The URL can be used to link to this page

PC 2008/04/14;au•wiayeue uo;ssiwwoo uiuue~ ssa~ppe view-a '. 6uimopo; ay; 6wsn upissiwwo~ 6wuueld ay; ~o; a6essaw e anew ~(ew no,~ ;uawuanofpy . sa;epd~ uolssiwwo~ . swa;~ 6ul~eaH q;'gnd . ~epua~e~;uasuo~ . s;uawuo~ oilgnd . aoue~Bapy }p a6pald . 'W'd 0£~Z Bul~eaH ol~gnd of auanuooaa . 6uueaH ollgnd of ssaoab . •s~noyssaursnq~eln a~ uunp elwo~lle~ wlayeuy paenalnog wlayeuy •S OOZ IIeH ]l~ ;e paleool luaurpe ao uluueld ayl ul uolloa sal ollgn ~o~ algellene apew aq Minn amsoloslp oygn wo~~; waxa Ile al s u11uM uey~ gay#o epua a slyl uo wall ue ulpae a~ uolsslwwo~ uluueld ayl~o lugew e o; paplna sluawnoopao s uguan uy ~~fiela~oas ayl of it llwgns pue aouenpe w p~eo ~a~leads e alaldwoo aseald `epua6e ay; uo wa;l ~(ue 6ulp~e6a~ luawalels a anew of yslan nod Jl 'sasodand Buldaa~l p~ooa~ god epua6e 8002 'ti ~ lady aye uo swa~l ~o; Malna~{ ueld tieulwga~d (uolsslwwo~ 6uluueid ~(q pa;sanbal sy) sanssl pue s~uawdolanap ~~1~ snouen uo uolsslwwo~ o~ a~epdn }fie}S 'W'd OE:6 nnalnaa ueld /Geulualla~d . ~aP~O of Iles zanbselan fed 'aawo~{ ~(~lued `lassae~ uayda;g 'uew;set lleJ 'lenn~e6y ~a~ad a~auolsslwwo~ l~e~eyl ydaso(' :a~odwal-ad uewney~ e}}n8 ~Ila~i :uewney~ elwo;ilea 'wlayeuy p~enalno9 wlayeuy y~noS OOZ IIeH ~l!~ '~agwey~ llouno~ 8002 ~L I!a ~ epuo~ t.! ~ !.1 ISSI UI UPI 9~ ~L! 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 exception 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. Reoorts and Recommendations None. Minutes 1A. Receiving and approving the Minutes from the Planning Commission Meeting of March 31, 2008. (Motion) NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. 04/14/08 Page 2 of 7 Public Hearing Items: ITEM NO. 2 CEQA CATEGORICAL EXEMPTION, CLASS 1 AND CONDITIONAL USE PERMIT NO. 2008-05306 Owner: Wilson Tri-Freeway, LLC 1630 South Sunkist Street, Suite A Anaheim, CA 92806 Applicant: Young J. Park 700 North Valley Street, Unit A Anaheim, CA 92801 Location: 700 North Valley Street, Unit A: Property is approximately 9 acres, having a frontage of 843 feet on the east side of Valley Street approximately 367 feet north of the centerline of Crescent Avenue. Request to permit and retain a church. Resolution No. Project Planner: Scott Koehm skoehm@anaheim.net 04/14/08 Page 3 of 7 ITEM NO. 3 Owner/: Anaheim Redevelopment Agency Applicant 201 South Anaheim Boulevard #1003 Anaheim, CA 92805 Location: 200 - 328 North Beach Boulevard and 2951 - 2961 West Lincoln Avenue (Westgate Shopping Center). This site consists of multiple properties with a combined area of approximately 25 acres, located north and east of the northeast corner of Beach Boulevard and Lincoln Avenue, having a frontage of 1,150 feet on the east side of Beach Boulevard and 490 feet on the north side of Lincoln Avenue. Request to amend apreviously-approved conditional use permit to construct a commercial retail center of regional significance to include retail stores, full service restaurants with sale and consumption of alcoholic beverages for on-premises consumption, drive through restaurants, adrive-through pharmacy with the sale of alcoholic beverages for off-premises consumption, an amusement device arcade, and amulti-tenant food court with outdoor dining and the sale and consumption of alcoholic beverages, with waivers of minimum number of parking spaces and maximum fence height. PCN2002-00008 (Tracking No. PCN2008-00041) Request to permit the sale of alcoholic beverages for off-premises consumption within a proposed grocery store and pharmacy. Resolution No. Resolution No. Project Planner: Dave See dsee@anaheim.net oaiiaios Page 4 of 7 Adjourn to Monday, April 28 at 1:00 P.M. for Preliminary Plan Review 04I14/OS Page 5 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 p.m. April 10, 2008 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISP =f~Y CASE AND COUNCIL DISPLAY KIOSK SIGNED: f ~ i ~ 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. 04/14/08 Page 6 of 7 SCHEDULE 2008 ___ April 28 May 12 May 28 (Wed) June 9 June 23 July 7 Juy21 August 4 August 18 September 3 (Wed) September 15 September 29 October 13 October 27 November 10 November 24 December 8 December 22 (Cancelled) 04/14/08 Page 7 of 7 Item 2 I SELF STORAGE FACILITY C-G HOME DEPOT GRAMERCY AVENUE C-G SMALL SHOPS O C.FG~, e / FIRE STATION W m~ N0.2 J J T ~ 0 West Anaheim Commercial - - - Corridor Overlay Zone 9 o ~x rxe: April 14, 2008 Subject Property Conditional Use Permit No. 2008-05306 700 North Valley Street 10506 CRESCENT AVENUE SETTLING BASIN T RGL 71-72-19 RCL 64-65-43 CUP 2008-05306 CUP 3795 CUP 1443 VAR 4270 I SMALL INpUSTIRAL FIRMS A ril 14, 2008 Subject Property Conditional Use Permit No. 2008-05306 700 North Vallev Street 10506 ~~ goo Aerial Photo: r~~~c July 2006 ~7C'I'A~~I1~~N'g' N®, ~ PIt®s~c~ su1~r~AIt~ Conditional 3Jse Permit No. 2008-05306 Development Proposed Project I.Zone Standards Standard Site Area 9 acres N/A Parking 413 spaces provided 351 spaces required Pro used Churela :.4,125 S"uare Feet (SF) Assembly area 1,407 SF N/A Classroom 322 SF N/A Office 2,396 SF N/A [DRAFT) ATTACHMENT N0.2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05306 (700 NORTH VALLEY STREET). WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit to permit and retain a church in the Industrial zone for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference, WHEREAS, this property is currently developed with a multiple tenant industrial business park within the Industrial {I) Zone and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS; the applicant has requested approval of a conditional use permit to permit and retain a church pursuant to Code Section 1.8.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public heazing at the Civic Center in the City of Anaheim on April 14, 2008, 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 request 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 proposed request to permit and retain a church is properly one for which a conditional use permit is authorized under Code Section 18.10.030.040.0402 of the Anaheim Municipal Code; and 2. That the church use, as conditioned;will not adversely affect the adjoining land uses .and the growth and development of the area in which it is located because the church will not operate simultaneously with the majority of the businesses in the industrial park. Moreover, there is adequate pazking to accommodate the church. 3. That the size and shape of the site for the use is adequate to allow the church use in a manner not detrimental to either the particulaz area or health and safety as the property is fully developed and there is sufficient parking to provide for the church. 4. That the traffic generated by the use of the property as a church will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea and; 5. 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. -1- PC2008-* 6. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) 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 Planning Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-05306 to permit and retain a church 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: Responsible for No. Conditions of Approval Monitoring ';GENERAL.' r~ ~~t~,rf~,zl~:~~ n? 1 ' The applicant shall maintain on file an Emergency Listing Police Card, Form. APD-281, with the Police Department. 2 The applicanj shall complete aBurglary/Robbery Alarm Police Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. 3 Rear entrance doors shall be numbered with the same Police address numbers or suite number of the business at a minimum letter height of 4 inches. 4 The property shall be designed to comply with the Building requirements of an A3 occupancy 5 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department mazked Exhibit Nos. I and 2, and as conditioned herein. -2- PC2008-*** 6 The howl of operation shall be consistent with the letter of operation on file with the City of Anaheim Planning Department, or other similar off peak hours such as other weekend days or weeknights. Planning 7 That approval of this application constitutes approval of the Planning proposed request only to the extent that is 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. 8 Approval of this application constitutes approval of the Planning 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 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 applicant is responsible for paying all chazges related to the processing of this discretionazy case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was .adopted at the Planning Commission meeting of April 14, 2008. 