The URL can be used to link to this page

PC 2008/10/13Anaheim Planning Commission Agenda Monday, October 13, 2008 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Joseph Karaki Chairman Pro-Tempore: Panky Romero Commissioners: Peter Agarwal, Kelly Buffa, Gail Eastman, Stephen Faessel, Victoria Ramirez Call To Order Preliminary Plan Review 1:30 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the October 13, 2008 agenda For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. Recess To Public Hearing Reconvene To Public Hearing 2:30 P.M. Pledge Of Allegiance Public Comments Consent Calendar Public Hearing Items Adjournment You may leave a message for the Planning Commission using the following planningcommission@anaheim.net e-mail address: 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. Minutes ITEM 1C Motion Receiving and approving the Minutes from the Planning Commission Meeting of September 29, 2008. NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. 10/13/08 Page 2 of 11 Public Hearing Items: ITEM NO. 2 Staff Report CEQA CATEGORICAL EXEMPTION, CLASS 3, AND CONDITIONAL USE PERMIT NO. 2008-05340 New Correspondence Owner: Enayatollah Hassanzada 35 Argusto Irvine, CA 92606 Applicant: Shiv Talwar Design Concepts 4091 Riverside Drive, Suite 110 Chino, CA 91710 Hitesh Patel 13372 Newport Avenue, Suite B Tustin, CA 92780 Location:1311 South Anaheim Boulevard: This property is approximately .34-acres, having a frontage of 75 feet on the west side of Anaheim Boulevard and approximately 675 feet south of the centerline of Ball Road. Request to convert four apartment units into a one-unit Project Planner: medical office building. Diane Bathgate dbathgate@anaheim.net 10/13/08 Page 3 of 11 ITEM NO. 3 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 332 Staff Report AND ITS ADDENDUM DATED SEPTEMBER 2005 New Correspondence (PREVIOUSLY-APPROVED) AND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005-00008 (TRACKING NO. DAG2008-00006) (READVERTISED) Owner: Lennar Platinum Triangle, LLC 25 Enterprise Aliso Viejo, CA 92656 Applicant: Donna Kelly Lennar 25 Enterprise Aliso Viejo, CA 92656 Location:1404 East Katella Avenue: This property is approximately 41.4 gross acres, generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of Betmor Lane. Approximately 7.1 gross acres are located within The Platinum Triangle, Gene Autry District, and 34.3 gross acres are within The Platinum Triangle, Katella District. Project Planner: Request to amend the Development Agreement to extend the Ted White term by an additional five years. This would provide for the twhite@anaheim.net development of a previously-approved master planned community with up to 2,681 dwelling units, up to 150,000 square feet of commercial uses, two public parks, public streets and related infrastructure in four phases over a period of 25 years. 10/13/08 Page 4 of 11 ITEM NO. 4 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 332 Staff Report AND ITS SECOND ADDENDUM DATED APRIL 2007 New Correspondence (PREVIOUSLY-APPROVED) AND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2006-00002 (TRACKING NO. DAG2008-00007) Owner: Lennar Platinum Triangle, LLC 25 Enterprise Aliso Viejo, CA 92656 Applicant: Donna Kelly Lennar 25 Enterprise Aliso Viejo, CA 92656 Location:2050 South State College Boulevard and 2015 – 2125 East Orangewood Avenue: This property is approximately 15.6 gross acres, generally located at the northeast corner of Orangewood Avenue and State College Boulevard, with approximately 960 feet of frontage on the north side of Orangewood Avenue and 590 feet of frontage on the east side of State College Boulevard, in The Platinum Triangle, Gateway District. Project Planner: Request to amend the Development Agreement to extend the Ted White term by an additional three years*. This would provide for the twhite@anaheim.net development of a previously-approved residential community with up to 878 dwelling units, two public parks, public streets and related infrastructure in three phases over a period of eighteen years. * Note : This item was advertised as a request to extend the term of the Development Agreement by an additional five years. 10/13/08 Page 5 of 11 ITEM NO. 5 CEQA NEGATIVE DECLARATION, Staff Report RECLASSIFICATION NO. 2008-00215, New Correspondence VARIANCE NO. 2008-04749 AND TENTATIVE PARCEL MAP NO. 2006-229 Owner: Amanik, Inc. 603 Seagaze Drive, #759 Oceanside, CA 92054 Applicant: Halladay & Mim Mack, Inc 1181 California Avenue, Suite 102 Corona, CA 92881 Location:7260 Canyon Rim Road: This property is approximately 1.06 acres, having a frontage of 542 feet on the south side of Canyon Rim Road, approximately 92 feet west of the centerline of The Highlands. Project Planner: Request to subdivide the property to establish a 3-lot, 3-unit Kimberly Wong single-family detached residential subdivision. This project kwong2@anaheim.net requires approval of the following actions: Reclassification No. 2008-00215 – reclassification of the subject property from the Transition (T) Zone to the Single- Tentative Parcel Map No. family Residential (RS-3) Zone; 2006-229 – to establish a 3-lot, 3-unit single-family Variance No. 2008-04749 detached residential subdivision; – to permit vehicular access on an arterial highway (Canyon Rim Road) when vehicular access is not permitted and the new parcels to have a depth less than 150 feet. 10/13/08 Page 6 of 11 ITEM NO. 6 CEQA NEGATIVE DECLARATION (PREVIOUSLY- Staff Report APPROVED) AND AMENDMENT TO New Correspondence CONDITIONAL USE PERMIT NO. 2007-05226 (TRACKING NO. CUP2008-05351) Owner: Neal Desai 23800 Via Del Rio Yorba Linda, CA 92887 Applicant: John Dodson 1330 Olympic Boulevard Santa Monica, CA 90404 0000 Location:1112 North Brookhurst Street and 2157-2165 West La Palma Avenue: This property is approximately 1.5 acres, having a frontage of 266 feet on the north side of La Palma Avenue and 86 feet on the east side of Brookhurst Street and approximately 190 feet east of the centerline of Brookhurst Street. Project Planner: Request to modify plans for a previously-approved Kimberly Wong conditional use permit for a commercial retail center to kwong2@anaheim.net increase the number of units from 12 to 14 and to permit a convenience market without the sales of beer and wine. ITEM NO. 7 CEQA CATEGORICAL EXEMPTION, CLASS 1, Staff Report CONDITIONAL USE PERMIT NO. 2008-05342 AND New Correspondence REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00049 Owner Robert Gundling and 5131 Ohio Street Applicant: Yorba Linda, CA 92886 Location:1211 North Las Brisas Street: This property is approximately 0.22 acres, having a frontage of 141 feet along the north side of Las Brisas Street, approximately 117 feet from the centerline of La Cresta Avenue. Project Planner: Request to permit a winery and tasting room with retail sales Scott Koehm and on-premises consumption of alcoholic beverages. skoehm@anaheim.net 10/13/08 Page 7 of 11 ITEM NO. 8 CEQA CATEGORICAL EXEMPTION, CLASS 1, AND Staff Report CONDITIONAL USE PERMIT NO. 2008-05348 New Correspondence Owner: Scott Elders 1629 W. Pomona Ste 106 Corona, CA 92882-7157 Hyr Enterprises 8030 Crystal Drive. Anaheim, CA 92807 Vaccher, Lino J Trust 8075 Crystal Drive Anaheim, CA 92807 Rms Empire Anaheim Llc 4041 Macarthur Blvd. Ste 510 Newport Beach, CA 92660 Applicant: David R. Sims 538 Ponce Avenue Placentia, CA 92870 Location:8095 Crystal Drive: This property is approximately 1.15 acres, having a frontage of 420 feet along the north side of Crystal Drive approximately 904 feet from the centerline of Pullman Street. Off site parking would be provided on three properties located at (1) 8030 Crystal Drive which is approximately 0.68 acres, having a frontage of 70 feet along the south side of Crystal Drive approximately 2,006 feet from the centerline of Pullman Street; (2) 8075 Crystal Drive which is approximately 0.50 acres, having a frontage of 140 feet along the north side of Crystal Drive approximately 1,391 feet from the centerline of Pullman Street; and (3) 8080 Crystal Drive which is approximately 2.9 acres, having a frontage of 582 feet along the south side of Crystal Drive approximately 1,101 feet from the centerline of Pullman Street. Project Planner: Request to permit a church in an industrial zone with fewer Scott Koehm parking spaces than required by Code. skoehm@anaheim.net 10/13/08 Page 8 of 11 Adjourn to Monday, October 27, 2008 at 1:30 P.M. for Preliminary Plan Review 10/13/08 Page 9 of 11 S C H E D U L E 2008 October 27 November 10 (Cancelled) November 24 December 8 December 22 (Cancelled) 10/13/08 Page 11 of 11 ×¬»³ Ò±ò î ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ñ½¬±¾»® ïíô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëíìð ïíïï Í±«¬¸ ß²¿¸»·³ Þ±«´»ª¿®¼ ïðêïç ×¬»³ Ò±ò î ÎÍóî ÎÍóî ÑóÔ ï ÜË ÛßÝØ ï ÜË ÛßÝØ ÝóÙ ï ÜË × ÝßÎ ÜÛßÔÛÎÍØ×Ð ÎÍóî ï ÜË ÛßÝØ ÝóÙ ÍØÑÐÐ×ÒÙ ÝÛÒÌÛÎ ÎÍóî ï ÜË ÛßÝØ ÝóÙ ÌóÙÐß îðððóððíèí ÙÐß îðððóððíéê ÌóÎÝÔ îðððóðððíí ÎÝÔ îðððóðððîí ÎÝÔ ëêóëéóíð ÝËÐ îððèóðëíìð ÎÍóî øÊßÎ ëïè÷ ï ÜË ÛßÝØ ì ÜË ÝóÙ ì ÜË ßÒßØÛ×Ó ÙËÛÍÌ ØÑÓÛ ýî ÎÍóî ï ÜË ÛßÝØ ÎÍóî ì ÜË ï ÜË ÛßÝØ ÝóÙ øÍßÞÝ÷ ÝóÙ øÍßÞÝ÷ í ÜË ÛßÝØ ßÐÌÍ í ÜË ÝóÙ øÍßÞÝ÷ í ÜË ÝßÎ ÜÛßÔÛÎÍØ×Ð ÎÓóì ÝóÙ øÍßÞÝ÷ É×ÒÍÌÑÒ ÐÔßÝÛ ßÐßÎÌÓÛÒÌÍ × øÍßÞÝ÷ îð ÜË ÍÓßÔÔ ÍØÑÐÍ ÌÎßÒÍÐÑÎÌßÌ×ÑÒ ÍÛÎÊ×ÝÛÍ ÎÓóì ÎÓóì ÝóÙ øÍßÞÝ÷ ì ÜË ÛßÝØ ÙË×Ò×Üß ÐßÔÓÍ ÎÛÍÌßËÎßÒÌ ßÐÌÍ ÝÑÔÔÛÙÛ ÛÜËÝßÌ×ÑÒ ìð ÜË ÍÛÎÊ×ÝÛÍ ðëðïðð Ú»»¬ Ñ½¬±¾»® ïíô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëíìð ïíïï Í±«¬¸ ß²¿¸»·³ Þ±«´»ª¿®¼ ïðêïç [DRAFT] ATTACHMENTNO.1 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, CLASS 3 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05340 (1311 S. Anaheim Boulevard) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit to permit the conversion of an existing four-unit apartment building into a one- unit medical office building 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 four-unit, single-story apartment building within the C-G (SABC) (General Commercial - South Anaheim Boulevard Corridor Overlay) zone, and the Anaheim General Plan designates this property for Medium Density Residential land uses; and WHEREAS, the applicant has requested to permit the conversion of a four unit apartment building into a medical office building pursuant to Code Section 18.08.030 of the Anaheim Municipal Code; and WHEREAS, the proposed request to permit the conversion of the apartment building to medical offices includes a waiver of the following: (a) SECTION 18.42.040. 010Minimum required parking spaces. (19 spaces required; 17 spaces proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 13, 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 the conversion of an existing residential structure for commercial purposes such as medical office uses in the C-G zone is properly one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 of the Anaheim Municipal Code. 2. That the proposal, 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 medical office building will be oriented toward Anaheim Boulevard and the existing commercial center to the north and the proposal will improve existing site conditions with building improvements and additional landscaping. - 1 - PC2008-*** The medical office uses will provide a logical transition between the existing commercial center to the north and existing apartment uses to the west and south. 3. That the size and shape of the site for the use is adequate to allow the use in a manner not detrimental to either the particular area or health and safety as the property is fully developed. 4. That the traffic generated by the use of the property for medical offices will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 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. 6.That the variance will not cause fewer off-street parking spaces to be provided for the proposed medical office than the number of spaces necessary to accommodate all vehicles for the facility because of the high use of public transportation of the clientele of the medical office and the limitations of the number of appointments that will be scheduled at any given time. 7. That the variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed medical office because there are an adequate number of parking spaces proposed on-site to accommodate the demand of the medical office. 8. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 3 (Conversion of Small Structures) 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 does hereby approve Conditional Use Permit No. 2008-05340 with fewer parking spaces than required by Code subject to the conditions of approval described 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 subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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. - 2 - PC2008-*** 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. 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 October 13, 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 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 13, 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 October, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-*** EXHIBIT “A” CONDITIONAL USE PERMIT NO. 2008-05340 - 4 - PC2008-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2008-05340 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING PRIOR TO ISSUANCE OF BUILDING OR SIGN PERMITS 1That prior to the issuance of a building permit, the applicable Citywide Public Works Traffic Impact Fee equaling the difference between the office and residential assessment fees shall be paid to the City of Anaheim, in an amount established by the City Council Ordinance/Resolution. This fee will be used to fund traffic and transportation improvements within the area impacted by this project. Said fee shall be subject to adjustment by the City Council. 2That prior to the issuance of a building permit, trash enclosure details Public Works shall be submitted to the Public Works Streets and Sanitation Division for review and approval. Trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable to adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one gallon sized clinging vines planted on maximum three foot centers, or tall shrubbery. Said information shall be specifically shown on plans submitted for building permits. 3That prior to the issuance of a building permit, building colors and Planning materials and a precise landscape plan shall be submitted to the Planning Department for review and approval. In order to deter graffiti all, plans shall include climbing vines or other screening as appropriate on new and existing fences and walls which face streets, alleys or parking areas. 4That prior to the issuance of a building permit, the applicant shall pay Public Utilities applicable underground utilities fees to Electrical Engineering per the adopted electrical rates, rules and regulations and other applicable fees if service changes or upgrades as required. 5That prior to issuance of a building permit, a complete set of approved Public Utilities plans shall be submitted for review to Electrical Engineering. Any required relocation of City electrical facilities will be at property owner/developer expense. Landscape and/or hardscape screening of all padmounted equipment will be required and shall be outside the easement area of the equipment. The overhead electrical electrical facilities within the project boundary may require relocation and/or undergrounding. - 5 - PC2008-*** RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING PRIOR TO FINAL BUILDING AND ZONING INSPECTION 6That all existing water services and fire lines shall conform to current Public Utilities 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. GENERAL 7That on-going during project operation, no required parking areas shall Planning be fenced or otherwise enclosed for outdoor storage uses. 8That four foot high street address numbers shall be displayed on the roof Police of the building in contrasting color to the roof material. The lines of the numbers are to be a minimum of six inches thick. Numbers should be spaced 12 to 18 inches apart. Numbers should face the street to which the structure is addressed. The numbers shall not be visible to adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 9Signs and addresses shall be well lighted during hours of darkness. Police 10Adequate lighting of parking lots and associated carports, shipping and Police receiving areas, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of a minimum 1 foot candle to provide adequate illumination to Planning 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. Said lighting shall be directed, positioned ad shielded in such a manner so as not to unreasonable illuminate the windows of nearby businesses. 11That the applicant shall maintain on file an Emergency Listing Card, Police Form APD-281, with the Police Department. 12That all trash generated from this medical office facility shall be Planning properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. - 6 - PC2008-*** RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING 13That the property shall be permanently maintained in an orderly fashion Planning by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four hours from time of occurrence. 14Any new roof-mounted equipment shall be completely screened from Planning view from all directions in compliance with Section 18.38.170 of the Anaheim Municipal code. Said information shall be specifically shown on plans submitted for building permits. 15That subject property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 16Timing for compliance with conditions of approval may be amended by Planning 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 applicant has demonstrated significant progress toward establishment of the use or approved development. 17Extensions for further time to complete conditions of approval may be Planning granted in accordance with section 18.60.170 of the Anaheim Municipal Code. 18Approval of this application constitutes approval of the proposed request Planning 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. - 7 - PC2008-*** ßÌÌßÝØÓÛÒÌ ÒÑò î ATTACHMENT NO. 3 DESIGN CONCEPTS ARCHITECTS & ENGINEERS RESIDENTIAL/COMMERCIAL 4091 Riverside Drive # 110 Chino, California 91710 (909) 591-2098 To: Ms. Diane Bathgate Project Planner 200 South Anaheim Blvd Anaheim, CA 92803. Subject: Parking Waiver Request Letter Conditional Use Permit no. 2008-05340 Anaheim medical office (1311 S. Anaheim blvd) Anaheim CA. Project Description: The proposed project consists of conversion of four existing apartment units into a medical office building. Required Parking per Code: 19 spaces Proposed Parking: 17 spaces We have reviewed the parking requirements for the proposed use, based upon our findings, the proposed 17 parking spaces shall be sufficient for the proposed use per the following findings: 1.The owner Dr. Hitesh Patel operates similar clinics. Based upon his experience, an average of 30 patients are expected to visit per day, out of which, 60% are expected to be walk-ins. 2.40% of the appointments are scheduled during non busy hours. 3.At an average of 2.5 patients are expected per hour. 4.Existing parking spaces are 16; however, proposed parking spaces are 17, which is more than the existing. Based on the above findings, we feel confident that proposed 17 parking spaces shall be sufficient for the proposed use. Thus we request that the project be approved as proposed. Please contact me directly at (909) 510-0512, should you have any questions on the project. Thank you, Shiv Talwar AIA Design Concepts ÉÎ×ÙØÌ Ý×ÎÝÔÛ ÉÎ×ÙØÌ Ý×ÎÝÔÛ ÕßÌÛÔÔßßÊÛÒËÛ ðëðïðð Ú»»¬ Ñ½¬±¾»® ïíô îððè Ü»ª»´±°³»²¬ ß¹®»»³»²¬ Ò±ò îððëóððððè Ì®¿½µ·²¹ Ò±ò ÜßÙîððèóððððê ïìðì Û¿¬ Õ¿¬»´´¿ ßª»²«» ïðêîð ×¬»³ Ò±ò í × øÐÌÓË÷ × øÐÌÓË÷ ËÒÜÛÎ ÝÑÒÍÌÎò ÉÎ×ÙØÌ Ý×ÎÝÔÛ ÉÎ×ÙØÌ Ý×ÎÝÔÛ × øÐÌÓË÷ × øÐÌÓË÷ × øÐÌÓË÷ ×ÒÜò Ú×ÎÓÍ × øÐÌÓË÷ × øÐÌÓË÷ ×ÒÜò Ú×ÎÓÍ × øÐÌÓË÷ × øÐÌÓË÷ ËÒÜÛÎ ËÒÜÛÎ ÝÑÒÍÌÎËÝÌ×ÑÒ ÝÑÒÍÌÎËÝÌ×ÑÒ ËÒÜÛÎ ÝÑÒÍÌÎËÝÌ×ÑÒ × øÐÌÓË÷ × øÐÌÓË÷ ÍÌßÜ×ËÓ ÔÑÚÌÍ ÎÛÍÌßËÎßÒÌ × øÐÌÓË÷ ÞßÒÕ ÕßÌÛÔÔß ßÊÛÒËÛ × øÐÌÓË÷ × øÐÌÓË÷ ÎÝÔ îððëóððïêì ÍÛÎÊ×ÝÛ ÎÝÔ îððìóððïîç ÍÌßÌ×ÑÒ ÎÝÔ ççóððóïë ÎÝÔ èéóèèóïì × øÐÌÓË÷ ÎÝÔ êêóêéóïì ÎÝÔ ëêóëéóçí ÝËÐ îððéóðëîîé ÝËÐ îððêóðëïïê ÝËÐ îððîóðìêîð ÝËÐ îððîóðìëìì × øÐÌÓË÷ ÝËÐ íìçé ÝËÐ îçìê ÊßÝßÒÌ ÝËÐ îïíì ÝËÐ ïèéç ÝËÐ ïèìî ÝËÐ ïëèé ÝËÐ ììé Í ÊßÎ îêïè ßÜÖ îððíóððîíê ÌÜßÙ îððèóððððê ÜßÙ îððëóððððè ÍÑËÌØÛÎÒ ÝßÔ×ÚÑÎÒ×ß ÜßÙ èéóðï ÙßÍ ÝÑÓÐßÒÇ Û×Î îéï Û×Î îïî ÚÍÐ îððéóððððê ÝËÐ ëéë øÎÝÔ éðóéïóíì÷ øÝËÐ îððêóðëïïé÷ × øÐÌÓË÷ øÝËÐ ïìíî÷ øÝËÐ ïðêë÷ Ì × øÐÌÓË÷ øÝËÐ êïê÷ øÊßÎ ïèîð Í÷ ËÒÜÛÎ ÝÑÒÍÌÎËÝÌ×ÑÒ × øÐÌÓË÷ × øÐÌÓË÷ ÍÓßÔÔ ×ÒÜò × øÐÌÓË÷ ÎÛÍÌßËÎßÒÌ Ú×ÎÓÍ ÍÓßÔÔ ×ÒÜò Ú×ÎÓÍ ÍÓßÔÔ ×ÒÜò Ú×ÎÓÍ × øÐÌÓË÷ ÍÓßÔÔ ×ÒÜò Ú×ÎÓÍ ÍÓßÔÔ ×ÒÜò Ú×ÎÓÍ × øÐÌÓË÷ ðëðïðð p ßÔÔ ÐÎÑÐÛÎÌ×ÛÍ ßÎÛ ×Ò ÌØÛ ÐÔßÌ×ÒËÓ ÌÎ×ßÒÙÔÛò Ú»»¬ Ñ½¬±¾»® ïíô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ü»ª»´±°³»²¬ ß¹®»»³»²¬ Ò±ò îððëóððððè Ì®¿½µ·²¹ Ò±ò ÜßÙîððèóððððê ïìðì Û¿¬ Õ¿¬»´´¿ ßª»²«» ïðêïì ATTACHMENT NO. 1 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT SUBSEQUENT EIR NO. 332 AND ITS ADDENDUM DATED SEPTEMBER 2005 SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005- 00008 BY AND BETWEEN THE CITY OF ANAHEIM AND LENNAR PLATINUM TRIANGLE LLC (1404 EAST KATELLA AVENUE – A-TOWN METRO) WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in said Statute; and WHEREAS, upon request of an applicant, cities are required to establish procedures and requirements by resolution or ordinance for the consideration of development agreements; and WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on November 23, 1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution") establishing procedures and requirements for the consideration of development agreements upon receipt of an application by the City; and WHEREAS, on November 8, 2005, the City of Anaheim (“City”) and Lennar Platinum Triangle Partners, LLC (Developer) and Don H. Watson, Trustee of the Don H. Watson Family Trust; Julius Realty Corporation; Traffic Control Services, Inc.; Joselito D. Ong and Renee Dee Ong; Roger C Treichler and Vicki Treichler as Co-Trustees of the Treichler Family Trust; Robert Stovall Family Partnership, L.P, and Jennifer Leonard and Linda Gaffney, as Tenants In Common (Collectively, Sellers) (Developer and Sellers collectively referred to as “Owners”) entered into that certain Development Agreement No. 2005-00008 and recorded in the Official Records of Orange County California on December 13, 2005 as Instrument No. 2005000992876 (the “Development Agreement”) with respect to that certain real property as legally described in Exhibit “A”, which is attached hereto and incorporated herein by this reference. WHEREAS, Owner submitted a letter of request dated September 19, 2008 to amend the Development Agreement to extend the term of the Development Agreement by an additional five years to provide for the development of a previously-approved master planned community with up to 2,681 dwelling units, up to 150,000 square feet of commercial uses, two public parks, public streets and related infrastructure in four phases over a period of 25 years; and -1- PC2008-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 29, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said amendment to Development Agreement No. 2005-00008 and to investigate and make findings and recommendations in connection therewith; and said public hearing was continued to October 13 to readvertise the request to reflect a modified request by the applicant; and WHEREAS, the Owner has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Project will result in the construction of 2,681 residential dwelling units and 150,000 square feet of commercial and restaurant uses, within a period of not more than twenty-five (25) years with an initial period of ten (10) years with subsequent five (5) year project milestones; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, does find and determine that the amendment to the Development Agreement meets the following standards set forth in the Procedures Resolution: 1.That the Project is consistent with the City’s General Plan in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan. 2.That the Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements. 