 42 ends

• Tires, retail sales and/or installation for autos, motorcycles, trucks, or trailers (Federal Highway Administration (FHWA) Class types 1 through 3).

Pc Pc Pc Pc Pc
• Tires, retail sales and/or installation for trucks, truck tractors, buses, trailers, and other motor vehicles (Federal Highway Administration (FHWA) Class types 4 or greater).

Pc Pc Pc Pc
• Tires, wholesale. Pc Pc
Vehicle Repair, Service: (All work shall be conducted within a building.) (25)
• Light repair and/or service of vehicles, boats, and
motorcycles. C C
Ci
(15) C Pc Pc
• Heavy repair and/or service of vehicles, boats, and
motorcycles.

C C Pc Pc
• Repair and/or service of trucks, truck tractors, buses, trailers, and other motor vehicles (Federal Highway
Administration (FHWA) Class types 4 or greater).

C C C
• Carwash. (6) C C C
• Automobile service station. (7) C C C C C
Industrial Uses
Research, Development and Testing:
• Research and development institution or laboratory (no manufacturing), testing laboratory.

C C C C Pc Pc
Storage:
• Mini-storage space rental for pPublic self-storage including mini-storage space rental.

Pc Pc Pc
• Outdoor storage space rental for boats and vehicles C C C • Off-site inventory storage for auto dealerships. C C C • Fleet vehicle storage. C C C
• Above-grade fuel tank storage with 500 gallon and greater capacity. (8)
Ci Ci Ci Ci Ci Ci CIi
• Below-grade fuel tanks and abovegrade fuel tanks with less than 500-gallon capacity. (8)

P P P P P P P
• Transit or transportation equipment storage (no truck or railroad freight yard).

Pc Pc
• Freight yard or terminal truck, railroad. C
• Warehouse, distribution center, storage building. Pc Pc Pc • Outdoor storage, other than a contractor's storage facility. (9)
I I I
• Cold storage. Pc Pc Pc
• Frozen food locker. I I Pc Pc Pc
• Ice plant. C Pc
• Lumberyard. C Pc Pc Pc
• Contractor's storage facility, with main building. (9) C C Wholesale:
• Wholesale business. Pc Pc Pc
ORDINANCE NO. _______

Page 43 ends

• Wholesale with retail outlet. (The building area devoted to retail shall not exceed 20% of the gross floor area.)
Pc C P C Pc
Industrial Processes: (All activities shall be conducted within a building.)
• Cabinet shop, machine shop (no punch presses over 20- tons), sheet metal shop, tinsmith, welding shop.

Pc Pc Pc
• Laundry, cleaning and dyeing plant, carpet cleaning and dyeing, textile dyeing.

C C
• Fabrication from finished rubber, plastics. C Pc
• Fabrication from shell, cellophane, cork, fiber, fur, glass, finished leather, gems, textiles, tobacco, wood.

Pc Pc C Pc
• Packaging or assembly of products from previously
manufactured components (no outdoor storage of bulk
materials, final product not over 50 pounds).

Pc Pc Pc
• Manufacturing, compounding, assembly,
packaging, or treatment of merchandise made from
the following previously prepared materials: . (No
outdoor storage of bulk materials). (9)
Permitted materials include canvas, cloth, textiles, yarn, cork, leather, plastics, cellophane, synthetics, precious or semi-precious metal (excluding metal stamping), stone
(excluding grinding, cutting or dressing, granite, etc), wood (excluding prefabrication of building components, cabinet shops, furniture manufacturing, lumberyard, planing mill).

Pc Pc P
• Assembly of electrical appliances, electronic
instruments or devices, precision instruments, radios,
computer components, phonographs, television sets
(may include manufacturing of small parts only).

P P P
• Smelting of precious or semi-precious metal. C C
• Drop forge, foundry. C
• Paint mixing. C C
• Painting, spray booths, powder coating. Pc Pc Pc
• Grinding, cutting or dressing of stone, marble or granite, etc.

C C
• Metal fabricating (no foundry), metal plating, metal finishing. Pc • Metal engraving. Pc Pc
Manufacturing of:
• Acid. C
• Soap (cold mix only). C Pc
• Cosmetic goods, toiletries, or drugs. Pc Pc Pc
• Ceramics. C C C
• Ceramic products using only previously pulverized clay and fired in kilns using only electricity or gas.

C C Pc
• Aircraft (no foundry). Pc
• Boats, less than 28 ft. hull length. C C C
• Hull length greater than 28 ft. C C
ORDINANCE NO. _______

Page 44 ends

• Furniture, garden patio furniture and equipment. (No
outdoor storage.)
C Pc Pc
• Garments, gloves, shoes. Pc Pc
• Signs. Pc Pc
• Electrical appliances, instrumental or equipment. Pc Pc • Jewelry, watches. P P P
Food Manufacturing or Processing:
• Manufacturing, processing, canning or packing of meat, fish, dog or cat food, lard, pickles, sauerkraut, vinegar, coffee, dressing, or poultry.

C
• Winery. C C
• Brewery., distillery.
•With tasting room.

Ci Ci
C
Pc
C
Pc
C
• Processing, canning or packing fruits or vegetables. C Pc Pc • Bakery. Pc Pc Pc
• Candy or nut packing (no roasting). Pc Pc Pc
• Candy manufacturing, nut processing. C C
• Dairy products manufacturing. C Pc
• Bottling. Pc Pc
Temporary Uses
• Temporary uses, as provided in Title 19, Division 10. T T T T T T T T • On-site construction facilities. (10) P P P P P P P P • On-site real estate sales office. (11) P P P P P P P P Notes:
1 Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et seq., and only when fire and safety regulations are met and parking facilities are fully conforming to the requirements for public assembly use.
2 In an integrated center within the CS zone, a conditional use permit is required to establish an administrative or professional business office use in excess of 5,000 square feet gross floor area or to establish any office use which will cause the center's gross floor area devoted to offices to exceed 20 percent. 3 Special limitations apply for retail dry cleaning. See Section 19.552.020. 4 Special requirements apply for game machine arcades. See Section 19.552.040. 5 Special requirements apply for restaurants with on-sale liquor. See Section 19.552.030. 6 Special requirements apply for carwashes. See Section 19.552.060. 7 Special requirements apply for automobile service stations. See Section 19.552.050. 8 Above-grade fuel tanks subject to applicable setbacks and screening from public view. 9 Special requirements apply for outdoor storage. See Section 19.524.020. 10 Offices, storage, activities, and facilities directly pertaining to construction on the same site provided construction is not suspended for a permitted use for more than 30 consecutive days. 11 Temporary real estate sales office, only for sales or leasing of new subdivision and for not more than 1 year. 12 Special requirements apply for hotels, motels, and motor hotels. See Sections 19.104.080 and 19.552.110.

ORDINANCE NO. _______

Page 45 ends

13 See Division 12 of Zoning Ordinance.
14 In the CR zone, drive-in and drive-through service for any commercial use may be considered only within the Master Plan Area North, pursuant to the provisions and requirements of Chapter 19.556. Within the Master Plan Area South, a walk-up window for a commercial use may be considered only within an approved Entertainment Promenade pursuant to the provisions and requirements of Chapter 19.556.
15 In the CR zone, use may be considered only within the Master Plan Area South. See Chapter 19.556. 16 In the CR zone, use may be considered only within the Master Plan Area North. See Chapter 19.556. 17 In the CR zone, use may be permitted within multi-tenant buildings only. 18 Special requirements apply for indoor/outdoor swap meets. See Section 19.552.111. 19 Special requirements apply for emergency shelters. See Section 19.552.112.

20. Special requirements apply to massage establishments. See Section 19.552.130.

21. Special requirements apply to tobacco shop use See Section 5.60 of the BPMC.

22. Subject to the Interdepartmental Review process detailed under Section 19.28.100.

23. Special requirements apply to mortuary with a crematorium. See Section 19.552.140.

24. Special requirements apply to body art, tattoo shops. See Section 19.552.150.

25. Special requirements apply to automobile and boat service and repair. See Section 19.552.160.

26. Special requirements apply for outdoor display. See Section 19.524.030.

Section 25: Section 19.524.030 of the Buena Park Municipal Code, entitled “Outdoor Display,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):
§ 19.524.030. Outdoor Display.

A. Outdoor display of materials, equipment, or other items shall be permitted only where indicated under Section 19.512.010 for permitted uses, subject to all other limitations of this Division or other law.

B. Outdoor display shall not be located in any required parking area, loading area, accessway, or any area required to be landscaped. Where site plans are approved pursuant to any provision of this Division, any permanent outdoor display area shall be shown thereon and subject to such approval. comply with the following standards:

1. Outdoor display shall be located on the same parcel as the principal business and shall not be located within the public right-of-way.

2. Outdoor display shall consist only of merchandise regularly offered for sale by the business, shall be readily accessible to the public, and shall not be used for the storage of inventory, equipment, materials, waste, or other items not intended for immediate retail sale.

3. Outdoor display shall not be located within any required parking space, accessible parking space or access aisle, loading area, fire lane, emergency access route, pedestrian walkway, drive aisle, sight visibility triangle, or any area required to be landscaped.

4. Merchandise displayed outdoors shall be maintained in a neat, orderly, and safe condition and shall not create tripping hazards, accumulate litter or debris, or otherwise constitute a public nuisance.

ORDINANCE NO. _______

Page 46 ends

5. Outdoor display shall comply with all applicable provisions of this Title and all applicable building, fire, health, and accessibility regulations.

6. Where site plans are approved pursuant to any provision of this Division, any permanent outdoor display area shall be shown thereon and subject to such approval.

C. Temporary Displays. Notwithstanding the provisions of subsections A and B of this section, temporary outdoor displays are permitted when authorized for a temporary use permit under Division 10 of this Title. Such temporary displays may be located upon required parking areas, walkways and landscaped areas only to the extent permitted by the terms of the authorizing permit.

Section 26: Table 19.536.040 of the Buena Park Municipal Code, entitled “Parking Spaces Required,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):
• Vehicle repair, service 2 spaces, plus 1 spaces for every service bay, with a minimum of 5 spaces. Service bays do not count as parking spaces.

Industrial Uses:
• Industry, wholesale,
warehouse, distribution, and
similar uses permitted in
industrial zones.

For each building, sum of spaces computed as follows:

Number of Spaces Per One
Thousand Square Feet Gross
Floor Area
Computed on Gross Floor Area
Increment of (in square feet)
3 First 10,000
2 Next 40,000
1 Next 50,000

0.5 Above 100,000
Warehouse, distribution 1 space per 1,000 square feet of gross floor area Wholesale 2 spaces per 1,000 square feet of gross floor area Manufacturing, including
research and development 1.5 spaces per 1,000 square feet of gross floor area 2 spaces minimum per use. Up to 20 percent of gross floor area per tenant may be in related office use without applying different parking requirement for offices.

Section 27: Section 19.552.060 of the Buena Park Municipal Code, entitled “Carwashes,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):
§ 19.552.060. Carwashes.

ORDINANCE NO. _______

Page 47 ends

A. Findings and Purposes.

1. It is found that mechanical carwashes create special problems of traffic friction, congestion, hazard, noise, and appearance, and that such stations differ significantly from other uses permitted in commercial zones, thus requiring special controls on location, siting, and development in order to achieve compatibility with surrounding uses.

2. The purpose of this section is to minimize the adverse effects of carwashes and promote compatibility with surrounding activities.

B. Permitted Uses. To the extent not further restricted by the terms of a conditional use permit, the primary activity at a mechanical carwash shall be the washing of motor vehicles, including cleaning, vacuuming, drying, waxing, and polishing. Incidental activities may include those activities permitted at automobile service stations by subsection B of Section 19.552.050.

C. Location. A mechanical carwash shall be located so as not to be a hazard or nuisance to nearby uses, to not create traffic congestion or hazards, and to avoid conflict with pedestrian-oriented uses.

D. Site Requirements.

1. The minimum lot area for a mechanical carwash shall be twenty thousand square feet.

2. The site of a mechanical carwash shall have a street frontage of least one hundred fifty feet; except, for a self-service carwash, street frontage shall be at least one hundred feet.

E. Development Standards.

1. The architectural design of a mechanical carwash shall be compatible with surrounding uses and the character of the area.

2. All washing and all automated operations shall be within a building. The vehicular entrances and exits of such buildings shall not face a street, except provided for in Section 19.536.090.

3. All activities of the types permitted at automobile service stations shall comply with the requirements for such stations as provided in Section 19.552.050.

4. Restrooms. At mechanical carwashes, other than self-service carwashes, public restrooms shall be provided, marked with identification signs, and their entrances either screened from direct view or located inside a building.

5. Driveways. Driveways at the point of crossing a street property line shall be located not less than one hundred ten feet from the point of intersection of the ultimate right-of-way lines at the nearest street intersection.

6. Outdoor Storage and Display.
a. There shall be no outdoor storage for longer than twenty-four hours of any vehicle awaiting service.
b. There shall be no outdoor storage or display of merchandise or equipment. c. There shall be no temporary structures utilized in conjunction with the primary activity of the property.

ORDINANCE NO. _______

Page 48 ends

7. Landscaping. At least ten percent of the total site area shall be landscaped. Landscaping shall be located primarily along site boundaries, including street frontages, and include trees.