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 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 -3- PC2008-*** 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 April 14, ?008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WI-IEREOF, I have hereunto set my hand this day of ?008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-*** Subject Property Conditional Use Permit No. 2008-05306 700 - 720 North Valley Street l___.~ ~W. FOMNEYp W UPALMAAVE W-LPFSCENTAVE ~ W LRESCE O Ofl 2 N!!NE W. LINCOLN AVE W. pNLOLN AVE 10508 'i ___. o so loo Source: Recorded Tracl Maps and/or City GIS. k~L Please note tha accuracy is +/- two to five feet. ATTACHMENT N0.3 c3aeaoon Dongsan CRC 200 N. Vallcy bl~cl btc. A Mahcim. CA 92801. Tcl: 214) 5958262, Fax: 714) 5333115 Date: November 30, 2007- City of Anaheim Planning Department 200 S Anaheim Boulevard Anaheim, CA 92805 RE: PRE-FILE APPLICATION FOR SAESOON DONGSAN CRC - 700 N. VALLEY STREET STE. A. We aze respectfully asking the City of Anaheim to consider our Pre-File Application for the approval of an assembly of 60 persons at the above office/industrial building, located at the northeast corner of N. Valley Street and Gramercy Avenue, between I-5 Freeway and Crescent Avenue. The building space surrounded by industrial/office units will be used for church ministry as well as biblical base Christian education to children, Saesoon Dongsan CRC is a Korean ministry that denominationally belongs to Christian Reformed Church that has about 300,000 members in 1,000 congregations across the United States and Canada. We aze currently leasing an approximate 4,125 square foot office/storage space, which contains 2,025 squaze foot office and 2,100 squaze foot storage. Our congregation meets twice a week, Sunday and Friday. The church service will take place on Sunday, at 10:00 A.M to 2:00 P.M. A meeting on Friday is for bible study and prayers that begins at 7:30 P.M to 9:00 P.M .There will be seating for 60 persons during this service. There are share parking available unreserved for 17 in common pazking spaces at the building. However, Landlord agreed to modify the spaces provided from time to time to accommodate our needs. Since the service happens on Sundays, and since the surrounding businesses do not operate during the weekends, There is no impact to the surround businesses or parking availability. We will use the existing storage space of the building for main worship service.. The current office space will be used for multi-functional purposes incorporated with Sunday school., ministerial activity and fellowship. All those spaces built out currently exist and available to use.. We thank you for your time and consideration. Sincerely ~ ,~ "'a. ~ Young J. Pazk Church Treasurer Item 3 s`r~ i` i ll. 1 ! \ ~ j ~'st1 ~~! Q um~ivu'tvu4Ll PAjmucn wuc ANAHEIhA G171'60(INOAi<Y I I ~. I Rt:43 I I D W J C~ m U Q Q W m CG GRO"ERY STdFE GG ORIVE- mRu REGT (r/f ~ ~ IRFh~4-- ~~ I i°..~ I 4 \ RN MARTMMOEN 6 ~ ~-j W I ~ . iTMENiS I I laa bll I I ~ nbu ~ i i I ( l y° I I I I h_,r ~ I ~ I ml ' I I ~n. % ~_ v®e® oe®wo el~_ Wesf Anaheim Commercial Comdors Redevelopment Project GG LG W GG GG ? ~ r SMAL w Sv1ALL SMALL c - -' O SHOPS N SHOPS SHOPS ~ V+ _ RM-0 Sh L SHOPS m > F'LTMORE w PPP.RTMENTS ~ O 159 Ob tsmv~o e®m®e.o.s®. ®.®. . e~ EM3ASSY AVE a ®. .. , April 14, 2008 Subject Property ,'~ Conditional Use Permit No. 2002-04603 ;o r (Tracking No. CUP2008-05308) '=~~ Public Convenience or Necessity No. 2002-00008 (Tracking No. PCN2008-00041) 200-328 North Beach Boulevard and 2951-2961 West Lincoln Avenue 10509 LI N CO LN AVENUE GG SERVICE u STATION GG CAR WASH April 14, 2008 Subject Property Conditional Use Permit No. 2002-04603 (Tracking No. CUP2008-05308) Public Convenience or iVecessity No. 2002-00008 (Tracking No. PCN2008-00041) m ¢ iRESCENTA\~ u ~Z Iw 1 I' a < 9 : 'o i IV Dm z ~ W. LINWLNAVE ~ {< ~¢ Vl.ERGADY lAY w ;o !x '; W.DRANGE AVE ~y ,. ;~ 200-328 North Beach Boulevard and 2951-2961 West Lincoln Avenue ,oeos U SD tUU Aerial Photo: rxL Juty 2DDfi ATTACHMENT NO. 1 PROJECT SUMMARY WESTGATE SHOPPING CENTER Develo went Standard Pro osed Pro'ect C-G Zone Standards Landscaping Setback: West -adjacent to Beach Blvd. 15 feet 15 feet South -adjacent to Lincoln Ave. 35 feet ] 5 feet North 10 feet 10 feet East 10 feet 10 feet Structural Setback: West -adjacent to Beach Blvd. 15-40 feet 15 feet South -adjacent to Lincoln Ave. 35 feet 15 feet North 45-60 feet 20 feet East 340 feet 20 feet PARKING Buitding Tenant Sq. Ft. Parking Ratia er 1,000 s.f. Parking Re aired Parking Pro osed A Home Improvement Store 171,069 5.5 for first 100,000 s.f. 4.5 above 100,000 s.f. 550 320 B Grocer Store 57,000 4.5 257 C Multi-Tenant Retail 19,400 4.5 87 D Pharmac 15,789 4.5 71 E Restaurant and Arcade 12,000 8 96 F Multi-Tenant Retail 22,500 4.5 101 G Pull Service Restaurant 5,300 8 42 H Fast Food Restaurant 3, ] 60 ] 6 51 J Fast Food Restaurant 3,160 16 51 K Fast Food Restaurant 3,050 16 49 TOTAL 312,428 1,675 1,190* * A waiver of minimum number of parking spaces is being requested. A parking study and addendum were prepared to justify less parking spaces than required by Code. [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING PREVIOUSLY-CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WEST ANAHEIM COMMERCIAL CORRIDORS REDEVELOPMENT PROJECT AREA AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 119 AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT N0.2002-04603 AND AMENDING RESOLUTION N0.2002R-233 WITH WAIVER OF CODE REQUIREMENT (TRACKING NO. CUP2008-05308) (200-328 NORTH BEACH BOULEVARD AND 2951-2961 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit with a waiver of code requirement for certain real property in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, on November 5, 2002, the City Council,by its Resolution No. 2002R- 233, granted Conditional Use Permit No. 2002-04603 to permit a commercial retail center of regional significance including a home improvement store with an outdoor garden center, amulti- tenant retail building, two drive through fast food restaurants, three full service restaurants with on- premises consumption of alcoholic beverages, an amusement accade, a food court with outdoor dining and beer and wine sales for on-premises consumption, and a self storage facility with storage containers and recreational vehicles and boats; .and WHEREAS, the property is currently vacant and is zoned C-G (General Commercial) and RM-4 (Multiple-Family Residential with a resolution of intent to C-G) and the Anaheim General Plan designates the property for Regional Commercial land uses; and WHEREAS, the Anaheim Planning Commission did hold a public heazing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 14, 2008, 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 heaz and consider evidence for and against said proposed project actions, including an amendment to Conditional Use Permit No. 2002-04603, 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 pf all evidence and reports offered at said hearing, does find and determine the following facts: L. That an amendment to Conditional Use Permit No. 2002-04603 (Tracking No: ; CUP2008-05308) to construct a commercial retail center of regional significance to include retail stores, full service restaurants with sale and consumption of alcoholic beverages for on-premises consumption, drive through restaurants, adrive-through pharmacy with the sale of alcoholic beverages for off-premises consumption, an amusement device arcade, amulti-tenant food court -1- PC2008 *** with outdoor dining and the sale and consumption of alcoholic beverages, and a self storage facility with storage containers and recreational vehicles and boats is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.010 for this property: The proposed project also includes waivers of the following: (a) SECTION NO. 18.42.040 Minimum number of parking spaces. (1,675 spaces required; 1_,190 spaces proposed) (b) SECTION NO. 18.46.110.020 Maximum fence height. L feet high permitted; 10 feet high proposed) 2. That waiver (a) pertaining to the minimum number of parking spaces is hereby approved based on the .assumptions and conclusions contained in a parking study dated August 2006 and addendum dated April 4, 2008 which was prepared by the City's pazking and traffic consultant. The study concludes that a maximum demand of 1,180 spaces would be needed for the shopping center, resulting in a surplus of 10 spaces. This conclusion was based on the highest demand of the center which is during the weekend. Therefore, based on the findings contained in the study, the requested waiver will not cause fewer off-street pazking spaces to be provided for the proposed use than the number of such spaces necessary to acconunodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 3. That waiver (b) pertaining to maximum fence height is hereby approved since there aze special circumstances applicable to the property due to the unique size, shape, and topography of this former landfill site which do not apply to other property under identical zoning classification in the vicinity. Moreover, the fencing will mitigate visual impacts to adjacent residential land uses .and create an adequate buffer between the commercial and residential uses. 4. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project is compatible with existing and sun•ounding land uses, and will further provide a project that is compatible and consistent with the General Plan Regional Commercial land use designation; 5. 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 particulaz azea or to health and. safety of the citizens of the City of Anaheim. 6. That, with implementation of the mitigation measures set forth in Mitigation Monitoring Plan No. 119, the approval of the proposed shopping center will not impose an undue burden upon the streets and highways designed and improved to cagy the traffic in the azea. 7. 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. 8. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. -2- PC2008-* WHEREAS, the City Council certified the Final Environmental Impact Report for the West Anaheim Commercial Corridors Revelopment Project Area in 1998. The Council also approved a Statement of Findings and Facts and Mitigation Monitoring Plan No. 119 in conjunction with the Final EIR. The Pinal EIR addressed the enviromnental impacts and mitigation measures associated with those activities that would be undertaken pursuant to and in furtherance of the West Anaheim Commercial Corridors Redevelopment Plan. In 2002, the Council adopted an Addendum and its technical appendices to the Final EIR in conjunction with Conditional Use Permit No. 2002- 04603. The Addendum concluded that the proposed shopping center would not result in new significant impacts or substantial increases in the severity of previously identified significant impacts. Therefore, the previously-certified Final EIR, together with the Addendum and Mitigation Monitoring Plan No. 119, will serve as the required environmental documentation for the proposed project actions. NOW, THEREFORE, BE IT RESOLVED by the Anaheim Planning Commission of the City of Anaheim that the conditions of approval heretofore imposed on Conditional Use Pemut No. 2002-04603, as set forth in City Council Resolution No. 2002R-233 be, and the same hereby amended in their entirety, to read as follows: No. Conditions of Approval Responsible for Monitoring ~~~ fG-~ ~~ jj TO~ISSUAIITCEO,FBUILDINGPERMITS ~ ` ~ `~~~`~~~`~'~ `f RIQI~' ~~ "" pp h~?E._~P.~~irrf ~ , y ,,,... .+ r 'ISe?F ~` ).S..Y ~it~. ~~-c ~~~ in.~ki u1 ~~~ ~ ~ - i~TPZ.~',~..rll3f. That the following final plans shall be submitted to the Planning Department for 1 Planning Commission review and approval as a "Reports and Recommendations" planning item: ® Fully dimensioned; scaled, and detailed site plan ® Fencing and landscaping plans (with materials, sizes, and locations of plant materials), ® Comprehensive signage program ® Final grading and property sectional plans ® Building elevation plans including a colors and materials board ® Accent paving plans o Decorative lighting plans ® Roof and ground-mounted equipment location and treatment plans ® Truck well treatment plans ® Detailed site, floor, lighting, and elevation plans for the full service -3- PC2008-*** Responsible for No. Conditions of Approval Monitoring restaurants A letter of operation indicating all operational aspects of each of the ' full-service restaurants, including the hours of operation ® Detailed outdoor seating and public plaza plan, including public art, landscaping, and water features ® Detailed floor plans and letter of operation indicating the proposed hours of operation for the amusement device arcade ® Detailed site, floor; and drive through lane plans for the drive-through restaurants ® Detailed site, fencing, floor, elevation, lighting, and landscaping (with materials, sizes and locations of plant materials and methods of screening) plans for the self storage/RV .and boat storage facility ® A letter of operation indicating all operational aspects of the self storage/RV and boat storage facility, including the hours of operation That an unsubordinated restricted covenant providing reciprocal access and 2 pazking, approved by the Planning Department and in a form satisfactory to the Planning City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Department. In addition, provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral pazcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and azchitectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. That all air conditioning facilities and other roof and ground-mounted equipment 3 shall be properly shielded from view. Such information shall be specifically Planning shown on the plans submitted for building permits. That all plumbing or other similaz pipes and fixtures located on the exterior of the 4 building shall be fully screened by architectural devices and/or appropriate Planning building materials; and, further, such information shall be specifically shown on the plans submitted for building ennits. That the granting of the parking waiver is contingent upon operation of the use in 5 conformance with the assumptions and/or conclusions relating to the operation Planning and intensity of use as contained in the parking demand study dated August 2006, and addendum dated April 4, 2008, that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver -4- PC2008-* Responsible for No. Conditions of Approval Monitoring which shall subject this permit to termination or modification pursuant to the provisions of Section 18.60.210 of the Anaheim Municipal Code. That a landscape earthen berm and/or a row of hedges shall be incorporated into 6 the entire length of the setback adjacent to Beach Boulevard and Lincoln Avenue Planning with the exception of ingress/egress areas. Further, dense landscapingshall be provided adjacent to Beach Boulevard and Lincoln Avenue to .adequately screen the drive through lanes, and where possible; existing mature landscaping should be preserved: Said information shall be specifically shown on plans submitted fore building permits. That a tentative parcel map to record the consolidation of parcels on the subject 7 property shall be submitted to and approved by the City'of Anaheim and shall planning, Public then be recorded in the Office of the Orange County Recorder. ' Works That plans shall be submitted to the Planning Department for review and approval g showing conformance with the current version of Engineering Standard Details planning 402, 436, 470, and 471. pertaining to parking standazds and Engineering Standazd Detail 473 pertaining to driveway locations and driveway spacing. Subject property shall thereupon be developed and maintained in conformance with said lans. That plans shallindicate that adequate lighting shall be provided throughout the: 9 project, including circulation aeeas; aisles; passageways, recesses, and grounds:: planning contiguous to buildings with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe; secure environment for all persons, property, and vehicles on-site. Plans submitted for building permits'. shall include a note that said lighting shall be installed prior to the first final building and zoning inspection for the parking structure. That plans shall indicate that the building addresses shall be clearly mazked with 10 its appropriate building number and address. These numbers shall be ppsitioned planning, Police so they aze easily viewed from vehicular and pedestrian pathways throughout the complex. The building numbers shall be a minimum of 12-inches in height. Main building numbers and address numbers shall be illumiriated during hours of dazkness. Plans submitted for building permits shall include a note that said numbers shall be installed priorto the first final building and zoning inspection for each building. That plans shall show that four (4) foot high address numbers shall be displayed 11 on the roof of the building in a contrasting color to the roof material. Said Planning, Police numbers shall not be visible from view of the street or adjacent properties. Said information shall be subject to the review and approval of the Police Department and the Planning Department,: Planning Services Division.. Plans submitted for building permits shall include a note that said numbers shall be provided prior to the first final building and zoning inspection for each building. 