3.That the Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements. 4.That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5.That the Development Agreement constitutes a lawful, present exercise of the City’s police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6.That the Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. 7. That *** indicated their presence at said public hearing in opposition. WHEREAS, that the Anaheim Planning Commission has reviewed the proposal and does hereby find that Subsequent EIR No. 332 and its Addendum dated September 2005 prepared in -2- PC2008-*** conjunction with Development Agreement No. 2008-00005 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval of the amendment to the Development Agreement to extend the term of the development agreement by five (5) years. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon Owner's compliance with each and all of the conditions set forth in Development Agreement No. 2005- 00008. 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. 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 October 13, 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. CHAIRMAN, ANAHEIM PLANNING COMMISSION -3- PC2008-*** ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 13 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 October, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-*** EXHIBIT A LEGAL DESCRIPTION In the City of Anaheim, County of Orange, State of California, being Lots 1 through 14, inclusive, Lots A and B, Katella Avenue, Westside Drive, Granville Drive, Market Street, Union Street, Metro Drive, Park Lane, State College Boulevard, Meridian Lane, Triad Street and Gene Autry Way of Tract No. 16859, as shown on a map filed in Book 892, Pages 1 through 10, inclusive of Miscellaneous Map, in the office of the County Recorder of said county. -5- PC2008-*** ATTACHMENT NO. 2 RECORDING AT THE REQUEST OF AND WHEN RECORDED RETURN TO: ______________________________________________________________________________ ___ SPACE ABOVE THE LINE IS FOR RECORDERS USE = AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2005-00008 By and Between THE CITY OF ANAHEIM and LENNAR PLATINUM TRIANGLE, LLC AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2005-00008 This AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2005-00008 (this “Amendment No. 1”), dated for purposes of identification only as of________, 2008 (the “Date of Amendment”), is made by LENNAR PLATINUM TRIANGLE, LLC, a California limited liability company. R E C I T A L S A. On or about October 25, 2005, the City of Anaheim (“City”) and Lennar Platinum Triangle Partners, LLC (Collectively, “LPT” or “Developer”) and Don H. Watson, Trustee of the Don H. Watson Family Trust; Julius Realty Corporation; Traffic Control Services, Inc.; Joselito D. Ong and Renee Dee Ong; Roger C Treichler and Vicki Treichler as Co-Trustees of the Treichler Family Trust; Robert Stovall Family Partnership, L.P, and Jennifer Leonard and Linda Gaffney, as Tenants In Common (Collectively, “Sellers”) entered into that certain Development Agreement No. 2005-00008 and recorded in the Official Records of Orange County California on December 13, 2005 as Instrument No. 2005000992876 (the “Development Agreement”) with respect to that certain real property as legally described in Attachment No. 1, which is attached hereto and incorporated herein by this reference. Copies of the Development Agreement are available as a public record in the office of the City Clerk located at 200 South Anaheim Boulevard, Anaheim, California. B. The Development Agreement provides for the development of amixed use master planned community with up to 2,681 dwelling units, up to 150,000 square feet of commercial uses, two public parks, public streets and related infrastructure in four phases over a period of 20 years, as more particularly set forth in the Master Site Plan, which is attached to the Development Agreement as Exhibit “B” and incorporated therein. C. Subsequent to the recordation of the Development Agreement, the fee title interest in the project was transferred from the Sellers to the Developer, making the Developer (Lennar Platinum Triangle Partners, LLC) the sole Owner of the project. D. Pursuant to Section 19 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal Code, Owner, submitted a request to extend the Term, as described in Section 2 and Exhibit “G” of the Development Agreement from an initial period of five (5) years to an initial period of ten (10) years. E. On October 13, 2008, the Anaheim City Planning Commission recommended approval to City Council of Owner’s request for an amendment to the Development Agreement to extend the Term of the Development Agreement based on the investment and progress made by the applicant to meet the obligations of the Development Agreement, and in recognition of the on-going market conditions which make compliance with the terms of the Development Agreement infeasible within the Initial Period as defined in Section 2. F. On _________, 2008, the Anaheim City Council approved an amendment to the Development Agreement to extend the Term of the Development Agreement. G. The City and Owner intend, in this Amendment No. 1, to revise Section 2 and Exhibit “G” of the Development Agreement to extend the Term of the Development Agreement to provide for the development of a mixed use master planned community with up to 2,681 dwelling units, up to 150,000 square feet of commercial uses, two public parks, public streets and related infrastructure in four phases over a period of 25 years, as more particularly set forth in the Master Site Plan, which is attached to the Development Agreement as Exhibit “B” and incorporated therein NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: SECTION 1. That Section 1.20 of the Development Agreement be, and the same is hereby, amended to read as follows: “Owner” is Lennar LPT, any person or entity with which or into which LPT “Owner. may merge, and any person or entity who may acquire substantially all of the assets of LPT, and any person or entity who receives any of the rights or obligations of under this Development Agreement in accordance with the provisions of Section 28 (Assignment) of this Development Agreement.” SECTION 2. That Section 2.1 of the Development Agreement be, and the same is hereby, amended to read as follows: “2.1 The term (hereinafter called (“Term”) of this Development Agreement shall be that period of time during which this Development Agreement shall be in effect and bind the parties hereto. The Term shall commence on the Development Agreement Date and shall extend for an initial period of ten (10) years. Thereafter, the Development Agreement shall be extended for up to three additional five (5) year periods provided the development milestones described in Exhibit “G” are achieved. The Development Agreement shall terminate at the end of the day of the tenth anniversary of the Development Agreement Date or such subsequent applicable Development Agreement date if the Development Agreement is extended for one, two or three additional five year terms, subject to the periodic review and modification or termination provisions defined in Section 26 and Section 28, respectively, of this Development Agreement and further subject to a reasonable extension for completion of the Project in accordance with the Timing of Development schedule set forth in Section 16 of this Development Agreement. OWNER shall submit proof of compliance with project milestones shown on Exhibit “G” prior to the expiration of each period set forth therein. The Planning Director shall determine if the project milestones have been met, and inform the City Council of the extension of the Development Agreement.” SECTION 3. That Exhibit “G” (Term Extension Milestones) of the Development Agreement be, and the same is hereby, amended to read as described in “Attachment No. 2” to this Amendment No. 1 to Development Agreement No. 2005-00008. SECTION 4. INTEGRATION. Except as expressly provided to the contrary herein, all provisions of the Development Agreement shall remain in full force and effect. The Development Agreement and this Amendment No. 1 shall hereinafter be collectively referred to as the “Agreement”. The Agreement integrates all of the terms and conditions of understanding between the City and Owner and supersedes all negotiations or previous agreements with respect to the subject matter hereof. SECTION 5. EFFECTIVE DATE. This Amendment No. 1 to Development Agreement No. 2005-00008 shall take effect immediately upon recordation in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, OWNER HAS EXECUTED THIS AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2005-00008 AS OF THE DATE SET FORTH BELOW. DATE: _____________________ “OWNER” LENNAR PLATINUM TRIANGLE, LLC, By: LENNAR CORP, By: _________________________________ Name: _______________________________ Title: ________________________________ Signature of owner(s) must be acknowledged by a Notary () APPROVED AS TO FORM: JACK L. WHITE, CITY ATTORNEY By: ____________________________ Mark S. Gordon Assistant City Attorney ATTACHMENT NO. 1 LEGAL DESCRIPTION In the City of Anaheim, County of Orange, State of California, being Lots 1 through 14, inclusive, Lots A and B, Katella Avenue, Westside Drive, Granville Drive, Market Street, Union Street, Metro Drive, Park Lane, State College Boulevard, Meridian Lane, Triad Street and Gene Autry Way of Tract No. 16859, as shown on a map filed in Book 892, Pages 1 through 10, inclusive of Miscellaneous Map, in the office of the County Recorder of said county. ATTACHMENT NO. 2 “EXHIBIT G TERM EXTENSION MILESTONES The term of this Development Agreement shall be as defined herein in Section 2.1. Automatic extensions to the Development Agreement will occur for three additional five (5) year periods provided the development milestones as described below are achieved within each of the defined periods: INITIAL PERIOD - (Development Agreement Date to the tenth anniversary of the Development Agreement Date) OWNER shall undertake the following development milestones in order for the Development Agreement to be extended to the First Extension Period: a. Completion of Condition No.2 of Exhibit “B-5” pertaining to the processing of a subdivision map(s) which includes the irrevocable offer of dedication to the City of Anaheim for the ultimate rights-of-way for the Project Site frontage along Katella Avenue, State College Boulevard and Gene Autry Way, the ultimate rights-of-way for Market Street and the Connector Streets within the project boundaries and the public park sites within the project boundaries. b. Construction of all public facilities (on-site roadways inclusive of Katella Avenue and Gene Autry Way, water lines, sewer lines, storm drains and dry utilities) for the area within Phase 1 (Phase 1 is shown on Exhibit “H,” Infrastructure Phasing, of this Development Agreement), as further described in the Master Site Plan in Exhibit "B" of this Development Agreement and in accordance with the conditions of approval set forth in Exhibit “B-5” and the conditions of the Conditional Use Permit set forth in Exhibit "C" of this Development Agreement. c. Completion of at least 700 residential dwelling units and approval of Final Site Plans encompassing at least 425 additional residential dwelling units. d.Completion of the improvements associated with the approximately 1/2-acre Public Park Area 2 as shown on the Master Site Plan in Exhibit "B" of this Development Agreement and in accordance with plans approved by the City of Anaheim pursuant to conditions of approval set forth in Exhibit "B-5" of this Development Agreement. FIRST EXTENSION PERIOD – (Tenth anniversary of the Development Agreement Date to the fifteenth anniversary of the Development Agreement Date) OWNER shall undertake the following development milestones in order for the Development Agreement to be extended to the Second Extension Period: a. Completion of all ultimate rights-of-way improvements along the Project Site frontage adjacent to State College Boulevard. b. Construction of all remaining public facilities (on-site roadways, water lines, sewer lines, storm drains and dry utilities) required within the construction phase (either Phase 2 or Phase 3) that follows Phase 1 (the Phase 2 and Phase 3 areas are shown on Exhibit “H,” Infrastructure Phasing, of this Development Agreement), as further described in the Master Site Plan in Exhibit "B" of this Development Agreement and in accordance with the conditions of approval set forth in Exhibit “B-5” and the conditions of the Conditional Use Permit set forth in Exhibit "C" of this Development Agreement. c. Completion of at least 850 residential dwelling units beyond the 700 residential dwelling units constructed during the Initial Period and approval of Final Site Plans encompassing at least 425 additional residential dwelling units. d. Completion of ground floor commercial space along the full length of Market Street within the Project Site in accordance with the PTMU Overlay Zone requirements. e. Completion of the improvements associated with the 3-acre Public Park Area 1 as shown on the Master Site Plan in Exhibit "B" of this Development Agreement and in accordance with plans approved by the City of Anaheim pursuant to conditions of approval set forth in Exhibit "B-5" of this Development Agreement. SECOND EXTENSION PERIOD – (Fifteenth anniversary of the Development Agreement Date to the twentieth anniversary of the Development Agreement Date) OWNER shall undertake the following development milestones in order for the Development Agreement to be extended to the Third Extension Period: a. Construction of all remaining public facilities as further described in the Master Site Plan in Exhibit "B" of this Development Agreement and in accordance with the conditions of approval set forth in Exhibit "B-5" of this Development Agreement. b. Completion of at least 850 residential dwelling units beyond the 1,550 residential dwelling units constructed during the Initial Period and the First Extension Period and approval of Final Site Plans encompassing at least 140 additional residential dwelling units. THIRD EXTENSION PERIOD – (Twentieth anniversary of the Development Agreement Date to the twenty-fifth anniversary of the Development Agreement Date) OWNER shall complete the buildout of the Project Site in accordance with the Master Site Plan in Exhibit "B" of this Development Agreement and in accordance with the conditions of approval set forth in Exhibit “B-5” and the conditions of the Conditional Use Permit set forth in Exhibit "C" of this Development Agreement.” ßÌÌßÝØÓÛÒÌ ÒÑò í ÑÎßÒÙÛÉÑÑÜ ßÊÛ ðëðïðð Ú»»¬ Ñ½¬±¾»® ïíô îððè Ü»ª»´±°³»²¬ ß¹®»»³»²¬ Ò±ò îððêóððððî Ì®¿½µ·²¹ Ò±ò ÜßÙ îððèóððððé îðëð Í±«¬¸ Í¬¿¬» Ý±´´»¹» Þ±«´»ª¿®¼ ¿²¼ îðïëóîïîë Û¿¬ Ñ®¿²¹»©±±¼ ßª»²«» ïðêîï ×¬»³ Ò±ò ì ÐÎ øÐÌÓË÷ × øÐÌÓË÷ ÝÑÓÓÛÎÝ×ßÔ ÍØÑÐÍ ×ÒÜò × øÐÌÓË÷ Ú×ÎÓ ÎÝÔ îððìóððïîç × øÐÌÓË÷ ÎÝÔ êêóêéóïì ËÒÜÛÎ ÎÝÔ ëêóëéóçí ÝÑÒÍÌÎËÝÌ×ÑÒ ÝËÐ îððêóðëðçí ÊßÎ ìîíë ÊßÎ îïïç ÌóÜßÙ îððèóðððé ÊßÝßÒÌ ÜßÙ îððêóððððî × øÐÌÓË÷ Ó×Í ßÜÐ ïîð ÊßÝßÒÌ ÓÛÜ×ÝßÔ ÌÌÓ ïêèêð ÑÚÚ×ÝÛ øÎÝÔ éðóéïóíì÷ × øÐÌÓË÷ øÝËÐ íîîë÷ øÝËÐ ïïîð÷ ÊßÝßÒÌ ÑóÔ øÐÌÓË÷ ÑÚÚ×ÝÛÍ ÊßÝßÒÌ ÊßÝßÒÌ ÊßÝßÒÌ ÑÎßÒÙÛÉÑÑÜ ßÊÛ × øÐÌÓË÷ ÊßÝßÒÌ × øÐÌÓË÷ ÑÚÚ×ÝÛ ÞÔÜÙò × øÐÌÓË÷ × øÐÌÓË÷ × øÐÌÓË÷ ÍÓßÔÔ ×ÒÜò ÍÓßÔÔ ×ÒÜò ÚßÍÌ ÚÑÑÜ Ú×ÎÓÍ Ú×ÎÓÍ ÎÛÍÌò × øÐÌÓË÷ ×ÒÜò Ú×ÎÓ × øÐÌÓË÷ × øÐÌÓË÷ ÐßÎÕ×ÒÙ p ðëðïðð ßÔÔ ÐÎÑÐÛÎÌ×ÛÍ ßÎÛ ×Ò ÌØÛ ÐÔßÌ×ÒËÓ ÌÎ×ßÒÙÔÛò Ú»»¬ Ñ½¬±¾»® ïíô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ü»ª»´±°³»²¬ ß¹®»»³»²¬ Ò±ò îððêóððððî Ì®¿½µ·²¹ Ò±ò ÜßÙ îððèóððððé îðëð Í±«¬¸ Í¬¿¬» Ý±´´»¹» Þ±«´»ª¿®¼ ¿²¼ îðïëóîïîë Û¿¬ Ñ®¿²¹»©±±¼ ßª»²«» ïðêîï [DRAFT] ATTACHMENTNO.1 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT SUBSEQUENT EIR NO. 332 AND ITS SECOND ADDENDUM DATED APRIL 2007 SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2006- 00002 BY AND BETWEEN THE CITY OF ANAHEIM AND PLATINUM TRIANGLE PARTNERS LLC (2050 SOUTH STATE COLLEGE BOULEVARD AND 2015 – 2125 EAST ORANGEWOOD AVENUE – A-TOWN STADIUM) WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in said Statute; and WHEREAS, upon request of an applicant, cities are required to establish procedures and requirements by resolution or ordinance for the consideration of development agreements; and WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on November 23, 1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution") establishing procedures and requirements for the consideration of development agreements upon receipt of an application by the City; and WHEREAS, on January 8, 2008, the City of Anaheim (“City”) and Platinum Triangle Partners, LLC (“Owner”) entered into that certain Development Agreement No. 2006- 00002 and recorded in the Official Records of Orange County California on January 2, 2008 as Instrument No. 2008000031001 (the “Development Agreement”) with respect to that certain real property as legally described in Exhibit “A”, which is attached hereto and incorporated herein by this reference. WHEREAS, the Owner submitted a letter of request dated September 19, 2008 to amend the Development Agreement to extend the term by an additional three years to provide for the development of a previously-approved residential community with up to 878 dwelling units, two public parks, public streets and related infrastructure in three phases over a period of 18 years; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 13, at 2:30 p.m., notice of said public hearing having been duly - 1 - PC2008-*** given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said amendment to Development Agreement No. 2006-00002 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Owner has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Project will result in the construction of 878 residential dwelling units within a period of not more than eighteen (18) years with an initial period of eight (8) years and two subsequent five (5) year project milestones; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, does find and determine that the amendment to the Development Agreement meets the following standards set forth in the Procedures Resolution: 1.That the Project is consistent with the City’s General Plan in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan. 2.That the Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements. 3.That the Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements. 4.That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5.That the Development Agreement constitutes a lawful, present exercise of the City’s police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6.That the Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. 7. That *** indicated their presence at said public hearing in opposition. WHEREAS, that the Anaheim Planning Commission has reviewed the proposal and does hereby find that Subsequent EIR No. 332 and its Second Addendum dated April 2007 prepared in conjunction with Development Agreement No. 2006-00002 is adequate to serve as the required environmental documentation in connection with this request. - 2 - PC2008-*** NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval of the amendment to the Development Agreement to extend the term of the development agreement by five (5) years. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon Owner's compliance with each and all of the conditions set forth in Development Agreement No. 2006- 00002. 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. 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 October 13, 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. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 13 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 October, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-*** EXHIBIT A LEGAL DESCRIPTION PARCEL A: THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 667.79 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE OF 667.79 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOT 3 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTH 89° 59’ 00” EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT;THENCE SOUTH 89° 59’ 00” WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THESOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY’S 30.00 FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292 PAGE 508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16° 17’ 15” EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43°23’ 25” TO A POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 0°57’ 19”; THENCE SOUTH 31° 16’ 19” WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 49’ 31” TO THE POINT OF BEGINNING. PARCEL Al: A RIGHT OF WAY AND EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SAID LOT 3 IS SHOWN ON A MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN A LINE WHICH IS PARALLEL WITH AND DISTANT NORTHERLY 667.79 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3 (CENTERLINE OF ORANGE WOOD AVENUE) SAID POINT BEING DISTANT NORTH 89° 59’ 00” EAST 1031.93 FEET FROM THE WEST LINE OF SAID LOT 3 (CENTERLINE OF STATE COLLEGE BOULEVARD); THENCE ALONG SAID PARALLEL LINE NORTH 89° 59’ 00” EAST A DISTANCE OF 22.26 FEET TO AN INTERSECTION WITH A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 344.25 FEET (RADIAL LINE THROUGH SAID INTERSECTION SEARS SOUTH 78° 21’ 47” EAST); THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 47’ 33” AND AN ARC DISTANCE OF 70.85 FEET; THENCE SOUTH 89° 50’ 40” WEST 5.00 FEET TO A LINE WHICH IS PARALLEL W1TH THE WEST LINE OF SAID LOT 3; THENCE SOUTH 0° 9’ 20”EAST ALONG SAID PARALLEL LINE 411.38 FEET; THENCE SOUTH 89° 50’ 40” WEST 10.00 FEET; THENCE NORTH 0° 09’ 20” WEST 481.79 FEET TO THE POINT OF BEGINNING. - 4 - PC2008-*** PARCEL B: THE EAST 25 FEET OF THAT PORTION OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, AS DESCRIBED IN THE DEED TO THE OWEN COMPANY, RECORDED APRIL 9, 1963 IN BOOK 6500 PAGE 838, OFFICIAL RECORDS OF ORANGE COUNTY. PARCEL C: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS CORRECTED BY JUDGMENT RENDERED ON JUNE 30, 1999, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, OFFICIAL RECORDS OF ORANGE COUNTY. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY FINAL ORDER OF CONDEMNATION RECORDED MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OFFICIAL RECORDS OF ORANGE COUNTY. PARCEL D: THE WEST 203.67 FEET, MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, ADJOINING ON THE WEST LINE OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL RIGHTS, 1TFLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED FROM REESE MILNER, A MARRIED MAN, RECORDED JULY 13, 1965 IN BOOK 7590 PAGE 498, OFFICIAL RECORDS. EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE JUDGMENT AND FINAL ORDER OF CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS OF SAID COUNTY, PARCEL E: THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD. EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE JUDGMENT AND FINAL ORDER OF CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS OF SAID COUNTY. - 5 - PC2008-*** PARCEL F: THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE OUNTY, SAID WEST 513.67 FEET BEING MEASURED TO THE CENTER OF PLACENTIA AVENUE, NOW STATE COLLEGE BOULEVARD, TOGETHER WITH EASEMENTS FOR DRAINAGE AND RAILROAD PURPOSES AS SET FORTH AND DESCRIBED IN THE GRANT DEED RECORDED AUGUST 10, 1978 IN BOOK 12794 PAGE 1212, OFFICIAL RECORDS. PARCEL G: PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 27 PAGE 33 OF PARCEL MAPS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS AMENDED BY JUDGMENT RENDERED ON JUNE 30, 1999 IN THE ACTION ENTITLED DOUGLAS MELUGIN, ET AL. VS. THE CITY OF ANAHEIM, ET AL, ORANGE COUNTY SUPERIOR COURT CASE NO. 765097, A CERTIFIED COPY OF WHICH BEING RECORDED ON NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL G1: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION LYING WITHIN PARCEL A AS STATED ABOVE. SAID LAND IS DELINEATED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL G2: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES 30.00 FEET IN WIDTH OVER PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. - 6 - PC2008-*** ATTACHMENT NO. 2 RECORDING AT THE REQUEST OF AND WHEN RECORDED RETURN TO: ______________________________________________________________________________ ___ SPACE ABOVE THE LINE IS FOR RECORDERS USE = AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2006-00002 By and Between THE CITY OF ANAHEIM and PLATINUM TRIANGLE PARTNERS, LLC AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2006-00002 This AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2006-00002 (this “Amendment No. 1”), dated for purposes of identification only as of_________, 2008 (the “Date of Amendment”), is made by PLATINUM TRIANGLE PARTNERS, LLC, a Delaware limited liability company. R E C I T A L S A. On or about January 8, 2008, the City of Anaheim (“City”) and Lennar Platinum Triangle Partners, LLC (Owner) entered into that certain Development Agreement No. 2006- 00002 and recorded in the Official Records of Orange County California on January 22, 2008 as Instrument No. 2008000031001 (the “Development Agreement”) with respect to that certain real property as legally described in Attachment No. 1, which is attached hereto and incorporated herein by this reference. Copies of the Development Agreement are available as a public record in the office of the City Clerk located at 200 South Anaheim Boulevard, Anaheim, California. B. The Development Agreement provides for the development of a residential community with up to 878 dwelling units, two public parks, public streets and related infrastructure in three phases over a period of 15 years, as more particularly set forth in the Master Site Plan, which is attached to the Development Agreement as Exhibit “B” and incorporated therein. C. Pursuant to Section 19 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal Code, Owner, submitted a request to extend the Term, as described in Section 2 and Exhibit “G” of the Development Agreement from an initial period of five (5) years to an initial period of eight (8) years. D. On October 13, 2008, the Anaheim City Planning Commission recommended approval to City Council of Owner’s request for an amendment to the Development Agreement to extend the Term of the Development Agreement based on the investment and progress made by the applicant to meet the obligations of the Development Agreement, and in recognition of the on-going market conditions which make compliance with the terms of the Development Agreement infeasible within the Initial Period as described in Section 2. E. On _________, 2008, the Anaheim City Council approved an amendment to the Development Agreement to extend the Term of the Development Agreement. E. The City and Owner intend, in this Amendment No. 1, to revise Section 2 and Exhibit “G” of the Development Agreement to extend the Term of the Development Agreement to provide for the development of a residential community with up to 878 dwelling units, two public parks, public streets and related infrastructure in three phases over a period of 18 years, as more particularly set forth in the Master Site Plan, which is attached to the Development Agreement as Exhibit “B” and incorporated therein NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: SECTION 1. That Section 2.1 of the Development Agreement be, and the same is hereby, amended to read as follows: “2.1 The term of this Development Agreement (hereinafter called (“Term”) shall be that period of time during which this Development Agreement shall be in effect and bind the parties hereto. The Term shall commence on the Development Agreement Date and shall extend for an initial period of eight (8) years. Thereafter, the Development Agreement shall be extended for up to two additional five (5) year periods provided the development milestones described in Exhibit “G” are achieved. OWNER shall submit proof of satisfying those development milestones prior to the expiration of the immediately preceding period of the Term. The Planning Director shall determine if the required development milestones have been met and inform the City Council of the extension of the Development Agreement. OWNER may appeal to the Planning Commission and, subsequently, the City Council any determination of the Planning Director, regarding satisfaction of the development milestones.” SECTION 2. That Exhibit “G” (Term Extension Milestones) of the Development Agreement be, and the same is hereby, amended to read as described in “Attachment No.2” to this Amendment No. 1 to Development Agreement No. 2006-00002 SECTION 4. INTEGRATION. Except as expressly provided to the contrary herein, all provisions of the Development Agreement shall remain in full force and effect. The Development Agreement and this Amendment No. 1 shall hereinafter be collectively referred to as the “Agreement”. The Agreement integrates all of the terms and conditions of understanding between the City and Owner and supersedes all negotiations or previous agreements with respect to the subject matter hereof. SECTION 5. EFFECTIVE DATE. This Amendment No. 1 to Development Agreement No. 2006-00002 shall take effect immediately upon recordation in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, OWNER HAS EXECUTED THIS AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2006-00002 AS OF THE DATE SET FORTH BELOW. DATE: _____________________ “OWNER” PLATINUM TRIANGLE PARTNERS, LLC, By: LENNAR CORP, By: _________________________________ Name: _______________________________ Title: ________________________________ Signature of owner(s) must be acknowledged by a Notary () APPROVED AS TO FORM: JACK L. WHITE, CITY ATTORNEY By: ____________________________ Mark S. Gordon Assistant City Attorney ATTACHMENT NO. 1 LEGAL DESCRIPTION PARCEL A: THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 667.79 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE OF 667.79 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOT 3 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTH 89° 59’ 00” EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT; THENCE SOUTH 89° 59’ 00” WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THE SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY’S 30.00 FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292 PAGE 508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16° 17’ 15” EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43°23’ 25” TO A POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3672.29 FEET; THENCE 57’ SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 0° 19”; THENCE SOUTH 31° 16’ 19” WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 49’ 31” TO THE POINT OF BEGINNING. PARCEL Al: A RIGHT OF WAY AND EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SAID LOT 3 IS SHOWN ON A MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN A LINE WHICH IS PARALLEL WITH AND DISTANT NORTHERLY 667.79 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3 (CENTERLINE OF ORANGE WOOD AVENUE) SAID POINT BEING DISTANT NORTH 89° 59’ 00” EAST 1031.93 FEET FROM THE WEST LINE OF SAID LOT 3 (CENTERLINE OF STATE COLLEGE BOULEVARD); THENCE ALONG SAID PARALLEL LINE NORTH 89° 59’ 00” EAST A DISTANCE OF 22.26 FEET TO AN INTERSECTION WITH A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 344.25 FEET (RADIAL LINE THROUGH SAID INTERSECTION SEARS SOUTH 78° 21’ 47” EAST); THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 47’ 33” AND AN ARC DISTANCE OF 70.85 FEET; THENCE SOUTH 89° 50’ 40” WEST 5.00 FEET TO A LINE WHICH IS PARALLEL W1TH THE WEST LINE OF SAID LOT 3; THENCE SOUTH 0° 9’ 20”EAST ALONG SAID PARALLEL LINE 411.38 FEET; THENCE SOUTH 89° 50’ 40” WEST 10.00 FEET; THENCE NORTH 0° 09’ 20” WEST 481.79 FEET TO THE POINT OF BEGINNING. - 5 - PC2008- PARCEL B: THE EAST 25 FEET OF THAT PORTION OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, AS DESCRIBED IN THE DEED TO THE OWEN COMPANY, RECORDED APRIL 9, 1963 IN BOOK 6500 PAGE 838, OFFICIAL RECORDS OF ORANGE COUNTY. PARCEL C: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS CORRECTED BY JUDGMENT RENDERED ON JUNE 30, 1999, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, OFFICIAL RECORDS OF ORANGE COUNTY. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY FINAL ORDER OF CONDEMNATION RECORDED MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OFFICIAL RECORDS OF ORANGE COUNTY. PARCEL D: THE WEST 203.67 FEET, MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, ADJOINING ON THE WEST LINE OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL RIGHTS, 1TFLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED FROM REESE MILNER, A MARRIED MAN, RECORDED JULY 13, 1965 IN BOOK 7590 PAGE 498, OFFICIAL RECORDS. EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE JUDGMENT AND FINAL ORDER OF CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS OF SAID COUNTY, PARCEL E: THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD. EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE JUDGMENT AND FINAL ORDER OF CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS OF SAID COUNTY. - 6 - PC2008- PARCEL F: THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE OUNTY, SAID WEST 513.67 FEET BEING MEASURED TO THE CENTER OF PLACENTIA AVENUE, NOW STATE COLLEGE BOULEVARD, TOGETHER WITH EASEMENTS FOR DRAINAGE AND RAILROAD PURPOSES AS SET FORTH AND DESCRIBED IN THE GRANT DEED RECORDED AUGUST 10, 1978 IN BOOK 12794 PAGE 1212, OFFICIAL RECORDS. PARCEL G: PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 27 PAGE 33 OF PARCEL MAPS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS AMENDED BY JUDGMENT RENDERED ON JUNE 30, 1999 IN THE ACTION ENTITLED DOUGLAS MELUGIN, ET AL. VS. THE CITY OF ANAHEIM, ET AL, ORANGE COUNTY SUPERIOR COURT CASE NO. 765097, A CERTIFIED COPY OF WHICH BEING RECORDED ON NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL G1: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION LYING WITHIN PARCEL A AS STATED ABOVE. SAID LAND IS DELINEATED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL G2: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES 30.00 FEET IN WIDTH OVER PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ATTACHMENT No. 2 “EXHIBIT G TERM EXTENSION MILESTONES The term of this Development Agreement shall be as defined herein in Section 2.1. Two automatic extensions to the Development Agreement will occur for two five (5) year periods provided the development milestones as described below are achieved by the OWNER within the Initial Period (Development Agreement Date to the eighth anniversary of the Development Agreement Date) and the first five (5) year extension: INITIAL EIGHT YEAR PERIOD MILESTONES. 1.Completion of all buildings within Phase 1, as indicated on Exhibit B-2 of the Master Site Plan and completion of Public Park 1. 2.Final Site Plans reviewed and approved by City and issuance of building permits for all buildings within Phase 2, as indicated on Exhibit B-2 of the Master Site Plan. 3.Completion of Phase 1 infrastructure improvements, as described on Exhibit B-2, Phasing Plan. FIRST FIVE YEAR EXTENSION PERIOD MILESTONES. 1.Complete all buildings within Phase 2 and completion of Public Park 2. 2.Final Site Plans reviewed and approved by the City for all buildings within Phase 3 and issuance of building permits for all buildings within Phase 3, as indicated in Exhibit B-2 of the Master Site Plan. SECOND FIVE YEAR EXTENSION PERIOD MILESTONES. 