Submission and approval of a landscaping plan shall be a condition of the conditional use permit.

Table 19.552.060

REQUIRED PARKING AND WAITING SPACES FOR MECHANICAL CARWASHES Parking
Waiting Ahead of
Each Wash Line
Waiting After Each
Wash Line
Full-Service 10 30 10
Drive-through 5 3 2
Self-Service 0 1 1

8. Parking. The minimum number of parking and waiting spaces to be provided shall be as shown in Table 19.552.060.

9. Submission and approval of a plan for the pattern of access and circulation shall be a condition of the conditional use permit.

F. Environmental Effects. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness, and shall comply with the requirements of Title 8.

G. Abandonment. Whenever a mechanical carwash has not been in use for more than one hundred eighty days, the use shall be considered to have been abandoned. Within six months after abandonment, all structures and facilities on the site above and below ground shall be removed and the surface of the site restored and neatly graded, unless a conditional use permit is approved for reuse of the site. Such conditional use permit shall require such site improvements and modifications of existing facilities as are deemed appropriate for the new use.

Section 28: Section 19.552.111 of the Buena Park Municipal Code, entitled “Indoor Swap Meets,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):
§ 19.552.111. Indoor/Outdoor Swap Meets.

A. Findings and Purposes.

1. It is found that indoor swap meets create special problems of traffic friction, congestion, and parking, and that such establishments differ significantly from other uses permitted in commercial centers, thus requiring special controls on parking, building size, and operation in order to achieve compatibility with surrounding uses.

2. The purpose of this section is to minimize the adverse effects of indoor/outdoor swap meets and promote compatibility with surrounding uses and activities.

B. Development Standards for Indoor Swap Meets.

B. 1. Minimum Building Size. Minimum building gross floor area for an indoor swap meet shall be 60,000 square feet.

ORDINANCE NO. _______

Page 49 ends

C. 2. Parking. Parking shall comply with standards for indoor swap meets in Table 19.536.040.

D. 3. Signs. Individual vendors shall not display any outdoor signs, including temporary signs.

E. 4. Limitations. The following requirements shall apply to indoor swap meets:

1. a. The minimum floor area for each vendor shall be 200 square feet.

2. b. All display of merchandise, and all sales, purchases, and trade transactions shall occur within the building.

3. c. All vendors shall use a centralized loading/unloading area serving the entire building, which is completely screened from public view.

4. d. All vendors must have a current City business license.

C. Development Standards for Outdoor Swap Meets.

1. Minimum Site Area. Minimum site area for an outdoor swap meet shall be 40,000 square feet.

2. Parking. Parking shall comply with standards for outdoor swap meets in Table 19.536.040.

3. Signs. Individual vendors shall not display any permanent or temporary signs, banners, flags, inflatable devices, or other advertising devices outside of their assigned vendor space.

4. Limitations. The following requirements shall apply to outdoor swap meets:
a. The minimum floor area for each vendor shall be 200 square feet. All vendor spaces shall be located within designated areas shown on an approved site plan. b. All vendor spaces shall be located within permanent structures approved by the City.

Temporary or portable structures, including tents, canopies, tarps, and similar temporary coverings, shall not be permitted.
c. All merchandise shall be displayed only within the boundaries of the assigned vendor space and shall not obstruct required pedestrian walkways, fire lanes, drive aisles, parking areas, or accessible routes.
d. No merchandise, equipment, displays, or vendor structures shall remain on the site outside approved operating hours.
e. The operator shall provide designated waste and recycling collection facilities and shall maintain the premises in a clean and orderly condition during and after operating hours. f. Loading and unloading activities shall occur only within designated loading areas and shall not obstruct on-site circulation or public rights-of-way. g. Permanent restroom facilities shall be provided for vendors and patrons. Restroom facilities shall be available during all hours of operation and shall comply with all applicable requirements of the California Building Code and applicable health regulations. h. All vendors must have a current City business license.

ORDINANCE NO. _______

Page 50 ends

F. D. Environmental Effects. The site of any indoor/outdoor swap meet shall be maintained in a neat and clean condition at all times. Litter on the site and any litter scattered to nearby property, streets, and walkways shall be removed at least daily. All regulations of this Code pertaining to the provision and maintenance of trash receptacles and regular solid waste collection shall apply.

Section 29: Section 19.552.140 of the Buena Park Municipal Code, entitled “Mortuary, crematorium,” is hereby added as follows (new text reflected in underline and deleted text in strikethrough):
§ 19.552.140 Mortuary, crematorium.

A. Purpose. The purpose of this section is to establish operational and development standards for mortuaries and crematorium services facilities to ensure compatibility with surrounding land uses, provide adequate on-site parking and circulation, and minimize potential impacts associated with cremation operations.

B. Requirements.

1. Mortuaries and funeral homes.
a. Parking for viewing, funeral, memorial, ceremonial, and other public assembly activities shall be provided in accordance with the parking requirements for a mortuary under Public Assembly uses in Table 19.536.040.
b. Every mortuary or funeral home shall provide a minimum of one (1) on-site loading space.

The required loading space shall not be visible from public view.

2. Crematoriums.
a. A crematorium may operate as an accessory use to a mortuary or funeral home, where such use is permitted by Table 19.512.010.
b. Sensitive Uses - Any cremation facility shall be located a minimum distance of six hundred (600) feet from any zone that allows for residential, public park, public or private school (kindergarten to high school), or public library uses. The distance in this section shall be measured by a straight line from the nearest point of the property line of the crematorium facility to the nearest point of the property line of the sensitive use.

Section 30: Section 19.552.150 of the Buena Park Municipal Code, entitled “Body Art, Tattoo Parlors,” is hereby added as follows (new text reflected in underline and deleted text in strikethrough):
§ 19.552.150 Body Art, Tattoo Parlors.

A. Purpose. The purpose of this section is to establish operational standards for Body Art, Tattoo Parlors to ensure compatibility with surrounding land uses and to require compliance with applicable state and county regulations governing body art facilities and practitioners.

ORDINANCE NO. _______

Page 51 ends

B. Requirements.

1. The operation of a Body Art, Tattoo Parlor shall comply with the California Safe Body Art Act (California Health and Safety Code, Division 104, Part 15, Sections 119300 through 119328, as amended), and all applicable state and local regulations governing body art facilities and practitioners.

2. Body Art, Tattoo Parlor and all body art practitioners shall obtain and maintain all permits, registrations, and approvals required by the Orange County Health Department, the California Health and Safety Code, as amended, and any other applicable regulatory agency as a condition of continued operation.

3. Body Art services shall be conducted entirely within an enclosed building. No body art procedures or related activities shall be conducted outdoors or within areas visible from the public right-of-way.

