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RES-2024-038RESOLUTION NO. 2 o 2 4_ 0 3 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION AND APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE SALE OF ALCOHOLIC BEVERAGES FOR OFF -SITE CONSUMPTION, AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2725 TO REMOVE A CONDITION OF APPROVAL, AND AN ADMINISTRATIVE ADJUSTMENT FOR A REDUCTION IN CODE -REQUIRED PARKING AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEVELOPMENT APPLICATION NO.2023-00011) (2125-2129 SOUTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve a Determination of Public Convenience or Necessity to permit the sale of alcoholic beverages for off -site consumption (Type 21 General), and amendment to Conditional Use Permit No. 2725 to remove a condition of approval, and an administrative adjustment for a reduction in the number of required parking spaces (the "Proposed Project"), on certain real property located at 2125-2129 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.81-acres in area and is developed with a 51- room motel and a 2,667 square foot freestanding commercial building. The property is designated for Commercial Recreation land uses in the General Plan. The property is located in the C-R District of the Anaheim Resort Specific Plan (SP 92-2) and is subject to the zoning and development standards contained in Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2) of the Anaheim Municipal Code (the "Code"); and WHEREAS, a Determination of Public Convenience or Necessity is subject to approval by the Planning Commission pursuant to Section 18.60.220 (Determination of Public Convenience or Necessity); a major amendment to a conditional use permit is processed in the same manner as a new permit and subject to a new public hearing pursuant to Subsection .030 of Section 18.60.190 (Amendment of Permit Approval); and an administrative adjustment in conjunction with an application that requires Planning Commission action is subject to review and approval by the Planning Commission pursuant to Section 18.60.190 (Procedures); 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"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the effects of the Proposed Project are Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301, Class 1 (Existing Facilities). The Class 1 exemption consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of the use beyond that existing at the time of this determination. The Proposed Project does not include the expansion of the existing freestanding commercial building or the motel use, and all business activities would occur within the existing structure. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulation, 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 is categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 17, 2024, 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 the Proposed Project and to investigate and make findings and recommendation in connection therewith; 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 to permit the Proposed Project on the Property, the Planning Commission adopted Resolution No. PC2024-002 approving Development Application No. 2023- 00011; and WHEREAS, on January 25, 2024, and within the time prescribed by law, an appeal of the Planning Commission's action was filed by Talab Ibrahim (the "Appellant"); and WHEREAS, upon receipt of Planning Commission Resolution No. PC2024-002 approving Development Permit No. 2023-00011, a summary of evidence and a report of the findings and recommendations of the Planning Commission, and the appeal, the City Council did set the matter for a de novo hearing, which public hearing was noticed in the matter provided by law; and WHEREAS, on February 27, 2024, at the time and place fixed for said public hearing, the City Council did hold and conduct a public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the recommendations and action of the Planning Commission pursuant to the appeal provisions set forth in Chapter 18.60 of the Code; and WHEREAS, on February 27, 2024, the Appellant stated that the information presented with respect to the number of rooms at the Carriage Inn motel was incorrect and the City Council continued consideration of the appeal to March 26, 2024; and WHEREAS, on March 26, 2024, staff requested that the City Council continue the item to May 7, 2024 to allow for additional research and site investigations; and -2- WHERES, on May 7, 2024, the City Council did hold and conduct the continued public hearing; and WHEREAS, the City Council, 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 Determination of Public Convenience or Necessity for Development Application No. 2023-00011, does find and determine the following facts: 1. 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"). 2. 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. For purposes of Section 23958.4, "undue concentration" means the case in which the Property is located in an area where any of the following conditions exist: (a) The Property is located in a crime reporting district that has a 20 percent greater number of reported crimes than the average number of "reported crimes" (as defined in Section 23958.4), as determined from all crime reporting districts within the City of Anaheim. (b) As to on -sale retail license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which the Property is located exceeds the ratio of on -sale retail licenses to population in the county in which the applicant premises are located. (c) As to off -sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the Properly is located exceeds the ratio of off -sale retail licenses to population in the county. 3. Notwithstanding the existence of the above -referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations; and, when the sale of alcoholic beverages for off -premises consumption is permitted by the Code, 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 area. -3- 5. The Property is in Census Tract Number 884.02, which incorporates the City of Anaheim and the City of Garden Grove with a population of 4,679 persons. This population allows for two off -sale Alcoholic Beverage Control licenses, and there are presently three licenses in the tract. The property is within Police Reporting District 2224, which is below the City average crime. In 2023, there were 59 crimes with the top crimes being larceny, vehicle theft, and robbery. Because there is an overconcentration in the number of off -sale ABC licenses within the census tract, a determination of "public convenience or necessity" is required. 6. The request to permit alcoholic beverage sales for off -premises consumption in conjunction with the retail sales -general use subject to the conditions of approval imposed will not be detrimental to the health and safety of the citizens of Anaheim, would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed and will provide an added convenience to the patrons of the surrounding Anaheim Resort area because the operational characteristics are consistent with similar businesses in the surrounding vicinity; a condition of approval has been included in the resolution which requires that the applicant operate in accordance to the Letter of Justification submitted as part of the application; conditions of approval are also included from the Police Department that require the installation of CCTV, proper lighting, restricting the hours of operation to the hours presented in the Letter of Justification, and policing of loitering around the retail store by the business operator to ensure that the business would not negatively affect the neighborhood. At the January 17, 2024 Planning Commission meeting, the business owner stated that he agreed with all of the conditions in the draft resolution and did not state any objections. Therefore, the conditions imposed on the Proposed Project will ensure that potential nuisances associated with the proposed use will be minimized, and compatible to surrounding land uses. 7. The determination of "Public Convenience or Necessity" can be made based on the finding that the license requested is consistent with the Planning Commission guidelines for such determinations and further that the granting of the determination of Public Convenience or Necessity, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; and WHEREAS, the City Council, 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 amendment, does find and determine the following facts: 1. The proposed use of the property is one for which a conditional use permit is authorized by the Code. The Code permits hotels and motels south of Orangewood Avenue with approval of a conditional use permit. Retail sales -general uses with sales of alcohol for off - premises consumption are permitted by right in the C-R District of SP 92-2, provided that the use is incidental to and integrated with a hotel or motel. The existing motel was approved by the Planning Commission under Conditional Use Permit No. 2725, and the existing retail sales -general use is permitted by right when incidental to and integrated with a motel. 2. The proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is located. The motel and various commercial uses have operated on the subject site since the conditional use permit approval in 1985. The surrounding properties include other commercial uses along Harbor Boulevard and multiple -family residential to the east. The motel and retail sales -general uses are compatible with the surrounding land uses and all business activities will occur within the existing buildings. 3. The size and shape of the Property are adequate to allow the full operation of the Proposed Project in a manner not detrimental to either the particular area or to the health and safety of the public. The motel and commercial building were originally approved in 1985. There are no proposed exterior modifications to the site or expansions of the building footprints under this application. Based on the applicant's parking justification letter which observed a peak demand of 38 spaces, there is adequate parking available on -site for both the motel and retail sales -general use. 4. The traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways, as they are designed and improved to carry the anticipated traffic generated by the Proposed Project. The applicant submitted a parking justification letter providing parking counts for the subject property during business hours for a weekday and weekend. Based on the counts provided, the peak time for the motel and retail sales -general use was between the hours of 8:00 a.m. and 9:00 a.m. on a Saturday when a total of 38 parking spaces were occupied. The existing businesses are currently operating with no observed burden upon the nearby streets and highways from these uses. 5. 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. The applicant is requesting the removal of a condition of approval requiring a restrictive covenant on the property which restricted the use of the commercial building as a means, in conjunction with a variance, to address a deficiency in Code required parking for the motel and commercial building. In conjunction with the request to remove the condition, the applicant is requesting an Administrative Adjustment, discussed below, to reduce the Code required parking. All business activities will occur within the existing buildings and are consistent with the other commercial uses in the vicinity. Conditions of approval have been added to require the removal of modifications to the property which render it inconsistent with Conditional Use Permit No. 2725 and the restoration of the property to a Building Code -compliant condition including restriping the parking lot pursuant to BLD2015-06006 (41 stalls). WHEREAS, the City Council, 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 an administrative adjustment, does find and determine the following facts: 1. The adjustment is consistent with the purposes and intent of the Zoning Code. The applicant requests an administrative adjustment to allow for fewer parking spaces than required by the Code. The Code permits a deviation of up to 20% from the parking requirements through an administrative adjustment. The retail sales -general use and motel would require 46 parking spaces -5- with a maximum 20% deviation. As conditioned and in compliance with BLD2015-06006 for the ADA Remodel, 41 parking spaces will be provided on -site. Therefore, the request for the administrative adjustment is consistent with the purpose and intent of the Zoning Code. 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require adjustment. Due to existing improvements on the property, additional parking cannot be achieved on -site. The motel and freestanding commercial retail building are existing and permitted uses, and the subject application does not propose any changes to the building footprints or general use classifications for the motel and commercial retail use. 3. The proposed administrative adjustment will not produce a result that is out of character or detrimental to the neighborhood. The applicant conducted a parking demand analysis at the project site on November 21, 2023, November 24, 2023, and November 25, 2023, between the hours of 8:00 a.m. and 10:00 p.m. The maximum number of spaces used at any one time was 38 spaces, which occurred between 8:00 a.m. and 9:00 a.m. on Saturday, November 25, 2023. The parking demand analysis was conducted when both the motel and retail sales -general use were operating under normal conditions. Therefore, it can be assumed that adequate parking is provided on -site and the proposed project would not be detrimental to the neighborhood. WHEREAS, this City Council 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. This City Council 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 City Council does hereby approve the determination of public convenience or necessity, conditional use permit amendment, and administrative adjustment for Development Application No. 2023-00011 at the Property, 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 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete 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(s), (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 the conditions of approval attached to this Resolution as Exhibit B amend and hereby replace in their entirety the Previous Conditions of Approval adopted by Resolution No. PC85-231 for Conditional Use Permit No. 2725 for a 51-unit motel and existing commercial building, and therefore shall control and govern the Property. 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 Modifications of Permits) of the Code. BE IT FURTHER RESOLVED that the City Council 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. BE IT FURTHER RESOLVED that the time within which a rehearing must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 711' day of May 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Diaz, Faessel and Meeks NOES: Mayor Pro Tem Kurtz and Council Members Leon and Rubalcava ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF CITY OF ANAHEIM ATTEST- ITY4CLEkKOF THE CITY OF ANAHEIM -7- EXHIBIT "A" DEV NO.2023-00011 EMMEPMEMMOMW APN: 137-124-27 W ORANGEWOOD AVE a a u a Ln c J W BLUEBELL J AVE a 293' N N 292' C J m f� O m a x Ln L---j W WILKEN WAY o 100 Source: Recorded Tract Maps andlor City GIS. —� tMEMO Feet Please note the accuracy is +/- two to five feet. EXHIBIT `B" DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY CONDITIONAL USE PERMIT ADMINISTRATIVE ADJUSTMENT (DEV2023-00011) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL — ABC LICENSED PREMISE 1 The business shall be operated in accordance with the Letter of Planning and Building Justification submitted as part of this application. Any changes Department, to the business operation, as described in that document, shall be Planning Services Division subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Justification and to ensure compatibility with the surrounding uses. 2 The owner/operator shall install Closed Circuit Television Police Department (CCTV) security cameras in the interior and exterior of the business to promote patron and business safety and the appearance of safety. Video surveillance signs shall be posted notifying the patron. CCTV monitors and recorders shall be secured in a separate locked compartment to prevent theft of, or tampering with, the recording. Recordings should be kept for a minimum of 30 days before being deleted or recorded over. 3 If an alarm system is installed, complete an Alarm Permit with Police Department the Anaheim Police Department on-line prior to initial alarm activation and keep the registration up to date. 4 Managers/Owners shall contact the Department of Alcoholic Police Department Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program), RBS, or similar certificate training for themselves and register employees. 5 No more than 33% of the square footage of the windows and Police Department clear doors of an off -sale premises shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the remises. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 Distilled spirits for sale shall only be displayed behind the cash Police Department register. 7 All beer cases and wine bottles shall be located in the rear Police Department coolers. 8 No display of alcoholic beverages shall be located within ten Police Department (10) feet of any public entrance to the establishment. 