5- PC2008-*** Responsible for No. Conditions ol'Approval Monitoring That plans shall be submitted for approval by the Public Utilities Department, 12 Water Engineering Division and the Cross Connection Control Inspector Planning, Public demonstrating that all backflow equipment shall be located above ground outside, Utilities Water of the street setback area in a manner fully screened from all public streets and alleys in locations approved by the Water Engineering Division of the Public Utilities Department and the Planning Department. Any backflow assemblies currently installed in a vault shall be brought up to current standazds. Any other lazge water meter system equipment shall be installed to the satisfaction ofthe Public Utilities Department, Water Engineering Division above ground and outside of the street setback area on private property in an easement, in a manner fully screened through landscaping from all public streets and alleys. That plans shall show that al] proposed water vaults, telecommunication utilities, 13 and all other above-ground utilities shall be located behind the setback and fully planning screened as required by Code or integrated within the proposed buildings: That the property owner shallsubmit a letter requesting termination of 14 Conditional Use Permit No. 464 (to construct a directional sign facing Beach Planning Boulevard), Variance No. 1956 (to permit a warehouse in conjunction with an existing furniture store with waivers of minimum required side yazd setback and required masonry wall at 220 North Beach Boulevard), Conditional Use Permit No. 1307 (to permit on-sale liquor in conjunction with a proposed restaurant. at 310 North Beach Boulevazd with waiver of height of masonry wall abutting a residential zone) ,Conditional Use Permit No. 1338 (to permit the sale of beer and wine in an existing restaurant at 300 North Beach Boulevazd), Vaziance No. 2650 (waiver of permitted sign location to reconstruct an existing freestanding: sign at 220 North Beach Boulevard), Conditional Use Permit No. 1651 (to permit a 41-unit motel at 320 North Beach Boulevard), Conditional Use Permit No. 3559 (to permit an auto service and tire installation facility at 222 North Beach Boulevard), Conditional Use Permit No, 3593 (to permit the on-premise sale and consumption of alcoholic beverages in conjunction with a restaurant and billiazd center at 314 North Beach Boulevard), Conditional Use Permit No. 3670 (to permit'the on-premise sale and. consumption of alcoholic beverages within an existing restaurant and billiard center with live music and entertainment at 314_ North Beach Boulevard) to the Planning Services Department. That plans submitted for building permits shall include a note that ongoing during 15 construction, emergency contact information including contact name and phone planning number shall be posted on the project site. Said information shall be indicated on plans submitted for building permits. That all roof-mounted equipment shall be screened from view of the public rights 16 of way and surrounding properties in compliance with Section 18.46.210 of the Planning Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits That in implementation of mitigation measures no. 2 and 3 for "Hazards" as set 17 forth in the Mitigation Monitoring Plan, the applicant shall implement those planning, (MM- regulatory requirements and measures imposed upon the project by the Orange Public Works -6- PC2008-* Responsible for No. Conditions of Approval Monitoring HAZ 2,3) County Health Caze Agency's Environmental Health Division (LEA) and the Development Santa Ana Regional Water Quality Control Board (RWQCB) as set forth in Services Appendix F and Appendix G, respectively, of the Final EIR Addendum. That the legal owner of subject property shall provide the City of Anaheim with a 1 g public utilities easement as determined to be necessary when the electrical design Public Utilities is completed. Electrical That property owner/developer shall finalize the abandonment of any existing 19 public utilities easements to the satisfaction of the Department of Public Works, Public Utilities Development Services Division and the Public Utilities Department, Electrical Electrical Engineering Division. That the property is to be served with underground utilities per the Electrical 20 Rates, Rules, and Regulations. Public Utilities Electrical That any required relocation of City electrical facilities shall be at property 21 owner/developer's expense per the Electrical Rates, Rules, and Regulations. Public Utilities Electrical That plans shall show the location and required landscape and/or hazdscape 22 screening of all pad-mounted equipment. Public Utilities Electrical That plans shall demonstrate that all above-ground utility devices shall be located 23 on private property and outside any required setback areas unless otherwise Public Utilities permitted by Code. Electrical That plans shall show conformance with the current version of Engineering 24 Standard Detail 115 pertaining to sight distance visibility for signs, landscaping, Public Works, and fence/wall locations and pertaining to commercial driveway design to the Traffic satisfaction of the City Engineer. Engineering 25 That plans shall be submitted to show any proposed gates and shall demonstrate public Works that gates shall not be installed across any driveway in a manner which may , Traffic adversely affect vehicular traffic on the adjacent public street. Installation of any Engineering gates shall conform to all applicable City of Anaheim, Department of Public Works, Standazd Plans and Details. The location of any proposed gates shall be subject to the review and approval of the City Traffic and Transportation Manager. 26 That plans submitted for building permits shall include a note that prior to final " Public Works No Pazking Any building and zoning inspection, fire lanes shall be posted with , . Traffic Time." Said information shall be specifically shown on plans submitted for Engineering building permits. -7- PC2008-*** Responsible for No. Conditions of Approval Monitoring 27 That plans shall show that emergency exits, not intended as a primary entrance, Police shall have no exterior handles, knobs, or levers. That property owner/developer shall submit plans to the Police Department for 28 , review and approval for the purpose of incorporating safety measures in the Police project design including the concept of crime prevention through environmental design (e.g. building design; circulation, site planning, and lighting of parking structures and parking azeas). That plans submitted for building permits shall contain a note that there shall be 29 no public telephones on the property that are located outside the building.... Police That plans submitted for building permits shall indicate that all doors .serving any 30 restaurants shat] conform to the requirements of the Uniform Fire Code and shall Police be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. That plans submitted for building permits shall show lighting to be directed, 31 positioned and shielded in such a manner so as not to unreasonably illuminate the Police windows of nearby residences. That plans shall show how emergency vehicular access will be provided and 32 maintained in accordance with Fire Department Specifications and Requirements. Fire That prior to issuance of the first building permit, or prior to delivery of 33 ' combustible materials for construction of buildings, whichever occurs first, Fire, Public property owner/developer shall complete all necessary water facilities to provide Utilities Water the fire flows required by the Fire Department. Said information shall be specifically shown on plans submitted for building permits. That prior to issuance of the first building permit and prior to commencement of 34 structural framing, fire hydrants shall be installed and chazged as required by the Fire Fire Department and shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow: Said information shall be specifically shown on plans submitted for building permits. That an automatic fire sprinkler system shall be designed, installed and 35 maintained as required by the Fire Department. Said information shall be Fire specifically shown on plans submitted for building permits. Provisions for continued maintenance of the fire sprinkler system shall be included in the recorded CC&Rs for the project pursuant to the conditions contained herein. 