Section 31: Section 19.552.160 of the Buena Park Municipal Code, entitled “Automobile and Boat Service and Repair,” is hereby added as follows (new text reflected in underline and deleted text in strikethrough):
§ 19.552.160 Automobile and Boat Service and Repair.

A. Findings and Purposes.

1. It is found that automobile and boat service and repair facilities create special problems of traffic friction, congestion, and hazard, especially at street intersections, and that such stations differ significantly from other uses permitted in commercial zones, thus requiring special controls on location, siting, and development.

2. The purpose of this section is to minimize the adverse effects of automobile and boat service and repair facilities while enabling the provision of reasonably convenient automobile service and promoting compatibility with surrounding activities.

B. Development Standards.

1. All activities shall be conducted entirely within an enclosed building.

2. Service bays shall be located and designed pursuant to the requirements of Section 19.536.090.

3. Vehicle, boat, trailer, or equipment awaiting service or repair may be stored outdoors within parking or designated areas for no more than twenty-four (24) hours. Outdoor storage of inoperable, dismantled, wrecked, or abandoned vehicles, boats, trailers, and equipment is prohibited.

4. Vehicle lifts, hydraulic equipment, compressors, and other mechanical equipment shall be located within a permanent structure and operate in compliance with Chapter 8.28.

ORDINANCE NO. _______

Page 52 ends

Section 32: Division 7 of the Buena Park Municipal Code, entitled “Mixed-Use Zones,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

Division 7
Mixed-Use and Special
Zones
CHAPTER 19.702
Purpose and Description of Special Zone
§ 19.702.010. Purpose and General Plan Consistency.

The General Plan outlines goals and objectives, with regard to special historic and cultural land uses and development. The purpose of this Division is to implement those General Plan goals and objectives that relate to these special land uses as follow:

A. Maintain or improve, when possible, the economic viability of commercial development within the City.

B. Encourage the preservation of historic and cultural sites and resources within Buena Park.

C. Provide appropriate facilities to serve residents and visitors. § 19.702.020. Description of Zone.

AR, Amusement Resort Zone. To provide for the continued development and preservation of a major tourist-recreational attraction in a park-like setting and which is unique and distinctive from the usual type of business enterprise. The purpose of creating an AR District is to protect valuable property rights which have been created as a result of such business establishments. No land shall be zoned in an AR District unless it has been demonstrated that there are exceptional or extraordinary circumstances or conditions applicable to the property involved that would require an AR District zoning, and that unless land is placed in an AR District, the owner or owners of such land would be deprived of existing material property rights.

CHAPTER 19.710
Special Zone Uses
§ 19.710.010. Uses Permitted.

Notwithstanding any other provisions of this Title:

A. All uses that are permitted in the zoning ordinance shall be permitted by right in the AR Zone, with the exception of the following uses:

1. Adult entertainment businesses,

2. Freight yard or terminal,

3. Winery, or brewery.

B. No conditional use permit shall be required for any use in the AR Zone.

ORDINANCE NO. _______

Page 53 ends

CHAPTER 19.712
Uses
§ 19.712.010. Uses Permitted.

A. Land, buildings, and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.712.010, entitled Uses Permitted All uses not listed in Table 19.712.010 shall be prohibited in all Mixed-Use and Special Zones. The symbols shown in this table have the following meanings:

CHAPTER 19.714
Development Standards and Other Regulations for Special Zone § 19.714.010. Development Standards and Other Regulations.

Notwithstanding any other provisions of this Title, all uses, structures, and activities permitted in the AR Zone by Section 19.710.010 shall not be subject to any other regulations or restrictions set forth in this Division, except as follows:

A. Lot Area and Site Requirements. No requirements.

B. Building, Structural Height, and Development Standards. No requirements.

C. Signs. No requirements.

D. Street Dedication and Improvement. No building permit shall be issued until the following requirements are met:

1. All streets, alleys, and other public rights-of-way shown on plans approved by the City Council and which abut the subject property shall be dedicated to the planned right-of-way line or a deed of dedication deposited in escrow with an escrow agent acceptable to the City Attorney, the delivery of which is conditioned upon the required permit being granted.

2. All improvements of streets, alleys, and other public rights-of-way which abut the subject property and are required in order to conform to improvement standards approved by the City Council shall be installed, or a performance bond, in a reasonable amount to be determined by the City Engineer, with sureties to be approved by the City Attorney, shall be filed with the City Clerk, or cash in a like amount shall be deposited with the Finance Director to be placed in a trust fund.

E. Times and Uses. No requirements.

F. Building Permits. There shall be compliance with the building law regulations as set forth in this code and the requirements of the California Environmental Quality Act.

Section 33: Section 19.904.020 of the Buena Park Municipal Code, entitled “Definitions,” is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

Sign, wall. "Wall sign" means a sign mounted flat against the wall or fascia of a building or against the lower portion of a mansard-type roof. Sign, window. "Window sign" means a sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the building through the window.

ORDINANCE NO. _______

Page 54 ends

Section 34: 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 35: This Ordinance shall take effect thirty (30) days after its adoption Section 36: 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 _______________ 2026, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Vicuña, 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 _________________ 2026. ______________________________________
City Clerk
RESOLUTION N0. 6415
TEXT AMENDMENT NO. C-26-2

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BUENA PARK, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE AMENDING TITLE 19 0F THE
BUENA PARK MUNICIPAL CODE, SPECIFICALLY DMSIONS 1
(ADMINISTRATION), 3 (SINGLE-FAMILY RESIDENTIAL ZONES), 4 (MULTI-FAMILY RESIDENTIAL ZONES), 5 (COMMERCIAL AND
INDUSTRIAL ZONES), 7 (MIXED-USE ZONES), AND 9 (SIGN

REGULATIONS) OF THE BUENA PARK MUNICIPAL CODE
A. Recitals.
(i) WHEREAS, 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"; and (ii) WHEREAS, consistent with such authority, the City enacted the Buena Park Municipal Code ("BPMC") and Buena Park Zoning Code (Title 19 of the BPMC, hereinafter "BPZC") to, among other things, regulate the location and nature of land uses in the City; and
(iii) WHEREAS, on October 10, 2025, Governor Gavin Newsom signed Senate Bills ("SB") 9, 543, and Assembly Bill ("AB") 1154 (the "Bills") into law, amending Government Code sections 66311 through 66339.5, and thereby enacting new Statewide requirements for Accessory Dwelling Units ("ADU") and Junior Accessory Dwelling Units ("JADU"); and
(iv) WHEREAS, the Planning Commission reviewed and considered all elements of said Text Amendment No. C-26-2 and the information contained therein and all legal prerequisites to the adoption oT the Planning Commission Resolution occurred; and (v) WHEREAS, the Planning Commission has heretofore conducted a duly noticed public hearing on August 12, 2026, as required by law, to consider Text Amendment No. C-26-2 to amend various Divisions within Title 19 of the Municipal Code, and approved a Resolution recommending that the City Council adopt an Ordinance (Exhibit A) amending the aforementioned Divisions of the Municipal Code.

