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Attachment 1 - Revised Draft Conditional Use Permit Resolution[DRAFT] ATTACHMENT NO. 1 RESOLUTION NO. PC2023-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A NEW DRIVE-THROUGH RESTAURANT AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2023-00028) (1140-1190 North East Street) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a conditional use permit to construct an 1,200 square foot drive through restaurant within an existing commercial retail center-large (the “Proposed Project”) for that certain real property located at 1140-1190 North East Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 2.16-acres in size and is currently developed with a commercial retail center-large. The property is designated for Neighborhood Center Commercial land uses in the General Plan. The property is located in the “C-G” General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the “Code”); and WHEREAS, Drive-Through Facilities require a conditional use permit subject to the approval of the Planning Commission pursuant to Subsection .040 of Section 18.08.030 (Uses); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 6, 2023, at 5:00 p.m., with notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against said proposed the Proposed Project, and to investigate and make findings and recommendations in connection therewith. The Planning Commission continued the public hearing to December 18, 2023, at 5:00 p.m.; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations,; herein referred to as the "CEQA Guidelines"), and the City's CEQA procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds that the effects of the Proposed Project are exempt from the requirements to prepare additional environmental documentation under CEQA as set forth in Sections 15303 and 15300.2 of the CEQA Guidelines as a Class 3 – New Construction or Conversion of Small Structures Categorical Exemption. Class 3 consists of construction and location of limited numbers of new, small facilities or structures, including restaurants in urbanized areas, applying to up to four buildings not exceeding 10,000 square feet. The project proposes the construction of a single restaurant structure of 1,200 square feet. Pursuant - 2 - PC2023-*** to Section 15300.2(c) and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the Proposed Project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA; and WHEREAS, the Planning 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 with respect to the request for a conditional use permit, does find and determine the following facts: 1. The Proposed Project is an allowable use within the “C-G” General Commercial Zone Section 18.08.030 (Uses) of the Code, subject to a conditional use permit for Drive-Through Facilities. 2. The Proposed Project, as conditioned herein, would not adversely affect the growth and development of the surrounding land uses in that the Proposed Project would be compatible and consistent with other commercial and retail in the vicinity. The proposed use and development would be consistent and compatible with the commercial retail center and land use pattern in the vicinity. In addition, the proposed use would be consistent with the General Plan designation of Neighborhood Center Commercial that includes a mix of commercial uses to serve the surrounding residential neighborhoods. 3. The size and shape of the Property is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety and would allow for the full development of the Proposed Project without conflicting with nearby existing uses. The project has been designed to provide adequate circulation, meet all landscape and structural setbacks, and would not affect the adjoining land uses. Extensive landscape improvements and a block wall, along Briarwood Street and a portion of Romneya Drive, have been designed to screen vehicle headlights from the adjacent residential uses. The commercial retail center contains a common parking lot with the parking areas shared by its various commercial uses, as well as drive-aisles to move vehicles within the shopping center and onto the public right of way. The retail center with the Proposed Project provides parking which exceeds the Code requirement. 4. 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 area. The Vehicle Miles Traveled Screening Assessment, Revised Trip Generation and Queueing Analysis, and application were reviewed by the City’s Traffic and Transportation Division, and it was determined that there will not be any significant traffic impacts as a result of the drive-through use, and there will be adequate vehicular queueing for the proposed drive-through on-site. The Revised Trip Generation Analysis and Queuing Evaluation recommends the installation of a raised median in East Street and signage and pavement marking to restrict the left-turn outbound movement for Driveway No. 1. In addition, fire truck and emergency service access were deemed adequate by the Fire and Rescue Department, and sanitation service was deemed adequate by the Public Works Streets and Sanitation Division. 5. The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would not substantially change the nature of the uses in the area. Conditions - 3 - PC2023-*** of approval are included to ensure that the drive-through restaurant would be properly maintained and remain compatible with the uses in the surrounding area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report, and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this Planning Commission does hereby approve the conditional use permit contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property for which the conditional use permit is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete the conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be 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, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification, or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. -4 - PC2023-*** THE FOREGOING RESOLUTION was approved at the Planning Commission meeting of December 18, 2023. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-*** PC2023-*** EXHIBIT “B” DEVELOPMENT PERMIT NO. 2023-00028 (DEV2023-00028) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. Public Works Development Services 2 Prepare and submit a final drainage study, including supporting hydraulic and hydrological calculations to the City of Anaheim for review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures including but not limited to offsite storm drains and interim detention facilities. Public Works Development Services 3 Execute a Save Harmless Agreement with the City of Anaheim for any storm drain connections to the City’s storm drain system. The agreement shall be recorded by the applicant on the property prior to the issuance of any permits. Public Works Development Services 4 Obtain the required coverage under California’s General Permit for Stormwater Discharges associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. Public Works Development Services 5 Submit a Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/Significant Redevelopment projects. The WQMP shall identify potential sources of pollutants during the long- term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. Public Works Development Services 6 Submit a geotechnical report to the Public Works Department for review and approval. The report shall address grading and any proposed infiltration features of the WQMP. Public Works Development Services PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. (within 30-days of CUP approval – check with GSK) Public Utilities Water Engineering 8 The Owner/Developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities Water Engineering PRIOR TO ISSUANCE OF BUILDING PERMITS 9 All CBC and CFC requirements shall be followed for permit issuance. Any fire permits shall be submitted directly to Anaheim Fire Prevention Bureau. Anaheim Fire and Rescue 10 All drivable surfaces - Permanent, temporary, and phased emergency access roads shall be designed and maintained to support an imposed load of 78,000 lbs. and surfaced to provide all-weather driving capabilities Anaheim Fire and Rescue 11 A water supply capable of providing minimum fire flow requirements as referenced in Anaheim Fire Department’s Fire Access Standard for fire hydrants and/or fire sprinkler system. Anaheim Fire and Rescue 12 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities Electrical Engineering 13 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities Electrical Engineering 14 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities Electrical Engineering 15 Obtain a Right-of-Way Construction Permit (RCP) from the Public Works Department and post a security for construction of all required public improvements within street right-of-way, which include but not limited to the following: a)Construction of the ultimate ADA compliant curb ramp at the corner of Romneya Drive and Briarwood Street in accordance with the applicable City standards. b)Removal of the existing driveway approach on Romneya Drive and construction of sidewalk and curb and gutter in its place, in accordance with the applicable City standards. Public Works Development Services PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 Subject to prior approval by City Engineer, a cash-in-lieu payment based on the engineer’s cost estimate, in an amount determined by the City Engineer, shall be paid to the City of Anaheim for the future ADA compliant curb ramp at the corner of East Street and Romneya Drive. Public Works Development Services 17 Submit an interim soils report indicating pad compaction and site stability prepared by the project's Geotechnical Engineer of Record. The pad compaction report shall include a site plan showing the compaction testing locations. Public Works Development Services 18 Provide a certificate from the project’s Registered Civil Engineer certifying that the finished grading has been completed in accordance with the City approved grading plan. Public Works Development Services 19 The legal owner shall provide proof of the property’s compliance with the Subdivision Map Act to the Public Works Department for review and approval. If the property is determined to be non-compliant, the legal owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department. The Certificate of Compliance shall be approved by the City Surveyor and recorded at the Orange County Recorder’s office. Public Works Development Services 20 All onsite sewer lines shall be privately owned and maintained by the property owner and shall be designed per current California Building/Plumbing Code, and shall be submitted to, reviewed, and approved by the Building Division. Public Works Development Services 21 All site landscape plans shall comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Model Water Efficient Landscape Ordinance (AV 1881). Public Works Development Services 22 The developer shall pay all applicable development impact fees required under the Anaheim Municipal Code. Public Works Development Services 23 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works Traffic Engineering 24 All fire lanes shall be posted with “NO PARKING ANY TIME”. Said information shall be specifically shown on the plans submitted for Building plan check. Public Works Traffic Engineering PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 25 Prior to the issuance of the first building permit, the property Owner/Developer shall design and submit street improvement plans to the City of Anaheim Public Works Department Development Services Division for review and approval of the improvements identified in the Revised Trip Generation Analysis and Queuing Evaluation for the Proposed Starbucks with Drive-Through at Gonzalez Plaza Addendum Analysis dated December 6, 2023. These improvements shall be included in the Right of Way Construction Permit (RCP) that will be submitted for any other improvements proposed in the public right-of-way. All improvements shall be completed prior to the first final building and zoning inspection. The improvements identified in the traffic study consist of the following: Install raised median on East Street on the north leg of the Balsam Avenue intersection across the northerly driveway on East Street as illustrated in Figure 20 of the referenced study. Add necessary signs and striping consistent with the current version of the California Manual of Uniform Traffic Control Devices to prohibit westbound left turns from the northerly driveway at East Street. Should it be determined that the measures identified to eliminate westbound left turns from the northerly driveway prove to be ineffective, the developer/property owner will be required to meet with the City of Anaheim to discuss and implement corrective measures. Public Works Traffic Engineering 26 Prior to the issuance of building permits, plans shall show R3-5(R) (RIGHT- TURN-ONLY) signs and right-turn arrow pavement legends at the northerly driveway at East Street. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Traffic Engineering 27 Property owner/developer shall be responsible for design and construction of traffic signal modifications at East Street/Romneya Drive intersection, if needed. Prior to the issuance of the building permits, the property owner/developer shall submit traffic signal modification plans to the Public Works Department - Traffic Engineering for any required traffic signal modifications at the East Street/Romneya Drive intersection. All traffic signal modifications and improvements shall be completed prior to final building and zoning inspection. Public Works Traffic Engineering 28 Prior to issuance of building permits, a bond shall be posted for all traffic related improvements including, but not limited to stripping, signage, and traffic signal modifications as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. Public Works Traffic Engineering 29 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public Public Utilities Water Engineering PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 30 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Water Engineering 31 All existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities Water Engineering 32 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules, and Regulations. Public Utilities Water Engineering PRIOR TO FINAL BUILDING AND ZONING INSPECTION 33 All public improvements shall be constructed by the developer, inspected, and accepted by Construction Services prior to final building and zoning inspection. Public Works Development Services 34 All remaining fees/deposits required by the Public Works Department must be paid in full. Public Works Development Services 35 Prior to final building and zoning inspections, all required WQMP items shall be inspected and operational. Public Works Development Services 36 Record Drawings and As-Built Plans shall be submitted for review and approval to the Public Works Department, Development Services Division. Public Works Development Services 37 Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities Water Engineering 38 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. Police Department Planning & Research 39 Building shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: a)Perimeter of building and access route protection. b)High valued storage areas. Police Department Planning & Research PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 40 Address numbers shall be positioned so as to be readily readable from the street. Number should be illuminated during hours of darkness. Police Department Planning & Research 41 Rooftop address numbers shall be installed on the roof of the building for the police helicopter. Minimum size 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. Police Department Planning & Research 42 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided 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 person, property, and vehicles on-site. Police Department Planning & Research 43 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police Department Planning & Research 44 “No Trespassing 602(k) P.C.” shall be posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. Police Department Planning & Research 45 All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/manager’s request. Police Department Planning & Research OPERATIONAL CONDITIONS 46 Ongoing during project operation, should the vehicle queue reach any public street, staff members shall be positioned at the end of the on-site queue near the entrances to direct traffic. This measure shall be implemented for a short timeframe, as needed, until the queue dissipates. Public Works Traffic Engineering 47 Ongoing during project operations, all deliveries including loading and unloading shall be performed on site. Deliveries shall not block nor take place on any part of the public right of way. Public Works Traffic Engineering 48 The Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape, or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds. Public Utilities Water Engineering PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 49 The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals 5-feet minimum separation from all other utilities, including storm drains, gas, and electric 6-feet minimum separation from curb face 10-feet minimum separation from structures, footings, and trees. The following minimum clearances shall be provided around all new and existing public water facilities (e.g., water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): 10 feet from structures, footings, walls, stormwater BMPs, power poles, streetlights, and trees. 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g., storm drain, gas, electric, etc.) or above ground facilities. Public Utilities Water Engineering 50 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities Water Engineering 51 All new landscaping shall be installed by the owner developer in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner if it is removed, damaged, diseased and/or dead. Planning and Building Department, Planning Services Division 52 All new signage shall be installed in conformance with Chapter 18.44 “Signs” of the Anaheim Municipal Code. Separate permits for signage shall be obtained from the Planning and Building Department. Planning and Building Department, Planning Services Division 53 The facility shall operate in accordance with the Project Description submitted as part of the application. Any changes to the facility’s operation described in the Project Description shall be submitted by the owner/developer/tenant/operator subject to review and approval by the Planning and Building Director to determine substantial conformance with said letter and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 54 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 55 The Owner/Developer is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 56 The Owner/Developer shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division PC2023-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 18, 2023, by the following vote of the members thereof: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of December 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM