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PC 2005/09/07na i lanne iSSi en a Wednesday, September 7, 2005 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California • Chairman: Gail Eastman • Chairman Pro-Tempore: Cecilia Flores • Commissioners: Kelly Buffa, Joseph Karaki, Ed Perez, Panky Romero, Pat Velasquez • Call To Order Preliminary P an Review 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the September 7, 2005 agenda • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. For record keeping purposes, if you wish to make a statement repardinq any item on the agenda, please complete a speaker card in advance and submit it to the secretary. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninc7commission(o)anaheim.net H:ldots\clerical\agendas\090705.doc (09/07/05) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the excepkion of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations 1A.(a) CEQA CATEGORICAL EXEMPTION -CLASS 1 (b) CONDITIONAL USE PERMIT NO. 2003-04815 (TRACKING NO. CUP2005-05012) Agent: Cindi Galfin, Pick Your Part, 1301 East Orangethorpe Avenue, Anaheim, CA 92805 Location: 1235 South Beach Boulevard: Property is 4.5 acres having a frontage of 325 feet on the west side of Beach Boulevard, and is located 330 feet south of the centerline of Ball Road (Pick Your Part). Project Planner: Requests a retroactive extension of time to comply with conditions of Qnixon@anaheim.net) approval for apreviously-approved automobile glass, stereo and alarm sales and installation bui ding in conjunction with an existing Q. 5. 11 automobile recycling business. 'Minutes 18. Receiving and approving the Minutes from the Planning Commission Meeting of July 25, 2005 (Motion) Continued from the August 8 and 22, 2005, Planning Commission meetings. 1C. Receiving and approving the Minutes from the Planning Commission Request for Meeting of July 27, 2005 (Motion) continuance to September 19, 2005 Continued from the August 8 and 22, 2005, Planning Commission meetings. 1D. Receiving and approving the Minutes from the Planning Commission Request for Meeting of August 8, 2005. continuance to September 19, 2005 Continued from the August 22, 2005, Planning Commission meeting 1 E. Receiving and approving the Minutes from the Planning Commission Meeting of August 22, 2005 (Moticn) H:\dots\clerical\agendas\090705.doc (09/07/05) Page 2 Public Hear•ina Items: 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 Request for 2b. VARIANCE NO 1229 continuance to (Tracking No. VAR2005.04659) September 19, 2005 Owner: Gregory Parkin, 2500 West Orangethorpe Avenue # V, _ Fullerton, CA 92833 Agent: Jim Parkin, Covered Wagon Motel, 823 South Beach Boulevard, Anaheim, CA 92804 Location: 823 South Beach Boulevard. Property is approximately 1.3 acres, having a frontage of 192 feet on the west side of Beach Boulevard and is located 975 feet north of the centerline of Ball Road. Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 5, 2003 to expire July 25, 2005) to retain a 70-unit motel and restaurant. (Covered Wagon Motel). Continued from the August 8, 2005, Planning Commission meeting. Project Planner: (dsee@anaheim.neq Variance Resolution No. O:S. 10 3a. CEQA CATEGORICAL EXEMPTION -CLASS 1 3b. CONDITIONAL USE PERMIT NO. 2004-04852 (READVERTISED) (TRACKING NO. CUP2005-05003) 3c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00021 Owner: Cedar Mountain, LLC, 110 East Walnut Avenue, Fullerton, CA 92835 Agent: Leon Alexander, Briggs and Alexander, 556 South Harbor Boulevard, Anaheim, CA 92805 Location: 2916 West Lincoln Avenue. Property is approximately 0.7-acre, having a frontage of 89 feet on the south side pf Lincoln Avenue and is located 315 feet east of the centerline of Laxore Street (EI Color Nightclub). Conditional Use Permit No. 2004-04852 -Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on July 26, 2004 to expire July 26, 2005) ), hours of operation and the outdoor patio for apreviously- approved nightclub. Determination of Public Convenience or Necessity No. 2005-00021 - To permit sales of a coholic beverages for on-premises consumption within apreviously-approved nightclub. Continued from the August 8 and 22, 2005, Planning Commission meetings. Project Planner. favazquez@anaheim.net) Conditional Use Permit .Resolution No. Determination of Public Convenience or Necessity Resolution No. H:\does\clerical\agendas\090705.doc (09/07105) ' Page 3 4a. CEQA NEGATIVE DECLARATION 4b. ZONING CODE AMENDMENT NO. 2005-00040 City Initiated: City of Anaheim Community Services Department, 200 South Anaheim Boulevard, Anaheim, CA 92805 Location: Citywide. Request to amend the zoning code pertaining to the establishment of building and ground-mounted telecommunication facilities on public recreational facilities within the Scenic Corridor Overlay, Open Space .and Residential zones, to clarify the definition of certain types of telecommunication facilities, and to add standard conditions of approval to the Telecommunication Antenna Review Permit process. Continued from the June 27, July 25, and August 8, 2005, Planning Project Planner: Commission meetings. (jPramrez@anahem_net) ZONING CODE AMENDMENT RESOLUTION NQ Sa. CEQA EXEMPTION SECTION 150611b)(3) 5b. ZONING CODE AMENDMENT NO. 2005-00038 City Initiated: City of Anaheim Community Services Department, 200 South Anaheim Boulevard, Anaheim, CA 92805 Location: Citywide. Request to amend Chapters 18.04 (Single-Family Residential), 16.06 (Multiple-Family Residential) and 18.40 (General Development Standards) to include provisions for sound attenuation in new residential developments and to amend Chapter 18.42 (Parking and Loading) to establish provisions for permitting driveway cuts for single-family project Planner: residences with public alley access and to require paved surfaces for (ethien@anaheim.net) parking and outdoor storage areas. H:\dots\clerical\agendas1090705.doc (09/07/05) Page 4 6a. CEQA NEGATIVE DECLARATION 6b. RECLASSIFICATION NO. 2005-00163 6c. VARIANCE NO. 2005-04653 6d. TENTATIVE PARCEL MAP NO. 2005-132 6e. WAIVER OF COUNCIL POLICY NO. 542 Owner: Evart C. Fountain, 1432 Roberta Avenue, Fullerton, CA 92833 Agent: Alan Nguyen, 15401 Firmona Avenue, Lawndale, CA 90260 Location: 1400 East Burton Street. Property consist of two parcels. Parcel 1: Property is an irregularly-shaped parcel having a frontage of 133 feet on the south side of Burton Street and is located 889 feet west of the centerline of Acacia Street. Parcel 2: Property is an irregularly-shaped parcel having a frontage of 26 feet on the south side of Burton Street and is located 1022 feet west of the centerline of Acacia Street. Reclassification No. 2005-00163 -Request reclassification of the property from the T (Transition) zone to the RS-2 (Residential, Single- Family) zone, or a less intense zone. Variance No. 2005-04653 -Request waivers of (a) minimum lot width and (b) minimum lot area to construct four single-family residences. Tentative Parcel Map No. 2005-132- Request to establish a 4-lot, 4- unit detached single family subdivision. Waiver of Council Policy No. 542 -Request to waive Council Policy No. 542 pertaining to sound attenuation for residential projects. Continued from the June 27, and July 25, 2005, Planning Commission meetings. Reclassification Resolution No. Variance Resolution No. H:\docs\clericallagendas\090705.d oc Request for Continuance to October 3, 2005 Project Planner: (cflo res@ a nah ei m. nett O.S 91 (09/07/05) Page 5 7a 7b. 7c. 7d. 7e. 7f. 7g. 7h. Agent: Lennar Platinum Triangle LLC, 25 Enterprise, Aliso Viejo, CA 92656 Location: The Platinum Triangle. The "Lennar Project" encompasses .approximate 41.4-acre project site is generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of South Betmor Lane in an area of the City of Anaheim known as The Platinum Triangle. The project site is further identified as Sites 1 and 2 on the map below. Site 1 encompasses 31 acres located at 1200-1558, 1700, and 1800 East Katella Avenue; 1301-1395 and 1551 Gene Autry Way; 1870, 1871, 1880, 1881, 1890, 1891, 1900, and 1901 South Chris Lane; 1833 and 1841 South State College Boulevard; 1800 and 1801 East Talbot Way. Site 2 encompasses 10:4 acres located at 1871, 1881, 1891, 1901, 1870, 1880, 1890., 1900 and 1910 South Betmor Lane and 1100 East Katella Avenue. The project site also encompasses portions of South Chris Lane and South Betmor Lane. SUBSEQUENT EIR NO. 332 AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 138 -Determination that Subsequent (SEIR) EIR No. 332 and its Addendum and Mitigation Monitoring Plan No. 138 are adequate to serve as the required environmental documentation for the proposed actions. [The Subsequent EIR has been circulated fora 45-day public review and is currently scheduled to be considered by the City Council on September 27, 2005. This SEIR would need to be certified by the City Council prior to the City Council approving SEIR No. 332 and its Addendum for the proposed'prgject actions described in this notice GPA2005-00434 -Request to amend the hand Use Element of the City of Anaheim General Plan to redesignate Site 2 from the Office High land use designation to the Mixed Use land use designation. This request would not change the permitted overall intensity for these uses as set forth in the General Plan. MI52005-00111 -Request to amend The Platinum Triangle Master Land Use Plan to incorporate Site 2 into the Platinum Triangle Mixed Use (PTMU) Overlay Zane, Katella District. MIS2005-00116 -Request for Planning Commission to rescind, in part, Resolution No. PC2004-63 and recommend that the City Council rescind, in part, Resolution No. 2004-180 pertaining to Reclassification No. 2004-00127 in order to rescind resolutions of intent pertaining to the reclassification of Site 2 from the I {Industrial) to the O-H (High Intensity Office) Zone. H:\dots\clerical\agendas\090705.doc (09/07/05) Page 6 DEVELOPMENT AGREEMENT NO. 2005-00008 RCL2005-00164 -Request to reclassify Site 2 from the I (Industrial) to the I (PTMU) (Industrial-Platinum Triangle Mixed Use Overlay) Zone. ZCA2005-00042 -Request to amend Chapter 18.20 (PTMU Overlay) of Title 18 (Zoning Code) of the Anaheim Municipal Code to add educational institutions and condominium hotels as authorized uses subject to the approval of a conditional use permit, to amend the minimum size of balconies for high-rise towers and to amend the parkland dedication requirements.` * The request to amend the parkland dedication requirements has been withdrawn by the applicant. CUP2005-04999 -Request to permit residential tower structures up to 400 feet in height on Site 1 within Development Areas B, D, E, F, M and N of the Master Site Plan, DAG2005-00008 -Request to adopt a Development Agreement between the City of Anaheim and Lennar Platinum Triangle, LLC and Sellers (as listed in the Development Agreement) to provide for the development of a Master Site Plan with up to 2,681 residences in a mix of housing types, including high rise residential towers, street townhomes, podium townhomes, and lofts with 150,000 square feet of street-related commercial development adjacent to a new street designated as Market Street. The plan also includes public park space and new connector streets. Continued from the August 22, 2005, Planning Commission meeting. GENERAL PLAN AMENDMENT RESOLUTION NO. MISCELLANEOUS CASE RESOLUTION NO. MISCELLANEOUS CASE RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. ZONING CODE AMENDMENT RESOLUTION NO. _ CONDITIONAL USE PERMIT RESOLUTION NO. _ DEVELOPMENT AGREEMENT RESOLUTION NO. H:\docs\clerical\agendas\090705: doc Project Planner: (cfloresQanaheim. nefJ (09/07!05) Page 7 8a. CEQA CATEGORICAL EXEMPTION -CLASS 1 8b. CONDITIONAL USE PERMIT NO. 2005-05096 Owner: Miguel Vasquez, 1506 Santa Ana Street, Anaheim, CA 92805 Location: 804 North Anaheim Boulevard: Property is approximately 0.16-acre, having a frontage of 50 feet on the east side of Anaheim Boulevard and is located 95 feet north of the centerline of North Street. Request to permit and retain an automotive sales lot. Conditional Use Permit Resolution No. 9a. 9b. (TRACKING NO. Owner: Evangelical Christian Credit Union, 955 West Imperial Highway, Brea, CA 92822-2400 Agent: Gloria Lee, Ambassador Church, 19800 MacArthur Boulevard. Irvine CA 92612 Location: 2568 West Woodland'Drive: Property is approximately 0.35-acre, having a frontage of 69 feet on the west side of Woodland Drive and is located 680 feet east and south of the centerline of Magnolia Avenue. Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on January 13, 2003 to expire January 13, 2005) to retain a previpusly- approved church within an existing office building with waiver of minimum number of parking spaces. Conditional Use Permit.Resolution No. Project Planner: (avazq uez@ a n ah ei m. n et) Q.S. 71 Project Planner: (d h e rric k@ a na h e i m. n et ) Q.S. 24 Adjourn To Monday, September 19, 2005 at 1:00 P.M. for Preliminary Plan Review. H:\docs\clericallagendas\090705.doc (09/07/05) Page 8 CERTIFICATION OF POSTING I hereby certify tha[ a complete copy of this agenda was posted at: 3:OOp.m. August 31, 2005 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY(K'IOSK SIGNED: ~,r!~1~11C~1t~~~~~~[1~'tL-d If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, iF you need special .assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. H:\dots\clerical\agendas\090705.doc (09/07/05) Page 9 SCHEDULE 2005 September 19 October 3 October 17 October 31 November 14 November 28 December 12 December 28 (Wed) H:\docs\clerical\agendas1090705.doc (09/07/05) Page 10 ITEM NO. 1-A CUP 2]5] aJ. R5-z N c-c R I- 1 DU EACH RCL 56-57-59 GG (p ~ CUP 907 RGL ]t-]2-]] VAR 6]4 ~ W ~ VAR 3029 5 CUP 31]9 TRAVEL INN ( p !r Q VAR 1260 CUP 2494 - MOTEL Y ~ MOTEL6 CUP 1562 = Q RESTAURANT w < RS-2 G6 O-O RCL 9s~ p _ H y w 1 DU EACH RGL sss7-s9 RCL ws7-s9 RCL 69-70-71 RCL 56~ ' ~~ CUP 1243 SMALL 6HOP$ CUP 2539 LINDY S ~- ~ SMALL SHOPS 5.5.8 FLOWER VAR 2934 FOODMART BALL R0.4D G-G RGL $&$9-109 RCL2WJ~e0636 RGL 61E2.14 VAR 2665 -CUR ZOO]-roam C-C CUP 1fiM COP 2fdf]-d66a RCL 200? RAL2 RCL 64-65-95 Cwy93 RCL62- RCL62-63J1 MEO CUP 2775 ~C' _ ° 0 cw un RGL$7- mw leas . RCL]a0a10 RCLfi2-63-73 REST. ' OFFICE m ~ LCUP ZOo VAR 39 CUP 2932 c] Ca; TLUP 200 CONOO$ CUP 1964 ~ RCL2Po]-W096 120U C-G > GUP1 0} a ro 31 lb RCL 59-59-709 C-O W 0 e f l CUP! s64 (RCL 56- ?L~ p a]s UP2004-04957 BEACH-BALL RCL 64-fi5-95 J u s cuP^n SHOPF VAR 2695 SHOPPING CENTER 64-65-11 ~ vnR mufi GENT US 2 DU CUP 1363 (R ]sssp O urNi]oA Sr~ T I(MHP) % p , F`Ra "° ~Y' x'.'. 621 :.~`~u ~, ~s~~xn, ~ ., :~~~',~' ~~ ?~ ,~~%""~~ ~ + ~ ` ~`~" m RCL B2 83 28 .. . yn= . s -,, ~~ .., "'~``' ~ ^"~~'~"`~ = GG IMHP x - - ~ ,z RCL 92-9 29 CUP 763 ~ ] (r0 ~~ ~ (~ RCL 56-57-44 VAR 1832 ~ ~ ~ RCL 92-93-09 CUP 51 ¢m a '$ MOBILE HOME PARK MOBILE ~; ,~• RCL fig-69-11 CUP 2625 `' ~ ~ ~~~ W HOME ~ T-CUP 2005-05017 VAR 2001 . ` m PARK „ ., `, CUP 200304816 EIR 312 "`~/~"'--' - m ^ CUP 3976 (RCL H0.81-21) ~' ,y : GG ,~ CUP 3608 (CUP 2164) RCL 56-57-04 PICK YOUR PART ~~+~~a~~`' ~~:i:_ .._..___.°_ _-__.._ ~ "~"" z ,s> ~ h.~.x~ VAR 2211 5 VAR 691 5 H098V CITY D Conditional Use Permit No. 2003-04815 ~r ~ Subject Properly TRACKING NO. CUP2005-05012 Date: September 7, 2005 Scale: 1" = 200' Requested By: CINDI GALFIN Q.S. No. 11 REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL FOR APREVIOUSLY-APPROVED AUTOMOBILE GLASS, STEREO AND ALARM SALES AND INSTALLATION BUILDING IN CONJUNCTION WITH AN EXISTING AUTOMOTIVE RECYCLING BUSINESS. 1235 South Beach Boulevard -Pick Your Part 1sn City of Anaheit,~ ~'~A[lil~lbl~~ ~~h~~'~'l~~l~i'~` September 7, 2005 Cindi Galfin Pick Your Part 1301 East Orangethorpe Avenue Anaheim, CA 92805 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of September 7, 2005. REPORTS AND RECOMMENDATIONS: A (a) CEQA CATEGORICAL EXEMPTION -CLASS 1 (b) CONDITIONAL USE PERMIT NO. 2003-04815 (Tracking No. CUP2005-05012) Agent: Cindi Galfin, 1301 East Orangethorpe Avenue, Anaheim, CA 92805 Location: 1235 South Beach Boulevard (Pick Your Part) ~ewvlanaheimnal Request for a retroactive extension of time to comply with conditions of approval for an automobile glass, stereo and alarm sales and installation building in conjunction with an existing automotive recycling business. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the California'Environmental Quality Act (CEQA) Guidelines is adequake to serve as the required environmental documentation for this request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve the request for a nine (9) month retroactive extension of time to expire on October 12, 2005, to comply with conditions of approval to permit an automobile glass, stereo and alarm sales and installation building in conjunction with an existing automotive recycling business, based on the following: (i) That this first request for an extension of time to comply with conditions would not extend the entitlement of use beyond the two exterisions authorized by the Code; and that the property has been properly maintained. (ii) That there have been no changes to the Anaheim General Plan and Zoning Code that would affect [his project. No additional information or changed circumstances are present which would contradict the facts used to support [he required findings for approva of this Conditional Use Permit. (iii) That the property is being maintained in a safe, clean and aesthetically pleasing condition with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Community Preservation Division. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission C U P2003-04815] n_excerpL d oc 200 South Anaheim aou~evard P.0. Box 3222 Anaheim, Calilarnia 92863 TEL (714) 7fi5~5139 Attaohrnent - R&R 1-A IdlEli'[ORAN1)LT1VI CITY OF ANAHEIM Comm~~nit)~ Preservation Division DATE: August 9, 2005 TO: Jessica Nixon, Planning Aide FROM: Max Wilson, Community Preservation Officer SUBJECT: 1235 S. Beach Blvd., CUP2003-04815., Tracking Case No.: CUF2005-05012 I inspected the above location on August 9, 2005, and observed it to be a front parking lot for "Pick Your Part" company. It is presently in compliance with all Anaheim Municipal Codes, regulations and conditions applicable that were listed on the IDC route sheet. If there are questions, please contact me at 4480. Attachment - R8R 1-A RESOLUTION NO. PC2004-7 -- - - - A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2003-04815 BE GRANTED WHEREAS, the Anaheim Gity Planning Commission did receive a verified Petition far Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE :NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF STANTON, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY:> WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 2004 at 1:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03 (toning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence for and. against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due wnsideraticn of atl evidence and reports offered at said hearing,. does find and determine the following facts: 1, That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.085 to wit: to permit and construct a new automobile glass, stereo and alarm sales and installation building in conjunction with an existing automotive recycing business. 2. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area. 3. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 4. That the proposed business, as conditioned herein, w(II not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because other commercial businesses suround this site. 5. That the size and shape of the site for the proposed automobile glass, stereo and alarm sales and Installation business in conjunction with the existing automotive recycling business (Pick-Your- Part) is adequate to allow full development of the proposal in a manner not detrimental to the surrounding area's peace, health, safety and general welfare. cr1PC2004-007.dac -1- PC2004-7 6. That a Letter doled January 12, 2004 was received from the City of Stanton supporting - - the proposal based on the underlying Pick-Your-Part property being located in both the City of Stanton and the City of Anaheim, and that additional sales tax revenues generated by the proposal will be subject to Section V Sales Tax Spfit; Guarantee of Amendment No. 1 to Development Agreement No. 93-01 between Pick-Your-Part and the City of Stanton, as it may be amended to reflect new on-site uses. 7. That no one indicated their presence at the public hearing in opposition to the proposal, and no cortespondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR: .NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are .hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That no window signage shall be permitted. 2. That the petitloner shall submit a final sign plan to Zoning Division staff for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission as a 'Reports and Recommendations' item. Said information shall be specifically shown on the plans submitted for building permits.. 3. That prior to commencing operation of this business, a valid business license shall be obtained from the City Business License Division: 4. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage. 5. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineedng Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with the approved plans. B. That requests for special event permits authorized under Section 18:02.055 (Special Event Permfts- General) ofthe Anaheim Municipal Code shall be limited to a maximum of four (4) special events per year for the entire site., , 7. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 8. That any tree and/or landscaping planted on-site shall be replaced in a timely manner to the event that it is removed, damaged, diseased and/or dies. 9. That customer parking spaces shall be striped and clearly marked "customer parking only"; and that at no time shall customer vehicles be stacked, double parked or left standing in tandem in front of, or adJacent to, the bulidings. 10. That the legal property owner shall provide the City of Anaheim with an easement to be determined as electrical design is completed for electrical service lines. Said easement shall be submitted to the City prior to connection of electrical service. -2- PC2004-7 11. That the water backflow equipment shall be located above ground and outside the street setback ._ . area in a manner fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all publicstreets and alleys. S81d information shall be specifically shown on plans submitted to and approved by the Water Engineering Division and Cross Connection Inspector before submittal for building permits. 12. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed and comply with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall'be specifically shown on the plans submitted for building permits.. 13. That the locations far future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (Le., landscape screening, color of walls, materials, Identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 14. That any required relocation of Clty electrical facillttes shall be at the developer's expense. 15. That the property owner shall implement appropriate non-structural and structural Best Management Practices ("BMPs") in order to minimize the Introduction of pollutants to the storm water drainage system. 16. That"four (4) foot high address numbers shall be displayed an the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division; for review and approval 17. That no vehicle dismantling shall be permitted on the premises: 18. Thatno amplified sound systems shall be utilized outside the building. 19. That the hours of operation shall be limited to 7 a.m: to 6 p.m. daily. 20. That the parking lot serving the premises shall be equipped with lighting of sufficient power to Illuminate and make easily disaemible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner sa as not to unreasonably illuminate the windows of nearby residences: Said•information shall be specifically. shown on the plans submitted for building permits. 21. Proposed Condition No. 21 was intentionally deleted at the January 12, 2004 public hearing. 22. That subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos.1 and 2, and as conditioned herein. 23. That the Legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to fhe Public Works Department, Development Services Division. Following approval by the Cily Engineer, a Certificate of Compliance or Conditional Certificate of Compliance shall be recorded in the Office of the Orange County Recorcler. 24. That an amount to mitigate sewer impacts in the Combined West Anaheim Zone A Area shall be paid. The estimated cost to mitigate the Impact is (arty one dollars ($41) per one thousand (1,000) square feet of commercial development -3- PC2004-7 25. That a BurglarylRobbery Alarm permit application, Fonn APp-516, shall be completed and filed with---- the Police Department. 26. Thal an Emergency Listing Card, Form APD-289, shall be completed and filed with the Police Department.. 27, That any storage or overnight parking of vehicles, vehicle parts orbusiness-related materials and all work on vehicles (including the washing of vehicles) shall be wnfined entirely to the interior of the buildings. Absolutely no vehicular body work, painting or other business-related activities, ar storage of vehicles, vehicle parts or materials shall be permitted in the front or rear yard areas of the subject property, or on the roof of the buildings. 28. That the property owner shale submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 3978 (to consVuct a 2-story, 3,460 square foot building for automobile glass, stereo and alarm sales and installation, and awalk-up restaurant with 200 square feet of outdoor dining). 29. Thal prior to issuance of a building permit or within one (1) year from the dale of this resolution., whichever occurs first, Condition Nos. 2, 5, 10, 11, 12, 13, 15, 16, 20, 23, 24, 25, 26, 28 and 32, herein-mentioned, shall be complied with. Extensions for further lime to complete said conditions maybe granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administretive Use Permits, Variances and AdminisVative Adjustments) of the Anaheim Municipal Code. 30. That prior to final .building and zoning inspections, Condition Nos. 3 and 22, above mentioned., shall be complied with. 31. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any oth"ar applicable ordinance, regulation or requirement. 32. That a plan shall be submitted to the Zoning Division for review and approval showing that the landscaping fn the parking lot shall be refurbished; and that the approved landscaping shall be planted within thirty (30) days from the date the landscaping plan is approved. BE IT FURTHER RESOLVED that the Anaheim CIty Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicants compliance with each and all of the conditions hereinabove set forth, Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 12, 2004. !ORIGINAL SIGNED SYJAMES VANDERBIL71 CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY PAT CHANDLERS SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ' -4- PC2004-7 I, Pat Chandler., Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 12, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN W ITNESS W HEREOF, I have hereunto set my hand this day of ,2004. fORlGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2004-7 ITEM NO. 2 e CUP 112 ARCADE VAR 2034 APARTMENTS F f- x 10j x ~w~W~Q rn ~ I w I v3w °i3~~ ~ r RM-2 RS-2 i DU EACH I ROME AVENUE RS-2 1 DU EACH I 11 DU EACHI I I 1 TERANIMAR DR RS-2 i DU EACH VAR 1628 RS-2 1 DU EACH x ' LYNROSE DR ~ rn 0:~ 0 RS-2 1 DU EACH RCL 63-64-94 RS-2 1 DU EACH GLEN HOLLY DR T-~-1 T -l RM-2 I j . 82-@3-01 I 1 .74-75-10 I .74-76-16 I I C-G 70-71-51 I i RCL 70-71-51 JP 2354 I CUP 3926 mPun9dcc ~--~ ~ VACANT C-G I° RCL 70-7343 RCL 78-7343 RCL 70-71-51 (Res. of Intent RnL p6-fi7-62 REST. " RCL 74-7538 CUP 1843 MOTEL CUP 1736 0 CUP 1547 Cam' CUP 1843 RCL S9-60.80 MOTEL 0 CUP 3280 F- 299' a ~ RCL 80.91 32 ~~ I8 ~ ' CUP 2003-04714 g -~ ~, Q T-VAR 2005-04659 _F . - W 'T-VAR 200}04559 x_ S c VAR 1229 ~~- . Q U ~. -~ (CUP 2199) r Z ~~ v a (V(VAR09) x,. _ MOTEL) 4 -' K~ , 0 9 c-G cuP zz31 RCL 80-81-41 VAR 2330 Q RCL 71-72-35 MOTEL GG RGL 80-81-44 CUP 2237 ECONO LODGE. MOTEL C-G RCL 88-89-30 SAHARA CUP 3110 MOTEL VAR 1055 c-G RCL fi4-6569 DENNY'S GG RCL 64-6569 RCL 57-58-03 RESTAURANT C-G VAR 1207 RCL 67-58-43 ROBIN HOOD CUP 2712 MOTEL C-G RCL 66-67-15 ~ SMALL SHOPS RM-4 ', ~ CUP 2( Q APARTME STONYBROOK DR SB Dl W ~-- 241 ' Rh42 J RC12000~0011 R L90.91-31 (Res. oFlntent m CLI O o TCUP 200504996 RM142 D] ~ TLUP 2006-04903 RCL bUP 2004-04831 CUP 3436 fib-6511 VACAN CUP 379 GPA 2004-00417 (~ VACANT W c-G RM-. m RCL 70.]1J2 CUP242 RCL 61-E CUP 2142 VAR 4322 CUP2 7-vAR Z6@z-94s4e MOTE! APARTMI VAR 4322 MOTEL RS-2 vAR z69z RS-2 O45 ~4 1 DU EACH D ~ ROME AVENUE O 8 T I ~ ~ - RS-2 0 \ I I 1 OU EACH o_ RM-0 RM.. RCL 62-( o m RCL 77-78-28 RCL 56-: ~~e RCL 56-57-33 CUP 3 Fv APARTMENTS E RM-0 64 DU Uo E~~ ca LYNROSE DR m~a RM-4 m RM4 RCL 62-6}36 3 RCL 77-78-26 PILL 56-57 3 RCL 56-57-33 I CUP 314 90U APTS. RCL 71 2-23(1) CUP 1227 B ruo nsv VAR 674 Variance No. 1229 ~ _,~, Subject Property TRACKING NO. VAR2005-04659 Date: September 7, 2005 Scale: 1" = 200' Requested By: GREGORY PARKIN Q.S. No. 10 TRACKING NO. VAR2005-04659: REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO ATIME LIMITATION (APPROVED ON MAY 5, 2003 TO EXPIRE JULY 25, 2005) TO RETAIN A 70-UNIT MOTEL AND COFFEE SHOP. 823 South Beach Boulevard -Covered Wagon Motel 1926 ITEM NO. 3 I vn~.n,v i I I I I I I I I~_____________~I I RM-4 RCL 97-98-15 T-RCN 2004-00017 CUP 4009 VACANT RM-4 ~ LINOOLN AVENUE I-® 315'--is ^~_z n~~ Nrc¢ i~~w rc ¢ QU Sm Un ¢~ r w O ~ POLK AVE i ~ I j RM-4 ~ o I 1 DU EACH RCL 77-78-07._vm I RCL 76-77-09.. '° I , I- O_G . CUP 1643 r ~`7 W RCL 99-00.79 VAR 2960 I ~ I ~ RCL 55-56-36 VAR 2832 1 ~ ~ F- T-CUP 200304797 APTS. I I ~ CUP 2002-04fi36 198 DU ~ Q CUP 2002-04612 _ T-CUP 2002-04522 i CUP 4199 ~ 1 W BEL-AIR CEMER I I m CUP 3322) 1 ` (RCL 90.91-12) ~ m 89 ' ~- n r ~a N ~_ rn ~w g u RM-0 ~~~ RCL 63-6436 3 ~° CUP 479 w c9 20 DU o BAY WOOD AVE RM-4 RCL 63-64-36 CUP 479 18 DU RM-4 RCL 69-70-02 VAR 2102 APARTMENTS 224 DU ' RM RCL 75- RCL 63a RCL 6b CUP' APT: 801 Conditional Use Permit No. 2004-04852 (READVERTISED) r ,; Subject Property TRACKING NO. CUP2005-05003 Date: September 7, 2005 Determination of Public Convenience or Necessity No. 2005-00021 Scale: 1" = 200' Requested By: CEDAR MOUNTAIN, LLC Q.S. No. 13 CUP2004-04852 - (READVERTISED) REQUEST TO PERMIT A NIGHT CLUB. T-CUP2005-05003 -REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION, (APPROVED ON JULY 26, 2004 TO EXPIRE JULY 26, 2005), :HOURS OF OPERATION AND THE OUTDOOR PATIO FOR APREVIOUSLY-APPROVED NIGHTCLUB UNDER AUTHORITY OF CODE SECTION 18.03.093. PCN2005-00021 -DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY TO PERMIT SALES OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION WITHIN APREVIOUSLY- APPROVED NIGHTCLUB. 2916 West Lincoln Avenue 1973 C1i GG RGL 61$2-12 RCL 61-E CUP 4629 VAR 14 CUP 3682 .TOOL SH F C-G W GG RCL 62-63-9! W RCL 62~&95 RCL 58-59-2( CUP 3929 CUP 3198 1 CUP 2949 VAR 934 W VAR 1561 VAR 843 ~ F 8 M PLAZA pCN 47-OB ~ SHOPPING CONV. CENTER MARKET zou ~m ®®-m-m--m EMBASSY AVE ITEM NO. 3 Date of Aerial Photo: May 2002 Conditional Use Permit No. 2004-04852 (READVERTISED) TRACKING NO. CUP2005-05003 Determination of Public Convenience or Necessity No. 2005-00021 Requested By: CEDAR MOUNTAIN, LLC CUP2004-04852 - (READVERTISED) REQUEST TO PERMITA NIGHT CLUB Subject Property Date: September 7, 2005 Scale: 1" = 200' Q.S. No. 13 T-CUP2005-05003 -REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION, (APPROVED ON JULY 26, 2004 TO EXPIRE JULY 26, 2005), HOURS OF OPERATION AND THE OUTDOOR PATIO FOR APREVIOUSLY-APPROVED NIGHTCLUB UNDER AUTHORITY OF CODE SECTION 18.03.093. PCN2005-00021 -DETERMINATION OF PUBLIC CONVENIENCE O'R NECESSITY TO PERMIT SALES OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION WITHIN APREVIOUSLY- APPROVED NIGHTCLUB. 2916 West Lincoln Avenue 7973 Staff Report to the Planning Commission September 7, 2005 Page., (7} In order to demonstrate that the fin been satisfied; the applicant has si The applicantlhas indicated that tfi they have been sine 1959, there h and the permit is being ezercised'€ with all conditions of approval. 'c'n'~' ^'Xa3•%~kiE1 ~ ~ ~ $~ " i~'x" A ~K v1 ~: ~n-h -fi'~ y ~~~~ ' u t~`'kVatt~(~Q~ V.eF~r~~(e'i:^~'-f - i ~ a. ~ ~' rsrs : fire 8nsfness ~ , .~,,~7P ~'' 7 ~ z :a ; ~ ~ Locetio-~~ ~ ~ . '.„" td > ~a' s r*- au ~osrco~ti, 'os ,. . , .. . . „ u . JC-Fandan o !' 1086 N.IIfState Colle a 31 i EI'Cone'o 1750', W. Lincoln': 27 EI Patio 1750 W. La Palma 9 Et Va uero 1168 S'State Colle a 56 Press Box 480 N. Glassell i 18 Plaza Ga~itialdi 500 Ni Brookfiurst 29 : (c) That tha size and shape of the site development of tfie proposedruse or to the health a~tl safety; 2. ', The'permitted'eventoractivi disturbance to surrounding j of Anaheim (Section 4.16.10( 3. Between he ¢ j providing ent~ personnel. Tt would interFer 4. No dancing sf (2) a.m.,of the 5. the numberb 16d That all entertainers and employees "specified anatomical areas° as desi Municipal Code. 17. That no "happy hour" or reduced prii allowed at anytime. 18: That the sale of alcoholic beverages permitted. 19. That the petitioner shall not share ar to a promoter or any other person, b following: monies collected as a doo admission charge, including minimui 20 That there shall be no requirement t~ 21 That alcoholic beverages shall not ti 22. That no person under the age of 21 23/ That the licensee(s) shall not mainta intended for use by patrons or Gusto 24:' That all doors serving the;nightclub requirements and shall be kept closi ~~.~~rL Lr.f / Jrl... .. 30:' That the business operator shall' 'Professions Code so as not to en ~,.HEIM ~.~ ~1~~ Of O A Iti 2 iU `> ^. ~~NOEO'`~ Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714:765.1401 FAX: 714.765.1665 Attachment -Item No. 3 City~~((o1f~~Anaheim ¶~,~~77 Special Operations Division 'I'o: Amy Vasquez Planning Department From: Seegeant IVlike Lozeau Vice Detail Date: July 15, 2005 RE: CUP 2005-05003 EI Calor Night Club 2916 W. Lincoln Ave. Anaheim, CA 92801 The Police Department has received an I.D.C. Route Sheet for CUP 2004-04852. The request by the applicant is to reinstate apreviously- approved night club. The location is within Reporting District 1716, which has a Crime Rate of 187 percent above average. It is also within Census Tract Number 869.03, which has a population of 6,014. The population allows for 4 Off Sale ABC licenses and there are currently 4 licenses, and allows for 7 On Sale ABC licenses and there are 5 issued.. The Census Tract boundaries are: North Lincoln Avenue South Ball Road East Dale Street West Beach Boulevard Off Sale Licenses in the applicants census tract 2935 W. Ball Road 524 S. Beach Boulevard 510 S. Beach Boulevard 2950 W. Lincoln Avenue Space A&B On Sales Licenses in the applicants census tract 2952 W. Ball Road 2916 W. Lincoln Avehue 2801 W. Ball Road 15-15a 2970 W. Lincoln Avenue 2801 W. Ball Road Ste 5 Memorandum Amy Vazquez EI Color The census tracts surrounding this location are as follows:. North - 868.03 On Sale allowed 8/active 7 pending 1 South - 876.03 On Sale allowed 7lactive 8 pending 2 East - 870.01 On Sale allowed 6/active 3 population 7,284 Off Sale allowed 5/active 5 population 6,442 Off Sale allowed 4/active 6 population 5,403 Off Sale allowed 4/active 0 West - 869.02 population 4,921 On Sale allowed 6/active 4 Off Sale allowed 3/active 3 Additional Census Tract information: North East - 868.03 population 7,284 On Sale allowed 8/active 7 Off Sale allowed 5/active 5 pending 1 - North West -Buena Park. South West-Stanton South East - 878.05 population 6,797 On Sale allowed B/active 1 Off Sale allowed 4/active 1 pending 1 From June 2004 to July 2005 there have been 58 calls for service to this location. The calls consist of: 1 man with a gun, 1 felony assault, 1 ID call out(for the felony assault-more man power/different unit), 1 rape, 6 fight, 6 battery, 1 corporal punishment wife, 1 ABC violation (allowing :minor in and buy drinks), 6 disturbing the peace, 1 disturbance boyfriend/girlfriend, 3 drunk in public, 2 petty theft, 1 drunk driver, 1 reckless driving, 2 flag down officer, 1 stolen car, 8 suspicious circumstance, 2 unknown trouble, 1 burglary alarm, 1 911 hang up, 2 bar check, 1 missing adult, 1 threatening .phone call, 2 car stop, 1 traffic accident, 1 info only call-decided did not want PD contact, 1 ABC check, 1 Fire Dept (head injury), 1 Officer investigation. Of the 58 calls for service there were 24 reports taken. They consist of: 1 assault w/deadly weapon, 6 battery, 1 assault, 2 fight, 1 burglary alarm, 1 petty theft, 2 disturbance, 1 drunk driving, 1 stolen vehicle, 1 threatening phone call, 1 serving alcohol to a minor, 1 missing adult, 2 suspicious activity, 1 recover lost or stolen property, 1 ABC check, 1 assist other department -Fire Department. Page 2 Memorandum °' Amy Vazquez EI Color The Reporting District to the North is 1616 and has a crime rate of 29 percent above average. The Reporting District to the South is 1816 and has a crime rate of 176 percent above average. The Reporting District to the West is 1715 and has a crime rate of 129 percent above average. The Reporting District to the East is 1717 and has a crime rate of 163 percent above average. The Police Department opposes this application due to the high crime rate, and due to the fact that this location continues to be a problem location with serious crimes. Also, attached is a breakdown of crime for this location from 1999 until June 2004 (current to this memo and crime slats listed above). The Police Department feels this would be detrimental to the public's health and safety and not in their best interest. If the City of Anaheim approves this application, the Police Department wants to see that the security company that is in place now be changed. We have met with the owner and we have not seen any changes. We would also ask for a one year time (imitation on the CUP to see how they operate as a true 48 ABC location and with a new security company. We recommend the following conditions be placed upon the Conditional Use Permit: 1. The permitted event or activity shall not create sound levels, which violate any ordinance of the City of Anaheim. (Section 4.16.100.010 Anaheim Municipal Code) 2. Between the hours of _8:00 p.m._ and -closing- or at any time the premises are providing entertainment, the petitioner(s) shall provide _6-8 uniformed security personnel. They shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 3. Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) 4. The operation of any business under this permit shall not be in violation of any provision of the Anaheim Municipal Code, State or County ordinance. (Section 4.16.100.010 Anaheim Municipal Code) 5. No dancing shall commence prior to nine (9) p.m. nor continue beyond two (2) a.m. of the same evening(per their ABC license). (Section 4.16.060.040 Anaheim Municipal Code) Page 3 Memorandum Amy Vazquez EI Color 6. The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code) 7. The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. (Section 4.18.110 Anaheim Municipal Code) 8. The business shall .not be operated in such a way as to be detrimental to the public health, safety or welfare. (Section 4.16.100.010 Anaheim Municipal Code) 9. All entertainers and employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. 10. No one under the age of 21 shall be allowed 11. The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan., scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 12. The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. (Section 4.16.050:010 Anaheim Municipal Code) 13. Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permft. (Section 4.16.100.010 Anaheim Municipal Code) 14. No "happy hour" type of reduced :price alcoholic beverage promotion shall be allowed at any time. 15. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 16. The sale of alcoholic beverages for consumption off the premises is strictly prohibited.. Page 4 Memorandum Amy Vazquez EI Calor 17. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 18. There shall be no requirement to purchase a minimum number of drinks. 19. Signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages from leaving the confines of the establishment. There is to be no alcohol in the patio area.. 20. Alcoholic beverages cannot be included in the price of admission. 21. There shall be no amusement machines or video game devices maintained upon the premises at any time. 22. No person under the age of 21 shall sell or deliver alcoholic beverages. 23. The licensee(s) shall not maintain or construct any type of enclosed room intended for use by patrons or customers for any purpose. Please contact me at extension 1451 if you require further information. Page 5 Attachment -Item No. 3 EL CAL®R - 5+ 1(EARS F ~TAI"ISl°ICS Calls For Service 1999 1 Person with a Gun 11 Fights 10 911 Hang-ups 5 Assaults 4 Stolen Vehicles 6 Disturbing the Peace 5 Lost or Stolen Property calls 1 Grand Theft 2 Petty Thefts 2 Car Stops 2 Traffic Accidents 4 Out of Unit at this location 1 Suspicious Circumstance 1 Drunk 3 Unknown Troubles 1 Hit and Run Parked Vehicle 1 Burglary Reported 1 Burglary Alarm 2 Flag-downs 4 Subject Stops 67 Total Calls For Service 2000 1 Bomb Threat 1 Brandishing a Knife 2 Panic Alarms 4 Fights 1 .Battery 6 Robbery Alarms Silent 6 911 Hang-ups 5 Disturbance Calls 3 Recover Lost /Stolen Property 2 Lost /Stolen Property 1 Drunk 1 Stolen Vehicle 4 Car Stops 1 Person Down 2 Subject Stop 3 Out of Unit at This Location 1 Flag-down 1 Public Assist 2 Traffic Accidents 1 Suspicious Circumstance 1 Unknown Trouble 49 Total Calls For Service 200 1 Rape 2 Robbery Alarms Silent 3 Fights 3 911 Hang-ups 8 Battery 1 Person With a Gun 3 Disturbances 2 Drunks 2 Medical Aides 1 Stolen Vehicle 6 Recover Lost /Stolen 3 Subject Stop 1 Hit and Run Parked Vehicle 1 Hit and Run Misdemeanor 1 Grand Theft 2 Petty Thefts 3 Out of Unit at This Location 1 Car Stop 4 Traffic Accidents 1 Suspicious Circumstance 1 Public Assist 1 Unknown Trouble 51 Total Calls For Service 2002 1 Person With a Gun 4 Fights 2 Robbery Alarm Silent 4 Disturbances 5 911 Hang-ups 4 Battery 1 Drunk 1 Panic Alarm 1 Petty Theft 1 Stolen Vehicle 4 Lost /Stolen Property 2 Out of Unit at This Location 2 Burglaries 2 Traffic Accidents 1 Keep the Peace 2 Car Stops 1 See the Woman 1 See the Man 1 Person Down 3 Suspicious Circumstances 1 Public Assist 1 Check the Well-being 1 Hit and Run Misdemeanor 2 Subject Stop 48 Total Calls For Service 2003 1 Person with a Gun 1 Felony Assault 10 Disturbance Calls 8 Fights 14 Burglary Alarm Calls 5 911 Hang-ups 5 Battery 1 Robbery 1 Burglary 1 Stolen Vehicle 1 Found Property 1 Person Down 4 Suspicious Circumstances 2 Traffic Accidents 2 Flag-downs 2 Out of Unit at This Location 5 Suspect Stops 3 Lost /Stolen Property 1 Check the Well Being 1 Car Stop 69 Total Calls For Service 2004 4 Disturbance 1 Drunk 4 Fight 1 911 Hang up 2 Recover Lost or Stolen Property 2 Burglary Alarm 1 Felony Assault Knife 1 Battery 3 Subject Stop 1 Public Assist 1 Car Stop 1 Burglary 1 Hit and Run Vehicle 1 Suspicious Circumstance 2 Misdemeanor Assault 26 Total Calls For Service as of June 19, 2004 Attachment -Item No. 3 MdE11~IORANI9UNY CITY OF ANAHEIM Community Preservation Division DATE: JULY 11.2005 TO: AMY VAZQUEZ, PLANNER FROM: DON YOURSTONE, SENIOR COMMUNITY PRESERVATION OFFICER SUBJECT: EL CALOR NIGHT CLUB, 2916 W. LINCOLN AVE.. REINSTATEMENT OF CONDITIONAL USE PERMIT # 2004-04852 This memo is written in response to your request for information regarding the EI Calor Night Club located at 2916 W. Lincoln Ave. Community Preservation records indicate for the past year two citizen requests for service have been received regazding the operation of this business. The two requests were graffiti and patrons from the night club using off site locations for parking. As a result of Community Preservation inspections both issues have been corrected. On Saturday, July 9, 2005, I conducted an inspection of the EI Calor Night Club and was met by the manager Silvia Ramirez. During my inspection the business was open and operating within the conditions of approval for Conditional Use Permit # 2004-04852. If you need further information regarding this matter, please feel free to contact me at ext. 4451. Attachment -Item iVo. 3 RESOLUTION NO. PC2004-74 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2004-04852 BE GRANTED. (2916 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Crange, State of California, described as: PARCEL 1: THE WESTERLY 89.30 FEET OF THE SOUTHERLY 239:00 FEET OF THE NORTHERLY 305.00 FEET AND THE EASTERLY 3.00 FEET OF THE WESTERLY 92.30 FEET OF THE SOUTHERLY 139.00 FEET OF THE NORTHERLY 305.00 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 13 DISTANT NORTH 89° 41' 15" EAST, 1162.30 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 0° 10' 55" EAST, 1338.22 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION, SAID POINT BEING DISTANT NORTH 89° 37' 50" 1162.58 FEET FROM THE INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE: OF SAID SECTION; THENCE SOUTH 69° 37' 30"WEST 184.58 FEET ALONG SAID SOUTH LINE; THENCE NORTH 0° 10' 15" WEST 1338.43 FEET PARALLEL WITH THE WEST LINE OF SAID SECTION TO THE NORTH LINE THEREOF; THENCE NORTH 89° 41' 15" EAST 184.30 FEET TO THE POINT OF BEGINNING, PARCEL 2: THE SOUTHERLY 91.00 FEET OF THE NORTHERLY 396.00 FEET OF THE WESTERLY 92.30 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA AS- fOLLOWS; BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 13 DISTANT NORTH 89° 41' 15" EAST, 1162.30 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 0° 10' 55" EAST, 1338.22 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION, SAID POINT BEING DISTANT NORTH 89° 37' S0" 1162.58 FEET FROM THE INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE OF SAID SECTION; THENCE SOUTH 89° 37' 30"WEST 184.58 FEET ALONG SAID SOUTH LINE; THENCE NORTH 0°10' 15" WEST 1338.43 FEET PARALLEL WITH THE WEST LINE OF SAID SECTION TO THE NORTH LINE THEREOF; THENCE NORTH 89° 41' 15" EAST 184.30 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM SAID SOUTHERLY 91.00 FEET, THAT PORTION INCLUDING WITHIN TRACT NO. 5090, AS SHOWN ON A MAP RECORDED IN BOOK 188, PAGES 9 AND 10 OF SAID MISCELLANEOUS MAPS. WHEREAS, the Clty Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 28, 2004 at 1:30 p.m., notice of said public hearing having been duly given as required bylaw and In accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to Cr\PC2004-074 -1- PC2004-74 hear and consider evidence for and against said proposed conditional use permit and io investigate and make findings and recommendations In connection therewith; and that said public hearing was continued tc the July 12 and July 26, 2004 Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 16.06.030.040.0402. 2. That the use, as conditioned, would not adversely affect the adjoining land uses and the growth and development of the area (n which it Is located based on the operational and security measures incorporated into the conditions of approval: 3. That the size and shape of the site for the use is adequate to allow full operation of a nightclub in a manner not detrimental to the area nor the peace health, safety, and general welfare. 4. That the traffic generated by the use would not impose an undue burden upon the streets an highways designed and improved to carry in the area since there is adequate on-site parking and circulation far a nightclub at this location: 5. That the granting of the conditidnal use permit under the conditions Imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That 4 people indicated their presence at said public hearing In oppositidn; and that one person spoke in favor at the said public hearing; and that nd correspondence was received In opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facil(ties), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation... NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the permit for the nightclub shall expire one (1) year from the date of this resolution omJWy 26, 2005. 2. That the landscape planters shall be permanently maintained with live and healthy plant materials. 3. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased andlor dead. 4. That the on-site landscaping and irrigation system shall be maintained In compliance with City standards. 5. That within thirty (30) days of approval of this resolution, a seating plan shall be submitted to the Fire Department for review and approval. Once approved, said plan shall be implemented within a period of time determined by the Fire Department and sfiall thereafter be maintained in conformance with said plan. &. That at all times when entertainment or danc(ng Is permitted, security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to -2- PC2004-74 prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 7. That any and all security officers provided shall comply with all State and Local ordinances regulatirig their services, including, without limitation, Chapter 11.5 of pivision 3 of the California Business and Profession Code (Section 4.16.070 Anaheim Municipal Code). 8. That all guests occupying the nightclub shall be at least 21 years of age. 9. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the alcoholic beverage licensee. 10. That all entertainers and employees shall be clothed In such a way as not to expose "specified anatomical areas" as described in Section 4.16.100.010 of the Anaheim Municipal Code. 11. That no "happy hour" or reduced price alcoholic beverage promotion shall be allowed at any time. 12. That the sale of alcoholic beverages for off-premises consumption sale not be permitted,. 13. That the petitioner shall not share any profits, or pay any percentagebr commission to a promoter or any other person, by means including but not limited to the fallowing: monies collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders, or the sale of drinks. 14. That there shall be no requirement to purchase a minimum number of drinks. 15. That signs shall be posted at all exits bf the premises of the prohibition of aldoholic beverages from leaving the confines of the establishment. 16. That alcoholic beverages shall not be included in the price of admission. 17. That no person under the age of 21 shall sell or deliver alcoholic beverages, 18. That the licensee(s) shall not maintain or construct any type of enclosed room intended for use by patrons or customers for any purpose. 19. That all doors serving the nightclub shall conform to Uniform Fire Code requirements end shall be kept closed at all times during operation of the premises except for ingress/egress, deliveries and emergencies. 20. That all existing and proposed roof-mounted equipment shall be completely screened from view in all directions by properly designed and mainfained design elements of the building. Said Information shall be specifically shown on plans submitted for Zoning Division approval. 21. That the appl(dant may retain 2 arcade devices, which are presently on the premises with issuance of the proper permits as required by the Anaheim Municipal Code. 22. That there shall be no live entertainment, amplified musld or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. '23. This condition was deleted at the public hearing. 24. That there shall be no exterior advertising of any kind or type, Including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 3- PC2004-74 25. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 26. That the parking lok serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval 27. Tha[ the business operator shall comply with Section 2420D.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, directly or Indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. 28. That there shall be no public telephones on the premises located outside the building. 29. That signage shall be limited to existing and approved signs. That temporary signs and other advertising devices shell not be permitted except when in connection with an approved Special Event Permit. 30. That no advertising or Identification of any type shall be permitted on any outdoor furniture or equipment including umbrellas, by Illustration, text or any other means of visual communication. 31. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 32. That four (4) foot high address numbers shall be displayed on the Flat area of the roof in a contrasting color to the roof material, provided the numbers shall not be visible from the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 33. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with approved plans on file with said Department. 34. That a plan sheet for solid waste storage and collection and a plan far recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 35. That an on-site trash truck tum-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said tum-around area shall be specifically shown on plans submitted for Streets and Sanitation Division approval 36. That the legal property owner shall submit an application, legal description and plat for a Subdivision Map Act Cert~cate of Compliance prepared by a Licensed land Surveyor or a Registered Civil Engineer authorized to practice land surveying. A Certificate of Compliance shall be submitted to the Public Works Department, Subdivision Section, approved by the City Engineer and recorded In the Ofrica of the Orange County Recorder within 18D days of the date of this resolution. 37. That the hours of operation shall be limited to 8 p.m. to 1:30 a.m., Wednesday through Sunday, as stipulated by the petitioner. 38. That subject property shall be developed substantially In accordance with plans and specifications submitted to the Clty of Anaheim by the petitionerand which plans are on file with the Planning Department marked Exhibit No. 1, as conditioned herein. -4- PC2004.74 3g. That within a period of one hundred twenty (120j days from the date of this resolution, the applicant shall obtain the appropriate ABC license (Type 48-Public Premisesj. 40. That there shall be quarterly Code Enforcement inspections to ensure compliance with conditions of approval. The cost of such inspections shall be paid by the; applicant in a timely manner. 41. That a sign plan shall be submitted to the Planning Services Division for review and approval directing patrons to parking in the rear of the facility. 42. That within 60 days from the date of this resolution, Condition Nos. 15, 19, 20, 26, 32, 33, 34, 35, 38 and 41 above mentioned, shall be complied with. • 43. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Clty Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions herelnabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 26, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY GAIL EASTMANI CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY PAT CHANDLERI SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Clty Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 26, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, VANDERBILT-LINARES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ROMERO VACANCY: COMMISSIONERS: ONE SEAT: IN W ITNESS WHEREOF, I have hereunto set my hand this day of 2004. 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I I j , Z O ~+ i I_____-_________ I O J J~ ~ M r r W Q ~ i ~_-__ U ~ ~ ~ J ~ Q W N o , I 3ntl 31tl0 _ ____, _ I I , ~+ ~ a I j ~+ ~ ~ I ~I r e ti ~ ~ I ~ ~~ r T ~ r na I I I I ante Novae j W __ w I ~ T W ~ ~ I O ~ U' _ ~ ~ m I K U I I o ~ I anvNa~sann I I I i ~ i~~ L. I ITEM NO. 4 A D Zoning Code Amendment 2005.00040 Requested By: CITY OF ANAHEIM ~~~~~ Subject Property Date: September 7, 2005 Scale: Graphic Q.S. No. City-wide REQUEST TO AMEND THE ZONING CODE PERTAINING TO THE ESTABLISHMENT OF BUILDING AND GROUND-MOUNTED TELECOMMUNICATION FACILITIES ON PUBLIC RECREATIONAL FACILITIES WITHIN THE SCENIC CORRIDOR OVERLAY, OPEN SPACE AND RESIDENTIAL ZONES, TO CLARIFY THE DEFINITION OF CERTAIN TYPES OF TELECOMMUNICATION FACILITIES, AND TO ADD STANDARD CONDITIONS OF APPROVAL TO THE TELECOMMUNICATION ANTENNA REVIEW PERMIT PROCESS. City-wide 1875 ITEM NO. 4 I .~ srC~ ,, , ,~ c ~ ~ ~ ~ ~', ' ~~,x ~ ,~ s ~` ~~ ~ a ~x v ~ '` r x ~a .' ~.- ~ ,miJ ,. ., Y ~ ~ '~ d$ ~ 11P1. tWy yy~ 6 r'.~s° 3 , ^~'~ !t i r.:~a v/ r, a n .W+~r ~ 4 a ~~, a ``wi ~ ~ Yf ~ rq 'a`~y,Y~' ~, 'E r n a ~ z ~'",3*'~s ~s ~ ~ ~ r 1, s., ~ ,~k~x wi, _2,~ , r ' ~ w a , a <. ~. ., '.. . , . rk'yi x n : ,, ` Date of Aerial Photo: May 2002 Zoning Code Amendment 2005-00040 Subject Property Date: September 7, 2005 Scale: Graphic Requested By: CITY OF ANAHEIM O.S. No. City-wide REQUEST TO AMEND THE ZONING CODE PERTAINING TO THE ESTABLISHMENT OF BUILDING AND GROUND-MOUNTED TELECOMMUNICATION fACILITIES ON PUBLIC RECREATIONAL FACILITIES WITHIN THE SCENIC CORRIDOR OVERLAY, OPEN SPACE AND RESIDENTIAL ZONES, TO CLARIFY THE DEFINITION OF CERTAIN TYPES OF TELECOMMUNICATION FACILITIES, AND TO ADD STANDARD CONDITIONS OF APPROVAL TO THE TELECOMMUNICATION ANTENNA REVIEW PERMIT PROCESS. City-wide ia~s (6}, Staff provided t > ofi the Telecom preliminary plaj result of a comj telecommunica result in a more Code more unc would also tree ~~ 3~~~ A " ~ tafeJ[t1A C~t4tiel+~,t~R ~~~ llx,'~+JXSW> /fS } X Y r~A(um ~esi`deaffn~ i"t-T-- .t '~i-f"` ~ ~ ~Ce4ieG{otFP ~?F ' .J f ~Y` I / J," ~ 6 ~RCit2 r '`~-'-T ` r,~.-;"~ :f<~tB~..~31tt '=~5'"~~at, '~~~ tURAI~~~ '+~ F ~~QYt$F 14 °.~,ut[G; Stealth- _ Telecommunications . . Telecommunications Telecommunications !Building- , Antenna Review Antenna Review Antenna Review i Mounted Not ermitted: Permit Re aired Permit Re aired Permit Re aired Stealth -Ground- Conditional Use '. Mounted i Not ermittedl Not ermittcd. Permit Re aired Nof ermitted. '. tcci wmu Stealth - Ground- . !Mounted Notoetmitted (7} The complete text of the proposed amend -set forth in Attachment Nos. 1d`'of the drs respective changes to each "Primary Use: "> Residential Zones}, 1'8.06 (Multiple-Family 'Zones}, 18.10 (industrial Zones); and 16:1 'reflect the changes indicated inlbold texfi included v}ithin Chapter 18.18 (Scenic Co telecommunications:facilities in a manner sensitivity!of structural height within the Si exception within the Overlay requiring a G [®RAFT] RESOLUTION NO. PC2005--°`° `" " A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND VARIOUS CHAPTERS OF TITLE 18 (ZONING CODE) OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO CLARIFICATION, PROCESSES AND DEFINITIONS REGARDING TELECOMMUNICATION FACILITIES (ZONING CODE AMENDMENT NO. 2005-00040) WHEREAS, the Zoning Cade was originally adopted in 1929 and has been updated a number of times over the years; and WHEREAS, pursuant to Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code, provisions of Title 18 may be amended whenever the public necessity and convenience and the general welfare require, when adopted by an ordinance of the City Council in the manner prescribed by law; and WHEREAS, in 2003, the Mayor directed the Community Services Department to assess the feasibility of working with telecommunication providers to establish facilities on City-owned parks to generate income to off-set park operating and maintenance costs.; and WHEREAS, in August 2004, the Community Services Department initiated the development of a standardized lease agreement that would be used City-wide for any telecommunications provider proposing to establish a telecommunication facility on a City-owhed park or other facility operated by the Community Services Department.; and WHEREAS, in May 2004, the Planning Commission approved a policy interpretation request pertaining to building-mounted telecommunication facilities within the SC (Scenic Corridor) Overlay Zone to determine that telecommunication facilities located oh athletic field lights in conjunction with a recreation facility (public park orcommunitybenter) be cohsidered "building-mounted°; and WHEREAS, the Zoning Code implements the General Plan; and WHEREAS, the Planning Commission makes recommendations to the City Council regarding Zbning Code Amendments; and WHEREAS, Zoning Code Amendment No. 2005-00040 is a request for Planning Commission to recommend to the City Council adoptioh of amendments to Title 18, Chapters 18.04 (Single:Family Residential Zones), 18.06 (Multiple-Family Residential Zones), 18.08 (Commercial Zones), 18.10 (Industrial Zones), 18.14 (Public and Special Purpose Zones) 18.18 (Scenic Comdor Overlay Zone) and Chapter 18.38 (Supplemental Use Regulations) of the Zoning Code, pertaining to the establishment of building and ground-mounted telecommunicatign facilities on public recreational facilities (parks and golf courses) within the Scenic Comddr Overtay, Open Space and Residential zones, to clarify the definition of certain types of telecommunication facilities, and to add standard conditions of approval to the Telecommunication Antenna Review Permit process, which amendments are attached hereto as attachments 1-7 td this Resolution, and which is incorporated herein by this reference as if set forth in full; which said attachments will be incorporated into a draft resolution for consideration by the City Council following a recommendation by the Planning Commission WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim do September 07, 2005, at 2:30 p.m.; notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against the Zoning Code Amendment no. 2004- 00040 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, having reviewed and considered the amendments to Chapters 18:04 (Single-Family Residential Zones), 18.06 (Multiple-Family Residential Zones), 18.08 (Commercial Zones), 18.10 (Industrial Zones), 18.14 (Public and Special Purpose Zones) 18.18 (Scenic Cr\PC2005-" -1- PC2005-*' Corridor Overlay Zone) and Chapter 18.38 (Supplemental Use Regulations) of the Zoning Code (Zoriing'Code Amendment No. 2005-00040), has determined that the public necessity and convenience and the general welfare require its amendment based upon the following findings: 1. That the proposed changes included in the Code Amendment are a result of a comprehensive review of the standards and processes applicable to telecommunication facilities throughout the City (within all zones), and such changes would result in a more consistent application of standards throughout the City, and make the Code more understandable and "user friendly" in both format and wording. . 2. ,That the proposed Code Amendment would also create more opportunities for the establishment of telecommunication facilities within the City, while maintaining a critical emphasis on the design and location criteria v~ithin the entitlement process for each facility, including facilities on publicly- owned parks and golf courses_ 3. That the proposed Cdde Amendments reflecFclarifications and refinements to reflect development factors and design trehds that have been identified since the adoption of the Comprehensive Zoning Code update in June, 2004. 4. That the proposed Code Amendment would implement the Mayor's direction to explore opportunities for constructing telecommunication facilities on City-owned parks and golf courses thereby providing revenues to assist in the operation and maintenance of park facilities. 5. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to amend Title 18, Chapters 18.04 (Single-Family Residential Zones), 18.08 (Multiple-Family. Residential Zones), 18.08 (Commercial Zones), 18.10 (Industrial Zones),. 18.14 (Public and Special Purpose Zones) 18.18 (Scenic Corridor Overlay Zone) and Chapter 18.38 (Supplemental Use Regulations) of the Zoning Code (Zoning Code Amendment No. 2005-00040), pertaining to the establishment of building and ground-mounted telecommunication facilities on public recreational facilities (parks and golf courses) within the Scenic Corridor Overlay, Open;Space and Residential zones, to clarify the definition of certain types of telecommunication facilities, and to add standard conditions of approval to the Telecommunication Antenna Review Permit process; and does hereby approve the Negative Declaration upon finding that the declarafion reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public Yeview process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Plahning Commission does. hereby recommend that an ordinance be prepared reflecting the proposed amendments to Title 18, Chapters 18.04 (Single-Family Residential Zones), 18.06 (Multiple-Family Residential Zones), 18.08. (Commercial Zones), 18.10 (Industrial Zones), 18.14 (Public and Special Purpose Zones) 18.18 (Scenic Corridor Overlay Zone) and Chapter 18.38 (SupplementalUse Regulations) of the Zoning Code (Zoning Cade Amendment No. 2005.00040), pertaining to the establishment of building and ground-mounted telecommunication facilities on public recreational facilities (parks and golf courses) within the Scenic Corridor Overlay, Open Space and Residential zones, to clarify the definition of certain types of telecommunication facilities, and to add standard conditions of approval to the Telecommunication Antenna Review Permit process, and that the City Council approve said Ordinance. -2- PC2005--'° THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM j I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 7, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _3_ PC2005--" C~3[AlP'~'~ Y~o® ~NGI,~® SLY S~~'~'IAL Z NHS Chapter 1~.0~ SINGLE-FAII~ILY RESI®ENTI,4L Z®~9ES Sections: 18.04.0] 0 18.04.020 18.04.030 18.04.040 18.04.050 18.04.060 18.04.070 18.04.080 18.04.090 18.04.100 18.04.110 18.04.120 18.04.130 18.04.]40 18.04.150 18.04.160 18.04.0] 0 Purpose. Intent of individual zones. Uses. Lot area. Lot width.. Lot depth and orientation. Structural heights. Floor area. Lot coverage. Structural setbaclts. Parking. Signs. Landscaping. Fences, walls and hedges. Refuse and recycling storage facilities. Development in the RS-4 Zone. PURPOSE.. The purpose of this chapter is to describe allowable land uses and property development standards, including density of development, for the single-family residential zones to create healthy, safe .and attractive neighborhoods in the City of Anaheim, consistent with the policy direction in the Anaheim. General Plan. The intent of each of the single-family residential zones is described below. 18.04.020 INTENT OF INDIVIDUAL ZONES. The single-family residential zones consist of the following. .010 "RH-1" Single-Family Hillside Residential Zone. The intent of the "RH-1" Single-Family Hillside Residential Zone is to provide an attractive, safe, and healthy environment of a spacious and semi-rural character with single-family dwelling units on a minimum lot size of forty three thousand five hundred sixty (43,560) square feet. This zone implements the Estate Residential land use designation in the General Plan. .0?0 "RH-2" Single-Family Hillside Residential Zone. The intent of the "RH-2" Single-Family Hillside Residential Zone is to provide an attractive, safe, and healthy environment of a spacious and semi-rural character with single-family dwelling units on a minimum lot size of twenty two thousand (22,000) square feet This zone implements the Estate Residential land use designation in the General Plan. .030 "RH-3" Single-Family Hillside Residential Zone. The intent of the "RH-3" Single-Family Hillside Residential Zone is to provide an attractive, safe, and healthy environment in keeping with the natural amenities and scenic resources of the area, with single-family dwelling units on a minimum lot size often thousand (10,000) square feet. This zone implements the Low Density Residential land use designation in the General Plan. 4-1 Anaheim Zoning Code Single-Family Residential Zones .040 "RS-1"Single-Family Residential Zone. The intent of the "RS-1" Single-Family Residential Zone is to pro~~ide an attractive, safe, and healthy environment with single-family. dwelling units on a nunimtiun lot size often thousand (10,000) square feet. This zone implements the Low Density Residential land use designation in the Goneral Plan. .050 "R5-2" Single-Family Residential Zone: The intent of the "RS-2" Single.-Family Residential Zone is to provide an attractive, safe, and healthy environment with'single-family dwelling units on a minimum lot size of seven thousand two hundred (7,200) square feet. This zone implements the Low Density Residential land use designation in the General Plan. .060 "RS-3" Single-Family Residential Zone. The intent of the "RS-3" Single-Family Residential Zone is to provide an attractive, safe, and healthy environment with single-family dwelling units on a minimum lot size of five thousand (5,000) square feet. This zone implements the Low Density Residential and Low-Medium Hillside Density Residential land use designations in the General Plan. :070 "RS-4" Single-Family Residential Zone. The intent of the "RS-4" Single-Family Residential Zone is to provide for and encourage the development ofhigh-quality resideritial units on small lots in order to provide additional housing choices and use land efficiently. This zone implements the Low-Medium Density Residential and Low-Medium $illside Density land use designations in the General Plan. 18.04.030 USES. .010 Primary Uses. Table 4-A (Primary Uses: Single-Family Residential Zones) identifies .allowable primary uses, listed by classes ofuses as defined in Section 18.36.030 and Section 18.36.040 of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 4-B (Accessory Uses and Structures: Single-Family Residential Zones) identifies allowable accessory uses and structures, listed by classes ofuses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). .030 Temporary Uses. Table 4-C (Temporary Uses and Structures: Single-Family Residential Zones) identifies allowable temporary uses and structures, listed by classes ofuses as defined in Section 18.36.060 of Chapter 1836 (Types of Uses): .040 The allowable uses in Tables 4-A, 4-B and 4-C for each zone are established bv_ letter designations as follows: 0401 "P" designates classes of uses permitted by right; 0402 "C" designates classes ofuses permitted with a conditional use permit; and 0403 "N" designates classes ofuses that are prohibited. .050 Interpreting Classes of Uses. The provisions for interpretirig the classes ofuses in Tables 4-A, 4-B or 4-C .are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). .060 Unlisted Uses. Any class of use that is not listed in Tables 4-A, 4-B or 4-C is not permitted. .070 Sites Formerly Used for Service Stations. In addition to the provisions of Table 4- A, any use of a building on a site that was formerly used as an automobile service station shall require a conditional use permit. 4-2 Anaheim Zoning Code Single-Family Residential Zones .080 Development in the "RS-4" Zone. All development in the "RS-4" Zone is subject to the provisions of Section 18.04.160 of this chapter. .090 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 4-A, 4-B and 4-C. Such provisions may include- references fo other applicable code sections or limitations to the specified land use. .100 Overlay Zones. Any property that is located within an overlay zone maybe subject to additional requirements as specified in the overlay zone. Table 4-A P Permitted by Right PRIMARY USES: SINGLE -FAMIL Y C Conditional Use Permit Requ ired RESIDENTIAL ZONES N Prohibited RH-I RH-2 RH-3 RS-1 RS-? RS-3 RS-4 Special Provisions Residential Classes of Uses Dwellings-Single-Family Detached P P P P P P C Mobile Home Parks N N N N N C N Residential Care Facilities P P P P P P P Non-Residential Classes of Uses Agricultural Crops P P N N N N N Antennas-Private Transmitting P P P P P P P Subject to §3 8.38.040 Antennas-Telecommunications- C C C C C C C Ooly allowed use is Stealth Buildine-Mounted snorts field liehtin~ located in miblidv owned parks or ~~oll' courses: subject to l S.3SA60 .4ntannas-Telecommunications- N - N - N - N N N N Ground-Mounted - Bed & Breakfast Inns N N N C C N N Mus[ be located on an arterial ' highway; subject to § 18.38.080 Beekeeping C N N N N N N Community & Religious Assembly C C C C C C N Convalescent & Rest Homes N N N C C C N Day Care Centers C C C C C C C Educatiotiallnstimtions-General C C C C C C C Golf Courses & Country Clubs C C C C C C N Group Care Facilities C C C C C C C Oil Production N N N N N C N Subject to §l8.3S.IS0 Public Services C C C C C C C Recreation-Low Impact C C C C C C C 4-3 Anaheim Zoning Code Single-Family Residential Zoues Table 4-A P Permitted by Right PRIMARY USES: SINGLE-FAiYIIL Y C Conditional Use Perm it Requ ired RESIDENTIAL ZO NES N Prohibited RH-1 RH-? RH-3 RS-t RS-? RS-3 RS-4 Special Provisions Transit Facilities C C C C C C C Utilities-Minor C C C C C C C Table 4-B P Permitted by Right ACCESSORY USES AND ST RUCTURES: C Conditional U se Permit Requ ired SINGLE-FAMILY RESIDEN TIAL ZONES N Prohibited RH-1 RII-2 RH-3 RS-1 RS-? RS-3 RS-4 Special Provisions Accessory Living Quarters P P P P P N N Subject to § 18.04.080.020 & § 18.38.020 Agricultural Workers Quarters P P N N N N N Requires a minimum lot size often (10) acres Animal Keeping P P P P P P P Subject to § 18.38.030 Antennas-Dish P P P F P P P Subject to § 18.38.050 (may require a CUP) Antennas-Receiving P P P P P P P Subject to § 18.38.050 Day Care-Large Family P P P P P P P Subject to § 18.38.140 Day Care-Small Fanuly P P P P P P P Fences&Walls P P P P P P P Subject to § 18.40.050; this use may occur on a • lot with or without a dwelling.. Greenhouses-Private P P P P P N N Home Occupations P P P P P P P Subject to § 18.35.130 Landscaping & Gardens P P P P P P P Subject to Chapter 18.46; this use may occur on a lot with or without a dwelling. Mechanical & Utility Equipment- P P P P P P P Subject to Ground Mounted § 18.38.160 4-4 Anaheim "Coning Code Single-Famil y Residential Zones Mechanical 3c Utility Equipment- N N N P P P P Subject to Roof Mounted § 18.38.170 Parking Lo[s & Garages P P P P P P P To sense needs of primary use only; 4-car limit for garages in RS-1 and RS-2 Zones Petroleum Storage-Incidental P P P P P P P Recreation Buildings & Structures P P P P P P P Second Units P P P I' P P N Subject to § 18.38.230 Solar Energy Panels P P P P P P P Must be mounted on the roof parallel to the rooPplane Senior Second Units C C C C C C N Signs P P P P P P P SubjecC to Chapter 18.44 4-5 ~"I'A~I-~ll~I~I~'I' 2 ~ DER I~®6m IJI~~'I lE®~~ II~Y SI ~l~T'I'IAI~ Zl~~ Chap~e~ 1 ~.®6 ~~LT~PL~~FA~IILY RES9®EF~°~6AL Z®f~ES Sections: 18.06.010 Purpose. 18.06.020 Intent of individual zones. 18.06.030 Uses. 18.06.040. Lot area. 18.06.050 Lot width. 18.06.060 Structural heights. 18.06.070 Floor area. 18.06.080 Site coverage. 18.06.090 Structural setbacks. 18.06.100. Recreational-leisure and storage areas. 18..06.110 Parking and loading. 18.06.120 Signs. 18.06.130 Landscaping. 18.06.140 Fences, walls and hedges. 18.06.150 Refuse storage and recycling ffacilities. 18.06.160 Residential planned unit development. 18.06.170 Community design element. 18.06.010 PURPOSE. The purpose of this chapter is to define allowable land uses and property development standazds, including density of development, for the multiple-family residential zones in order to produce healthy, safe, livable and attractive neighborhoods within the City of Anaheim, consistent with the policy direction in the Anaheim General Plan. The intent of each of the multiple-family residential zoning districts is described below. 18.06.020. INTENT OF INDIVIDUAL ZONES. The multiple-family residential zones consist of the following .010 "RM-1"Multiple-Family Residential Zone. The intent of the "RM-1"Zone is to provide an attractive, safe, and healthy residential corridor environment along arterial highways and facilitate the conversion of underutilized strip commercial azeas into housing. This zone also encourages planned residential development on minimum one (1) acre project sites for attached single-family townhouses, incorporating a rear access drive or service alley, with a minimum building site azea per dwelling unit of three thousand three hundred fifty (3,350) squaze feet: This zone implements the Corridor Residential land use designation in the General Plan. .020 "RM-2" Multiple-Family Residential Zone. The intent of the "RM-2" Zone is to provide an attractive, safe and healthy environment with townhouses and other low-rise attached single-family dwellings with a minimum building site area per dwelling unit of three thousand (3,000) square feet. This zone implements the Low-Medium Density Residential and Low-Medium Hillside Density Residential land use designations in the General Plan. (Ord.. 5944 § 3; Sept. 28, 2004) 6-1 Anaheim Zoning Code Multiple-Family Residential Zones :030 "RM-3" Multiple-Family Residential Zone. The intent of the "RM-3" Zone is to provide an attractive, safe, and healthy environment with multiple-family units with a minimum building site azea per dwelling unit of two thousand four hundred (2,400) square feet. This zone implements the Low-Medium Density Residential and Medium Density land use designations in the General Plan. .040 "RM-4" Multiple-Family Residential Zone. The intent of the "RM-4" Zone is to provide an attractive, safe, and healthy environment with multiple-family units with a minimum building site azea per dwelling unit of one thousand two hundred (1,200) squaze feet. This zone implements the Medium Density Residential land use designation in the General Plan. 18.06.030 i1SE5. .010 Primary Uses. Table b-A (Primary Uses: Multiple-Family Residential Zones)' identifies allowable primary uses, listed by classes of uses as defined in Sections 18.36.030 and 18.36:040 of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 6-B (Accessory Uses And Structures: Multiple-Family Residential Zones) identifies allowable accessory uses and structures, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types oFUses). .030 Temporary Uses. Table 6-C (Temporary Uses And Structures: Multiple-Family Residential Zones) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 6-A, 6-B and 6-C for each zone are established by letter designations as follows: .0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a condifional use permit;-and .0403 "1`l" designates classes of uses that are pcohibited:~, az~d .0404 "T" designates classes of uses permitted with a telecommunications antenna review permit. .050 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 6-A, 6-B and 6-C aze set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). .060 Unlisted Uses. Any class of use that is not listed in Tables 6-A, 6-B or 6-C is not pemritted. .070 Sites Formerly Used for Service Stations. In addition to the provisions of Table 6- A, any use of a building that was formerly used as an automobile service station shall require a conditional use permit .080 Development in the "RM-1" Zone. All development in the "RM-1"Zone is subject to the provisions of Section 18.06.160 of this chapter. .090 Conversion of Existing Multiple-Family Structures. Any person, firm, partnership, corporafion or other entity proposing to convert existing multiple-family dwellings (including apartments) or attached single-family dwellings or like structures to a condominium or other common interest development as defined in Section 1351 of the 6-2 Anaheim Zoning Code Multiple-Family Residential Zones California Civil Code, shall first apply for and obtain the Planning Commission's approval of a conditional use permit pursuant to Chapter 18.60 (Procedures) and Chapter 18.66 (Conditional Use Pernuts) and, where applicable, a tentative map pursuant to the provisions of this subsection, Chapter 18.60 and Chapter 17.08 (Subdivisions) of Title 17 {Land Development and Resources).. .0901 Conditional Use Permit. Before the Planning Commission approves a conditional use permit to convert existing multiple-family dwellings, as described above, to a condominium or other common interest development, it shall make the following findings: .O1 Thaf the project complies with the General Plan, including the Land Use Element; .02 That the existing structures and other improvements conform to the site development standazds for the underlying zone or any applicable specific plan; .03 That the existing structures and other improvements'aze in compliance with the Uniform Building Code and other applicable codes as adopted by the City of Anaheim; .04 That the vehicular and pedestrian access are adequate; .OS That the size and shape of the site proposed for the use aze adequate to allow full development of the proposal in a manner not detrimental to the particular azea; .06 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea; and .07 That granting the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. .0902 Tentative Map. A tentative tract map, or pazcel map where appropriate, showing the extent of the proposed subdivision including the total number of condominiums, the total number of lots including any airspace or three-dimensional portions, the public and private streets, private and common areas, and all buildings and structures thereon, shall be submitted to the City for its review and approval; .and that a final tract map (or parcel map where appropriate) of the subdivision shall be submitted for approval to the City Council and recorded in the Office of the Orange County Recorder; .0903 Maintenance Covenant. )f the ownership of part or all of the existing multiple-family dwellings, as described above, proposed to be converted to a condominium or other common interest development, is proposed to be subdivided into any foim of joint group/individual ownership (i.e., exclusive right of occupancy or interest in any portion of the development coupled with an undivided interest in any portion of the development, including airspace or three-dimensional subdivisions), the corporation or limited partnership shall have the responsibility to maintain the buildings and use of the property for residential development. All mutually available features such as recreational azeas, community buildings, landscaping, as well as the general appeazance of the premises and buildings shall be adequately and professionally maintained. 6-3 Anaheim Zoning Code Multiple-Family Residential Zones .100 Special Provisions. Additional requirements related to a use are referenced in the "Special Provisions" column of Tables 6-A, 6-B and 6-C. Such provisions may include references to other applicable code sections or limitations to the specified land use. .110 Overlay Zones. Any property that is located within an overlay zone maybe. subject to additional requirements as specified in the overlay zone. - Table 6-A PRYMARY USES: IVIITl.TI1'LE-FAMYLY RES%DENTTAr. ZONES RM-1 RM- P Permitted by Righ4 C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required 2 RM-3 RM-0 Special Provisions Residential Classes otUses Dwellings-Multiple Family C P P P Subject to §18.38.100; affordable housing maybe developed pursuant to Chapter 18.50 Dwellings-Single-Fanuly Attached C P C C Dwellings requiring a conditional use permit are subject to § 18.06.160 Dwellings-Single-Fannly Detached N P P P (a) Allowed only when combined with single-family attached dwellings within the same project or(b) one single-family detached dwelling allowed on one legal lot inexistence on the effective date of this chapter using the RS-2 and RS-3 zone based on lot size Mobile Home Parks N C C C Residential Care Facifi6es P P P P Senior Citizeu Housing C C C C Subject to Chapter 18.50 Non-Residential Classes of Uses Antennas-Broadcasting C C C C Antennas-Private Transmitting C C C C Subject to § 18.38.040 Antennas-Telecommunications= 6T ET ET liT Subject to g§18.38.060 and Stealth Building-Mounted 18.62.020 Antennas-Telecommunications- C C C C .Subject to S 18.38:060 Stealth Ground-Mounted Anteimas-Telecommunications- N N N N Subject to f 18.38.060 Ground-Mounted Bed & Breakfast Lens N C C C Subject to § 18.38.080 Community & Religious Assembly C C C C Convalescent & Rest Homes N N N C Day Care Centers C C C C Educational Institutions-General N N C C 6-0 Anaheim Zoning Code Multiple-Family Residential Zones Table 6-A PRIMARY USES: MULTIPLE-FAMILY RESIDENTIAL ZONES P C N T Permitted by Right Conditional Use Permit Required Prohibited Telecommunications Antenna Review Permit Required RM-I RM-2 RM-3 RM-4 Special Provisions Golf Courses & Country Clubs N N C C _ Group Care Facilities C C C C Oil Production N C C C Subject to § 18.38.180 Public Services C C C C Recreation-Low-Impact C C C C Recreation -Swimming & Tennis C C C C Room & Board C C C C Transit Facilities C C C C Utilities-Minor C C C C 6-5 A'~C~A~II~ ~N~ 3 C AF'~'~ loo®~m ~ ~l~C - ~. ZI~~S chapter 18.0 C®l1~NYERCIAL ~®N~S Sections: 18.08.010 Purpose. 18..08.020 Intent of individual zones. 18.08.030 Uses 18.08.040 Site and building area. 18.08.050 Structural heights. 18.08.060 Structural setbacks. 18.08.070 Parking and loading. 18.08.080 Signs. 18.08.090 Landscaping. 18.08.100 Fences, walls and hedges. 18.08.110 Refuse storage and recycling facilities. 18.08.010 PURPOSE. The purpose of this chapter is to define allowable land uses and property development standards, including intensity of development, to provide for and encourage the orderly development of safe, attractive and healthy commercial areas within the City of Anaheim, consistent with the policy direction in the Anaheim General Plan. 18.08.020 INTENT OF INDIVIDUAL ZONES.` .010 "C-G" General Commercial Zone. The intent of the "C-G" Zone is to allow a variety of lahd uses, including'some identified for the Neighborhood Center Commercial zone described below. Areas designated as "C-G" General Commercial do not necessarily serve the adjacent neighborhood or surrounding clusters of neighborhoods. In addition to some of the uses described in the commercial centers zones, they typically include highway-serving uses such as fast food restaurants, auto-oriented uses such as tiTe stores and auto parts stores, and stand-alone retail uses. This zone implements the General Commercial land use designation in the General Plan. .020 "C-NC"Neighborhood Center Commercial Zone. The intent of the "C-NC" Zone is to serve surrounding neighborhoods. It is intended to provide convenience uses such as grocery stores, drug stores, sporting goods stores, small retail stores, hair salons, dry cleaners, nail salons, hardware stores (excluding big-box retail), appliance stores, neighborhood- serving restaurants, bakeries, banks, specialty shops, and civic uses such as fire stations, post offices; community centers, and child care centers. It is intended to encourage clusters of commercial uses, not strip commercial development. Projects should be compatible in scale and design with adjacent residential areas and should be designed to encourage pedestrian usage. Properties located within the "C-NC" Zone are typically one (1) to fifteen (l5) acres in size. This zone implements the Neighborhood Center land use designation in the General Plan. :030 "C-R" Regional Commercial Zone. The intent of the "C-R" Zone is to serve a larger area than the "C-NC" Zone and to include some regional commercial uses. Allowable uses could include national retail chains, department stores, specialty stores, theatres, S-1 Anaheim Zoning Code Commercial Zones regional-serving restaurants, and big-box retail. The "C-R" Zone also allows for limited professional offices. Properties located within the "C-R" Zone are typically eight (8) to sixty- five (65) acres in size. This zone implements the Regional Commercial land use designation in the General Plan. .040 "O-L" Low Intensity Office Zone. The intent of the "O-L" Zone is to provide for a variety oflow-intensity office uses that are typically three (3) stories or less, including local branches of financial institutions, legal services, insurance services, real estate, consulting services, professional offices, and medical or dental offices and support services. This zone implements the Office-Low land use designation in the General Plan.. .050 "O-H"High Intensity Office Zone. The intent of the "O-H" Zone is to provide for higher density office uses that have at least four (4) stories. This zone is intended to be applied in areas planned for more concentrated urban uses such as The Platinum Triangle, or in lcey locations at potential transit locations, major intersections, or in close proximity to activity centers such as the Community College in the North Euclid Street area. This zone implements the Office-High land use designation in the General Plan. 18.08.030 USES. .010 Primary Uses. Table 8-A (Primary Uses: Commercial Zones) identifies allowable primary uses, listed by classes of uses as defined in Section 18.36.030 and Section 18.36.040 of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 8-B (Accessory Uses :and Structures: Commercial Zones) identifies allowable accessory uses and structures, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). .030 Temporary Uses. Table 8-C (Temporary Uses and Structures: Commercial Zones) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 8-A, 8-B and 8-C for each zone are established by letter designations as follows: .0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a conditional use permit;-anal .0403 "N" designates classes of uses that are prohibited:: and .0404 "T" designates classes of uses permitted with a teleconununicatioi~s antenna review permit :050 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 8-A, 8-B or 8-C are set forth in Section 18.36:020 (Classification of Uses) of Chapter 1S.36 (Types of Uses). .060 Urilisted Uses. Any class of use that is not listed in Table 8-A, Table 8-B, or Table 8-C is not permitted. .070 Sites Formerly Used for Service Stations. In addition to the provisions of Table 8- A, any use of a building or service station canopy on a site that was formerly used as an automobile service station shall require a conditional use permit. 8-2 Anaheim Zoning Code Conunercial Zones .080 Conversion of Residential Stnictures. In addition to the provisions of Table 8-A, the conversion of a residential structure within the "C-G" or "O-L" zone to a commercial use requires a conditional use permit and compliance with Section 18.38.110 (Conversion of a ~~ Residential Structure) of Chapter 18.38 (Supplemental Use Regulations). .090 Destroyed Homes. Notwithstanding the provisions of Table 8-A, a legally established single-family residence, existing on the date of adoption of the ordinance`codified in this subsection, that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy, may be reconstructed subject to development standards contained within either the RS-2 or RS-3 Zone, based on lot size, provided that a complete acrd proper application for a building permit is filed with the Building Division within two (2) years of the date of the event that caused the damage or destruction. .100 Commercial Retail Centers. No combination of otherwise permitted uses that constitute a "commercial retail center" as defined in Chapter 18.92 (Definitions) shall be permitted tmless a conditional use permit is obtained pursuant to Chapter 18.66 (Conditional Use Permits). .110 Temporary Modular Units. All uses that are conducted with temporary modular units shall obtahi a conditional use pernlit pursuant to Chapter 18.66 (Conditional Use Permits). 120 Operational Characteristics. Uses shall be conducted as set forth in this section. .1201 All uses except the following shall be conducted wholly witlun a building; normal service station operations; those uses whose description in Chapter 1836 (Types of Uses) allows for outdoor activities; and those uses specifically allowed by this chapter to have outdoor activities. 1202 All uses shall be conducted in a manner so as not to be objectionable by reason of noise, odor, dust, fumes, smoke, vibrations, excessive lighting (glare) or other similar causes. .130 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 8-A, 8-B acid B-C. Such provisions may include references to other applicable code sections or limitations to the specified land use. .140 Overlay Zones. Any property that is located within an overlay zone maybe subject to additional requirements as specified in the overlay zone. Table 8-A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N Prohibited T Telecommunications Antenna RevieSv Permit Required C-NC C-R C-G 0-L O-H Special Provisions Residential Classes of Uses Mobile Home Parks N N C N N 8-3 Anaheim Zonine Code Commercial Zones Table 8-A P Permitted by Right PRIMARY USES: COMMERC IAL ZONES C Conditional Use Per mit Required N P rohibited I' 'f eleconunu nicatinns Antenna Review I'ermif Rcouired " " C-NC C-R C-C O-L O-H Special Provisions Senior Citizens' Housing C C C N N Senior Citizens' Apartment Projects subject to Chapter 18.50 Non-Residential Classes of Lises Alcoholic Beverage Sales-OfP-Sale C C C N N Conditional use permit not required if use is in conjunction with Markets-Large Alcoholic Beverage Sales-On-Sale C' C C C C Ambulance Services N C C N N Animal Boarding N N C N N Animal Grooming P N P N N Antennas-Broadcasting C C C C C Antennas-Telecommunications_ E"f FT CT FT' 6"T Subjectto§18.38.060 StealfltBuildine-Mounted and 18.62.020 .Antemuis-=telecommunications- C C C C C S_ubjectto$I8.3S.060 Stealth Ground-Mourned Antennas-Telecommunications- N N N. N N_ Subiectto r;1S38.060 Ground-Mounted Automotive-Car Sales & Rental N N C N N Subject to § 18.38.200 Automotive-Public Parlting C C C C C Automotive-Parts Sales C P P N N Automotive-Repair and C C C N N Modification Automotive-Service SCations C C C C C Subject to § 18.38.070 Automotive-Washing N C C C C In O-L and O-H Zones, must be accessory to an Automotive-Service Station use Bars & Nightclubs C C C C C In O-L and O-H Zones, must be accessory to an Office use Bed and Breakfast Inns C C C C C Subject to § 18.38,080 Billboards N N C N N Boat & RV Saes N N C N N Subject to § 18.38.200 Business & Financial Services P P P P P Cemeteries N N C N N Commercial Retail Centers C C C N N Community & Religious Assembly C C C C N 8-4 Anaheim Zoning Code Conm~ercia] Zones Table 8-A P Permitted by Right PRIMARY USES: COMMERCL4L ZONES C Conditional Usc Permit Required N Prohibited 3' Telecommunications Antemui Iievier~~ Permil Required C-NC C-R C-G O-L O-H Special Provisions Computer Intemei & Amusement N C C N Facilities Convalescent & Resi Homes N N C N Convenience Stores C C C C N N C Subject to §I8.38.110; in O-L and O-H Zones, shall be accessory to an Office use Dance & Fitness Studios-Large N C C C N Dance & Fitness Smdios-Small P P P P C Day Care Centers C C C C C Drive-Through Facilities C C C C C Educational institutions-Business P P P P P Educational Institutions-General N C C N C Equipment Rental-Large N C C N N Equipment Rental-Small C P P N N Group Care Facilities C C C C C Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N Markets-Large P P P N N Markets-Small C C C C C Medical & Dental Offices P P P P P Mortuaries N N P N N Offices P P P P P Personal Services-General P P P P P In O-L and 0-H Zones, must be integrated within an office building Personal Services-Restricted C C C C C In O-L and O-H Zones, must be accessory to an Office use Plant Nurseries N C P N N Subject to § 18.38.190 and § 18.38100 Fublic Services C C P C C Recreation-Bowling & Billiards C C C N N Recreation-Commercial Indoor C C C N N Recreation-Commercial Outdoor C C C C C 8-5 Anaheim Zoning Code Commercial Zones Table 8-A P Permitted by Right PRIMARY USES: COMbIEI2CIAL ZONES C C onditional Use Per mit Required. N Prohibited T 1 'elecomnx micatian s Antenna Review Permit Required C-NC C-R C-G O-L O-H Special.Provisions Recreation-Low Impact C C C N N Recreation-Swimming & Tennis C C C C C Recycling Services-Consumer P P P N N Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval Repair Services-General P N P N N Repair Services-Limited P P P N N Research & Development N C C C P Restaurants-Drive-Tluough N C C C C Subject to § 15.38.220 Restaurants-General P P P C C Subject to § 18.38.220 Restaurant-Semi-Enclosed C C C C C Subject to § 18.38.220 Restaurants-Walk-Up C C C C C Retail5ales-General P P P N N Retail Sales-Kiosks C C C C C Retail Sales-Outdoor C C C N N Subject to §18.38.190 and §18.38.200 Retail Sales-Regional N P C N N Retail Sales-Used Merchandise P P P N N Room & Board N N C N N Self Storage N N C N N Sex-Oriented Businesses N N P N N Subject to Chapter 18.54 Studios-Broadcasting C C P C C Studios-Recording N N P N N Transit Facilities C C C C C Utilities-Major C C C N C Utilities-Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building's entrance Veterinary Services C C C N N Wholesaling N C C N N Shall be accessory to a Retail Sales use 8-6 ~~~~ ~~ Chapter '~ 8.10 IN®~DS1'RIAL Z®~9E Sections: 18.10.010 Purpose. 18.10.020 Intent. 18.10.030 Uses. 18.10.040 Site area. 18.10.050 Building heights. 18.10.060 Building setbacks. 18.10.070 Parking and loading. 18.]0.080 Signs. 18.10.090 Landscaping. 18.10.100 Fences, walls and hedges. 18.10.]10 Refuse storage and recycling facilities. 18.10.0]0 PURPOSE. The purpose of this chapter is to define allowable land uses and property development standazds, including intensity of development, for the industrial zone in order Yo produce healthy, safe, and attractive neighborhoods within the City of Anaheim, consistent with the policy direction in the Anaheim General Plan. The intent of the industrial zone is described below. 18.10.020 INTENT. The intent of the "I" Industrial zone is to provide for and encourage the development o£ industrial uses and their related facilities, recognize the unique and valuable existing industrial land resources, and encourage industrial employment opportunities within the City. Targeted industries include research and development, repair services, wholesale activities, distribution centers, and manufacturing and fabrication. In some situations, other types of uses are allowed with a conditional use permit. This zone implements the Industrial land use designation in the General Plan. 18.10.030 USES. .010 Primary Uses. Table 10-A (Primary Uses: Industrial Zone) identifies allowable primazy uses, listed by classes of uses as defined in Section 18.36.030 and Section 18.36.040 of Chapter 18.36 (Types of Usas). .020 Accessory Uses: Table 10-B (Accessory Uses and Structures: Industrial Zone) identifies allowable accessory uses and struchires, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). :030 Temporary Uses. Table 10-C (Temporary Uses and Structures: Industrial Zone) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 10-A, 10-B and 10-C for this zone are established by letter designations as follows: 10-1 Anaheim Zoning Code Industrial Zone .0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a conditional use permit;~t# .0403 "N" designates classes of uses that are prohibited.-; and .0404 "T° desi«nates cl~tsse~ of uses uennittcd with ~t teleconwiunicuions autennure~iew~nii. :050 h~terpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 10-A, 10-B or 10-C are set forth in Section 1536.020 (Classification of Usesj in Chapter 1836 (Types of Uses). .060 Unlisted Uses. Any use class that is not listed in Tables 10-A, 10-B or 10-C is not permitted. .070 Sites Formerly Used for Service Stations. Notwithstanding the provisions of Table 10-A, any use of a building or service station canopy that was formerly used as an automobile service station shall require a conditional use permit. .080 Temporary Modular Units. All uses that are conducted with temporary modular traits shall obtain a conditional ase permit pursuant to Chapter 18.66 (Conditional Use Permits). .090 Destroyed Homes. Notwithstanding the provisions of Table 10-A; a legally established single-family residence, existing on the date of adoption of the ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or Act of God, or of a public enemy, maybe reconstructed subject to development standards contained within either the "RS-2" or "RS-3" Zone, based on lot size, provided that a complete and proper application for a building permit is filed with the Building Division within two (2) years of the date of the event that caused the damage or destruction. .100 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 10-A, 10-B and 10-C. Such provisions may include references to other applicable code sections or limitations to the specified land use. Table I O-.4 P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited T Telecommuuicatinns Antenna Review :Permit Required I Special Provisions Residential Classes of Uses Mobile Home Parks Non-Residential Classes of Uses Agricultural Crops Alcoholic Beverage Sales-Off-Sale Alcoholic Beverage Sales-On-Sate Ambulance Services C P C C P lp-2 Anaheim Zoning Code hrdustrial Zone Table IO-.A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited " T 'pelecommm~ica turns Antenna Revietc Permit 12epuircd I Special Provisions .. Animal Boarding C Animal Grooming C Antennas-Broadcasting C Antennas-Teleconununieations_ C"I' Subject to ~§18.38.060 and 1 S.fi2.0211 StcaltL Buildim_-Mounted .Aiuermas-Telecommuoieations- C Subject to 618.38.060 Stealth Ground-Mounted :linennas-7eleconununications- A Subject to $18.. S.O(iQ. Ground-:;\~l ountcd Automotive-Car Sales & Rentals C Subject to § 18.38.200 Automotive-Impound Yards C Subject to §18.38.200 Automotive-Public Parking C Automotive-Parts Sales C Automotive-Repair and Modification C Automotive-Service Stations C Subject to §18.38.070 Automotive-Washing C Bars & Nightclubs C Billboards C Subject to Chapter 18.44 Boat & RV Sales C Subject to §18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to § 18.38.190 and § 18.38.200 Business & Financial Services C Community & Religious Assembly C ' Dance & Fitness S[udios-Large C Dance & Fitness Studios-Small C Day Care Cen[ers C Drive-Through Facilities C EdueationalInstitutions-Business C Educational Institutions-General C Equipment Rental-Large C Conditional use permit not required if conducted entirely indoors (Ord. 5944 § 8; Sept. 28, 2004) Equipment Rental-Small Helipads & Heliports Flospi[als Hotels & Motels Industry-Limited P C C C P ]0-3 Anaheim Zoning Code htdusnial Zone Table 10-A P Permitted by Right PRIMARY USES: INDUSTRL4L ZONE C Conditional Use Permit Required N Prohibited _ , ._ T 'relecommunic:rtiorts Antenna Revietr Permit Required .' I Special Provisions Industry-General C Junkyards C Subject to § 1838.200 Mortuaries C Offices-Development P Offices-General C Permitted without conditional use pemvt only if accessory to an industrial or other primary permitted use Oil Production C Subject to § 18.38.180 Outdoor Storage Yards C Subject to §1$.3$.200 Personal Services-General C Personal Services-Restricted C Plant Nurseries P Subject Yo § 15.38.190 and § 18.38.200; Retail only requires a conditional use permit Public Services P Recreation-Bowling & Billiards C Recreation-Commercial Indoor C Recreation-Commercial Outdoor C Recreation-Low-Impact P Recreation-Swimming & Tennis C Recycling Services-Consumer P Recycling Services-General C Recycling Services-Processing C Repair Services-Genera] P Repair Services-Limited C Research & Development P Restaurants-Dtive-Through C Restaurants-General C Restaurants-Semi-Enclosed C Restaurants-Walk-Up C Retail Sales-General C Retail Sales-Outdoor C Self Storage C SeY-Oriented Businesses P Studios-Broadcasting P Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval Subject to Chapter 18.48 Subject to Chapter 1$.48 Subject to §18.38.220 Fast-Food and Take-Out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; Subject to §18.38.220 Subject to §18.38.220 Industrially-related only Subject to §18.38.190 and §18.38.200 Subject to Planning Commission Policy Subject to Chapter ] 8.54 1D-4 Anaheim Zonine Code Industrial Zone Table 10-A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required 1\ Prohibited '°. 'P 'I'elecoummnicatinns Anteama Recie~r Permit 12enuired I Special Provisions Studios-Recording P Towing Services P Transit Facilities C Truck Repair & Sales C Subject to § 18.38.200 Utih[ies-Major C Utilities-Minor P Veterinary Services C Warehousing ~ Storage-Enclosed P Wholesaling P 10-5 A~" lI'A~[M1E1~7I' S ~[A~'~'E l~®~: P~JI~~~~ ANA Chapter 1 ~.'~ 4 Pli~L9C e4iU® SP~CIAL~PIJRP®SE Z®NES Sections; 18.14.010 18.14.020 18.14.030 18.14.040 18.14.050 18.14.060 18.14.070 18.14.080 18.14.090 18.14.100 18.14.110 18.14.120 18.14.130 18.14.140 18.14.150 18.14.160 Purpose. Intent of individual zones. Uses. Lot area. Lot width. Lot depth .and orientation. Structural heights.. Floor area. Lot coverage. Structural setbacks. Structural location and orientation. Parking and loading. Signs. Landscaping. Fences, walls and hedges. Refuse storage and recycling facilities. 18.]4.010 PURPOSE. The purpose of this chapter is to define allowable land uses and property development standards, including intensity of development, for the public, semi-public, and special- purpose zones in order to produce healthy, safe, and attractive neighborhoods within the City of Anaheim, consistent with the policy direction in the Anaheim General Plan. The intent of each of the public and special-purpose zones is described below. 18.14.020 INTENT OF INDIVIDUAL ZONES. .010 "OS" Open Space Zone. The intent of the "OS" Zone is to protect and preserve open space for the preservation of natural resources, for the conservation and managed production of other resources, for outdoor recreation and education and for public health and safety. This zone is intended to be applied to permanent easements, public and semi-public land and agricultural land. This zone implements the Open Space designation in the General Plan. .020 "PR" Public Recreational Zone. The intent of the "PR" Zone is to establish for the benefit of the health, safety and general welfare of the citizens of Anaheim and its visitors, a zone to preserve, regulate and control the orderly use and enjoyment of City-owned properties .and facilities and adjacent private property. Property within the purview of the Public Recreational Zone includes (a) City-owned property, whether the same is exclusively occupied by the City or is used by others on the basis of some agreement with or concession by the City, and (b) adjacent private property, whose use and development has an impact on the use and enjoyment ofCity-owned property and facilities. This zone implements the Parks and Water Uses land use designations in the General Plan. 14-1 Anaheim Zoning Code Public and Special-Purpose Zones .030 "SP" Semi-Public Zone. The intent of the "SP" Zone is to provide locations for uses that support civic, governmental, cultural, health, educational, recreational, and _ infrastructure uses of the community, but have limited commercial uses. In some situations, other types of complementary uses are allowed with a use permit. This zone impletnenis the Institutional, Parl<s, Schools, and Water Uses land use designations in the General Plan. .040 "T" Transition Zone. The intent of the "T" Zone is to provide for a zone to include land that is used for agriculhiral uses, in a transitory or interim use, restricted to limited uses because of special conditions, or not zoned to one of the zoning districts in this title For whatever reason, including recent annexation. 18.14.030 US>;S. .010 Primary Uses. Table 14-A (Primary Uses: Public and Special-Purpose Zones) identifies allowable primary uses, listed by classes of uses as defined in Sections 18.36.030 and 18.36.040 of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 14-B (Accessory Uses and Structures: Public and Special- Purpose Zones) identifies allowable accessory uses and structures, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). .030 Temporary Uses. Table 14-C (Temporary Uses and Structures: Public and Special-Purpose Zones) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 14-A, 14-B and 14-C for each zone are established by letter designations as follows: .0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a conditional use permit;-and .0403 "N" designates classes of uses that are prohibited:: and. .0404 "T" desi_nates classes of uses nennitted with a telecoimnuriications antenna review nermt. .050 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 14-A, 14-B, or 14-C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses): .060 Unlisted Uses. Any class of use that is not listed in Tables 14-A, 14-B or 14-C is not permitted.. .070 Sites Fornerly Used for Service Stations. In addition to the provisions of Table 14-A, any use of a building or canopy that was formerly used as an automobile service station shall require a conditional use perniit. .080 Temporary Modular Units. All uses that are conducted with temporary modular units shall obtain a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .090 Additional Uses in "PR" Zone. The following provisions apply within the "PR" Zone. 14-2 Anaheim Zoning Code Public and Special-Purpose Zones .0901 In addition to the provisions ofTables 14-A, 14-B or 14-C and consistent with the intent of the "PR" Zone, the following uses, either singly or in combination, are allowed by right as primary uses: .O1 Aquatic recreational complexes, 02 Convention center complexes; .03 Municipal auditoriums; 04 Parks, greenbelts, conservation areas and open space; and .OS Stadium and sports azena complexes. .0902 Notwithstanding the provisions ofTables i4-A, 14-B or ]4-C, the City may allow any other buildings, structures and uses in the "PR" zone as the City Council or Planning Commission, by resolution, determines are for the benefit of the health, safety and general welfare of the citizens of Anaheim. Such buildings, structures and uses maybe permitted in the "PR" zone subject to the conditions and required showings of Chapter 15.66 (Conditional Use Permits). .100 Specia] Provisions. Special provisions related to a ttse are referenced in the "Special Provisions" column ofTables 14-A, 14-B and 14-C. Such provisions may include references to other applicable code sections or limitations to the specified ]and use. .110 Overlay Zones. Any property that is located within an overlay zone maybe subject to additional requirements as specified in the overlay zone. Table 14-A PRIMARY USES: PUBLIC AND SPECIAL- PURPOSE ZONES P Permitted by Right C Conditional Use Permit Required N Prohibited T Telecommunications Antena Revie~e Permit Required OS PR SP T Special Provisions Residential Classes of Uses Dwellings-Single-Family Detached N N N • P Mobile Home Parks N N N C Senior Citizen Housing N N N C Senior Citizens' Apartment Projects subject to Chapter 18.50 Non-Residential Classes of Uses Agricultural Crops P N N P Alcoholic Beverage Sales-On-Sale N C C C In the "T"' Zone, only in conjunction with a Community and Religious Assembly use. Ambulance Sen~ices N N N C Animal Boarding C N N C Antennas-Broadcasting N N N C 14-3 Anaheim Zoning Code Public and Special-Purpose Zones _._ Table 14-.4 P Permitted by Right PRIM.4R1' USES: PUBLIC AND SPECIAL- C Conditional Use Permi t Required PURPOSE ZONES N Proh ibited T "felec onnuunic ations.4 utena Revicrv Permit Required OS PR SP T Special Provisions Antennas-Private Transmitting N N N C Subject [o § 18.38.040 Antennas-Teleconunugications= NT FT ET C"i~ Subject to ~§ 18.38.060 S[eal[h Buildine-~l9nunted and 15.62.p30 :Antennas-Telecnmmunica[ions- C' L' C C_ Subiect to ~41S.3SU60 Stealth Ground-Mounted Antennas=felettttnmmaications- N - N N ?h Subiect to F153896U Ground-Mounted Automotive-Public Parking N P C N Automotive-Service Stations N N N C Subject to § 18.38.070 Automotive-Washing N N N C Bed and Breakfast Inns N N C C Subject to $18.38.080 Beekeeping N N N C Cemeteries C N C C Community & Religious Assembly N N C C Convalescent & Rest Homes N N N C Convenience Stores N C C C Subject to §18.38.1]0 Dance & Fitness Studios-Small N C N N Day Care Centers N C C C Educational Institutions-Business N C P C Educational Institutions-General N C P C Golf Courses & Country Clubs C P P C Only allowed use in PR Zone is municipally owned golf course Group Care Facilities N C C N Helipads N N C N Hospitals N N C C Hotels & Motels N C N C Mortuaries N N N C Oil Production N N N C Plant Nurseries P C C N Public Services N P P P Recreation-Bowling & Billiards N C C C Recreation-Commercial Indoor N C C C Recreation-Commercial Outdoor N P C C Subject to §15.38.180 Subject CO §18.38.190 and §18.38?00 Within the T Zone, use is subject to Subsection .120 below 14-4 Anaheim Zoning Code Public and Special-Purpose Zones Table 14-A P Permitted by Right PRIMARY USES: PUBLIC AND SPECIAL- C Conditional Use Permit Required PURPOSE ZONES N Prohibited T 1'clecomnuminHlons Anteua Review 1'ernut Required OS PR SP T Special Provisions Recreation-Low-Impact C P C C Recreation-Swinuning & Tennis N P C C Recycling Services-Consumer N P P P Subject to Chapter 18.48; reverse vending machines located entirely within a stmcture do not require any zoning approval Recycling Services-General N N N C Subject to Chapter 18.48 Restaurants-Drive-Tluough N N C N Subject to §15.38.220 Restaurants-General N C C C Subject to§18.38.220 Restaurants-Semi-Enclosed N C C C Subject to §18.38.220 Restaurants-Walk-Up N C C N Retail Sales-Used Merchandise N N N C Room & Board N N N C Self Storage N N C N Transit Facilities N C C C Utilities-Major C C C C Utilities-Minor P P P P Veterinary Services N N N C 14-5 A~I"I'ACI ENS 6 C AP'S'E ~~ml~m S~~~~ C ~~Z VE AY (S~) Zl~E Chalpter 18.'9 8 SCE9VBC C®RRI®®9Z ®VERLAY (SC) Z®~E Sections: 18.18.010 Purpose. 18.15.020 Delineation of "(SC)" Overlay Zone boundaries. 18.18.030 Applicability. 18.18.040 Tree preservation. 18.18.050 Residential zones -uses. 18.18.060 Single-family residential zones -standards.. 18.18.070 Multiple-family residential zones -standards. 18.18.080 Commercial zones -uses. 18.18.090 Commercial zones-standards. 18.18.100 Industrial zones -uses. 18.18.110 .Industrial zones -standards. 18.18.120 Public and Special Purpose zones -uses. 18.18.130 Public and Special Purpose zones -standards. 18.18.010 PURPOSE. The purpose of this chapter, Scenic Corridor Overlay Zone, is to provide for and promote orderly growth in certain areas of the City designated as being of distinctive, scenic importance, while implementing local governmental agency actions for the protection,. preservation and enhancement of the unique and natural scenic assets of these areas as a valuable resource to the community. This area has been designated as an area of distinctive natural and rural beauty characterized and exemplified by the interrelationship between such primazy natural features as the rolling terrain, winding river, Eucalyptus tree windbreaks and the profusion of natural vegetation. 18.18.020 DELINEATION OF "SC" OVERLAYZONE BOUNDARIES. The area of the City designated as being within the .Scenic Corridor ("(SC)") Overlay Zone is defined as that area lying easterly of the intersection of the State Route 55/Costa Mesa and State Route 91/Riverside Freeways, westerly of the Orange County line, southerly of the Atchison, Topeka and Santa Fe Railroad right-of--way, and northerly of the present or any future south city limits of the City of Anaheim. 18.18.030 APPLICABILITY. The "(SC)" Overlay Zone is combined with any zone ("underlying zone") within the scenic corridor. The regulations contained in this chapter shall apply in addition to, and where inconsistent therewith shall supersede, any regulations of the zone with which the "(SC)" Overlay Zone is combined. 18.18.040 TREE PRESERVATION. Preservation of significant stands and single specified trees in the "(SC)" Overlay Zone is necessary to preserve the natural beauty of the Santa Ana Canyon environment, increase the visual identity and quality of the area, and protect the remaining natural amenities from premahue removal or destruction. IS-1 Anaheim Zoning Code Scenic Corridor Overlay Zone .010 Definitions. For purposes of this chapter, the following words, terms and phrases shall have the meanings ascribed herein: .0107 "Specimen Tree" shall mean any tree of the Eucalyphis varieties (Eucalyptus), Queraus varieties (Oak), Schinus varieties (Pepper), or Platanus varieties: - (Sycamore), with a tnmk measuring eight (8) inches or greater in diameter, measured at a point four (4) feet above ground level, orni the case oFEucalyptus varieties, twenty (20) inches or greater in diameter, measured at a point four (4) feet above ground level. .0102 "Stand" shall mean five (5) or more specimen trees located on any parcel of land. .0103 "Destroy" shall mean to include but not he limited to cutting down, removing, trimming, topping or pruning any Specimen Tree to a height of less than twenty- five (25) feet above ground level as measured at the base of the tnmk of the tree or to a height that may do damage to a particular variety of tree, whichever is higher. .020 Scope. Except as provided in subsection .030, it shall be unlawful for any person to destroy or otherwise direct or permit the destruction of one (I) or more trees from any stand of Eucalyptus Specimen Trees, or one (1) or more Oak, Pepper, or Sycamore Specimen Trees growing within the boundaries of the "SC" Overlay Zone, without a permit issued by the City of Anaheim pursuant to the provisions of this section. :030 Lawful Destruction of Specimen Trees.. The following specimen trees maybe destroyed lawfully provided that, prior to such destruction; a certificate obtained from an arborist certified by the Intematiohal Society of Arboriculture and authorized to do business within the City, attests that the tree(s) fit into at least orie of the following categories) .0301 Trees that have died; .0302 Diseased trees whose condition is a source'of present danger to healthy trees in the immediate vicinity; .0303 Trees so weakened by age, disease, storm, fire, excavation, removal of adjacent trees, or any injury so as to cause imminent danger to persons or property; .0304 Trees whose general health and condition are a source ofpresent danger of falling onto existing or proposed structures or utility lines;.. .0305 Trees that have caused structural damage to asingle-family residence or a required driveway for that residence, provided an arborist has attested that removal of the tree roots would threaten the health of the tree or that the tree would be a .source of continued damage to the structure; or .0306 Trees that were planted or caused to be planted by the homeowner or previous homeowner as part of an original landscape plan and are not located in the area between the main dwelling unit and a public or private right-of-way or in a commonly viewed and maintained slope. The maximum number of trees that maybe removed is limited to two (2) trees and shall not include windrows or required trees, An arborist certificate is not required for this provision, but other materials such as photographs shall be provided to demonstrate eligibility. .040 Application to Destroy Specimen Trees. Applications for authority to destroy Specimen Trees shall be filed with the Planning Department on forms provided for such 18-2 Anaheim Zoning Code Scenic Corridor Overlay Zone purpose together with a filing fee as established by resolution of the City Council. The application shall show clearly by diagram, plot plan and photograph the location and identity of the trees sought to be destroyed, the location and identity of the replacement trees, the name and address of the owner and such other information as indicated on the form provided. Applications that do not meet the requirements of subsection .030 above shall be referred directly to the Plamring Conmrission for determination. The determination of the Planning Commission maybe appealed to the Ciiy Cowrcil ptu- uant to Chapter 18.60 (Procedures). Permits are valid for a period of one (1) year from the date of issuance. Anew application shall be filed for requests that have not been exercised within the established time frames. .050 Findings and Issuance of Permit by Planning Commission or City Council. As a prerequisite to granting any permit to destroy any specimen tree, the Planning Commission or City Council may impose conditions and shall make one (1) or more of the following findings: 0501 That principles of good forest management will best be served by the proposed destruction; .0502 That a reasonable and practical development of the property oh which the tree is located requires destruction of the tree or trees; .0503 That the character of the inirrtediate neighborhood in respect to treescape will not be materially affected by the proposed destruction; .0504 That the topography of the building site renders destruction reasonably necessary; or 0505 That regard for the safety of persons or property requires the destruction .060 Replacement of Trees. Any specimen trees destroyed pursuant to a permit issued by the City shall be replaced on the same parcel or in the public right-of--way located in the immediate vicinity as directed by the City. The replacement trees shall comply with the following provisions: .0601 The replacement trees shall be a minimum riventy-four (24) inch box size' at time of planting, or larger if appropriate to the tree. A602 The number of trees shall be as identified ih Table ] 8-A (Number of Replacement Trees) unless the Community Services Department determines that the number of replacement trees is not feasible or cannot be properly nurtured through maturity. Table 18-A NUMBER OF REPLACEMENT TREES Diameter of free Destroyed Number of Replacement Trees Required (4 ft. above ground level) For Each Tree Destroyed Under 12 inches 12 to 20 inches Over 20 inches ~ 4 18-3 Anaheim Zoning Code Scenic Corridor Overlay Zone .0603 The replacement trees shall be one of the specimen trees identified in Table 18-B (Allowable Replacement Trees). The City may at its discretion, require that only _ specimen trees be used as replacement trees based on the size of the tree removed and the' trees in the general area of the removal. Table 18-B ALLOWABLE REPLACEMENT TREES Botanical Name Common Name Acer paxii Evergreen Maple Albizia julibrissin Sillc Tree Bauhinia variegate Purple Orchid Tree Brachychiton aerifolius Flame Tree Calodendrum capense Cape Chestnut Cassia leptophylla Gold Medallion Tree Cercis Canadensis Eastern Redbud Cinnamomum camphora Camphor Tree Eucalyptus species Gum Tree. Fraxinus angustifolia Raywood Ash Geijeraparviflora Australian Willow Ginko biloba `Autumn Gold' Maidenhair Tree Gleditsia Criacurthos Honey Locust Jacazanda mimosifolia jacaranda Koelreuteria bipinnata Chinese Flame Tree Liquidambar styraciflua American .Sweet Gum Lophostemon confertus Brisbane Box Pinus canaziensis Canary Island Pine Platanus racemosa Califomia Sycamore Platanus acerifolia London Plane Tree Podocarpus gracilior Fern Pine Pyrus lcawakamii Evergreen Pear Quercus agrifolia California Live Oak Quercus virginiana Southern Live Oalc Schinus molle Califomia Pepper Tipuana tipu Tipu Tree Zelkova serrata Sawleaf Zelkova .070 Appeal. The decision of the Planning Commission shall be final unless appealed to the City Council by either the applicant or an opponent pursuant to Chapter 18.60 (Procedures). No permit to destroy a specimen tree that is approved by action of the Planning Commission as provided in this section shall be issued prior to the expiration of the appeal period. .080 Replacement Trees. Any required replacement tree planted on-site, which is subsequently removed, damaged, diseased and/or dies, shall be replaced in a timely matmer. 18-4 Anaheim Zoning Code Scenic Corridor Overlay Zone .090 hnjuring Specimen Trees. It is unlawful for any person to injure or damage, or otherwise authorize or direct the injuring or damaging of any specimen tree by any means, including, but not limited to the following: .0901 Constructing a concrete, asphalt, brick or gravel sidewalk, patio, driveway or roadway or otherwise filling up the growid area around any tree so as to shut off air, light or water from its roots; .0902 Piling building equipment, material or other substances around any tree so as to damage the tree; .0903 Pouring any deleterious matter on or around any tree oi' on the surrounding ground, lawn or sidewalk; .0904 Posting any sign, poster, notice or other matter on any tree, tree stake or guard, or by fastening any guy wire, cable, rope, nails, screws or other device to any tree, tree stake or guard; .0905 Causing or permitting any wire charged with electricity to come in contact with any tree; 0906 Causing or permitting any fire or burning near or around any tree; 0907 Topping of any tree or pruning to the point of injuring a tree; and .0908 Causing damage to any tree resulting in weakening or disease such that the tree has to be removed. .100 Punishment of violations It shall be a misdemeanor for any person to violate the provisions of this section. A violation shall be subject to the enforcement and penalties as set forth in Section 1.01.370 (Violation of Code -Penalty) in Chapter 1.01 (Code Adoption and Construction). 18.18.050 RESIDENTIAL ZONES-USES.` Those uses that are permitted or conditionally permitted in the underlying single-family or multiple-family residential zones shall be permitted by-right or conditionally, except the following uses are prohibited. .010 Bed and Breakfast Inns .020. Borrow pits. .030 Excavation, processing, storage, wholesaling and distribution of sand, gravel and other nonfuel minerals. .p40 Transportation terminals. 18.18.060 SINGLE-FAMILY RESIDENTIAL ZONES -STANDARDS. The provisions of this section as follows shall apply in addition to, and where inconsistent shall supersede, any site development standards of the underlying single-family residential zone in which the property is located: .O] 0 Maximum Structural Height. The maximum height of any dwelling or other structure shall noY exceed twenty five (25) feet except as set forth in subsection .020 below. 18-5 Anaheim Zoning Code Scenic Corridor Overlay Zoa~e :020 Height Exceptions. .0201 Chimneys erected and maintained as an integrated feature of a dwelling--- may exceed the applicable height limitations of this section; .0202 Nonhabitable architectural embellishments {except chimneys) otherwise pemlitted in the tmderlying zone (including, but not necessarily limited to, cupolas,-spires, turrets, towers and horizontal roof ridgelines provided any such ridgeline does not exceed len (10) feet in length nor ten percent {10°l0) of the combined total length of all horizontal roof ridgelines on the structure, whichever is less) may exceed the applicable height limitations of this section provided: .O1 The maximum height of any such embellishment shall not exceed thirty (30) feet; and .02 The combined total horizontal area of all such embellishments exceeding the thirty (30) foot height limitation shall not exceed ten percent (10%) of the total roof area; .0203 Pursuant to the conditions of approval of Tract No. 8418 and 8647, a one (1) story height overlay zone is hereby established and imposed upon those certain lots abutting the area known as "Peralta Hills" and located on the north side of Valley Gate Drive, the east side of Sleepy Meadow Lane north of Forest Glen Road, and the north side of Forest Glen Road and Old Bucket Lane between Sleepy Meadow Lane and Nohl Ranch Road, and further described as Lot Nos. 65 through 79, inclusive, of Tract No. 8418 and Lot Nos. 24 through 46, inclusive, of Tract No. 8647. Notwithstanding any other provision of this Code, the maximum structural height on said lots shall not exceed one (I) storyortwenty-five (25) feet, whichever is less; except as otherwise permitted in this subsection .020: The teen "one- story" as used in this subsection shall mean a single habitable floor and shall not permit any loft, mezzanine, balcony or similar habitable floor or area above such single habitable floor; .0204 The maximum height of any building in the area known as "Hidden Canyon," defined as the area south of Avenida de Santiago in the City of Anaheim, shall be thirty-five (35) feet except as otherwise permitted in Section 18.40.030 (Stmetural Height. Limitations) in Chapter 18.40 {General Development Standards); .0205 Lots within Tracts 10996, 10997, 10998, and 13760 are subject to a Resolution No. 80-1407of the Board of Supervisors of Orange County, dated September 2, 1980. This resolution indicates "Texaco-Anaheim Hills, Inc, has given verbal assurance that the viewshed from the floor of Weir Canyon will be protected from proposed residential development along the westerly rim of the canyon through private open space mitigations such as estate densities, restricted grading, landscaping edge treatments, and/or covenants, conditions and restrictions." Any new construction within these tracts must receive County approval indicating compliance with this agreement. .030 Roof-mounted equipment including exterior mounted radio and television antennas and satellite dishes exceeding three (3) feet in diameter or diagonal length shall not be permitted except solar collector panels and related equipment shall be permitted to the extent required by state or federal law. Afl satellite dishes and antennas three (3) feet and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets while maintaining reception. 18-6 Anaheim Zoning Code Sceidc Corridor Overtay Zone .040. Ground-mounted radio, television and satellite dish receiving antennas shall be permitted as an accessory use, subject to all of the following requirements: 0401 Maximutir antenna height shall be six (6) feet as measured to its higlrest point above ground level; .0402 All antemras shall be painted to blend with their surrounding enviromment; .0403 No antenna shall be located in a required structural setback area abutting any public or private street;. .0404 All antennas shall be self-supporting and shall have no external guys or braces; and A405 All antennas and dishes exceeding three (3) feet in diameter or diagonal length shall be screened from view from aU public rights-of--way, pm~ate streets and adjacent or affected properties (as may be seen from a point six (6) feet above ground level on such adjacent or affected properties) by year-round landscaping, fencing (of a height not to exceed that permitted in the zone) and/or other architectural building features. 18.18.070 MULTIPLE-FAMILY RESIDENTIAL ZONES -STANDARDS. The provisions of this section shall apply in addition to, and where inconsistent shall supercede, any site development standards of the underlying multiple-family residential zone in which the property is located: .010 Minimum site area. The minimum project area shall be five (5) acres. .020 Structural Setback. On all lots adjacent to freeways, expressways, arterial highways and railroad rights-of--way, buildings and mobilehomes shall be located no closer than fifty (50) feet to the right-of--way line. Said setback maybe used for landscaping, recreation and open space or for open parking and vehicular accessways; provided that a minimum ten (10) foot wide screen planting, which may include trees and shrubs, a minimum thirty-six (36) inch high landscaped earthen berm, or any combination, shall be maintained adjacent to the right-of--way line. .030 Roof-mounted equipment including exterior mounted radio and television antennas and satellite dishes exceeding three (3) feet in diameter or diagonal length shall not be permitted except solar collectorpanels and related equipment shall be permitted to the extent required by state or federal law. All satellite dishes and antennas three (3) feet and under in diameter or diagonal length shall be located such that visibility is minimized From public and private streets while maintaining reception. .040 Ground-mounted radio, television and satellite dish receiving antennas shall be permitted as an accessory use, subject to all of the following requirements:. .0401 Maximum antenna height shall be six (6) feet as measured to its highest point above grotmd level; .0402 All antennas shall be painted to blend with their surrounding environment; .0403 No antem~a shall be located in a required structural setback area abutting any public or private street; .0404 All anteimas shall be self-supporting and shall have no external guys or braces; and 18-7 Anaheim Zoning Code Scenic Corridor Overlay Zone .0405 All antemras and dishes exceeding three (3) feet in dianreter or diagonal length shall be screened from view from all public rights-of--way, private streets and adj,ace_n_ t or affected properties (as may be seen from a point six (b) feet above ground level on such adjacent or affected properties) by year-round landscaping, fencing (of a height not to exceed that permitted in the zone) and/or other architectural building features. ~F39 Tele^. ..........,..ct :...... ............~ ............,, a , ~a a ~, '~ 18.18.080 COMMERCIAL ZONES -USES. The provisions of this section as follows shall apply in addition to, and where inconsistent shall supercede, any site development standards of the underlying commercial zone in which the property is located: .010 Prohibited Uses. The. following uses shall be prohibited: .0101 Bed and Breakfast Inns; .010? Billboards except temporary tract signs;. .0103 Office or other commercial uses of a residential structure; and :0104 Service stations except where integrated within a shopping center. 18.18.090 COMMERCIAL ZONES -STANDARDS. Notwithstanding the site development standards of the underlying commercial zone in which the property is located, the following provisions shall apply: .010 Yards and Setbacks: .0101 All buildings adjacent to freeways, expressways or scenic highways shall have a minimum building setback of ninety {90) feet and a minimum landscaped setback of twenty-five (25) feet. .010? All buildings adjacent to major, primary, secondary, hillside primary or hillside secondary highways shall have a minimum building setback of fifty (50) feet and a minimum landscaped setback of twenty-five (25) feet. .0103 Ail buildings adjacent to collector and local streets shall maintain a landscaped setback having a minimum depth of twenty (20) feet. .0104 The required landscaped setbacks shall include a three (3) foot high landscaped berm adjacent to theright-of--way. .0105 Encroachment into the required landscaped setbacks along a public right- of-way shall be limited to the following: .O1 Walkways, provided the width of the walkway does not exceed six (6) feet and the wallcway is integrated into the landscape design; 02 Driveways that are perpendicular to the adjacent street; I8-8 Anaheim Zoning Code Scenic Corridor Overlay Zone .03 Sigurs that comply with the provisions of this chapter acrd the underlying zone; 04 Landscaping that complies with the provisions of this chapter and the under]}~ng zone; OS Fences and walls flrat comply with the provisions of this chapter and the underlying zone; and .06 Three (3) flagpoles for the display of national, state, city and/or company trademark or logo, not to exceed the maximum structural height .0106 Parking is allowed in the portion of the building setback that is not part of the required landscaped setback, provided the parking area is screened by landscaping, landscaped earthen berm and/or a decorative low. wall or combination thereof. .0107 Where the rear of a commercial building abuts a local street where two- thirds (2/3) of the property in the block on the opposite side of the street are zoned for residential use, a six (6) foot high decorative landscaped masonry wall shall be provided to the rear of the landscaped setback for the full width of the subject property. ..0108 Where an interior site boundary lime abuts a residential zone, a minimum ten (10) foot landscaped setback shall be provided adjacent to the property line. This setback shall include minimum twenty-four (24) inch box non-deciduous broadheaded trees planted at a maximum spacing of twenty (20) Feet. .020 Building and Structural Height Limitations:. .0201 The maximum building height shall be thirty-five (35) feet above the average finished grade levels of the building site on which it is located measured at the exterior building walls; provided, however, that heights in excess of thirty-five (35) feet may be permitted by conditional use permit. .0202 Roof-mounted equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code as adopted by the City of Anaheim) shall be permitted subject to a conditional use permit, provided that the equipment is required to be placed on the roof by the nature of a particular use of a building or by Title 15 (Buildings and Housing)of the Anaheim Municipal Code or the Uniform Mechanical Code as adopted by the City of Anaheim. Such roof-mounted equipment shall be subject to the following provisions and shall be clearly shown on plans submitted for review to the City of Anaheim. Submitted plans shall include line-of--sight drawings from surrounding properties, demonstrating the effectiveness of the proposed method of screening. O1 Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those that are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural feattures of the building itself. The screening shall not exceed the height limit as established by this section and shall not consist of wood latticework. .02 Equipment shall not be visible from any public street, public or private property at finished grade level, or any floor level of a residential structure. 18-9 Anaheim Zoning Code Scenic Corridor Overlay "Lone .03 In order to minimize the visibility of screening methods and materials, all equipment shall be painted to match the roof on which it is located, as well as~_ painted to match any materials used for equipme}}t screening. 04 The method and/or screening material used shall not be readily recognizable as a screening device but shall be integrated into the design of tl}e building as a part thereof. in good condition 0~ All equipment screening and paint shall be retained and maintained 03fl Roof-}nounted radio and television antemias and satellite dishes exceeding six (6) feet iri diameter or diagonal length shall not be permitted except solar collector panels and related equipment shall be permitted to the extent required by state or federal law. All satellite dishes and antennas six (6) feet and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets while maintaining reception. .040 Ground-mounted radio, television and satellite dish receiving antennas shat] be permitted as an accessory use, subject to all of the following requirements: ,0401 Maximum antenna height shall be six (6) feet as measured to its highest point above ground level; 040? All antennas shall be painted to blend with their surrounding environment; .0403 No antenna shall be located in a required structural setback. area abutting any public or private street or residential zone boundary; .0404 All antennas shall be self-supporting and shall have no external guys or braces; and .0405 All antennas and dishes exceeding six (6) feet in diameter oi• diagonal length shall be screened from view from all public rights-of--way, private streets and adjacent or affected properties (as maybe seen from a point six (6) feet above ground level on such adjacent or affected properties) by year-round landscaping, fencing (of a height not to exceed that permitted in the zone) and/or other architectural building features. .909 T0106e}}i}}}}{}}}eat}enrj'-aj}Tr}~}SI~r[l}{I{ITQi Iy ~II ¢ O[IIIIIISI~ O.n V2[iITFItYC~G }.. .. 1., aA:., .. a A.,..::..; ..~I o,... mot.. 1,~...,.+..F.. 1. .:1 A;., .. ...! .. ,.a. :,.:1.1 C b+ ~ e .98900>0 Signs. The sign regulations for the underlying zone in which such land is located, as provided in Chapter 18.44 (Signs), shall apply to any zone combined with the "SC" Overlay Zone, except as follows: ,9E~0501 In addition to the provisions of subsection 18.44.100.010 (Wall Signs) only one (1) wall sign shall be permitted per business unit, except as follows: .Ol A maximum of two (2) wall signs shall be permitted for a tenant unit where said signs are located on parallel walls of the unit on opposite sides of the building and (a) one of the walls faces an arterial highway or local street other than a residential street (where fifty percent (50%) or more of the opposite side is developed with residences) and (b) the opposite wall faces a customer area such as a parking lot or entry to the store, provided 18-10 Anaheim Zoning Code Scenic Corridor Overlay Zone both signs are not visible when viewed from any single location and neither sign is intended to be visible to a freeway; or .02 A maximum of two (2) wall signs shall be permitted for a single unit if t13e unit is the comer unit closest to and fronting on at IeasC (2) local sheets or arterial. highways, excluding freeways, and has a main entrance on at least one (I) of the streets or highways. Only one (1) sigh may be permitted per wall. .t36A-3003 Monument or freestanding signs are onlypermitted on conmtercially toned property in the Scenic Corridor as follows, provided that for the purposes of this section, commercial parcels that are integrated by access, circulation and/or parking shall be considered a single property: .01 Maximum Number. A maximum of one (1) freestanding or, monument sign is permitted on any frontage abutting a scenic expressway, major arterial, hillside primary arterial, and hillside secondary arterial provided there is a minimum of three hundred (300) feet of frontage for each sign and that the minimum distance between such signs shall be three hundred (300) feet. .02 Permitted Text. Each freestanding or monument sign face shall be limited to the name of the commercial center and one (1) major tenant if the commercial center is developed with fifteen (15) or fewer units, the name of the commercial center and three (3) major tenants if the center has more than fifteen (15) units. .03 Maximum Size. The maximum size of any freestanding or monument sign shall comply with Section 18.44:090.020 (Maximum Size of Monument and Freestanding Signs), provided, however, that multiple frontages and separate adjoining properties shall not be combined to increase the permitted sign area and the maximum height of any freestanding or monument sign shall not exceed seven (7) feet in height. .04 Design. The design of the sign shall be in compliance with Section 18.44.080 (Freestanding and Monument Signs -General) and Section 18.44.150 (Sign Construction and Design) of Chapter 18.44 (Signs). .ti693050 ~ Freeway Oriented Signs. Freeway oriented signs shall be permitted only for regional shopping centers by conditional use permit for on-site and off-site signs as provided in subsection 18.44.050.010.0106 and Section 18.44.100 (Freeway-oriented On-site Signs). .0684(1504 Service Station Signs. In addition to the sign permitted under subsection .0602 above, one freestanding service station sign shall be permitted along the street frontage not to exceed eight (8) Feet high, eight (8) feet wide, and thirty (30) square feet in advertising area, provided, however, if the service station includes a convenience market; carwash and/or fast food, the advertising area maybe increased to no more than forty (40) square feet. The advertising on the sign shall be limited to the price of gasoline and the name of the service station. The location of the freestanding sign shall be determined through the, conditional use permit process. Freestanding signage along additional frontages maybe permitted subject to a conditional use permit if evidence is provided demonstrating that State of California advertising requirements for service stations cannot be met with one (1) sign. .0600505 Electronic Readerboard Signs. Electronic readerboard signs are prohibited. 18-11 AnaUeim Zoning Code Scenic Co~Tidor Overlay Zone :N;ttl)(i0 Sign Lighting Adjacent to Residential Uses. No sign located on a parcel adjacent to a residentially zoned parcel shall be lighted between the hours of midnight and 6:30 a.m. unless such signs (a) identify a business Chat is allowed to remain open duringthose hours or (b) identify a commercial center that contains one (1) or Snore businesses which remainopen during those hours. Any signage that identifes a business that is closed between Che hom~s ofmidnighC acid 6:30 a.m. shalluot be lightedduring Chose hotu~s. 18.18.100 INDUSTRIAL ZONES -USES. The provisions of this section as follows shall apply in addition to, and where inconsistent shall supercede, any site development standards of the underlying industrial zone in which the property is located: Oi0 Prohibited Uses. The following uses shall be prohibited: .0101 Amusement parks; .0102 Auto or truck storage (new or used); .0103 Billboards; .0104 Borrow pits; .0105 Building material storage yard; .0106 Circuses, carnivals or rodeos; .0107 Concrete hatching or mixing of Portland or asphaltic concrete; .0108 Contractor storage yard;. .0109 braying; freighting or trucking yard or terminal; .0110 Dumps; .0111 Large equipment storage or rental; .0112 Mobilehome parks or travel trailer parks; .0113 Open-air theaters; .Ol 14 Rags, paper, metal or junk storage or sales; .0115 Rock, sand or gravel, wholesale storage or distribution; and .0116 All outdoor aspects ofpermitted industrial uses unless screened from the freeway or scenic highway by the use of wall, landscaping or both. 18.18.110 INDUSTRIAL ZONES -STANDARDS. The standards of the underlying industrial zones shall apply. 18.18.120 PUBLIC AND SPECIAL PURPOSE ZONES -USES. Those uses that are permitted or conditionally permitted in the underlying public and special purpose zones shall be permitted by-right or conditionally, except the following uses shall be prohibited within the "T" Transition Zone: :010 Amusement parks. 18-12 Anaheim Zoning Code .020 Animal hospitals and kennels. :030 Bed and Breakfast Inns. .040 Billboards. .050 Borrow pits. .060 Car Washes. .070 Circuses, carnivals, rodeos, or fairgrounds. .080 Dumps. Scenic Corridor Overlay Zone .090 Excavation, processing, storage, wholesaling and distribution of sand, gravel and other nonfuel minerals. 100 Hotels, motels and motor inns. 110 Open-air theaters. 120 Pawnshops. 130 Racetracks: 140 Refuse, disposal or transfer. 150 Restaurants-drive-through. 160 Restaurants-walk-up 170 Sewage treahnent plants. 180 Transportation terminals. 18.18.130 PUBLIC AND SPECIAL PURPOSE ZONES -STANDARDS. The provisions of this section as follows shall apply in addition to, and where inconsistent shall supercede, any site development standazds of the underlying public and special purpose zone in which the property is located. .OiO Roof-mounted radio and television antennas and satellite dishes exceeding three (3) feet in diameter or diagonal length shall not be permitted except solar collector panels and related equipment shall be permitted to the extent required by state or federal law. All satellite dishes and antennas three (3) feet and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets while maintaining reception. .020 Roof-motmted equipment {including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code as adopted by the City of Anaheim) shall be permitted subject to a conditional use permit, provided that the equipment is required to be placed on the roof by the nature of a particular use of a building or by Title 15 (Buildings and Housing) of the Anaheim Municipal Code or the Uniform Mechanical Code as adopted by the City of Anaheim. Such roof-mounted equipment shall be subject tp the following provisions and shall be clearly shown on plans submitted for review to the City of Anaheim. Submitted plans shall include line-of--sight drawings from surrounding properties, demonstrating the effectiveness of the proposed method of screening. 18-13 Anaheim Zoning Code Scenic Corridor Overlay Zone .030 Ground-mounted radio, television and satellite dish receiving anCennas shall be permitted as an accessory use, subject to all of the following requirements: .0301 Maximum antemia height shall be six (6) feet as measured to its highest point above ground level; .030? All anCennas shall be painted to blend with their surron3ding environment; .0303 No antenna shall be located in a required structural setback area abutting any public or private street; .0304 All antennas shall be self-supporting and shall have no external guys or braces; and .0305 All antennas and dishes exceeding three (3) feet in diameter' or diagonal length shall be screened from view from all public rights-of--way, private streets and adjacent or affected properties (as maybe seen from a point six (6j feet above ground level on such adjacent or affected properties] by year-round landscaping, fencing (of a height not to exceed that permitted in the zone) and/or other architectural building features. :8=1t~--'''~,;.nnsctic-afiians-~r! a ,.. h, ~-a;-2-:~ S'!~:~l.°, f: ..... .°. n.~' uu7i!c c!!i-Pno~• 6f {' •.1 F' I .! t. ~!c r!=~s:v c~r~rn'~~;vrrc-n'izu-'c'rsxa'nocvc i.l .,..+:1:...1 .afn{!-a-!!}£!~rt-3Q$p°, :+t...! ..t.. ,.~.. 18-14 ~~~~~ 7 C A'S'E ~~03~o S~J~~LIE E'I'AL LTSE G~.TEA'~~ l~S Ch~~$el° 13.3 SUPPLEMENTAL ~S~ REGU~AT~®NS Sections: 18.38.010 18.38.020 18.38.030 18.38.040 18.38.050 18.38.060 18.38.070 18.38.080 18.38.090 18.38.100 18.38.105 1$.38.110 18.38.120 18.38.130 18.38.140 1$.38.150 18..38.160 18.38.170 18.38.180 18.38.190 18.38.200 18.38.210 18.38.220 18.38.230 18.38.240 18.38.250 18.38.010 Purpose. Accessory living quarters. Animal keeping. Antennas -private transmitting. Antennas -receiving. Antennas -telecommunications. Automobile service stations. lied and breakfast inns. Caretaker units. Condominium conversions. Contractor's Office & Storage.. Convenience stores. Commercial use of a residenfial structure. Home occupations. Large family day care homes. Laundromats. IVlechanical and utility equipment -ground mounted. IVlechanical and utility equipment -roof mounted. Oil production. Outdoor displays. Outdoor storage.' Portable food carts. Restaurants -outdoor seating and dining. Second units. Special events. Tile sales. PURPOSE. , The purpose of this chapter is to provide specific supplemental provisions for certain uses whose nature and potential impacts require .additional and more specialized criteria. Unless otherwise specifically indicated, these use-specific provisions apply to the specified use in all zones where the use is allowed. 18.38.020 ACCESSORX LIVING QUARTERS. Accessory Living Quarters as defined in Chapter 18.36 (Types of Uses) aze subject to the following provisions. .010 Number of Units Per Pazcel. Only one (1) accessory living quarter shall be allowed on any one (1) lot. .020. Prohibition. An accessory living quarter and a second unit as defined in Section 18.38.230 of this chapter shall not exist on the same lot. 38-1 Anaheim Zoning Code Supplemental Use Regulations .030 Design. An accessory living quarter shall comply with the following design provisions: .0301 Exterior stairs shall not be visible from any public right-of--way, excluding alleys; .0302 The design, color, material, and texture of the roof shall be substantially the same as the main dwelling unit; .0303 The color, material and texture of all building walls shall be similaz to and compatible with the main dwelling unit; and .0304 The azchitectural style of the accessory living quarter shall be the same or similaz to the main dwelling unit, or, if no azchitectural style can be identified, the design of the living quarter shall be architecturally compatible with the main dwelling unit,. and shall maintain the scale and appeazance of asingle-family dwelling. .040 Occupancy. The accessory living quarter shall be exclusively used for guests or employees of the occupants of the main dwelling, shall not be rented in return for any payment or service, and shall not otherwise be used as a separate dwelling. .050 Kitchens. An accessory living quarter shall not contain kitchen facilities separate from those of the main dwelling umt. .060 Utility Services. The accessory living quarters shall not be metered sepazately from the main dwelling unit for gas, electricity, communications, water, and sewer services. .070 Floor Area. The total floor area of the accessory living quarter shall not exceed thirty percent (30%) of the main dwelling unit. .080 Bedrooms. The accessory living quarter shall contain no more than two (2) bedrooms. .090 Development Standards. Accessory living quarters shall conform to the development standazds for the main dwelling including, but not limited to, lot coverage and front, rear and side setbacks. .100 Height. In addition to meeting the height requirements of the zone in which it is located, the height of the accessory living quarter shall not exceed the height of the main dwelling unit. .110 Parking. The number of pazking spaces for the single-family home shall be based on the number of bedrooms in both the main dwelling unit and the accessory living quarters, in compliance with Chapter 18.42 (Parking & Loading). 18.38.030 ANIMAL KEEPING. .010 Animal Maintenance -General. The keeping of animals for domestic, noncommercial use shall be permitted in residential zones subject to the provisions of Chapter 8.08 (Animal Control, Welfaze and License Requirements) and this section. .020 Animal Confinement. .0201 Methods. Animals shall be tethered or maintained in coops, corrals, stables, or by other means of confinement satisfactory to the Planning Deparhnent. 38-2 Anaheim Zoning Code Supplemental Use Regulations .0202 Distance. No equine, bovine, sheep, swine, goat or bird shall be kept, stabled, tethered, corralled or confined in any manner within fifty (50) feet of any structure used for human habitation, other than that of the owner, or within twenty (20) feet of any property line except when kept in the dwelling. .030 Number of Equine Animals. No equine animal shall be kept, stabled, tethered or otherwise maintained on any parcel of property of less than one (1) acre (43,560 square feet) in area, unless otherwise specified in the underlying zone. Further, not more than one (1) adult animal and its immature offspring of less than eight (8) months in .age shall be permitted per each quarter-acre (10,890 squaze feet). If this calculation results in 0.5 or more of an animal, the number shall be rounded up to the next whole animal. .040 Number of Bovine, Sheep, Goats and Swine. No bovine, sheep, goat or swine (except for pot-bellied pigs, which aze regulated in Subsection A80 below) shall be kept, stabled, tethered or otherwise maintained on any pazcel of less than one acre (43,560 square feet) in azea, unless otherwise specified in the underlying zone. Further, not more than one (1) such animal shall be permitted per each half-acre (21,780 squaze feet). If this calculation results in 0.5 or more of an animal, the number shall be rounded up to the next whole animal. .050 Number of Poultry, Birds, Rabbits and Rodents. The number of poultry, birds, rabbits, and rodents shalinot exceed one (1) animal pereach eighteen hundred (1,800) square feet of the area of the lot upon which the animal is to be maintained; provided, however, that roosters and peacocks shall not be permitted in any residential zone, unless otherwise specified in the underlying zone. If this calculation results in 0.5 or more of an animal, the number shall be rounded up to the next whole animal. .060 Number of Dogs. The number of dogs per dwelling unit shalinot exceed three (3) animals over the age of four (4) months. A noncommercial kennel may be pemutted subject to the approval of Animal Care Services of the Orange County Health Caze Agency. .070 Number of Cats. Domestic housecats per dwelling unit shall not exceed three (3) animals over the age of four (4) months. A noncommercial kennel may be permitted subject to the approval of Animal Caze Services of the Orange County Health Caze Agency. .080 Pot-Bellied Pigs. Pot-bellied pigs (meaning a pig classified as Sus Scrofa and commonly referred to as a Vietnamese pot-bellied pig, pygmy pig or mini-pig) shall be permitted subject to the following conditions: ..0801 Only one (1)pot-bellied pig maybe kept on a residential lot; .0802 Subsections .O10 through .020 above shall apply; .0803. Thebreeding ofpot-bellied pigs is prohibited; .0804 The pot-bellied pig shall be tested and vaccinated for leptospirosis and erisipelis, pseudo-rabies and any other communicable diseases for which a vaccine is available and generally recommended for such animals. Any person owning or having. custody of apot-bellied pig .shall maintain an annual certificate from a licensed veterinarian that the vaccination(s) aze current; .0805 The pot-bellied pig shall weigh no more than two hundred (200) pounds, stand no higher than twenty (20) inches measured from the shoulders and shall be no longer than forty (40) inches measured from the tip of the head to the end of the buttock. Any person 38-3 Anaheim Zoning Code Supplemental Use Regulations owning or having custody of spot-bellied pig shall maintain an annual health certificate signed by a licensed veterinarian identifying the weight, height and length of the pig; .0806 A male pot-bellied pig older than two (2) yeazs shall have its tusks removed, cut or filed to a length of less than two (2) inches by a licensed veterinarian; .0807 The pot-bellied pig shall be spayed or neutered by two (2) months of age. Any person owning or having custody of apot-bellied pig shall maintain a certificate of sterilization signed by a licensed veterinarian; .0808 Upon request by the City, written certification of compliance with subpazagraphs .0804 through .0807 from a licensed veterinarian shall be provided by the person owning or having custody of the pot-bellied pig; .0809 The pot-bellied pig shall be restrained on a leash at .all times when removed from the premises; .0810 An outdoor exercise area paved in concrete secured with a perimeter fence shall be provided for the pig at the rear or side of the property in conformance with any applicable zoning provisions. The fence shall be designed and maintained to prevent escape from the enclosed area. If the pig is maintained outdoors exclusively, the exercise azea shall be a minimum of two hundred (200) squaze feet in azea. If the pig is primarily kept indoors, the outdoor exercise azea shall be a minimum of seventy-five (75) squaze feet in azea. In addition, a wading pool or a reasonable substitute for such pool shall be provided during warm weather; .0811 The premises shall be maintained in an odor free, clean and sanitary manner. Droppings and other wastes shall be removed on a daily basis; .0812 Apot-bellied pig shall be kept in compliance with all requirements of Animal Caze Services of the Orange County Health Care Agency. :090 Animal Husbandry Projects. Within the RH-1 Zone and the RH-2 Zone, greater numbers of animals than otherwise allowed by this section may be maintained on any lot for a period not to exceed eight (8) months, when in conjunction with an approved animal husbandry project sponsored by any bona fide educational organization including but not limited to: 4-H (Head, Hands, Heart and Health) or F.F.A. (Future Farmers of America) clubs, subject to approval by the Planning Department, in compliance with the following. provisions: .0901 Verification of participation in an animal husbandry project by the sponsoring organization including the inclusive dates for the project, reasons for the project, type and number of animals requested, and such other information as deemed relevant for City approval; .0902 A letter of intent listing all existing and proposed types and numbers of animals to be maintained on the premises and the anticipated date of removal of any animals exceeding the maximum limitations specified in this section from the premises; and section. .0903 Compliance with all other animal maintenance regulations specified in this .100 Prohibited Animals. The keeping of animals not specifically mentioned in this chapter is prohibited except as provided by Chapter 8.20 (Wild Animals). 38-4 Anaheim Zoning Code Supplemental Use Regulations .110 Resolution of Conflicts. In the event of a conflict between this section .and Chapter 8.08 (Animal Control, Welfaze and License Requirements) or Chapter 8.20 (Wild Animals), the provisions of this section shall control. 18.38.040 ANTENNAS -PRIVATE TRANSMITTING. Uses classified as Antennas-Private Transmitting are subject to the following provisions: :010 Heights. Combined tower and antenna shall not exceed a height that is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height maybe permitted, provided the height is achieved by use of a telescoping device that is only extended when the antenna is in use. ..020. Location. The antenna shall be located to the reaz of the main dwelling unit and outside required building setback areas. .030 Setbacks. The antenna and its tower shall be located a minimum distance equal to the height of the device from any neighboring residential structure. .040 Mounting. The antenna and its tower shall be self-supporting, ground-mounted and have no external guys or braces that are visible to adjacent properties or public rights-of- way except during periods of inclement weather, or to avoid a safety hazazd. .050 Quantity. Not more than one (1) tower- or ground-mounted antenna shall be permitted on a single pazcel of land and not more than three (3) antennas maybe mounted on a single tower. 18.38.050 ANTENNAS -RECEIVING. :010 Dish-type Antennas.: ,Dish-type antennas shall comply with the following provisions. .0101 Dish-type antennas, including the support structure, exceeding six (6) feet in height for non-residential properties and three (3) feet for residential properties measured at their highest point above ground level, shall be screened from view from all public rights-of-- way, public property and adjacent non-industrially zoned properties as maybe seen from a point six (6) feet above ground level on the adjacenfngn-industrially zoned property. The screening shall be provided by landscaping, fencing, and/or azchitectural building features. .0102 The antennas shall not be located in a required structural setback azea abutting any public or private street. .0103 The diameter of the antennas shall not exceed three (3) feet in residential zones unless a larger antenna is approved by a conditional use permit. In non-residential zones, the diameter shall not exceed six (6) feet unless a larger antenna is approved by a conditional use permit. .0104 Foi• residential zones, all satellite dishes and antennas three (3) feet and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets while maintaining reception. .0105 For non-residential zones, all satellite dishes and antennas six (6) feet .and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets while maintaining reception. 38-5 Anaheim Zoning Code Supplemental Use Regulations .020 Other Antennas. Except as otherwise provided in subsections .0104 and .0105 above, antennas, other than dish-type antennas, used for receiving radio or television broadcast signals maybe mounted on the roof of a building and need not be screened with the exception of the Scenic Corridor Overlay Zone. The top of the antenna shall not exceed the maximum pemutted height in the zone or six (6) feet above the highest point of the roof, whichever is higher, unless otherwise specified in the underlying zone. ' 18.38.060 AN1'ENPIAS - TEI.,EC®I~IIVIUNICATI®NS. .010 Purpose. The purpose of this section is to provide placement, design and screening criteria for wireless communication facilities in order to protect the public health, safety, general welfaze, and quality of life in the City of Anaheim, consistent with the policy direction in the Anaheim General Plan, while preserving the rights of wireless communication providers. 020 Applicability. .0201 Types of Actions. This section applies to the following: .Ol New wireless communication facilities approved after the effective date of this chapter; .02 Additions or modifications approved after the effective date of this chapter to communication facilities in existence prior to the effective date of this chapter; and .03 Re-approvals after the effective date of this chapter of wireless communication facilities due to expiration, suspension, revocation or other lapse of prior approval. .0202 Exemptions. The following facilities are exempt from the provisions of this section: .Ol Communications systems of any federal, state, or local government agency charged with maintaining the national defense, public health, safety, and welfaze or disaster control;. .02 Residential skeletal type antenna systems designed to receive UHF, Vl~', AM, and FM broadcast transmissions from radio and television stations subject only to height limits of the zone in which erected; .03 Unobtrusive ground plane designed ham or citizens band radio antennas subject to proper Federal Communication Commission (FCC) licensed operation for such radio service stations and installation pursuant to FCC standazds; .04 Telecommunications systems placed underground in vaults shall not be subject to locational criteria; .OS Telephone and television cable facilities, other than antenna, and call boxes and booths located within public rights-of--way in prescribed easements for such purpose; .06 Antenna systems regulated by the FCC with respect to heights, provided such antennae do not pose a safety threat, and .07 Satellite dish antennas of two (2) meters or less in diameter in commerciaUindustrial azeas, and satellite dish antennas and Mulfipoint Distribution Service 38-6 Anaheim Zoning Code Supplemental Use Regulations (MHOS) antennas of one (1) meter or less in residential zones, except such antennas shall comply with City safety requirements. .030 Definitions. For purposes of this section, the following words, terms and phrases shall have the following meanings: .0301 Antenna. A device used in communications which radiates and/or receives any radio or television signals for commercial purposes, including, but not limited to, commercial cellular, personal communication service, wireless modem signals, and/or data radio signals. "Antenna" shall not include any noncommercial satellite dish antenna or any antenna utilized for amateur- radio, citizen band radio, television, AM/FM or shortwave radio reception purposes. .0302 Building-mounted. Mounted to the side facade or roof of a building„te er-uoon or to the side of another facility or structure such as a water tank, church steeple, clock tower, freestandmg sign, snorts field lightine m a publicly owned pazk or eolf course, or similaz structure; br concealed within ar achitecturally integrated into a lurldm„g or other concealing_faciliiy or structure, excluding utilities transmission towers. .0303 Cellulaz. An analog or digital wireless communication technology that is based on a network of interconnected receiving and transmitting sites or stations. .0304 Co-located. The use of a'single support structure and/or site by more than one wireless telecommunications provider or utility provider. .0305 Ground-mounted. Mounted to a pole, monopole, tower or other similaz freestanding facility or structure, specifically constructed for the purpose of supporting an antenna. .0306 Lattice tower. A structure in excess of twelve (12) feet nt height with three or more legs and used to support antennas. .0307 Monopole. A structure composed of a single pole used to support. antennas or related equipment. ..0308.. Mounted. Attached or supported. .0309 Multipoint Distribution Service. A microwave communication service that delivers video programming dtrectly to subscribers, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or as otherwise defined by the Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretive decisions thereof issued by the Federal Communications Commission. .0310 Personal communication services. Any form of commercial' communications service utilizing digital wireless radio communication technology, having the capacity for multiple conununications services and the routing of calls to individuals, regazdless of location. "Personal communication services" shall also mean and include "personal wireless services" as defined in Section 704 of the Telecommunications Act of 1996. .0311 Roof-mounted. Mounted above the eave line of a building. ..0312 Seazch ring. The azea of service deficiency within which a new facility is proposed to address the network deficiency. 38-7 Anaheim Zoning Code Supplemental Use Regularions .0313 Stealth facility. A wireless communication facility-~~°'•-.nay that is disguised to appeaz as a natural object or part of an existing man- made object, facility or structure, which is designed to blend into the surrounding environment or is azchitecturally integrated into a building or other concealing structure, includin¢ any concealed antenna,-sc u; ~ ct tc'~° •~~°~'-'°'° -••~'-'~° °~°•° .0314 Wireless Communication Facility. A facility consisting of any commercial antenna, ::cucp.;l ;ash and/or other related equipment, or combination thereof, necessary to the transmission and/or reception of any radio or television signals For commercial purposes, including but not limited to, commercial cellular, personal communication service, wireless modem, and/or data radio communications, and which has been granted a certificate of public convenience and necessity, or a wireless registration number by the California Public Utilities Commission, or otherwise provides commercial wireless communications services to the public. "Wireless Communication Facility" does not include any radio or television facility that is exempt from local regulation pursuant to state or federal law.: , genes #Ielldple-€eaaity SEngle-Canuty fesiden}ial & Alen-I~esiclenEiriF seeaie-~erxider ~Ype-a~Z.aeiliEy` fesidesHal }14i§ed-Nse genes 9veraay-~eae ^^=:a~~~ed;. ~eleeea3niitnieaEieas ~eleeen~hniea4ieas ~eh~ee~unrrutteaEieas ~?~te~a-Rekierv ~!mtesaa-Review ~!a~eaae-Reuie3v i?ernut-ReguiFed peewit Required gexaii-Requtred .838040. Locational Standards. { .0381-0401 Wireless conmmunication facilities shall be co-located where technologically feasible and visually beneficial. Facilities that aze not proposed to be co- located shall provide a written explanation why the facility is not a candidate for co-location. ~ .8382-0402 Where determined to be technically feasible and appropriate, unutilized space should be made available for co-location of other wireless communication facilities, including space for entities providing similar, competing services. Co-location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host facility to go off-line for a significant period of time. ~ .83830403 Front or street setback. No wireless communication facility shall be constructed or placed in any street setback in any zone except as maybe specifically allowed by the regulations of that zone. .83840404 Interior setback. All portions of any antenna structure and associated equipment shall be located a minirnum of five (5) feet from any interior property line unless otherwise specifically allowed by the regulations of the zone. ..83830405 In multiple-family residential zones, no wireless communication facility shall be installed on the roof of a building except as specifically provided in 38-8 Anaheim Zoning Code Supplemental Use Regulafions subsections 18.38.060.949-030 and 18.38.060.060-050 pertaining to building-mounted wireless communication facilities. .03960406 Aground-mounted wireless communication facility shall not be located in a required pazking azea, vehicle maneuvering area, or vehicle/pedestrian circulation area in such a manner that it interferes with, or in any way impairs, the utility or intended function of such area. (Ord. 5944 § 16; Sept. 28, 2004) .0407 In single-family residential zones, the only wireless communications facility allowed use is sports field li tine located in yublicly-owned narks or golf courses ny zone' except for`Sfealth'facilities as de"fined iri snb`seation;:030L above'~~ .869050 Design Standazds. .8681-0501 All wireless communication facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing azchitectural elements and building materials, and other site chazacteristics. The shortest, smallest and least visible antennas possible shall be used to accomplish the coverage objectives. .86020502 All screening used in connection with abuilding-mounted wireless communication facility shallbe compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted. .86030503 Alternative antenna support structures shall be used in lieu of monopoles where the opportunity exists or where visibility impacts aze a concern. Facility antennas shallbe integrated, to the extent practical, into existing or newly developed facilities that aze functional for other purposes. .96040504 New lattice towers shall not be pemutted. :.869605_05 Antennas and other parts of wireless communication facilities shall be ofnon-reflective, glaze reducing materials. Colors and materials for facilities shallbe. chosen to minimize visibility. Facilities shall be painted or textured using colors to match or blend with the primary background. .8680506 Lightning arresters .and beacon lights shall not be included in the design of wireless communication facilities unless required by the Federal Aviation Administration (FAA). Lightning arresters and beacons shall be included when calculating the height of facilities such as towers and monopoles. 38-9 Anaheim Zoning Code Supplemental Use Regulations .86980507 Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage. .,. _ .86090508 Whip antennas and microwave dish antennas shall be integrated into the design of the structure and/or fully screened from public view. .06~-80509 Accessory support facilities; such as electrical cabinets and equipment rooms, shall be placed within an interior space of the existing building, underground, within a landscaped planter within the existing pazking lot, or on the rooftop of the existing building. Support facilities shall be designed to match the azchitecture of adjacent buildings and/or screened from public view by walls, fences, parapets, landscaping and similar treatments. Any trees removed within landscaped areas shall be replaced and landscaping shall be compatible with surrounding landscaping and shall be of a type and variety capable of screening all or a portion of the facility as approved by the Planning Director. .A61-1-0510 All wireless communication facilities shall be designed so as to minimize, and be resistant to opportunities for unauthorized access, climbing, vandalism; graffiti, and other activities which would result in hazazdous conditions, visual blight, or attractive nuisances. .86 1-20 5 1 1 No chain link fence is pemutted in association with any wireless communication facility except in industrial zones where the fence is not visible to the public right-of--way or adjacent non-industrial zone. .86-130 5 1 2 The heighYof the wireless communication facility shall not exceed the height limits of the applicable underlying or overlay zone unless otherwise authorized by a conditional use permit; provided, however, that in the "(SC)" Overlay Zone the height of a stealth facility may exceed the height limit up to a maximum often percent (10%) without a conditional use permit. The following findings shall be adopted when approving a conditional use permit that increases the allowable height: .01 The Planning Commission has reviewed alternative options provided by the applicant and staff, including but not limited to additional and/or different locations and designs, and has determined that the application as approved would have a lesser impact on the aesthetics .and welfaze of the surrounding community as compared to other alternatives; .02 Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for collocation of facilities or for the efficient operation of the proposed facility; and .03 Any negative impacts of the proposed facility are properly mitigated. .970060 Operational Standazds. .9791-0601 General. All wireless communication facilities shall be erected, located, operated and maintained at all times in compliance with this section and all applicable City, State or Federal laws and regulations. .9792-0602 Radio Frequency Emissions Compliance. All wireless communication facilities shall comply with the federal requirements relating to radio frequency emissions and 38-10 Anaheim Zoning Code Supplemental Use Regulations maximum exposure limits provided in Title 47 of the Code of Federal Regulations, Sections 1.1307, 1.1310 and 2.1093, as those sections maybe amended from time to time. .888070 Application Submittal Requirements. In addition to other application submittal requirements that are imposed by this title, the following shall be submitted with any _,. application for a telecommunications antenna review permit or a conditional use permit .8880701 Photo simulations accompanied by a map indicating the location from which each image was taken. .88820702 A site and landscaping plan showing the specific placement of existing structures, trees, and other significant site features;. and indicating type and location of plants proposed to be used to screen wireless communication facility components and the proposed color(s) forthe wireless communication facility. .88&30703 Plans showing how connections to utilities will occur, the ownership of those utilities, and any proposed right-of--way encroachments or easements. .88840704 Plans showing the search ring for the proposed facility. ' .08830705 Plans showing how vehicle access will be provided. .08860706 A description of services proposed to be offered in conjunction with the proposed facility. .A8870707 A justification study indicating the rationale for selection of the proposed site in view of the relative merits of any feasible alternative site within the service area. This study shall also include the applicant's master plan which indicates the proposed site in relation to the provider's existing and proposed network of sites within the City and surrounding areas, including a map and narrative description of each site. For modifications or alterations to existing facilities, the applicant may be required to submit a justification study limited to the need to modify, alter or expand the facility. ,88880708 A co-location study examining the potential for co-location at an existing site. A good faith effort in achieving co-location shall be required of all applicants. Applicants who propose facilities that are not co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co- location. .88890709 At the discretion of the Planning Director, the applicant maybe required to,provide an authorization to permit the City to hire an independent, qualified consultant to evaluate any technical aspect of the proposed telecommunication facility, including but not limited to, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternate screening methods or devices or alternate (more suitable) locations. Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Any proprietary information disclosed to the City or the consultant is deemed not to be a public record and shall remain confidential and not be disclosed to any third partywithout the express consent of the applicant. .898080 Application Processing. Applications requiring a telecommunications antenna review permit shall be processed in accordance with Chapter 18.62 (Administrative Reviews) and applications requiring a conditional use permit shall be processed in accordance with Chapter 18:66 (Conditional Use Permits). 38-I1 Anaheim Zoning Code Supplemental Use Regulations .090 Conditions of Approval. All facilities permitted by a Telecommunications Antenna Review Permit shall be subject to the following conditions of approval .0901 That the telecommunications facility shall be limited to the design, as specifically identified on the approved plan on file with. the Planning Services Division. Said information shall be specifically shown on plans submitted for building Hermits, No additional antennas ore ui meet cabinets shall be permitted without the approval of the Planning Services Division. .0902 Thafthe portionbf the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion by providing regular' landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. .0903 That no signaee. flags, banners, or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building. .0904 That all equ~ment, including supply cabinets and power meter shall be screened from public view as required by the Community Services Department (if located on a municipally-owned park or golf course) and the Planning Deparhnent. Furthermore, clinging vines shall be planted adjacent to the equipment enclosure in order. to screen an associated with the facility and prevent a :0905 That all final plans for this telecommunication facility including the antennas and ground-mounted equ~ment enclosure shall be reviewed and approved b Community Services Department (if located'on a municipally-owned park or golf course). .0906 That the telecommunications equipment operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purooses. .0907 That before activating its facility, the telecommunications equipment operator shall submit to apost-installation test to confine that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriff s Department or a Division- anproved contractor at the expense of the telecommunications equipment operator. .0908 That the telecommunications equipment operator shall resolve all interference complaints within 24 hours. .0909 That the telecommunications equipment operator shall provide a "single point of contact" in its En~ineerine and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and a-mail address of that person shall be provided to the Planning Services Division. 38-12 Anaheim Zoning Code Supplemental Use Regulations .0910 That the telecommtmications eouipment operator shall ensure that any of its contractors, sub-contractors or aeents, or any other user of the facility, .shall comely with the terms and conditions of this nemiit. .100 Permit Review. The City recognizes that the technology associated with telecommunication equipment is subject to rapid changes and upgrades as a result of industry competition and customer demands, and anticipates that telecommunication antennas and related equipment with reduced visual impacts will be available in the future with compazable or improved coverage and capacity capabilities. The City finds that it is in the interest of the public health, safety and welfaze that telecommunication providers be required to replace older facilities with newer equipment of equal br greater capacity and reduced visual impacts as technological improvements become available. Conditionally permitted wireless communication facilities, therefore, shall be reviewed a minimum of five (5) yeazs from the approval date in order to review new technologies. No vested right to any facility approved by conditional use permit shall exceed this five (5)-yeaz period. .110 Removal. .1101 Lawfully erected wireless communication facilities that aze no longer being used shall be removed promptly from the premises, and no later than three (3) months after the discontinuation of use, except as otherwise provided by law. A wireless communication facility is considered abandoned if it ceases to provide wireless communication services for thirty (30) or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the City. The wireless communication provider shall send to the City a copy of the discontinuation notice required by the CPUC or FCC at the time the notice is sent to the regulatory agencies. .1102 All facilities determined to be abandoned and not removed within the required three (3)-month period from the date of notice shall be in violation of this section, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this title. The City may remove all abandoned facilities following the three (3)-month removal period at the operator's expense. Facilities removed by the City shall be stored for no less than fifteen (I S) days and thereafter be disposed of by public auction, if deemed to be of value by the City, or otherwise as pertitted bylaw. .120 Nonconformities. Wireless communication facilities shall comply with the provisions of Chapter 18.56 (Nonconfomuties). 38-13 ITEM NO. 5 9 9 e - s w. `, ,. ~, ~b~baPE w i ,. c ~ g ~- - > ~. a s c r, µ t nuu~ T..v ,n~ f.^F. ~ F C t S r } {h. G Gf`f LNbO~ ~ 3,8 ~ i N b ~ r ~ 9b P r ~ pp '. ~ yT „Y . ..s .,.i G^ d "'~ g ~f w ~ C 5 ~' ~,~,b a s ''°~,L r ~: Zoning Code Amendment 2005-00036 Subject Property Date: September 7, 2005 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. City-wide TO AMEND CHAPTERS 18.04 (SINGLE-FAMILY RESIDENTIAL), 18.06 (MULTIPLE-FAMILY RESIDENTIAL) AND 18.40 (GENERAL DEVELOPMENT STANDARDS) TO INCLUDE PROVISIONS FOR SOUND ATTENUATION IN NEW RESIDENTIAL DEVELOPMENTS AND TO AMEND CHAPTER 18.42 (PARKING AND LOADING) TO LIMIT DRIVEWAY CUTS FOR SINGLE FAMILY RESIDENCES WITH PUBLIC ALLEY ACCESS AND TO REQUIRE PAVED SURFACES FOR PARKING AND OUTDOOR STORAGE AREAS. City-wide 1966 ITEM NO. 5 Zoning Code Amendment 2005-00038 P.equested By: CITY OF ANAHEIM Subject Property Date: September 7, 2005 Scale: Graphic Q.S. No. City-wide TO AMEND CHAPTERS 18..04 (SINGLE-FAMILY RESIDENTIAL), 18.06 (MULTIPLE-FAMILY RESIOENTIAL) AND 18.40 (GENERAL DEVELOPMENT STANDARDS) TO INCLUDE PROVISIONS FOR SOUND ATTENUATION IN NEW RESIDENTIAL DEVELOPMENTS AND TO AMEND CHAPTER 18.42 (PARKING AND LOADING) TO LIMIT DRIVEWAY CUTS FOR SINGLE FAMILY RESIDENCES WITH PUBLIC ALLEY ACCESS AND TO REQUIRE PAVED SURFACES FOR PARKING AND OUTDOOR STORAGE AREAS. City-wide 1966 Page 1 (5) Sections 1, 2'and 3 of the dr. Chapter 18.40 (General DevE Developments." The purpos study, for all residential proje expressway, major arterial or Residential Zones) and 6-A be amended to reference the (6) The purpose of the above-de of residentiaG developments, Building Code.. and cannot tie required to attenuate noise tc a lot, as well as within any co single-family and multiple-fan a maximum'level of 65 dB Ct not be prescribed for the fron within the private patios or tie used to determine the prbjed identify measures that would ~..y ...~ ~ ...y-., ,..y,.: ., centers. [DRAFT] ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TABLE 4-A OF SECTION 18.04.030 OF CHAPTER 18.04, TABLE 6-A OF SECTION 18.06.030 OF CHAPTER 18.06 AND SECTION 18.42.060 OF CHAPTER 18.42 AND ADDING SECTION 18.40.090 TO CHAPTER 18.42 OF TITLE 18 OF THE ANAHEIM MUNICII'AL CODE WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5920 to amend Title 18 (Zoning) of the Anaheim Municipal Code in its entirety for the purpose of implementing the Land Use Element of the new General Plan, updating the land uses and development standazds, modifying the Zoning Code format to make it easier to find land use and development information, and assuring that the Code complies with state statutes and other applicable laws; and that said amendment was designated as Zoning Code Amendment No. 2004-00029; and WHEREAS, pursuant to Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code, provisions of Title 18 (Zoning) may be amended to enhance and preserve the general welfaze when adopted by an ordinance of the City Council in the manner prescribed by law; and , WHEREAS, pursuant to subsection .020 (Text Amendment) of Section 18.76.030 (Initiation) of the Anaheim Municipal Code, the Planning .Director did initiate various amendments to Title 18 for the purpose of revising certain code regulations pertaining to new residential development, sound attenuation for new residential development, and pazking dimensions and access; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA") on May 25, 2004, the Anaheim City Council, did by its Resolution No. 2004-94, certify Final Environmental Impact Report No. 330 and determine that said Final Environmental Impact Report No. 330 fully complies with CEQA, reflects. the independent judgment of the City Council, and was adequate to serve as the environmental documentation for Zoning Code Amendment No. 2004-00029 and for future discretionary actions described in Environmental Impact Report No. 330 including follow-up actions to con•ect or otherwise revise the updated Zoning Code adopted in connection with Zoning Code Amendment No. 2004-00029, such as the proposed Zoning Code amendments; and.. WHEREAS, the Planning Commission makes recommendations to the City Council regazding Zoning Code amendments; and WHEREAS, the City Council desires to amend title 18 of the Anaheim Municipal Code to further implement the General Plan and to enhance and preserve the general welfaze. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Table 4-A (Primary Uses: Single-Family Residential Zone) in Section 18.04.030 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as shown on Attachment A. SECTION 2. That Table 6-A (Primary Uses: Multiple-Family Residential Zone) in Section 18.06.030 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as shown on Attachment B. SECTION 3. That new Section 18.40.090 be, and the same is hereby, added to Chapter 18.40 of Title 18 of the Anaheim Municipal Code, to read as follows: "18.40.090 SOUND ATTENUATION FOR RESIDENTIAL DEVELOPMENTS .010 Applicability. Residential developments involving the construction of two (~) or more dwelline units, or residential subdivisions resultine in two (2) or more parcels and located within six hundred (6001 feet of anv railroad freew~ expressway major arterial orprimary arterial, as desianated by the Circulation Element of the General Plan shall comply with the provisions of this section. The construction of an accessory dwelling unit such as a second unit or senior second unit as prescribed in Section 18.38.230 shall not constitute a "residential development" subiect to the provisions of this section: :020 Study Required. A noise level analysis shall be performed for any new residential development or subdivision to deternrine the projected interior azid exterior noise levels within the development: The study shall include mitigation measures that would be required to comply with applicable Citv noise standards, as identified in this section. The study shall be provided by the applicant, at its sole expense to the City at the time of application for development the residential development or subdivision. .030 Attenuation. Mitigation measures, without limitation may include masonry walls, an earthen berm or a combination thereof Masonry walls must comply with the requirements of Chapter 18 46 (Landscaping and Screening) The hei t of aziy~roposed walls may not exceed the maximum height limitations of the underlying zone unless a variance is granted b ty he approval authority or City Council on appeal in accordance with the procedures established in Chapter 18.60 (Common Procedures) for the processing of variances .040 Single-Family Detached. Exterior noise within the private rear yard of any single family lot and/or within anv common recreation areas shall he attenuated to a maximum of sixth z five (65) dB CNEL. Interior noise levels shall be attenuated to a maximum of forty-five (45) dB CNEL or to a level designated by the Uniform Building Code, as adopted by the City. -- ----- .050 Single-Funily Attached or Multiple Family. Exterior noise within -comrmmon recreation azeas of guy single family attached or multiple family dwelling_project shall be attenuated to a maximum of sixty-five (65) dB CNEL. Interior noise levels shall be attenuated to a maximum of forty-five (45) dB CNEL, or to a level desiinated by the Uniform Building Code, as adopted by the City. .060 Minor Deviations. Notwithstanding any provision of this Code to the contrary, the Planning Commission may Brant a deviation from the requirements imposed by subsections 040 and .050 of fhis section pertaining to exterior noise levels in accordance with the procedures established in Chakter 1$.60 (Common Procedttresl for the processing of variances except that the findings set forth in Section 18.74.060 (Findin~sl of Chapter 1.8.74 (Variances) shall not be required and provided that before any such deviation is granted by the Planning Commission, the evidence presented shows that all of the following conditions exist: .0601 The deviation from prescribed levels does not pertain to interior noise levels• 0602 The deviation does not exceed five (51 dB CNEL above the prescribed levels for exterior noise: and .0603 Measures to attenuate noise to the prescribed levels would compromise or conflict with the aesthetic value of the project SECTION 4. That Section 18.42.060 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "18.42.060 PARKING DIMENSIONS AND ACCESS. Except as otherwise provided herein, the following minimum standards shall apply: .010 Minimum Dimensions of Vehicle Accessways. The minimum turning radius of any vehicle accessway shall be in accordance with Engineering Standazd Detail Nos. 601/602-E (pertaining to minimum parking dimensions); provided, further, that al] covered or enclosed residential pazking spaces shall have a minimum cleaz vertical access height of not less than nine (9) feet. .020 Driveway Cuts for Single-Family Residences. .0201 Driveway cuts for single-family residences shall comply with Planning Detail No. P-1 (Driveway cuts for Single-Famil~Residences -Designs Permitted and Not Permitted), as approved by the Planning Director. 3 .0202 Single-family residences that have leeal access to a public alley shall not take vehicle access directly onto a public street unless the Planning Director determines-that at least one of the following conditions exist: .Ol That access to the public alley is not feasible because of existine permanent obstructions that preclude access to code-required parkin~• or .02 That a minimum of seventy five percent (75%) Of the lots within 1,000 feet and on the same side of the street have direct vehicle access to the public street. .0203 The decision of the Plannint; Director may be appealed to the Planning Commission pursuant to Chapter 18.60 (Procedures). .030 Gated Vehiculaz Accessways. Gated vehiculaz accessways shall comply with Engineering Standazd Detail No. 609 (pertaining to gate standazds), .040 Minimum Dimensions of Parking Spaces. All pazking spaces shall be designed, improved and maintained in compliance with Standazd Plan No. 436 (pertaining to handicapped pazking standazds), Standazd Plan No. 601/602-E (pertaining to off-street parking standazds), and Standard Plan No. 604 (pertaining to parking structure cleaz spans). .050 Screening. Any required covered pazking spaces shall: be visually screened by solid components amounting to not less than fifty percent (50%) of each wall. Such screening may consist of solid walls, wood latticework, or other azchitectural devices. .060 Parking Surfaces. All vehicle parkin and outdoor storage areas shall be fully paved with a solid materials, such as concrete or asphalt.." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declazes that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declazed for .any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofaz as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. 4 SECTION 5. PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of , 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the day of 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 58661.v2/mgordon/07.11.05 s Table 4-A PRIMARY USES: SINGLE-FAMILY RESIDENTIAL ZONES P Permitted by Right C Conditional Use Permit Required , ._ '. N Prohibited fItII-1 IRH-2 RH-3 SRS-1 IRS-2 -3 !RS-4 ,S ecial Provisions RResidential Classes of Uses wellings-Single-Family ~ etached P ~ I ~ ' i C I obile Home Pazks C esidential Caze Facilities I P Note on Table 4-A -Residential Classes of Uses: ew Residential Develo ment. All new residential develo ment within 600 feet of ur railroad , freewa ex resswa ma'or arterial or rimaz arterial as deli ated b the Circulation Element f the General Plan is subject to the rovisions of Section 18.40.090. on-Residential Classes of Uses 'cultural Crops IP ~ ~l tennas-Private Transmitting ~ ~ ~ Subject to § 18.38.040 ed & Breakfast Inns ' C C Must be located on Ian arterial highway; subject to § 18.38.080 eekee in ' C Q~l ommunity & Religious ssembl C C C C C ~ C onvalescent & Rest Homes ;C C C a Care Centers C ;C C ~C C C 'C ~ ducationai Institutions-General ;C C C C C C ' C ~ :Golf Courses & Coun Clubs ~C C C C C C ~ rou Caze Facilities C C C C C C C Oil Production C Subject to 18.38.180 ublic Services 'C C C C C C C { ecreation-Low hn act C iC C C C ,C ~C ransit Facilities C ~C C C C C C tilities-Minor C C C 'C C C C 58705.1 Table 6-A P Permitted by Right PRIMARY USES: MULTIPLE-FAMILY i C Conditional Use Permit Required RESIDENTIAL ZONES ~ Prohibited I 2 I I I 3 -4 Special Provisions ~ - esidential Classes of Uses wellings3vlultiple Family C P P P Subject to § 18.38.100; affordable ousing maybe developed ursuantto Chapter 18.50 wellingsSingle-Family Attached C P C C wellings requiring a conditional se permit are subject to § 18.06.160 wellingsSingle-Family Detached N P P P (a) Allowed only when combined ith single-family attached dwellings within the same project;' or (b) one single-family detached dwelling allowed on one legal lot 'n existence on the effective date f this chapter using the RS-2 and S-3 zone based on lot size obile Home Parks N C C C esidential Caze Facilities P P P ~ P Senior Citizen Housing C C C C Subject to Chapter 18.50 ote on Table 6-A-Residential Classes of Uses: ew Residential Develo merit. All new residential develo merit within 600 feet of an ailroad freewa ex resswa ma or arterial or rim arterial as desi ated b th Circulation Element of the GeneralPlan is subject to the rovisions of Section 18.40.090. on-Residential Classes of Uses tennas~roadcasting C C C C tennasd'rivate Transmitting C C C C Subject to § 18.38.040 tenna~Telecommunications C C C C Subject to§18.38.060 ed & Breakfast Inns N C C C Subject to § 18.38.080 otnmunity & Religious C C C C ssembly Table 6-A PRIMARY USES: MULTIPLE-FAMILY RESIDENTIAL ZONES P Permitted by Right C Conditional Use Permit Required ~ Prohibited __- II f ARM-1 RM-2 -3 RM-4 Special Provisions Convalescent & Rest Homes N N N C ay Caze Centers C C C C -- ducationalInstitutionsGeneral N N C C Golf Courses & Country Clubs N N C C ,Group Caze Facilities C C C C it Production N C C C Subject to §18.38.180 ublic Services C C C C ecreatiota-Low-Impact C ~ C C C ecreation-Swimming & Tennis C C C C oom & Board C C C C ransit Facilities C I C C C tilities-Minor C C C C 58706.1 CITY OF ANAHEIM - CALIFORNIA COl1NCIL POLICY Subject: Policy Effective Number Date Page SOUND ATTENUATION IN RESIDENTIAL PROJECTS 542 9/30/75 Z of 2 It is the policy of the City Council that a noise level analysis shall be performed far any proposed residential development located within a~ix hundred (6DD) feet of any .existing or adopted freeway, expressway, major arterial highway, primary arterial highway or railroad and that the Planning Commission be authorised to waive specific.requirementa, subject to appeal to the City Council. The following noise attenuation features shall be incorporated in these residential developments as required to reduce the noise levels as indicated. In single-family residential developments located within six hundred (600) feet of any existing or adapted freeuiay, expressway, major arterial highway, or primary arterial highway there shall be a sound barrier capable of reducing the sound of motor vehicles to a maximum of 65 dB CNEL at any point six (6) feet above ground ZeveZ within the development. The. sound barrier shall consist of on earth berm, a masonry wall or a combination thEreof, provided that a masonry wall which is used as a sound barrier shall not exceed six (6) feet tin 3:eight. Where vehicular or pedestrian.accesa through the barrier is permitted gates or baffles may be provided; however, said access shall be designed to minimize sound transmission. In multiple-family residential developments located within six hundred (60.01 feet of any existing or adopted freeway, expressway, major arterial highway, or primary arterial highway, there shall be a sound barrier capable of reducing the sound of motor vehicles to a maximum bf 65 dB CNEL at any point six (6) feet above ground level in all exterior areas other than driveways, carports and parking areas. The sound barrier may consist of an earth berm, a masonry wall, or any portion of the structure. No habitable residential structure shall be located Zess than one hundred (I00) feet from a railroad track. 77 CITY OF ANAHEIM COUNCIL - CALIFORNIA POLICY Subject: SOUND ATTENUATION IN RESIDENTIAL PROJECTS Policy Effective page Number Date 542 1 9/30 4. In all residential developments located within six hundred (600) feet of a railroad track, there shall be a sound barrier which will provide Zine-of-eight shielding from aZZ ,points eight (8) feet above the tracks to the eaves of all habitable structures located within six hundred (600) feet of the tracks. The sound barrier shall consist of an earth berm, a masonry wall, or a combination thereof. A masonry wall,whieh is used as a sound barrier,ahaZl be no more than six (6) feet high. Where vehicular or pedestrian access through the barrier is permitted, gates or baffles may be provided; however, said access ahaZZ be designed to minimize sound transmission. 5. Residential stru.eture shall be designed to limit the interior noise caused by motor vehicles or railroad trains to a maximum of 95 dB CNEL on an annual basis in any habitable roam with windows closed. Proper design may include, but shall not be limited to, building orientation, double or extra-strength windows, wall and ceiling insula- tion and orientation and insulation of vents. Where it is necessary that windows be closed in order to achieve the required level, means tit shall be provided far venti- lation/cooling to provide a habitable environment. ITEM NQ & a s e®° ~ m®® -®~ 0 ~~L BLOSSOM LN T G~PC1 RCL 75-76-32 (Res. of Int. to RS-7200) l~~~ RS-2 RCL 2005-00163 VQ- RM-4 VAR 2005-04653 ~O~ RCUP ~-062865 TPM 2005-192 15 DU VACANT QQ' / G 1 DU EACH 26' ^~ 133 ~~ S99' la the centeAine A BURTON ST `u o/Acana Sfreet ~-° BURTON ST T RS-Z N { `° nn RCL 75-76-32 1 DU EACH FULLERTON CITY LIMITS , E -~ ~ ¢~ (Res of Intent to RS-7200) RCL 56-57 I 1 ~ANAHEIMCI7YLIMITS ~ ~"~~" . '' U RIVERSIDE FREEWAY (SR-91) RS-2 1 DU EACH RS-2 i DU EACH ROSEWOODAVE 1 DU EACH r/1 RS-2 p 1 DU EACH O O RS-2 = w 1 DU EACH iDU EACH H~ a N' ~ PINEWOOD AVE MERONA PL ° ~~ ' ~ _ -.. V I Reclassification No. 2005-00163 Subject Property Variance No. 2005-04653 Date: September 7, 2005 Tentative Parcel Map No. 2005-132 Scale: 1" = 200' Requested By: EVART C. FOUNTAIN Q.S. No. 91 RECLASSIFIGATION NO. 2005-00163 -REQUEST RECLASSIFICATION OF THE PROPERTY FROM THE T (TRANSITION) ZONE TO THE RS-2 (RESIDENTIAL, SINGLE-FAMILY) ZONE, OR A LESS INTENSE ZONE. VARIANCE NO. 2005-04653 -REQUESTS WAIVERS OF: (A) MINIMUM LOT WIDTH (B) MINIMUM LOT AREA TO CONSTRUCT FOUR SINGLE-FAMILY RESIDENCES. TENTATIVE PARCEL MAP NO. 2005-132 -REQUEST TO ESTABLISH A 4-LOT, 4-UNIT DETACHED SINGLE FAMILY SUBDIVISION. 1400 East Burton Street lass Attachment -Item No. 6 August 25, 2005 Ms. Cheryl Flores City of Anaheim Planning Department 200 S. Anaheim Boulevazd, Suite 162 Anaheim, California 92805 Tel: (714) 765-5017 Fax: (714)765-5280 RE: LETTER OF CONTINUANCE 9/7/2005 Planning Commission Hearings 1400 E. & 13302 W. BURTON STREET ANAHEIM, CA 92805 PARCEL#: 073-344-03 & 073-34417 ZONING T Dear Ms. Flores: As per our conversation yesterday, August 24, 2005 we might not be able to complete all required documents for the September 7, 2005 Planning Commission Hearings. Specifically, an updated Tentative Parcel Map which truly and legally reflects all ownership rights. Regretfully, I am writing to ask for a delay of the hearings until October 3rd, 2005. Thank you for your time and wnsideration. I am looking forward to hearing from you soon. Best regards, ,~~ Alan Nguyen 15401 Firnrona.4venue. Imm~dak CA 90260 Ce11• (3f0f 720-8307-Email Haugiang(a aoCcam ITEM NO. 8 ~~ A 3~" ~ ~O y ~1 E~ ~ ~~ ~U N VDU ~ EES lr,VIGRN~SjR.c,i9l CV PR 96 N 1 ac~9, o-~ w ~ EACH ~ 1 U 2DU r 159 C1 ~ 9 ft'~~ C 7C 9 o a i... 3" 968-12 P O g 3 c p~ R G mZi 31 8,2 z - ~3 R - nm G Z DU Ka R G9x -+ DU ~ ~PUTO N ~n o ago m Z REP 3 1 R5.3 ~ G .9 c m"' m c y GUPTo- m xO ti. A m M t1vE g U ,+' m 2 ' ~ Pr~1N~ pRNE G2 DU EP'1H ry5-3 -1~. O 2DU O ~\115 v~D1 952 53.1 U U r C_ R9Q g1-16 m RDA EACH 2 r C-O ~' y L CFPICE alb o pp ~ CUP 2 05-05016 Nt 53~ O gpp7D G + CUP200}04760 ~® A 1 GU t ~ i'n _ CUP 3750 Fyg-2 (11 VPR 125 ? cUP 2342 ~1DU EPD\ O Z 30U m 4 OU m 20U m4 1 2DU ~. +~ a4R 1992 Conditional Use .Permit No. 2005-05016 Requested By: MIGUEL VASQUEZ 1 2192 OPKERY REQUEST TO PERMIT AND RETAIN AN AUTOMOTIVE SALES LOT. 804 North Anaheim Boulevard 1 iU O Z m 1DU a VAR 2372 DDU `M DU 1~` 13DU 1Du Du. pCH N + 3 pU c 1 DU ~' EADH VPa 32612 \\ a~~51.52~ \2 DU A VPa 1819 N ( l~W EPDH /+ ' Subject Property Date: September 7, 2005 Scale: 1" = 200' Q.S. No. 71 1967(2005-8-30) °' ~ (CUP 1621) 0 1949"1 ~~~uP io~wp Ana NAR 1946-6) o ~° USEO CAR LO7 PP1F ~ 1 .,: - F ~ ~., ~` a `"~ 45 r K . v ~~~~s ~ P a~~`5 1'CREET ~sE° R~HS ~o _ ND U vPR aD Yµ 2938 1433 ~~ " ~ \ VPR 2p0,- 1 DU ITEP~I NO. 8 Date of Aerial Pholo: May 2002 Conditional Use Permit No. 2005-05016 Requested By: MIGUEL VASOUEZ REQUEST TO PERMIT AND RETAIN AN AUTOMOTIVE SALES LOT. 804 North Anaheim Boulevard Subject Property Date: September 7, 2005 Scale: 1" = 200' O:S. No. 71 iss~ J YS ~„ 'S I ?'~ Y ,x dG ~~ F Xw €;..`3' E 5 ~' a ~' +3 ; ~ `~.` ,~ ~ s ~~tJse ~` ri „` ~~ ~ ~ $~tf~re Feef rv ~ y .r z.. ~ ~CO(le RegY~fied` ~ ~ r- `Cod~~Reg4tred ~ ~ r ~ ~ ~ ~ ` ~ , ~ u~~•~ ~ w " ~ ~' r t~~ ~ a R~ w ;a , ~ ~,. 4 r , u ~ i arkin Ratios .~,~ ,. ~ 6 to r P 4 (per 1;000 s.f. of Office 360: GFA 1 t4 :4 (per 1,000 s.f. of Outdoor Uses 4576: outdooCarea 1'.6 Total 3 [® ~~, RESOLUTION NO. PC2005--°'* A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05016 BE GRANTED (804 NORTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange; State of Califomia, described as: LOT 2 IN BLOCK "I" OF TRACT NO. 304, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE(S) 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 2005 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and studymade by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08:030.040.0402: to permit and retain an automotive sales lot. 2. That the proposed use, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it isprdposed to be located because the site is surrounded by commercial businesses, including other automotive uses. 3. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the public health and safety because the properly is of adequate size and shape to accommodate the use; and that the proposal complies with the applicable development standards for the underlying GG (General Commercial) zoning: - 4. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim: 5. That "* indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1, (Existing Facilities) of the State of California CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Pertmit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That no window signage shall be permitted. cr~PC2005- -1- PC2005- 2. That no banners or other advertising shall be displayed; and that no special event permits shall be issued for this business. 3. That no on-site maintenance of vehicles (other than washing) shall be permitted. 4. That the proposal shall comply with all sign regulations of the C-G (General Commercial) Zone unless a variance allowing sign waivers is approved by the Planning Commission. All signage shall be subject to review and approval by the Planning Services Division. Any decision regarding such signs may be appealed to the Planning Commission as a'Reports and Recommendations' item.. 5. A valid business license shall be maintained from the City Business License Division. 6. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage, 7. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 8. That customer parking spaces shall be striped and clearly marked'customerparking only'; and that at no time shall customer vehices be stacked, double parked, or left standing in tandem in front of, or adjacent to the buildings; and that the number of display vehicles shall be limited to seven (7). 9. That the property owner implement appropriate non-structural and structural Best Management Practices ("BMPs") in order to minimize the introduction of pollutants to the storm water drainage system. A plan demonstrating compliance with the BMP's shall be submitted tc the Public Works Department, Development Services Division, for review and approval. 10. That four (4) foot high address numbers shall be maintained on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent street or properties. 11. That no vehicle dismantling shall be permitted on the premises. 12. That test driving of vehicles shall be prohibited within adjacent and nearby residential neighborhoods. 13. That no amplified sound systems shall be utilized outside the building. 