B. Resolution.

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

1. ThePlanningCommissionherebyspecificallyfindsthatallthefactssetforth in the Recitals, Part A, of this Resolution are true and correct.

2. Based on substantial evidence presented to the Planning Commission Resolution No. 6415 C-26-2
August 12, 2026

Page 2 ends

during the above-referenced hearing, including written staff reports, verbal testimony, draft resolution, and draft ordinance, the Planning Commission hereby specifically finds as follows:
a. Finding: Explanation of the relationship to the General Plan and any applicable Specific Plans. (See California Government Code Section 65855).

Fact: The proposed Zoning Code Text Amendment is consistent with the General Plan Land Use and Community Design Element, Goal LU-1, Policy LU-1. 1, in that it will establish land use policies that encourage a balance of jobs and housing in Buena Park. The text amendment is also consistent with Policy LU-1.2 in that it will ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region. Lastly, in accordance with Goal LU-3, Policy LU-3.1, the proposed text amendment will ensure that development activities acknowledge the protection and enhancement of quality of life in the City's neighborhoods.
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: In accordance with the General Plan Land Use and Community Design Element, Goal LU-5, Policy LU-5.1, the proposed text amendment will ensure Buena Park is in compliance with applicable state and regional housing mandates. The text amendment is also consistent with Policy LU1.2 in that it will ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region.

3. The Planning Commission hereby recommends that the City Council of the City of Buena Park finds that facts supporting the above-specified findings, attachments, and information provided to this Planning Commission during the public hearing conducted on August 12, 2026 with respect to this Zoning Code Text Amendment.

4. The Planning Commission hereby recommends that the City Council of the City of Buena Park find and determine that the proposed Zoning Code Text Amendment No.

C-26-2 is exempt from the California Environmental Quality Act (CEQA) of 1970, as amended and the Guidelines promulgated, thereunder, Section 15061(b)(3), which provides that a project is exempt as CEQA only applies to projects which have the potential for causing a significant effect on the environment and does not apply where it can be seen with certainty that there is no possibility of a significant effect. The proposed text amendment will allow for the establishment and operation of certain uses within commercial and industrial zoned properties subject to specified operational standards to ensure there are no impacts on the environment. The added or amended uses are substantially similar to other permitted uses contained within the Zoning Code. Additionally, under Public Resources Resolution No. 6415 C-26-2
August 12, 2026

Page 3 ends

Code Section 21080.17, CEQA does not apply to adoption of an ordinance by a city or county to implement the provisions of Sections 66314 and 66333 of the Government Code (State ADU Law). The proposed Zoning Code Text Amendment implements the updates to California Government Code Section 66314 and 66333 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, 2026.

5. The Planning Commission hereby recommends that the City Council of the City of Buena Park adopt the attached Ordinance approving Zoning Text Amendment No.

C-26-2.

6. The Secretary of this Commission shall:
(a) Certify to the adoption of this Resolution.
(b) Transmit a copy of this Resolution to the City Couricil of the City of Buena Park together with all documents prepared with respect to these proceedings, including the attached Ordinance (Exhibit A), approving Zoning Code Text Amendment No. C-26-2. This Resolution shall go into effect immediately cipon its adoption.

PASSED AND ADOPTED this l2'h day of August 2026, by the following called vote:

AYES: 5 COMMISSIONERS: Davis, Diep, Carver, Patirio, and Judeh NOES: o COMMISSIONER:

ABSENT: o COMMISSIONER:

ABSTAINED: g COMMISSIONER:

Mirvette Judeh
Chair
ATTEST:

Hara L na
Planning Manager

EXHIBIT A

ORDINANCE NO,

AN ORDINANCE OF THE CITY OF BUENA PARK,

CALIFORNIA, APPROVING AN ORDINANCE AMENDING
TITLE 19 0F THE BuENA PARK MuNfCiPAL CODE,
SPECIFICALLY DIVISIONS 1 (ADMINISTRATION), 3
(SINGLE-FAMILY RESIDENTIAL ZONES), 4 (MULTIFAMILY RESIDENTIAL ZONES), 5 (COMMERCIAL AND INDUSTRIAL ZONES), 7 (MIXED-USE ZONES), AND 9
(SIGN REGULATIONS)
A. .
(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 enforoe 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"; and
(ii) Consistent with such authority, the City enaded the Buena Park Municipal Code ("BPMC') and Buena Park Zoning Code (Title 19 of the BPMC, hereinafter 'BPZC") to, among other things, regulate the location and nature of land uses in the City; and (iii) On Odober "10, 2025, Governor Gavin Newsom signed Senate Bills ("SB") 9, 543, and Assembly Bill ("AB') 1154 (the 'Bills") into law, amending Government Code sedions 6631'l through 66339.5, and thereby enacting new Statewide requirements for Accessory Dwelling lJnits ("ADU') and Junior Accessory Dwelling Units ('JADLJ'); and
(iv) The Planning Commission reviewed and considered all elements of said Text Amendment No. C-26-2 and the information contained therein and all legal prerequisites to the adoption ofthe P(anning Commission Resolution occurred; and (v) The Planning Commission conducted a public hearing on August 12, 2026, to consider Text Amendment No. C-26-2 to amend various Divisions within Title 19 of the Municipal Code and approved a Resolution (5-0) recommending that the City Council adopt an Ordinance amending the aforementioned Divisions of the Municipal Code; and
(vi) The City Council has reviewed and considered all components of the requested Text Amendment No. C-26-2 including compliance with the California Environmental Quality Ad (CEQA) and determines that the proposed Text Amendment is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines (Common Sense Exemption), which applies where it can be seen with certainty that the proposed adion has no potential to cause a significant effect on the environment.

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 Sedions 66314 and 66333 of the Government Code (State ADLJ Law); and
ORDINANCE NO.

Page 2 ends

B. Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES ORDAIN AS FOLLOWS:

Section 1 : The facts set forth in the Recitals, Part A, of this Ordinance are true and correct.

Section 2: Subsection 19.104.040.C of the Buena Park Municipal Code, entitled "Industrial Zones," is hereby amended to include as follows (new text reflected in and deleted text in strikethrough:

1. CM, Commercial Manufacturing Zone.
areas than available in the central area
services not appropriate for location in the
To provide for commercial activities requiring larger site of the City, and for commercial and limited industrial
central commercial areas.