9 No ice coolers, miniature portable refrigeration, or any size Police Department buckers shall be used to hold beer, wine, or distilled spirits for sale in the general floor area. 10 Beer and malt beverages shall not be sold in packages containing Police Department less than a three (3) pack, and that wine coolers shall not be sold in packages containing less than a four 4) pack. 11 Beer, wine, malt beverages and distilled spirits cannot be sold in Police Department containers less than 12 ounces. 12 There shall be no pay to play amusement machines or video Police Department game devices maintained upon the premises at any time. 13 The hours of operation will be from 7:00 a.m. to 11:00 p.m. Police Department Monday to Thursday, and 7:00 a.m. to 12:00 a.m. Friday to Sunday, as stated by the applicant in the Letter of Justification. 14 A maximum of 10% of the largest window pane or 4 square feet, Planning and Building whichever is less, is permitted for window identification signs. Department, All window identification sign copy shall only include the name Planning Services Division of the business, and electronic message boards are not permitted. Any signage or advertisement that is within 5 feet from the window pane will count towards the above square footage requirements. All window signage shall be modified to meet the Code requirements within 30 days of this approval. OPERATIONAL —PROPERTY 15 The businesses shall not be operated in such a way as to be Police Department detrimental to the public health, safety, or welfare. 16 Additional security measures shall be provided as deemed Police Department necessary by the Chief of Police or his/her designee. 17 The exterior of the buildings and parking lot(s) shall be Police Department illuminated during all hours of darkness. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 18 The owner/operator shall be responsible for maintaining the area Police Department free of litter free of litter, the area adjacent to the premises over which they have control, i.e., parking lot, landsca a setback. 19 Any graffiti painted or marked upon the premises or on any Police Department adjacent area under the control of the licensee shall be removed or painted over within 24 hours. 20 The owner/operator shall police the area under their control in Police Department an effort to prevent the loitering of persons around the premises. 21 The owner/operator shall post and maintain a professional Police Department quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two square feet with two-inch block lettering. The sign shall be in English and Spanish. 22 There shall be no exterior advertising or sign of any kind or type, Police Department including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 23 In the event the Property is to be divided for the purpose of sale, Anaheim Public Utilities, lease, or financing, a parcel map to record the approved division Development Services of subject property shall be submitted to and approved by the Division City of Anaheim and then be recorded in the Office of the Orange County Recorder. (former condition No. 4) 24 The Property shall comply with all signing requirements of SP Planning and Building 92-2, unless a variance allowing sign waivers is approved by the Department, Planning Commission or City Council. (former condition Nos. Planning Services Division 11 and 13) 25 A six (6) foot high masonry block wall shall be maintained along Planning and Building the westerly property line. (former condition No. 14) Department, Planning Services Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 26 There shall be no outside access to bedrooms in the manager and Planning and Building owner's units of the motel. (former condition No. 15) Department, Planning Services Division GENERAL 27 The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively as Planning Services Division "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. 28 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim Department, by the applicants, which plans are on file with the Planning Planning Services Division Department for CUP No. 2725, BLD2015-06006, and DEV2023-00011, and as conditioned herein. 29 The Applicant/Owner is responsible for paying all charges Planning and Building related to the processing of this discretionary case application Department, within 30 days of the issuance of the final invoice or prior to the Planning Services Division 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. 30 The property owner shall, obtain permits from the Building Planning and Building Division to, (i) remove modifications to the property which Department render it inconsistent with the original number of motel rooms and related conditions pursuant to Conditional Use Permit No. 2725 and (ii) restore the property to a Building Code -compliant condition including restriping the parking lot pursuant to BLD2015-06006 (41 stalls), all within 180 days of approval of DEV2023-00011. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 31 The sale of alcohol on the property pursuant to the Public Planning and Building Convenience or Necessity approved by DEV No. 2023-00011 Department shall not commence until Condition No. 30 is deemed satisfied by the Planning and Building Department Director. 32 The property owner shall maintain the 51-room motel, Planning and Building freestanding commercial building, and associated parking lot Department area as approved by DEV2023-00011. City staff will conduct a site investigation 3 years after approval of this application to ensure continued compliance with City standards and modifications required under this application and report back to the Planning Commission. Should non-compliance be observed, the property owner shall be subject to relevant enforcement remedies. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2024-038 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 711 day of May. 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Diaz, Faessel and Meeks NOES: Mayor Pro Tern Kurtz and Council Members Leon and Rubalcava ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of May, 2024. CI4LKOF ZHECITY OF ANAHEIM (SEAL)