14. That the hours of operation shall be limited to 9 a.m. to 7 p.m., daily, as stipulated by the applicant: 15. That the parking lot serving the premises shall be equipped withdighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 16. That the property owner shall submit a letter to the Planning Services pivision requesting termination of Conditional Use Permit No. 3750 (to permit an automobile sales lot with waiver of minimum refuse storage requirements) and Conditional Use Permit No. 2003-04760 (to permit and retain an automotive sales lot).. 17. That subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No.1, and as conditioned herein. 18. That prior to the commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 8, 9, 10, 15, 16 and 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions -2- PC2005- may be granted in accordance with Section 18.4p:040.040 and 18.42.040.010 of the Anaheim Municipal Code. 19. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval pf the request regarding any other applicable ordinance, regulation or requirement. BE IT RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolutlon is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to commencing the activity authorized by this permit, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Cade pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 7, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005- ITEM NO. 9 WESTANAHEIMCOMMERCIALCORRIDORS I-CUr2uu4-u4a76 T-CUP 2004-04913 REVELOPMENT AREA CUP 2003-04710 ® CUP 2001-043fi6 ® I I RCL 53-547 I VAR 2002-04496 9 I RCL 53-54-7 CUP 1666 CL 53-547 AMERICANSTEEL I D RCL 53-54-7 cuP 7666 CUP 7e6e TECHNOLOGIES, INC RCL 52-53-5 ® ® v v m v v v m v v c RCL 52-53-6 CUP 2000.04206 SMALL OFFICE PARK ~- CUP 3292 9 CUP 7666 Q ~ o VAR 2fii3 VOCATIONAL I ~ m mm. ~ m OFFICE 6 SCHOOL ~ m ~ -~ m 9UILDING 0 - "' m UJ RCUP 76887 ~ ~ ~ y '- RCL 53-54-7 a o®®° ®® 6 ~ ~ o j ¢ ~ ~ ~ SMALL I _` ® pRIVE o WOODLAND DRIVE o = B ~`\ O :RCL 53-547 ~ RCL 5}547 I ® O~ GG D D CUP 1688 RCL 53-547 B~O RCL 73-7455 (8) I O CUP 1888 ® RCUP 74628 W ® RCL 53-547 O I OFFICE BLDG ® CUP 1686 ~ RCL 53-547 RCL 53-547 RCL C~ UFLDING Z 0 RCL 53-54-7 ip7 ~ CUP 3213 CU RCL 73-7455 (5) RCL 52-53-8 CUP 1888 RCL 52-53-8 U.I 9 CUP 2923 ` ~ m I ~ CUP 2248 GG ~ CUP 1888 ~ -~~ ~ '~ SN Q ~ s "''~ RGL 53647 CUP 1462 'RCL 73-7455 (21 9 OFFICE BLDG `~ CUP 1866 IMPERIAL RCUP 1642 Q ® * ~`~ SMALL OFFICE PARK RCL 53-547 THEATER ---I I DEL TACO O D I 7 I RCL 53-547 RCL 53-547 RCL 53-547 Z ~ T-CUP 206505013 RCL 53-547 CUP 1888 CUP 1888 ~ CUP 2002-64640 CUP 1888 SMALL INDUSTRIAL FIRMS R RCL 52 53617) ~ ® OFF CEIBLDG. RCL 53-547 r-CUP 266aa459e 8 SMALL INDUSTRIAL 455 (1) T cUP zooi-o iie APPLIANCE SHOP I FIRMS -5}5 T-CUP 2601-043]1 TCUP 2660.64255 7462 pOlUjP 1x62 2-04530 VAR 2664-046]1 LAND MAGNOLIAPLA2A ZA GG 3ACK IN fiHE 60X L 73-7455 (9 C-G CL 66-67-14 RCL 7374.55 (61 tCL 52-53-5 RCL BE-67-14 CUP 1462 RGL 52-5}8 OFFICE CUP 4657 BUILDING CUP 7462 InnnR ____________ I _______ ® ______~ \ I RCL 53-54-7 I RCL 66-fi7 RCL 66437-14 I SMALL INDUSTRIA RCL 53-5. RCL 53-547 I I ' FIRMS CUP 23: VAR 2673 RCL 53-547 I CUP 22[ l SMALL INDUS MEDICAL CLINIC ® RCL 66-67-ib FIRMS RCL 53-547 ~ I x0.67 u ~ ®. CUP 2626 I CUP 2556 - i st I o SMALL INDUSTRIAL cur zumiw4ss I RCL 53-54791 i S RV CE S MALL INDUSTRIA L E I FIRMS I STATION I ) ® m ® -® ® t 0 m ® 96 ~ ~ m v ® ® ® LA PALMA AVENUE L __ Conditional Use Permit No. 2002-04640 TRACKING NO. CUP2005-05013 Requested By: EVANGELICAL CHRISTIAN CREDIT UNION Subject Property pate: September 7, 2005 Scale: 1" = 200' Q.S. No. 24 REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON JANUARY 13, 2003 TO EXPIRE JANUARY 13, 2005) TO RETAIN APREVIOUSLY-APPROVED CHURCH WITHIN AN EXISTING OFFICE BUILDING WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 2568 West Woodland Drive 1966 ITEM NO. 9 Dale of Aerial Phole: May 2002 Conditional Use Permit No. 2002-04640 Subject Property TRACKING NO. CUP2005-05013 Date: September 7, 2005 Scale: 1" = 200' Requested t3y: EVANGELICAL CHRISTIAN CREDIT UNION Q.S. No. 24 REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON JANUARY 13, 2003 TO EXPIRE JANUARY 13, 2005) TO RETAIN APREVIOUSLY-APPROVED CHURCH WITHIN AN EXISTING OFFICE BUILDING WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 2568 West Woodland Drive ~sse [DRAFT] RESOLUTION NO. PC2005--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2002-04640, AND .. AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2003-8, ADOPTED THEREWITH (2568 WEST WOODLAND DRIVE) WHEREAS, on January 13, 2003 the Anaheim Planning Commission, by Resolution No. PC2003-8 approved Conditional Use Permit No. 2002-04640 to permit a church within an existing office building with waiver of minimum number of parking spaces at 2568 West Woodland Drive, with waiver of minimum number of parking spaces (52 spaces required, 20 spaces proposed); and WHEREAS, said Resolution No. PC2003-8 includes the following condition of approval: "1. That this conditional use permit shall expire on January 13, 2005." WHEREAS, this property is currently developed with an industrial/office complex containing 29 buildings, the underlying zoning is "I" Industrial and the General Plan designates this property for Industrial land uses; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain a church within an existing office building with waiver of minimum number of parking spaces pursuant to Chapter 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigafion and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the church is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the request to retain a church will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the church is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the health and safety. 4. That the facts necessary to support each and every required showing for the original approval of the entitlement exist; and that an inspection conducted by the Community Preservation Division of the Planning Department revealed that the use is operating in compliance with the conditions of approval imposed on the original permit except for a condition pertaining to roof top address numbers which has now been completed. 5: That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, :nor to the public peace, health, safety and general welfare. 6. That "` indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. cr\PC2005- -1- PC2005- Tracking No. CUP200&05013 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to reinstate this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on January 13, 2005, to expire on January 13i 2005) to retain a church in an existing office building; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2002-04640 is adequate to serve as the required erivironmental documentation in connection with this request upon. finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the reinstatement of this permit and deletion of the time limitation; and further, incorporates the conditions of approval contained in Resolution No PC2003-8 into a new resolution with the following conditions of approval: 1. That the hours of operation for the church shall be limited to the following, as stipulated to in the petitioner's letter of operation: Sunday services: 9 a.m. to 11 p.m. Saturday.band practice: 12 noon to 2 p.m. Monthly Monday Board meeting: 7:30 p.m. to 9:30 p.m. Tuesday through Friday office hours: 8 a.m. to 5 p.m. 2. That no portable signage shall be utilized to advertise the church. The permitted signage shall be limited to one (1) wall sign; and that any additional signs shall be submitted to the Planning Commission for review and approval as a "Reports and Recommendations" item: 3. That the only accessory school activity shall be Sunday school; and that this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school. 4. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses: 5. That outdoor special events shall be permitted. 6. That this project shall maintain compliance with approved plans for an of'A3" occupancy, as set forth in the California Building Code, 1998 Edition, and the Uniform Fire Code. 7. That the adult congregation at any one time shall be limited to one hundred ten (110) adults. If the number of congregates exceeds this number at any one time, the petitioner shall submit an updated parking study to the City Traffic and Transportation Manager for review and approval, prior to submittal to the Planning Commission for consideration at a noticed public hearing: 8. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurcence. 9. That four (4) foot high street address numbers shall be maintained on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent and nearby properties. 10. That the existing recorded unsubordinated covenantproviding reciprocal parking for church use for a minimum of fifty three (53) off-site parking spaces shall be maintained as a recorded instrument to ensure adequate parking for the church. -2- PC2005- 11. That subject property shall be maintained substantially in accordance with plans and specification submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department"` marked Exhibit Nos. 1, 2 and 3, and as conditipned herein. 12. That the approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations, approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirements. BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the property owner/developer is responsible for paying aII charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Moms, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 7, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005- Attachment -Item No. 9 MEMORANDUM CITY OF ANAHEIM Community Preservation Division DATE: AUGUST 8, 2005 TO: DELLA HERRICK, ASSOCIATE PLANNER FROM: DAN DOMINGUEZ, COMMUNITY PRESERVATION OFFICER SUBJECT: C:U.P. INSPECTION OF THE PROPERTY LOCATED AT 2568 WOODLAND C.U.P. #2002-04640, TRACKING CASE #CUP2005-05013 On Tuesday, August 8, 2005, I conducted an inspection of the property located at 2568 W. Woodland Dr. in response to a request from the Planning Deparhnent. A review of the current CUP revealed the property is in compliance with all conditions of the CUP, except for condition #10, requiring the street address numbers be displayed on the roof. I issued a Notice of Violation requiring the street address to be placed on the roof within 10 days, to the church pastor and a copy was mailed to the property owners. If you have any questions please call #4417 Attachment -Item No. 9 PETITION~Bt'~ STAT~11flEPdT 1 • , . JUII;TIFICA'PION I:OIa F8E1IdSTAT EPlT 1 Section 18.60.180 of the Anahakn RRuntdpel Code requires tt~t requests Por reinstatements or renewals of a 8me- Ilmlted permit shall ba made (n mrtienp tm later than atx (8) months afterths expUetlon dabs of the permit eoupht to be reinstated w ram and must ha aceompanled by en applca8on fwm.erur fhe required ftnn0 tea. CuP ~ 2002-04640 (over) CAeE a0. CUP ~0. :2002 - p 4 6 4 0 9tt-d doNaaO~d Id9-d .w,; ~atrlo goat-el-9o 2 Have the land ~ In itro Immedia4s viGnity diangad sirka the Isauarree of this use ~nnR or ver~nee? Yes ^ No ~~ ' • 3. Has any es of the naturo of Iha aperafbn ehanged aloes the tesuance of this rme ~rtnit or eadanee7 ~~~ No ' 4. Aro wndltlaoe of approval permtrdng to the uae ~rtntt or vaAatxe befog eomp9ed whtfT Yea No ^ ~ ns _ -- q/A only lagyosiinqq 3 year ex~~sisn. 5. H you era r~ueaflr~ a ddletlan ai the flme limitatlan, to U9a delatlon n Tor the wnUmmd operation oP this or varlarlea? ; Ye No (] td far t{-t, F..,Ialne ~ WUiV4r of ~I1e• A®rk'iYui sQueQ re4uiln rrnxtf ~;s r~fls v. J V/~. .. The appiteant for this is. Property Owneruthorf:ed Agent G to ria l..ua.. . Name oP Property t~arttar or Ruthorttad Agent (Please Print) ~, Stgneturo of Property Oamar or Auffiar~ed Agent . ~ `~~ Data R 0 We~~ sal-~ ao9ieo9•a tat-1 CUP. N0. 2002 - 0 4 6 4 0 -~rd ~39~10. 900E-rl-YO Attachment -Item No. 9 RESOLUTION NO. PC2003-8 •A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04640 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated In the City of Anaheim, County of Orange, State of California, described as: PARCEL 35 AS SHOWN ON THE MAP FILED IN BOOK 135, PAGES 19 THROUGH 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 2003 at 1:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due Inspection, investigation and study made by Itself and in Its behalf, and after due consideration of all evidence and reports offered al said hearing, does find and determine the following facts: 1. That the proposed use is propedy one forwhich a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.140 to wit: to permit a church in an existing office building with waiver of the following: Sections 18.06.050.020.026.0266 - Minimum number of parking spaces. 18.06.080 52 s aces required; 20 spaces proposed and concurred with by and 18.61.066.050 by the City Traffic and Transportation .Manager) 2. That the parking waiver is hereby approved based on the conclusions contained in the parking demand study submitted by the petitioner (which is described in paragraphs (16) and (17) of the January 13, 2003 Staff Report to the Planning Commission); and that approval of said waiver, under the conditions Imposed, will not cause fewer off-street parking spaces to be provided for the proposed church because a reciprocal parking agreement with 2551, 2572 and 2584 Woodland Drive will be entered into and the church will adhere to approved hours of operation. 3. That the waiver, under the conditions imposed, will not Increase the demand and competltlon for parking spaces upon the public streets and adjacent private property in the Immediate vicinity of the proposed use.. 4. That the waiver, under the conditions imposed, will not increase traffic congestion within the aff-street parking areas or lots provided for such use. 5. That the waiver, under the conditions imposed, wilt not impede vehicular ingress to or egress from adjacent properties, upon the public streets in the immediate vicinity of the proposed use. 6. That the proposed use, under the conditions imposed, will not adversely affect the adjoining office and industrial land useeor resUict the growth and economic development of the area in which it is proposed to be located. 7. Thal the size and shape of the property is adequate to accommodate the proposed use, as conditioned herein, in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare, and with no significant affects to adjoining properties. crtpc2003-8.doc -1- PC2003-8 8. That the traffic generated by the proposed use, as conditioned herein, will not impose an undue burden upon the streets and highways designed and Improved to carry traffic In the area because the church will operate during off-peak times in terms of the surrounding industrial uses. 9. That granting this conditionatuse penhR, under the conditiohs imposed, will not be detrimental to the peace, health, safely and general welfare of the citizens of the City of Anaheim. 10. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Cily Planning Commission has reviewed the proposal to permit a church in an existing office building with waiver of minimum number of parking spaces on an irregularly-shaped 0.35-acre property having a frontage of 69 feel on the west side of Woodland Drive and a maximum depth of 127 feet, being located 330 feet east of the centerline of Magnolia Avenue and 185 feet south of the centerline of Woodland Drive (east-west portion), and further described as 2566 West Woodland Drive (north-south portion); and does hereby approve the Negative Declaration upon finding that the decoration reflects the Independent judgment of the lead agency and that it has wnsldered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the.proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim:' 1. That this conditional use permit shall expire on January 13, 2D05. 2. That the hours of operation for the church shall be limited to the following, as stipulated to in the petitioner's letter of operation: Sunday services: 9 a.m; to 11 p.m: ` Saturday band practice: 12 noon to 2 p.m. Monthly Monday Board meeting: 7:30 p.m, to 9:30 p.m. Tuesday through Friday office hours: 8 a.m. to 5 p.m. 3. That no portable signage shall be utilized to advertise the church. The permitted signage shall be limited to one (1) wall sign; and that any additional signs shall be submitted to the Planning Commission for review and approval as a "Reports and Recommendations" item. 4. That the only accessory school activity shell be Sunday school; and that this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school. 5. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 6. That no outdoor special events shall be permitted. 7. That this project shall comply with the requirements of an "A3" occupancy, as set forth in the Califomfa Building Code, 1998 Edition, and the Uniform Fire Code: Said information shall be specified on plans submitted for.Building Division and Fire Department approval 8. That the adult congregation at any one time shall be Ilmited to one hundred teh (110) adults. If the number of congregates exceeds this number at any one time, the petitioner shall submit an updated parking study to the Cily Traffic and Transportation Manager for review and approval, prior to submittal to the Planning Commission for consideration at a noticed public hearing, -2- PC2003-6 9. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty (our (24) hours from time of occurrence.. 10. That four (4) fool high street address numbers shall be displayed on the roof of the building irta contrasting color to the root material. The numbers shall not be visible to the street or adjacent and nearby properties. Said information shall be specifically shown on plans submitted for Police Department., Community Services Division, review and approval... 11. That the legal owner of subject property shall prepare an unsubordinated covenant providing reciprocal parking for church use for a minimum of fifty three (53) off-site parking spaces. Said covenant shall be submitted to the Cily Traffic and Transportation Manager and the Zoning Division for review and approved. The covenant shall be in a farm satisfactory to the City Attorney and, following approval by the Cily, shall be recorded in the Office of the Orange County Recorder. A copy of the recorded covenant shall be submitted to the Zoning Division. 12. That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and approved by the Planntng Commission, and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein. 13. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of Ihis resolution, whichever occurs nrst, Condition Nos. 7, 10 and 11, above-mentioned, shall be complied with. Extensions for further lime to complete said conditions may 6e granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 14. That prior to final building and zoning inspections or prior to commencement of the activity authorized by this resolution, whichever occurs first, Condition No. 12, above-mentioned, shall be complied with. 15. Thal approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation orrequirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of tha conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any coUrl'of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 13, 2003. (Ortgtnal signed by Paul Bosttsick~ CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: IOrlglntol talgneA 6y E7®anor R~oreitai SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -3- PC2003-8 I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission., do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning.,. Commission held on January 13, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: 8OSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ' ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have'hereunto set my hand this day of 2003. (Original nl~ned by EI®anor C~lorri~! SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2003-B Staff Report to the Planning,Commisson September 7, 2005 Item No. 7 7a. CEQA'SUBSEQUENT EIR NO. 332 AND ADDENDUM ; (Motion) AND'MITIGATION'MONITORING PLAN NO.(138 7b. - GENERAL PLAN AMENDMENT NO;'-2005-00434 (Recommendation resolution) 7c. , AMENDMENT+TO THE PLATINUM TRIANGLE MASTER LAND (Recommendation resolution) USE PLAN(MISCELLANEOUSPERMIT NQ 2005-001111 7d. r RECISSION IN PART OF THE RESOLUTION OF INTENT (Resolution) PERTAINING T6 THE RECLASSIFICATION OF SITE 2 /AAICCCI I AAICllT-1 COC~AAIT AI!\:n/\nC nnAAC\ ?. 7h. DEVELOPMENT`AGREEMENT N0.;2005-00008 (Recommendation resolution} 7i. ;` REQUEST FOR CITY COUNCIL REVIEW OF ITEM NOS. 7e and 70 (Motion) SITE LOCATION'AND DESCRIPTION: (1) This approximate 41.4-acre project site is generally located between KatellaiAvenue and Gene Autry Way, extending from State College Boulevard to just west of Betmor Lane'in an area of the City of Anafteim known as The Platinum Triangle. The project site is further identified as Sites 1 and 2 on the map below Site 1 encompasses 31 acres located at 1200- 1558, 1700 and 1800 East KatellaAvenue, 1301-1395 and 1551 Gene Autry Way, 1870, 1871, 1880, 1881, 1890; 1891, 1900 and 1901 South Chris Lane, 1833 and 1841 South State College Boulevard, 1800 and 1801 East Talfiot Way. Site 2 encompasses 1.0.4 acreslocated LlJfZa/~~j r '> ~ !!jj o to HOWELL AVE. ~ I( iF A ,Q KAlELLA AVE v S`/ z ;.. hmmmm>mTmnl ,•, ~<, / \ '.:/ \\ /::: // '-LR ~ Ir n::II. 117// A ,,:i SR-GPA2005-00434cdf 1 adjacent#o a new street designated as Market Street. The plan include: new connector streets and associated public facilities and infrastructure: (3) This item was continued from the August 22, 2005, Commission meeting to compile additional information for consideration: by the Planning Comi 2 L_ BAC (4) commerc .4,124 re (7) This proji .Plan des'. These neighborhoods will be unified approximately 150,000 square feet o public park spaceand new connecto (g) As previously mentioned, the Commi Code Amendment (ZCA2004-00036; to projects consisting of 12 acres or'i approach to comprehensively plan ai 4 Followinc surces contlit (d) Althouc Conditii PTMUi condotf full-size spacio the unit .~_.~..' 6 Staff Report to the `i its Addendum and a mitigation measure has b Plan No. 138 requiring' he submittal of a sfadt Site Plan. The purpose of the study is demon: shadow sensitive receptors' exposure to natur duration of the season: for at least 50 percent `c areas include residential, recreational, outdoor imposition ofYhis mitigation measure, SEIRNo 7 Sta Pla Sep Iter proposed building heights will not have any adverse impact on either the growth and development of the area. Further, the PTMLUP and: provide for the development of a dynamic mix of land uses'and upsc housing at densities of up to 100 dwelling units/acre. The' ncorporat feet in height would be consistent witfi the intenYof the PTMU Overly mix of building types and sizes. The attached draft resolution (Attacl this action. DEVELOPMENT'AGREEMENT NO. 2005'-000081 (17) In 1982, the Legislature of he State of California adopted: Section 6~ California Government Code authorizing a city and an applicant for z enter into a development agreement, permitting:cities to contract witl owner'/developers for their mutual benefit in a manner notothenvise A development agreemenfis a contract for development which provj~ owner/developer a vested right to proceed with an approved develop entitlement along;with established regulations and fees, iri exchange benefits over andlabove what would otherwise be requiredjby existin ordinances. (18) On November 23'; 1982, the City enacted Ordinance No. 4377 makin Statute and adopted Resolution No. t32R-565 (ProceduresResolutioi procedures and requirements for the consideration of Development 7 of an application by the City. On August 17, 2004, the City' Council 2004-179 approving the form of the standardized Platinum Triangle'[ to implement projects in the' PTMU Overlay Zphe. The Agreement is property owner/developer with a maximum amount of flexifiility while. and maintenanceof high quality projects that carry out the'"vision for; As indicated in paragraph (5) of this staff report, an amendment to tl1 is in process and'is anticipated to be considered:. by the City Council i (the subject Development Agreement' incorporates said amendment: (19) Pursuant to the Procedures: Resolution, the Planning Commission is Ye recommendation to the City;Councif relative to the proposed Developrc Planning Commission must determine whether the applicant has demc enter into the Development'Agreemenk by finding the project satisfies t eligibility requirements setforth below:. (a) That the project shall!occupy of least 50 acres; or (b) That, upon completion, the project shall result in the'construction dwelling units, 250,000 square feet of commercial-office space,; of industrial space; or' (c) That the project will be constructed in phases over an anticipates han 5 years; or (d) That a project shall be eligible if he Planning Director finds that. t safety or general welfare of thercitizens of Anaheim will best be s application(for consideration bythe Plannirg Commissicn and Ci The Commissiom'must alsoidetermine whethertfie proposed Agreemei the General Plan, compatible with the`uses authorized in and the regut the applicable zoning district, compatible with the orderly development: s ~~=PTMU~Overlay:Zone 3Eanbards :< DevelopmelitStariaard Q~oposed Protecti Site Area ! 41.4 acres (gross): Over 12 acres required for a Master : 40.6 acres (net) Site Plan Number'of Dwelling 66 units/acre Minimum 50 units required and Units/Acre (2,681 total units) '' maximum of 100 du/acre is allowed,'; :Minimum density of 15 provided that within a Master Site dwelling units per acre Plan, he densities associated with :(street townhomes) and each`development area may exceed: maximum density of 100 tlu/acre provided thatthe overall' '249 dwelling units per project site density does not exceed `i acre towers 100 du/acre. Commercial Area 150,000 s.f. Ground floor retail required along Market Street and Gene Autry Way east'of Market Street, minimum 30- foot depth Height Up to 400 feet Heights in excess of 100 feet as a roved b conditional use ermit Product Types High rise'residential Residential projects of more than towers, street 40p dwelling units shall consist of townhomes, podium more han one building type such as townhomes and lofts tuck-under, wrapped deck; podium, !' mid-rise tower Parking TBD with Final Site The Code sets forth minimum Plan submittals parking requirements for residential usesland permits parkingspaces fore :'non-residential uses; o be determined as;part of the Final Site+ Plan process.; f(23} The Me housini towriho adjace develoF the Deb to the `[ ~~"- :~~, _~,~ '- - 1b Development Area Site (Acres) Commercial Floor Space SF) ::Target bwelling Units Target 'Residential Density* (UPA) Maximum£ Height (Feet A 2.6 14,400 147 57 1011 B 2,4 ? 23,700 595 ` 248 400 C 2.1 - 4D;000 ,110 53 100 D 2.2 27,500 ':185 f 84 300 E 2.6 14;600 '419 161 300 F' 2.2 19;000 x278 1126 30~ G 1.5 10;800 ;104 ' 69.3 100 H 0.8 0 92 15 100 I 0.7 r 0 12 17 .100 d 2.8 0 :144 52 100 K 1.6 0 31 19 100 L' 1.5 0 `131 87 .100 M 2.4 0 215 90 350 N 1.4 0 (192 137 B00 O 2.9 0 + :106 37 900 NetDensi 29.6 150;000 12,681 91 400 Public Park 9 3.0 Public Park 2 0.5 Public Streets 7.6 Totals 40.6 net 150,000 '2,681 66 400 Platinum Triangle District Name Size: (Acres) Commercial Floor Space SF) Target Dwelling Units ' F A R" Kateila 33.6': 95;700 '2,190 2.26 Gene Aut 7.0' 54;300 491 2:37 Total 40.6': 150;ODD 12,681 2:29 3~ihetl FBis Inlly ivPeMvmev roniJlollros inner ': ~Im.er Aedde~n6il'. Cenumm~9! IS! P&. IM1 O %] C U Nii ]0.11p,.4 11 11: 11 0 11 '.1Ih IiR i},IW Sf.. B E6F 16 U 1!1 II ILT 39,9W SL: V V f fR `. B 16M : NMI R16 11.6W i.L '. n B'. ~ :n a 9e u nY o- v " 6B n ': n m F a i9l }50 IEB <91 6Y `biX ;681 ISgCpli(. Market Street, 95;700 square feet in the Ke Autry District. Part of this square footage it plannetl for demolition resulting in a net inc 12 ENVIRONMENTAL IMPACT {34) Pursuant to the'provisig the Lead Agency charg project. As part of the't the pptential environmE project. (35) As indicated in paragra 332) has been preparei implementation of The I For purposes of enviror dwelling units, SOOO,OC commercial uses' could.: requested General Play paragraph (5) this staff` that the City Council ce Statement of Overriding Program No. 106A, FS September 27, 2005. (36) This project is located v paragraph, FSEIR No. development of The Ph within'its boundaries. proposed by the'propo changes or any new inf Study/Addendum indicf (38) Prior to making a recomi approval of eacR Final S (a) The proposed ami (b) The proposed amp safety, conveniern (c) :The proposed amp "and, IJ 16 ATTACHMENT NO. 1 Addendum to SEIR No. 332 And Mitigation Monitoring Plan No. 138 THE ADDENDUf~ TO SEIR NO. 332 WILL BE PROVIDED UNDER SEPARATE COVER 00 O Z Q J a (9 Z 00 Z O Z O Q f7 H N Z g O U O E- Q W 2 f- c 0 Q Q d W U NEa~3 Nw°oo o~'Oa ~pNL ~ EuN= 30 oa~+a rn m`'r O.o ~.NC ai .cam ~ c a oa.3 ~ N E L 3 N E' o h m N N N '~ w N o~ rn m. ° E N ° `o a19ia'~ica~ c~o~ a °~E°'m ~oNN ~ mr5~ ~ E O N 0) N r U C L '= O~ C O~ C ..• (~ 'N C -NOO>.y- c°~o ~~~.Em vc o -NO 'pLami~ °O-_~ p ~° Y ~ o~ m N m v ~,m m~°" ~ c 3 E m 2 m 0 0. o. x 7 0 ~ N c °.° :o N N c E p~~ c° L N 7 U N N~~ y 0 VI ~ d C~ C d C N -. D O. 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N N (6 f0 M~ N «L, L O .O V O E N O~ ~ C~ a y N a N O° a1 ~ C r j ..L. ~~ N N " N N `p_ vl O) C y~~ N J maw ~¢~~ o ~N7m` ~aUmg °~ ~orm~; a `mmw° ma~o >, .E~~a~oi~ °~~cm ~ ~ mmm ~m ~ ~ m >m ~ E N N 'c E o 7 L m~'S E ~ o» m~ mw ~UQ N a ~°c c'> or' o ~ v 3 y 3 N °-m $ °~~ N f9 c°i o `m ~ ~ m ~ °. N~5 ~1° 3 N N or a v ~ o-E W o mm F- c a7 ~ o o c E N a ~= w ~ c g c c ENO_~y v°YU~ d viN~o3 inN3~o c0 a°i~m7 o.m °Na>io >.a°im~c "- aNi~p~•> E~Eo° o. wE~o~ .Ex (0 L_ ... O. O a7 dm~~ E m°LQ °. ° o n.3 o N N o m~ E'er N 3 ~ c~ t N r O C r~ O N O al ° C N N N m a C ~LN. C~ ~ Ol O O O ~T3>. ao m~ ~ rn~m~E E Em'Ec o Nam 'mac c u, d a c~ y v N p ~~ ~' o ~~ ~m E o c m o p,mEE `°~m~m o ~oc>iNm °-~oy.o Em °'7UOU EU~ N E o .X ~ o r N ~ c' ~ v, ~ ~~ 'c c ° 'E c c ~. t 0 0` o W N Q N J al O) w-. 0= a7 - N c~ E~ y != 'O X c ~ ~_ ~ v c a ~ m E N N ~ v v ao a ~' ~~ ~° o p~NV o o. .E.v~ a~ ~ o ~ car o E~ °o. N 'om~nr~r >, cam°o (ON°O E. ~ I m 'CO o .. N~ N 3 O O r T a ¢ E NL.. C N N U~ N a ~~ N O N O L N C N ~'E- o a`~ioo ~ ~ E NQ~ L y c_ ~~E ~ E ~ c 3 ° ° ° S o. u, Q'W ~~ d 3 N C C N C N C N 3 N N LL~ ,+O_' L INO ~ U "O T J (d ~ d' C a' N 1n J J O N N E O C C NL.. a C N N N N N O O. d y I U ~ ~~ N ul ~ y ~ d 'm 30 O U L- O N ~ L ~ rn x O N Q Y I o N 'O E ~ O' >~ E N w lO C .O u! ~~ O C a ui J Li ~ ~m - m c~ ~ U m a - - m J. Q N 'O ~~ O N~ L m 'C y W L L p ~ Vl E y a N "" N ~ N A N N ~= U N ~~`m~pm ma~'~N~o_ ° c m=_NUa Nc°~JE°' ~N =oLNE ~2c m~Nmy o7m~°' ~ m3w~'~ ~~°.~~ ~~ ~'cvay N"'° N c, a o ~>E°~O "~m3o~O ~ >. E~NCT ILCC'o mace cEa`~i~L°, m°u, N N o c c m N c '° U U L C N U rn °~ N ~ d O ~. 'C d L O) 3 ~ N Q a r •O A N N V C O °1EcO1c °'a~° ~ a •''~m ~ ~ •CaN m rn E~ -~~- Q•m 3~ o ~~ o N~~ N Q C N N N O E o o~ N a~i ~ c= a~0i aNi~> ~~'~v a~B~ U aU~ mr y d W ~-°~a H aEL~ ~v O 3 E-° ~ ma m E N r N F- fh V LO N !~ N U 0 0 m d z a 0 N m 0 : . d a E 0 U .... ,:,:... ~ ~ c o N ~ ~ ~_ d~ C O `p _ O~> N N ~ O Q O) W^ Q 0/ w y C •- c N Q E ~ ' O O O o > y` O~ o O ff` > ~~ ~ UI ~ C ~ ' C- ' T U N G ~ U C~ C G d ~ . O C O.• _L . - S 7 N ... A . O. O) L ~ f0 N N C +• SI O. ~.N C O. C 4007 v~dOO_ o W O~ rnd °' c o c ~!7 m~ oaowoaoo_ y a~ ?~ N .L .. d•~ U C N O l9 ~ d L _ N 3 ~ N - 7. ~~; o o O ~_mE N ° d ~ c°~m ' O - o O C L NU7 .O .`• C N N p > l9 L O ~ O C d 4= L N N_ y N N L C O y N N> 7 0 (0 N ~ d~ '. . -. ~ U y y~ .C ~ E y N~ N O: L f~ C O Q d'O F L L . ~~N d N N O. ~ U y O N y I- > C: O'.N N O S N •~ '- d~N O y U L m yOCN~ N N~~ L N 3 N O vi NOQ Ol " «. _.. fq ~Vl N'.. > ' C C -°~~ m oa~0io c . J N °~oy ~ ~ °~ ~o ~ o`O y p) - o ?-°mO ,3c ~c:oo~m _ ~Ex Zvi c c co~yov a~ >. Evo m o oA°~~ mmo~` ~ ~ °~ Eo ~~~m•-°~ '~ y ~y ~°.oU ~voEo o 41 ~ ° o~ •~ ° E o . ° ~ y C c 3 °~ ~ 3.nt~ ~ ~ ~ ~ ~ o ~ .~ c o m ~.`a~d~ o> c ~moa~yo~ 3. off. y~o m ~~'h 0 4 m ~ od ~ d N °' 2 ' O'O0 N~° j N L ~0 U C d N~ N~ Q O N O N O .n y ^ p O m o~ aN•y ~ o ~' ~ m 3 0 0~ ~ m o~ aEi~ c a~i m o m `'m a o. m c ~ c ~ a a~ y E y~ 0 o o p c o o a~ a 0 ~~ o m N Lc~- v i o id ~a c°~o ~ycLO'o °o_E rg •Ed~ ~'` °~Eo~ ~, 3. °.~om.o ate.. ~m U mmo vc~ Ol C m.0: '".. ~Qm ~~~ov- - y ~ l0 3 0 (0 G w- L o~°~ v, C E O. ' > 7 ` tp 'C y f/1 - l0 N N C mrnEmv~ C C m~ C N O 'O • o L U 7 tq ~c O U W N 7 y~ y°-'~'Em r mdd°'rn ~o E 3 ~y o 3oaoy~ m ~ cc ~ o w°' ~ E~m~o ° Y U - ~ C . ~ y O O d ~ 17 Q U ~ ~' ~ N L .v N , ° 3 C i a a E~> G C O o- d jp d 7 O ' C U L ] y 'O _ C N N O N O C - N N ! . C N 'N y O C O o- N~ N C N 0 y 0.:.. j-O O C C: N 0 0 U C C 41 y C O d ,L„ y y N U m. y = .O O U > U U C L ~ ~ C~ y . N ~ ~~~o~~ ~oo ~ E y d~~d~~Op. : y o y ~~ C 17 ~~oE O N E ~•~o. a y y d O N o ~ N U y •- m L C y ~ L.. .y. ~>~ °" °" ~ m L f0 y (0 E C O N N °' c N x N O U o E ~ c c o. °' n rno~ ~ E f >,~ ~ ~r c o _a~ m cm 3 omv ° o.oo wo L a c _o .°° ~~?> ~m`o ~a i m'S o o~ yc ~o°' ~ yoo3~3m oc U~ ~'3 c ~ .C~ m . w~a i Q~o Eo . t~. N `~~ v ~ O' d ~ O U O O O N O y y y p C to U~ y O >a~pmo ~~m o~ O °iUO~~ovyi c~ai °° ` ' oE~ C ~ogmEE O v p 0 w C d~ N W~ ` O C °' y~ L U 'O 3 U N L • ~ N l0 N p ~L.. ~ y O~ p rn 17 fq " C f0 mo.' o o a~mm 00 p y~ inw ~ o ma' c Ldj F-m m KO m ~do2 o v3 Ld I-~w o e Lai ~ E-E~a E a i°~ SEu~u nE y ~ mo oc o C y U N ~ ww m _ a v m C O ' E m . o rno a am m E m ~ c'. OO mO.~'~ o rnQ . y,C.~ N U N O Q • ~ n C y O m O~ C E mm o m . oN O. m c_ w ° C ° C ~ N C ~ C ~~ C C O O-O 17 C O E O C R Ol fO V C O) (0 U F- r O U . m ` O) ` dD.- O mV N : 01~ N V Q V1Q H d O1U U O) U m W Q y o Z ~ N ~ i C'1 i N N Q , lp 'Q lO lp C O • d c E 0 U p N O C y m c E ~ a ~ y Q ~ hr Ifi 0 C> y C N -t O CO .C o ~ N ~ ~ O ~ O pCj N ~ E a ~ c~ m 'C N ., U L _ U m C O ~ O d ~ ~ c o- = ~ m = F- , .o a `~ aom'. v7C73'~ a7.o ~0 m c o .N -o ~ t d `m N o o a pNC ~N~ N D >. p,g m =o o m U ~ : o ooEo N c oa . N a~>` N N N N C U. ~ Tw ~ O> O N .~ O d N. t ~ ~ N N ~ ~ N ~ 1N N 0~~ C y ~ > p U '. N N O N 7 m v 3 ~ m . ~ 2L E a . 0 aa~ v ow m °' - ` N ..L ac ~ E S ~ .~. o ~ y m ~ N o v .J o oar ~ c c ~ 0 0 E~ 3 o m 3~ o ~ ow m ,LM N o a U ~.o G N U m o C ld 7 0 o o~... d o >, n c ~ O C d _ L - N O io m~ d m C C U ~ ~. - o O C m ~ > p _ > . l0 a ~ Q ' C C ~ U N (0 N E N O U) 7 C L N a U (0 L [0 C .C L (q >~ V1 L O (0 a ~ ~ N n 0 O O 'U .U ~ N~ L~ CO W a a N L~ 3 N O C E C "• C N a O_° C c0 O C f~ N~ C a O '~ w i vi U U U N o~~~~. C 0.3 m~ O ~ ,~ O oaaEmo~o_~' E °~L~ o' o ~co j ~7 a N ~ o'vm o v i V ` m .O E ~ C O. am cia w W L °' N ~~ a b N ~.`- 7 C N O U ~v~om~o~ W A N C O N' ~E.. QOa ~ 01 N c:c~ ~ N _ N. ° o N N (O C 7 p v ~ L p~~co•y Nm n o~ ~~.v in a~~. o>. m o m °o~~>-o a m e On im ~ m ~ w ~ c o w 3.Emo~~ 7 o . d m~ a ~ Ea~~.E`mm3°L m•o~o~s. d ~cE y •, N o N • m O'O C Ol ~ u~ i 9 w~ ~ G N N Y U O .0. ° ~ N ~ N ~ ~ N D1 O N o t ., E E ' ~~o~cm '-oa c7i ~' ai r o ~t ooa~o°>. ~,m vo y;~~a~co ' o a~mcN X 3!? m w c ~>~ N o CN -r• g~mm Ea ~o~ 0 o ~~ N E ~ z o m c'm `o ~ vi c N ~ QE o.m ~ w m o v° ~ °-vr E n x 7 0 0 o ° ` m ~ ~ ° m . 3 ~~ • ~ ° ~ ~ o ' ~ ~ °i ° ~ o E ~ ` ~ c m0~ oL o o ° E m o o. ` 'c c ~ 7 ~oo. ~ m~7~ o mooo Eo ~oOw-HorL~N ~ ~ o~~`o_ov o.»= o_ °' L~'~ ~ c7m 'c~ Y v7 •~~ rn Eom c N ° ~° 7 ~~NL~~ ~~°'~ d~ ~ ~ ~ U m v N N C O c i ~ N~ 7 o ` E ~ ,a i , v C ~ cc0~ • p = E i . n C c a E O)`~- E N O «~ m d C 7 ~oaNi~o~ U U N m~„ „ 'O M '~ ~° (0 c v ~ i m~ ~ ~ N ~p N t~ 0 0 [0 N ~y oTV i L N. N Q ~oa~ E~ O. O . ~3 0) o ° o ` N . N 7omo a o aci°v C °~ O ~ N~~U~7 ~ d N s°iE 7 m°E~ a iu j ~ v a i O C . c ~ tq N ~ ~ C j o o~ O O ~ 7 n°' o o~ N L 0 L ~ 'O C > (0 N l0 L> L U ' N C N 'p N 'O O O~ ~ .O 7 7: 7 O f0 N O 'N ~ N N U 0 O) ~ .- . i N (0 N C No- +' N w N f0 N C B d ~ • .. O (0 X L O ~ m n.d o tn ND o`er ~cn acn~~ ~U E O o ° o Xv c ~ vi N `o ac o~ °~ aNz = i ~ a E aE~,,.dmmp~•~, N N acoiLo -Ea3m 3c~ O 0 0 O O O` O 0 O O O ~~ ~ 0 0~~ C d~ . ~ C M- y O L G U y aO O _ _ O oE~N~~ 19• C ~~~~~E~ ~ > . L 3E a ~ V U 7 U d 0 C N N ~ 'p u ic ~ O _ O a O p O O. O ~ .N ~ .C N O ,~ a ~ y :~ .O N Ol N U N C C N L aNN~OO~Ea`om O) a`o,`m~'m:c~' ~.n700 O N 'O am n. E am 3'~m ~ c ac_ o ~ ac N c E a...oa m o c o t o~ ~ c~mm m rn W o 0 o E ~ ~ m ~ o c ~m op-m ~~'~ c 7E E ,_~~ gm av ~ ~ °o ` ~ m o aooaEmNV°a a `oa ct ..nh ~ o ° o M 0. 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Z~~~Da C~JO ~ N ' ` ' E i ` ~ ~~ -'m=~~~~E~`om (p a pI :~ d N 77 >NO ga-oo to ~n '- m ~ ~ 7 Na°-' N 7 o o~ v~ N~ omo~mZp imEN ~ ` m om ` U 7 p N U E 7 N m m L N m U m m m ~ O Ol !p pl L= O C ~ a y O C pl .L.+ ~ a E m m `1 C O m O. N~ d¢ C O) = ~ C C a~.- Ip ° G U m O N O Ol > 2J O C7 N ` N C :0 C N G p1 ~~ d' M N O V Y p) ` N a a U . N U p7 ,O U O~ y U _ C1 N N O L my~ o_C°=y?~m L ~'` maa3~' > E ~ .o• cE'or:o `mm ° ~w°' ~ p C p) O a o do no 3 ` C C U O N C y a~ m?~ 2 ooc U oo m ~aa va ~ u, ~ o o a c ~ !? ~ .o . . 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O N N m~ N O~_ n l- p Ol p_ N~ y N .L-.. ~. V U O V d m ti G `~' ~ ~ C U V1 N "O 4U- O '° O U O O .O C-~ U O >. C C J _ ` N S : :J ~ C N p d m C N m N w N n;° O N C U O -O J 7 O N N m G D O ' ~ ~p N p 'U U n Ol ~~ N Q)'O X O d `~~ N N L U n 1 C N C r' C~ ~ m a n.~.5 c~~ c m-o~ °' ` m ° m'D m ~ ~ o Bi _ '~~ E m ~ ~~ mE~- ~ c ° ~ '^ N c-°v `=`° ~cao'ov i~ ray=m. mm3m~mEQ~ n ° ~oa~ co~o~ NUV_, cam'.° mco ~o~ wy ~.o mE w ~ v- m~OCd N adm o . v mcuE Q ~ E m > c ° oc o oo ~ommno o~- y ~ m~,op c a- 'm ~ N IO FF~ w a ~a : i C O '0 w~ c ~~v ~ 7 N -n m N N E C - C W O. N N 0 > J 3 1=A C 'O O` W O O U- N O n ° ° m U N J E E O O N N~ L U ~- a..O- m ~ >~. ` ~ C_ N m ~'f0 Ql Q N ~ m y o~ amN c~ ~o N C m r ~~ O ( C N ~ mc l` O y O ~~ O O C rn C T. p ~ .!] v` o N N E m a m O O m N C N C m C 0 ` 0) O) O : p UU a c `m'- - 01 L w om °`-'o ° .vm~ i w N oc c- C m~ ~ 3do .~. -° ~ = ct ~in rn ° ° U ~ m o o~ ~d L ~ -~ •o a ~ a 2 c a c o U ~~ m o > a ~ ~ o ° m N a >. U 'X ~. 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O~ O. a N p N _ -. 3 C ~~ O N OI C N N D N U >. g o Eo owa ~o ~~ °m ~°- ° o E I °EtE J~m E~m aI NOE E~'n E ~ m 0 $° ' ~ N ~m a i i a ya p o E ~ °v ' .°a ° 'o o o v, 5aE > m~ _ ~ d Vi ' ~E` '' ' EL oa~ !~ O° °a : c m J ` - E >~am w °' ~ ° n o L~ N a~ E~ E m SIm~ N$ m n ' md U _. ~ ~' a o~ Em3~ o~a nm ~ v m 'a i , E °~ c m p mE ~ o om`~ ° E m~ E ~ a ~ o ~ada iE ~` -O ama c° U °a~~ ~ oc° o°v rtmc $~ ~ ~_ N O C OL N~7 N~- ~ ~D N°013 N>a m N.~a ~70~ Q(0>- UNfO l9 . NNO d(0~°m c ° ~ - >aL L7N. N c CN > C>C~ ° ~ ° .~NjN °~°E ~~~ ~¢(O N. ~ J ~~~3 ° U(n pl y i~E c V- omN a ia i°. m d ? ~Eo o c ~moc i mui° m °~° E ~~~ m ~ mm t~ N ~° ~ Z ~~ N a c -mto~ E °N ~ 3~m ~ ~°~ ~~ c p i a tq mm olm uiarcc_> E ° da i .nmm ~ o c • g w aI m o~ ~ pc L t p ~ a ~ o v m~L ani ~ ° °- ~> ~ o c~ ~ N m a~ ~ °.L me ~ ~~ ~,a i a >.E ° 0 E o~'~w~~~o ~~~ mp ~ m dol oc Um ~~o... o E ~p~~ O~n_ om~ >Em o ~m~N nF-1- J LO EL m`o a~N OOH m n > I ° Edo° ~ c a °a~ w. .~N oc- a ° a ida i N N C ~ O n N N g N~ p ~ . 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NwO o ~o NN UO ~~~c>.c o °~yo~aEi ~c°°3 mmca"i m~3 a~ a~ ~~o~ ~o n`.air c°i'm c ~~r~ Uo~E3ui ~ ~`mmo ~`m~~ o`'° ~T ~ O~o vi~ ~•o~~ ~m ` o.oE ~o~ 3"yL m~c'~ o~° ~ mL~ . N dLV rn m . o o s ~c °~ No ~ ^ E m ° _ ° ~ _aw.m U ° NE °' om •3 m ~ a U~-O > ~m~ ° ~-o ~ m~ m m ~° j as a~`o xE >o mLm o- $ . c3cE m ccTi rn Y °7U~o "cE >~c r. ~c m~mNC> > o. C7 •c o.m g c l-• o~ D 3 w o ~ 3,: Qa i~ ~ v v iL~ cnH ~ a o~° v °' °'~ g m ° oQ.~ m O Q E U N LL E C j~ • e m e • e • • • • • °' V L 7 ~`~ ~ N Y m C L C ° E O O~ U p~ G U m 0 I- aQ U L U- O N F~ mW;..a m C c T a O~ N co ~ C • ~ O i a _C m ._ E G E C E U~ ~ O~ U ~ N d 0 ~ N N O 'O O. N -° H C N N N > D. m C _ N Q ~ ~ ~ d 7 Vl O ~'1 d y Z O O t!j Ln C O . ~ a E 0 U ~ w m U C C ~ O Ol =p m C O)~ c O 'N d C (0 :_. C r ~ N 'C j C - .G ~ .~ ,. ` C C= O N W LL ~. p. ~ ,C ~ C ~ C ° ° ~r~o~o m ~'E cEc BEd ~E . N~ V N I- ' c0 ' i a H O C '~ N '~ U U ~ y y A N 01 N N l9 C (0 C ._ ._ aomooo J C ._ ._ aowooo J N C anw do ~ N F U N O C f0 w~ O w .~ 'O ~ Il d~~ N w T ~. 4 M C C :D ~ ;w . N O C O N N- N O p .O '~ c 0 O L N 47 M U (0 _ N >a Ea>ict~~ !~aci ~~o~~°mz~o Np.=~ vU E>. O 0 l0 N ~ « O N (p U~~ N Q }- ~ L 'O Y 'O ~ N~ C« 'O C N ~~ 7 O nco~aa 3~w U~NyE E~~«°waci= mNr°~>. E m ~°C7 EodUr:° cmo omoNL i~LL.oa~~a~EP°r°a i~ yE: ~w ~>,~oay .4a~~ '~Eu°,~~~'mo,mE~~~ma'"oom Nw m E m Q.= d ~ :o ° ~ n~ ~ c a c EQ~ ~ g ~Ud O m m o ~ ~ ~ o m E- O . E m L . Oi ma a~.U_m~a~i o~U ' ~Q3$~, -;~w=Ea~m~io F a-Oi;m ~ _ a~ oam m ~ E« ~_v o m o c« _ «>o,~ ~O~° a~i~ J m m m m m QnJ E W O' y m N ~O U 'U ~ L ~~ U>L O ~UC C C V` O) N ... N N N N U N N~OCNC WQ ~U' G«NN U ~~, «j N ~:O ««V L O N 3 >` L C N O)L NL CO O N_ (0 C O ~~`p p'O `J'OC n.D N,C ~ C ~ ~~ ~d~3 3 LN N OLwN 3UNMw«OL" ~` NNN ~J N N 3 a n .O t v ° U ( ~ U N . m` E N E ao E ~cU o E ~ m o A a v ~ m E ~ , ' ' ~ O O no o c Z N E ' d g U- U -, LL-CNO., L E °' ~ ~? . jC(Q N D) ~ . . fO~ ~ , Uy C V (gyp 0.'~NN'U f0 N U w w w C V ~ C~~ N F LQ y~ C ~ N ~ 01 N ~ ~ ~ C 3 « r L >~ w- ~ O = N W O O N N O. ~ ~ C .B` ~` N. ~ C C (D no EaNiovod moo ~u c°h~vaiv ~~~c~mwm ,~f0 co` EE = N . N N. ~ C a L. U i _ . o (/7 (0 ~ M C C 'N C 'O Ol :- J (0 O O (0 N N E ~ N 3« m~-w~a ia NcV~ ` c~acio°~m~Dy=m~~UU~N!-«> nm N'O N U S o~ ~ m.-:~ o ` m TEZ c m c 9 m my E c o m~ v~ ro ~ o ~c ~ acim m « o Q°°~ac -°~w ~n-°~~m~°c~>NymE~mN~mfOE ' ~o E d U C E O N ~ ~ N >, (0 E m - O J W 2` N N ~ C J d N U ... "O Q N. - :g -v Q~-.o m c - v~ m> O c .~ w > rn d ~ C U '00 N ( c m 'O N ~i (0 o ° , _ N L ~ G y C_ ~ N N N«~ O~ -O N` (0 C N ` a U Qm n cE m~ ~ a ~ ~ a m d~L c ~,'v« J ~' ° ~ °-w m m a~ y N ° °' o U `,k m~°' m ~ ~ c UL ~p . j i w ~.E J~ ~ ~ cJi oL E~ E °~` o- ~v ° °~ E ~ m~ i ~EQoc•a ° ~oa~aci >mZ~oNa °UUy°~vic~~a;°` ° m3 ~w ~. °°m m `o E ~--r(9 o 0!~~y cJCO~-dcQ~,L.,mmo o 'omn° "~ °'N° ' m c > Jo N `3 ° E n~~:-gym n~ o~mE ~d a i Ea w --c i ~-O°yEpuv_,aN°E °~oa~~~..~ c pm ~ N N O- C L "-' E d L '~ ~ C N N O N~ N ... O~~ N N E (0 ~ °. 3 >. c fA ~ o Z N Q (0 (0 . (0 I- N 7 Q f-' ~ O U O (0 C ~O « N N ~ .~ (0 U J E O .O Q ~ d U W _ O E O ` O'-' N ~ N ~ O ~ m n 'o E~. v~~ L° 'E u! ~~ C i o > p. E L . U 7 'E . N. ~ pa. C CO O N O N O' O O N ; . d N L dm a.t of N.n'3wc a`Na Q a` m . N w ~ N O ~n co r ~ ,- N Z O o O J r U7 _ In _ ~j ~ r 0 w a E 0 U ~, ` w c .~ m N a~ ~ (0 C C d C m y W N o~ N..: m N...% ~ N C ,~ C N C _ ~ C . O'er ~ ~ ~ _ O O,o ` c ~Ea~ ~EmcEo, N~ O y U O E U f0 S ~ O C U . ( . _ ~~ aow aowop°'m a N N ~ N 3 ~ U N r N L N C C ~ O U p _ W O m °' m N o °' E c °E°'oc >N o > C ~~ N ° N a C C U U N~ N d N N lD _ a i a > ' O ~ O O (0 N a ` ~ C ~ (0 O (0 y U O N U C 0 3 L a C o ~i m ,., O. o.m ~3 am rc~ :~ 0 0 ~ c N ~ '~ m °' '~ ma ~~='c°' 3oc 3 N N N N .7 w= C O L N ~ N N N N ~~ w N l0 N C 3 (~ N Q ~~ N .: U w 3 c o ~ m 3 v 3 3 °N a Emo E ~ > f0 vii ia~ ia a N ' o 47 N ~ C N ~ ,~ ] C _ U ~ ... m ._ G t N O. O a O N~~~ 3 O) m N 01 ~ U N ' N U a. 7 N~ C ~- N L p N > ~ 'O L _p OI ~ p (9a Old C C C U 'O lD G a o 0 p ma ~. g ~. vi 3 0. , w O c ~ S N O n.~,~ N m a~ m o. E~ c c m - N c v 3 o ~a ' mmv~a o~co rn 0 0~ C L ~ o o. 9 ~ccco ~oX ~ w .L.. (0~ ~ ~L J. ~ C L N. vl C C 'O O - C C 0)d Y O Y7 N O L ~ n ~ ` ~ v ~ m ~ . W~ E ` E ~~ .~ pj d ~ ti o c 'ca ~ : 3 °> N o ~ N N a U d O, C m C y W j ~. ~ ~ .S T V '~ Q N R A H ~~ d C~ .-. O. 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C (0 O -p d' S U N N N , ~ m ~ ` ~ m~ U ~~ LLW _ ~C7 oSUW ~ ~ ~. ~v ~ oa~w°'o m~°E~W ° U - `o vi ` `p O o z es o w • N L O m ` N~ (J N a m C N S U _ C V C _O 0 O1 N X ~ ~ w~~ O_ N O O ~ N N >. U ~ T N •~ Q N~ W N B C _ N _ - N ~- C N O (0 w N m N N O W ~ ~ ~ N C w (~ "O ~ m Ea ~ T4 mN a " C~ C rnm=~~co'o N om ;O N O O (0 C O_ C U . E ~ ' o o N ooooa~o c~aU c~~ U E E U Z a? w °J F- L _o N 9 a ~:p c ~~ V T~ N N ~ N ~_ ~ C e e • e m e N N N~ C = U ~ W ~ lL O 7 (0 ~ c0 (n o ~E m ~ U D_ ~ C N O) ~ C E y~ ~ O ~ a O U C ~p a m m ` ~ . ~-, ~ o z ~ ATTACH ENT NO. 2 G PA2005-00434 General Plan Amendment Resolution And Maps RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT GENERAL PLAN AMENDMENT NO. 2005-00434 BY ADOPTING EXHIBIT A PERTAINING TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN WHEREAS, the first Anaheim General Plan was adopted in 1963 and has been subsequently amended over the years as conditions warrant; and that the City Council adopted a comprehensive update to the General Plan on May 25, 2004; and WHEREAS the adopted General Plan envisions an area of the City of Anaheim known as the Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); .and WHEREAS The Platinum Triangle comprises approximately 820 acres located at the confluences of the Interstate 5 Freeway and the SR-57 Freeway in the Cit of Anaheim, County of Orange, State of California, generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and the SR-57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area; and WHEREAS, the City did receive a verified petition for General Plan Amendment No. 2005- 00434 requesting an amendment to the Land Use Element of the General Plan to redesignate the area depicted on Exhibit A (labeled "LAND USE ELEMENT, General Plan Amendment No: 2005-00434); which exhibit is attached hereto and incorporated herein by this reference as if set forth in full from the Office-High land use designation to the Mixed-Use land use designation; and WHEREAS, the subject properties encompassed by General Plan Amendment No: 2005-00434 comprise approximately 10.3 acres generally located between Katella Avenue and Gene Autry Way, along the length of Betmore Lane and further identified as 1871, 1881, 1891, 1901, 1870 1880, 1890, 1900, 1901 and: 1910 South Betmor Lane and 1100 East Katella Avenue and further referred to as "Site2" in the staff report to Planning Commission dated September 7, 2005 and as further described in Exhibit B which exhibit is attached hereto and incorporated herein by this. reference as if set forth in full; and WHEREAS, on August22, 2005, the Planning Commission recommended that the City Council certify Final Subsequent Environmental Impact Report No. 332 (FSEIR No: 332) and adopt a Statement of Findings and Fact, a Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A in connection with its consideration of General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No. 2004-00089 to amend The Platinum Triangle Master Land Use Plan., Miscellaneous Gase No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005-00115 to rescind in-part the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004- 00134 (scheduled for City Council consideration on September 27, 2005); and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 7, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code 18.60, to hear and consider evidence for and against said General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY FINp: RESO-GPA2005-00434JPD.doc -1- PC2005- 1. That evidence presented by the applicant substantiates that the proposed amendment to the Land Use Element of the Anaheim General Plan expanding the boundaries of the Mixed Use designation would further the goals of said Plan by providing a mix of land uses consistent with the Mixed Use designation within prescribed density limits and therefore, Exhibit A should be adopted redesignating the subject property from the Office-High land use designation to the Mixed-Use land use designation: 2. That the proposed amendment would be consistent with and assist ih the implementation of the goals and policies for The Platinum Triangle pertaining to Mixed Use approved by the City Council as part of the comprehensive General Plan Update on May 25, 2004. 3: The proposed amendment would not be detrimental to the public health and safety of the citizens of the City, would maintain internal consistency with other Elements of the General Plan, and would maintain a balance of land uses within the City. 4. The subject property proposed to be redesignated from Office-High to Mixed-Use as depicted on Exhibit A (labeled "LAND USE ELEMENT, General Plan Amendment No. 2005-00434) is physically suitable to accommodate the proposed modification, including but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses as said area is contiguous to the existing Mixed-Use area depicted on the Anaheim General Plan Land Use Element Map. 5. That "" indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed General Plan Amendment No. 2005-00434 in conjunction with Reclassification No: 2005-00164, Miscellaneous Case Nos. 2005-00111, and 2005-00116, Zoning Code Amendment No. 2005- 00042, Conditional Use Permit No. 2005-04999 and Development Agreement No. 2005-00008 (collectively, the "Project Discretionary Actions") and, by its motion, based upon its independent review of all evidence received at the public hearing, including an Initial Study conducted pursuant to CEQA for the Project Discretionary Actions (the "Initial Study') and an Addendum to FSEIR No. 332 (the "Addendum") prepared for the Project Discretionary Actions did find, .and further recommend that the City Council, as lead agency for the Project, unless additional or contrary. information is received during the City Council's public hearing on the Project and: pending City Council's certification of FSEIR No. 332 along with adoption of a Statement of Findings and Fact, a Statement of Overriding Consideration and the Updated and Modified Mitigation Monitoring Program No. 106A, (scheduled for City Council consideration on September 27, 2005), determine and find, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon the City Council's independent review of the Initial Study and Addendum and the evidence received at the public hearing, that the certified FSEIR No. 332, tpgether with its Addendum and Mitigation Monitoring Plan No. 138, are adequate to serve as the required environmental documentation for the Project Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this General Plan Amendment: .NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend that the City Council of the City of Anaheim adopt General Plan Amendment No. 2005-00434, Exhibit A, pertaining to the Land Use Element, to redesignate the property from the Office-High land use designation to the Mixed-Use land use designation. AND BE IT FURTHER RESOLVED that the applicant is responsible focpaying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice Failure to pay all charges shall result in the revocation of the approval of this application. -2- PC2005- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. (ORIGINAL SIGNED BY GAIL EASTMANY CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 7, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN WITNESS WHEREOF, I have hereunto set my hand this day of (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2005- la ails uovapa~ anuany u!lsny Iaal15 IaIIIW p~enalnog lawaely plenalnog afiallo~ ale1S 1aa-0S is e3 'Pnlg wlayeuy /'IS upwa~ plena!nog lo9leH laa-0S P!Pn3 7aaA5 7sl ny>lomg IaaAS pa91!`J anuany e!Iou6eW anuany aged plena!n og yaeag anuany walsan/1 laaAS llou)f C y cp O ~ [D N ' ~- V v ~ ~ n O J p ... u `m w a m a m w ~ E w `m Z .p,a m c nw O~ ¢ `p 0 plenalnog a6allo7 'IS 7aal1S slma~ laall5 false!{ plenainog Ja91e}{ laa-0S 1saM laaliS 41u!N laaAS P!pn3 laaAS poominN laagg 1sln4NOOlg laa1S Va91!'J anuany e!pu6eyy anuany ale(7 plenalnog yaeag anuany walsa/gl laa-0S AauN V V O 0 uJ 0 n o ~ ~ ., m ~ E ~ m m o v w m v ~ ~ U al N ~ pl E~ TLL ¢ a -- ~ ~ c N J U a > m `w c a C7 rn~ E~ u~ °~ rn~ om m~ a~ E~ OQ ~Q JQ ~Q OQ a]p: U¢' YQ' OQ UQ EXISTING LAND USE DESIGNATION ACRES OFFICE HIGH 9'58-- OFFICE HIGH MIXED USE KATELLA AVENUE (Stadium Smartstreet) I OFFICE HIGH r -OFFICE HIGH U Q r Z Q \~, ~~ H HIGH W Z J 0 N W m GENE AUTRY WAY (Primary) OFFICE HIGH General Plan Amendment No. 2005-00434 Land Use Element Existing Figure 2 MIXED USE MIXED USE iBe6 EXHIBIT A-PROPOSED LAND USE DESIGNATION ACRES 9.88 MIXED USE - ~- OFFICE HIGH MIXED USE KATELLA AVENUE (Stadium Smartstreet) OFFICE HIGH -OFFICE HIGH U h Z Q h ~~~ ~~ USE ICE HIGH W Z J 0 W m GENE AUTRY WAY (Primary) OFFICE HIGH General Plan Amendment No. 2005-00434 Land Use Element Exhibit A Figure 3 MIXED USE MIXED USE W z 3 2 U MIXED USE 1886 EXHIBIT B TO GENERAL PLAN AMENDMENT NO. 2005.00435 _ , _. Site 2 Legal Description Pxtcels 2 through 9, inclusive, of Bluck "A" in Cit7 of Anaheim, County of Otange, State of California as shown on a map filed in Baok 104, Pagc 12 of Parcel Maps, in the Office of the County Recorder of said county, together with a portion of the east half of the northwest quarter of the northeast quarter of Section 26, Ttiwnship 4 South, Range 10 West in Rancho San Juan Cajon lle Santa Ana, as shown on a map recorded in Book 51, Page 10 of Miscelhmeous Maps, Records of said county, described as follows: Beginning at the northwest comer of said east half, said point being a point in the centerline of a 120:00 foot wide street shown as Katella Avenue on a Parcel Map filed in Book 81, Page 32 of said Parecl Maps, said centerline being the north line of said Section 2G; thence easterly along said centerline South 89°0746" East 300.07 feet to a line which is parallel with a 300.00 feet easterly of westerly line of said northeast quarter; thence along said parallel line South 0°24'0]" East 60.01 feet to the southerly right of way of said 120.00 foot wide street and the northwesterly corner of Parcel 1 of said Parcel Map; thence along the boundary of said Parcel 1 the following courses: South 0°24'01" East 507.12 feet, South 89°0746" East 299.23 feet to anon-tangent curve concave northwesterly having a rndius of 124:00 feet, a radial line to the beginning of said curve bears South 56°58'12" East, said curve being in the easterly line of said Block "A"; thence along said boundary the following courses: southwesterly along said curve 3251 feet along said curve through a central angle of 15°01'17", tangent from said curve South 48°03'05" West 3.40 feet to a tangent curve concave southeasterly having a radius o[ 176.OD feet, southwesterly 144.86 feet along said curve through a central angle of 47°09'25", non-tangent from said curve South 0°53'3S" West 504.57 feet to the right of way to the State of California as described in the deed recorded October 5, 1998 as Instrument No. 19980672731 of Official Records of said county; thence along said right of way the following Bourses: South 51°5739" West 40.48 feet, North 79°09'17" Wcst 85.74 Fect to a tangent curve concave southerly having a radius of 307.01 feet, westerly 53.46 feet along said curve through a central angle of 9°58'40", tangent from said curve North 89°07'57" West 23.50 feet, North 45°32'32" West 37.74 feet to the easterly right of way of a 64:00 foot wide street shown on said Parcel Map as Hetmor Lane and North 39°OS'40" West 32;00 feet Io the centerline of said Beunor Lane; thence leaving said State of California right of way along said centerline North 0°SS'00" East 140x5 feet to a line which is perpendicular to said centerline and nms through the southeast comer of Parcel 2 of said I31ock "A'; thence North 89°D2'00" West 32.00 feet to said southeast corner of said Parcel 2; thence westerly along the southerly line of said Parcel 2 North 89°06'54" West 224.7D feet to the westerly line of said Parcel b4ap, said line being the westerly line of the northeast quarter of said Section 2C; thence northerly along said westerly line North 0°24'O:L" 1Vest 1067.39 feet to [he Point ~f Beginning. Containing an area of 1D.871 acres more or less ATl'ACH ENl" N®. 3 MIS2005-00111 DRAFT RESOLUTION NO. PC2005--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND THE PLATINUM TRIANGLE MASTER LAND USE PLAN (MISCELLANEOUS CASE NO. 2005-00111) ' WHEREAS., The Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR-57 Freeway in the City of Anaheim, County of Orange; State of California, generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern California Edison easement; and north of the Anaheim City limit area and which area is further depicted in "Figure LU-5: Areas of the City with Special Density Limitations" of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and WHEREAS, the adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the originally adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dweuing units per acre), 5,000,000 square feet of office space, 2,044,300 square feet of commercial uses. industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, do August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by Resolution No. 2004-178 and The Platinum Triangle Standardized Development Agreement by Resolution No. 2004-179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, the Platinum Triangle Master Land Use Plan provides for the implementation of the General Plan vision, goals and policies for The Platinum Triangle and serves as a blueprint for future development and street improvements within The Platinum Triangle, including setting forth planning principles, development intensities; conceptual street, park and potential new signalized intersection locations and streetscape designs including, but not limited to, landscaping, lighting fixtures and street furniture and identifying the existing Amtrak/Metrolink Station and the conceptual Anaheim Regional Transportation Intermodal Center (ARTIC) location; and WHEREAS, on July 25, 2005, the Anaheim Planning Commission, by Resolution No. PC2005-105 recommended that City Council approve General Plan Amendment No. 2005-00435 to amend the Land Use Element to modify "Table LU-4: General Plan Density Provisions for Specific Areas of the City' to increase the maximum overall commercial densityfor The Platinum Triangle Mixed-Use designation from 2,044,300 to 2,049,908 square feet representing a total increase of 5,608 square feet, which separate amendment is currently in process in connection with recommendations to the City Council of approval of Miscellaneous Case No. 2005-00113 to amend The Platinum Triangle Master Land Use Plan, Zoning Code Amendment No. 2005-00044, Conditional Use Permit No. 2005-04967, Tentative Tract Map No. 16800 and Development Agreement No. 2005-00004 to permit the development of the ' D.R. Horton project at 2100 E. Katella Avenue {scheduled for City Councif consideration on September 13, 2005); and WHEREAS, on August 22, 2005, the Planning Commission recommended that the City Council certify Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and adopt a Statement of Findings and Fact, a Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A in connectidn with its consideration of General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No. 2004-00089 to amend The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005-00115 to CR/PC2005- -1- PC2005- rescind, in-part, the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004-00134 (scheduled for City Council consideration on September 27, 2005); WHEREAS, Miscellaneous Case No. 2004-00089 to amend The Platinum Triangle Master Land Use Plan (hereinafter "PTMLUP") provides for the following changes to the :PTMLUP: an adjustment to the boundaries of the mixed-use districts to include the North Net Fire Training Center silo in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the North Net Fire Training Center site); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage including a total of 190,100 square feet designated for future required ground floor commercial uses along Market Street and Gene Autry Way and 20,000 square feet designated for other commercial uses in the Katella District (in the area east of State College Boulevard); and, additional technical refinements and clarifications, including, but not limited to, refinements to street cross-sections and density descriptions to reflect the above-noted changes; and WHEREAS, the City did receive a verified petition for Miscellaneous Case No. 2005- 00111 in connection with General Plan Amendment No. 2005-00434, Zoning Code Amendment No. 2005-00042, Miscellaneous Case No. 2005-00116, Reclassification No. 2005-00164 and Conditional Use Permit No. 2005-04999, (hereinafter collectively referred to as the "Discretionary Actions"); and WHEREAS, the subject properties encompassed by the Discretionary Actions comprise approximately 41.4 acres generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of Betmor Lane and further identified as Site 1 (Site 1 encompasses approximately 31 acres located at 1200-1558, 1700 and 1800 East Katella Avenue, 1301- 1395 and 1551 Gene Autry Way, 1870, 1871, 1880, 1881, 1890, 1891, 1900 and 1901 South Chris Lane, 1833 and 1841 South State College Boulevard, 1800 and 1801 East Talbot Way) and Site 2 (Site 2 encompasses approximately. 10.4 acres located at 1871, 1881, 1891, 1901, 1870 1880, 1890, 1900, 1901 and 1910 South Betmor Lane and 1100 East Katella Avenue); and WHEREAS, Miscellaneous Case No. 2004-00111 to amend The Platinum Triangle Master Land Use Plan (hereinafter "PTMLUP") is proposed to incorporate Site 2 into The Platinum Triangle Mixed Use (PTMU) pverlay Zone, Katella District; and WHEREAS, the Discretionary Actions are proposed to provide for the orderly development of a Master Site Plan with up to 2,681 residences with a mix of housing types, including high rise residential towers, street townhomes, podium townhomes and lofts, with 150;000 square feet of street-related retail commercial development, public park space and associated infrastructure on Sites 1 and 2 described above; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against said Discretionary Actions to investigate and make findings and recommendations in connection therewith; and, WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does fnd and determine the following facts: 1. That, by Resolution No. ,the Planning Commission has recommended that City Council approve General Plan Amendment No. 2005-00434 to amend the Land Use Element of the Anaheim General Plan redesignating Site 2 from the Office-High to the Mixed-Use designation. 2. That the proposed amendments to The Platinum Triangle Master Land Use Plan attached hereto marked Exhibit 1 to this Resolution are consistent with the vision, goals and policies for the development of The Platinum Triangle as set forth in the City of Anaheim General Plan, as proposed for amendment by General Plan Amendment No. 2005-00434. -2- PC2005- 3. That the proposed amendments to The Platinum Triangle Master Land Use Plan are consistent with the goals and intent set forth in The Platinum Triangle Master Land Use Plan. 4. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Miscellaneous Case No. 2005-00111 in conjunction with Reclassification No. 2005-00164, General Plan Amendment No. 2005-00434; Miscellaneous Case No. 2005-00116, Zoning Code Amendment No. 2005-00042, Conditional Use Permit No. 2005-04999 and Development Agreement No. 2005-00008 (collectively, the "Project Discretionary Actions") and, by its motion, based upon its independent review of all evidence received at the public hearing, including an Initial Study conducted pursuant to CEQA for the Project Discretionary Actions (the "Initial Study") and an Addendum to FSEIR No. 332 (the "Addendum") prepared for the Project Discretionary Actions did find, and further recommend that the City Council, as lead agency for the Project, unless additional or contrary information is received during the City Council's public hearing on the Project and pending City Council's certification of FSEIR No. 332 along with adoption of a Statement of Findings and Fact, a Statement of Overriding Consideration and the Updated and Modified Mitigation Monitoring Program No. 106A, (scheduled for City Council consideration on September 27, 2005), determine and find, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon the City Council's independent review of the Initial Study and Addendum and the evidence received at the public hearing, that the certified FSEIR No. 332, together with its Addendum and Mitigation Monitoring Plan No. 138, are adequate to serve as the required environmental documentation for the Project Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Amendment to the Platinum Triangle Master Land Use Plan. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby recommend that the City Council amend the Platinum Triangle Master Land Use Ptan as set forth in this Resolution. That this amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2005-00111) is granted, expressly conditioned upon adoption of General Plan Amendment No. 2005-00434. THE FOREGOING RESOLUTION was adapted at the Planning Commission meeting of September 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 7, 2005, by the following vote of the members thereof: -3- PC2005- AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS:. IN WITNESS WHEREOF, I have hereunto set my hand this day ofi 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005- EXHIBIT 1 TO MIS2005-00111 The Platinum Triangle Master Land Use Plan 1.1 General Plan Framework As mentioned previously, the General Plan provides the overall vision for The Platinum Triangle. Goal 15.1 of the General Plan's Land Use Element envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades. This goal is implemented through the following policies: • Continue more detailed planning efforts to guide the future development of The Platinum Triangle. • Encourage a regional inter-modal transportation hub in proximity to Ange] Stadium of Anaheim. • Encourage mixed-use projects integrating retail, office and higher density residential land uses. • Maximize and capitalize upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways. • Maximize views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River. The Community Design Element provides further policies related to development within The Platinum Triangle: • Develop comprehensive, Mixed-Use Overlay Zone and Design Guidelines to implement the vision for The Platinum Triangle. • Provide a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access. • Develop a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping. • Develop a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping. • Encourage extensive office development along the highly visible periphery of the area to provide a quality employment center. • Develop criteria for comprehensive property management agreements for multiple-family residential projects to ensure proper maintenance as the area develops. • Identify and pursue opportunities for open space areas that serve the recreational needs of Platinum Triangle residents and employees. 1.1.1 Land Use Designations The General Plan provides several land use designations for The Platinum Triangle (see Figure 3). Below is a description of these uses. Mixed-Use Located in the heart of The Platinum Triangle, the area designated for Mixed-Use allows office, retail and residential uses to occur in close proximity or within the same building. An eclectic mix of land uses, building types and walkable streets will provide an exciting new live/work environment. The maximum density for The Platinum Triangle Mixed-Use designation is 9,500 dwelling units, 3,265,000 square feet of office uses and 2,254,400 square feet of commercial uses. The designation will be implemented through the PTMU Overlay Zane which will provide for quality neighborhoods and building design through carefully created zoning regulations. The PTMU Overlay Zone allows existing underlying zoning to remain in place. Property owners may either develop or continue operating under the existing zoning designation or, if they choose, they could take advantage of the opportunities to develop under the requirements of the PTMU Overlay Zone. ^ ^„ °~-~"B-^ Reflects PC revisions on 8122/05 MIS No. 2004-00089 (Date Amendment Approved) The Platinum Triangle Master Land Use Plan Office High and Office Low Located along the freeways and the periphery of The Platinum Triangle, the high and low density office areas will be implemented through the O-H (Office High) and O-L (Office Low) Zones and will provide new workplace opportunities within easy access to a variety of housing, retail, entertainment and sports facilities within the Mixed-Use areas. The maximum amount of allowable office squaze footage in these office high and low designations is 1,735,000 square feet. Industrial At the northern periphery of The Platinum Triangle there are industrial uses, which will continue to provide needed jobs for the area. Industrial uses may have a FAR ranging from 0.35 to 0.50. Tho implementing zone for these uses is the I (Industrial) Zone. ~I ~ ~~ __._~ JI ~O ~ - $ ~. ~~ ~- ~y 0.4 acres redesignated /' or Mixed Use ;PA2005-00434 and ~TMLUP Amendment AIS No. 2005-00111 Legend ~~`~ Maetl-Use Office -Low - ORice -High '. Industrial ~• Institufional Open Space +~+~-+ Railroad ~, ~ylj ~/ Oiler: Space The Open Space designation includes those areas -- intended to remain in natural open space including utility easements that will provide recreational and trail access to Anaheim's residents. The implementing zone is the OS (Open Space) Zone. Lastitutional The Institutional designation covers a wide variety of public and quasi-public land uses and is applied to existing public facilities. Institutional uses may have a FAR of 3.0. The implementing zone is the SP (Semi- Public) Zone. / r I ~ ~ ~ ~/ ~R"`III o m m im ®® Figure 3: General Plan Designations Aegust-23;-2A04 ReFlects PC revisions on 8I22I05 MIS No. 2004-00089 (Date Amendment Approved) ........................................................................................................................................................................ Platinum Triangle Master Land Use Plan 10.4 acres redesignated for Mixed Use GPA2005-00434 and PTMLUP Amendment MIS No. 2005-00111 Legend ®oo® The Platinum Triangle Boundary Mixed-Use General Plan Desil anon r ®®®® Conceptual Connector Str " Conceptual Market Streets (Required Ground Floor Commercial) Required Ground Floor Commercial Potential Signalized Intersection Conceptual Mlni Park Location Conceptual Neighborhood Park Location y l=xisting Amtrak/Metrolink Stafion Location Conceptual ARTIC Station Location ~ ~ Landmark Architecture ~ ~ /F Qt ' Y [ a q /~/ /rQC' J ~Sr/~/ ~.. ~.. /I'~ 'I ~~~ 0 750 1500 3000 Figure 4: The Platinum Triangle Urban Design Plan August2it-2904 ReFlects PC revisions on 8/22/05 MIS No. 200400089 (Date Amendment Approved) ............................................................................................................................................ Platinum Triangle Master Land Use Plan 3.0 MIXE® BASE ®9STR9C1' ®~~ ~~~ Several distinct mixed-use districts have been identified within the portion of The Platinum Triangle designated for mixed-use {see Figure 5) to create greater neighborhood identity and take advantage of site opportunities. These districts are identified in The Master Land Use Plan and in the PTMU Overlay Zone. 3.1 Development Intensities The total maximum development for The Platinum Triangle mixed use designation is 9,500 residential dwelling units, 3,265,000 square feet of office development, and 2,254,400 square feet of commercial development. Table 2 indicates the maximum permitted mixed-use development intensity established for each district. This maximum intensity is based on planning and infrastructure considerations analyzed by EIR Nos.....,.... 