1.Complete all buildings within Phase 3. 2. Complete Phase 3 Infrastructure improvements, as described in Exhibit B-2, Phasing Plan.” ßÌÌßÝØÓÛÒÌ ÒÑò í ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ñ½¬±¾»® ïíô îððè Í«¾¶»½¬ Ð®±°»®¬§ Î»½´¿·º·½¿¬·±² Ò±ò îððèóððîïë Ê¿®·¿²½» Ò±ò îððèóðìéìç Ì»²¬¿¬·ª» Ð¿®½»´ Ó¿° Ò±ò îððêóîîç éîêð Û¿¬ Ý¿²§±² Î·³ Î±¿¼ ïðêîî ×¬»³ Ò±ò ë ï ÜË ÛßÝØ ÝßÒÇÑÒ Î×Ó ÐßÎÕ ÑÐÛÒ ÍÐßÝÛ Ì ÌÐÓ îððêóîîç ÎÝÔ îððèóððîïë ÎÝÔ éðóéïóíí øë÷ ÊßÎ îððèóðìéìç ÎÓóî øÝËÐ îêîì÷ ÉßÔÒËÌ ÝßÒÇÑÒ ÝÑÒÜÑÓ×Ò×ËÓÍ ÎÛÍÛÎÊÑ×Î îì ÜË ï ÜË ÎÍóî ÛßÝØ ðëðïðð ßÔÔ ÐÎÑÐÛÎÌ×ÛÍ ßÎÛ ×Ò ÌØÛ ÍÝÛÒ×Ý ÝÑÎÎ×ÜÑÎ øÍÝ÷ ÑÊÛÎÔßÇ ÆÑÒÛò Ú»»¬ Ñ½¬±¾»® ïíô îððè Í«¾¶»½¬ Ð®±°»®¬§ Î»½´¿·º·½¿¬·±² Ò±ò îððèóððîïë Ê¿®·¿²½» Ò±ò îððèóðìéìç Ì»²¬¿¬·ª» Ð¿®½»´ Ó¿° Ò±ò îððêóîîç éîêð Û¿¬ Ý¿²§±² Î·³ Î±¿¼ ïðêîî ßÌÌßÝØÓÛÒÌ ÒÑò ï p ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ñ½¬±¾»® ïíô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððéóëîîê Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíëï ïïïî Ò±®¬¸ Þ®±±µ¸«®¬ Í¬®»»¬ ¿²¼ îïëéóîïêë É»¬ Ô¿ Ð¿´³¿ ßª»²«» ïðêîí ×¬»³ Ò±ò ê ÎÍóî ï ÜË ÛßÝØ ÎÍóî ï ÜË ÛßÝØ ÎÍóî ï ÜË ÛßÝØ ÝóÙ øÞÝÝ÷ ÎÍóî ï ÜË ÛßÝØ ÝóÙ øÞÝÝ÷ ÝØËÎÝØ É»¬ ß²¿¸»·³ Ý±³³»®½·¿´ Ý±®®·¼±® øÎ»¼»ª»´±°³»²¬ ß®»¿÷ ÝóÙ øÞÝÝ÷ ÓÛÜ×ÝßÔ ÑÚÚ×ÝÛÍ ÝóÙ øÞÝÝ÷ ÓÛÜ×ÝßÔ ÑÚÚ×ÝÛÍ × ÍßóÎßÒÙ ÝÑÓÓËÒ×ÌÇ ÝóÙ øÞÝÝ÷ ÝØËÎÝØ ÓÛÜ×ÝßÔ ÑÚÚ×ÝÛÍ ÝóÙ øÞÝÝ÷ ÎÍóî ÎÛÌß×Ô ï ÜË ÛßÝØ ÝóÙ øÞÝÝ÷ ÝóÙ øÞÝÝ÷ ÎÛÍÌò ÑÚÚ×ÝÛ ÝóÙ ÞË×ÔÜ×ÒÙÍ ÝóÙ øÞÝÝ÷ ÎÍóî ßËÌÑ ÍØÑÐ ÊßÝßÒÌ ï ÜË ÛßÝØ ÍÛÎÊ×ÝÛ ÍÌßÌ×ÑÒ ÎÝÔ îðððóðððíî ÊßÎ ìîîï Ôß ÐßÔÓß ßÊÛ ÎÝÔ çèóççóïï ÊßÎ íçíð ÎÝÔ ëíóëìóíï ÊßÎ íêîê ÌóÝËÐ îððèóðëíëï ÙÐß îðððóððíéç ÝËÐ îððéóðëîîê ÐÝÒ çéóðë ÎÍóî ÌóÝËÐ îððîóðìëîë ÆÝß îððíóðððîé ï ÜË ÛßÝØ ÌóÝËÐ îðððóðìîðí øÌóÝËÐ îððíóðìéîí÷ ÝËÐ íçðï øÝËÐ îçëí÷ ÝËÐ íîçï øÝËÐ îèêç÷ ÝËÐ ëçë øÝËÐ îîðè÷ ÎÍóî øÝËÐ ïëíë÷ ï ÜË ÛßÝØ ÎÍóî ï ÜË ÛßÝØ p ðëðïðð Ú»»¬ Ñ½¬±¾»® ïíô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððéóëîîê Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíëï ïïïî Ò±®¬¸ Þ®±±µ¸«®¬ Í¬®»»¬ ¿²¼ îïëéóîïêë É»¬ Ô¿ Ð¿´³¿ ßª»²«» ïðêîí ATTACHMENT NO. 1 PROJECT SUMMARY CONDITIONAL USE PERMIT NO. 2007-05226 Development Standard Proposed Project C-G Zone Standards Site Area 1.5 acres N/A Parking92107 Building Setbacks for Building C: North (adj. to commercial) 100 feet None South (adj. to La Palma Ave.) 15 feet 15 feet West (adj. to service station) 3 feet 3 inches None Building Height for Building C 40 feet 75 feet Floor Area Ratio 0.280.50 PARKING SUMMARY Parking Required UseSize RatioRequired Retail16,458 s.f. 5.5 spaces/1,000 s.f. 90.5 Restaurant 2,050 s.f. 8 spaces/1,000 s.f. 16.4 Total107 [DRAFT] ATTACHMENTNO.2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2007-05226 AND RESOLUTION NO. PC2007-85. (1112 NORTH BROOKHURST STREET AND 2157-2165 WEST LA PALMA AVENUE) WHEREAS, on July 23, 2007, the Anaheim City Planning Commission, by its Resolution No. PC2007-85, did approve Conditional Use Permit No. 2007-05226 to expand an existing commercial retail center and to construct a drive-through coffee shop; and WHEREAS, the project is comprised of two contiguous properties, one of which is currently developed with a commercial retail center and the other is vacant, and are located in the C-G (BCC) (General Commercial - Brookhurst Commercial Corridor Overlay) zone; that the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition 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 for an amendment to previously-approved Conditional Use Permit No. 2007-05226 to modify the approved plans to increase the number of units from 12 to 14 and to permit a convenience market; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 13, 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 hear and consider evidence for and against said proposed amendment to the conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That an amendment to the conditional use permit to modify plans to increase the number of units from 12 to 14 and to permit a convenience market is permitted under authority of Code Section 18.60.190; 2.That an amendment to the conditional use permit will not adversely affect the adjoining land uses or the growth and development of the area because the addition of two units including a convenience market is consistent with the uses on the property and in the vicinity; 3.That the size and shape of the site for the commercial retail center, as amended, is adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare because appropriate areas have been designated for parking and circulation; - 1 - PC2008-*** 4.That granting of the amendment to 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 and will provide a land use that is compatible with the surrounding area because the requested modifications would allow activities to be conducted on-site and are consistent with uses predominantly surrounded by other commercial uses; 5.That the amendment will not cause fewer off-street parking spaces to be provided for the commercial retail center than the number of spaces necessary to accommodate all vehicles for employees and visitors and is consistent with the analysis of the previously- approved parking demand study prepared by Rafiq and Associates in July 2007; and 6.That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously-approved in connection with Conditional Use Permit No. 2007-05226 is adequate to serve as the required environmental documentation in connection with this request. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 2007-05226 as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2007-85 and as adopted in connection with Conditional Use Permit No. 2007-05226, as described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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 the court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 2 - PC2008-*** BE IT FURTHER RESOLVED that the property owner/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, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOINGRESOLUTION was adopted at the Planning Commission meeting of October 13, 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 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 13, 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 October, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-*** EXHIBIT “A” CONDITIONAL USE PERMIT NO. 2007-05226 - 4 - PC2008-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2007-05226 Responsible for Conditions of Approval No.Monitoring PRIOR TO ISSUANCE OF A GRADING PERMIT 1That the applicant shall submit to the Public Works Department, Development Public Works Services Division for review and approval a Water Quality Management Plan that: Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. Incorporates Treatment Control BMPs as defined in DAMP. Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. 2That the applicant shall obtain a demolition permit for demolition of existing Planning structures. PRIOR TO ISSUANCE OF BUILDING PERMIT 3That the number of tenant spaces for this commercial retail center shall be limited Planning to fourteen (14). Said information shall be specifically shown on plans submitted for building permits. 4That the property owner shall submit plans which detail the lighting system for Planning any parking facilities adjacent to residential uses. The systems shall be designed and maintained in such a manner as to conceal light sources to the extent feasible to minimize light spillage and glare to the adjacent uses. All lighting fixtures, types and locations shall be identified on the plan submitted for building permits. 5That 4-foot high street address numbers shall be displayed flat on the roof of the Planning building in a color that contrasts with the roof material. The numbers shall not be Police visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. - 5 - PC2008-*** Responsible for Conditions of Approval No.Monitoring 6That a plan sheet for solid waste storage, collection and a plan for recycling shall Public Works be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 7That trash storage areas shall be provided and maintained in a location acceptable Public Works to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. A decorative trellis feature shall be installed across the top of all trash enclosure areas. 8That an on-site trash truck turn-around area shall be provided per Engineering Public Works Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 9That the project shall provide for accessible truck deliveries on-site. Said Planning information shall be specifically shown on plans submitted for building permits. 10That a final coordinated sign program for the entire center, including Planning specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to placement, design, and materials. Said plans for the monument sign shall incorporate the stone treatment used on the building. The signage shall be designed to complement the architecture of the commercial retail center. Said plans shall also indicate the removal of the existing non-conforming pole sign adjacent to Brookhurst Street. Any decision by staff may be appealed to the Planning Commission as a “Reports and Recommendations” item. 11That all new backflow equipment shall be located above ground and outside of Public Utilities the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans and approved by the Water Engineering Department. - 6 - PC2008-*** Responsible for No.Conditions of Approval Monitoring 12That all requests for new water services, fire hydrants, or fire lines, as well as any Public Utilities modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 13That since this project has a landscaping common area exceeding 2,500 square Public Utilities feet; a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 14That the locations for future above-ground utility devices including, but not Planning limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). 15That any required relocation of City electrical facilities shall be at the developer’s Public Utilities expense. 16That any removal or relocation of any traffic signal equipment or any other Public Works related item to the traffic signal shall be at the developer’s expense if the project requires street widening or new/modification of the driveway. 17That building and parking lot lighting shall be decorative. Additionally, lighting Planning fixtures shall be down-lighted and directed away from nearby residential Community properties to protect the residential integrity of the area. Said information shall be Development specifically shown on the plans submitted for building permits. Light fixtures shall be subject to the approval of the Planning Director and Community Development Director. 18That all plumbing or other similar pipes and fixtures located on the exterior of the Planning building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 19That the applicant shall abandon any City of Anaheim public utilities easements Public Utilities that conflict with the proposed building footprint. 20That a Lot Line Adjustment shall be submitted to the Public Works Department, Public Works Engineering Division, Development Services to adjust the property line. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of the Orange County Recorder. - 7 - PC2008-*** Responsible for No.Conditions of Approval Monitoring 21That an alarm system or security key or card pad shall be provided for the rear Planning entry of Building “C” to ensure access limitations to employees only. 22That street improvement plans with landscaping and irrigation to improve La Public Works Palma Avenue shall be submitted to the Development Services Division of the Public Works Department. Said plans shall indicate a 5-foot wide sidewalk and 5-foot wide parkway with landscaping along Brookhurst Street and La Palma Avenue. Street trees along La Palma Avenue shall be per the City’s Master Plan. Irrigation in the public right-of-way along La Palma Avenue shall be connected to the on-site irrigation system and maintained by the property owner. A right-of- way construction permit shall be obtained from the Development Services Division of the Public Works Department for all work performed in the right-of- way. The improvements shall be constructed prior to final building and zoning inspections. 23That the westerly driveway approach along La Palma Avenue shall be removed Public Works and replaced with a new curb and gutter, parkway landscaping and sidewalk. The remaining driveway approaches on Brookhurst Street and La Palma Avenue shall be removed and reconstructed per Engineering Standard Detail No. 115-B. 24That decorative hardscape patterns shall be installed on-site at each driveway on Planning La Palma Avenue and Brookhurst Street with a minimum depth of 5 feet. The Community color and pattern shall be subject to the approval of the Community Development Development Director. Said information shall be specifically shown on the plans submitted for building permits. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 25That prior to final building and zoning inspection, the applicant shall: Public Works Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project WQMP. Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. - 8 - PC2008-*** 26That an Emergency Listing Card, Form APD-281 shall be completed and Police submitted in a completed form to the Anaheim Police Department. GENERAL 27That there shall be no outdoor storage on the property. Code Enforcement 28That no video, electronic or other amusement devices shall be permitted on the Code premises without appropriate permits. Enforcement 29That all public phones shall be located inside the building. Code Enforcement 30That no outdoor vending machines that are visible to the public right-of-way shall Code be permitted on the property. Enforcement 31That all trash generated from this commercial retail center shall be properly Code contained in trash bins located within approved trash enclosures. The number of Enforcement bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 32That the property shall be permanently maintained in an orderly fashion through Code the provision of regular landscaping maintenance, removal of trash or debris, and Enforcement removal of graffiti within twenty-four (24) hours from the time of discovery. Public Works 33That any tree or other landscaping planted on-site shall be replaced in a timely Code manner in the event that it is removed, damaged, diseased and/or dead. Enforcement 34That subject property shall be developed substantially in accordance with plans Planning and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1, 3, 5, 6, 7, 8, 9 and Exhibit Nos. 2 and 4 of Conditional Use Permit No. 2007-05226, and as conditioned herein. 35That timing for compliance with conditions of approval may be amended by the Planning 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. 36That extensions for further time to complete conditions of approval may be Planning granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. - 9 - PC2008-*** Responsible for Conditions of Approval No.Monitoring 37That approval of this application constitutes approval of the proposed request Planning 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. - 10 - PC2008-*** ßÌÌßÝØÓÛÒÌ ÒÑò í RESOLUTION NO. PC2007-85 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05226 BE GRANTED (1112 NORTH BROOKHURST STREET AND 2157-2165 WEST LA PALMA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: BEING PORTIONS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ONE PORTION MORE PARTICULARLY DESCRIBED IN TAT CERTAIN GRANT DEED TO THE STATE OF CALIFORNIA RECORDED MARCH 11, 1996 AS INSTRUMENT NO. 19960118919 OF OFFICIAL RECORDS AND ONE PORTION A BEING THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL NO. 200742-1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE, A COPY OF WHICH RECORDED SEPTEMBER 12, 1997 AS INSTRUMENT NO. 19970446574 OF OFFICIAL RECORDS OF SAID COUNTY, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5 AS SHOWN ON TRACT NO. 2093 RECORDED IN BOOK 76 PAGES 45 THROUGH 48, INCLUSIVE OF SAID MISCELLANEOUS MAPS; THENCE SOUTH 89°35’53” EAST 658.30 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION; THENCE NORTH 00°24’07” EAST 53.00 FEET FROM THE SOUTHERLY LINE OF SAID SECTION; SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A CURVE TANGENT TO SAID PARALLEL LINE; CONCAVE NORTHERLY AND HAVING A RADIUS OF 1480.00 FEET; THENCE WESTERLY 149.05 FEET ALONG SAID CURVE CONCAVE THROUGH A CENTRAL ANGLE OF 5°46’12” TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1480.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 06°10’19” WEST; THENCE WESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 5°46’12” AN ARC LENGTH OF 149.05 FEET TO A POINT OF TANGENCY WITH A LINE PARALLEL WITH AND DISTANT NORTHERLY 68.00 FEET FORM THE SOUTHERLY LINE OF SAID SECTION; THENCE ALONG SAID PARALLEL LINE NORTH 89°35’53” WEST 273.67 FEET. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1927, ZONE 6. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTIONS BY 1.00001210 TO OBTAIN GROUND LEVEL DISTANCES. APN: 072-415-50 THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF ORANGE, CITY OF ANAHEIM, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Cr\PC2007-85 -1- PC2007-85 THE WEST 317.00 FEET OF THE SOUTH 283.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP ON FILE IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 53.00 FEET WITH THE EAST LINE OF THE WESTERLY 190.00 FEET OF SAID SECTION, THENCE NORTH 0°19’44” WEST ALONG SAID EAST LINE 107.00 FEET TO A POINT 40.00 SOUTHERLY OF NORTHERLY LINE OF THE SOUTHERLY LINE 200.00 FEET; THENCE NORTH 45°16’14” WEST 56.63 FEET TO A POINT IN THE NORTHERLY LINE OF SAID SOUTHERLY 200.00 FEET, SAID POINT BEING 40.00 FEET WESTERLY OF SAID EAST LINE OF SAID WESTERLY 190.00; THENCE SOUTH 89°46’26” WEST ALONG LAST MENTIONED NORTHERLY LINE 90.00 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 60.00 FEET OF SAID SECTION; THENCE SOUTH 0°19’41”, EAST ALONG LAST MENTIONED EASTERLY LINE 122.00 FEET TO A POINT 25.00 FEET NORTHERLY OF SAID NORTH LINE OF THE SOUTH 53.00 FEET OF SAID SECTION; THENCE SOUTH 46°23’28” EAST 36.10 FEET TO A POINT IN SAID NORTH LIEN OF SAID SOUTH 53.00 FEET OF SAID SECTION SAID POINT BEING 26.00 EAST ALONG LAST MENTIONED NORTH LINE 104.00 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED OCTOBER6, 1999 AS INSTRUMENT NO. 19990711586, OFFICIAL RECORDS OF ORANGE COUNTY. APN: 072-415-45 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 23, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use, to expand an existing commercial retail center with a drive-through coffee shop, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Commercial Retail Center and Restaurants – Drive-Through) with waivers of the following provisions: Maximum structural height. (a) SECTION NO. 18.080.050.010 (0 feet permitted; 29 feet proposed) (b) SECTION NO. 18.080.060.010.0101Minimum landscape setback. (10 feet required; 0 feet proposed) -2- PC2007-85 (c) SECTION NO. 18.080.060.010.0102Minimum building setback. feet required; 5 feet proposed) (20 (d) SECTION NO. 18.42.040.010Minimum number of parking spaces. (129 required; 91 proposed) 2. That waiver (a) pertaining to structural height, waiver (b) for minimum landscape setback and waiver (c) for minimum building setback are hereby approved because the property’s configuration is unique as the property only shares a corner with a single-family residential zone boundary rather than a property line. The location of the expansion of the commercial center is limited and compliance with these code requirements would render one-third of the site unusable. 3. That the waiver pertaining to parking, under the conditions imposed will not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary because the spaces provided exceed the demand for the commercial center. 4. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposal because adequate parking will be provided on the property. 5. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed uses because adequate parking and circulation is provided. 6. That the proposed commercial retail center and drive-through restaurant, as conditioned herein would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the property is predominately surrounded by other commercial uses. 7. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 8. That granting of this conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 9. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: Prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, the following conditions shall be complied with: -3- PC2007-85 1. That the number of tenant spaces for this commercial retail center shall be limited to twelve (12). Said information shall be specifically shown on plans submitted for building permits. 2. That parking lots, driveway, circulation areas, aisles, 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 persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 3. That 4-foot high street address numbers shall be displayed flat on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 4. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 5. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. A decorative trellis feature shall be installed across the top of the trash enclosure area. 6. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 7. That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits. 8. That a final coordinated sign program for the entire center, including specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to placement, design, and materials. Said plans for the monument sign shall incorporate the stone treatment used on the building. The signage shall be designed to complement the architecture of the commercial retail center. Said plans shall also indicate the removal of the existing non-conforming pole sign adjacent to Brookhurst Street. Any decision by staff may be appealed to the Planning Commission as a “Reports and Recommendations” item. 9. That all new backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans and approved by the Water Engineering Department. 10. That all requests for new water services, fire hydrants, or fire lines, as well as any modifications, relocations, or abandonment’s of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 11. That since this project has a landscaping common area exceeding 2,500 square feet; a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. -4- PC2007-85 12. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). 13. That any required relocation of City electrical facilities shall be at the developer’s expense. 14. That plans shall be submitted to the Traffic and Transportation manager for his review and approval showing conformance with Engineering Standard No. 115 (10-foot radius curb returns for all driveways and sight distance visibility for the monument sign and wall location). 15. That any removal or relocation of any traffic signal equipment or any other related item to the traffic signal shall be at the developer’s expense if the project requires street widening or new/modification of the driveway. 16. That final elevation plans shall be submitted to the Planning Services Division for review. Said plans shall incorporate the use of stone material, detailed information pertaining to the materials and colors proposed, the quality and design of proposed lighting and the quality and design of trellises and canopies proposed. Any decision by staff may be appealed to the Planning Commission as a “Reports and Recommendations” item. The colors and materials of the building are subject to the approval of the Community Development Director. That vine pockets shall be incorporated into the east elevation to discourage graffiti. 