8- PC2008-*** Responsible for No. Conditions of Approval Monitoring That all existing water services and fire lines shall conform to current Water 36 Services Standards Specifications. Any water service and/or fire line that does Public Utilities not meeYCUrrent standazds shall be upgraded if continued use is necessary or Water abandoned if the existing service is no longer needed. Property owner/developer shall be responsible for the costs to upgrade or abandon any water service or fire line: That property owner/developer shall irrevocably offer to dedicate to the City of 37 Anaheim an easement on owner's Property for all lazge domestic water meters, Public Utilities including a five (S) foot wide easement around the water meter pad, a twenty (20) Water foot wide easement for all water service laterals, and an easement for other public water facilities to the satisfaction of the Water Engineering Division of the Public Utilities Department. The requirements. and easement notes of the Public Utilities Department, Water Engineering Division shall be included in all easement dedications/deeds for water facilities. That because this project has a landscaping area exceeding 2,500 square feet, 38 plans shall specifically show that a separate irrigation meter shall be installed in Public Utilities compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Water Municipal Code. Said information shall be specifically shown on plans submitted for building permits. Plans submitted for building permits shall include a note that property owner/developer shall install the required meter and backflow device prior to the first final building. and zoning inspection. That prior to submitting an application for water meters, fire lines or water. 39 improvement plans for approval, whichever occurs first, owner shall submit to the Public Utilities Public Utilities Department; Water Engineering Division, an estimate of the Water maximum fire flow rate and maximum day and peak hour water demands for the entire project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 1SA.6 of the Water Utility Rates, Rules, and Regulations. That all requests for new water services or fire lines, as well as any modifications, 40 ' relocations, or abandomnent of existing water services and fire lines, shall be Public Utilities processed through and approved by the Public Utilities Department, Water Water Engineering Division. That prior to issuance of a building permit or approval of a grading plan, 41 whichever occurs first, plans shall demonstrate that all existing water services and Public Utilities fire lines shall conform to current Water Utility Standards to the satisfaction of Water the Public Utilities De artment, Water Engineering Division. Any existing water -9- PC2008-*** Responsible for No. Conditions of Approval Monitoring services and/or fire lines that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned, if no longer needed, by the property owner/developer prior to issuance of a building permit or approval of the ' grading plan, whichever occurs first That a private water system with sepazate water service for fire protection and 42 domestic water shall be provided. Said information shall be shown on plans Public Utilities submitted for building permits. Water That plans submitted for building permits shall indicate trash storage areas in a 43 location acceptable to the Public Works Department, Streets and Sanitation Public Works, Division, as depicted in the approved Final Site Plan. Streets and Sanitation That property owner/developer shall submit a final written solid waste 44 management plan signed by the owner to the Streets and Sanitation Division of Public Works, the Public Works Department for review and approval. The property owner shall Streets and then operate in accordance with the approved written solid waste management Sanitation plan, as it may be modified by owner from time to time subject to written approval by the Director of Public Works. Said solid waste management plan shall be incorporated into the recorded CC&Rs for the property required pursuant to conditions contained herein. That plans submitted for building permits shall include a note that on-going 45 during projecfopet'ation, no required parking areas shall be fenced or otherwise Code enclosed for outdoor storage uses. Enforcement, Planning That as required by the Public Works Department, street trees shall be installed 46 by the property owner, within the public rights-of--way adjacent to Beach Public Works Boulevard and Lincoln Avenue: The size and number of trees shall be provided Development to the satisfaction of the Public Works Depaztment. Said information shall be Services shown on plans submitted for building permits. That all driveways shall be constructed with ten (10) foot radius curb returns as 47 required by the City Engineer in conformance with Engineering Standard No. Public Works 137. Said information shall be specifically shown on plans submitted for building Development permits. Services That for those sites with known hazardous materials or structural conditions, 48 underground tank leakage, or where existing contamination is known to exist, a Public Works (MM- complete soils test and analysis shall be performed prior to development. If the Development HAZ 1) results of the soils test indicate the presence of contamination, appropriate Services, remediation will be identified and implemented. No development. shall be Planning -10- PC2008-*** Responsible for No. Conditions of Approval Monitoring allowed on the site until the applicant has submitted evidence of complete remediation to the City. That the applicant shall comply with the recommendations of the Limited 49 Geotechnical Investigation prepared by G. A. Nicoll & Associates and with the Public Works, (MM- Uniform Building Code and appropriate City seismic standards. Traffic GEOL 1) Engineering That a traffic impact study shall be submitted to the Department of Public Works Traffic Engineering Division for review and approval: Said study shall be Public Works, prepazed to the satisfaction of the Department of Public Works in accordance ' ` Traffic With City of Anaheim criteria. As based upon the Final Site Plan approved by the Engineering 50 Planning Commission as a "Report and Recommendation" item, and final land (MM- uses as identified in the Final Site Plan, the traffic study shall identifyany TRAF 1) .project-generated increases that result in unacceptable levels of service, as determined by the Department of Public Works. The traffic study shall also identify appropriate improvements to reduce traffic impacts to acceptable levels and include a phasing plan. The phasing plan shall specify timing and funding commitments to implement the improvements including (but not limited to) preliminary engineering, environmental clearance, final engineering, right-of--way acquisition, construction, and inspection. That to the extent feasible, the following components shall be incorporated into the project: Public Works, Traffic 51 a) Rideshazing Programs: Engineering, (~- • Carpooling and Vanpooling- Planning, Modified Work Schedules SCAQMD AQ 2) b) Parking Management • Off-Street Parking Controls • Parking Management Programs c) Non-Motorized Strategies • Bicycle Storage Facilities • Pedestrian Improvements That precise water system requirements shall be determined during specific Public Works 52 project design review. Water design requirements will be subject to the Development (MM- provisions of site plan review by the City of Anaheim. Required water system Services, WAT improvements shall be in place. Planning 1,2) That the developer shall submit a design level sanitary sewer study for the 53 proposed commercial center to the Public Works Department, Development Public Works (MM- Services Division for review and approval. This study shall be prepazed to the Development -11- PC2008-*** Responsible for No.: Conditions of Approval.. Monitoring WASTE satisfaction of the Public Works Department Department and shall be consistent Services, 1-5) ' with the Combined West Anaheim Area Master Plan of Sanitary Sewers Planning (November 2001, 1st Revision June 2002): All of the recommendations of this sewer study shall be implemented prior to final building and zoning inspections, as required by the Public Works Department.. ~j$TZ~ 'C~~'' { ~F~ RIOR TOT7NAL,BUILDIIVGAND ZONINGINSPECTIONS,' ° ~~y~l ' ,P ~~ ' ~f ~ t .x ~+. 3~~4..~~ !~ ~ 41 J'{~4 ~' ~.. 1.~& Y.u. ~~~ A .(v~Y' That property owner/developer shall provide the City of Anaheim with a public.. 54 utilities easement (per final electrical design), along/across high voltage lines, low Public Utilities voltage lines crossing private property, and around all pad-mounted transformers, Electrical switches, capacitors, etc. on owner's Property.. Said easement shall be submitted to the City of Anaheim priorto connection of electrical service... , N ~1. ~ i~[/ 2 i ~f 1: . G3„` 4 f ~ n . i 1 ~ l,(iR +t54• fPRlO~TO'CiRADINGPERMITS '~~ ty y~ ' ~ ~ "t~ ,r~, y i ~, . '~' C ~ ~ ~!ik ~ 3! ~ The applicant shall submit andbbtain approval from the Manager of Subdivisions 55 and Grading; of a Water Quality Management Plan (WQMP) specifically '' Public Works (MM- identifying Best Management Practices (BMP's) that will be used on-site to Development HYD 1) control predictable pollutant runoff. This WQMP shall identify; at a minimum,' Services the routine, structural and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP) Appendix which details implementation of BMPs whenever they are applicable to a project, the assignment of long term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.), and shall reference the location(s) of structural BMPs. ~ + „ r , ~ t ~ ~ , ~w~.r ~ t ,.. That ongoing during project construction, the property owner/developer shall SCAQMD, 56 implement measures to reduce construction-related air quality impacts. These Building, Public (MM- measures shall include (but are not limited to): Works AQ 1) Development a. Normal wetting procedures (at least twice daily) or other dust palliative Services measures shall be followed during earth-moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim. , Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed azeas as quickly as practicable. ' b. Enclosing; covering, watering twice daily; br applying approved soil binders, according to manufacture's specification, to exposed stock piles. -12- PC2008-*** No. Conditions of Approval Responsible for Monitoring c. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. d. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. e. Trucks importing or exporting soil material and{or debris shall be covered prior to entering public streets. f Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating on site roads and staging areas. g. Preventing trucks from idling for longer than 2 minutes: h. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. i. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. j. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. k. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. 1. Use low emission mobile construction equipment (e.g., tractors, .scrapers, dozers, etc.) where practicable. m. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. n. Maintain construction equipment engines by keeping them properly tuned. o. Use low sulfur fuel for equipment, to the extent practicable. That this development is limited to a maximum of twenty five (25) tenant spaces. Flanning 57 -13- PC2008--*** Responsible for No. Conditions of Approval Monitoring That no required parking area shall be fenced or otherwise enclosed for outdoor Planning 58 storage uses. That property owner/developer shall be responsible for compliance with all Planning 59 mitigation measures within the assigned time frames and any direct costs ' associated with Mitigation Monitoring Plan No. 119 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. That timing for compliance with conditions of approval may be amended by the Planning 60 Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. That subject property shall be developed substantially in accordance with plans Planning 61 and specifications submitted to the City of Anaheim by project applicant and which plans aze on file with the Planning Department marked Exhibit No. 1 of Conditional Use Permit No. 2002-04603 (Tracking No. 2008-05803), and as conditioned herein.... That approval of this application constitutes approval of the proposed request Planning 62 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 regazding any other applicable ordinance, regulation or requirement. That extensions for further time to complete conditions of approval may be Planning 63 granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. That no exterior vending machines shall be permitted within the view of the Code 64 public rights-of--way. Enforcement That the landscape planters shall be permanently maintained with live and healthy Code 65 plant materials. Enforcement That no outdoor speakers shall be permitted in conjunction with the home Code 66 improvement store and outdoor storage facility. Enforcement That the following conditions shall apply to all establishments with sales of Police/Code 67 alcoholic beverages for off-premises consumption: Enforcement -14- PC2008-*** No. Conditions of Approval Responsible for Monitoring • No display of alcoholic beverages shall be located outside of a building or - within five (5) feet of any public entrance to the building. • There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior IIOm 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. • The azea of alcoholic beverage displays shall not exceed 25% of the total display area in a building. • The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similaz size containers shall be prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. • The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or azound these premises. • There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. • Wine shall not be sold in bottles or containers smaller than 750 ml. and wine-coolers must be sold in manufacturer pre-packaged multi-unit quantities. • That the activities occurring in conjunction with the operation of these establishments shall not cause noise disturbance to surrounding properties. s That alcoholic beverages shall not be sold in the drive through lane of the pharmacy. Alcoholic beverages shall only be sold inside the pharmacy building. That the following conditions shall apply to all full service restaurants with sales Police/Code 68 of alcoholic beverages for on-premises consumption: Enforcement • At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. • That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of -I S- PC2008-*** No. Conditions of Approval Responsible for Monitoring Anaheim. • There shall be no pool tables or amusement devices maintained upon the premises at any time unless the proper permits have been obtained from the City of Anaheim. • That the alcoholic beverage licenses shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. • The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the sepazate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim offrcial when requested. • That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. • That the sales of alcoholic beverages for consumption off the premises shall he prohibited. • There shall be no admission fee, cover charge, nor minimum purchase required. • 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 alcohol beverages, with the exception of one (1) sign indicating cocktails': • That the activities occurring in conjunction with the operation of these establishments shall not cause noise disturbance to surrounding properties. • That the business operator shall comply with Section 24200.5 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. • At all times that entertainment or dancin is emitted, security measures -16- PC2008-*** Responsible for No. Conditions of Approval Monitoring 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 prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. • That all doors serving subject restaurants shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, to permit deliveries and in cases of emergency. • That the outdoor dining area shall be completely enclosed by fencing or other such permanent structure as approved by the City, at least forty (40) inches in height, into which entry is only possible from the interior of the business. Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons/employees other than in an emergency. Said information shall be shown on plans submitted for building permits. • 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). ' That the following conditions shall apply to the self storage facility:. Code 69 Enforcement • That any on-site maintenance or repair of recreational vehicles, cars, boats, personal watercraft, motorcycles, or trailers, shall be prohibited. • That no public sales of propane gas or the public use of dumping stations shall be permitted at this property. A maximum of one (I) sanitary dump station, for the use of tenants only; shall be permitted. A plan showing the location of said facility shall be submitted to the Planning Department for review and approval • That no commercial tractor trailers or 18-wheel vehicles shall be permitted. o That no storage of inoperable vehicles shall be permitted and that no unlicensed vehicles shall be stored at the site. That any and all security officers provided shall comply with all State and Local Police/Code 70 ordinances regulating their services, including, without limitation, Chapter 11.5 Enforcement of Division 3 of the California Business and Profession Code. (Section 4.16.070 -17- PC2008-*** Responsible for No. Conditions of Approval Monitoring Anaheim Municipal Code). The activities occurring in conjunction with the operation of this establishment 'Police/Code 71 shall not cause noise disturbance to surrounding properties. Enforcement That on-going during project operation, the property shall be permanently Code 72 maintained in an orderly fashion through the provision of regular landscaping Enforcement maintenance, removal of trash or debris, and removal of graffiti within twenty- four (24) hours from the time of discovery. That during construction, anal]-weather access road as .approved by the Fire Fire 73 Department shall be provided: * Mitigation measures from the previously-approved Mitigation Monitoring Plan No. 119 have been incorporated into this resolution as conditions of approval. 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 herein set forth. Should any such condition; or any part thereof, be declazed 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 owner/developer is responsible for paying all charges related to the processing of this discretionary case application within 15 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 chazges 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 April 14, 2008. 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 maybe replaced by a City Council Resolution in the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -18- PC2008-*** 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 April 14, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -14- PC2008-*** ir~mu ®r ANAHEIM n®u®u®u®i rY BOUNDARY Q W J O m U Q W m LINCOLN AVENUE w w G, 0 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. Subject Property Conditional Use Permit No. 2002-04603 (Tracking No. CUP2008-05308) Public Convenience or Necessity No. 2002-00008 (Tracking No. PCN2008-00041) r ~ w ~ .CftES LENT AVE ~ - _ w Q ~ ~ G ~ ~ w G x _ ~" __ .~ - ; ' o _ ~ _ w uNCdiFAVE i I$ ¢ w w ERGno a wnr y 'N w N ,; w GRANGE AVE O i 200-328 North Beach Boulevard and 2951-2961 West Lincoln Avenue 10509 [DRAFT] ATTACHMENT N®. 3 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING PREVIOUSLY-CER"fIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WEST ANAHEIM COMMERCIAL CORRIDORS REDEVELOPMENT PROJECT AREA AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 119 AND FURTHER AMENDING AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY N0.2002-00008 AND AMENDING RESOLUTION NO.2002R-234 (TRACKING NO. PCN2008-00041) (200-328 NORTH BEACH BOULEVARD AND 2951=2961 WEST LINCOLN AVENUE) WHEREAS, on July 11; 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business. and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and. WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, on November 5, 2002, the CiTy Council, by its Resolution No. 2002R-234, approved a Determination of Public Convenience or Necessity No. 2002-00008 to permit retail sales of alcoholic beverages for off=premises consumption within a proposed grocery store, in conjunction with Conditional Use Permit No. 2002-04603 fpr a commerciab retail center. WHEREAS, the Planning Commission of the City of Anaheim did receive an application for an amendment to previously-approved Determination of Public Convenience or Necessity No. 2002-00008 to permit the retail sales of alcoholic beverages for off-premises consumption in a grocery store and pharmacy within a regional shopping center on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, the property is currently vacant and is zoned C-G (General Commercial) and RM-4 (Multiple-Family Residential with a resolution of intent to C-G) and the Anaheim General Plan designates the property for Regional Commercial land uses; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevazd, on April 14; 2008; at 230 p.m., notice of said public hearing having been duly given as required by law and in PC2008-*** accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against the proposed amendment to Public Convenience or Necessity No. 2002-00008 (Tracking No. PCN2008-00041), 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 heazing, does find and determine the following facts: 1. That the General Commercial (C-G) zone permits the retail sale of alcoholic beverages for off-premises consumption in a grocery store and pharmacy within a regional shopping center and the intent of the Code is to provide such sales as a convenience for patrons. 2. That California State Law requires a Determination of Public Convenience or Necessity when property is located in a police reporting district with a crime rate above the city average; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny. an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be .served by issuance of a license. 3. ; ..That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding azea. 4. That subject property is located in Reporting District 1616, which has a crime rate of 13 percent above the City average and is also located in Census Tract 868.03 which permits 5 off-premises sales and consumption licenses and currently there aze S licenses existing. 5. That there are no schools or public parks adjacent to the subject site. 6. That there aze ABC licenses for off=premises sale and consumption adjacent to the site; however, the conditions of approval will ensure that approval of this request will not adversely affect any adjoining land use or the growth and development of the surrounding azea. 7. That the Determination of Public Convenience or Necessity can be made based on the finding that the licenses requested are consistent with the Planning Commission guideline for such determinations. 8. That alcoholic beverage sales for off-premises consumption will be accessory to the general retail sales of the proposed grocery store and pharmacy. The retail stores with accessory alcoholic beverage sales will provide a convenience to patrons visiting the shopping center for various types of merchandise, dining, and personal services: Therefore, the two - 2 - PC2008-*** requested off sale licenses will not be detrimental to the area provided that restrictions on the sales of alcoholic beverages are included in the approval. 9. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, the City Council certified the Final Environmental Impact Report for the West Anaheim Commercial Corridors Revelopment Project Area in 1998. The Council also approved a Statement of Findings and Facts and Mitigation Monitoring Plan No. 119 in conjunction with the Final EIR. The Final EIR addressed the environmental impacts and mitigation measures associated with those activities that would be undertaken pursuant to and in furtherance of the West Anaheim Commercial Corridors Redevelopment Plan. In 2002, the Council adopted an Addendum and its technical appendices to the Final EIR in conjunction with Conditional Use Permit No. 2002-04603. The Addendum concluded that the proposed shopping center would not result in new significant impacts or substantial increases in the. severity of previously identified significant impacts. Therefore, the previously-certified Final EIR, together with the Addendum and Mitigation Monitoring Plan No. 119, will serve as the required. environmental documentation for the proposed project actions. NOW, THEREFORE, BE IT RESOLVED by the Anaheim Planning Commission of the City of Anaheim that the conditions of approval heretofore imposed on Public Convenience or Necessity No. 2002-00008, as set forth in City Council Resolution No. 2002R- 234 be, and the same hereby amended in their entirety, to read as follows: Responsible No. Conditions of Approval for Monitorin TIMING: PRIOR TO FINAL BUILDING AND ZONWG INSPECTIONS That this Public Convenience or Necessity No. 2002-00008 Planning 1 (Tracking No. PCN2008-00041) is hereby granted expressly conditioned upon approval of Conditional Use Permit No. 2002- 04603 (Tracking No. CUP2008-05308). The subject property shall be developed substantially in Planning ~ accordance with the plans and specifications submitted to the City of Anaheim by the .applicant and which plans are on file with the Flanning Department and labeled Exhibit No. 1 and as conditioned herein. TIMING: GENERAL CONDITIONS The timing for compliance with conditions of approval may be Planning 3 amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the a licant has demonstrated si nificant ro ress towazd - 3 - PC2008-*** establishment of the use or approved development. 4 Extensions for further time to complete conditions of approval Planning maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 5 Approval of this application constitutes approval of the Planning 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 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 herein 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 applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice for this project. Failure to pay all chazges 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 April 14, 2008. 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 - 4 - PC2008-*** STATE OF CALIFORNIA ) COUNTY OP 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 April 14, 2008, 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 .2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 5 - PC2008-*** U ANAHEIM CITY BOUNDARY 0 Q W J O m 2 U Q W m LINCOLN AVENUE w' W N W p: O Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. Subject Property Conditional Use Permit No. 2002-04603 (Tracking No. CUP2008-05308) Public Convenience or Necessity No. 2002-00008 (Tracking No. PCN2008-00041) ' 6 L w .[RESCENTAVE 'p I' Q ~ 1 I a w o --- x ' .~ t o r , ~ W. IINCOINAVE li l< i W BROAp WAT W ~G ~>' 13 VI ORAN ~ GE AVE , . , 200-328 North Beach Boulevard and 2951-2961 West Lincoln Avenue '10509 ,~, nHC~M c,. ,~ ,a, ;: _. ~~ ~ > ~- \ ;.; a~-- ;,; '`.'~'U EO.% f City of Anaheim COIVIMTJI~TI'I'Y I)EVEI~OPMEI~T'I' To: Plarming Commission From: ~~j~d1~ Stiplcovich, Executive Director C: 7oe1 Fick, Deputy City Manager Sherri Vander Dussen, Planning Director Date: February 18, 2008 - ATTACHMENT NO. 4 Subject: CONDITIONAL USE PERMIT AMENDMENT, ANAHEIM WESTGATE CENTER, 200-328 NORTH BEACH BOULEVARD AND 2951-2961 WEST LINCOLN AVENUE The Anaheim Redevelopment Agency, as property owner and acting as the applicant, requests an amendment to the existing Conditional Use Permit and Determination of Fublic Convenience and Necessity that have been issued for the site known as the Anaheim Westgate Center. The amendment will allow the operation of a drug store with a dual drive thru, provide the drug store with the right to sell alcoholic beverages for off- premise consumption, and provide for greater flexibility in the number and placement of full service and fast food restaurants. Background In November 2002, the Flanning Commission granted CUP 2002-046030 for the Westgate Center. The pertinent sections of the CUP permitted the Westgate Center to have two drive thru fast food restaurants, three full service restaurants with sales of alcohol for on- premise consumption. To accommodate the Westgate Center's development schedule the CUP and other laud use entitlements were extended first in October 2004 and most recently in October 2006. Current Request Since the initial entitlement actions appeared before the Plamting Commission, significant progress has been made in obtaining approval from the various regulatory agencies for the development of the Westgate Center. Additionally, the City Council has approved and executed the Development and Disposition Agreement with the Developer, Zelman Retail Partners. The Developer is in the final stages of lease negotiations with the anticipated tenants of Westgate. To accommodate the needs of one of the major tenants (a Longs Drug store), the existing CUP needs to be amended to allow a dual drive thru lane and sales of alcoholic beverages for off-premise consumption. When the Westgate project uses were initially contemplated, a drug store was incorporated within the grocery store and the grocery store's ability to transfer an existing liquor license to the Westgate site gave it the right to sell alcohol. However, at this time there will also be a stand alone, drug CUP2002-04603 PC MEETING DATE: 04114108 F:\-OCS\PROPSVCSMEMOS\-GM1itlAtl.\CUPl9nga--C OL19/UtlI:45:]9 PM FILE COPY Conditional h Permit Amendment Westgate Ctr, N. ~ch~Bivd~&-'W:~LinCOln NO. 4 February 18, ~uu8 Page Z of 2 store/general merchandise use in addition to the food store. The proposed drug store/general merchandise requires a dual drive thru lanes and the ability to sell alcohol beverages for off-premise consumption. To provide Che Developer with the greatest flexibility possible in attracting high quality tenants, the Redevelopment Agency also requests that the mix of fast food and sit down restaurants as specified in the existing CUP be amended. This request will allow for up to three full service restaurants instead of requiring Chree full service restaurants. The locations of the potential sit down restaurants are identified on the attached site plan as within pads F and pad G. This amendment will also provide for ~ to three fast food restaurants with drive thru facilities instead of just two fast food restaurants. The locations of the potential fast food restaurants are identified as Pads H, J, and K. Summary Since the original entitlement actions for the Westgate Center were approved, market conditions have changed and now require amending the Conditional Use Permit. These amendments will allow a stand alone drug store to have off-premise alcohol sales of and dual drive thru lanes. This amendment will also allow for greater flexibility in the mix of sit down and fast food restaurants. The Redevelopment Agency and the Developer will be coming back to the Planning Commission to submit a Reports and Recommendations regarding the following plans: a fully dimensioned site plan, final landscape plans, a comprehensive signage program, a final fencing plan, building elevation plans, accent paving plans, decorative lighting plans, final roof plans, final truck well treatment plans. Staff from Community Development is available to respond to any questions the Planning Commission may have regarding khis matter. Thank you for your consideration of this request. V:~OOCNNOYSVCSUIE~fOS~bGM8218AClIPlongc.OOC ULI9/U8Lt:41:09 PM ATTAC~IMENT Iii®. 5 rn a a ~s <~ a O fi C > '~' v o ~ ` '& c c n o m i ~ c $ °' in U ~c- u ~ a S ` 00 a Jy ~ rn o n~ 19 ~N g~~ ~= rv ~'' eE 8 aZ ~ i O ,- .` ~j Q ~ ~ ~ ° \ d o i w ~ a ~ Q a 3Atl tlIlON~JVW ~ S .----- c-~ ' ' ~ ~+ 3 d U ro ~r 0 H O m ~ ~ O ~ ~ W ~ O Z _ _ _,__ 3A tl 31tl0 ~ ~ ~ N p co; + ~ + a ~'o ~o W ~~ ~ r ti N ~ I r r UW a. ~ ~ ~ O J ~ a I OAl9 NOtl36 a j w a ¢' z ~'+ ? w a U ~O ~ ~ U Z -J+ N W l~IN _ ~ Q Q m U i O i 3Atl Ni131S3M 6~ ~ 3Atl 110NN ' ~ A'I'TAC~IIVIENT N®. 6 s A y 1 0 ~ ~ I ~ ~ ,t/ I ~` m b t. i 3 'C~' Q ~ a..i ~ ~ e, e a ~s a ee , N O~ o~ k~ < ~ e ~. ~ I Z w a-o e U V bd 3 9 LL 0 1 _ ~ @ 1 g ^ :~ b~., '' ~ ~~ * ~ , a f e e I 1 ~ e. ®® f i / .~Z _. 1 ) __ - -~ m~a I ~ ~ i __~ ~ 1 -~ : r ~ 1 --~ ~.-iII ._ 1 : ., ~ ' s ~ ~aa 1~0~~ !. 1e .,. , . CN.$ 1 e m~~ a 1 .~_-.. ~ e o - -.. err - ---__ - .,~~ oJ~ e, ~~ -_~ ~ o~o I T 1 ~ -~§6 ey ~ _ i ~ m8§ a - ~ a ' ^ ~ €b ~ 1 f 3 1 m ~ __ _.. 1 ' - 1 - ur'- -- - -~ ~-~ - I r i v. a,. e i ~ - ..- ---e- e- -~ - -Y -n ra 1/ ~ I T~u~ __ ~ ~ ~ m~~ 1 L_T ~ ~~ 1 e l~ a I I ,_ Irp o f 1 1 ~I~ o e 1 ~ - ~~ ~I `• ..I . . e [M~~ ~ ~ I 1- L ~ O m .. / ~ _ ~ ~. e 11 ,_, ~, , A'T'TACHMENT N® 5 O 2 () ~y ~~yy ~~yy WW ~~yy W W y~ W W W W ~y W ,y W ~y ~y y~ F 11.. ~~yy ~~yy i Ja aJ<Q6 66 N; QQ Q aa6 JQ aJQQ aJaq NN NNQ~Q ~_ 33333 33gg 33&~ ~`oa~~~~ 33~ ~~G~~333~0 ii~~i '~'~ z~ °z ogz gzu a i~°z o~oo~+}~}°$ »~~ ~~~< 5335555 °q~u So~°o.~~°~ H 3333N 3333 333a 3z N33o3 yo~ ~°mi~~o„~$$ a err ~ o~ ~ to o ,f, ~ ~ u ~ ' < ° ~ o: s a n C ~ ~ ~ F3 ~ _r_F tl s~ ~ J a u o $~ of '~ ~~~~ ~~~~~~ ~~g ~~~~ ~~„o ~ gg ,uq]u~5~~rr B ~3 ~~~ ~ry ~ 4°3~im ~~$~ °zato$ a~Ppu3" itl~ o~w~ ~as~~ B ~ ~ ~~xa ~~~~ w~~~ ~~~~~~~ ~~~ ~~T~~~g~~' $ ~ ~ d a s` C ~, ~i_~~.~ ~ ems ___ a.~mr ooti ~a ~r;«~~~:,aa f a O ~ v_ o ~bm o : a- I I ~ ~ I I ~ { 9 I I I i .. u.~~oo n~..v ~ :._ o __.. __ F ~'~7P.Inf °n 1 •°~- I 1 ~ 1 ~.. ly j -~ i ~~ j a yo I F LJ / ~.- i .-1 ~ F P ~ ~ ~ ._ _ 1 ~ 0 I "- ..... __ _ _ __ 3 • ^ n n 1 F I O o I A fI o 9I Ou1 ~ k A I qi mo` f ~__ .. "' ;• ° ao iR -- 10~ F ..1 1 i op , ~ --° e__.._° oJl I e a j ~ i ~ 0 1 - '- ... ~ ®~ al F L. F _. I I t. 1_r_ I t t i _.. .. i w i v.>~ 0 i i i i plo I 1 1° ~- 1 n 019. F $ m8 I f - ~ F ___~ ~~ I 1 ~ ~ 1 ~ 1 „~,~s°____ `I 1 ~~ f na 1_ _.,~ li' o~ i ,. L... .~i ~ 1 H i s. f c' 1 r, .;~ _ 1 7 ATTACHMENT I+I®. 8 A C 0 F b > Q ~ ¢ q H Q Z g¢ ¢< v N ~ O a LL r aaa ¢~~ zgQ ¢¢ a ~ ~ ozzzz ~ ~ i ¢ ~ ~ o~z~o ~ z,j o86 o''~ ~~ ~ ~m ¢ J 2 - OO~DO a ~ZOi~ _ p000¢ ~2~ 00 OS QU UU ¢ pUU~ ZZUm ZU'6 UU VU < n3~33 z iyoy3 3y~ m .-z3 3i 3i O o a ° ' @ ~~ ~ a m m N n ° N p j ~Nrnr - rvurrvurrv rmnnr ~.-n nr ~~ ~, ~U ~ u < ~ ~ N _ W Z _ NIA 2 4 Y }U } ,'`.~ 2y I- ~ W 2 } N~SN ~ W W 00¢ UU ~ y Q Y 2 S QQ yO W ~1y mN¢ U Y U~ ry 202 ¢ 2 ~ O Q U~ KN U_ U LL' j~ ~1 C a KS U WF~NF Z WyJO¢1 06 ZNZ -i F iO WI ' U'O NU' 'i 5 I' G ~ ~w¢~ - ~ 4 ~ Q W W¢ W C ' i m J '¢3 w~5 Z ~ ' ~ . Y¢m¢ SV 2 kz wEW 7 ) 2cu LLIL ¢ 6 i¢ 0 ~ UUU //~~~ V \/ ~ ~a > 0 K Y 0 f a `2 U¢ U' N Q r Y r K O U m Z Q 5 O U R ^ '' V/ E U m o n o e- ~~ ! o F° m ~ ! as ~ '. - ~ i I ,..n ,. - -_ - __- ! 1 ~ ! ~" J's i ! oa C ! ~ t j m~ i p o ! 1 m -~ - a ~ 1 j O 1 M a ~ 6 e . 4 ~- ~ 1 w .. .~.. _ __-_ ~~..~ .tee ~..ee~m~ { •I n „ ~ti.. p a ~~ ! Ou OD U~ 1. . .. m~ N i 1 ! ~~ v oo i 1 1 vm~~ _.1 v .. Oa YI ~ ~1 1 ... ®Ng ,~~ 6 1 -; ~ N ~ 1 ! ~ e '" ° : ! .,. i t e= 1 ,~. ! d~ 1 mg ' _e --; ~~ ____ m I ~1 :I _ F !w ! ' I ~, e a L it w ~ 1 j1 1 ~! ! 1 ~= --~ ,.