MR, Research Manufacturing Zone. To provide for administrative or cxccutivc offices of bu:inccs and industrial concerns, scientific rcscarch offict,s and laboratorit,s, rcstrictcd manuTacturing activitic-s, and compatible appurtcnant uses, all in a highly attractivc and pollution free environment.

L 2, ML, Light Industrial Zone.-To provide for small and medium size industrial uses which are not likely to have adverse effects upon each other or upon neighboring residential and commercial areas.
4 Q MH, Heavy Industrial Zone. To provide for manufacturing and distribution plants which require relatively large sites, to protect such uses from the disruptive effects of unrelated commercial or other activity in their midst, and to protect the surrounding community from adverse environmental effects of industrial activity.

Section 3: Section 19.104.080 of the Buena Park Municipal Code, entitled "Definitions," is hereby amended to include as follows (new text reflected in and deleted text in strikethrough):

Boarding/Rooming House. "Boarding/Rooming House" a residence or dwelling, other than a hotel, wherein three or more rooms, are rented to individuals under three or more separate rental agreements, leases or subleases or combination thereof, either written or oral, whether or not an owner, agent or rental manager resides within the residence or dwelling unit. A Boarding/Rooming House does not include any state-licensed facility serving six or fewer persons or a Group Home as that term is defined in Chapter 5.70.020 of the BPMC.

Body art, tattoo parlor. "Body art, tattoo parlor" means a commercial establishment where one or more ctitione rform a includi i ierci brandi or the a li tion of permanent cosmetics, as defined in California Health and Safety Code Section 119301, as amended.

This use includes tattoo studios, body piercing studios, permanent cosmetic establishments, and similar businesses regulated under the California Health and Safety Code.

ORDINANCE NO.

Page 3 ends

Convenience store/mini-market. "Convenience store or mini-market" means a market or grocery store having an enclosed gross floor area of less than ten thousand(lO,000) square feet, and engaged primarily in the sale of a limited range of food and beverage items, and secondarily in a limited range of household items and magazines. Food items may be cooked or heated, but not consumed, on the Contractor's storage facility. "Contractor's storage facility" means any premist,s used by a contractor, as defined, for the purpose of storing, maintaining, scrvicing, distributing, or dispatching supplit,s, materials, vehicles, equipment, tools, scaffo!ding, or similar items required by or associated with a contractor's business. that serves as the principal place of business of a contractor, as defined, where the contractor conducts its primary business operations and stores, maintains, services, distributes, or dispatches supplies, materials, vehicles, equipment, tools, scaffolding, or similar items required by or associated with the contractor's business.

Dormancy "Dormancy" means a seasonal period during which a plant reduces visible growth, including browning or dieback. as a natural adaptation to climatic conditions.

Ecological Landscaping. "Ecological Landscaping" means an intentional design and maintenance using native, drought-tolerant, climate-adapted, pollinator-supporting, edible, or regenerative practices that reduce water use and support biodiversity.

Food hall. "Food hall" means a commercial use consisting of three or more permanent food service establishments or lease areas operating from permanent structures or facilities on a single site and designed to function as a unified development through shared dining areas, seating, pedestrian circulation, or other common amenities. The use may be located within an enclosed building, partially outdoors, or entirely outdoors. Ancillary uses may include limited retail sales and incidental live entertainment.

Hazard "Hazard" means a condition that creates a fire hazard as determined by applicable authority:
obstructs access: impairs required visibility: causes irrigation runoff into the public right-of-way: includes unstable trees/plant material posing immediate risk: or creates documented pest harborage posing health or safety risk.

Invasive Species "lnvasive Species" means a species designated as noxious weeds by CDFA (statute and regulation) or identified by Cal-IPC as invasive.

The use of artificial turf may be considered for single-family home use as an alternative to grass and ground cover, provided that a minimum 4 2Q% of the front yard area is accented with living plant material such as natural shrubs, trees, vines, or similar vegetation and approved via the Artificial Turf ORDINANCE NO.

Page 4 ends

Permit process. Driveways, parking areas, loading or storage areas and bare earth, devoid of living vegetation or accessory decorative elements shall not be considered landscaping.

Mortuary, crematorium. "Mortuary, crematorium" means any establishment primarily engaged in the care, preparation, cremation, or other disposition of human remains. This use does not include cemeteries. mausoleums, columbaria, or other interment Facilities. The following are funeral and cremation service use types:

A. Mortuary. Undertaking or mortuary services such as preparing the dead for interring or burials, and arranging and managing funerals. memorials, viewings or other types of remembrance ceremonies.

Beyond humans, remains of family pets could be included. Typical uses include mortuaries or funeral homes:

B. Crematorium. Crematory services traditionally involving the purification and reduction of the human body by fire. Typical uses include crematories or crematoriums. Reduction of human body remains by chemical or other means can also be considered cremations.

Parking. Covered. "Covered Parking" means parking spaces located under a permanent solid roof structure supported by columns, walls, or other structural elements. This includes, but is not limited to, carports and garages.

Thrift retail store. "Thrift retail store" means a retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, including furniture, fixtures, and small household appliances, and the collection of those goods for resale. "Thrift retail store" does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.

Vehicle repair, heavy. "Vehicle repair, heavy" means engine or transmission rebuilding or replacement, major drivetrain or suspension repairs, body or frame repair, collision repair, painting, welding, dismantling, or any repairs for vehicles and boats not listed under "Vehicle repairs, light." Any light repair activities may be performed in conjunction with heavy repair.

Vehicle repair, light. "Vehicle repair, light" means the inspection, maintenance, and minor repair of motor vehicles and boats that is typically completed on the same business day and does not involve major mechanical, structural, or body work. Light repair includes services such as oil and fluid changes, lubrication, filter replacement, tune-ups, battery replacement, brake pad and rotor replacement, tire and wheel installation or balancing, alignment, windshield wiper replacement, and similar minor maintenance services. This excludes any repair to commercial vehicles or trailers (Federal Highway Administration (FHWA) Class types 4 or greater).

ORDINANCE NO.

Page 5 ends

Section 4: Subsection 19.128.100.B.1.c of the Buena Park Municipal Code, entitled "Authority," is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough:

C. Minor revisions to existing parking facilities, provided that the total number of parking spaces is not reduced. Minor revisions include, but are not limited to, relocation and reconfiguration of parking spaces and landscaped arcas, rcstriping, and placement or rcquircd trash cnclosun:'s.

Section 5: Section 19.312.010.A of the Buena Park Municipal Code, entitled "Uses Permitted," is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough:
§ 19.312.010. Uses Permitted.

Uses
Residential Uses
Single-Family Dwellings:

Site-Built. P P P P c
Manufactured Homes. P P P P
Single-Family Cluster. c c
Multi-Family Dwellings:

Cottage Cluster. P P
Employee Housing (6 or
fewer).