330 and 332, such as traffic capacity, access and availability of infrastructure and proximity to desfination azeas. The existing square footage maybe demolished and replaced with new construction as long as the total square footage does not exceed the maximum assigned to each district. If development intensities aze proposed to exceed those analyzed by EIR No. 332, further environmental analysis and potentially an amendment to the density identified in the General Plan for The Platinum Triangle will be required. ~- -- - ` Table 2: ~ .~ ~.._ ~ ~ _. ~:~___DevelopmentlOtQrislhesW___,_:., ..-_ . {. District Housing Units Office Commercial .Square Peet Square Feet ~$tadiu~l =1150.~...~; •..~9~..._ ~ ~i 1.30Qi100~ Arena... 425 r 100,000 100,000 Gene Autry 1,000 ".100,000 :174,100. Gatewav` - ,-.2,075' y 53D000 ~., .50.000-~. "The Gateway District encompasses Sub Areas A, B and C{see Section 3.6-Gateway District; 321 housing units are specifically designated for Sub-Area C). 10.4 acres redesignated for Mixed Use GPA2005-00434 and PTMLUP Amendment MIS No. 2005-00111 Figure 5: Mixed Use Districts August~22; 2004 ReFlects PC revisions on 8122105 MIS No. 2004-00089 (Date Amendment Approved) Platinum Triangle Master Land Use Plan 3.4 Katella ®istrict The underlying zones for the Katella District are I (Industrial), O-L (Office-Low) and CG (General Commercial). The I Zone allows for industrial employment opportunities, reseazch and development, repair services, wholesale activities, distribution centers and manufacturing and fabrication. The O-L Zone provides for a variety oflow-intensity office uses that are typically three stories or less in height. The CG Zone allows a variety of commercial uses. This district includes properties adjacent to Katella Avenue, a regional Smart Street which links The Platinum Triangle to The Anaheim Resort. In addition, Katella Avenue provides access to Angel Stadium of Anaheim, The Grove of Anaheim, Arrowhead Pond of Anaheim and the existing Amtrak/Metrolink and proposed ARTIC stations. These circumstances support a "Grand Avenue" concept, expressed by a bold palm grove landscape statement, which will provide a majestic entrance to the City to the east and link The Platinum Triangle to The Anaheim Resort to the west. Additionally, Mazket Street will provide a vibrant, pedestrian oriented connection between the Katella District and the Gene Autry District. To maintain views of Angel Stadium of Anaheim from the I-5 freeway, reduced building heights are required adjacent to Gene Autry Way (see Gene Autry District for more information). Development principles include: • Implement the double palm tree grove along Katella Avenue (see the Public Realm Landscape and Identity Program in Section 4.0 of this document) and provide setbacks sufficient for implementation. • Allow a variety of landscape and hardscape treatments where ground floor commercial and residential uses transition to the street parkway, including shop fronts, outdoor dining and planters. • Introduce connector streets that provide access into the deep pazcels located along Katella Avenue. These walkable, residential-lined streets are important in achieving sustainable neighborhoods. Such streets may be implemented incrementally as adjacent parcels develop. • Provide additional public open space in the form of mini pazks within lazger parcels. • Provide landmazk azchitecture that addresses the intersections of Katella Avenue/State College Avenue and Katella Avenue/Sportstown. • Provide ground floor commercial uses and attractive pedestrian walkways along Market Street. • Building heights step back from Gene Autry Way to allow a view corridor from the I-5 freeway to the Angel Stadium of Anaheim. a 8 AugasE23; 2094 Reflects PC revisions on 8122105 MIS No. 200400089 (Date Amendment Approved) Platinum Triangle Master Land Use Plan ......................................................................... 4.2 Landscape Concept Plan and CP'O$$ ~eCtIOnS The intent of the Landscape Concept Plan is to create a memorable, unified and civic-scaled public landscape for The Platinum Triangle. To achieve this, the Landscape Concept Plan proposes extensive landscape improvements within the area's public rights-of--way and landscape setback areas. This section describes the landscape goals for The Platinum Triangle and provides typical plans and cross sections which establish the basic requirements for landscape development. Implementation of the Landscape Concept Plan within the public right-of--way will occur with development of new projects within the area unless otherwise determined by the City. Figure 14 shows how the Landscape Concept Plan applies to The Platinum Triangle and provides-the overall unifying landscape framework. The full-street cross sections and plans that follow show the landscape treatment of the typical conditions on each of'I'he Platinum Triangle's major streets. The right-of--way dimensions may vary subject to the approval of the City Engineer. The treatment shown for each street is based on the Landscape Concept Plan. Whenever possible, utilities kill be placed underground. A ^~~, ~^^^ ReFlects PC revisions on 8122/05 MIS No. 2004-00089 (Date Amendment Approved) Platinum Triangle Master Land Use Plan .................................................................................................................................................................... 0 750 1500 3000 Legend ®~~® The Platinum Triangle Boundary ° Conceptual Mini Park Location 4 Date Palm Br Mexican Fan Palm Conceptual Neighborhood Park Location ~ Green Canopy Tree F~risting Amtrak/Metrolink Station Location O Flowering Canopy Tree e Citrus Tree Conceptual ARTIC Station Location ~ m m m m Conceptual Connector Streets Conceptual Markel Streets °~' ? Mixed-Use General Plan Designation (Required Ground Floor Commercial) ® Potential Signalized Intersection Required Ground Floor Commercial Figure 11: Landscape Concept Plan Auer°' ^~, ^^^^ Reflects PC revisions an 8122/05 MIS No. 2004-00089 (Date Amendment Approved) .... _ _ ............... Platinum Triangle Master Land Use Plan ................................................................................................................................................................................................ i- .___--~~~~s' sue! ( ~ i sa~~ ''--' j~>L .~ ~,. h ~x //~,' 10.4 acres redesignated ~+ for Mixed Use GPA2005-00434 and PTMLUP Amendment MIS No. 2005.00111 Legend POta151ia1 $ignefiEOd IntarseGtiOn ..... Conc+eptaal ConnaCw Street Location • •. • Conceptual Market Sheet Lo®lian OAi~md Use General Plan Designation ~,`` _..__o..eom.rp a e e OP~~ e 1 VUa ~ 6 ®, 1`~.~s ~r \`~A p e -'___y O y `,• o ~ T ~~m d4 i as 18 '-.-yi.,... .~'~ w c` /" y~'° / 0 3f4 hJ:! 1600 ' i See Figure 31 for Secondary Streets (Howell Avenue, Sunkist Street and Cerritos Avenue) Figure 12: Cross Section Key Map °~~^ •°.m9a~. "~"n" Reflects PC revisions on 8/22105 MIS No. 2004-00089 ~Daie Amendment Approved) ATTIC MENT N®, 4 MIS2005-00116 Rescission Resolution Rescission ap RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RESCINDING; IN PART, RESOLUTION NO. PC2004-83 AND RECOMMENDING THAT CITY COUNCIL RESCIND, IN-PART, RESOLUTION NO. 2004-180 ` (MISCELLANEOUS CASE NO. 2005-00116) WHEREAS, on May 25, 2004, the City Council of the City of Anaheim approved a comprehensive update to the Anaheim General Plan by Resolution No. 2004-95, which plan may be amended from time to time; and WHEREAS, the adopted General Plan establisfies a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity ofUp to 100 dwelling units per acre), 5,OOO,D00 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR-57 Freeway in the City of Anaheim, County of Orange, State of California, generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and SR- 57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area and which area is further depicted in Figure "LU-5: Areas of the City with Special Density Limitations" of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and WHEREAS, the City did receive a verified petition for Miscellaneous Case No. 2005-00116 in connection with General Plah Amendment No. 2005-00434, Zoning Code Amendment No. 2005-00042, Miscellaneous Case No. 2005-00111, Reclassification No. 2005-00164 and Conditional Use Permit No. 2005-04999, (hereinafter collectively referred to as the "Discretionary Actions"); and WHEREAS, the subject properties encompassed by the Discretionary Actions comprise approximately 41.4 acres in The Platinum Triangle generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of Betmor Lane antl further identified as Site. 1 (Site 1 encompasses approximately 31 acres located of 1200-1558, 1700 and 1800 East Katella Avenue; 1301-1395 and 1551 Gene Autry Way, 1870, 1871, 1880, 1881, 1890, 1891, 1900 and 1901 South Chris Lane, 1833 and 1841 South State College Boulevard, 1800 and 1801 East Talbot Way) and Site 2 (Site 2 encompasses approximately 10.4 acres located of 1871, 1881, 1891, 1901, 18701880, 1890, 1900, 1901 and 1910 South Betmor Lane and 1100 East Katella Avenue);. and WHEREAS, Miscellaneous Case No. 2005-00116 to rescind in part, Resolutions of Intent pertaining to the reclassification of the subject property from the I (Industrial) Zone to the O-H (High Intensity Office) Zone is proposed for Site 2 as further described in Exhibit 1 attached hereto to this Resolution and which is incorporated herein by this reference as if set forth: in full; and WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by Resolution No. 2004-178 and The Platinum Triangle. Standardized Development Agreement by Resolution No. 2004-179 and oh August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, the adopted General Plan and The Platinum Triangle Master Land Use Plan designate Site 2 (the "subject property") for Office-High land uses; and WHEREAS, on August 9, 2004, the Anaheim Planning Commission adopted Resolution No. PC2004-83 approving Reclassification No: 2004-00127, establishing a resolution of intent to reclassify certain properties within The Platinum Triangle and identified on exhibits attached to said Resolution from the I (Industrial), C-G (General Commercial) and O-L (Low Intensity Office) Zones to the O-H (High Intensity. Office) Zone and the subject property from the I (Industrial) Zone to the O-H (High Intensity Office) Zone; and CR\PC2005- -1- PC2005- WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004-180 approving Reclassification No. 2004-00127, establishing a resolution of intent to reclassify certain properties within The Platinum Triangle and identified on exhibits attached to said Resolution from the I (Industrial), C-G (General Commercial) and 0-L (Low Intensity Office) Zones to the O-H (High Intensity Office) Zone and the subject property from the I {Industrial) Zone to the O-H (High Intensity Office) Zone; and WHEREAS, Miscellaneous Case No. 2005-00116 pertains to a request for Planning Commission to rescind, in part, Resolution No. PC2004-83 and recommend that the City Council rescind, in part, Resolution No. 2004-180 pertaining to Reclassification No. 2004-00127 in order to rescind resolutions of intent pertaining to the reclassification of the subject property from the I (Industrial) Zone to the O-H (High Intensity Office) Zone; and WHEREAS, in conjunction with Miscellaneous Case No. 2005-00116, the applicant is proposing a General Plan Amendment (GPA2005-00434) and Reclassification (RCL2005-00164) of the subject property for incorporation into the Mixed Use land use designation and Platinum Triangle Mixed Use Overlay Zone respectively; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of state law, to hear and consider evidence for and against the rescission, in part, of Resolution No. PC2004-83 and recommending to the City Council, rescission, in part, of Resolution No. 2004-180; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of aII evidence and reports offered at said hearing, does find and determine the following facts: L That the subject property; which comprises approximately 10.4 acres, is currently developed with industrial buildings; and that the Land Use Element of the Anafieim Geheral Plan designates the property for Office-High land uses. 2. That General Plan Amendment No. 2005-00434 (to redesignate the subject property from the Office-High to the Mixed-Use land use designation in The Platinum Triangle) is being considered in conjunction with. proposed Reclassification No; 2005-00164 (to reclassify the subject property from the I (Industrial) Zone tolhe i (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use Overlay) Zone) and amendments to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2005-00111.) and the Platinum Triangle Mixed Use Overlay Zone (Zoning Code Amendment No. 2005-00042). 3: That the Platinum Triangle Master Land Use Plah and the PTMU Overlay Zone, as proposed for amendment, designate the subject property as "I (PTMU Overlay), Katella District (the maximum residential density and allowable commercial and office square footage in the Katella District is not proposed to be increased in connection with said amendments to the PTMLUP and the PTMU Overlay Zone). 4. That the approved resolution of intent to the 0-H (High Intensity Office) Zone as approved per Reclassification No. 2004-00127 for the subject property is not consistent with the proposed General Plan; Platinum Triangle Master Land Use Plan; and PTMU Overlay Zone amendments or with the proposed Reclassification No. 2005-00164. 5. That rescihding, in part, the resolution of intent to reclassify the above-described property to the O-H (High Intensity Office) Zone is required in conjunction with the proposed reclassification of the subject property to the I (PTMU Overlay) Zone. 6: That'*"* person spoke with concerns relating to the subject request; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Miscellaneous Case No. 2005-00116 in conjunction with Reclassification No. 2005-00164, General Plan Amendment No. 2005-00434, Miscellaneous Case Nos. 2005-00111, and, Zoning Code Amendment No. 2005-00042, Conditional Use Permit No. 2005-04999 and Development Agreement No. 2005-00008 (collectively, the "Project Discretionary Actions") and, by its motion, based upon its independent review of all evidence received at the public hearing, including an Initial Study conducted -2- PC2005- pursuant to CEQA for the Project Discretionary Actions (the "Initial Study') and an Addendum to FSEIR No. 332 (the "Addendum") prepared for the Project Discretionary Actions did find, and further recommend that the City Council, as lead agency for the Project, unless additional or contrary information is received during the City Council's public hearing on the Project and pending City Council's certification of FSEIR No. 332.... along with adoption of a Statement of Findings and Fact, a Statement of Overriding Consideration and the Updated and Modified Mitigation Monitoring Program No. 106A, (scheduled for City Council consideration on September 27, 2005), determine and find, pursuant to the provisions of the California Environmerital Quality Act ("CEQA"), based upon the City Council's independent review of the Initial Study and Addendum and the evidence received at the public hearing, that the certified FSEIR No. 332, together with its Addendum and :Mitigation Monitoring Plan No. 138, are adequate to serve as the required environmental documentation for the Project Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Rescission. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby rescind, in-part, Resolution No. PC2004-83 (a resolution of the Anaheim Planning Commission recommending that the City Council adopt the resolution of intent to the O-H (High :Intensity Office) Zone) (Resolution No. PC2004-83) (Reclassification No. 2004-00127) as it pertains to the subject properly; and That this approval is granted expressly conditioned upon adoption of General Plan Amendment No 2005- 00434; Miscellaneous Case No. 2005-00111 to amend The Platinum Triangle Master Land Use Plan, Reclassification No. 2005-00164, Zoning Code Amendment Ne. 2005-00042, Conditional Use Permit No. 2005- 04999, Development Agreement No. 2005-00008 and certification of FSEIR No. 332 and a, proca' o! Its Addendum. NOW., THEREFORE, BE IT FURTHER RESOLVED that the Anaheim City Plann,^c Commission does hereby recommend that the City Council, rescind, in-part, Resolution No. 200-~?BS to resolution of intent to reclassify certain properties within the I (Industrial) Zone to the O-H (High Inte~sny Office) Zone (Reclassification No. 2004-00127) as it pertains to the subject property. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, -Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 7, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2005- EXHIBIT 1 TO MISCELLANEOUS CASE NO. 2005-00116 Site 2 Legal Description Parcels 2 throuGtt 9, inclusive, of Block `"A" in Ci[y of Anaheim, County of Orange, State of California as shown on a map filed in Book 104, Page 12 of Parcc] Maps, in the Office of the County Recorder of said counq~, together wRth a portion of the east half of the northwest quarter of the northeast quarter of Section 26, Towaship 4 South, Range 10 West in Rancho San Juan Cajon De Santa Ana, as shown on a map recorded in Book 51, Page 10 of Miscellaneous Maps, Records of said county, described as follows: Beginning at the northwest corner of said east half, said point being a point in the centerline of a L0:00 foot wide street shown as Katella Avenue on a Pazcel Map filed in Book Bl, Page 32 of said Parcel Maps, said centerline being the north line of said Section 26; thence easterly along said center]ine South B9°0T46" East 300.07 feet to a line which is parallel with a 300.00 feet easterly of westerly line of said northeast quarter; thence along said parallel line South 0°24'01" Fast 60.01 feet to the southerly right of way of said 120.00 foot wide street and the northwesterly corner of Pazcel 1 of said Pazce] Map; thence along the boundary of said Parcel l the following wurses: South 0°24'01" East 507.12 feet, South 89°0746" East 299.23 feet to anon-tangent curve wncave northwesterly having a radius of 124.00 feet, a radial line to the beginning of said curve bears South 56°SS'12" East, said curve being in the easterly line of said Block "A' ; thence along said boundary the following courses: southwesterly along said curve 3251 feet along said curve through a central angle of 15°01'17", tangent from said curve South 48°03'OS" West 3.40 feet to a tangent curve concave southeasterly having a radius of 176.00 fee[, southwesterly 144.86 fee[ along said curve through a central angle of 47°09'2S", non-tangent from said curve South 0°53'38" West 504.57 feet to the right of way to the State of California as descnbed in the deed recorded October 5, 1996 as Instnunent No. 1998067?731 of Official Records of said county; thence along said right of way the following courses: South 51°5739" West 40.48 fee[, North 79°09'17" West 85.74 fee[ to a tangent curve concave southerly having a radius of 307:01 feet, westerly 53.46 feet along said curve through a central angle of 9°58'40", tangent from said curve North 89°0TS7" West 23.50 feet, North 4S°32'32" West 37.74 feet to the easterly right of way of a 64.00 foot wide street shown on said Parcel Map as Betmor Lane and North 89°08'40" West 32.00 feet to the centerline of said Betmor Lane; thence leaving said State of California right of way along said centerline North D'SS'00" East 14(I,iS feet to a line which is perpendicular to said centerline and runs through the southeast corner of Parcel 2 of said Bloch "A' ;thence North 89°03'00" West 32.00 feet to said soutlteast comer of said Parcel 2; thence westerly along the southerly line of said Parcel 2 North 69°06'54" West 224.70 feet to the westerly line of said Parcel Map, said Line being the westerly line of the northeast quaztex of said Section 2G; thence northerly along said westerly line North 0°'L4'Ol" West 1067.39 feet to [hc Point of Beginning. Containing an area of 10.871 acres more or less KATELLA AVENUE Fes-- 3oe • -sl aoo -~ 0 / i ~ i i 27fi ~ i I / JI I `I I I 'I I I I ~ 3~ I ImI j I m l W d' eft I Z Q wt I ~ ~ ~ J F Z a ~ ~ a' PIL ~ m ~ zI I U ~~~226' W / ts"'" ~ I aZ `; sz ~~ I J ~~ ~ ~ I ~~ I F~- IL ~r-~--22s o] GENE AUTRY WAY f Reclassification No. 2005-00164 ~ ~~-~~'~ Subject Property Miscellaneous Case No. 2005-00116 Date: September 7, 2005 Scale: Graphic Requested By: LENNAR PLATINUM TRIANGLE, LLC Q.S. No. 108 RECLASSIFICATION NO. 2005-00164 - TO RECLASSIFY A 10.4-ACRE PROPERTY. MISCELLANEOUS CASE NO. 2005-00116 - TO RESCIND IN PART, RESOLUTION NO. PC2004-83 AND RECOMMEND THAT THE CITY COUNCIL RESCIND IN PART, RESOLUTION tJO. PC2004-180 PERTAINING TO RECLASSIFICATION NO. 2004-127 IN ORDER TO RESCIND RESOLUTION OF INTENT PERTAINING TO THE RECLASSIFICATION OF A 10.4-ACRE PROPERTY. 1871, 1861, 1891, 1870, 1880, 1890, 1900, 1901 and 1910 Betmore Lane and 1100 East Katella Avenue 7996 ATTACHMENT N®. 5 RCL2005-00164 Reclassification into PTMIJ ®verlay Resolution RESOLUTION NO. PC2005--** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2005-00164 BE GRANTED WHEREAS, on May 25, 2004, the City Council of the City of Anaheim approved a comprehensive update to the Anaheim General.. Plan by Resolution No. 2004-95, which plan may be amended from time to time: and WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,000 square feet of office space; slightly over 2,000.,000 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, The Platinum Triangle comprises approximately 820 acres Idcated' at the confluence of the Interstate 5 Freeway and the SR-57 Freeway in the City of Anaheim, County of Orange, State of California, generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area and which area is further depicted in Figure "LU-5: Areas of the City with Special Density Limitations" of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and WHEREAS, on August 17, 2004; the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by Resolution No. 2004-178 and The Platinum Triangle Standardized Development Agreement by Resolution No. 2004-179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, on August 22, 2005, the Anaheim Planning Commission by resolution, recommended approval to the City Council modifications pertaining to The. Platinum Triangle including General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No. 2004- 00089 to amend The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005-00115 to rescind. in-part, a Resolution of Intent pertaining to ~eclassificatidn of the North Net Fire Training. Center site and Reclassification Nd. 2004-00134,antl by motion, recommended approvaftd the City Council Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement; and WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described in attached Exhibit A for property generally referred to as Site 2 and further described as 1871, 1881, 1891, 1870 1880, 1890, 1900, 1901 and 1910 Betmor Lane and 1100 East Katella Avenue; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 2005 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code,. Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes reclassification of subject property from the "I" (Industrial) Zone to the "I (PTMU Overlay)" (Industrial -Platinum Triangle Mixed Use Overlay) Zone. 2. That General Plan Amendment No. 2005-00434 (to redesignate the subject property from the Office-High to the Mixed-Use land use designation in The Platinum Triangle) is being considered in conjunction CR1PC2005-0 -1- PC2005- with the proposed Reclassification No. 2005-00164 (to reclassify the subject property from the I (Industrial) Zone to the I (PTMU Overlay) (industrial -Platinum Triangle Mixed Use Overlay) Zone), amendments to The..... Platinum Triangle Master Land Use Plan to reflect the redesgnation of the subject property from the Office-High to the Mixed-Use land use designation and the incorporation of the property into the PTMU Overlay Zone, Katella District (Miscellaneous Case No. 2005-00111) and amendments to the Platinum Triargle Mixed Use Overlay Zone (Zoning Code Amendment No. 2005-00042). , 3. Reclassification of this site to the Platinum Triangle Mixed Use Overlay Zone would not increase the permitted mixed use density established for the PTMU Overlay Zone. 4. That the Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone, as proposed for amendment, designate the subject property as "I (PTMU Overlay), Katella District", with no increase in the permitted residential density or commercial or office square footage proposed for said District. 5. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 6. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 7. That the proposed reclassification of subject property requires the dedication and improvement of abutting streets and alleys in accordance with the Circulation Element of the General Plan, due to the anticipated increase in traffic which will be generated by the intensification of land use. 8. That "' indicated their presehde at said public hearing ih opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning. Commission has reviewed Reclassification No. 2005-00164 in conjunction with Geheral .Plan Amendment No. 2005-00434, Miscellaneous Case Nos. 2005-00111, and 2005-00116, Zohing Code Amendment No. 2005; 00042, Conditional Use Permit No. 2005-04999 and Development Agreement Nd. 2005-00008 (collectively, the "Project Discretionary Actions") and, by its motion, based upon its independent review of all evidence received at the public hearing, including an Initial Study conducted pursuant to CEQA for the Project Discretionary Actions (the "Initial Study") and an Addendum td FSEIR No. 332 (the "Addendum") prepared for the Project Discretionary Actions did find, and further recommend that the City Council, as lead agency for the Project, unless additional or contrary information is :received during the City Council's public hearing on the Project and pending City Council's certification of FSEIR No. 332 along with adoption of a Statement of Findings and Fact, a Statement of Overriding Consideration and the Updated and Modified Mitigation Monitoring Program No. 106A, (scheduled for City Council consideration on September 27, 2005), determine and find, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon the City Council's independent review of the Initial Study and Addendum and the evidence received at the public hearing, that the certified FSEIR No. 332, together with its Addendum and Mitigation Monitoring Plan No. 138, are adequate to serve as the required environmental documentation for the Project Discretionary'Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Reclassification. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the I (Industrial) Zone and to incorporate said described property into the I (PTMU) (Industrial -Platinum Triangle Mixed Use Overlay) Zone upon the following conditions which are heretiy found to be a necessary prerequisite to the proposed use of subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That this Reclassification Nd. 2005-00164 is granted expressly conditioned upon certification of FSEIR No. 332 and approval of the Addendum, and associated Updated and Modified Mitigation Monitoring Program No. -2- PC2005- 106A, and Mitigation Monitoring Plan No. 138, adoption of General Plan Amendment Nos. 2004-00420 and 2005-00434, amendments to The Platinum Triangle Master Land Use Plan (Miscellaneous Case Nos. 2004- 00089 and 2005-OD111), amendments to the Platinum Triangle Mixed Use Overlay Zone (Zoning Code Amendment Nos. 2004-00036 and 2005-00042), amendments to The Platinum Triangle Standardized Development Agreement (Miscellaneous Case No. 2005-00114) and rescission, in part, of the Resolution of Intent to reclassify the subject site from the I (Industrial) Zone to the O-H (High Intensity Office) Zone (Miscellaneous Case No. 2005-00116). 2. That the ordinance for this reclassification shall not be introduced and adopted unless an ordinance for Development Agreement No. 2005-00008 is concurrently introduced and adopted such that the two ordinances would become effective on the same date. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon General Plan Amendment No. 2004- 00420, The Platinum Triangle Master Land Use Plan Amendment (Miscellaneous Case No. 2004-00089) and Zoning Code Amendment No. 2004-00036 and Amendment to The Platinum Triangle Standardized Development Agreement (Miscellaneous Case No. 2005-00114) and on applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7, 2005. Said resolution is subject to the appeal provisions set forth in Ghapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ,Senior Secretary of the Anaheim Planning Commission, do'hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on "', 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005.. IN WITNESS WHEREOF, I have hereunto set my hand this day of , SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005- EXHIBIT A TO RECLASSIFFCATION MO. 2005-00164 Site 2 Legal Description Pazcels 2 through 9, inclusive, of Block "A" in City of Anaheim, County of Orange, State of California as shown on a map filed in Book 104, Page 12 of Parcel Maps, in the Office of the County Recorder of said county, together v<~th a portion of the east half of the northwest quarter of the northeast quarter of Section 26, Township 4 South, Range 10 West in Rancho San Juan Cajon De San[a Ana, as shown on a map recorded in Book 51, Page 10 of Miscellaneous Maps, Records of said county; described as follows: Beginning at the northwest. corner of said east half, said point being a point in the centerline of a 130.00 foot wide street sho~m as I{atella Avenue on a Parcel Map filed in Book Bl, Page 32 of said Parccl Maps, said centerline being the north line of said Section 26; thence easterly along said. centerline South 89°0746" East 300.07 feet to a line which is parallel with a 300.00 fee[ easterly of westerly line of said northeast quarter; thence along said parallel line South 0°24'01" East 60.01 feet to the southerly right of way of said 120.00 foot wide street and the northwesterly corner of Pazcel 1 of said Parcel Map; thence along the boundary of said Parcel l the following cotrrses: South 0°24'01" East 507.12 feet, South 89°0T4fi" East 299.23 feet to anon-tangent curve concave northwesterly having a radius of 124.00 fee[, a radial line to the beginning of said curve bears South Sfi°S8'12" East, said curve being in the easterly line of said Block "A"; thence along said boundary the following courses: southwesterly along said curve 3251 feet along said curve throngh a central angle of 15°01'17", tangent from said curve South 48°03'05" West 3.40 feet to a tangent curve concave southeasterly having a radius of 176.OD feet, southwesterly 144.86 feet along said curve through a central angle of 47°09'25", non-tangent from said curve South 0°53'38" West 504.57 feet to the right of way to the State of California as described in the deed recorded October 5, 1998 as Instrument No. 19980672731 of Official Records of said county; thence along said right of way the following courses: South 51°57'39" West 40.48 feet, North 79°09'17" West 85.74 feet to a tangent curve concave southerly having a radius of 307.01 feet, westerly 53.46 feet along said curve through a central angle of 9°58'40", tangent from said curve North 89°0757" West 2350 feet, North 45°32'32" West 37.74 feet to the easterly right of way of a 64.00 foot wide street shown on said Parcel Map as Betmor Lane and North 89°08'40" Wes[ 33.00 feet to the centerline of said Betmor Lane; thence leaving said State of California right of way along said centerline North 0°56'00" Last 14(I,S~ feet to a line which is perpendicular to said centerline and runs through the southeast corner of Parcel 2 of said Block "A'; thence North 89°02'00" West 32.00 feet to said southeast corner of said Pazcel 2; thence westerly along the southerly line of said Parcel 2 North 89°06'54" West 224.70 feet to the westerly line of said Parcel Map, said line being the westerly line of the northeast quarter of said Section 2G; thence northerly along said westerly line North 0°24'01" West 1067.39 feet to the Point of Begintdng. Containing an azea of 10.871 acres more or less ATTACHMENT N®. 6 ZCA2005-00042 Zoning Code Arnendrr,ent Resolution and ' raft Changes RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND A PORTION OF CHAPTER 18.20 "PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE" AND CHAPTER 18.92 "DEFINITIONS" (ZONING CODE AMENDMENT NO. 2005-00042) WHEREAS, the Zoning Code was originally adopted iri 1929 and has been updated a number of times over the years; and WHEREAS, pursuant to Chapter 18.76 (Zoning Amendments) of the Anaheim Munidipal Code, provisions of Title 18 may be amended whenever the public necessity and convenience and the general welfare require, when adopted by an ordinance of the City Council in the manner prescribed by law; and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum Floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by Resolution No.2004-178 and The Platinum Triangle Standardized Development Agreement by Resolution No. 2004-179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, the Zoning Code implements the General Plan; and WHEREAS, the Planning Commission makes recommendations to the City Councif regarding Zoning Code Amendments; and WHEREAS, on August 22, 2005, the Anaheim Planning Commission approved and' recommended approval of applications pertaining to The Platinum Triangle including General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No. 2004- 00089 to amend The Platinum Triangle Master Land Use Plan; :Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005- 00115 to rescind in-part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004-00134 (scheduled for City Council consideration on September 27, 2005); and. WHEREAS Zoning Code Amendment No. 2004-00036 identified above included an adjustment to the boundaries of the mixed-use districts to include the North Net Fire Training Center in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the North Net Fire Training Center); a modification to the PTMU Overlay Zone commercial ' density to add 210,100 square feet of additional commercial square footage (190,100 square feet of this square footage would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in fhe Katella District); and, additional technical refinements and clarifications, including, but not limited to, refinements to density descriptions to reflect the above-noted changes and other City Code requirements; and Cr\PC2005- -1- PC2005- WHEREAS, Zoning Code Amendment No. 2005-00042 is a request to amend Chapters 18.20 (PTMU Overlay) and 18.92 (Definitions) of Title 18 (Zoning Code) of the Anaheim Municipal Code to add educational institutions and condominium hotels as authorized uses subject to the approval of a conditional use permit, amend the minimum size of balconies and add a definition for condominium hotels, which .amendments are attached hereto specifically marked in Exhibit 1 (educational institutions and condominium hotels provisions) and Exhibit 2 (definition of condominium hotel) to this Resolution, and which are incorporated herein by this reference as if set forth in full; and WHEREAS, the applicant had submitted a request to amend Chapter 18.20 to modify park land dedication provisions; however, the applicant subsequently withdrew said request; and WHEREAS, :the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against the proposed Platinum Triangle Mixed Use Overlay Zone amendments and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim Planning Commission, having reviewed and considered the amendments to Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) and Chapter 18.92 (Definitions) of the Zoning Code (Zoning Code Amendment No. 2005-00042) has determined that the public necessity and convenience and the general welfare require its amendment based upon the following. findings: 1: That the proposed amendments to the PTMU Overlay Zone are donsistentWith the Planning Commission's resolutions recommending that the City Council adopt General Ptan Amendment No. 2005- 00434, Miscellaneous Case Nos. 2005-00111 and 2005-00116 to amend The Platinum Triangle Master Land Use Plan and rescind a resolution of intent to the O-H (High Intensity Office) Zone, Reclassification No. 2005-00164, Conditional Use Permit No. 2005-04999 and Development Agreement No. 2005-00008, 2. That the proposed amendments implement the Anaheim General Plan and provide for potential school opportunities, condominium hotel uses and refinements to high-rise residential tower standards in the PTMU Overlay Zone as set forth in the staff report to the Planning Commission dated September 7, 2005; CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Zoning Code Amendment No. 2005-00042 in conjunction with General Plan Amendment No. 2005-00434, Reclassification No. 2005-00164, Miscellaneous Case Nos. 2005-00111, and. 2005-00116, Conditional Use Permit No. 2005-04999 and Development Agreement No. 2005-00008 (collectively, the "Project Discretionary Actions") and, by its motion, based upon its independent review of all evidence received at the public hearing,.. including an Initial Study conducted pursuant to CEQA for the Project Discretionary Actions (the "Initial Study") and an Addendum to FSEIR No. 332 (the "Addendum") prepared for the Project Discretionary Actions did find, and further recommend that the City Council, as lead agency for the Project, unless additional or contrary information is received during the City Council's public hearing on the Project and pending City Council's certification of FSEIR No. 332 along with adoption of a Statement of Findings and Fact; a Statement of Overriding Consideration and the Updated and Modified Mitigation Monitoring Program No. 106A, (scheduled for City Council consideration on September 27, 2005), determine and find, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon the City Council's independent review of the Initial Study and Addendum and the evidence received at the public hearing, that the certified FSEIR No. 332, together with its Addendum and Mitigation Monitoring Plan No. 138, are adequate to serve as the required environmental documentation for the Project Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Zoning Code Amendment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby recommend that an ordinance be prepared reflecting the proposed amendments to Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) and Chapter 18.92 (Definitions) of the Zoning Code (Zoning. Code Amendment No. 2005-00042) and that the City Council approve said Ordinance. -2- PC2005- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Mprris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 7, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005- ATTACHMENT NO.6, EXHIBIT NO. 1 BALCONY PROVISIONS CORRECTED 9/1/05 TO MATCH STAFF REPORT CalapY~P 78.2® ~L~,~ri~unn T~i~,~GL~ ~ixE® usE (~~r~u> ovsRL~y z®~E Sections: 18.20.010 Purpose and intent.. 18.20.020 Applicability. 18.20.030 Uses. 18.20.040 Development districts. 18.20.050 Structural heights. 18.20.060 Coverage. 18.20.070 Project size. 18.20.080 Floor area. 18.20.090 Structural setbacks.. 18.20.100 Structural location and building orientation. 18.20.110 Public parks, recreational-leisure areas and landscaping 18.20.120 Parking, loading and vehicular access. 18.20.130 Refuse storage and recycling facilities and private storage areas 18.20.140 Design standards. 18.20.150 Signs. 18.20.160 Compatibility standards. 18.20.165 Gateway District Sub-Area B standards. 18.20.170 ImplementationC 18.20.010 PURPOSE AND INTENT. .010 Purpose. The purpose bf this chapter is to establish the Platinum Triangle Mixed Use (PTNIU) Overlay Zone (hereinafter'referred to as the "PTMU Overlay Zone") to provide opportunities for well-designed development projects that combine residential with non- residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the portions of The Platinum Triangle designated with the Mixed-Use land use designation in the City of Anaheim General Plan, and consistent with the policy dtrection in the General Plan. .020 Objectives. The PTMU Overlay Zone has the following major objectives: .0201 Create a unique integrated, walkable urban environment that encourages pedestrian activity and reduces dependence on the automobile for everyday needs through a streetscape that is connected, attractive, safe and engaging. .0202 Develop an overall urban design framework to ensure that the appeazance and effects of buildings, improvements, and uses are harmonious with the chazacter of the azea in which they aze located. .0203 Encourage compatibility between residential, commercial and sgorts entertainment uses. F:~ZCAfolder\Ord5968-amendment.doc 20-1 5-10-OS Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .0204 Reinforce Transit Oriented Development (TOD) opportunities azound the existing Amtrak/Metrolink and the proposed Anaheim Regional Transportation Intermodah Center (ARTIC) stations. .0205 Maintain and enhance connectivity and linkages with convenience services, dining, retail and recreation facilities within wallcing distance by providing ground floor commercial uses in key locafions. .0206 Provide a mix of housing types. .0207 Create great long-lasting neighborhoods that maintain value through buildings with azchitectural qualities that create attractive street scenes. .0208 Provide a variety of open space including private, recreational-leisure azeas and public parks. .0209 Create a balance of landscape and azchitecture by providing sufficient planting space. .0210 Encourage parking solutions that aze incentives for creative planning and sustainable neighborhood design.. .0211 Stimulate market driven developmenfinvestment. 18.20.020 APPLICABILITY. .010 The Platinum Triangle comprises approximately eight hundred twenty (820) acres generally bounded by the Santa Ana River on the east,. the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north. The PTMU Overlay Zone covers an azea consisting of approximately three hundred and :--~~- T; eighty nine (389) acres within The Platinum Triangle,. as ,- depicted in Figure 3 (General Plan Designations) of The Platinum Triangle Master Land Use Plan approved by the City Council on August 17, 2004, and on file in the Office of the City Clerk, said Figure 3 is incorporated herein by this reference as though set forth in full. (Ord. 5948 § 2; November 9, 2004) .020 Applicable Regulations. The provisions of this chapter shall supersede the corresponding regulafions of the underlying zones, except as provided below. .030 Option to Use Underlying Zone. The provisions of this chapter shall not apply to pazcels that have been or aze proposed to be developed entirely under the underlying zone, provided that all requirements of the underlying zone are met by the project except as specifically approved otherwise by variance or other official action by the City. 18.20.030 USES. .010 Primary Uses. Table 20-A (Primary Uses: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable primary uses for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.030 (Residential Primary Use Classes) and Section 18.36.040 (Non-residential Primary Use Classes) of Chapter 18.36 (Types of Uses).. .020 Accessory Uses. Table 20-B (Accessory Uses and Structures: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable accessory uses and structures H:Reports\Cases\GPA2005-00434\P,ttachments\P,tt6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of Uses). -- - - .030 Temporary Uses. Table 20-C (Temporary Uses and Structures: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable temporary uses and structures for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.060 (Temporary Use Classes) of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 20-A, 20-B and 20-C are established by letter designations as follows: .0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a conditionaluse permit; °.0403 `~1" designates classes of uses that are prohibited; and .0404 "GF" designates classes of uses that are considered ground floor - commercial for the PTMU Overlay Zone. .050 Ground-Floor Commercial Uses. In order to encourage an active street life while accommodating mazket demand, ground floor commercial uses facing the street are required along "Mazket Street" and on Gene Autry Way, east of Mazket Street as identified on Figure 4 (The Platinum Triangle Urban Design Plan) in The Platinum Triangle Master Land Use Plan. Ground floor commercial uses are idenfified in Tables 20-A, 20-B and 20-C, and may include the non-residential portion of live/work units, or may be designed so that the space may be used for either residential or non-residential uses where the residential portion does not face the street. Ground floor commercial uses aze also permitted along all other streets within the PTMU Overlay Zone. .0501 Ground floor commercial uses as designated in Tables 20-A, 20-B and 20- C shall have a minimum depth no less than thirty (30) feet along "Mazket Street" and Gene Autry Way, east of Market Street, as identified on Figure 4 of The Platinum Triangle Master Land Use Plan. The total amount of ground floor commercial along these two streets shall not exceed 150,000 squaze feet of gross floor azea. .060 Live/Work Units. A commercial land use maybe combined with a residential land use within one unit to create a space that contains both a residence and commercial area such as an office. .070 Unlisted Uses. Any class of use that is not listed in Tables 20-A, 20-B and 20-C is prohibited unless a determination is made by the Planning Director to allow the submission of an application for a conditional use permit to approve the use. .080 Interpreting Classes of Uses. The provisions for interpreting the classes ofuses in Tables 20-A, 20-B or 20-C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). .090 Special Provisions. Special provisions related to a use aze referenced in the "Special Provisions" column of Tables 20-A, 20-B and 20-C. Such provisions may include. references to other applicable code sections or limitations to the specified land use. H:ReportslCases\GPA20p5-00434\P,ttacliments\Att6-B ZCA Exbibit 1 Anaheim Zoning Code, The Platinum Triangle Mixed Use Overlay Zone Table 20-A P Permitted by Right `" PRIlVIARY USES: C Conditional Use Permit Required TAE PLATINUM TRIANGLE N Prohibited MIXED USE (PTMU) OVERLAY ZONE GF Ground Floor Commercial - PTMU GF Special Provisions Residential Classes of Uses Dwellings-Multiple Family P Dwellings-Multiple Family in the C Subject to the approval of Conditional Use Permit No. Gateway District, Sub-Area B 2003-04763, as maybe amended from time to time, and subject to the conditions and showings of Chapter 18.66 (Conditional Use Permits), and further subject to pazagraph 18.20.170.020:0202 .Dwellings-Single-Family. P Attached Dwellings-Single-Family.. N Detached Senicr Citizen Housing C Subject to Chapter 18.50 (Senior Citizens' Apartment Projects) Non-Residential Classes of Uses Alcoholic Beverage Sales-Off- C GF Sale Alcoholic Beverage Sales-0n- C GF Sale Antennas-Broadcasting P Automotive-Public Parking C Automotive, truck, trailer and. N other vehicle sales Automotive-Service Station C Bars & Nightclubs C Billboazds N Business & Financial Services P Breweries C Commercial Retail Centers C Community & Religious C Assembly Computer Internet & Amusement C Facilities Conversions of hotels or motels to N semi-permanent living quarters Dance & Fitness Studios-Large P Dance & Fitness Studios-Small P Day Caze Centers C Drive-up or drive-through N Subject to Section 18.38.060 (Antennas - telecommunications) GF GF GF Including the on-premise sale and consumption of beer or ale GF GF GF GF GF H:Reports\Cases\GPA2005-00434Wttachments\Att6-B ZCA Exhibit I Anaheim Zoning Code The Platinum Triangle Mined Use Overlay Zone Table 20-A P Permitted by Right PRIMARY USES: C Conditional Use Permit Required THE PLATINUM TRIANGLE N Prohibited MIXED USE (PTMU) OVERLAY ZONE GF Ground Floor Commercial PTMU GF Special Provisions services Educational Institutions - C ~- General Hotels & Motels P/C/N Hotels aze permitted, extended-stay hotels and ®/ condominium hotels aze permitted by CUP, motels are not permitted (See Chapter 18.92 for defuutions) Mazkets-Small P GF Pawnshops N Fersonal Services-General P GF On-site dry cleaning not allowed; condiGona] use permit required for Laundromats Personal Services-Restricted C GF Offices P GF Public Services P GF Recreation-Bowling & Billiards P GF Recreation-Commercial Indoor P GF Recreation-CommercialOu[door C Recreafion-Low-Impact P Recreation-Swimming & Teunis P Recycling Services-Consumer P Repair Services-Limited P Rescue missions, shelters for the N homeless Reseazch and Development. C Facilities Restaurants-General P Restaurants-Semi-Enclosed P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval GF GF Subject to Section 18.3&.220 (Restaurants -outdoor seating and dining) Restaurants-Walk-Up P Retail Sales-General P GF Retail Sales-Kiosks P Retail Sales-Regional P Secondhand shops N Sex-oriented businesses, as N defined in Chapter 18.54 (Sex- Oriented Businesses) Studios-Broadcasting C GF Studios-Recording P GF Swap meets, indoor or outdoor N H:Reports\Cases\GPA2005-00434\.4ttachments41tt6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone Table 20-A P Permitted by Right PRIMARY USES: C Conditional Use Permit Required - - THE PLAT1NCiM TRIANGLE N Prohibited MIXED USE (PTMU) OVERLAY ZONE GF Ground Floor Commercial PTMU GF Special Provisions Transit Facilities P Utilities-Major C Utilities-Minor P Uses or activities not listed, nor C specifically prohibited (Ord. 5968 § 1; May 10, 200,5.) As determined by the Planning Commission to be compatible with the intended purpose of the PTMU Overlay Zone. Table 20-B P Permitted by Right ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required THE PLATINUM TRIANGLE N Prohibited MIXED USE (PTMU) OVERLAY ZONE GF Ground Floor Commercial PTMU GF Special Provisions Amusement Devices P Subject to Chapter 4.14 (Amusement devices) Animal Keeping P Subject to Section 18.38.030 (Animal keeping) Antennas-Private Transmitting P Subject to Secfion 18.38.040 (Antennas -private transmitting) Antennas-Receiving P Subject to Section 18.38.050 (Antennas -receiving) Cazetaker Units C Subject to Section 18.38.090 (Cazetaker units) Day Care-Large Family C Subject to Section 18.38.140 (Large family day care homes) Day Care-Small Family Fences & Walls Home Occupations Landscaping & Gardens Mechanical Utility and Equipment- Ground Mounted Mechanical Utility and Equipment- RoofMounted Murals Parking Lots & Garages Portable Food Carts Recreation Buildings & Structures Signs Solaz Energy Panels Vending Machines P P This use may occur on a lot with or without a primary use (Ord. 5948 § 3; November 9, 2004) P Subject to Section 18.38.130 (Home occupations) P Subject to Chapter 18.46 (Landscaping and screening) P Subject to Section 18.38.160 (Mechanical and utility equipment- groundmounted) P Subject to Secfion 1838.170 (Mechanical and utility equipment roof mounted) and Section 18.20.150 (Design standards) of this chapter P/C Pemutted when not visible from right-of--way or adjacent properti~ Conditional use where visible from any public right-of--way or adjacent properties. P C P GF P Subject to Chapter 18.44 (Signs) and Section 18.20.160 (Signs) of this chapter P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane P Shall be screened from view from public rights-o£ way and shall n encroach onto sidewalks H:Reports\Cases\GPA2005-00434\.Attachments\?.tt6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone ..-Table 20-C P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required THE PLATINUM TRIANGLE N Prohibited' MIXED USE (PTMU) OVERLAY ZONE GF Ground Floor Commercial PTMU GF Special Provisions Contractor's Office & Storage P Subject to Section 18.38.105 (Contractor's office and storage) Open-Air Festivals P Requires all applicable City permits Special Events P Subject to Section 18.38.240 (Special events) H:Reports\Cases\GPA2005-00434Wttachments\P,tt6-B ZCA Exhibit t Anaheim Zoning Code 1'8.20.040 ??EVELOPMENT DISTRICTS. The Platinum Triangle Mixed Use Overlay Zone .010 1 : rpose. To pemut the maximum amount of development in The Platinum Triangle consis~°~nt with the General Plan and the infrastructure capacity analyzed by EIR No. 330, the PTMU Overlay Zone establishes land use intensities for each of the following Development Districts: Arena District, Gateway District, Gene Autry District, Katella District and Stadium District. The boundaries of the Development Districts aze depicted in The Platinum Triangle Master Land Use Plan which boundaries aze incorporated herein by this reference. .020 Table 20-D (Development Intensities: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) indicates the maximum land use intensities analyzed by EIR No. 330. The Planning Deparhnent will maintain an accounting of the total amount of squaze footage approved within each district. Development shall not exceed the overall total land use intensity for The Platinum Triangle (PTMU) Overlay or the intensity identified for each District. Table 20-D DEVELOPMENT INTENSITIES: THE PLATINf7M TRIANGLE MIXED USE (PTMf~ OVERLAY ZONE Maximum District Maximum DwelLng Maximum Office Commercial Square Units Square Footage Footage Arena 425 100,000 100,000 Gateway* 1,750 530,000 50,000 Gene Autry 1,000 100,000 50,000 Katella 4,250 775,000 544,300 Stadium 1,750 1,760,000 1,300,000 Total 9,175 3,265,000 2,044,300 *The Gateway District encompasses Sub-Areas A and B as depicted in the Platinum Triangle Master Land Use Plan (Ord. 5968 § 2; May 10, 2005.) 18.20.050 STRUCTURAL HEIGHTS. The height requirements for the PTMU Overlay Zone are shown in Table 20-E (Maximum Structural Height: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) and apply in addition to the Structural Height Limitations in Chapter 18.40 (General Development Standazds). Greater heights are permitted in connection with a conditional use permit as set forth in Chapter 18.66 (Conditional Use Permit) provided that plans submitted in connection with a conditional use permit for higher heights within 600 feet north or south of Gene Autry Way shall demonstrate tha- -:news of Angel Stadium of Anaheim from the Anaheim Convention Center and from Gene Aut °; `JJay and the Santa Ana (I-5) Freeway (looking west towazds the Stadium) aze not significantly obstructed. H:Reports\Cases\GPA2005-00434\Attachments\Att6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone Table 20-E MAJfIMUMSTRUCTURAL HEIGHT: THE PLATINUMTRL4NGLE~D USE (PTMI~ OVERLAYZONE Maximum Height in Feet Within 300 feet north or south side of Gene Autry Way Right-of--Way Between 300 and 600 feet north or south of the Gene Autry Way Right-of--Way. Arena and Stadium Districts All other properties 55 75'` Unlimited 100 18.20.060 COVERAGE. .010 Site Coverage. The maximum site coverage for the PTMU Overlay Zone is seventy-five percent (75%). .0101 Coverage is the sum of the azea of all building footprint areas and the area of exposed parking divided by the gross azea of the parcel excluding Market Street nr C'crnncctor Streets and/or any required publicright-of--way. For purpose ofcoverage calculations. parking is not considered exposed when landscape, patios and pool decks are located on the top Furl of a pazking structure. .0102 Accessory Buildings and Structures. All accessory buildings and swctures, shall be included in the maximum site coverage calculation. 18.20.070 PROJECT SIZE. The residential project size requirements are as follows:` .010 The minimum residential project size shall be fifty (50) dwelling units. :020 Residential projects of more than four hundred (400) dwelling units on pazcels of five (5) acres or greater shall consist of more than one (lj building type, as defined in Table 20-F (Building Types: The Platinum Triangle Mixed Use (PTML)) Overlay Zone). .030 Building Site Requirements in Chapter 18.40 (General Development Standazds) shall also apply. H:Reports\Cases\GPA2005-00434\Attachments\Att6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone Table 20-F BUILDING TYPES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Typical Density Range Building Type Unit Type Units/acre DeFmition Tuck-under Townhomes 16-24 Residential buildings in which individual pazking gazages a Flats 1$-30 located under the living unit but still accessed by surface driveways Wrapped Deck Flats 45-80 Residential buildings that surround, or wrap azound, a free- standing (not subterranean) pazking structure Podium Townhomes 16-32 Residential buildings located above a subterranean pazking Flats/Townhomes 36-65 structure Flats 48-100 Mid-rise Tower Flats 65-100 Residential building of a height between 5 and 20 stories 18.20.080 FLOOR AREA. The mizlimum floor azea for dwelling units is shown in Table 20-G (Minimum Floor Area: The Platinum Triangle Mixed Use (PTMC)) Overlay Zone). .010 Calculations. For purposes of this section, a "bedroom" is a private habitable room plaaned or used for sleeping, separated from other rooms by a door or a similar partition. Further, all rooms (other than a living room, family room, dining room, bathroom, hall, lobby, closet, or pantry) having seventy (70) square feet or more of floor azea, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a "bedroom." Table 20-G ~YIINIMUM FLOOR AREA: THE PLATINUM TRIANGLE ttiILYED USE T OVERLAYZONE Minimum Floor Area Studio units: 550 squaze feet, provided, however, that the number of studio units shall not exceed 20% of the total number of units per residential building One-bedroom units: 650 squaze feet Two-bedroom units: 825 squaze feet Three-bedroom units: 1,000 squaze Feet More than a three bedroom 1,000 squaze feet plus 200 squaze feet for each unit: bedroom over three H:Reports\Cases\GPA2005-00434\P,ttachments\P.tt6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone 18.20.090 STRUCTURAL SETBACKS. Every building or structure erected under the provisions of this zone shall be provided with setbacks as follows:. .010 Setbacks Abutting Public Rights-of--Way, Private Streets and Alleys; .0101 Minimum Open Setback. All properties shall have a minimum open setback for the full width of the property as indicated in Table 20-H (Structural Setbacks Abutting Public Rights-of--Way, Private Streets and Alleys) and The Platinum Triangle Master Land Use Plan. .Ol Setbacks abutting Public Rights-of--Way shall be parallel to the centerline of the adjoining public rights-of--way and shall be measured from the ultimate right-of- way as indicated in the Circulation Element of the General Plan. .02 Setbacks abutting private streets or alleys shall be pazallel to the centerline of the adjoining private street or alley and measured from the private access easement. .0102 Required Improvement of Setbacks. Setbacks abutting public rights-of- way, private streets and' alleys shall be landscaped with lawn, trees, shrubs or other plants and/or decorated hard surface expansion of the sidewalk as set forth in Chapter 18.46 (Landscaping and Screening), Table 20-H and The Platinum Triangle Master Land Use Plan. Setback areas shall be permanently maintained in a neat and orderly manner. .0103 Permitted Encroachments. Setbacks abutting public rights-of--way, private streets and alleys may include the following encroachments: .Ol Patios, residential buildings and ground floor commercial uses that encroach into the required street setback no more than the maximum amount allowed per.Table 20-H and The Platinum Triangle Master Land Use Plan. .02 Walkway connections to building entrances, provided that special paving treatment or modular paving materials aze used. .03 Vehiculaz and bike accessways. .04 Transit stops. .OS Outdoor seating and dining areas in conjunction with full-service restaurants, coffee shops, and bakeries, provided that such azeas shall be designed to not adversely affect the safe and efficient circulation of pedestrian and vehiculaz traffic. .06 Public art displays, fountains, ponds, planters, outdoor seating azeas, benches, decorative trash receptacles, planters, public plazas, or other similaz amenities .and attractive street furnishings that create public gathering places. .07 Newsracks that are designed to be .aesthetically harmonious with the chazacter of the azea and not cause obstruction or adversely affect the safe and efficient circulation of pedestrian and vehiculaz traffic. .08 Cornices, eaves, belt courses, sills, buttresses and fireplaces that encroach into the required street setback no more than thirty-six (36) inches. .09 Awnings,_canopies and arcades. H:Reports\Cases\GPA2005-00434\Attachments\Att6-B ZCA Exhibit 1 Anaheim Zoning Cade The Platinum Triangle Mixed Use Overlay Zone .10 Open, unenclosed balconies that encroach into the required street setback no more than three (3) feet. .11 Covered or uncovered entrances that do not extend above the level of the first floor of the building and that include a wall not more than thirty-six (36) inches in height that encroach into the required street setback no more than five (5) feet. - .12 Fences, walls and hedges that comply with Section 18.46.110 (Landscaping and Screening) and subsection 18.20.30.020. .0104 Improvement of Walkways Required. Adjacent to State College. Boulevard, Gene Autry Way and Orangewood Avenue, the portion of the setback adjacent to the right-of--way shall be improved with a walkway as indicated in Table 20-H and as shown in The Platinum Triangle Master Land Use Plan: An easement for said wallcway shall be provided to the City. Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Permitted Street Minimum Setback Encroachments Required Landscape Katella 18 feet Patios: 8 feet • The azea between residential patios and the Avenue Residential buildings: 3 feet* Ground floor commercials 4 feet sidewalk/walkway (see below) shall be fully landscaped' • Adjacent to ground floor commercial uses, up to 8C of the setback azea maybe paved ° A date palm matching the date palm in the public right-of-way in spacing and heightshall be installel feet from the right-of--way as indicated on the Plain .Triangle Master Land Use Plan State = .South of Gene Autry Way : 13 feet Patios: 8 feet • The azea between residential patios and the College =North of Gene Autry Way to railroad sidewalk/walkway (see below) shall be fully Boulevard grade separation: 16 feet Residential landscaped North of railroad grade separation: buildings: 3 feet* .Adjacent to ground floor commercial uses, up to 8( 20 feet of the setback azea may be paved Ground floor d A 2.5' walkway shall be provided adjacent to ROW commercial: 4-8 scored to match adjacent sidewallc and an easemeni feet rovided to the Ci p ty, north of Gene Autry Way to t! railroad grade sepazation Gene Autry 12 feet Patios: 5 feet • The area between residential patios and the Way sidewalk/walkway (see below) shall be fully Residential landscaped buildings: 3 feet* . Adjacent to ground floor commercial uses, up to 8C of the setback azea maybe paved Ground floor. . A 2.S walkway shall be provided adjacent to RO W commercial: 5 feet scored to match adjacent sidewallc and an easement provided to the City * Residential buildings may encroach into the street setback azea for no more than 30% of the length of the street elevation H:Reports\Cases\GPA20p5-00434\Attachmenu\Att6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone Table 20-H (Continued) STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Permitted. ' Street Minimum Setback Encroachments Required Landscape Orangewood West of State College Blvd: 12 feet Patios: 8 feet. • The azea between residential patios and the Avenue sidewalk/walkway (see below) shall be fully East of State College Blvd: IS feet Residential' landscaped bufldings: 3 feet* • Adjacent to ground floor commercial uses, up to 80% of the setback azea maybe paved Ground floor e A 2.5' walkway shall be provided adjacent to ROW, commercial: 8 feet scored to match adjacent sidewalk and an easement provided to the City, east of State College Blvd. Douglass 14 feet Patios: 8 fee[ • The azea between residential patios and the sidewalk Road shall be fully landscaped Residential Adjacent to ground floor commercial uses, up to 80% buildings: 3 feet* of the setback azea maybe paved Ground floor commercial: 3 feet Railroad 10 feet None =Setback azea shall be fully landscaped ROW Mazket 10 feet Ground floor • A maximum 30% of setback azea maybe landscaped Street commercial: 4 feet Connector 10 feet Patios: 7 feet The azea between residential patios and the sidewalk Streets/ shall be fully landscaped Wright Residential ~ Adjacent to ground floor commercial uses, up to 80% Circle/ buildings: 3 feet* of the setback area may be paved Private Ground floor Streets commercial: 3 feet Alleys 14 feet Patios: 2 fee[ • A minimum 4-foot-wide pedestrian walkway shall be provided parallel to the alley. Residential buildings: 2 feet* Ground floor commercial: 2 feet Freeways 25 feef None • Setback azea shall be fully landscaped * Residential buildings may encroach into the street setback area for no more than 30%of the length of the street elevation .020 Setbacks -Other. An open setback shall be provided between buildings and interior lot lines and between buildings located on the same project site. Minimum setback requirements shall be measured perpendiculaz to building walls. .0201 Required Improvement of Setbacks. Required setbacks abutting interior properly lines and setbacks between buildings shall be landscaped with lawn, trees, shrubs or other plants as indicated above and as set forth in Chapter 18.46 (Landscaping and Screening). Setback areas shall be permanently maintained in a neat and orderly manner. H:Reports\Cases\GPA2005-00434Wttachments\Att6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .0202 Setbacks Abutting Interior Property Lines. A minimum five (5) foot wide fully landscaped setback azea shall be provided for structures abutting an interior property line along the entire length of the building. Where a fence or wall is provided along or adjacent to the interior property line, the five (5) foot wide fully landscaped setback shall be,measured from the side of the fence or wall facing the property. .0203 Setbacks Between Buildings. A minimum twenty (20) foot wide setback between pazallel walls of two (2) sepazate buildings shall be provided. At least forty percent (40%) of the setback azea between buildings shall be landscaped. .O1 Pemutted Encroachments. The following encroachments aze permitted, provided a minimum of forty percent (40%) of the setback azea is landscaped: (a) Open, unenclosed balconies and/or private patios for ground floor residential units may encroach no more than five (5) feet. (b) Covered or uncovered entrances that do not extend above the level of the first floor of the building and that include a wall not more than thirty-six (36) inches in height may encroach no more than five (5) feet. .03 Outdoor recreational facilities. .04 Fountains, ponds, sculptures and planters. .OS Fences, walls and hedges that comply with Section 18.46.110 (Landscaping and Screening). .06 Paved walkways, benches and plazas. .07 Vehiculaz accessways. .030 Parking, loading or unloading of privately owned and operated automobiles and other vehicles shall be prohibited in all required setbacks. .040 Required vehicle sight distances shall be maintained. No landscaping or other elements such as signs or fences exceeding twenty four (24) inches in height shall be permitted within the line-of--sight triangle described in Section 18.44.080 (Freestanding and Monument Signs -General) of Chapter 18.44 (Signs) and as shown on Engineering Standazd Plan No. 115 (Pertaining to Commercial Drive Approaches) unless otherwise approved by the City Traffic and Transportation Manager. .050 Modifications. The setbacks prescribed in this section may be modified in connection with a conditional use permit as set forth in Chapter 18.66 (Conditional Use Permit), provided that minimum landscape requirements aze met. 18.20.100. STRUCTURAL LOCATION AND BUILDING ORIENTATION. All buildings shall have the following orientafion to the street: .010 All buildings shall be aligned either pazallel or at right angles to the street rights- of-way.. .020 All buildings adjacent to a public street shall maintain a continuous `street wall' formed by the edge of the building for a minimum of seventy percent (70%) of the loUpazcel frontage adjacent to the street. H:Reports\Cases\GPA2005-00434\Attachments\Att6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .030 Parking lots and structures shall not be located directly adjacent to a public street but shall be placed internal to the block in a location screened from view of the public right-of----- way or subterranean to the building: • .040 Pazking Structures. Parking structures shall be screened from view of the public right-of--way. 18.20.110 PUBLIC PARKS, RECREATYONAL-LEISURE AREAS AND LANDSCAPING .010 Public Pazks. Public pazks shall be provided as follows: .0101 Pazcels eight (8:0) acres or lazger shall provide and construct an on-site public pazk at a minimum size of forty-four (44) squaze feet per unit. :Ol Said park shall be bounded on at least one side by a public street with an-street pazking. :02 This requirement is in addition to the payment of pazk-in-lieu fees; however, the value of the pazkland.dedication will be credited against overall pazk in lieu fees paid for the project: This credit will be given for park land dedication only. No credit will be given for improvements to the pazk or for recreational-leisure areas as required subject to 18.20.110.020 (Recreational-Leisure Areas): .0102.. Pazcels less than eight (8:0) acres in size shall pay spark-in-lieu fee. .020 Recreational-Leisure Areas. Two hundred (200) squaze feet of recreational- leisure azea shall be provided for each dwelling unit and may be provided by private areas, common azeas, or a combination of both: ..0201 Common Recreational-Leisure Areas. All common recreational-leisure azeas shall be conveniently located and readily accessible from all dwelling units located on the building site and shall be integrated with and contiguous to other common areas on the building site. The common recreational-leisure area maybe composed of active or passive facilities and may incorporate any required setback azeas other than setback azeas adjacent to publicrights-of- way, private streets and alleys and interior properly lines, but shall not include or incorporate any driveways or parking azeas, trash pickup or storage azeas or utility azeas. The common recreational-leisure area shall have a minimum dimension of ten {10) feet: .01 Improvement of Common Recreational-Leisure Areas. All' common recreational-leisure areas shall be landscaped with lawn, trees, shrubs or other plants as set forth in Chapter 18.46 (Landscaping and Screening) with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities... (a) Fountains, ponds, waterscape, sculpture, planters, benches and decorative screen-type walls installed incidentally to the primary plants in the landscaping shall be permitted and encouraged. (b) All required common recreational-leisure azeas and other required open space azeas shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. H:Reports\Cases\GPA2005-00434\P.ttachments\Att6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone (c) Courtyazds internal to a project or enclosed on at least three (3) sides shall have a minimum width of forty (40) feet and shall be landscaped with a ratio of hazdscape to planting not exceeding a ratio one (1) squaze foot of landscape to one (1) squaze foot of hazdscape. Pools and spas shall be excluded from this ratio. (d) The base of a building shall be separated from adjacent common recreational-leisure azea by a planter allowing a minimum thirty (30) inches planting width. .0202 Private Recreational-Leisure Areas. In order for private patios and balconies to count towazd the Recreational-Leisure Area requirement, they must comply with the following: .Ol Any private patios for ground floor units shall not be less than one hundred (100) squaze feet in azea, with a minimum dimension of eight (8) feet. .02 Private balconies for dwelling units located entirely above the ground floor shall not be less than seventy (70) square feet in azea, with a minimum dimension of seven (7) feet. Private balconies for dwelling units located in High-Rise Towers as defined in Chapter 18.20, Section 18.20.070,. Table 20, shall be not less than thirty-five (35) square ®--- feet in area, with a minimum dimension of five (5) feet " .030 Landscaping. Landscaping, including fences, walls and hedges, shall be permitted .and/or required subject to the conditions and limitations set forth herein and in Chapter 18:46 (Landscaping and Screening] except that the minimum plant size for a Date Palm, which shall be 30-foot brown trunk height and a Mexican Fan Palm, which shall be 20-foot brown trunk height. 18.20.120 PARHING, LOADING, AND VEHICULAR ACCESS .010 Pazking Demand Study. Due to variations in pazking demand and needs of each project, vehicle pazking requirements and the design of the pazking azeas, including ingress and egress, shall be determined as part of the final site plan review process by the City Traffic and Transportation Manager based upon information contained in a pazking demand study prepazed by an independent traffic engineer, as approved by the City Traffic and Transportation Manager. The pazking demand study shall be prepazed at the property owner/developer's expense and provided at the time of application for the use. .0101 Number of Spaces for Residenrial Uses. The following minimum pazking requirements shall be used in determining pazking need: Table 20-I D'IIDTIMUM PARHING REQUIItEMENTS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Total Number of Bedrooms Mivimum Number of Parking Spaces Per Unit. 1 bedroom L5 spaces 2 bedroom 2.0 spaces 3 bedroom 2.5 spaces 4 bedroom 3.5 spaces H:Repprts\Cases\GPA2005-00434\Attachments\?.tt6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .0102 Number of Spaces for Non-Residential Uses. The number of parking '" " spaces for non-residential uses shall be determined by the type of use (use class) specified in Table 42-A (Non-Residential Parking Requirements) of Chapter 42 (Pazking and Loading). .0102 On-Street Parking. Pazking located on a private or public street directly in front of a use maybe considered for pazking credit as part of the parking demand study. .0103 Tandem Parking. Tandem Parking maybe permitted in conjunction with subterranean parking and tuck-under buildings, where both spaces are assigned to the same designated dwelling unit. :0104 Valet Parking. Valet pazking may be pemutted in conjunction with subterranean parking; provided valet services are provided for and managed by an on-site management company or homeowner's' association. .0105 Drop-off and Pick-up Locations. Drop-off and pick-up locations shall be incorporated into the design of parking areas and the demand for such areas shall be included in the pazking study. .020 Designation of Pazking for Residential and Non-Residential Uses. Pazking spaces specifically designated for non-residential and residential uses shall be mazked by the use of posting, pavement mazkings, and/or physical sepazation. Parking design shall incorporate sepazate entrances and exits, or a designated lane, for residents, so that residents aze not waiting in line behind non-residential drivers. .030 ' Vehicle Access: All vehicle access shall be designed and improved in accordance with the requirements of the City Engineer. .0301 Primary Vehicle Access. Parcels located adjacent to Connector Streets shall have their primary vehicle access off of said streets. .0302 Minimum Distance Between Driveways of Arterials. The minimum distance between adjacent driveways on the same site or adjacent properties located along arterials shall be not less than three hundred and fifty (350) feet except'as otherwise approved by the City Engineer.... .0303 Veliicular Aceess from Katella Avenue. When two or more parcels or lots located adjacent to Katella Avenue are considered as a single, integrated development,`additional driveways maybe pemutted subject to the Standazd Driveway Detail requirements of the Public Works Department.,. .0304 Driveway Width Dimensions. Driveways shall be a m;n;mum oftwenty- four (24) feet wide, and a maximum of thirty-five (35) feet wide, in order to enhance the pedestrian experience. Wider widths maybe allowed if pedestrian circulation is not significantly compromised, subject to the approval of the City's Traffic and Transportation Manager based on sound engineering practices. .040 Streets. As provided in The Platinum Triangle Master Land Use Plan, Connector Streets and a "1Vlazket Street" will be required within the PTMU Overlay Zone. The location of these streets shall be in confonnance with The Platinum Triangle Master Land Use Plan and shall be approved by the City Engineer based on an access and alignment study. Additional H:Reports\Cases\GPA2005-00434\Attachments\?.tt6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone Connector Streets may be required by the City Engineer based on projected traffic volumes as determined by a traffic study.. .0401 The streets shall be designed to comply with the cross sections in The Platinum Triangle Master Land Use Plan provided that the final width, including supplemental turn lanes if required, shall be determined based on anticipated traffic volumes analyzed as part of a project specific traffic impact study to be reviewed and approved by the City Engineer. .0402 Traffic calming and special street design features such as enhanced paving and parkway tapers afintersections aze permitted and encouraged, subject to the approval of the City Engineer. .050 Loading Areas. Off-street loading spaces shall be provided as follows: .0501 Non residential uses off-street loading requirements shall comply with requirements of Section 18.42.100 (Loading Requirements)_ ..0502 Residential uses. .Ol Residential uses shall have one (1)off-street loading space or moving plaza for every one hundred and fifty (150) units. .02 Loading spaces ormoving plazas shall be located near entries and/or elevators. .03 Loading spaces or moving plazas shall be incorporated into the design of vehicular access areas. .04 Decorative paving, removable bollazds and potted plants aze permitted and encouraged to enhance loading spaces or moving plazas. .OS Loading spaces or moving plazas maybe located on a locai or Connector Street with the approval of the City Traffic and Transportation Manager. The adjacent pazkway and setback landscape treatment shall be designed to allow for loading and unloading. 18.20.130 REFUSE STORAGE AND RECYCLING FACILITIES AND PRIVATE STORAGE AREAS A10 Refuse Storage and Recycling Facilifles. Refuse storage azeas and recycling faciliries shall conform to the standazds set forth in the document entitled "Refuse Container Enclosure for Multiple-Family Residential, Commercial, and Industrial Use" (Form 139) on file with the City of Anaheim or as otherwise approved by thebirector of Public Works, with the additional requirement that the refuse storage facilities for residential and non-residential users shall be maintained as sepazate facilities and shall not allow commingling of the separate facilities. The storage areas shall be screened from adjacent public or private rights-of--way, or railroads .020 Private Storage Areas. General storage cabinets with a minunum size of one hundred (100) cubic feet capacity shall be required for each dwelling unit. Provision of said storage azeas shall be in addition to the minimum floor azea of the unit. Storage areas maybe located inside the dwelling unit, adjacent to the dwelling unit's balcony or patio or in close proximity to the dwelling unit. 18.20.140 DESIGN STANDARDS. H:Reports\Cases\GPA2005-00434Wttachments\Att6-B ZCA Exhibit I Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .010 The design of buildings within The Platinum Triangle shall be of the highest quality in massing, design details and amenities. -°-- .020 Amenities. High quality recreational and service amenities to serve the tenants of the residential complexes shall be provided. Such amenities may include, but aze not limited to, private health clubs or fitness centers, meeting rooms, recreational rooms, pools, spas, dry cleaning collection and distribution, computer facilities, barbecues, decks, court game facilities, and community fireplaces. ,030 Integrated Design. The design of buildings, signs, landscaping and other structures or elements shall feature a unified and integrated theme. .040 Architectural Massing. .0401 Regazdless of style, a building shall not have a continuous roof or pazapet line exceeding one hundred twenty (120) feet in length without vertical breaks that cause a change in height of at least six (6) feet. .0402 When a building exceeds two hundred forty (240) feet in length, building height shall step. down in at least one location at least one (1) floor for a minimum length. of twenty-four (24) feet. .0403. The wall plane of a building fapade shall not extend longer than eighty (80) feet without a break in the plane no less than three (3) feet in depth. .050 Facades. .0501 Streetwall facades shall be azchitecturally enhanced through the use of arcades; colonnades, recessed entrances, window details, bays, vaziation in building materials, and other details such as comces and contrasting colors. Total blank wall areas (without windows or entrances) are prohibited. In addition to architectural massing requirements, building facades shall be articulated through the use of sepazated wall surfaces, contrasting colors. and materials, variations in building setbacks, and attractive window fenestrations. .0502 Street wall facades shall be integrated with public plazas, mini parks, outdoor dining, and other pedestrian-oriented amenities. .0503. Buildings at comers of any street intersection not identified as requiring landmark azchitecture in The Platinum Triangle Master Land Use Plan, shall receive special treatment to enhance the pedestrian experience and create visual interest and focal points at the entryways such as but not limited to, building cut-offs and corner entrances with additional azchitectural detail, .0504 Tops of building facades shall be visually terminated through the use of cornices, stepped pazapets, hip and mansazd roofs, stepped terraces, domes and other forms of multifaceted building tops. .060 Architectural Detail: .0601 Buildings on comers must address both streets with an equal level of azchitectural detail. H:Reports\Cases\GPAZ005-00434\Attachments\P,tt6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .0602 Projecting features to create visual interest and distinction between units, such as balconies, porches, bays, and dormer windows, aze required. Trim detail on rooflines, porches, windows and doors on street-facing elevations aze required. .0603 When trim is used, a nunimum of one-inch by four-inch (1" x 4") trim is required. .0604 With stucco walls, a minimum one-inch (1") deep raised relief azound the window is required. .0605 With brick, a minimum two-inch (2") wide bnckmold is required azound windows. .0606 Comer boazds (the boazd which siding is fitted at the comer of a frame structure) aze required with wood or simulated wood sidings. .0607 Dormers must be authentic and either be habitable or provide attic ventilafion and have a symmetrical gable, hip, shed or curved form. .0608 Windows shall have cleaz glazing, (panes or sheets of glass) or lightly tinted glazing e.g., low emissivity, solaz, or spandrel glazing (opaque glass for concealing structural elements). Other types of rnirror glazing (including tinted or opaque glass) are not permitted. .0609 Windows shall be recessed (not flush with the wall plane) to create shadow lines and to impart athree-dimensional design feature. .0610 All first floor exterior doors shall be hinged. Sliding glass doors aze permitted only above the first floor and on rear or interior side yazd elevations not visible from publicrights-of--way or adjacent properties. .0611 Primary wall materials used on the front fagade must be repeated on the rear and side elevafions. .0612 The lower thirty percent (30 %) portion of balcony rails shall be finished with a permanent, solid, building material that matches or is otherwise compatible with the building. .0612 Balconies shall provide penetrations in the building mass at least three (3) feet and create shadow and expose extended wall thickness. ` ..070 Roof Treattnents. .0701 Roofs shall be of a monochromic color and all penetrations and appurtenances shall be painted to match or be compatible with the roof color so that their visibility is minimized. .0702 Rooftop mechanical equipment shall be mounted behind major rooftop elements such as stair or elevator penthouses, pazapets, or azchitectural projections so that the equipment is not visible from the adjacent publicrights-of--way or adjacent property at grade level. .080 Pazking Treatments. H:Reports\Cases\GPA2005-00434\Attachments\Att6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .0801 Parking structures shall be screened from view and shall include architectural detailing, fagade treatment, artwork, landscaping, or similar visual features to -- -- enhancethe street fagade.. .0802 The portions of any parking structure facing the street, excludingwehiculaz access areas, shall be "lined" with residential, live/work or other usable space to clad the face of the structure so that it is not visible from the adjacent street. .0803 Subterranean pazking structures can extend above grade up to two feet six inches (2'6") without requiring cladding treatment as required .above. .0804 Pazking structures shall include asqueal-free floor treatment: .090. Service Areas. Service areas .and mechanical/electricaU backflow prevention equipment shall be located and screened to reduce their visibility from public and communal gathering azeas; methods of screening that are compatible with the project's azchitecture shall be utilized. .100 Landmazk Architecture. Building azchitecture on key intersection corncn as shown on The Platinum Triangle Master Land Use Plan requires special treatment. This treatment shall consist of the following: .1001 Tower element that demonstrates distinctive azchitectural features on the fagade by providing both greater height and off-set from the building wall plane. .1002 Enhanced pedestrian entry on the comer defined as including at least three (3) of the following chazacterisfics: .Ol .02 .03 .04 entry.. .OS at least one block away ar .06 Oriented on a diagonal to the comer. Setback. at least three (3) feet behind the building fagade. Two (2) story entrance height and twenty (20) foot entrance width. Canopy, overhang or other architectural covering over the building Other azchitectural element of a size and scale easily visible from d customized for that specific corner location. Decorative landscaping, hazdscape, planters and/or fountains.. .110 Building Treatment Adjacent to Streets. Consistent with the goal of creating walkable and safe neighborhoods, the ground floor of a building and the space between the building and street requires "pedestrian friendly" design treatments. ..1101 Commercial Ground Floor Treatment. When the ground floor is intended for retail or other commercial use in a vertically mixed use building, the ground floor elevation exposed to the street shall provide: .Ol Primary pedestrian access directly from the adjacent public street frontage. .02 A maximum eighteen (18) inch deep azea, measured out from the face of the building, within which a commercial tenant may customize store front design. H:Reports\Cases\GPA2005-00434\?,ttachments\Att6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .03 A pedestrian signage azea at least twenty-four (24) inches in height integrated into the front ground floor elevation of the building. .04 An average of fourteen (14) foot floor to ceiling height on the retail ground floor. .OS Projecting signs.. ', .06 .Approximately twice the amount of window area on the ground floor compared to other floors. .07 At least one (1) of the following devices shall be used to visually differentiate the retail from other levels: (a) Minimum two (2) foot setback between the ground and upper floors, up to six (6) feet setback is allowed; (b) Use of overhangs, awnings or trellis work for at least sixty percent (60%) of the frontage. .1102 Arterial Streets -Residential Ground Floor. When residential ground floor use is adjacent to an arterial street, the ground floor shall be designed to provide the following: .Ol Atleast one (1) residential entry into a communal lobby or courtyazd per block. .OZ Dwelling unit patios shall be located at least eighteen (18) inches above the sidewalk grade. .1103 Connector Streets -Residential Ground Floor. When residential ground floor use is adjacent to a Connector Street, regardless of the number of floors, the ground floor shall be designed to provide the following: .Ol Communal or individual dwelling unit entries accessible from the adjacent street and/or individual dwelling unit walkway connections to the adjacent street sidewalk. .02 Residential entry stoops, patios or communal entries shall be at least eighteen (18) inches above the sidewalk grade for a minimum of fifty percent (SO%) of the entries along connector streets. .120 Pedestrian Circulation. On-site pedestrian circulafion shall be continuous and connect various on site uses and, where feasible, connect to off-site transit stops. 18.20.150 SIGNS. .010 Coordinated Program. A coordinated sign program is required and shall address the following: .0101 Signs shall complement the architecture of the building and provide a unifying element along the streetscape. .0102 The size, scale, and style of signs shall be internally consistent and consistent with the scale of the buildings which they aze a part. H:Reporfs\Cases\GPA2005-00434\Attachments\Att6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .0103 Wall signs shall be placed between the ground floor doorways and the upper facades and shall be located at approximately the same height to create aunifying, -- . horizontal pattern. .020 Applicability of other Regulations. The provisions in Chapter 18.44 (Signs), shall apply to projects within the PTMU Overlay Zone except as provided below: .0201 Awning signs and projecting signs are permitted for buildings with ground floor commercial uses: .0202 Thematic elements or three-dimensional object or non-habitable structure such as a gateway, tower, sculpture, spire and similaz azchitectural features to entertain pedestrians aze permitted. 18.20.160 COMPATIBLTTY STANDARDS. The following standards are intended to ensure the compatibility of uses in a mixed-use project .010 Security. Residential units shall be designed to ensure the security of residents through the provision of secured entrances and exits that aze separate from the non-residential uses and are drrectly accessible to pazking aeeas. Non-residential .and residential uses shall not have common entrance hallways or common balconies. These sepazations shall be shown on the development plan and the sepazations shall be permanently maintained. .020 Restriction on Activities. Commercial uses shall be designed and operated, and hours of operation limited, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. No use shall produce continual loading or unloading of heavy trucks at the site between the hours of 8 p.m. and 6 a.m. .040 Vibrations and Odors. No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site'or within the interior of residential units on the site. .050 Lighting. Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink; flash, or oscillate. :050 Windows. Residential windows shall not drrectly face loading areas and docks. To the extent windows of residential units face each other, the windows shall be offset to maximize privacy. 18.20.165 GATEWAY DISTRICT SUB-AREA B STANDARDS Multiple-Family development in the Gateway District Sub-Area B shall be subject to the approval of Conditional Use Permit No. 2003-04763, as maybe amended from time to time, as set forth in Table 20-A (Primary Uses: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) and shall comply with all of the provisions of Chapter 18.20 (The Platinum Triangle Mixed Use (PTM[)) Overlay Zone) except as set forth in Section 1.20.170 (Implementation) of as set forth below: H:Reports\CaseslGPA20p5-00434\AttaclunentsWtt6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .010 The required setbacks prescribed in Section 18.20.090 (Structural Setbacks) shall be applicable except. as set forth below: .Ol No minimum setback azea is required adjacent to the interior southerly property line abutting the city boundary adjacent to the City of Orange. .02 Where an on-site driveway is provided between two (2) buildings, no minimum landscaped azea is required; however, building walls shall be planted with clinging vines. .020 The required public pazk provision and construction requirements prescribed in subsection 18.20.110.010 (Public Pazks) shall not be applicable to development in Sub-Area B; however, payment of park-in-lieu fees is required. .030 The standazds prescribed in subsection 18.20.140.040 (Architectural Massing), paragraph .0403, shall not be applicable. .040 The standazds prescribed in subsection 18.20.140.060 (Architcctural Detail), pazagraph .0610, shall not be applicable. .050 The standazds prescribed in pazagraph 18.20.140.110.1102 (Ancnal Streets -Residential Ground Floor) shall not be applicable. (Ord. 5968 § 3; May 10, _'005.) 18.20.170 IMPLEMENTATION. An approved Final Site Plan and a Development Agreement between the propert}~ owner and the City of Anaheim aze required for all development under the PTMU Overlay Zone in tihe Katella, Gene Autry and Gateway Districts except as exempt under subsection 18.20.170.020.0201 (Development Agreement Exemptions). Development within the Stadium and Arena Districts shall be subject to the requirements of the underlying PR (Public Recreation) or T (Transitional) Zones. .010 ' Final Site Plan Review. A Final Site Plan Application for development in the Katella, Gene Autry and Gateway Districts shall be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone. and The Platinum Triangle Master Land Use Plan. Said application shall include, but not be limited to, Site Plans, Floor Plans, Elevations, Landscape Plans, Sign Plans and any other such information as determined by the Planning Director. The approved Final Site Plan shall be attached as an exhibit to the Development Agreement as required pursuant to subsection18.20.170.020 (Development Agreement) and submitted to Planning Commission and City Council for review at a noticed Public Hearing. .0101 Variances. A Final Site Flan which includes a request for a Variance shall have an application for said Variance processed concurrently with the Development Agreement. .0102 Conditional Use Pemut. A Final Site Plan which includes a request for a Conditional Use Permit shall have an application for said Conditional Use Permit processed concurrently with the Development Agreement. H:Reports\Cases\GPA2005-00434\Attachments\Pa6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .020 Development Agreement. A Development Agreement shall be processed for all development under the PTMU Overlay in the Katella, Gene Autry and Gateway Districts, except- as otherwise exempt under subsection 18.20.170.020; pazagraphs .0201 (Development Agreement Exemptions) and .0202, per Resolution No. 82R-565 (Procedures Resolution) adopted by the City pursuant to Section 65865 of the Development Agreement Statute. The form of the Development Agreement shall be as approved per City Council Resolution No. 2004-179 on file in the Office of the City Clerk. A Final Site Plan found to be in accordance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan shall be attached as an exhibit to said Development Agreement. .0201 Development Agreement Exemptions -Following construction and commencement of operation of a project that has been implemented pursuant to an approved Development Agreement, the following projects or improvements do not require a Development Agreement; however, plans for said projects or improvements shall be submitted to the Planning Department for review and approval for consistency with all applicable provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan prior to the issuance of building, landscape or sign pemuts. .Ol Interior building alterations, modifications or improvements which do not result in an increase in the gross square footage of the building. .02 Minor building additions or improvements interior to or at the reaz of a building or development complex which aze not visible from the public right-of--way; do not exceed five percent (5%) of the building's gross squaze footage or one thousand (1,000) -squaze feet, whichever is lesser; aze in substantial conformance with the building envelope; and aze in conformance with the Design Plan and the Zoning and Development Standazds set forth in this chapter. .03 Exterior fapade improvements which do not add to the gross squaze footage of a building or development complex, aze not visible from the publicright-of--way, and .aze in substantial conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .04 Signage, including wall signs and on-site directional/informational signs and which signs aze in conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .OS Landscape/hazdscape improvements or modifications which aze not in connection with building modifications and aze in conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .06 Conditionally permitted uses that will not increase the square footage or pazking demand of the existing development as determined by the Planning Director and City Engineer. .0202 Multiple-Family development in the Gateway District Sub-Area B, as authorized by approved Conditional Use Permit No. 2003-04763, shall be exempt from the requirement for the property owner to enter into a Development Agreement with the City of Anaheim. H:Reports\Cases\GPA2005-00434\Attachments\P,tt6-B ZCA Exhibit 1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone :030 Environmental Review. Development Agreement Review by the Planning Commission shall include an environmental determination for the proposed _:roject as.depicted in the Final Site Plan. (Ord. 5968 § 4; May 10, 2005.) H:Reports\Cases\GPA2005-00434Wttachments\Att6-B ZCA Exhibit 1 ATTACHMENT NO. 6, EXHIBIT NO.2 18.92.060 "C" WORDS, TERMS AND PHRASES. Insert the following new definition: "Condominium Hotel." A building or group of buildings containing residential condominium units which are owned by individual investors and maybe made available for rental as hotel guest rooms or suites as required and enforced by a rental pool agreement and/or the covenants, conditions and restrictions of the condominium development". ATTACHMENT NO. 7 CUP2005-04999 Conditional Use Permit Resolution and Height Map RESOLUTION NO. PC2005- A RESOLUTION pF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-04999 BE GRANTED (1200-1558, 1700 and 1800 East Katella Avenue, 1301-1395 and 1551 Gene Autry Way; 1870, 1871, 1880, 1881, 1890, 1891, 1900 and 1901 South Chris Lane, 1833 and 1841 South State College Boulevard, 1800 ahd 1801 East Talbot Way.) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit No. 2005-04999 in connection with General Plan Amendment No. 2005-00434, Zoning Code Amendment No. 2005-00042, Miscellaneous Case Nos. 2005-00111 and 2005-00116, Reclassification No. 2005-00164 and Development Agreement No. 2005-00008, (hereinafter collectively referred to as the "Discretionary Actions"); and WHEREAS, the subject properties encompassed by the Discretionary Actions comprise approximately 41.4 acres of certain peal property situated in the City of Anaheim, County of Orange, State pf California and generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of Betmot Lane and further identified as Site Y (Site 1 encompasses approximately 31 acres located at 1200-1558, 1700 and 1800 East Katella Avenue, 1301-1395 and 1551 Gene Autry Way, 1870, 1871, 1880; 1881, 1890, 1891, 1900 and 1901 South Chris Lane, 1833 and 1841 South State College Boulevard, 1800 and 1801 East Talbot Way) and Site 2 (Site 2 encompasses approximately 10.4 acres located at 1871, 1881, 1891, 1901, 1870 1880, 1890, 1900, 1901 .and 1910 South Betmor Lane and 1100 East Katella Avenue); and WHEREAS, Conditional Use Permit No. 2005-04999 to permitresidential tower structures up to 400 feet in height pertains to Site 1 as shown on Exhibit 1 attached hereto to this Resolution and which is incorporated herein by this reference as if set forth in full; and' WHEREAS, on August 17, 2004, the City Council of the City of Anaheim .adopted The Platinum Triangle Master Land Use Plan by Resolution No.2004-178 and The Platinum Triangle Standardized Development Agreement by Resolution No. 2004-179 and on August 24, 2004', the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, the PTMU Overlay Zone permits building heights up to 100 feet in height for all .Districts in the Overlay Zone, provided that within 300 feet north or south of Gene Autry Way, the maximum height is 55 feet and within 300 and 600 feet north or south of Gene Autry Way, the maximum height is 75 feet, and further provided that greater heights may be requested subject to a Conditional Use Permit; and WHEREAS, on August 22; 2005, the Planning Commission recommended that City Council adopt Zoning Code Amendment No: 2004-00036 amending the height limitations to allow building heights to be up to 100 feet within 600 feet north or south of Gene Autry Way and to allow greater heights in said area` subject to a Conditional Use Permit without the requirement to demonstrate that views of Angel Stadium of Anaheim from the Anaheim Convention Center and from Gene Autry Way and the Santa Ana (I-5) freeway would not be significantly obstructed (scheduled for City Council consideration on September 27, 2005); and WHEREAS, the Planning Commission did hold a public hewing at the Civic Center in the City of Anaheim bn September 7, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission; after due inspection, ihvestigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: Cr\PC2005- -1- PC2005- 1. That the proposed building heights of up to 400 feet on Site 1 as identified in the staff report dated September 7, 2005 for six (6) of the fifteen (15) Development Areas are properly ones for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.20.050. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area because the residential towers with building heights of up to 400 feet would be part of a new comprehensively planned community with careful consideration given to building mass and potential shade and shadow impacts; and the additional height would achieve a project that is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan (PTMLUP). 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use. in a manner not detrimental to the particular area or to health and safety. The Master Site Plan encompasses approximately 41 acres with careful consideration of building placement and distribution of residential density throughout the site.. 4. The proposed maximum heights have been analyzed in The Platinum Triangle Final Subsequent EIR No. 332 and found. to have no adverse impact on either adjoining land uses or the growth and development of the area with the imposition of a mitigation measure from the Updated and Modified Mitigation Monitoring Program No. 106A requiring ashade/shadow study to mitigate impacts to shadow sensitive receptors (i.e., residential, recreational, outdoor restaurants and pedestrian areas); and, further that said measure has been made a part of Mitigation Monitoring Plan No. 138 for the subject Discretionary Actions. 5. The Platinum Triangle Master Land Use Plan provides for a dynamic mix of land uses and upscale, high-density urban housing at densities of up to 100 dwelling unitslacre: 6. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 7. The incorporation of towers into the design of the master planned community does not result in an increase in density beyond which is currently permitted by the Generalplan., 8. That ""' indicated their presence at said public hearing in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Conditional Use Permit Nq. 2005-04999 in conjunction with General Plan Amendment No. 2005-00434, Reclassification No. 2005-00164, Miscellaneous Case Nos. 2005-00111, and 2005-00116, Zoning Code Amendment No. 2005-00042, and Development Agreement No. 2005-00008 (collectively, the "Project Discretionary Actions") and, by its motion, based upon its independent review of all evidence received at the public hearing, including an Initial Study conducted pursuant to CEQA for the Project Discretionary Actions (the "Jnitial Study') and an Addendum to FSEIR No. 332 (the "Addendum") prepared for the Project Discretionary Actions did find; and further recommend that the City Council, as lead agency for the Project, unless additional or contrary information is received during the City Council's public hearing on the Project and pending City Council's certification of FSEIR No. 332 along with adoption of a Statement of Findings .and Fact, a Statement of Overriding Consideration and the Updated and Modified Mitigation Monitoring Program No. 106A, (scheduled for City Council consideration on September 27, 2005), determine and find, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon the City Council's independent review of the Initial Study and Addendum and the evidence received at the public hearing, that the certified FSEIR No. 332, together with its Addendum and Mitigation Monitoring Plan No. 138, are adequate to serve as the required environmental documentation for the Project Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby -2- PC2005- found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: t ' ` That prior to the approval of each Final Site Plah In Development Areas B, D, E, F, N and M, plans shall indicate compliance with the maximum building heights identified ih the attached Exhibit 2 Height Map dated August 8, 2005 which is attached hereto to this Resolution and which is incorporated herein by this reference as if set forth in full Plans submitted fdr building permits shall be prepared ih compliance with the approved Final Site Plan. 2. That the property owner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Plan No. 138 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 3. That this Conditional Use Permit No. 2005-04999 is granted expresslydonditioned upoh certification bf FSEIR No. 332.and approval of the Addendum, and associated Updated and Modified Mitigation Monitoring Program Nd. 106A, and Mitigation Monitoring Plan No. 138, and adoption of Zoning Code Amendment No. 2004-00036 amending the heighflimitations to allow building heights to be up to 100 feet within 600 feet north or south of Gene Autry Way and to allow greater heights in said area subject to a Conditional Use Permit without the requirement to demonstrate that views of Angef Stadium of Anaheim from the Anaheim Convention Center and from Gene Autry Way and the Santa Ana (I-51 freeway would not be significantly obstructed. 4. That this Cdnditiohat Use Permit, shall be valid for a period of time coinciding with the timing set forth m Development Agreement No. 2005-00008, which provides for the A-Town project to be developed m up to four (4) development phases commencing from the adoption date of Development Agreement No 2005-00008 and extending no further than the twentieth (20) anniversary of the Development Agreement Date provided that milestones are completed as shown in Exhibit H (Term Extension Milestones) of Development Agreement No. 2005-00008. 5. That prior to the issuance of the first building permit for each Final Site Plan in Development Areas B, D, E, F, N and M, the property owner/developer shall submit utility plans to the Public Utilities Department for review and approval. If said plans propose to include "'non-traditional" utility equipment, as determined by the Public Utilities Department, said equipment shall be subject to theYeview and approval of the Public Utilities Department. 6. Prior to the approval of each Final Site Plan for high-rise towers over 100 feet in height as allowed pursuant to Conditional Use Permit No. 2005-04999, plans shall show that retail/townhome uses at a height of two to three stories shall be constructed at the base of each tower structure to screen the parking podium and provide apedestrian-friendly street edge and scale and, further, that the - subterranean parking podiums shall contain spaces for residential and retail uses and utility equipment rooms. 7. That prior to the issuance of the first building permit for each Final Site Plan including "non-traditiohal" utility equipment approved pursuant to Condition No. 5, the property owner/developer shall enter into an Agreement with the City of Anaheim providing for the property owner, or another financial mechanism acceptable to the City, to provide ongoing maintenance of said "non-traditional" equipment and for said equipment to be accessible to the Public Utilities Department ongoing during project operation. Said Agreement shall be in a form approved by the City Attorney's Office and prepared to the satisfaction of the Public Utilities Department::: B. That this Conditional Use Permit is granted subject to adoption of General Plan Amendment No. 2005- 00434, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2005- 00111)and Development Agreement No. 2005-00008. 9. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein. 10. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal -3- PC2005- regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanf5compliance with each and all of the conditions hereinabove set forth. Should any such condition, dr any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the property owneddeveloper is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7, 2005. Said resolution is subject td the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY GAIL EASTMANf CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 7, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2005. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005- EXHIBIT 1 TO CONDITIONAL USE PERMIT N0.2005-04999 LEGAL DESCRIPTION FOR SITE 1 Parcel 1 in the City of Anaheim, Couuty of Orange, State of Califoinia as shown on a map filed'in Book Sl, Yage 32 of Parcel Maps, together with a portion of Parcel 1 in Block "B", and Parcels l through 9, inclusive, of Block "C", as shown on a map filed in Book 1(1'1, Page 12 of Parcel Maps, all in the Office of the County Recorder of said county, together with Parcels 3 and 4, as shownon a. map filed in Book 45, Page 13 of said Yarcel Maps, together with Parcels 1 through 4, inclusive, as shown nn a map filed in Book 47, Page 28 of said Parcel Maps, in the office of said County Recorder, described as follows: Beginning at the southeast corner of Yarcel 1 of said Yarcel Map filed in Book 47, Page 28; thence westerly along the southerly boundary of said Parcel Map North 89°04'31" Wes[ 601.91 feet to the easterly boundary of said Parcel Map Ciled in Book 104, Page 12; thence southerly along said easterly boundary South 0°11'09" West 406.19 feet to the southeast corner of Parcel 9 of said Block "C"; thcncc westerly along [he southerly line of said Parcel 9 North 89°09'30" West 217.47 feet to the easterly right of way of a 64.00 foot wide street shown on said Parcel Map as Chris lane; thcncc perpendicular from said right of way North 89°06'22" Wesl 32.00 feet to the centerline of said Chris Lancs. thcncc southerly along said centerline South 0°53'38" West 207.63 fee[ to the easterly prolongation of the northerly right of way of a 45.00 foot wide street shown on said Yarcel Map as Pacihco Avenue, currently known as Gene Autry Lane; thence westerly along said prolongation and right of way North 89°0753" West 395.35 feet and North 89°05'58" West 88.59 Ceet to the right of way to the State of California as described in the deed recorded October 5, 1998 as instrument No. 19980672731 of Official Records of said county; thence along said right of way the following courses: North 0°54'02" East 8.00 feet, North 26°10'26" West 29.42 feet, North 89'25'56" West 2.44 Ceet, North 0°51'42" bast 1.3.12 feet, North 89°13'18" West 53.87 feet; thence leaving said right of way northerly along the boundary of said Block "A" the following courses: North 0°53'38" Eazt 504.57 feet to a tangent curve concave southeasterly having a radius of 776:00 feet, northeasterly 144.86 feel along said curve through a central angle of 47°09'25", non-tangent from said curve North 48°03'05" Eas[ 3.40 feet to a tangent curve concave northwesterly having a radius of 124:00 feet and northeastet'ly 3251 feet along said curve through a central angle of 15°01'17" to the southerly boundary of Parcel 1 of said Parcel Map filed in Book 81, Page 32; thence along the boundary of said Parcel 1 the following courses: non-tangent Gom said curve North 89'0746" West 299:23 feet, Korth 0°34'01" West 507.12 feet to the southerly right of way of a 120.00 foot wide street shown as Ka[ella Avenue on said Parcel Map; thence along said right of way South 89°0746" East 1319.53 feet [o [he northwesterly comer of Parcel 2 of said Parcel Map filed in IIook 45, page 13; thence southerly along the westerly boundary of said Parcel 2 South 0°44'33" Wesl 150.01 fee[: thence continuing along the boundary of said Parcel 2 and the boundary of Parcel 1 of said Parcel Map South 89°0746" East 310.06 feet to die right of way of a street having a 53.00 foot westerly halt width shown t~s State College Boulevard on said Parcel Map; thence along said right of way South 9°44'33" West 451.80 feet to the. Point of Beginning, Containing an area of 30.816 acres more or less n _ _ _ _.___--OWA3lfi0&3]3T0931tl15 '~~_ i ' I 6s i ~ ~ ~ °~ o ~ ,~' _ ,_ ~;~ s ~~ - '1'~ , i~ ~- ;_ -. ~~ ~ ~. ~ °' ° ~ 2 ``\ { - I '~ 1 ~.~i I I ~ ~ o~w' ~~ ~ $`w p ~ __ _. _ _.~ ~~ w~ ~~ I ~~¢ ~ 5e o ~ ' i , _ `'S~ _ f ~~ ' 91115 \-~.®~i ~ .. d-~ I .. ~ i _~ -t- ~ .~ - ~~ it ~ li ~ ~ ~ i *~ ggyy gg~ a J~/~~ I o r .., ~ @p ~ . ~~' IEE FiA ~ / ~~ L _ _ ~~.m ._2~'-~_ ~I 'I~ ~~ ~~ 1= y ~ ~~ ~~,` ~~ I~a~ <,~~1- ~. .~ `, ~ ~ ~'~ ~ ~ ~ ~ ~ ,~. da ~ ~~ I ~ I ~ ~~' ~ ~ ~ ~~ j - i ~, ~ o I ~ $ ~ i i ~ 1 ~ ~ _ _ ~--_ _--~_ -~~, o~a r' ~ 1,~-- ~~ . _--~ o ~ l; ° ~ v i~F~i ~-1 ~c II~'^~U ~i~i~~ E C y U a 'a t i J 3 Hs P~~ M-Iu ATTACHMENT NO. 8 DAG2005-00008 ®evelopment Agreement and Resolution RESOLUTION NO. PC2005-"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO: 2005-00008 BY AND BETWEEN THE CITY OF` ANAHEIM AND LENNAR PLATINUM TRIANGLE LLC AND SELLERS, AND MAKING CERTAIN FINDINGS RELATED THERETO (Site 1: 1200-1558, 1700 and 1800 East Katella Avenue, 1301-1395 and 1551 Gene Autry Way, 1870, 1871, 1880, 1881, 1890, 1891, 1900 and 1901 South Chris Lane, 1833 and 1841' South State College Boulevard, 1800 and 1801 East Talbot Way. Site 2: 1871, 1881, 1891, 1870 1880, 1890, 1900, 1901 and 1910 Betmor Lane and 1100 East Katella Avenue)'-`- WHEREAS; Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in said Statute; and WHEREAS; upon request of an applicant, cities are required to establish procedures and requirements by resolution or ordinance for the considerationbf development agreements, and WHEREAS, the City of Anaheim (hereinafter the'"City") heretofore on November 23, 1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute; the City heretofore on November 23, 1982; adopted Resolution No. 82R-565 (hereinafter the "Procedures'Resolution") establishing procedures and requirements for the consideration of development agreements upon receipt of an application by the City; and WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General Plan Amendment"), and certified Final Environmentallmpact Report No. 330, adopting'Findings of Fact and a Statement of Overriding Considerations; and associated Mitigation Monitoring Plans ("FEIR No. 330"); in conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's zoning code, and a series of related actions; and WHEREAS, the General Plan Amendment sets forth a vision for development of Mixed-Use, Office-High, Office-Low, Industrial and Institutional land uses within an approximately 82p-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north ("hereinafter referred to as The Platinum Triangle"); and ' WHEREAS, in order to carryout the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177, approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for Thee Platinum Triangle; and WHEREAS, to further implement the goals and policies bf the General Plan for The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on August 24; 2004, the City Council adopted Ordinance Nb. 5378 amending Title 18 of the Anaheim Municipal Code to establish zoning and development standards for the Platinum Triangle Mixed-Use (PTMU) Overlay Zone (the "PTMU Overlay Zone") and Ordinance No. 5936, amending the zoning map to reclassify approximately three hundred and seventy-five acres within The Platinum Triangleinto the PTMU Overlay Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality well-designed development projects that could be stand-alone projects or that combine residential with non- Cr\PC2005- ' -1- PC2005- residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area; and WHEREAS, the PTMU Overlay Zone requires an approved Final Site.Plan and a Development Agreement between the property owner and the City of Anaheim to mplement,all development in the Katella, Gene Autry, and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt under the Code; and WHEREAS, on August 17, 2004., the City Council adopted Resolution No. 2004-179, approving the fprm of the Standard Development Agreement for The Platinum Triangle PTMU Overlay Zone; and WHEREAS, in connection with adoption of The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone, and the form of the Standard Development Agreement for The Platinum Triangle, the City Council by resolution, as lead agency for the proposed actions, determined that FEIR No. 330 and the associated Updated and Modified Mitigation Monitoring Program tJo. 106 for The Platinum Triangle, were in compliance with CEQA and the state and City CEQA guidelines and were adequate to serve as the required environmental documentation for said actions based upon findings set forth in said motion; and WHEREAS, on August 22, 2005, the Planning Commission recommended that the City Council certify Final SEIR No. 332 including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations and Updated and Modified Mitigation Monitoring Program No. 106A, and approve a modification to the Standard Development Agreement (MIS2005-00114) to reflect mitigation measure requirements set forth in the Updated and Modified Mitigation Monitoring Program No. 106A and editorial refinements and updated fees; and, WHEREAS, on August 22, 2005, the Planning Commission recommended that the City Council approve Amendment to the Platinum Triangle Master Land Use Plan (MIS2004-00089) and Zoning Code Amendment (ZCA2004-00036) to provide for a Master Site Plan and related Development Agreement process for properties over 12 acres in size in order to encourage consolidation of parcels and provide for comprehensive site planning and to add 210,100 square feet of commercial intensity of which 190,100: square feet would be designated for ground floor commercial uses on Market Street and Gene Autry Way; and WHEREAS, on June 7, 2005, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Lennar Platinum Triangle LLC And Sellers ("Owner'), submitted an application to the Planning Department for approval of Development Agreement No. 2005-00008 (the "Application"), which included a proposed development agreement (hereinafter referred to as the "Development Agreement") prepared in conformance with the Standard Development Agreement for The Platinum Triangle, as proposed for amendment pursuant to MIS2005-00114, to vest certain project entitlements and address the implementation of the A-Town Project; and WHEREAS, the Development Agreement pertains to 41.4 acres of real property in the City of Anaheim, commonly known as Site 1: 1200-1558, 1700 and 1800 East Katella Avenue, 1301-1395 and 1551 Gene Autry Way, 1870, 1871, 1880, 1881, 1890, 1891, 1900 and 1901 South Chris Lane, 1833 and 1841 South State College Boulevard, 1800 and 1801 East Talbot Way; and Site 2: 1871, 1881, 1891, 1870 1880, 1890, 1900, 1901 and 1910 Betmor Lane and 1100 East Katella Avenue (the "Property'), which is located in The Platinum Triangle and more particularly shown and described on Exhibit "A", which is attached hereto and incorporated herein. by this reference; and WHEREAS, Owner desires to develop the Property in accordance with the provisions of the Development Agreement by developing a residential community with a mix of housing types, including up high rise residential towers, street townhomes, podium townhomes, and lofts and street-related commercial development, as more particularly set forth in Development Agreement No. 2005-00008, General Plan Amendment No. 2005-00434, Reclassification No.2005-00164, Miscellaneous Case Nos. 2005-00111 and 2005-00116, Zoning Code Amendment No. 2005-00042 and Conditional Use Permit No. 2005-04999, (hereinafter collectively referred to as the "Project"); and -2- PC2005- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the. City of Anaheim on September 7, 2005, at 2:30 p.m., notice of said public hearing having been duly givemas required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Development Agreement No. 2005-00008, General Plan Amendment No. 2005-00434, Reclassification No. 2005-00164, Miscellaneous Case Nos. 2005-00111 ahd 2005-00116, Zoning Code Amendment No. 2005-00042 and Conditional Use Permit No. 2005-04999 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Owner has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion,: the Project will result in the construction of 2,681 residential dwelling units and 150,000 square feet of commercial and restaurant uses, within a period of not more than twenty (20) years with five (5) year project milestones; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, does find and determine that the Development Agreement meets the following standards set forth in the Procedures Resolution: 1. That the Project is consistent with the City's General Plan as amended by General Plan Amendment No. 2005-00434 to redesignate Site 2 for Mixed-Use land uses in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan. 2. That the Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements as set forth in General Plan Amendment No. 2005-00434, Development Agreement Nc. 2005-00008, Reclassification No. 2005-00164, Miscellaneous Case Nos. 2005-00111 and 2005-00116, Zoning Code Amendment No. 2005-00042 and Conditional Use Permit No. 2005-04999. 3. That the Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements as amended by Miscellaneous Case No. 2005-00111 to incorporate Site 2 into the Platinum Triangle Master Land Use Plan and Zoning Code Amendment No. 2005-00042 to' , allow for educational institutions and condominium hotels subject to approval of a conditional use permit and modification to the minimum dimensions of balconies for high rise residential towers. 4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution.. 6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. 7. That "" indicated their presence at said public hearing in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Development Agreement No. 2005-00008 in conjunction with General Plan Amendment No. 2005- 00434, Reclassification No. 2005-00164, Miscellaneous Case Nos. 2005-00111, and 2005-00116, Zoning Code Amendment No. 2005-00042 and Conditional Use Permit No. 2005-04999 (collectively, the "Project Discretionary Actions") and, by its motion, based upon its independent review of all evidence received at the public hearing; including an Initial Study conducted pursuant to CEQA for the Project Discretionary Actions (the "Initial Study') and an Addendum to FSEIR No. 332 (the "Addendum") prepared for the Project -3- PC2005- Discretionary Actions did find, and further recommend that the City Council, as lead agency for the Project, unless additional or contrary information is received during the City Council's public hearing on the Project and pending City Council's certification of FSEIR No: 332 along with adoption of a Statement of Findirigs and Fact, a Statement of Overriding Consideration and the Updated and Modified Mitigation Monitoring Program No. 106A, (scheduled for City Council consideration on September 27, 2005), determine and find,. pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon the City Council's independent review of the Initial Study and Addendum and the evidence received at the public hearing, that the certified FSEIR No. 332, together with its Addendum and Mitigation Monitoring Plan No. 138, are adequate to serve as the required environmental documentation for the Project Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon Owner's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution., and any approvals herein contained, shall be deemed null and void. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Planning Gommission does hereby recommend to the City Council the approval of the Applicaticn and the Development Agreement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. (ORIGINAL SIGNED BY GAIL EASTMAN CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 7, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS WHEREOF, I have hereunto set my hand this day of 2005. (ORIGINAL SIGNED BY ELEANOR MORR/SI SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -0- PC2005- EXHIBIT A Parcel 1 In the City of Anaheim, County of Orange, State of California as shown on a map filed in Book 81, Page 32 of Parcel Maps, together with Parcels 2 through 9, inclusive, of Block A, a portion of Parcel 1 in Block B, and Parcels 1 through 9, inclusive, of Block C, as shown on a map filed in Book 104, Page 12 of Parcel Maps, all in the Office of the County Recorder of said county, together with a portion of the east half of the northwest quarter of the northeast quarter of Section 26, Township 4 South, Range 10 West in Rancho San Juan Cajon De Santa Ana, as shown on a map recorded in Book 51, Page 10 of Miscellaneous Maps, Records of said county, together with Parcels 3 and 4, as shown on a map filed in Book 45, Page 13 of said Parcel Maps, together with Parcels 1 through 4, inclusive, as shown on a map filed in Book 47, Page 28 of said Parcel Maps, in the office of said County Recorder, described as follows: Beginning at the southeast corner of Parcel 1 of said Parcel Map filed in Book 47, Page 28; thence westerly along the southerly boundary of said Parcel Map North 89°04'31" West 601.91 feet to the easterly boundary of said Parcel Map filed in Book 104, Page 12; thence southerly along said easterly boundary South 0°1 t'09" West 406.19 feet to the southeast corner of Parcel 9 of 81ock C of said Parcel Map; thence westerly along the southerly line of said Parcel 9 North 89°09'30" West 217.47 feet to the easterly right of way of a 6x.00 foot wide street shown on said Parcel Map as Chris Lane; thence perpendicular from said right o! way North 89°06'22" West 32.00 feet to the centerline of said Chris Lane; thence southerly along said centerline South 0°53'38" West 207.63 feet to the easterly prolongation of the northerly right of way of a 45.00 loo! wide street shown on said Parcel Map as Pacifico Avenue, currently known as Gene Autry Lane; thence westeny along said prolongation and right of way.North 89°07'53" West 395.35 feet and North 89°05'58" West BB 59 leer to the right of way to the State of California as described in the deed recorded October 5, 1998 as Instrument No. 19980672731 of Official Records of said county; thence along said right of way the following courses North 0°54'02" East 8.00 feet, North 26°10'26" West 29.42 feet, North 89°25'56" West 2.44 feet, Nortn 0°51'42" East 13.12 feet, North 89°13'18" West 53.87 feet, South 51°57'39" West 40.48 feet, Nortn 79°09'17" West 85.74 feet to a tangent curve concave southerly having a radius of 307.01 feet, westerly 53.46 leer along said curve through a central angle of 9°58'40", tangent from said curve North 89°07'57" West 23.50 feet, North 45°32'32" West 37.74 feet to the easterly right of way of a 64.00 foot wide street shown on said Parcel Map as Betmor Lane and North 89°08'40" West 32.00 feet to said centerline of said Betmor Lane; thence leaving said State of California right of way along said centerline North 0°58'00" East 140.55 feet to a line which is perpendicular to said centerline and runs through the southeast corner of Parcel 2 of Block A of said Parcel Map; thence North 89°02'00" West 32.00 feet to the southeast corner of said Parcel 2; thence westerly along the southerly line of said Parcel 2 North 89°08'54" West 224.70 feet to the westerly line of said Parcel Map, said line being the westerly line of said east half; thence northerly along said westerly line North 0°24'01" West 1067.39 feet to the centerline of a 120.00 foot wide street shown as Katella Avenue on said Parcel Map filed in Book 81, Page 32 said centerline being the north line of said Section 26; thence easterly along said centerline South 89°07'46" East 300.07 feet to a line which is parallel with and 300:00 feet easterly of westerly line of said northeast quarter; thence along said parallel line South 0°24'01" East 60.01 feet to the southerly right of way of said 120.00 foot wide street and the northwesterly corner of said Parcel Map filed in Book 81, Page 32; thence along said right of way South 89°07'46" East 1319.53 feet to the northwesterly corner of Parcel 2 of said Parcel Map filed in Book 45, Page 13; thence southerly along the westerly boundary of said Parcel 2 South 0°44'33" West 150.01 feet; thence continuing along the boundary of said Parcel 2 and the boundary of Parcel 1 of said Parcel Map South 89°07'46" East 310.06 feet to the right of way of a street having a 53.00 foot westerly half width shown as State College Boulevard on said Parcel Map; thence along said right of way South 0°44'33" West 451.80 feet to the Paint of Beginning. Containing an area of 41.687 acres more or less. -5- PC2005- DEVELOPMENT AGREEMENT NO. BY AND AMONG THE CITY OF ANAHEIM, LENNAR PLATINUM TRIANGLE LLC (DEVELOPER) AND DON H. WATSON, TRUSTEE OF THE DON H. WATSON FAMILY TRUST; JULNS REALTY CORPORATION; TRAFFIC CONTROL SERVICES, INC.; JOSELITO D. ONG AND RENEE DEE ONG; ROGER C. TREICHLER; ROBERT STOVALL FAMILY PARTNERSHIP, L.P; JENNIFER A. BARNETTE DBA SOUTHLAND MEDICAL CORPORATION, JAU-SONG JAN AND TWU GHUN-LAN JAN AS CO-TRUSTEES OF THE JAU-SONG AND TWU CHUN-LAN 7AN 1998 FAMILY TRUST; KENG TONG TAING AND SING LOR TAING, TRUSTEES OF THE TAING FAMILY TRUST DATED MAY 21, 2001; CARSON ESTATE TRUST; .STATE COLLEGE PARTNERS; AMIN A. LAKHANI AND HASINA A. LAKHANI; BG GROUP, GENERAL PARTNERSHIP; AND R&R EQUIPMENT CO., L.P: (COLLECTIVELY, SELLERS) This Development Agreement is entered into this day of , 2005, by and among the City of Anaheim, a charter city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), Lennaz Platinum Triangle, LLC; a California limited liability company (hereinafter "LPT" or "Developer") and Don H. Watson, trustee of the Don H. Watson Family Trust ("Watson"); Julius Realty Corporation, a New Jersey corporation ("Julius"); Traffic Control Services, Inc., a California corporation ("Traffic Control"); Joselito D. Ong and Renee Dee Ong, each an individual {collectively, "Ong"); Roger Treichler, an individual ("Treichler") Robert Stovall Family Partnership, L.P, a limited partnership ("Stovall"); and Jennifer A. Barnette, an individual, dba Southland Medical Corporation ("Barnette"); Jau-Song Jan and Twu Chun-Lan Jan as Co-Trustees of the Tau-Song and Twu Chun-Lan Jan 1998 Family Trust, as community property ("Jan"); Keng Tong Taing and Sing Lor Taing, Trustees of the Taing Family Trust dated May 21, 2001 ("Taing"); Cazson Estate Trust, a Maryland Real Estate Investment Trust ("Carson"); State College Partners, a California general partnership ("SCP"); Amin A. Lakhani and Hasina A. Lakhani, as husband and wife as joint tenants("Lakhani"); BG Group, General Partnership, a general partnership ("BG");'and R&R Equipment Co., L.P., a California limited partnership ("R&R") (LPT, Watson, Julius, Traffic Control, Ong, Treichler, Stovall, Barnette. Jan, Taing, Carson, SCP, Lakhani, BG and R&R are collectively referred to herein as the "OWNER"), pursuant to the authority set forth in Article 2.5 of Chapter 4 of Division 1 of Title 7, Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Statute"). RECITALS This Development Agreement is predicated upon the following facts: A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Statute, Sections 65864; et seq., of the Government Code. The Development Agreement .Statute authorizes CITX to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other things: encourage and provide for the 737532.06/OC IS869-003/9-I -OS/wrd/lyl development of public facilities in order to support development projects; provide certainty in the approval of development projects in order to avoid the waste of resources and the escalation in project costs and encourage investment in and commitment to comprehensive planning-which will make maximum efficient utilization of resources at the least economic cost to the public; provide assurance to the applicants of development projects (1) that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to the conditions of approval of such projects and provisions of such development agreements, and (2) encourage private participation in comprehensive planning and reduce the private and public economic costs of development.: B. These Recitals refer to and utilize certain capitalized terms which are defined in this Development Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. C. On May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the CITY's vision for development of the City of Anaheim (the "General Plan Amendment"), and certified. Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associatai Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and approval of the General Plan Amendment, amendment of CITY's zoning code, and a scnc-s of related actions. ', D. CITY desires that the approximately 820-acre area generally bounded b~ the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Frecw•ay (Interstate 5) on the west, and the Southern California Edison Company Easement on the north (hereinafter called "The Platinum Triangle Area") be developed as a combination of high quality industrial, office, commercial and residential uses, as envisioned in the General Plan Amendment.. E. In order to carry out the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council approved The Platinum Triangle Master Land Use Plan, setting forth the hew vision for The Platinum Triangle. F. To further implement the goals and policies of the General Plan for The Platinum Triangle, the City Council has established The Platinum Triangle Mixed-Use (PTMU) Overlay Zone (hereinafter the "PTMU Overlay Zone") consisting of approximatelythree hundred and seventy-five acres within The Platinum Triangle as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality well-designed development projects that could be stand-alone projects or combine residential with non-residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area. G. LPT represents that it is the fee owner of approximately 23.4 acres of the Property,(the "LPT Pazcel") and, pursuant to the terms and conditions of the following agreements between LPT and the referenced Sellers, is the equitable owner of approximately 17.2 acres of the Property (the "Sellers Pazcels"), all within the CITY, County of Orange, State of California in the Platinum Triangle and zoned PTMU Overlay. The Sellers Pazcels include, in part: three 0.63 acre pazcels of real property located at 1880, 1890 and 1900 South Betmor Lane, respectively, pursuant to the terms of a Standazd Offer, Agreement and Escrow Instructions for 737532.Ofi/OC IS869-003/9-1-OS/wrd/lyl -2- Purchase of Real Estate dated December 5, 2004, between LPT and Watson; a 0.66 acre parcel of real property located at 1891 South Betmor pursuant to the terms of a Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated December 17, 2004, - between LPT and Julius; a 0.66 acre parcel of real groperty located 1881 South Betmor pursuant to the terms of a Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated December 17, 2004, between LPT and Traffic Control; a 0.73 acre parcel of real p;operty located at 1871 South Betmor pursuant to the terms of a Standazd Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated December 17, 2004, between LPT and Ong; a 0.82 acre pazcel of real property located at 1870 South Betmor pursuant to the terms of a Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated December 9, 2004, between LPT and Treichler; a 0.65 acre parcel of real property located at 1901 South Betmor pursuant to the terms of a Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated December 8, 2004, between LPT and Stovall; and a 0.90 acre parcel of real property located at 1910 South Betmor pursuant to the terms of a Standard' Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated December 9, 2004, between LPT and Barnette, a 1.2 acre pazcel of real property located 1800 East Katella Avenue pursuant to the terms of a Standazd Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated February 14, 2005, between LPT and Jan; a I.Ol acre parcel of real property located 1841 South State College Boulevazd pursuant to the terms of a Standazd Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated February 14, 2005, between LPT .and Taing; a 1.8 acre pazcel of real property located 1800 East Talbot Way pursuant to the terms of a Standazd Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated February 14, 2005, between LPT and Carson; a 0.77 acre parcel of real property located 1833 South State College Boulevazd pursuant to the terms of a Standazd Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated February 14, 2005, between LPT and SCP; a 1.53 acre parcel of real property located 1801 East Talbot Way pursuant to the terms of a Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated February 14, 2005, between LPT and Lakhani; a 1.04 acre pazcel of real property located 1700 East Katella Avenue pursuant to the terms of a Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated June 1, 2005, between LPT and BG; a 3.50 acre pazcel of real property located at 1100 East Katella Avenue pursuant to the terms of a Standazd Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated June 1, 2005, between LPT and R&R . The Watson, Julius, Traffic Control, Ong, Treichler, Stovall and Barnette pazcels are collectively referred to herein as the "Betmor Pazcels" while the Jan, Taing, Cazson, SCP, Lakhani, BG and R&R parcels aze collectively referred to herein as the "Talbot Pazcels". The Properly is more particulazly shown and described on Exhibit "A" attached hereto. Pursuant to the purchase agreements for the Talbot Pazcels, as of October 1, 2005, LPT will be the fee owner of 32..32 acres. H. The Property consists of approximately 41.4 gross acres located within the City of Anaheim, generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevazd to just west of Betmor Lane. Approximately, 7.1 gross acres aze within The Platinum Triangle, Gene Autry District; 23.9 gross acres aze within The Platinum Triangle, existing Katella District; and 10.4 gross acres are within the proposed expansion area of the Katella District. The project site is further identified as Sites 1 and 2 on the attached Exhibit "A,1". 