P P P P
Transitional/ Supportive
Housing.

P P P P
Refers to manufactured homes, factory-built homes,
modular homes, and panelized homes.

C See Section 19.348.020.
1 00% affordability requirement applies. See Section

19.348.110.

P Employee housing as defined by the Health and
Safety Code Section 17008. Employee housing shall
be subject to the provisions of the Health and Safety
Code Sections 17021.5 and 17021.6.

C Transitional housing facilities providing
accommodations For six (6) or fewer individuals are
allowed in RS zones, unless otherwise indicated by
State Law. Refer to Government Code Section
65651 .

ORDINANCE NO.

Page 6 ends

Two-Unit Development. P
Crimmunity Residential Care:

E
care facili . (inclt.ides
F ili
Residential Accessory Uses:

Non-Habitable Accessory
Structure.

Accessory Dwelling Units.

Junior Accessory Dwelling
Units.

Guesthouse.

Home Occupation.

Short-Term Rental.

Animal Keeping.

Swimming Pool, Therapeutic
Pool, Recreational Structure,
Spa.

Clubhouse, Meeting Room,
Game Room, Gymnasium,
Sauna, Health Center (Private
Use Only).

Firepits and Fixed
Freestanding Barbecues.

Game Courts (tennis,
pickleball, basketball).

Parking, within Garage.

Parking, under Carport.

Parking, Uncovered.

P
E
P
E
P
E
C
See Section 19.348.100.

E
See Section 19.31 e.oso.

See Section 19.348.010.

A guest house shall be used only by the occupants
of the main residence, their nonpaying guests, or
domestic employees. The guest house shall not be
rented or otherwise occupied independently from the
main residence.

See Section 19.348.030.

See Section 19.348.080.

See Section 19.348.050.

See Section 19.324.050.

P Permitted as an incidental use for single-family
cluster housing, cottage cluster housing, and
planned developments.

P See Section 19.324.030.

P
P Carports are permitted for parking spaces which are
in addition to the required garage spaces.

P Uncovered parking is permitted for parking spaces
which are in addition to the required garage spaces.

ORDINANCE NO.

Page 7 ends

Yard Sale.

Public Service Uses
Community Day Care:

Small group child day care
home (1-14 children).

Small group adult day care
home (1-6 adults).

Child day care center.

Adult day care center.

Public Assembly: (See also Recreation)
Church.

Cafe/Coffee Shop.

Ci
Ci
Ci
Ci
c
See Section 19.348.040.

All applicants shall comply with the State Health and
Safety Code with regard to the maximum number of
children that may be supervised at any one time
based on applicable standards and criteria. In no
case, shall the total number of children supervised at
any one time at any residence exceed 14.

Ci Permitted with a CUP as an incidental use provided
that sufficient parking and circulation can be provided on the property and the hours of operation for the
incidental use will not conflict with the primary use.

In all residential zones in which churches are
permitted, such churches shall be located on and
oriented to a major, primary, or secondary highway
as defined and designated in the Buena Park
General Plan. Bingo games shall be permitted as an
accessory use only when authorized under Chapter

5.16 et seq., and only when fire and safety
regulations are met and parking facilities are fully
conforming to the requirements for public assembly
use.

Permitted only as an incidental use to an existing
permitted religious facility and subject to all building and fire safety standards applicable to commercial/
assembly use. Must be less than 3,000 square feet.

Emergency Shelters.

Education:

Educational institution. c c c
See Section 19.348.070.

Bingo games shall be permitted as an accessory use
only when authorized under Chapter 5.16 et seq.,
and only when fire and safety regulations are met
and parking facilities are fully conforming to the
requirements for education use.

Recreation: (see also Division 5, Commercial Uses-Commercial Recreation.) ORDINANCE NO.

Page 8 ends

Public park, public playground, P
public recreational area, public
landscaped open space,
public-owned historical site or
feature.

P P P P
Community recreation center.

Utilities and Communications:

Aviation navigational aids.

Public utility facilities or
structures, including electrical
substations and cellular
telephone facilities.
c
c
c
c
c
P
c
c
c
c
See Division 12 of Zoning Ordinance.

Transportation:

Parking Lot.

Agricultural Uses
Horticultural production, plant
nursery (no sales), keeping of
livestock.

Horticultural production, plant
nursery (with sales).

Animal Keeping.

Temporaiy Uses
On-site construction facilities.
c
On-site real estate sales office. P P
c
P
c c
P Applies to A-Agricultural Overlay Zone only. See
Section 19.312.030.
c See Section 19.348.060.

See Section 19.348.050.

P P Offices, storage, activities, and facilities directly pertaining to construction Tor a permitted use on the
same site provided construction is not suspended for
more than 30 consecutive days.

P P Temporary real estate sales office, only for sales or leasing of new subdivision and for not more than 1
year.

Note:
(1 ) Permitted uses and intensity of use in the PD zone shall be determined in a public hearing subject to the provisions of the General Plan for the individual area designated as Planned Development. (2) a
type of 24-hriur care pursuant to the Califrirnia Community Care Facilities Act and California Hsalth and Safety Code ORDINANCE NO.

Page 9 ends

Section 7: Table 19.316.030 of the Buena Park Municipal Code, entitled "Height Limits in RS Zones," is hereby amended to include as follows (new text reflected in underline and deleted text in strikethrough):

Type of Building
Detached House (Primary Building)
Single-Family Cluster (1 )
Two-Unit Development (2)
Table 19.316.030

HEIGHT LIMITS IN RS ZONES
Maximum Height
2 stories Shall not exceed 30 feet
2 stories
1 storz ies
Shall not exceed 30 feet
Shall not exceed 16 feet
Shall not exceed 15 feet m peak of roof or 12 feet
frir a flat roofed structure
Notes:
(1 ) See Section 19.348.020 for additional standards.
(2) Two-Unit Developments are only permitted pursuant to SB-9. See Section 19.348.100 for additional standards. : Section 19.316.050 of the Buena Park Municipal Code, entitled "Building Form," is hereby amended to include as follows (new text reflected in and deleted text in strikethrough):

C. New Front Elevation Massing. Building
include at least two (2) of the following
standards:
elevations on which % a new main entry is located shall massing reduction strategies, compliant with the associated

1. Single Floor Projection. A facade projection on the lower or upper floor that projects project at least one (1 ) foot from the main wall plane, with a total area of at least 80 square feet and capped by a gable, eave or other roof form.

2. Multi-Floor Projection. A facade projection extending from ground level to the upper floor ceiling that projects at least one (1 ) foot from the main wall plane, with a total area of at least 124 square feet, and capped by a gable or other roof form.

ORDINANCE NO.

Page 10 ends

4. Bay Window. A protruding window, such as a bay window, which is at least two (2) feet in depth.

5. Second Floor Stepback. A minimum five (5) foot, street-facing stepback applied to the second floor. The setback shall span at least 60% of the total street-Tacing building elevation and shall be covered with an eave or roof component that matches the primary roof form or the building.

D. Window Perimeter. All windows shall include at least one (1) of the following perimeter design details:

1. Trim at least two (2) inches wide around the entire window.

2. A minimum two (2) inch recess from the surrounding exterior wall plane.

E. New Street Fronting Roofline. New R;oof surfaces that face street property lines and are wider than 30 feet shall be vertically articulated at least once every 30 feet, with at least one (1) of the following techniques:

1. A change in height of at least four (4) feet.

2. A roof dormer.

3. A change in roof orientation.

4. A change in roof form that projects at least three (3) feet above the main roofline.

1. Street Facing Garage. Garages located along the street facing building elevation shall comply with the following standards:
a. The width shall not exceed 60 percent of the total width of the front elevation of the building.
b. The garage shall be prohibited from projecting forward from the wall plane of the primary dwelling.
c. The garage shall include either: 1 ) an overhang at least 12 inches deep with the same materials and color palette as the primary roof form, or 2) a recess of at least 12 inches from the surrounding wall plane.

2. Inward Facing (90o) Garage. A 90o inward-facing garage is oriented perpendicular to the main structure of the house and necessitate a turning movement to enter the garage, distinguishing it from traditional front-facing garage. Garages in this configuration may project forward from the wall plane of the primary dwelling.

ORDINANCE NO.

Page 1 ends

3. Side Accessible Attached Garage. Such garages shall be located a minimum of 12 feet behind the front elevation of the home if located on the street side elevation.

4. Detached or Attached Rear Garage. Such garages shall be located at the rear of residential lots and be made accessible from a side lot driveway or from the rear.

G. New Window Placement and Privacy. To ensure privacy, newly placed windows shall be positioned so that not in line or directly face a window on an adjacent structure, as shown in Figure A. Additionally, second story windows and glass doors shall be located to promote privacy between properties through such methods as clerestory placement, use of opaque or viewobscuri la or other methods a a ved b the Communa a Economic Devel ent Director.

Structure Struduie
Figure A: Window Placement and Privacy
H. Antennae. Notwithstanding the restrictions of Section 19.316.030, radio, television, microwave antennae, and similar equipment shall be subject to the following regulations:

1. Ground-mounted antennae which are incidental or accessory uses are permitted to a height of 60 feet, unless permitted higher by a conditional use permit.

3. Any antenna that is primary to the use shall be subject to the height limit established under a conditional use permit.

1. Flagpoles. Flag poles shall be permitted within front, side, or rear yards provided they are set back a minimum of five (5) feet from property line and shall be limited to no more than thirty (30) feet in height subject to issuance of a building permit.

ORDINANCE NO.

Page 12 ends

J. Balconies. Balconies, where permitted, shall be screened. Screening may include side or rear yard landscaping or decorative lattices made of durable materials such as brick, treated wood, metal, etc. Balconies shall not exceed 15 feet in height above grade with a minimum 7-foot headroom clearance from the finished floor grade. Balconies may have 100% ceiling coverage. Second floor balconies shall not be positioned along any side or rear elevation within 20 fact of the adjacent a . Second floor balconies shall not be located on any interior side elevation within 20 feet of the adjacent property line. Balconies may be located on the rear and street facing elevations with no orientation to an interior side yard setback area. Balconies oriented towards the rear yard setback area shall be located at least 10 feet from the rear property line if proper screening (landscaping, obscured railing, etc.), as determined by the Community and Economic Development Director, is proposed.

Section 9: Subsection 19.316.120.B.3 of the Buena Park Municipal Code, entitled "Singlefamily Residential Additions," is hereby amended to include as follows (new text reflected in and deleted text in strikethrough):

3. Balconies /\11 additions shall comply with all subsections of Section 19.316.05C1J.

Section 10: Subsection 19.332.010.F of the Buena Park Municipal Code, entitled "Landscape Provisions for Residential Uses," is hereby amended to include as follows (new text reflected in and deleted text in strikethrough):

F. Landscaped areas shall be maintained free of state-listed noxious weeds as defined by the California Department of Food & Agriculture and invasive plan species identified by the California Invasive Plan Council or locally adopted invasive species lists. kept in a neat and clean condition; free of debris and dead, diseased, or dying vcgctation; and Plant material may not overhang public rights-of-way or property lines and shall not be in direct contact with buildings; broken or defective decorative elements shall be repaired or removed from ef the landscaped area. Vegetation in landscaped areas shall tx, mowcd, groomed, trimmed, pruned, and watered :.3E,maintained to keep the in a healthy,-g- condition recognizing seasonal dormancy and natural dieback of certain lant s ecies. Irrigation systems shall be kept in eym4 working condition and repair to prevent leaks, or create public health hazards.

Section 11: Section 19.336.030 of the Buena Park Municipal Code, entitled "Residential Driveway Standards," is hereby amended to include as follows (new text reflected in and deleted text in strikethrough):

A. In case of any conflict between the requirements of this pursuant to the Fire Code, the Fire Code requirements shall section and any safety requirements
prevail.

B. All garage, carport, parking area, or other off-street vehicular area shall be connected to one (1 ) or more public streets or alleys by one (1) or more driveways meeting the standards set forth in this section.

ORDINANCE NO.

Page 'l 3
C. Driveway Width.

1. The minimum driveway width in all RS zones shall be ten (10) feet.

2. The maximum driveway width in all RS zones shall not be wider than 20 feet, unless the number or bedrooms exceeds four (4), in which case the maximum driveway width shall be 30 feet. a. If more parking spaces are required pursuant to Section 19.336.040, additional parking spaces may be provided in the side or rear yards.
b. When a garage is located in the rear yard, whether attached or detached, the maximum permitted driveway width within the front yard setback area shall be no more than twelve (12)feet.
c. A rivewa n be e ed t 30 feet wide to rovide di
garage with openings for 3 cars only.
3 car

4. Vehicle parking in the front yard area of any residentially zoned lot is prohibited, with the exception of parking on a paved driveway.

D. Vehicle Storage in Single-Family Zones.

1. Vehicle Parking. Refer to Section 19.1108.050 (Motor Vehicle Parking) for additional requirements.

3. Definitions,
a. Recreational vehicle or "RV" means both motorized and non-motorized vehicles that combine transportation and temporary living quarters for travel, recreation, or camping.

Page 14 ends

Buena Park City CouncilSeptember 8, 2026

Buena Park City Council
September 8, 2026