737632.06/OC L5869-003!9-I-OS/wrd/lyl -3- Site 1 encompasses 31 gross acres currently zoned I (PTMU) -Industrial (Platinum Triangle Mixed Use Overlay), with a General Plan designation of Mixed Use. Site 1 includes the addresses of: 1200-1558, 1700, and 1800 E. Katella Avenue; 1301-1395 and 1551 Gene Autry Way; 1870, 1871, 1880, 1881, 1890, 1891, 1.900 and 1901 South Chris Lane; 1833 and 1841 South State College Boulevazd; and 1800 and 1801 East Talbot Way (hereinafter-"Site 1"). Site 2 encompasses 10.4 gross acres currently zoned I (Industrial) with a General Plan land use designation of OH (Office High). Site 2 requires a General Plan Amendment from Office High to Mixed Use and Reclassification from the I (Industrial) to I (PTMU) -Industrial (Platinum Triangle Mixed Use Overlay) Zone. Site 2 includes the addresses o£ 1870, 1871, 1880, 1881, 1890, 1891, 1900, 1901 and 1910 South Betmor Lane; and 1100 East Katella Avenue (hereinafter "Site 2"). L OWNER desires to develop the Property in accordance with the provisions of this Development Agreement by developing a mixed use master planned community consisting o£ Approximately 41.4 gross acres located within the City of Anaheim, generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevazd to just west of Betmor Lane. Approximately 7.1 gross acres are within The Platinum Triangle, Gene Autry District, and 34.3 gross acres are within The Platinum Triangle, Katella District (including proposed expansion azea). Lennaz intends to develop a signature urban center as a master planned community of neighborhoods, each with distinctive chazacter, containing 2,681 residences in a mix of housing types, including high rise residential towers, street townhomes, flats, podium townhomes, and lofts. Retail and townhomes will be developed at the base of towers to create strong street edges. These neighborhoods will be unified by Mazket Street, which will contain a central. plaza and allow for approximately 150,000 sq. ft, ofstreet-related retail development. Two public pazk azeas totaling 3.5 acres will be provided: 1) to the east of the Market Street central plaza to provide e}'een space, trees and water features along a wide pedestrian promenade linking to State College Boulevazd; and 2) a neighborhood green space surrounded by walk-up townhomes. High-quality, private recreational amenities will be provided for all residents. In addition, a public or private urban school will potentially be sited within the project boundaries. The community is more particulazly set forth in the Master Site Plan (hereinafter collectively called the "Project"). J. In order to authorize consideration of the Project; concurrently with processing of the Project, CITY inifiated General Plan Amendment No. 2004-00420 to amend the Land Use Element to increase the maximum square footage for the Mixed Use land use designation along Mazket Street and amend the Circulation Element to provide for the Gene Autry Way Grand Parkway design; Zoning Code Amendment No. 2004-00036; and an Amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2004-00089) to authorize a Master Site Plan process, whereby a Master Site Plan is attached to the development agreement in lieu of a Final Site Plan, and to designate additional commercial square footage for Mazket Street (hereinafter collectively the "City Initiated Actions"): K. On , 2005, the Anaheim City Council certified Final Subsequent Environmental Impact Report No. 332, adopting a Statement of Findings of Fact, a Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 737532:06/OC ISB69-003/9-IAS/wN/lyl -4- 106A ("FSEIR No. 332") to provide for the implementation of The Platinum Triangle Master Land Use Plan in conjunction with its consideration and approval of the City-Initiated Actions. L. OWNER initiated General Plan Amendment No. 2005-00434 toamend the Land Use Element to redesignate the parcels described as Site 2 from the Office High land use - designation to the Mixed-Use land use designation by changing the boundaries of these designations in The Platinum Triangle, leaving unchanged the permitted intensity as set forth in the General Plan; an amendment to The Platinum Triangle Master Land Use Plan to incorporate Site 2 into The Platinum Triangle Mixed Use (PTMU) Overlay Zone, Katella District (Miscellaneous Case No. 2005-00111); Reclassification No. 2004-00164 to reclassify Site 2 from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use Overlay) Zone; Zoning Code Amendment No. 2005-00042 to add educational institutions and condominium hotels as authorized uses subject to the approval of a conditional use permit, and amend provisions relating to minimum size of balconies; Conditional Use Permit No. 2005- 04999 to permit residential tower structures up to 400 feet in height on Site 1 within. Development areas B, D, E, F, M and N of the Master Site Plan, Development Agreement No. 2005-00008 between the City of Anaheim :and Lennar Platinum Triangle, LLC and Sellers including a Master Site Plan for the project; and related actions (hereinafter collectively the "Owner Initiated Actions"). The City Initiated Actions and the Owner Initiated Actions shall hereinafter be collectively referred to as the "Project Actions." M: CITY desires to accomplish the goals and objectives set forth in the CITY's General Plan and the objectives for the PTMU Overlay Zone as set forth in subsection 18.20.010.020 of the Anaheim Municipal Code, and finds that the Project will accomplish said goals and objectives. N.' The City Council, as duly recommended by the Planning Commission, adopted Ordinance No. 5936 on August 24, 2004, reclassifying the property in The Platinum Triangle, including the portion of the Property identified as Site I, into the PTMU Overlay Zone. O. Pursuant to the Master Site Plan., OWNER will submit Final Site Plans and tentative maps, as required. OWNER further anticipates the submission of detailed construction plans and other documentation required by CITY'in order for the OWNER to obtain its building permits. P. A5 consideration for the benefits gained from the vested rights acquired pursuant to the Development Agreement Statute, to conform with the requirements of the PTMU Overlay Zone, and to comply with the applicable mitigation"measures imposed by Updated and Modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 138 for the Project, CITY is requiring that OWNER construct and install a number of public improvements, including on-site and off-site traffic circulation improvements, and provide other public benefits. Q.' In order to avoid any misunderstandings or disputes which may arise from time to time between OWNER and CITY concerning the proposed development of the Project and to assure each party of the intention of the other as to the processing of any land use entitlements which now or hereafter maybe required for such development, the 737532.06/OC IS869A03/9-t-OS/wrd/IyI -$- parties believe it is desirable to set forth their intentions and understandings in this Development Agreement. In order for both CITY and OWNER to achieve their respective objectives, it is imperative that each be as certain as possible that OWNER will develop and that CITY will permit OWNER to develop the Project .and public improvements as approved by CITY within the time periods provided in this Development Agreement. R. CITY, as a charter city, has enacted Ordinance No. 4377 on November 23, 1982, which makes CITY subject to the Development Agreement Statute. Pursuant to Section 65865 of the Development Agreement Statute, CITY adopted Resolution No. 82R- 565 (the "Procedures Resolution") on November 23, 1982. The Procedures Resolution establishes procedures and requirements for the consideration of development agreements upon receipt of an application. S. On June 7, 2005, as required by Section 1A of the Procedures Resolution, OWNER submitted to the Planning Department an application for approval of a development agreement (hereinafter called the "Application"). The Application included a proposed development agreement (the "Proposed Development Agreement"). T. On , 2005, as required by Section 65867 of the Development Agreement Statute and Section 2a of the Procedures Resolution, the Planning Director gave public notice of the City Planning Commission's intention to consider a recommendation to the City Council regarding adoption of a development agreement.: U. On September 7, 2005, as required by Section 65867 of the Development Agreement Statute and Section 2.2 of the Procedures Resolution, the City Planning Commission held a public hearing on the Application. V On that date, the City Planning Commission, after considering an Initial Study conducted pursuant to CEQA for this Development Agreement, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, duly found and determined, and recommended that the City Council find and determine, that FEIR No 330 previously certified by the City Council for the Amended General Plan and related projects, with associated Mitigation Monitoring Program No. 106 for The Platinum Triangle; Subsequent EIR No. 332, previously certified by the City Council, with associated Mitigation Monitoring Program No. 106A for The Platinum Triangle; and Addendum to Subsequent EIR No. 332, dated September 2005, with associated Mitigation Monitoring Plan No. 138 for the Development Agreement and the Project, are adequate to serve as the required environmental documentation for this Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. , W. The Planning Commission further found that the Development Agreement meets the following standards set forth in Section 2.3 of the Procedures Resolution., to wit, that the Proposed Project: (a) is consistent with the CITY's existing General Plan, as proposed to be amended by the Project Actions, (b) is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district, as proposed to be 737532,06/OC L5869-003/9-t-OS/wrd/lyl -(1- amended by the Project Actions, (c) is compatible with the orderly development of property in the surrounding area and (d) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY. Based upon the aforesaid findings, the City- .-- Planning Commission recommended that the City Council approve the Application and this Development Agreement pursuant to Resolution No. PC X. On , 2005, as required by Section 65867 of the Development Agreement Statute and Section 3.i of the Procedures Resolution, the City Clerk caused public notice to be given of the City Council's intention to consider adoption of a development agreement.. Y. On , 2005, as required by Section 65867 of the Development Agreement Statute .and Section 3.2 of the Procedures Resolution, the City Council held a public hearing on the Application. Z. On that date, the City Council after considering an Initial Study conducted pursuant to CEQA for this Development Agreement, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, found and determined that FEIR No. 330 previously :certified by the City Council for the Amended General Plan' and related projects, with associated Mitigation Monitoring Plan No. 106 for The Platinum Triangle; Subsequent EIR No. 332, previously certified by the City Council, with associated Mitigation Monitoring Plan No. 106A for The Platinum Triangle; and Addendum to Subsequent EIR No. 332, dated September 2005, with associated Mitigation Monitoring Program No. 138, are adequate to serve as the required environmental documentation for this Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. AA. On; , 2005, the City Council found and determined that this Development Agreement: (i) is consistent with the CITY's existing General Plan, as amended by the Project Actions; (u) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY; (iu) is entered into pursuant to and constitutes a present exercise of the CITY's police power; and (iv) is entered into pursuant to and in' compliance with the requirements of Section 65867 of the Development Agreement Statute and the Procedures Resolution. BB. Ln preparing and adopting the General Plan and in granting the Development Approvals, CITY considered the health, safety and general welfare of the residents of CITY and prepared in this regard an extensive environmental impact repork and other studies. Without limiting the generality of the foregoing, in preparing and adopting the General Plan and in granting the Development Approvals, the City Council carefully considered and determined the projected needs (taking into consideration the planned development of the Project and all other areas within the. CITY) for water service, sewer service, storm drains, electrical facilities, traffic/circulation infrastructure, police and fire services, paramedic, parks and similar improvements, facilities and services within The Platinum Triangle, and the appropriateness of the density and intensity of the development 737532.06/OC ISB69-003/9-1-OS/wrd/IYl 'T comprising the Project and the needs of the CITY and surrounding areas for other infrastructure. CC. On , 2005, the City Council adopted the Authorizing Ordinance authorizing the execution of this Development Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute, as it applies to CITY, and pursuant to the Enabling Ordinance, the Procedures Resolution and the CITY's inherent powers as a charter city, and pursuant to the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. DEFINITIONS. The following words and phrases are used as defined terms throughout this. Development Agreement, and each defined term shall have the meaning set forth below. 1.1 Assessment District. "Assessment District" for purposes of this Development Agreement means. a special district, assessment district or benefit area existing pursuant to State law or the charter powers of the CITY for purposes of financing the cost of public improvements, facilities, services and/or public facilities fees within a distinct geographic azea of the CITY: 1.2 Authorizing Ordinance. The "Authorizing Ordinance" means Ordinance No. approving this Development Agreement. 1.3 Builder Tentative Man. A map subdividing a Development Area pursuant to the ', Subdivision Map Act, including any tentative map, pazcel map and/or condominium map. 1.4 CITY. The "CITY" means the City of Anaheim, a charter city and municipal corporation, duly organized and existing under its charter and the Constitution and laws of the State of California. 1.5 Conditional Use Permit. The "Conditional Use Permit" means Conditional Use Permit No. 2005-04999 permitting residential tower structures up to 400 feet in height on Site 1 within Development azeas B, D, E, F, M and N of the Master Site Plan . A copy of the Conditional Use Permit is attached as Exhibit "C" of this Development Agreement. 1.6 Develonment. "Development" means the improvement of the Property for purposes of effecting the structures,. improvements and facilities comprising the Project, including, without limitation: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of structures and buildings and the installation of landscaping. 1.7 Development Agreement Date. The "Development Agreement Date" means the later of (i) the date of recordation in the office of the County Recorder of this Development Agreement, or a memorandum thereof, of (ii) the effective date of the Authorizing Ordinance. ~37532.06/OC L5869-003/9-1-05/wrd/lyl -$- 1.8 Development Agreement Statute. The "Development Agreement Statute" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Development Agreement Date. 1.9 Development An rp ovals. "Development Approvals" means the Master,Site Plan and all site specific plans, maps, permits and other entitlements to use of every kind and nature contemplated by the Master Site Plan which aze approved or granted by CITY in connection with development of the Property, including, but not limited to: site plans, tentative and final subdivision maps, vesting tentative maps, variances, conditional use permits and grading, building and other similaz permits. To the extent any of such site specific plans, maps, permits and other entitlements to use aze amended from time to time, "Development Approvals" shall include, if OWNER and CITY agree in writing, such matters as so amended. If this Development Agreement is required by law to be amended in order for "Development Approvals" to include any such amendments, "Development Approvals" shall not include such amendments unless and until this Development Agreement is so amended. 1.10 "Development Area" means a numbered residential development area as shown on the Master Site Plan (Exhibit No. 1 of the Master Site Plan). 1.11 Enabling Ordinance. The "Enabling Ordinance" means prdinance No. 4377 enacted by the CITY on November 23, 1982. 1.12 Existing Land Use Regulations. "Existing'Land Use Regulations" mean the ordinances and regulations adopted by the City of Anaheim in effect on the Development Agreement Date, including the adopting ordinances and regulations that govern the permitted uses of land, the density and intensity of use, and the design, improvement; construction standazds and specifications applicable to the development of the Property, including, but not limited to, the General Plan, the Zoning Code, The Platinum Triangle Master Land Use Plan, Mitigation Monitoring Plan No. 138, Mitigation Monitoring Program No 106A, and all other ordinances of the City establishing subdivision standards, pazk regulations, impact or development fees and building and improvement standazds (but only to the extent the Zoning Ordinance and such other regulations .aze not inconsistent with this Development Agreement. Existing Land Use Regulations do not include non-land use regulations, which includes taxes. 1.13 Final Site Plan. ' "Final Site Plan"means the detailed plans for a Development Area implementing the Master Site Plan, as approved by the Planning Commission 1.14 Gross Floor Area/GFA, "Gross Floor Area" or "GFA" means the gross floor area of any permitted building: 1.15 Interim Development Fees. "Interim Development Fees" aze the fees imposed within The Platinum Triangle pending adoption of permanent fee programs by the City as set forth in Pazagraph 12.2 of this Agreement. 1.16 Master Site Plan. The "Master Site Plan" means the Project as described in this Development Agreement, including conditions with respect thereto, as set forth as Exhibit "B" attached hereto and made a part hereof by this reference: 737532.06lOC L5869-003/9-1-05/wrdllyl -9- 1.17 Master Tentative Man A tentative map processed and recorded to establish the boundaries of the Development Areas. 1.18 Morteaee. "Mortgage" means a mortgage, deed of trust or sale and leaseback arrangement or other transaction in which the Property, or a portion thereof or an interest therein, is pledged as security. 1.19 Mortea~ee. "Mortgagee" means the holder of the beneficial interest under a Mortgage, or the owner of the Property, or interest therein, under a Mortgage. 1.20 Owner.. "Owner" is LPT, any person or entity with which or into which LPT may merge, and any person or entity who may .acquire substantially all of the assets of LPT, Watson, Julius, Traffic Control, Ong, Treichler, Stovall, Barnette ,Jan, Taing, Carson, SCP, Lakhani, BG, and R&R (collectively the "Sellers") and any person or entity who receives any of the rights or obligations of under this Development Agreement in accordance with. the provisions of Section 28 (Assignment) of this Development Agreement. 1.21 Pazkin Areas. The "Parking Areas" means all pazking structure(s), and/or all surface parking servicing the Project. 1.22 Permitted Development. "Permitted Development" includes all Development as identified in Section 6 of this Development Agreement and as further set forth in the Master Site Plan. This Development Agreement establishes maximum and minimum characteristics for all Development set forth in the Master Site Plan. 1.23 Platinum Trian Ig e Area. "The Platinum Triangle" means that portion of the City of Anaheim generally bounded on the east by the Santa Ana River, on the south. by the Anaheim city limits, on the west by the Santa Ana Freeway, and on the north by the Southern California Edison Easement. 1.24 Procedures Resolution. The "Procedures Resolution" is Resolution No. 82R-565 adopted by CITY pursuant to Section 65865 of the Development Agreement Statute. 1.2S Project: The "Project" means the developmenfproject contemplated by the Master .Site Plan with respect to the Property, including but not limited to on-site and off-site improvements, as such development project is further defined, enhanced or modified pursuant to the provisions of this Development Agreement. 1.26 Pro e .The "Property" means that certain real property shown and described on Exhibit "A" to this Development Agreement. 1.27 Sellers Parcels. "Sellers Pazcels" means the parcels of real properly located in the CITY, identified on Exhibit "A", and totaling 17.2 acres, all of which aze to be conveyed to LPT pursuant to the terms of executed purchase and sales agreements. 1.28 Support Commercial Uses. "Support Commercial Uses" are commercial~retail uses which may include retail uses, banking or financial offices, food service, restaurants, service establishments and other similaz uses in keeping with the nature of the Project and the required 737572.06/OC 13869-003/9-1-05/wN/lyl -t Ll- uses needed to support the occupants of office buildings, other office development, sports and entertainment venues and residential development in The Platinum Triangle. 1.29 Term. "Term" is defined in Section 2 of this Development Agreement: Section 2: TERM.. 2.1 2.1 The term (hereinafter called ("Term"") of this Development Agreement shall be that period of time during which this Development Agreement shall be in effect and bind the parties hereto. The Term shall commence on the Development Agreement Date and shall extend for a period of five (5) yeazs thereafter, terminating an initial period of five (5) years. Thereafter, the Development Agreement shall be extended for up to three additional five (5) yeaz periods provided the development milestones described in Exhibit "G" are achieved. The Development Agreement shall terminate at the end of the day on the fifth anniversary of the Development Agreement Date or such subsequent applicable Development Agreement date if the Development Agreement is extended for one, two or three additional five yeaz terms, subject to the periodic review and modification or termination provisions defined in Section 26 and Section 28, respectively, of this Development Agreement, or the terms of Section 31.1 (Force Majeure) of this Development Agreement and further subject to a reasonable extension for completion of the Project in accordance with the Timing of Development schedule set forth in Section 16 of this Development Agreement. OWNER shall submit proof of compliance with project milestones shown on Exhibit "G" prior to the expiration of each period set forth therein. The Planning Director shall determine if the project milestones have been met, .and inform the City Council of the extension of the Development Agreement. 2.2 This Development Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of a fmal order, after all appeals have been exhausted, directed to CITY as a result of any lawsuit filed against CITY to set aside, withdraw or abrogate the approval of the City Council of this Development Agreement or if termination occurs pursuant to the provisions of the Procedures Resolution and such termination is so intended thereby. 2.3 If not already terminated by reason of any other provision in this Development Agreement, or for any other reason, this Development Agreement shall automatically terminate and be of no further force and effect upon completion of the Project pursuant to the tetms of this Development Agreement and any further amendments thereto and the issuance of all occupancy permits and acceptance by CITY of all dedications and improvements as required by the development of the Project: Section 3. BINDING COVENANTS. The provisions of this Development Agreement to the extent permitted bylaw shall constitute covenants which shall run with the Property for the benefit thereof, and the benefits of this Development Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto. 737532.06/00 LSA69-003/9-1-OS/wrd/lyl -t t- Section 4. EFFECT OF AGREEMENT. As a material part of the consideration of this Development Agreement, unless-otherwise provided herein, the parties agree that the Existing Land Use Regulations shall be applicable to development of the Project. In connection with all subsequent discretionary actions by CITY required to implement the Master Site Plan and any discretionary actions which CITY takes or has the right to take under this Development Agreement relating to the Project, including any review, approval, renewal; conditional approval or denial, CITY, shall exercise its discretion or take action in a manner which complies and is consistent with the Master Site Plan, the Existing Land Use Regulations and such other standards, terms and conditions expressly contained in this Development Agreement. CITY shall accept and timely process, in the normal manner for processing such matters as may then be applicable, all applications for further approvals with respect to the Project called for or required under this Development Agreement, including, any Final Site Plan, tentative map, vesting tentative map, final map and any grading, construction or other permits filed by OWNER in accordance with the Development Approvals. Section 5. PROJECT LAND USES: The Property shall be used for such uses as maybe permitted by the Development Approvals and the Existing Land Use Regulations. The duration of this Development. Agreement, the density and intensity of use, developable GFA, footprint square footage, the maximum height and size of proposed buildings and structures, lot sizes, set back requirements, zoning; public improvements, and the provisions for reservation or dedication of land for public purposes shall be those set forth in the Development Approvals, the Existing Land Use Regulations and this Development Agreement pursuant to Section 65865.2 of the Development Agreement Statute. Section 6. PERMITTED DEVELOPMENT. 6.1 Description of Permitted Development. The Permitted Development to be located on the Property shall be as set forth on the Master Site Plan. The Project shall be constructed substantially in conformance with the Master Site Plan. 6.2 Pazking Areas, .The Parking Areas shall. be constructed so that there will be sufficient pazking spaces available within the Property to serve the Development.. Prior to commencement of construction of the first permitted building, OWNER shall restrict the use of the Pazking Areas to, and shall record a covenant against the Property in a form approved by the City Attorney stating that the use of the Pazking Areas shall be limited to tenants, visitors, patrons, invitees and other users of the permitted buildings. Said covenant shall also provide that the Parking Areas shall not be used to provide public pazking for patrons of Angel Stadium of Anaheim, The Grove of Anaheim or the Arrowhead Pond of Anaheim without a prior written agreement between OWNER and CITY relating to such public pazking. Section 7. DENSITY OF PERMITTED DEVELOPMENT. The Permitted Development shall be between the minimum and maximum sizes, and shall not exceed the maximum heights, or the total number of units set forth on the Master Site Plan. 737532.Ofi/OC 15869-003!9-1-OS/wrd/lyl -t2- Section 8. ENFORCEMENT: ` Unless this Development Agreement is terminated or cancelled pursuant to the provisions.. of this Development Agreement, this Development Agreement or any amendment hereto, shall be enforceable by any party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance or building ordinance adopted by CITY which alters or amends the rules, regulations or policies of Development of the Project as provided in this Development Agreement pursuant to Section 65865.4 of the Development Agreement Statute; provided, however, that the limitations of this Section shall not :apply to changes mandated by State or Federal laws or other permissible changes or new regulations as more particulazly set forth in Section 23 of this Development Agreement. Secfion 9: PUBLIC IMPROVEMENTS AND SERVICES.:. As material consideration for CITY entering into this Development Agreement, OWNER shall perform the obligations imposed as conditions of approval set forth in the Master Site Plan (Exhibit "B") and as conditions of the Conditional Use Permit (Exhibit "C"1, and shall undertake the construction and installation of the public improvements and infrastructure as set forth in this Section 9, as further described in the Master Site Plan, required to support the Project and to enhance area-wide traffic circulation and emergency police and fire protection service within the time periods as set forth below. and in conformance with the Existing Land Use Regulations. CITY shall cooperate with OWNER for the purpose of coordinating all public improvements constructed under the Development Approvals or this Development Agreement to existing or newly constructed public improvements, whether located within or outside of the Property. OWNER shall be responsible for and use good faith efforts to acquire any right(s)-of-way necessary to construct the public facility improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement or any Development Approvals. Should it become necessary due to OWNER's failure or inability to acquire said right(s)-of--way within four months after OWNER begins its efforts to so acquire saidright(s)-of--way, CITY shall negotiate the purchase of the necessary right(s)-of--way to construct the public improvements as required by, or otherwise necessary to comply with the conditions of, this Development Agreement and, if necessary in accordance with he procedures established by State law, and the limitations hereinafterset forth in this section, CITY may use its powers of eminent domain to condemn said required right(s)-of way. OWNER agrees to pay for all costs associated with said acquisition and condemnation proceedings. If the CITY cannot make the proper findings or if for some other reason under the condemnation laws CITY is prevented from acquiring the necessary right(s)-of--way to enable OWNER to construct the public improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement, then the parties agree to amend this Development Agreement to modify OWNER's obligations accordingly. Any such required modification shall involve the substitution of other considerations or obligations by OWNER (of similaz value) as are negotiated in good faith between the parties hereto. Nothing contained in this Section shall be deemed to constitute a determination or resolution of necessity by CITY to initiate condemnation proceedings. 9.1 Public Pazks. OWNER is required to dedicate and improve a minimum size of 44 square feet for each residential unit for public pazk purposes. OWNER will dedicate, develop and maintain two parks identified as Public Park 1 and Public Park 2 on the Master Site Plan. The value of pazkland dedication for Public Park 1 and Public Pazk 2, as determined pursuant to the formula set forth in Exhibit "D-5" and the Conditions of Approval in Exhibit "B", will be ~3~s3z.os/oc 15869-003/9-I-OS/wrd/lyl -t3- credited against overall Platinum Triangle Pazk Fees paid for the project, provided that one-half (1/2) of the total fees payable for the Project shall be paid prior issuance of the first building permit on the Property. Consistent with existing Code requirements and policies, no credit will be given for improvements. The Master Plan for the parks shall be subject to the approval of the Community Services Director.. 9.2 Utilities (Water, Electrical. Gas. Sewer and Drainage. OWNER shall construct the public improvements necessary for the provision of requisite water, electrical, gas, sewer and drainage requirements for Project as more fully set forth in the Development Approvals. OWNER shall construct and relocate utilities as maybe required to provide services to the Permitted Development on the Property or that are displaced by the construction of the Permitted Development. As OWNER submits detailed construction plans in order to obtain building permits for the Project and/or the size and nature of the Project varies, the utilities that OWNER will construct or relocate may be revised accordingly by the CITY. 9.2.1 Water Service. OWNER will provide engineering studies to size the water mains for ultimate development within the Project. Said engineering studies will be conducted prior to issuance of any building permits for the Permitted Development. The studies shat I be subject to the approval of the General Manager, Public Utilities Department. The a atcr s} stert3 may be constructed incrementally, provided that said incremental phasing is adequate to pnn ldc municipal demands and fire flow protection for the proposed development phasing. 0~1'\ F R will conform with Rule 15D of the Water Utility's Rates, Rules and Regulations which pm~ ides for, in part, a fee based on GFA and the advancementof additional funds to construct the upgraded water facilities. OWNER shall be entitled to reimbursement in accordance with the terms of Rule 15D for the advancement of additional funds to construct the upgraded water facilities. 9.2.2 Sanitarv .Sewer and Storm Drains. Prior to final building and zoning inspections for each permitted building, OWNER will construct all sanitary sewers, storm drains and appurtenant structures (including treatment control BMPs, as required by the WQMP) to serve the ultimate development of the Property as provided by azeawide engineering studies to be conducted prior to issuance of any building permits for the first permitted building and updated prior to the. issuance of any building permits for each subsequent permitted building. All studies shall be subject to the approval of the City Engineer. OWNER will construct improvements identified in said studies. The systems maybe constructed incrementally subject to approval of the City Engineer, provided that said incremental phasing is adequate to provide capacity for the proposed development phasing. 93 Timing, Phasing and Seouence of Public Improvements and Facilities .The phasing and sequence of the construction of public improvements and facilities shall be constructed in accordance with the infrastructure phasing exhibit set forth in Exhibit "H" of this Development Agreement and the Master Site Plan except that, at the option of OWNER, phase 3 may precede phase 2, subject to the Planning Director's approval and confirmation that the revised phasing plan, as proposed, is not anticipated to result in any new environmental impacts or infrastructure requirements. Prior to recordation of the Master Tract Map, OWNER shall be required to provide a detailed phasing plan satisfactory to the Planning Director, the Community Services Director and the Public Works Director with a detailed phasing plan relating to phasing and sequence of Public Improvements and Facilities, 737532:06/OC 15869-003/9-1-03/wrd/lyl -t4- 9.4 Traffic Circulation ImQrovements. In order to assist CITY in providing for area- wide traffic circulation as required by this Project, OWNER shall cause to be made the traffic circulation improvements identified for the Project as Mitigation Monitoring Plan No.138 for the Project, including all applicable measures from the Updated and Modified Mitigation Monitoring Program No. 106A approved in conjunction with Subsequent EIR No 332, and its Addendum, as shown on the Master Site Plan. Section 10. TRANSFER OF DEVELOPMENT RIGHTS 10.1 Maximum Number of Units and Transfer. The maximum number of dwelling units permitted by the Master Site Plan is 2;681. The tazget number of dwelling units within each development azea is .shown on the Master Site Plan (Exhibit "B"), in the document identified as the "Development Plan Summary." To the extent the tazget number of dwelling units not used in a particular development azea, they maybe transferred to other development areas on the Master Site Plan, with the approval of the Planning Director, in accordance with the following: 10.1.1 Consistency With General Plan and Master Land Use Plan. Transfers of dwelling units between development azeas shall be deemed consistent with the General Plan and the Platinum Triangle Master Land Use Plan, provided all of the following requirements aze met: 1. The overall maximum number of 2,681 dwelling units is not exceeded; 2. The general location of development azeas is as shown on the Master Site Plan; 3. The number of dwelling units transferred from one development area to another does not exceed 50% of the tazget density of the receiving development azea; and 4. The resulting built form on the zeceiving development azea does not exceed the established height limit; or, if it does, a conditional use permit is obtained. 5 A CEQA Initial Study is prepared which demonstrates that the transfer of units is in conformance with environmental' pazameters and: conclusions addressed in the certified FSEIR No. 332 and its Addendum and no additional environmental impacts aze created: 10.2 Remaining Units. If the total number of units on the Property following completion of the last Final Site Plan is less than the total number perntted pursuant to this Development Agreement, OWNER relinquishes the right to develop the unbuilt units. 103 Processing Density Transfers.. Requests to transfer density shall be processed in the same manner as Final Site Plans 10.4 Credit for Demolition of Commercial Squaze Footage. As part of the Project, OWNER represents that it intends to demolish two commercial properties, the Best Western Motel at 1700 E. Katella Avenue, with 72 rooms, and the Angel Inn, at 1800 E. Katella Avenue, with 61 rooms. CITY will credit the Project with the commercial squaze footage, in the amount of 600 squaze feet per motel room (for a maximum amount of 79,800 squaze feet), attributable to the demolished commercial property within the applicable Platinum Triangle District, subject to 737532.06/OC L5869-003/9-1-OS/wrd/lyl -t5- verification by CITY. Transfer of commercial property maybe accomplished pursuant to the procedures set forth in this Section. Section 11. REIMBURSEMENT PROVISION. In the event OWNER is required to construct public improvements which are supplemental to the requirements of the Project for the benefit of other properties, CITY will work with OWNER to establish mechanisms for proportional reimbursement from owners of the benefited properties. All costs associated with establishing said mechanisms shall be paid by OWNER. Section 12. DEDICATIONS AND EXACTIONS. Prior to recordation of the Master Tract Map, OWNER shall irrevocably offer for dedication the rights-of--way, including the public connector streets and Mazket Street, if applicable, and other areas as more fully set forth in the Master Site Plan for the uses set forth in the Master Site Plan. These dedications shall be in fee or as an easement at the discretion of CITY, and upon completion and acceptance by CITY of the .associated improvements in compliance with the specifications as approved by CITY, CITY shall accept OWNER's offer of dedication. Nothing contained in this Development Agreement, however, shall be deemed to preclude CITY from exercising the power of eminent domain with respect to the Property or the Project, or any part thereof. Section 13. FEES. TAXES. AND ASSESSMENTS. 13.1 Fees. Taxes and Assessments. OWNER shall be responsible for the payment of fees in the amount and at the times set forth in the Existing Land Use Regulations, as said amounts and timing may be modified in accordance with this Development Agreement. 13.2 Platinum Triangle Interim Development Fees. CITY anticipates that a number of fees will be adopted to pay the costs attributable to new development in The Platinum Triangle. The Interim Development Fees constitute amounts estimated by the applicable Departments to be the approximate fair shaze of costs attributable to the Ptoject. If an identified fee has been adopted prior to issuance of the first building permit for the Project, the OWNER shall pay the fee. If an identified fee has not been adopted at the time of issuance of said building permit, the OWNER shall pay the applicable Platinum Triangle Interim Development Fees set forth in attached Exhibit "D." If the OWNER has paid a Platinum Triangle Interim Development Fee, and upon subsequent adoption of a corresponding fee it is determined that the OWNER has paid an amount greater than the amount payable pursuant to the adopted fee, the excess amount paid as an Interim Development Fee shall be refunded to the OWNER. CITY shall not be obligated to adopt any of the identified fees. If any such identified fee is not adopted, the parties agree that the Interim Development Fee is adequate to address the impacts of the Project. To the extent OWNER constructs any of the facilities for which development fees aze assessed, OWNER may seek fee credit through any applicable policies, ordinances or guidelines of CITY. 13.2.1 Electrical Utilities Undergrounding Fee. OWNER will pay an Electrical Utilities Undergrounding Fee as set forth in Exhibit "D-1." 737632.06/OC 13869-003/9-I-OS/wrdllyl -t6- 13.2.2 Fire Facilities Fee. OWNER will pay a Fire Facilities Fee as set forth in Exhibit "D-2." 13.2.3 General Plan and Environmental Processing Fee. OWNER will pay a processing FEE attributable to the cost of creating and establishing the Master Land Use Plan .and the PTMU Overlay Zone for The Platinum Triangle, as well as the costs of associated environmental documentation, as said additional costs aze set forth in Exhibit "D-3." 13.2.4 Library Facilities Fee. OWNER will pay a Library Facilities Fee as set forth in Exhibit "D-4:" 13.2.5' Pazk Fee: OWNER will pay the Pazk Fee as set forth on Exhibit "D-5," with credit against the Park Fee payable as set forth in Section 9.1 of this Agreement and Exhibit "D- 5." One-half of the total park fees due for the number of units approved pursuant to the developmenYagreement shall be paid prior to issuance of the first building permit on the Property. The second half of the pazk fees for each Development Area shall be paid prior to recordation of the Builder Tract Map for each Development Area, br, if a builder tract map is not processed, prior to issuance of the first building permit for the Development Area. The amount of the Pazk Fee payable for each residential unit for the term that this Development Agreement is in effect shall be $7,055.74, the amount set forth in Exhibit "D-5." 13.2.6 Police Facilities Fee, OWNER will pay the Police Facilities Fee to defray the costs of capital facilities and equipment asset forth in Exhibit "D-6." 13.2.7 Public Works Supplemental Sewer, Storm Drain and Beautification Fees,. OWNER will pay Public Works Fees for supplementalsewer impacts, storm drain impacts, and arterial highway beautification/aesthetics as set forth in Exhibit "D-7." 13.2.8 Traffic Impact Fee. OWNER will pay the Traffic Impact Fee for- improvements required to provide acceptable traffic service levels in and through the area's Master Plan of Arterial Highways system as set forth in Exhibit "D-8.". 13.3 Excluded Development Fees. Fees Excluded from Existing Land Use Regulations: The following fees shall not be included among the fees which would otherwise fall within the definition of Existing Land Use Regulations: 13.3.1' Water Utilities Fees: OWNER will pay all applicable fees in accordance with the Water Utilities Rates, Rules and Regulations in effect at the time of application for service. 13.3.2 Electrical Utilities Fees. OWNER will pay all fees in accordance with the Electrical Utilities Rates, Rules and Regulations in effect at the time of application for service. 13.3.3 Citv Processing Fees. OWNER shall pay all standazd City-wide processing fees for building permits, zoning review, and other similar fees associated with the Development of the Project which aze in existence at the fime of approval of this Development Agreement at the rate in existence at the time said fees aze normally required to be paid to CITY. 13.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District. Prior to the date a building or grading permit is issued relating to implementation of the Master Site 737532.06/OC L5869-00319-I-05/wrd71y1 -17- Plan, or within a period of ninety (90) days from the date of execution of this Development Agreement, whichever occurs first, OWNER shall execute and record an unsubordinated covenant in a form approved by the City Attorney's Office wherein OWNER agrees notto° contest the formation of any Assessment District (s) which maybe formed to finance Platinum Triangle infrastructure and/or maintenance, which district(s) could include the Property and further agrees that no Assessment District for the Property shall be formed until after the formation of the CITY's Platinum Triangle Infrastructure and/or Maintenance District; unless CITY has notified OWNER that CITY's District will not be formed, or CITY has expressly approved the formation of an Assessment District for the Property. Notwithstanding the foregoing, CITY will work cooperate with Lennaz in establishing an Assessment District as set forth in Section 13.7 prior to issuance of the first building permit on the Property. The covenant shall not preclude OWNER from contesting (i) the determination of benefit of such improvements to the Property, (ii) the properties included in said district or azea, (iii) the manner in which said fee is determined or (iv) the manner in which said improvement costs are spread. 13.5 Accounting of Funds. CITY will comply with applicable requirements of Government Code Section 65865 relating to accounting of funds. 13.6 Imposition of Increased Fees Taxes or Assessments. Except as expresslyset forth or reserved in this Development Agreement, CITY shall not, without the prior written consent of OWNER, impose any additional fee, tax or assessment on the Project or any portion thereof as a condition to the implementation of the Project or any portion thereof; except such fees, taxes and assessments as aze described in or required by this Development'Agreement, including the Existing Land Use Regulations or the Development Approvals. The rates of such fees, taxes and assessments shall be the rates inexistence at the 6me said fees, taxes and assessments aze normally required to bepaid to CITY, except as otherwise agreed to in this Development Agreement in Section 13.2.5. Nothing contained herein shall be construed to prohibit CITY from imposing fees, taxes or assessments on the Property which aze unrelated to the implementation of the project. 13.7 OWNER Assessment District. With the understanding that CITY has not reviewed or received any information conceming any Assessment Districts proposed by OWNER for the Project and has not reached any conclusion on the desirability or feasibility of their implementation, OWNER and CITY agree to work in good faith towazd establishing Assessment Districts to implement the Project. OWNER and CITY shall work in good faith to agree on all matters related to Assessment District formation and bond issuance, including: selection of legal, financial and administrative consultants and bond underwriters, type of Assessment District to be formed, financing structure, and other related legal, financial and administrative matters. Section 14. COVENANTS. CONDITIONS AND RESTRICTIONS. In consideration for CITY entering into this Development Agreement and other consideration set forth in this Agreement, OWNER agrees to record unsubordinated covenants, conditions and restrictions (CC&Rs) applicable to the Property in a form and content satisfactory to the Planning Director and the City Attorney incorporating the requirements and obligations set forth in Exhibit"E" to this Agreement, entitled the "Development Requirements and Maintenance Obligations." 737532.Ofi/OC 15869-003/9-1-05/wrd/lyl - t 8- Section 15. NEXUS/REASONABLE RELATIONSHIP CHALLENGES. OWNER consents to, and waives any right it may have now or in the future to challenge--- the legal validity of the conditions, requirements, policies or programs required by existing land use regulations or this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose. an unlawful tax. In entering into this Development Agreement, OWNER acknowledges that those conditions of approval set forth herein in Exhibit "B" of this Development Agreement which require completion of certain tasks prior to either submission or approval of the first Master Tentative or Final Tract Map, Final Site Plan or builder tentative or final parcel or tract map aze conditions of said maps and Final Site Plan required to implement the Master Site Plan and are not necessarily based upon the content of said first map or Final Site Plan. OWNER waives any objection to imposition of said conditions which may otherwise be asserted based upon permitted conditions, exactions and fees set forth in the Subdivision Map Act, and will notify all successors and assigns of the applicability of these provisions prior to transfer of any interest in the Property. Section 16. TIMING OF DEVELOPMENT. Timing of Development shall be as set forth in the Master Site Plan. Section 17. EXISTING USES. CITY and OWNER agree that those existing legally established uses on the Property may be retained until the Project is implemented. When those existing uses. are demolished, no credit for any such demolished square footage for which Interim Development Fees have not been paid will be given OWNER against Interim Development Fees due on a squaze footage basis as: provided for in this Development Agreement. OWNER will pay the full Interim Development Fees for Permitted Development constructed pursuant to the Master Site Plan. Secfion 18. FUTURE APPROVALS. 18.1 Basis for Denying or Conditional Granting Future Approvals. Before OWNER can begin grading on the Property or other development of the Property, OWNER must secure 15 several additional permits and/or approvals from CITY.. The parties agree that to the extent said Development Approvals are ministerial in nature, CITY shall not, through the enactment or enforcement of any subsequent ordinances, rules, regulations, initiatives, policies, requirements, guidelines, or other constraints, withhold such approvals as a means of blocking construction or of imposing conditions on the Project which were not imposed during an earlier approval period unless CITY has been ordered to do so by a court of competent jurisdiction. Notwithstanding the previous sentence, CITY and OWNER will use their best efforts to ensure each other that all applications for and approvals of grading permits, building permits or other developmental approvals necessary for OWNER to develop the Project in accordance with the Master Site Plan are sought and processed in a timely manner. 18.2 Standard of Review. The rules, regulations and policies that apply to any additional Development Approvals which OWNER must secure prior to the Development of the Property shall be the Existing Land Use Regulations, as defined in this Development Agreement. 73757?.O6/OC LSB69-003/9-I-05/wrti/IyI -t9- 18.3 Future Amendments to Master Site Plan. Future amendments to all or a portion of the Master Site Plan which increase the intensity or density of the Development of the Property, or change the permitted uses of the Property, and' are not among those described in Section 19.4 of this Development Agreementmay subject the portion br portions of the Project being amended or affected by the amendment to any change in the CITY's General Plan, zoning designations and rules applicable to the Property and further environmental review and possible mitigation of adverse impacts under CEQA in effect at the time of such amendment. Any such amendment to the Master Site Plan shall be processed concurrently with the processing of an amendment to this Development Agreement.. It is the desire and intent bf both parties, except as set forth herein, that any such future amendment of the Master .Site Plan will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Development Agreement with respect to the unamended portions of the Master Site Plan. Section 19. AMENDMENT: 19.1 Initiation of Amendment. Either party may propose an amendment to this Development Agreement. 19.2 Procedure. Except as set forth in Section 19.4 below, the procedure for proposing and adopting an amendment to this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution. 19.3' Consent: Except as provided in Section 16.3 and 28 of this Development Agreement, any amendment to this Development Agreement shall require the consent of both parties. No amendment of this Development Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each party hereto. 19.4 Amendments. Subject to the foregoing provisions of this Section, the parkies acknowledge that refinements and further development of the Project may demonstrate that 16 changes are appropriate with respect to the details and performance of the parties under this Development Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development of the Project and with respect to those items covered in general terms'under this Development Agreement. If and when the parties find that changes or adjustments are necessary' or appropriate to further the intended purposes of this Development Agreement, they may, unless otherwise required by law, effectuate such changes or adjustments as specified in the Development Approvals. 19.5 Effect of Amendment to Development Agreement. The parties agree that except as expressly set forth in any such amendment, an amendment to this Development Agreement will not alter, affect, impair, modify, waive or otherwise impact .any other rights, duties or obligations of either party under this Development Agreement: Section 20. RESOLUTION OF INTENT AND USES FOR THE PROPERTY. 20..1 Non-Cancellation of Rights. Subject to defeasance pursuant to Sections 26, 27 or 28 of this Development Agreement, the Master Site Plan and other Development Approvals as ~3~s3z.ae/oc ISB69-003/9-I-OS/wrtUlyl -2~- provided for in this Development Agreement shall be final and the rights once granted thereby shall be vested in the Property upon recordation of this Development Agreement. Section 21. BENEFITS TO CITY: The direct and indirect benefits CITY (including, without limitation, the existing and future anticipated residents of CITY) expects to receive pursuant to this Development Agreement include, but aze not limited to, the following: The participation of OWNER in the accelerated, coordinated and more economic construction, funding and dedication to the public, as provided in this Development Agreement, of certain of the vitally needed on-site and area-wide public improvements and facilities, and assurances that the entire Project will be developed as set forth in the Master Site Plan and this Development Agreement in order to encourage development of The Platinum Triangle; and the considerations set forth in Sections 9 and 11 of this Development Agreement. Section 22. BENEFITS TO OWNER. OWNER has expended and will continue to expend lazge amounts of time and money on the planning and infrastructure construction for the Project. OWNER asserts that OWNER would not make any additional expenditures, or the advanced expenditures required by this Development Agreement, without this Development Agreement and that any additional expenditures which OWNER makes after the Development Agreement Date will be made in reliance upon this Development Agreement. Without limiting the generality of the foregoing, this Development Agreement provides for the completion of public improvements and facilities prior to the time when they would be justified economically in connection with the phasing of the Project, and of a size which would be justified only by the magnitude of the Project provided for by the Master Site Plan and this Development Agreement. The benefit to OWNER under this Development Agreement consists of the assurance that OWNER will preserve the right to develop the Property as planned and as set forth in the Master Site Plan. and this Development Agreement. The parties acknowledge that the public benefits to be provided by OWNER to CITY pursuant to this Development Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Master Site Plan and this Development Agreement. Section 23. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PRf1M(1TFTl RV TIA.VFT (1PMFNT ArRR.FMFNT RTATTTTF The mutual undertakings and assurances described above and provided for in this Development Agreement aze for the benefit of CITY and OWNER and promote the comprehensive planning, private and public cooperation and participation in the provision of public facilities, and the effective and efficient development of infrastructure and facilities supporting development which was contemplated and promoted by the Development Agreement Statute. CITY agrees that it will not take any actions which aze intended to circumvent this Development Agreement; provided, however, that any action of the electorate shall not be deemed an action for purposes of this section. 737632..06/OC L5869-003/9-1-06hvcd/lyl ~2t- Section 24. RESERVED AUTHORITY. 24.1 State and Federal Laws and Reeulations. In the event that the State or Federal laws or regulations enacted after this Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, such provisions of the Development Agreement shall be modified or suspended as maybe necessary to comply with such State or Federal laws or regulations, provided, however, 'that this Development Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, CITY shall not adopt or undertake any rule, regulation or policy which is inconsistent with this Development Agreement until CITY makes a finding that such rule, regulation or policy is reasonably necessary to comply with such State and Federal laws or regulations. 24.2 Modei Codes. This Development Agreement shall not prevent CITY from applying new rules, regulations and policies contained in model codes, including, but not limited to, the Anaheim Building Code as adopted in Title 15, Section 15.02. 24.3 Public Health and Safety. This Development Agreement shall not prevent CITY from adopting new rules, regulations and policies, including amendments or modifications to model codes described in Section 23.2 of this Development Agreement which directly result from findings by CITY that failure to adopt such rules, regulations or policies would result in a condition injurious or detrimental to the public health and safety: Notwithstanding the foregoing, CITY shall not .adopt any such rules, regulations or policies which prevent or preclude compliance with one or more provisions of this Development Agreement until CITY makes a finding that such rules, regulations or policies aze reasonably necessary to correct or avoid such injurious or detrimental condition.. Section 25. CANCELLATION. 25.1. Initiation of Cancellation. Either party may propose cancellation of this Development Agreement... _ 25.2 Procedure. The procedure for proposing a cancellation of and canceling this Development Agreement shalLbe the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures aze set forth in Sections 2, 3 and 5 of the Procedures Resolution and Section 65868 of the Government Code. 25.3 Consent of Parties. Any cancellation of this Development Agreement shall require the mutual consent of OWNER and CITY. Section 26. PERIODIC REVIEW. 26.1 Time for Review. CITY shall, at least every twelve (12) months after the. Development Agreement Date, review the extent of good faith compliance by OWNER with the terms of this Development Agreement. OWNER's failure to comply with the timing schedules set forth in the Master Site Plan shall constitute rebuttable evidence of OWNER's lack of good faith compliance with this Development Agreement. Such periodic review shall determine 737532.06/OC L5869-003/9-1-OS/wid/lyl -22- compliance with the terms of this Development Agreement pursuant to California Government Code Section 65865.1 and other successor laws and regulations. 26.2 OWNER's Submission. Each yeaz, not less than forty-five (45) days nor more than sixty (60) days prior to the anniversary of the Development Agreement Date, OWNER shall submit evidence to the City Council of its good faith compliance with the terms and conditions of this Development Agreement. OWNER shall notify the City Council in writing that such evidence is being submitted to CITY pursuant to the requirements of Section 6.2 of the Procedures Resolution. OWNER shall pay to CITY a reasonable processing fee in an amount as CITY may reasonably establish from time to time on each occasion that OWNER submits its evidence for a periodic review. 26.3: Findines. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine, on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and condifions of this Development Agreement:. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non- compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towazds such end. If during the cure period, OWNER fails to cure such noncompliance or is nofmaking reasonable good faith progress towazds such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 28 of this Development Agreement. 25.4 26.4 Initiation of Review by City Council. In addition to the periodic review set forth in this Development Agreement, the City Council may at any time initiate a review of this Development Agreement upon the giving of written notice thereof to OWNER. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the City Council of OWNER's good faith compliance with this Development Agreement and such review and determination shall proceed in the manner as otherwise provided in this Development Agreement. Section 27. EVENTS OF DEFAULT. 27.1 Defaults by OWNER. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non-compliance take more than sixty (60) days, then CITY shall give. OWNER additional time provided that OWNER is making reasonable progress towazds such end. If during the cure period OWNER fails to cure such non-compliance or is not making reasonable progress towards such end, then the City Council may, at its discretion, proceed to 737632.06/OC [5869-003/9-1-05/wId/lyl -23- modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 27 of this Development Agreement. 27.2 Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its pre-existing condition once implementation of this Development Agreement has begun. After such implementation,. OWNER maybe foreclosed from other choices it may have had to utilize the Property and provide for other benefits. OWNER has invested significant time and resources and performed extensive planning and processing of the. Project in agreeing to the terms of this Development Agreement and will be investing even more significant time in implementing the Project in reliance upon the terms of this Development Agreement, and it is not possible to determine sum of the money which would adequately compensate OWNER for such efforts. For the above reasons, CITY and OWNER agree that damages would not be an adequate remedy if CITY fails to carry out its obligations under this Development Agreement. Therefore, specific performance of this Development Agreement is the only remedy which would compensate OWNER if CITY fails to carry out its obligations under this Development Agreement, and CITY hereby agrees that OWNER shall be entitled to specific performance in the event of a default by CITY hereunder. CITY and OWNER acknowledge that, if OWNER fails to carry out its obligations under this Development Agreement, CITY shall have the right to refuse to issue any permits or other approvals which OWNER would otherwise have been entitled to pursuant to this Development Agreement. If CITY issues a permit or other approval pursuant to this Development Agreement in reliance upon a specified condition being satisfied by OWNER in the future, and if OWNER then fails to satisfy such condition, CITY shall be entitled to specific performance for the sole purpose of causing OWNER to satisfy such condition. The CITY's right to specific performance shall be limited to those circumstances set forth above, and CITY shall have no right to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner. 27.3. Liquidated Damages Remedy.. The parties hereto .agree that this Development Agreement creates an obligation and duty upon OWNER to undertake and complete development of the Project within the time and manner specified herein. In the event OWNER breaches this Development Agreement by failing to undertake and complete development of the Project within the time and manner specified herein, the parties further agree that CITY will suffer actual damages as a result thereof, the amount of which is uncertain and would be impractical or extremely difficult to fix; therefore, OWNER agrees to pay CITY, in the event of any such breach by OWNER, the sum of Five Million Six Hundred Thousand Dollars ($5,600,000) as liquidated and actual damages which sum shall be in addition to any other remedies available to CITY as a result of such breach pursuant to this Section 26. The amount of liquidated damages shall be reduced by One Million Four Hundred Thousand Dollars ($1,400,000) at the end of each Extension Period as set forth in Exhibit "G", provided the referenced development agreement milestones have been successfully completed. Section 28. MODIFICATION OR TERMINATION. If pursuant to Section 26. T of this Development Agreement, CITY elects to modify or terminate this Development Agreement or establish a revised time schedule for compliance as herein provided, then CITY shall proceed as set forth in this Section. ~3~s3z.a~/oc 15869-003/9-I-05/wrd~Iyl -24- 28.1 Norice to OWNER. CITY shall give notice to OWNER of City Council's intention to proceed to modify or terminate this Development Agreement or establish a time schedule for compliance within ten (10) days of making the CITY's findings. 28.2 Public Hearine. The City Council shall set and give notice of a public hearing on modification, termination or a time schedule for compliance to be held within forty-days after the City Council gives notice to OWNER. 28.3 Decision. The City Council shall announce its findings and decisions on whether this Development Agreement is to be terminated, how this Development Agreement is to be modified or the provisions of the Development Agreement with which OWNER must comply and a time schedule therefore not more than ten (10) days following completion of the public hearing.. 28.4 Implementation. Amending or terminating this Development Agreement shall be accomplished by CITY enacting an ordinance. The ordinance shall recite the reasons ~~-hich. in the opinion of the CITY, make the amendment or termination of this Development Agreement necessary. Not later then ten (10) days following the adoption of the ordinance, one cups thereof shall be forwarded to OWNER. This Development Agreement shall be terminated or this. Development Agreement as modified shall become effective on the effective date of the ordinance terminating or modifying this Development Agreement. 28.5 Schedule for Compliance. Setting a reasonable time schedule for comphancc with this Development Agreement maybe accomplished by CITY enacting a resolution. The resolution shall recite the reasons which, in the opinion of CITY, make it advisable to set a schedule for compliance and why the time schedule is reasonable. Not later than ten (10) days following adoption of the resolution, one copy thereof shall be forwarded to OWNER. Compliance with any time schedule so established as an alternative to amendment or termination shall be subject to periodic review as provided in this Development Agreement and lack of good faith compliance by OWNER with the time schedule shall be basis for termination or modification bf this Development Agreement.. Section 29: ASSIGNMENT. 29.1 Rip_ttt to Assign. OWNER shall have the right to sell, mortgage, hypothecate, assign or transfer this Development Agreement, and any and all of its rights, dufies and obligations hereunder, to any person, partnership, joint venture, firm or corporation at any time during the term of this Development Agreement, provided that any such sale, mortgage, hypothecation; assignment or transfer must be pursuant to a sale, assignment or other transfer of the interest of OWNER in the Property, or a portion thereof. In the event of any such sale, mortgage, hypothecation, assignment or transfer, (a) OWNER shall nofify CITY of such event and the name of the transferee, together with the corresponding entitlements being transferred to such transferee and (b) the agreement between OWNER and such transferee shall provide that either OWNER or the transferee or both shall be liable for the performance of all obligations of OWNER pursuant to this Development Agreement and the Development Approvals. Such transferee and/or OWNER shall notify CITY in writing which entity shall be liable for the performance of such obligations, and upon the express written assumption of any or all of the obligations of OWNER under this Development Agreement by such assignee, transferee or purchaser shall, without any act of or concurrence by CITY, relieve OWNER of its legal duty to 737532.06/OC L5869-003/9-1-05/wrd/lyl -25- perform said obligations under this Development Agreement with respect to the Property or portion thereof, so transferred, except to the extent OWNER is not in default under the terms of this Development Agreement. .. ,.. __ 29.2 Release Uoon Transfer. It is understood and agreed by the parties. that the Property maybe subdivided following the Development Agreement Date. One or more of such subdivided parcels maybe sold, mortgaged, hypothecated, assigned or transferred to persons for development by them in accordance with the provisions of this Development Agreement. Effective upon such sale, mortgage, hypothecation, assignment or transfer, the obligations of OWNER shall become several and not joint, except as to OWNER's obligations set forth in Section 10 of this Development Agreement. Upon the sale, transfer, or assignment of OWNER's rights and interests under this Development Agreement as permitted pursuant to the Section 28..1 above, OWNER shall be released from its obligations under this Development Agreement with respect to the Property, or portion thereof so transferred, provided that (a) OWNER is not then in default under this Development Agreement, (b) OWNER has provided to CITY the notice of such transfer specified in Section 29.1 above, (c) the transferee executes and delivers to CITY a written agreement in which (i) the name and address of the transferee is set forth and (ii) the transferee expressly and unconditionally assumes all the obligations of OWNER under this Development Agreement and the Development Approvals with respect to the property, or portion thereof, so transferred and (d) the transferee provides CITY with security equivalent to any security provided by OWNER to secure performance of its obligations under this Development Agreement or the Development Approvals. Non-compliance by any such transferee with the terms and conditions of this DevelopmentAgreement shall not be deemed a default hereunder or grounds for termination hereof or constitute cause for CITY to initiate enforcement' action against other persons then owning or holding interest in the Property or any portion thereof and not themselves in default hereunder: Upon completion of any phase of development of the Project as determined by CITY, CITY may release that completed phase from any further obligations under this Development Agreement. The provisions of this Section shall be self-executing and shall not require the execution or Yecordation of any further document or instrument.` Any and all successors, assigns and transferees of OWNER shall have all of the same rights, benefits and obligations of OWNER as used in this Development Agreement and the term "OWNER" as used in this Development Agreement shall refer to any such successors, assigns and transferees unless expressly provided herein to the contrary. Section 30. NO CONFLICTING ENACTMENTS. 13y entering into this Development Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Project in accordance with the terms and conditions of this Development Agreement, and in accordance with, and to the extent of, the Development Approvals: By entering into this Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and general welfare. CITY therefore agrees that except as provided in Section 23 of this Development Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance or other measure which relates to the rate, timing or sequencing of the Development or construction of all or any part of the Project and which is inconsistent or in conflict with this Development Agreement. 737532.06/OC L5869-003/9-1-OS/wM/Iyl -2O- Section 31. GENERAL. 31.1 Force Majeure. The Term of this Development Agreement and the time within which OWNER shall be required to perform any act under this Development Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably by strikes, lock-outs, Acts of God, failure or inability to secure materials or labor by reason of priority or similaz regulations or order of any governmental or-regulatory body, initiative or referenda, moratoria, enemy action, civil disturbances, fire, unavoidable casualties, or any other cause beyond the reasonable control of OWNER. 31.2 Construction of Development Agreement. The language in all parts of this Development Agreement shall in all cases, be construed as a whole and in accordance with its fair meaning. The captions of the pazagraphs and subparagraphs of this Development Agreement are for convenience only and shall not be considered or referred to in resolving questions of constructions. This Development Agreement shall be governed by the laws of the State of California. The parties understand and agree that this Development Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of CITY, and in particular, the CITY's police powers. In this regazd, the parties understand and agree that this Development Agreement shall not be deemed to constitute the surrender or abnegation of the CITY's governmental powers over the Property. 31.3 Severabilitv. If any provision of this Development Agreement shall be adjudged to be invalid, void or unenforceable, such provision shall in no way affect, impair or invalidate any other provision hereof, unless such judgment affects a material part of this Development Agreement, the parties hereby agree that they would have entered into the remaining portions of this Development Agreement not adjudged to be invalid, void or illegal. In the event that all or any portion of this Development Agreement is found to be unenforceable, this Development Agreement or that portion which is found to be unenforceable shall be deemed to be a statement of intention by the parties; and the parties further agree that in such event they shall take all steps necessary to comply with .such public hearings and/or notice requirements as may be necessary in order to make valid this Development Agreement or that portion which is found to be unenforceable. Notwithstanding any other provisions of this Development Agreement, in the event that any material provision of this Development Agreement is found to be unenforceable, void or voidable, OWNER or CITY may terminate this Development Agreement in accordance with the provisions of the Development Agreement Statute and the Procedures Resolution. 31.4 Cumulative Remedies. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation, including suits for declazatory relief, specific performance, relief in the nature of mandamus and actions for damages. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. 31.5 Hold Harmless Agreement. OWNER and CITY hereby mutually agree to, and shall hold each other, each other's elective and appointive councils, boards, commissions, officers, partners, agents, representatives and employees harmless from any liability for damage or claims for damage for personal injury, including death, and from claims for property damage 737532.06/OC L5869-003/9-1-OS/wrd/lyl -27- which may arise from the activities of the other's or the other's contractors', subcontractors', agents', or employees' which relate to the Project whether such activities be by OWNER or CITY, or by any of the OWNER's or the CITY's contractors, subcontractors, or by any one or more persons indirectly employed by, or acting as agent for OWNER any of the OWNER's or the CITY's contractors or subcontractors. OWNER and CITY agree to and shall defend the other and the other's elective and appointive councils, boazds; commissioners, officers, partners, agents, representatives and employees from any suits or actions at law or in equity for damage caused or alleged to have been caused by reason of the aforementioned activities which relate to the Project. 31.6 Cooperation in the Event of Le ag 1 Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Development Agreement and/or the Development Approvals, the parties hereby agree to cooperate fully with each other in defending said action and the validity of each provision of this Development Agreement, however, OWNER shall be liable for all leeal expenses and costs incurred in defending any such action. OWNER shall be entitled w choose legal counsel to defend against any suchlegal action and shall pay any attorneys' fec~ a~carded against CITY or OWNER; or both, resulting from any such legal action. OWNER shall hr entitled to any awazd ofattorneys'fees arising out of any such legal action. 31.7 Public Agency Coordination. CITY and OWNER shall cooperate and use their respective best efforts in coordinating the implementation of the Development Appnn als W uh other public agencies, if any, having jurisdiction over the Property oi• the Project. 31.8 Initiative Measures. Both CITY and OWNER intend that this Development Agreement is a legally binding contract which will supersede any initiative, measure; moratorium, referendum, statute, ordinance or other limitation (whether relating to the rate, timing or sequencing of the Development or construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting pazcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use approved, issued or granted within the CITY, or portions of the CITY; and which Agreement shall apply to the Project to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation is inconsistent or in conflict with this Development Agreement. Should an initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be enacted by the citizens of CITY which would preclude construction of all or any part of the Project, and to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Development Agreement, OWNER shall have no recourse against CITY pursuant to the Development Agreement, but shall retain all other rights, claims and causes of action under this Development Agreement not so invalidated and any and all other rights, claims and causes of action as ]aw or in equity which OWNER may have independent of this Development Agreement with respect to the project. The foregoing shall not be deemed to limit OWNER's right to appeal any such... determination that such initiative, measure, referendum, statute, ordinance or other limitation invalidates or prevails over all or any part of this Development Agreement. CITY agrees to cooperate with OWNER in all reasonable manners in order to keep this Development Agreement in full force and effect, provided OWNER shall reimburse CITY for its out-of-pocket expenses 737532.06/OC 13869-003/9-1-OS/wId/ly( -2$- incurred directly in connection with such cooperation and CITY shall not be obligated to institute a lawsuit or other court proceedings in this connection. ., 31.9 Attorneys' Fees. In the event of any dispute between the parties involving the covenants or conditions contained in this Development Agreement, the prevailing party shall be entitled to recover reasonable expenses, attorneys fees and costs. 31.10 No Waiver. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Development Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either gamy of any of the covenants or conditions to be performed by the other party shall not be construed as a waiver of any succeeding breach of non- performance of the same or other covenants and conditions hereof. 31.1 L Authority to Execute. The person executing this Development Agreement on behalf of OWNER warrants and represents that he/she has the .authority to execute this Development Agreement on behalf of his/her partnership and represents that he/she has the authority to bind OWNER to the performance of OWNER's obligations hereunder 31..12 Notice. 31.12.1 To OWNER. Any notice required or permitted to be given by CITY to OWNER under or pursuant to this Development Agreement shall be deemed sufficiently given if in writing and delivered personally to an officer of OWNER or mailed with postage thereon fully prepaid, registered or certified mail, return receipt requested, addressed to OWNER as follows: Lennaz Platinum Triangle, LLC 25 Enterprise Aliso Viejo, California 92656 Attention: Richazd Knowland or such changed address as OWNER shall designate in writing to CITY, With a copy to Allen Matkins Leck Gamble & Mallory, LLP 1900 Main Street, 5`h Floor Irvine, California 92614. Attn: William R. Devine, Esq. 31.12.2 To CITY. Any notice required or permitted to be given to CITY under or pursuant to this Development Agreement shall be made and given in writing, if by mail addressed to: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92803 737532.06/OC LSBfi9-003/9-1-05/wId/lyl -29- or such changed address as CITY shall designate in writing to OWNER: With copies to: __ City Manager City of Anaheim P.O. Box 3222 - Anaheim, California 92803 City Attomey City of Anaheim P.O. Box 3222 Anaheim, California 92803 and if personally delivered to the City Clerk, at the Anaheim Civic Center, 200 S. Anaheim. Blvd., Anaheim, California; together with copies mazked for the City Manager and the City Attomey or, if so addressed and mailed, with postage thereon fully prepaid, registered or certified mail, return receipt requested, to the City Council in care of the City Clerk at the above address with copies likewise so mailed to the City Manager and the City Attomey, respectively and also in Gaze of the City Clerk at the same address. The provisions of this Section shall be deemed permissive only and shall not detract from the validity of any notice given in a manner which would be legally'effective in the absence of this Section, 31.13 Captions: The captions of the paragraphs and subpazagraphs of this Development Agreement aze for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. 31.14 Consent. Any consent required by the parries in carrying out the terms of this Development agreement shall not unreasonably be withheld. 31.15 Further Actions and Instruments. Each of the parties .shall cooperate with and provide reasonable to the other to the extent contemplated hereunder in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. Upon the request of either party at any time, the other pazty shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill the provisions of this Development Agreement or to evidence or consummate the transactions contemplated by this Development Agreement. 31.16 Subsequent Amendment to Authorizing Statute. This Development Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute in effect as of the Development Agreement Date. Accordingly, subject to Section 23.1 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Development Agreement, such amendments shall not be applicable to this Development Agreement unless necessary for this Development Agreement to be enforceable or unless this Development Agreement is modified pursuant to the provisions set forth in this Development 737532.Ofi/OC L5869-003/9-I-OS/wrd/lyl -30- Agreement .and Government Code Section 6586$ as in effect on the Development Agreement Date. 31.17 Govemine Law. This Development Agreement, including, without limitation, its existence, validity, construction and operation, and the rights of each of the parties shall be determined in accordance with the laws of the State of California, 31.18 Effect on Title. OWNER and CITY agree that this Development Agreement shall not continue as an encumbrance against any portion of the Property as to which this Development Agreement has terminated. 31.19. Mortgagee Protection. Entering into or a breach of this Development Agreement shall not defeat; render invalid,. diminish, or impair the lien of Mortgagees having a mortgage on any portion of the Property made in good faith and for value, unless otherwise required by law. No Mortgagee shall have an obligation or duty under this Development Agreement to perform OWNER's obligations, or to guarantee such performance prior to any foreclosure or deed in lieu thereof..: 31.20 Notice of Default to Mortgagee, Ri t of Mortgagee to Cure. If the City Clerk timely receives notice from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Development Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER: The Mortgagee shall have the right; but not the obligation, for a period up to ninety (90) days after the receipt of such notice from CITY to cure or remedy, or to commence to cute or remedy the default unless a further extension of time to cure is granted in writing by CITY. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee'shall seek to obtain possession with diligence and continually through' foreclosure, a receiver or otherwise,' and shall thereafter remedy or cure the default or non- compliance within thirty (30) days after obtaining possession. If any such default or non compliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or non-compliance if such Mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 31.21 Bankruptcy. Notwiffistanding the foregoing provisions of Section 30.20 of this Development Agreement, if any Mortgagee is prohibited from commencing or pursues and prosecuting foreclosure or other appropriate proceedings in the nature thereof by any process or injunction issued by any court or by reason bf any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving CITY, the times specified in this Section for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition: 31.22 Disaffirmance. 31.22.1 CITY agrees that inthe event of temunation of this Agreement by reason of any default by CITY, or by reason of the disaffirmance hereof by a receiver, liquidator or trustee for OWNER or its property, CITY, if requested by any Mortgagee, shall enter into a new Development Agreement for the Project with the most senior Mortgagee requesting such new agreement, for the remainder of the Term, effective as of the date of such termination, upon the 737532.06/OC 15869-003/9-I-OS/wrcNyl -3t- terms, provisions, covenants and agreements as herein contained to the extent and subject to the law then in effect, and subject to the rights, if any, of any parties then in possession of any part of the Property, provided: -- ----- 31.22.2 The Mortgagee shall make written request upon CITY for the new Development Agreement for the Project within thirty (30) days .after the date of termination; 31.22.3.. The Mortgagee shall pay to CITY at the time of the execution and delivery of the new Development Agreement for the Project expenses, including reasonable attorneys' fees, to which CITY shall have been subjected by reason of OWNER's default; and 31.22.4.. The Mortgagee shall perform and observe all covenants herein contained on OWNER's part to be performed, and shall further remedy any other conditions which OWNER under the terminated agreement was obligated to perform under its terms, to the extent the same are curable or may be performed by the Mortgagee. 31.22.5 Nothing herein contained shall require any Mortgagee to enter into a new agreement pursuant to Section 30.22.1 above, nor to cure any default of OWNER referred to above. 31.23 No Third Party Beneficiaries. This Development Agreement and all provisions hereof is made and entered into for the sole protection and benefit of CITY, OWNER and their successors and assigns. No other person shall have right of action based upon any provision in this Development Agreement.. 31.24 Project as a Private Undertakine. It is specifically understood and agreed by and between the parties hereto that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, join venture or other association of any kind is formed by this Development Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such private FroPertY• 31.25 Restrictions. Property OWNER shall place in any agreements to sell or convey any interest in the Property or any portion thereof, provisions making the terms of this.. Development Agreement binding on any successors in interest of OWNER and express provision for OWNER or CITY, acting separately or jointly, to enforce the provisions of this Development Agreement and to recover attorneys' fees and costs for such enforcement. 31.26 Recitals. The recitals in this Development Agreement constitute part of this Development Agreement and each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Development Agreement. 31,27 Recordine. The City Clerk shall cause a copy of this Development Agreement to be executed by CITY and recorded. in the Official Records of Orange County no later than ten (10) days after CITY approves this Development Agreement. 737532.ONOC L5869-003/9-I-OS/wrd/lyl -32- 31.28 Title Report. CITY is required to sign this Development Agreement only after OWNER has provided CITY with a satisfactory preliminary title report evidencing and showing OWNER's legal and equitable ownership interest in the Property, current within six (6) months, - unencumbered except for the exceptions (hereinafter the "Permitted Exceptions") set in the preliminary title report for the Property dated ,attached hereto as Exhibit !'F" (the "Preliminary Title Report"). Any instrument of monetary encumbrance such as a deed of trust or a mortgage entered into subsequent to the date of the Preliminary Title Report and prior to the Development Agreement Date, shall contain language expressly subordinating such instruments of monetary encumbrance to the provisions of this Development Agreement. OWNER shall present evidence, satisfactory to CITY, of OWNER's legal title to Property, subject only to the Permitted Exceptions and any such subordinated instruments of monetary encumbrance, at the time of recordation of this Agreement, or a memorandum thereof. 31.29 Entire Agreement. This Development Agreement, constitutes the entire agreement between the parties with respect to the subject matter of this Development Agreement, and this Development Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 31.30 Successors and Assiens. The burdens of the Development Agreement shall be binding upon, and the benefits of the Development Agreement inure to all successors in interest and assigns of the parties to the Development Agreement. 31.31 OWNER's Title of Property. Neither party hereto shall be bound by any provision of this Agreement unless and until OWNER shall record this Development Agreement or a memorandum thereof, in the office of the County Recorder of the County sufficient to cause this Agreement and the obligations contained herein to attach to and encumber OWNER's fee title to Property. 31.32 Exhibits. All exhibits, including attachments thereto, are incorporated in this Development Agreement in their entirety by this reference. 737632.06/OC L6869-003/9-1-05/wrd/IyI -33- IN WITNESS WHEREOF, CITY and OWNER have executed this Development Agreement as of the date and year first above written. CITY: CITY OF ANAHEIM, a municipal corporation By Mayor By: Print Name: Print Title: ATTEST: SHERYLLSCHROEDER City Clerk APPROVED AS TO FORM: JACK L. WHITE City Attorney OWNER/DEVELOPER: By:. [SIGNATURES CONTINUED ON NEXT PAGE] 737532.Ofi/OC ISBfi9-003/9-1-OS/wrd/lyl -34- STATE OF ) ss. COUNTY OF ) On this day of , 20_, be undersigned, a Notary Public for the State of California duly commissioned and sworn, personally appeared personally known to me or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as Mayor of the City of Anaheim, the municipal corporation executing the within instrument, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. [SEAL] STATE OF ) ss. COUNTY OF ) On , 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeazed personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as on behalf of the corporation therein named that executed the within instrument, and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this day of , 20 , before me, the undersigned, a notary public for the State of Califonaa, duly commissioned and sworn, personally appeazed SHERYLL SCHROEDER, personally known to me or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as City Clerk of the City of Anaheim, the municipal corporation executing the within instrument, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public [SIGNATURES CONTINUED ON NEXT PAGE] 737532.06/OC Ci869-003/9-7-05/wrd/lyl -3$- SELLER/OWNER: SELLER/OWNER: JAU-SONG JAN and TWU CHLJN-LAN JAN, _ _ _ ._. Co-Trustees for the Jau-Song and Twu Chun-Lan Jan 1998 Family Trust, as community property By: Name: _ Title: By: Name: _ Title: STATE OF _ COUNTY OF ss. On , before me, , a Notary Public in and for said state, personally appeazed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. STATE OF COUNTY OF ) ss. On ,before me, , a Notary Public in and far said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that byhis/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [SIGNATURES CONTINUED ON NEXT PAGE] 737532.06/OC 15869-003/9-I-OS/wrMyl -3O- KENG TONG TAING AND SING LOR TAING, Trustees of the Taing Family Trust dated May 21, 2001 By; Name: _ Title: By: Name: _ Title: STATE OF COUNTY OF ss. On before me, , a Notan Puhlic in and for said state, personally appeazed _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he she curutcd the same in his/her authorized capacity, and that by his/her signature on the instrument. thr person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. STATE OF COUNTY OF ss. On , before me, , a Notary Public in and for said state, personally appeazed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that byhis/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. I [SIGNATURES CONTINUED ON NEXT PAGE) 737532.06/pC L5869-003/9-I-05lw`d/lyl -3~- CARSON ESTATE TRUST, a Maryland Real Estate Investment Trust By: Name: Title: STATE OF ) ss. COUNTY OF ) On , before me, , a Notary Public in and for said state, personally appeazed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that byhis/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [SIGNATURES CONTINUED ON NEXT PAGE] 737532.06/OC L58fi9-003/9-1-OS/wrtVlyl -.3$- STATE COLLEGE PARTNERS, a California general partnership Bv: Name: Title: STATE OF ) ss. COUNTY OF 1 On , before me, , a Notazy Public in and for said state, personally appeazed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that byhis/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [SIGNATURES CONTINUED ON NEXT PAGE] ~3~s3z.aeroc 15 8 69-003/9-1-0 5 /wrd/Iyl -39- AMIN A. LAKHANI and HASINA A. LAKHANI, husband and wife as joint tenants By: Name: _ Title: By: Name: _ Title: STATE OF COUNTY OF ss. On ,before me, , a Notan Public in and for said state, personally appeazed personally known to me (or proved to me on the basis of satisfactory evidence) to be thr pcrnon whose name is subscribed to the within instrument and acknowledged to me that he she c~ccutcd the same in his/her authorized capacity, and that by his/her signature on the instrument. the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. STATE OF COUNTY OF ss. On , before me, , a Notary Public in and for said state, personally appeazed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that byhis/her signature on the instrtument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [SIGNATURES CONTINUER ON NEXT PAGE] 737532.06/OC LSBfi9-003/9-I-OS/wrcUlyl -~t(1- SELLER/OWNER: DON H. WATSON TRUST By: Name: Title: STATE OF ) ss. COUNTY OF ) On , before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [SIGNATURES CONTINUED ON NEXT PAGE] 737532.06/OC L5869-003/9-1-OS/wrd/lyl -41- JULIUS REALTY CORPORATION, a New Jersey corporation By: Name: Title: STATE OF _ COUNTY OF ss. On ,before me, , a Notary Public in and for said state, personally appeazed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [SIGNATURES CONTINUED ON NEXT PAGE] 737532.Ofi/OC CSBfi9-003/9-I-05/wrd/Iyl -42- TRAFFIC CONTROL SERVICE INC., a California corporation By: Name: Title: STATE OF ) ss. COUNTY OF ) On ,before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [SIGNATURES CONTINUED ON NEXT PAGE] 737532.06/00 L5869-003/9-1-OS/wrtl/lyl -43- RENE D. ONG and JOSELITO D. ONG, each anindividual By: Name: Title: By: Name: Title: STATE OF COUNTY OF ss. On , before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that byhis/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. STATE OF COUNTY OF ss. On , before me, , a Notazy Public in and for said state, personally appeazed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [SIGNATURES CONTINUED ON NEXT PAGE] 737532A6/OC L3B69-003/9-I-OS/wrd/lyl -~- ROGER C. TREICHLER, anindividual By: Name: Title: STATE OF ) ss. COUNTY OF 1 On , before me, ' , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [SIGNATURES CONTINUED ON NEXT PAGE] 737532.06/OC LSBfi9-003/9-1-05/wrd/lyl -(45- STOVALL FAMILY LIMITED PARTNERSHIP, L.P. By: Name: Title: STATE OF COUNTY OF ss. On ,before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [SIGNATURES CONTINUED ON NEXT PAGE] 737532.06/OC L5869-003/9-1-05/wrd/tyl -~{O- JENNIFER A. BARNETTE, an individual dba SOUTHLAND MEDICAL CORPORATION By: Name: Title: STATE OF ) ss. COUNTY OF ) On ,before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal 737532.06/OC L5869-003/9-I-OS/wrd/lyl --4~- R&R EQUIPMENT CO., L.P., a California limited partnership By: Name: Title: STATE OF ) ss. COUNTY OF ) On ,before me, , a Notary Public in and for said state, personally appeazed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [SIGNATURES CONTINUED ON NEXT PAGE] 737532.06/OC L5869-003/9-1-05/wN/IYI -4$- BG GROUP, GENERAL PARTNERSHIP, a general partnership By: Name: _ Title: By: Name: _ Title: STATE OF COUNTY OF ss. On , before me, , a T\otan Public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the pcrscm whose name is subscribed to the within instrument and acknowledged to me that he she cxcxutcd the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of wltich the person acted, executed the instrument. WITNESS my hand and official seal. STATE OF COUNTY OF ss. On ,before me, , a Notary Public in and for said state, personally appeazed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that byhis/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 717532.06lOC [5869-003/9-1-05/wN/IyI -49- EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY - ,- Parcel 1 in the City of Anaheim, County of Orange, State of California as shown on a map filed in Book 81, Page 32 of Parcel Maps, together with Parcels 2 through 9, inclusive, of Block A, a portion of Parcel 1 in Block B, and Parcels 1 through 9, inclusive, of Block C, as shown on a map filed in Book 104, Page 12 of Parcel Maps, all in the Office of the County Recorder of said county, together with a portion of the east half of the northwest quarter of the northeast quarter of Section 26, Township 4 South, Range 10 West in Rancho San Juan Cajon De Santa Ana, as shown on a map recorded in Book 51, Page 10 of Miscellaneous Maps, Records of said county, together with Parcels 3 and 4, as shown on a map filed in Book 45, Page 13 of said Parcel Maps, together with Parcels 1 through 4, inclusive, as shown on a map filed in Book 47, Page 28 of said Parcel Maps, in the office of said County Recorder, described as follows: Beginning at the southeast corner of Parcel 1 of said Parcel Map filed in Book 47, Page 28; thence westerly along the southerly boundary of said Parcel Map North 89°04'31" West 601.91 feet to the easterly boundary of said Parcel Map filed in Book 104, Page 12; thence southerly along said easterly boundary South 0°11'09" West 406.19 feet to the southeast corner of Parcel 9 of Block C of said Parcel Map; thence westerly along the southerly line of said Parcel 9 North 89°09'30" West 217.47 feet to the easterly right of way of a 64.00 foot wide street shown on said Parcel Map as Chris Lane; thence perpendicular from said right of way North 89°06'22" West 32:00 feet to the centerline of said Chris Lane; thence southerly along said centerline South 0°53'38" West 207.63 feet to the easterly prolongation of the northerly right of way of a 45.00 foot wide street shown on said Parcel Map as Pacifico Avenue, currently known as Gene Autry Lane; thence westerly along said prolongation and right of way North 89°07'53" West 395.35 feet and North 89°05'58" West 88.59 feet to the right of way to the State of California as described in the deed recorded October 5, 1998 as Instrument No. 19980672731 of Official Records of said county; thence along said right of way the following courses: North 0°54'02" East 8.00 feet, North 26°10'26" West 29.42 feet, North 89°25'56" West 2.44 feet, :North 0°51'42" East 13.12 feet, North 89°13'18" West 53.87 feet, South 51°57'39" West 40.48 feet, North 79°09'17" West 85.74 feet to a tangent curve concave southerly having a radius of 307.01 feet, westerly 53.46 feet along said curve through a central angle of 9°58'40", tangent from said curve North 89°07'57" West 23.50 feet, North 45°32'32" West 37.74 feet to the easterly right of way of a 64.00 foot wide street shown on said Parcel Map as Betmor Lane and North 89°08'40" West 32:00 feet to said centerline of said Betmor Lane; thence leaving said State of California right of way along said centerline North 0°58'00" East 140.55 feet to a line which is perpendicular to said centerline and runs through the southeast corner of Parcel 2 of Block A of said Parcel Map; thence North 89°02'00" West 32.00 feet to the southeast corner of said Parcel 2; thence westerly along the southerly line of said Parcel 2 North 89°06'54" West 224.70 feet to the westerly line of said Parcel Map, said line being the westerly tine of said east half; thence northerly along said westerly Tine North 0°24'01" West 1067.39 feet to the centerline of a 120.00 foot wide street shown as t<atella Avenue on said Parcel Map filed in Book 81, Page 32 said centerline being the north line of said Section 26; thence easterly along said centerline South 89°07'46" East 300.07 feet to a line which is parallel with and 300:00 feet easterly of westerly line of said northeast quarter; thence along said parallel line South 0°24'01" East 60.01 feet to the southerly right of way of said 120.00 foot wide street and the northwesterly corner of said Parcel Map filed in Book 81, Page 32; thence along said right of way South 89°07'46" East 1319.53 feet to the northwesterly corner of Parcel 2 of said Parcel Map filed in Book 45, Page 13; thence southerly along the westerly boundary of said Parcel 2 South 0°44'33" West 150.01 feet; thence continuing along the boundary of said Parcel 2 and the boundary of Parcel 1 of said Parcel Map South 89°07'46" East 310.06 feet to the right of way of a street having a 53.00 foot westerly half width shown as State College Boulevard on said Parcel Map; thence along said right of way South 0°44'33" West 451.80 feet to the Point of Beginning. Containing an area of 41.687 acres more or less. 737532.Ofi/OC 15869-003/9-]-OS/wtd/Iyl -5~- EXHIBIT "B" MASTER SITE PLAN Development Agreement No. 2005-00008 Lennar Platinum Triangle, LLC September 7, 2005 Exhibit No. Plan No. Plan Descri tion Exhibit No. 1 Sheet A0.1 Master Site Plan/Develo ment Areas Exhibit No. 2 N/A A-Town District Plan, Au ust 8, 2005 Exhibit No. 3 N/A Maximum Hei ht Ma Exhibit No. 4 N/A ' Public Facilities Plan Plans on file with the Planning Department 737532.06/00 LSA69-003/9-1-05/w~dflyl EXHIBIT "C" CONDITIONAL USE PERMIT NO. 2005-04999 737532.06/OC L5869-003/9-1-05/wrd/lyl EXHIBIT C RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-04999.6E GRANTED (1200-1558, 1700 and 1800 East Katella Avenue, 1301-1395 and 1551 Gene Autry Way, 1870, 1871, 1880., 1881, 1890, 1891, 1900 and 1901 South Chris Lane, 1833 and 1841 South State College Boulevatd, 1800 and 1801 East Talbot Way.) WHEREAS, the Anaheim Planning Commission did receive a verged Petition for Conditional Use Permit No. 2005-04999 in connection with General Plan Amendment No. 2005-00434, Zoning Code Amendment No. 2005-00042, Miscellaneous Case Nos. 2005-00111 and 2005-00116, Reclassification No. 2005-00164 and Development Agreement No. 2005-00008, (hereinafter collectively referred to as the. "Discretionary Actions"); and WHEREAS, the subject properties encompassed by the Discretionary Actions comprise approximately 41.4 acres of certain real property situated in the City of Anaheim, County of Orange, State of California and generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of Betmor Lane and further identified as Site 1 (Site 1 encompasses approximately 31 acres located at 1200-1558,.1700 and 1800 East Katella Avenue, 1301-1395 and 1551 Gene Autry Way, 1870,.1871,.1880,.1881, 1890, 1891, 1900 and 1901 South Chris Lane, 1833 and 1841 South State College Boulevard, 1800 and 1801 East Talbot Way) and Site 2 (Site 2 encompasses approximately 10.4 acres located at 1871, 1881, 1891, 1901, 1870 1880, 1890, 1900, 1901 and 1910 South Betmor Lane and 1100 East Katella Avenue); and WHEREAS, ConditionalUse Permit No. 2005-04999 to permit residential tower structures up to 400 feet in height pertains to Site 1 as shown on Exhibit 1 attached hereto to this Resolution and which is incorporated herein by this reference as if set forth in full; and WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by Resolution No.2004-178 and The Platinum Triangle Standardized Development Agreement by Resolution No. 2004-179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use. (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, the PTMU Overlay Zone permits building heights up to 100 feet in height for all Districts in the Overlay Zone, provided that within 300 feet north or south of Gene Autry Way, the maximum height is 55 feet and within 300 and 600 feet north or south of Gene Autry Way, the maximum height is 75 feet, and further provided that greater heights may be requested subject to a Conditional Use Permit; and WHEREAS, oh August 22, 2005, the Planning Commission recommended that City Council adopt Zoning Code Amendment No. 2004-00036 amending the height limitations to allow.building heights to be up to 100 feet within 600 feet north or south of Gene Autry Way and to allow greater heights in said area subject to a Conditional UsePermit without the requirement to demonstrate that views of Angel Stadium of Anaheim from the Anaheim Convention Center and from Gene Autry Way and the Santa Ana (I-5) freeway would not be significantly obstructed (scheduled for City Council consideration on September 27, 2005); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: Cr\PC2005- -1- PC2005- 1. That the proposed building heights of up to 400 feet on Site 1 as identified in the staff report dated September 7, 2005 for six (6) of the fifteen (15) Development Areas are properly ones for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.20.050..... 2. That the proposed use wilt not adversely affect the adjoining land uses or the growth and development of the area because the residential towers with building heights of up to 400 feet would be part of a new comprehensively planned community with careful consideration given to building mass and potential shade and shadow impacts; and the additional height would achieve a project that is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan (PTMLUP). 3: That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety. The Master Site Plan encompasses approximately 41 acres with careful consideration of building placement and distribution of residential density throughout the site. 4. The proposed maximum heights have been analyzed in The Platinum Triangle Final Subsequent EIR No. 332 and found to have no adverse impact on either adjoining land uses or the growth and development of the area with the imposition of a mitigation measure from the Updated and Modified Mitigation Monitoring Program No. 106A requiring ashade/shadow study to mitigate impacts to shadow sensitive receptors (i.e.; residential, recreational, outdoor restaurants and pedestrian areas); and, further that said measure has been made a part of Mitigation Monitoring Plan Nd: 138 for the subject Discretionary Actions. 5. The Platinum Triangle Master Land Use Plan provides for a dynamic mix of land uses and upscale, high-density urban housing at densities of up to 100 dwelling units/acre. 6. That the'granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim: 7. The incorporation of towers into the design of the master planned community does not result in an increase in density beyond which is currently permitted by the General Plan. 8. That """indicated their presence at said public hearing in opposition: CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Conditional Use Permit No. 2005-04999 in conjunction with General Plan Amendment No. 2005-00434, Reclassification No. 2005-00164, Miscellanebus Case Nos. 2005-00111, and 2005-00116, Zoning Code Amendment No. 2005-00042, and Development Agreement No. 2005-00008 (collectively, the °Project Discretionary Actions") and, by its motion, based upon its independent review of all evidence received at the public hearing, including an Initial Study conducted pursuant to CEQA for the Project Discretionary Actions (the "initial Study") and an Addendum td FSEIR No. 332 (the °Addendum") prepared for the Project Discretionary Actions did find, and further recommend that the City Council, as lead agency for the Project, unless additional op contrary information is received during the City Council's public heaping on the Projectand pending City Council's certification of FSEIR No. 332 along with adoption of a Statement df Findings and Fact, a Statement of Overriding Consideration and the Updated and Modified Mitigation Monitoring Program No. 106A, (scheduled for City Council consideration on September 27, 2005), determine and find, pursuant ko the provisions of the California Environmental Quality Act ("CEQA"), based upon the City Council's independent review of thelnitial Study and Addendum and the evidence received at the public hearing, that the certified FSEIR No: 332, together with its Addendum and Mitigation Monitoring Plan No. 138, are adequate to serve as the required environmental documentation for the Project Discretionary Actions and satisfy all of the requirements of CEQA, and that nb further environmental documentation need be prepared for this Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions vuhich are hereby -2- PC2005- found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: - That prior to the approval of each Final Site Plan in Development Areas B, D, E, F, N and M; plans shall indicate compliande with the maximum.building heights identified in the attached Exhibit 2 Height Map dated August 8, 2005 which is attached hereto to this Resolution and which is incorporated herein by this reference as if set forth in full: Plans submitted for building permits shall be prepared in compliance with the approved Final Site Plan. 2. That the property owner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Plan No. 138 as established by the City of Anaheim and as required by Section 21081.6 of the Public .Resources Code to ensure implementation of those identified mitigation measures. 3. That this Conditional Use Permit No. 2005-04999 is granted expresslyconditiohed upon certification of FSEIR No. 332 and approval of the Addendum, and associated Updated and Modified Mitigation Monitoring Program No. 106A, and Mitigation Monitoring Plan No. 138, and adoption of Zoning Code Amendment No. 2004-00036 amending the'height limitations to allow building heights to be up to 100 feet within 600 feet north or south df Gene Autry Way and to allov/greater heights in said area subject to a Conditional Use Permit without the requirement to demonstrate that views of Angel Stadium of Anaheim from the Anaheim Convention Center and from Gene Autry Way and the Santa Ana (I-5) freeway would not be significantly obstructed. 4. That this Conditional Use Permit, shall be valid for a period of time coinciding with the timing set forth in Development Agreement No. 2005-00008, which provides for the A-Town project to be developed in up to four (4) development phases commencing from the adoption date of Development Agreement No. 2005-00008 and extending no further than the twentieth (20) anniversary of the Development Agreement Date provided that milestones are completed as shown in Exhibit H (Term Extension Milestones) of Development Agreement No. 2005-00008.:'. 5. That prior to the issuance of the first building permit for each Final Site Plan in Development Areas B, D, E, F, N and M, the property owner/developer shall submit utility plans to the Public Utilities Department for review and approval. If said plans propose to include "non-traditional" utility equipment, as - determined by the Public Utilities Department, said equipment shall be subject to the review and 'approval of the Public Utilities Department. 6. Prior to the approval of each Final Site Plan for high-rise towers over 100 feet in height as allowed pursuant to Conditional Use Permit No. 2005-04999, plans shall show that retail/townhome uses at a height of two to three stories shall be constructed at the base of each tower structure to screen the parking podium and provide apedestrian-friendlystreet edge and scale and, further, that the subterranean parking podiums shall contain spaces for residential and retail uses and utility equipment rooms. 7. That prior to the issuance of the first building permit for each Final Site Plan including "non-traditional" utility equipment approved pursuant to Condition No. 5, the property owner/developer shall enter into an Agreement with the City of Anaheim providing for the property owner, or another financial mechanism acceptable to the City, to provide ongoing maintenance of said".non-traditional" equipment and for said equipment to be accessible to the Public Utilities Department ongoing during project operation. Said Agreement shall be in a form approved by the City Attorney's Office and prepared to the satisfaction of the Public Utilities Department. 8. That this Conditional Use Permit is granted subject to adoption of General Plan Amendment No. 2005- 00434, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2005- 00111)and Development Agreement No. 2005-00008. 9. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein. 10. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal -3- PC2005- regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement: "-- BE IT RESOLVED that the Anaheim Planning Commission does hereby.find and determine that adoption of this Resolution is expressly predicated upon applicaht's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,. be declared invalid or unenforceable by the final judgmehf of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shallbe deemed null and void. AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolukion in the event of an appeal. 7ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 7, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS` IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. (ORIGINAL SIGNED BY ELEANOR MORRIS SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005- EXHIBIT "D" PLATINUM TRIANGLE INTERIM DEVELOPMENT FEES 737532.06/OC LSBfi9-003/9-t-06/wN/lyl EXHIBIT "D-1" ELECTRIC UTILITIES UNDERGROUNDING FEE Residential Uses $11.42 per unit The Anaheim Master Land Use Plan and the Underground Conversion Program envision that the public utilities along Katella Avenue, between the State College Boulevazd and Anaheim Way will need to be undergrounded. The City-owned facilities will be undergrounded using City funds, pursuant to the Rule No. 20 of the City of Anaheim Rates, Rules & Regulations Some of the facilities along Katella Avenue aze owned by Southern California Edison (SCE). Moneys available to underground City-owned facilities may not be used to underground SCE facilities. The interim fee will collect the funds necessary to underground the SCf lines, and thereby significantly improve the appeazance of The Platinum Triangle. The cost to underground the SCE lines is estimated at $104, 775. These funds w l l collected by imposing an interim fee on the Mixed-used residential units planned in Tare Platinum Triangle. The formula for calculating the fee is the following: Cost to Underground SCE lines Number of mixed-use residential units The Per-Unit fee is calculated at: $104.775 $11.42 per Unit 9,175 Units = Per-Unit Fee ~s~s3z.a6/oc L5869-003/9-1-05/wrd/lyl EXHIBIT "D-2" FIRE FACILITIES FEE Residential Uses $350.00 per unit Commercial/Office Uses $ 0.20 per square foot The purpose of establishing a Fire Protection Fee is to finance improvements and additions to facilities and equipment to support fire protection and pazamedic services made necessary by new development and expansion of and additions to existing development within The Platinum Triangle. Development will generate additional need for protection and paramedic services in The Platinum Triangle. There is a need in The Platinum Triangle for expansion of fire protection and pazamedic services and for new and expanded development to contribute its fair shaze towazds the costs of additional and improved facilities and equipment. There is a reasonable relationship between the need for the described fire protection and pazamedic facilities and equipment and the impacts of the types of development proposed for The Platinum Triangle, for which the con•esponding Fire Protection Fee described above is chazged. There is also a reasonable relationship between the use of the fee and the type of development for which the fee is chazged, in that these fire protection and paramedic facilities and equipment provide support for fire protection and paramedic services and accommodate additional demand generated by development. The cost estimates set forth below aze reasonable cost estimates for adding to fire protection and pazamedic facilities and equipment in The Platinum Triangle. The Fire Protection Fees collected pursuant to this agreement shall be used to finance only the additional facilities described, which additional facilities aze needed to augment existing fire protection and pazamedic facilities and equipment serving The Platinum Triangle, to offset the impacts of new development and expansion of and additions to existing development within The Platinum Triangle. FIRE FACILITIES AND EQUIPMENT Fire truck company with equipment $1,000,000 Fire engine company with equipment Fire station $3,500,000 $ 750,000 TOTAL $5,250,000 737632.06/OC L5869-003/9-l-OS/wrNlyl EXHIBIT "D-3" GENERAL PLAN AND ENVIRONMENTAL PROCESSING FEE Residential Uses: $16.00 per unit Commercial/Office Uses: $0.02 per squaze foot The General Plan and Environmental Processing Fee is based on the following: Intent: Recover partial costs incurred to develop the Mixed-Use Overlay designation for the Platinum Triangle, including the prepazation of the Subsequent Environmental Impact Report Contract Costs Incurred: $146,000 $164,730 $310,730 New Development Allowed in Platinum Triangle: 7,254,300 sq. ft. ofnon-residential uses 9,500 residential units (assume average unit size of 800 sq. ft. = 7,600,000 sq. ft.) 7,254,300 + 7.600,000 14,854,300 total squaze feet $310,730/14,854,300 = $.02 per squaze foot 7,600,000 x $.02 = $152,000 $152,000/9500 = $16 per dwelling unit Planning Entitlement Fee 737532.06/OC TS 869-003/9- I -OS/w rd/IyI EXHIBIT "D-4" LIBRARY FEES Residential Uses $149.73 per unit The amount of the Library fee is based upon the current fee structure for East Santa Ana Canyon residential development for single family residential uses. The 2004 fee for such residential uses is $317.67, based upon an estimated 3.3 persons per dwelling. Using an estimate of 1.5 persons per unit in The Platinum Triangle, the proposed interim developer fee for The Platinum Triangle is $149.73 per unit. 737532.06/OC L5869-003(9-1-OS/wrd/lyl EXHIBIT "D-5" PLATINUM TRIANGLE PARK FEES Residential Uses $7055.74.. per unit Pazk fees are established by implementing various values identified for The Platinum Triangle into the Pazk Dedication fee formula, as established by Anaheim Municipal Code, Chapters 17.08 and 17.34, which is as follows: (Land Acquisition Costs + Land Development Costs) x 2 x DU density proposed =fee 1,000 Land acquisition costs aze estimated by Keyser-Marsten to be $50/sq. ft. of property purchased (for industrial properties, including goodwill and relocation costs*). This equals $2,178,000/ac. Land Development costs have been established by the City Council at $173,913.33/ac.** City Pazk Acreage Standazd of 2 acres/1,000 population was incorporated in the formula set forth in Chapters 17.08 and 17.34, as approved by City Council. Estimated dwelling unit density of 1.5 persons/unit for both the single family attached and apartment complexes as estimated in Final Environmental Impact Report, No. 330, Table 4.3-1, for the City of Anaheim's General Plan and Zoning Code Update. Using the above figures the park fee is $7,055.74 per unit. ($2.178.000 + $173.913.331 x 2 x 1.5 = $7,055.74 per unit 1,000 Pazkland dedication will be required for each 8 acre or larger pazcel proposed for residential development. The City's Platinum Triangle consultant, EDAW, has recommended that each dwelling unit for pazcels of 8 acres or lazger dedicate 44 sq. ft. of public pazkland per each dwelling unit proposed.*** The value of the pazkland dedication will be credited against overall pazk in lieu fees paid for the project. Consistent with existing zoning and policies, no credit will be given for improvements. As an example, i£a subdivision were required to dedicate a .5 acre pazk, credit would be given against the Land Acquisition value, established above, of $2,178,000 per acre. Accordingly the Developer would be entitled to a credit of $1,089,000 for the dedication. 737532.06/OC LSBfi9-003/9-1-OS/wrd/lyl Notes * Memorandum by Keyser-Marsten dated December 29, 2004 and updated January 15, 2004 by James Rabe of Keyser Marsten, available in the Pazks Division office. - ** As approved by the City Council in Resolution No. 2004R-128, dated June 15, 2004. *** The squaze foot figure for required recreational space per dwelling unit in The Platinum Triangle is lower than the figure used elsewhere in the City, as set forth in Section 17.08. The lower figure is recommended because of the type of residential projects anticipated for The Platinum Triangle. The mixed use type of neighborhoods proposed require smaller human scale parks within a walking distance of 2.5 to 5 minutes of each dwelling unit. 737532.06/OC L5869-003/9-I-05/wrd/Iyl -2- EXHIBIT "D-6" POLICE FACILITIES FEE Residential Uses $31 .62 per unit Office Uses $ .10 per square foot Commercial Uses $ .21 per squaze foot The Revenue and Cost Specialists Consulting firm is still in the process of establishing fee guidelines for The Platinum Triangle azea. During the interim the foregoing formula will be applicable to offset the equipment cost for police services in The Platinum Triangle area. The interim fee will be replaced with aone-time capital facilities fee which will be applicable to the Project. 737532.06/OC IS 869-003/9-1 AS/wrd/lyl EXHIBIT "D-7" PUBLIC WORKS SUPPLEMENTAL FEES SUPPLEMENTAL SEWER IMPACT FEE All Land Uses $430.00 per 1,000 gross squaze foot Gross Floor Building Area developed between 0.4 and 1.0 Floor Area Ratio (FAR) ARTERIAL HIGHWAY BEAUTIFICATION/AESTHETIC IMPACTS FEE All Land Uses $12,500:00 per gross acre SUPPLEMENTAL STORM DRAIN IMPACT FEE (Drainage District 27)* Residential Uses $24,500.00 per net acre Non-Residential Uses $35,000.00 per net acre *Drainage District Maps are available in the Public Works Department. 737532.06lOC LSB69-003!9-I-OSlwrd/lyl EXHIBIT "D-8" TRAFFIC FEE Residential Uses Office Uses Commercial Uses $871.00 $3,384.00 $10,552.00 The Supplemental Traffic Fee is based upon the following: per unit per 1,000 square foot per 1,000 square foot FLATINClM TRIANGLE TRAFFIC IMPACT FEE CALCULATION PM PEAK LAND USE UNIT TRIP RATE Residential dwelling 0.49 Office tsf 1.36 Commercial tsf 3.89 AVERAGE 1 LENGTH (MI) 1.67 1.67 1.67 CAPACITY 2 CONSUMED 0.00048086 0.00133330 0.00382504 COST PER 3 LANE MILE $ 2,818,092 $ 2,818,092 $ 2,818,092 IMPACT 4 FEE/[JNIT $ 871 $ 3,384 $ IQ552 1 Anaheim Tmffic Analysis Model, PHQ&D, hourly trip rate between 3 & 7 pm weekdays in Platinum Triangle. 2 Anaheim Traffic Analysis Model, PBQ&D, average trip length during PM peak hour in Platinum Triangle. 3 PM Mp rate multiplied by average length, then divided by OCTA standard 1,700 vehicles per hour per lane. 4 Construction plus right-of--way (no landscaping, derived from Stale College/Lincoln project data below: $ 1,582,195 construction of St.Callege/I,incoln intersection widening. 4087 linear feet (If) of project length. $ 387.13 per if (no landscape costs included) $ 2,044,039 cons[ cosUmile $ 774,053 row cosUmile 5 Impact Fee is exclusive of Citywide Tmffic and Transportation Improvement Fee, which also is due. 5 739532.06/OC ISBfi9-003/9-1-OS/wN/lyl EXHIBIT "E" DEVELOPMENT REQUIREMENTS AND MAINTENANCE OBLIGATIONS As a condition of approval of Development Agreement No. 2005-00008, the City requires OWNER to undertake and implement the maintenance of certain slopes, landscaping, packs, private streets and private utilities, and the performance of other obligations, as set forth herein. Prior to the eazlier of either the sale of the first residential lot or the issuance of the temporary or permanent "Certificate of Occupancy" for the first residential dwelling unit, OWNER shall execute and record with the Orange County Recorder a declaration of covenants, conditions and restrictions ("CC&Rs") satisfactory to the Planning Director and the City Attorney creating maintenance obligations for an incorporated association ("Association") to establish a financial mechanism or financial mechanisms to maintain those areas and facilities (collectively referred to hereinafter as the "Maintenance Obligations"). Lennaz and/or the subsequent Master Association for the Project will have the primary maintenance obligation for the overall Project as the various phases of development aze completed and aze annexed to the control and supervision of the Master Association property. Lennaz, the Master Association, or an Assessment District satisfactory to City will be responsible for the Maintenance Obligations, which include: a. Common fences, walls and utility screening devices. b. Private sewer and storm drain lines, together with all appropriate aPPurtenances: a All landscape improvements within the boundaries of the Project, including all trees and tree wells, shrubbery and any and all special landscaping. d. Landscape slope areas and all drainage facilities (including, but not limited to, french drains, down drains, drainage swales, retaining and crib wall(s)). - e. Landscape maintenance easements. f. Parkway landscaping and irrigation (Katella Avenue, Gene Autry Way, Connector Street and other public streets). g. Street Median landscaping, subject to the approval of the Public Works Director. h. All pazks and amenities within Public Pazk 1 and Public Pazk 2, such as the fountain, pazk benches, trash receptacles and other street furniture. i. All street furnitiue not maintained by the public utility companies or by the City of Anaheim. j. All special monumentation within the Project. 737632.06/OC L5869-003/9-1-OS/wrd/lyl k. All open spaces not maintained by each development association within the Project. - ..._.. 1. All promenades or trails. m. Covered on-site storage for bicycles, scooters and athletic equipment screened from public view. n. Centralized recreational amenities appropriate to the population mix in the development, as approved by the City. o. Maintenance of public plazas and other common open spaces or areas, including public restrooms, if applicable. p. Treatment Control Best Management Practices (BMP's) for the Water Quality Management Plan (WQMP). q. Removal'of graffiti within 24 hours ofoccurrence. Until such time as the Association is formed, the CC&Rs are recorded, and the Association has assumed responsibility to perform the Maintenance Obligations, OWNER shall be responsible for the performance of the Maintenance Obligations, including any additional obligations which maybe specified herein. Reconveyance of all or part of any property interest therein established for the common enjoyment of the residents in the Project to a party other than the Association shall require (i) the prior written consent of the City, (ii) appurtenant easements over the said property for the benefit of each and every lot in the Property and (iii). that the reconveyance expressly affirm that the provisions of Civil Code Section 1367 relating to lien rights to enforce delinquent assessments and the CC&Rs shall remain applicable, The CC&Rs may provide any of the Maintenance Obligations maybe assumed by a duly formed Platinum Triangle Infrastructure and/or Maintenance Assessment District subject to CITY's written approval. The covenants and restrictions set forth herein constitute a general scheme for the development, protection and maintenance of the Property for the benefit of all owners. Said covenants and restrictions are for the benefit of the Property and shall bind all owners thereof. Such covenants and restrictions shall be a burden upon, and a benefit to, not only the OWNER but also its successors and assigns. All of such covenants and restrictions are intended to be and shall be declazed in the CC&Rs to be covenants running with the land or equitable servitudes upon the land, as the case maybe. The CC&R's shall provide that termination of the CC&R's or amendment of any provision which may negatively impact performance of the Maintenance Obligations shall require prior written consent of the City. Termination of this Declazation is not a release of Declazant with regazd to Declazant's independent obligations in connection with development and approval of the Project or with regazd to obligations .and liabilities incurred prior to such termination. nn~s3x:o6/oc IS869-003/9-1-06/wrd/lyl -2- EXHIBIT "F" PRELIMINARY TITLE REPORT On file in the Planning Department. 737632.Ofi/OC L5869-003/9-1-OS/wrd/lyl EXHIBIT "G" SELLERS PARCELS (TO BE INSERTEDI 737532.06/OC L5869-003/9-1-05/wrd/IyI EXHIBIT °°H" TERM EXTENSION MILESTONES The term of this Development Agreement shall be as defined herein in Section 2.1. Automatic extensions to the Development Agreement will occur for three additional five (5) year periods provided the development milestones as described below are achieved within each of the defined periods: INITIAL PERIOD - (Development Agreement Date to the fifth anniversary of the Development Agreement Date) OWNER shall undertake the following development milestones in order for the Development Agreement to be extended to the First Extension Period: a. Completion of Condition No. of Exhibit _ pertaining to the processing of a subdivision map(s) which includes the irrevocable offer of dedication to the City of Anaheim for the ultimate rights-of--way for the Project Site frontage along Katella Avenue, State College Boulevazd and Gene Autry Way, the ultimate rights-of--way for Mazket Street and the Connector Streets within the project boundaries and the public pazk sites within the project boundaries. b. Construction of all public facilities (on-site roadways inclusive of Katella Avenue and Gene Autry Way, water lines, sewer lines, storm drains and dry utilities) for the azea within Phase 1 (Phase 1 is shown on Exhibit "I," Infrastructure Phasing, of this Development Agreement), as further described in the Master Site Plan in Exhibit "B" of this Development Agreement and in accordance with the conditions of approval set forth in said Exhibit and the conditions of the Conditional Use Permit set forth in Exhibit "C" of this Development Agreement. c. Completion of at least 700 residential dwelling units. and approval of Final Site Plans encompassing at least 425 additional residential dwelling units: d. Completion of the improvements associated with the approximately T/2-acre Public Park Area 2 as shown on the Master Site Plan in Exhibit "B" of this Development Agreement and in accordance with plans approved by the City of Anaheim pursuant to conditions of approval set forth in Exhibit "B" of this Development Agreement. 737532.06/OC IS869-003/9-1-05/wrd/IYI -2- FIRST EXTENSION PERIOD - (Fifth anniversary of the Development Agreement Date to the tenth anniversary of the Development Agreement Date) ___ OWNER shall undertake the following development milestones in order for he Development Agreement to be extended to the Second Extension Period: a. Completion of all ultimate rights-of--way improvements along the Project Site frontage adjacent to State College Boulevazd. b. Construction of all remaining public facilities (on-site roadways, water lines, sewer lines, storm drains and dry utilities) required within the construction phase (either Phase 2 or Phase 3) that follows Phase 1 (the Phase 2 and Phase 3 areas are shown on Exhibit "I," Infrastructure Phasing, of this Development Agreement), as further described in the Master Site Plan in Exhibit "B" of this Development Agreement and in accordance with the conditions of approval set forth in said Exhibit and the conditions of the Conditional Use Permit set forth in l:xhihit "C" of this Development Agreement. c. Completion of at least $50 residential dwelling units beyond the 7(NI rrsldcndal dwelling units constructed during the Initial Period and approval of Final Sltr Plans encompassing at least 425 additional residential dwelling units. d. Completion of ground floor commercial space along the full length of Market Street within the Project Site in accordance with the PTMU Overlay Zonc requirements. e. Complefion of the improvements associated with the 3-.acre Public Pazk Area 1 as shown on the Master Site Plan in Exhibit. "B" of this Development Agreement and in accordance with plans approved by the City of Anaheim pursuant to conditions ofapproval set forth in Exhibit "B-1" of this Development Agreement. SECOND EXTENSION PERIOD - (Tenth anniversary of the Development Agreement Date to the fifteenth anniversary of the Development Agreement Date) OWNER shall undertake the following development milestones in order for the Development Agreement to be extended to the Third Extension Period: a. Construction of all remaining public facilities as further described in the Master Site Plan in Exhibit "B" of this Development Agreement and in accordance with the conditions ofapproval set forth in Exhibit "B-1" of this Development Agreement. ~3is3za6/oc L5869-003/9-I-OS/wrd/lyl -3- b. Completion of at least 850 residential dwelling units beyond the 1,550 residential dwelling units constructed during the Initial Period and the First Extension Period and approval of Final Site Plans encompassing at least 140 additional residential dwelling units. THIRD EXTENSION PERIOD - (Fifteenth anniversary of the Development Agreement Date to the twentieth anniversary of the Development Agreement Date) OWNER shall complete the buildout of the Project Site in accordance with the Master Site Plan in Exhibit "B" of this Development Agreement and in accordance with the conditions of approval set forth in said Exhibit and the conditions of the Conditional Use Permit set forth in Exhibit "C" of this Development Agreement. 737532.06/OC L5869-003/9-IAS/wrd/IyI '4' EXHIBIT "I" INEBA~RLJCTURE PHASIN_Cz _ (INFRASTRUCTURE PHASING EXHIBIT ATTACHEDI 737532.06/OC 15869-003/9-1-OS/wttlllYl 'S' -- ;- -- TRACT ~nP> ~Iff~~ ~ OWN IS FOR ON-SITE GRADING, WATER, SEWER, N AND DRY UTILITIES - ~ E _ ~ OWNER OR DEVELOPER: Lennar Coastal Cal'~'DRAWN BY: RAB CHECKED BY: EM 25 Enterprise Arso Viejo, CA 92G56 TORE PHASING EXHIBIT (949) 349-8000 I, F.\0708\EngJneenng\OA_Projed\Ex hl bits\PHFSING EXHIBIT.DWG