17. That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down- lighted and directed away from nearby residential properties to protect the residential integrity of the area. Said information shall be specifically shown on the plans submitted for building permits. Light fixtures shall be subject to the approval of the Planning Director and Community Development Director. 18. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 19. That final landscape and fencing plans shall be submitted to the Planning Services Division for review and approval. Said plans shall show a minimum of twelve (12) trees, with a mixture of 24-inch and 36- inch box sizes along La Palma Avenue, shrubs, and groundcover within landscape setbacks. The landscape material selected shall be appropriate to the width of the planter area. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a “Reports and Recommendation” item. Such information shall be specifically shown on the plans submitted for building permits. Landscaping plans shall be subject to the approval by the Community Development Director. 20. That the applicant shall abandon any City of Anaheim public utilities easements that conflict with the proposed building footprint. 21. That a Lot Line Adjustment shall be submitted to the Public Works Department, Engineering Division, Development Services to adjust the property line. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of the Orange County Recorder. 22. That decorative hardscape patterns shall be installed at each driveway on La Palma Avenue and Brookhurst Street with a minimum depth of 5 feet. The color and pattern shall be subject to the approval of the Community Development Director. Said information shall be specifically shown on the plans submitted for building permits. -5- PC2007-85 Prior to issuance of grading permit or within a period of one (1) year whichever occurs first, the following conditions shall be complied with: 23. That the applicant must coordinate with the City of Anaheim design section regarding the ultimate location of the driveway approach. If the applicant fails to coordinate the location of the driveway approach, at developers cost, the City constructed driveway approach shall be removed and replaced with curb and gutter and a new driveway approach shall be constructed in the correct location. A right- of-way construction permit shall be obtained for work to be done in the City right-of-way. 24. That the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that: Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. Incorporates Treatment Control BMPs as defined in DAMP. Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. 25. That the applicant shall demonstrate that coverage has been obtained 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. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. 26. That the applicant shall obtain a demolition permit for demolition of existing structures. Prior to final building and zoning inspections the following conditions shall be complied with: 27. That prior to issuance of a certificate of occupancy, the applicant shall: Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 28. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 29. That subject 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 marked Exhibit Nos. 1 through 8, and as conditioned herein. -6- PC2007-85 General Conditions: 30. That no video, electronic or other amusement devices shall be permitted on the premises. 31. That all public phones shall be located inside the building. 32. That no outdoor vending machines that are visible to the public right-of-way shall be permitted on the property. 33. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick- up shall be paid by the business owner. 34. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 35. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 36. That 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 37. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 38. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim 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 charges related to the processing of this discretionary case application within 15 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 the revocation of the approval of this application. -7- PC2007-85 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 23, 2007. 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. (ORIGINAL SIGNED BY KELLY BUFFA) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on July 23, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES, ROMERO, VELASQUEZ IN WITNESS WHEREOF, I have hereunto set my hand this _________ day of ______________, 2007. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -8- PC2007-85 ßÌÌßÝØÓÛÒÌ ÒÑò ì Armet Davis Newlove, AIA Architects ïííð Ñ´§³°·½ Þ±«´»ª¿®¼ Í¿²¬¿ Ó±²·½¿ô Ýß çðìðìóíéîê Ð¸±²»æ íïðóìëîóëëíí Ú¿¨æ íïðóìëðóìéìî Í»°¬»³¾»® îëô îððè Î»æ Þ®±±µ¸«®¬ ¿²¼ Ô¿ Ð¿´³¿ ïò Î»¯«»¬ º±® »¨¬»²·±² ¬± ½±³°´§ ©·¬¸ ½±²¼·¬·±² ±º ¿°°®±ª¿´ ±º ÝËÐ îððé ðëîîêò îò Î»¯«»¬ º±® ëôððð ¯ò º¬ò ¾«·´¼·²¹ ©·¬¸ í ¬»²¿²¬ °¿½»ò íò Î»¯«»¬ º±® ÝËÐ ¬± ¿´´±© ½±²ª»²·»²½» ¬±®» «» º±® ¿°°®±¨·³¿¬»´§ îôìðð ¯ò º¬ò ±º ¬¸» °®±°±»¼ ëôððð ¯ò º¬ò ®»¬¿·´ ¾«·´¼·²¹ò Ö«¬·º·½¿¬·±² º±® ¬·³» »¨¬»²·±² ±º ÝËÐæ É¸»² ±®·¹·²¿´´§ ¿°°®±ª»¼ ÝËÐ îððé ðëîîê ¾«·´¼·²¹ Ý ©¿ ¬± ¾» ¿² ïôèðð ¯ò º¬ò ®»¬¿«®¿²¬ ¾«·´¼·²¹ ©·¬¸ ¿ ¼®·ª» ¬¸®« º±® ¿ ½±ºº»» ¸±°ô «½¸ ¿ Í¬¿®¾«½µò É·¬¸ ¬¸» ½¸¿²¹·²¹ »½±²±³·½ »²ª·®±²³»²¬ô ¬¸· ©¿ ²±¬ »½±²±³·½¿´´§ ª·¿¾´»ò ß ¿ ®»«´¬ô ©» ¿®» °®±°±·²¹ ¾«·´¼·²¹ þÝþ ¾» ¿ ëôððð ¯ò º¬ò ®»¬¿·´ ¾«·´¼·²¹ò É» ¿®» ®»¯«»¬·²¹ ¬·³» »¨¬»²·±² ¬± ÝËÐ îððé ðëîîê ¬± ¿´´±© º±® °®»°¿®¿¬·±² ±º ½±²¬®«½¬·±² ¼±½«³»²¬ ¿²¼ ±¾¬¿·²·²¹ ¿°°®±ª¿´ º®±³ ¬¸» Ð´¿²²·²¹ Ü»°¿®¬³»²¬ ¿²¼ ±¬¸»® Ý·¬§ ¿¹»²½·»ò ß¼¼·¬·±²¿´´§ô ©» ¿®» ®»¯«»¬·²¹ ¿² ¿³»²¼³»²¬ ¬± ÝËÐ îððé ðëîîê ¬± ¿´´±© ¿ ëôððð ¯ò º¬ò ®»¬¿·´ ¾«·´¼·²¹ ©·¬¸ í ¬»²¿²¬ ¿²¼ ¿ ½±²ª»²·»²¬ ¬±®»ò Ö«¬·º·½¿¬·±² º±® ÝËÐæ ßò Ì¸» °®±°±»¼ «» · ½±²·¬»²¬ ©·¬¸ »¨·¬·²¹ «» ±² ¬¸» °®±°»®¬§ô ¿²¼ · ¿´´±©»¼ ·² ½±³³»®½·¿´ ¦±²»ô ©¸·½¸ ¬¸· °®±°»®¬§ · ¦±²»¼ò Ì¸» °®±°±»¼ ¾«·´¼·²¹ ©·´´ ·²½±®°±®¿¬» ¿ °¿²·¸ ¬§´» ¿®½¸·¬»½¬«®¿´ º»¿¬«®» ·³·´¿® ¬± ¼»¬¿·´ ¿°°®±ª»¼ ·² ÝËÐ îððéò ß¼¼·¬·±²¿´´§ô ¬¸» ®»¿® »®ª·½» »²¬®·» ¸¿ª» ¾»»² ½®»»²»¼ô ¿ ¬¸»§ ½±«´¼ ¾» ª·»©»¼ ¾»¸·²¼ ¬¸» ¹¿ ¬¿¬·±²ò É¸»² ½±³°´»¬»¼ ¬¸» °®±°±»¼ ½»²¬»® ©·´´ ®»°´¿½» ¿² »¨·¬·²¹ ½»²¬»® ©·¬¸ ¿¼¼·¬·±²¿´ ½±²ª»²·»²¬ «» º±® ¬¸» «®®±«²¼·²¹ °®±°»®¬·» ¬¸¿¬ ©·´´ »²¸¿²½» ¿²¼ ¾»²»º·¬ ¬¸» ½±³³«²·¬§ò Þò Ì¸» °®±°±»¼ ·¬» · êèôëðð ¯ò º¬òô ©¸·½¸ ¬¸» °®±°±»¼ ¾«·´¼·²¹ ©·´´ ¾» ·¬«¿¬»¼ ·² ¬¸» Í±«¬¸ É»¬ °±®¬·±² ±º ¬¸» ´±¬ò Ì¸»®» ©·´´ ¾» ¿¼»¯«¿¬» °¿½» ¬± ¿´´±© º±® çî °¿®µ·²¹ °¿½» ¿²¼ ´¿²¼½¿°·²¹ ±² ·¬»ò Ì¸» ·¬» ´¿§±«¬ ©·´´ ¿´´±© º±® ¿ º®»» º´±© ±º ¬®¿ºº·½ ¿²¼ ¼®·ª»ó©¿§ ¿®» ·º¬»¼ ¿©¿§ º®±³ ¬®»»¬ ½±®²»® ¬± ³·²·³·¦» ¼»¬®·³»²¬ ¬± ¬¸» «®®±«²¼·²¹ ½±³³«²·¬§ò Ýò Ì¸» °®±°±»¼ «» ¿²¼ ¼»²·¬§ ±º ¬¸· °®±¶»½¬ · ·³·´¿® ¬± ¬¸» ¼»ª»´±°³»²¬ ±º «®®±«²¼·²¹ °®±°»®¬·»ô ± ¬¸» ¬®¿ºº·½ ·³°¿½¬ ©·´´ ¾» ³·²·³¿´ò ß¼¼·¬·±²¿´´§ô ¼®·ª»ó©¿§ ¿®» ¸·º¬»¼ º®±³ ¬¸» ½±®²»® ¿²¼ ¸¿ª» ´¿®¹» ¬¸®±¿¬ô ± ½¿® »²¬»®·²¹ ¬¸» ·¬» ©·´´ ²±¬ ¾¿½µ «° ±²¬± ¬¸» «®®±«²¼·²¹ ¬®»»¬ò Üò Ì¸» °®±°±»¼ ¼»ª»´±°³»²¬ ©·´´ °®±ª·¼» ®»¬¿·´ »®ª·½» ¬¸¿¬ ¾»²»º·¬ ¬¸» «®®±«²¼·²¹ ½±³³«²·¬§ò Ì¸» °®±¶»½¬ ©·´´ ½±²·¬ ±º «°¼¿¬·²¹ »¨·¬·²¹ ®»¬¿·´ ¾«·´¼·²¹ ¿²¼ ¬¸» ¿¼¼·¬·±² ±º î ²»© ®»¬¿·´ ¾«·´¼·²¹ ©·¬¸ °¿²·¸ ¬§´» ¿®½¸·¬»½¬«®»ò Ì¸· °®±¶»½¬ ©·´´ ²±¬ ¸¿®³ ¬¸» ¿º»¬§ ±® ©»´º¿®» ±º ¬¸» ½·¬·¦»² ±º ß²¿¸»·³ô ¿ ¬¸» ¾«·´¼·²¹ ©·´´ ¾» «°¼¿¬»¼ ¬± ³»»¬ ¬¸» ½«®®»²¬ ¾«·´¼·²¹ ½±¼» ¿²¼ ¼·¿¾´»¼ ¿½½» ½±¼»ò Ì¸» ²»© ´¿§±«¬ ±º °¿®µ·²¹ ©·´´ ¿´± ·²½®»¿» ¬¸» ¿º»¬§ ±² ·¬»ò p ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ñ½¬±¾»® ïíô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëíìî Ð«¾´·½ Ý±²ª»²·»²½» ±® Ò»½»·¬§ Ò±ò îððèóðððìç ¤ ¤ çï ëé ïîïï Ò±®¬¸ Ô¿ Þ®·¿ Í¬®»»¬ ïðêîì ×¬»³ Ò±ò é ÍÐçìóï Üß ï ÎÝÔ éðóéïóìé øîì÷ ÎÝÔ éðóéïóìê ÝËÐîððèóðëíìî ÐÝÒîððèóðððìç ×ÒÜò ÞË×ÔÜ×ÒÙ p ðëðïðð Ú»»¬ Ñ½¬±¾»® ïíô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëíìî Ð«¾´·½ Ý±²ª»²·»²½» ±® Ò»½»·¬§ Ò±ò îððèóðððìç ¤ ¤ çï ëé ïîïï Ò±®¬¸ Ô¿ Þ®·¿ Í¬®»»¬ ïðêîì ATTACHMENT NO. 1 PROJECT SUMMARY Conditional Use Permit No. 2008-05342 Determination of Public Convenience or Necessity No. 2008-00049 SP94-1 (DA1) Zone Development Standard Proposed Project Standards Site Area 0.22 acre N/A Maximum Structural Height Approx. 20 feet 60 feet Structural Setbacks North 0 feet 0 feet South 360 West 130 Adjacent to Las Brisas 8*10 Landscape Setbacks North 0 feet 0 feet South 00 West 00 Adjacent to Las Brisas 8*10 4.2 spaces (Office/Publishing)Office - 4 spaces/1,000 SF Required Parking 5.3 spaces (Wine Wine manufacturing - 1.55 manufacturing/tasting) spaces per 1,000 square feet 10 spaces total *Legal nonconforming building and landscape setback [DRAFT] ATTACHMENTNO.2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05342 (1211 NORTH LAS BRISAS) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit to permit a winery and tasting room with retail sales and on-premises consumption of alcoholic beverages 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, the applicant has requested approval of a conditional use permit to permit a winery and tasting room with retail sales and on-premises consumption of alcoholic beverages pursuant to Code Section 18.60of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 13, 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 a winery and tasting room with retail sales and on- premises consumption of alcoholic beverages is properly one for which a conditional use permit is authorized under Code Section 18.66.040.030 of the Anaheim Municipal Code; and 2. That the winery and tasting room, 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 winery is a use permitted by right in the industrial zone and the tasting room will be located within the winery. 3. That the size and shape of the site for the use is adequate to allow the winery and tasting room in a manner not detrimental to either the particular area or health and safety as conditioned, as the property meets all Code requirements and there is sufficient parking to provide for the use. 4. That the traffic generated by the use of the property as a winery and tasting room, as conditioned, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area 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. 6. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. -1- PC2008-*** WHEREAS, the proposed project falls within the definition of Categorical Exemptions, 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 does hereby approve Conditional Use Permit No. 2008-05342 subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. 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 this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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. 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 October 13, 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 -2- PC2008-*** ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 13, 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 -3- PC2008-*** EXHIBIT “A” CONDITIONAL USE PERMIT NO. 2008-05342 -4- PC2008-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2008-05342 Responsible for No.Conditions of Approval Monitoring TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS OR WITHIN A PERIOD OF ONE (1) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST 1That 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 marked Exhibit Nos. 1 and 2, and as conditioned herein. 2The applicant shall maintain on file an Emergency Listing Police Card, Form APD-281, with the Police Department. 3The business shall be equipped with a comprehensive Police security alarm system (silent or audible) for the perimeter building and access route protection and high valued storage areas. 4The applicant shall complete a Burglary/Robbery Alarm Police Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. GENERAL 5The wine manufacturing/tasting/bottling activity shall be Planning limited to a maximum of eight (8) patrons Monday through Friday from 8 a.m. to 5:30 p.m. and a maximum of 16 people Monday through Friday from 5:30 p.m. to 8 p.m., and 11 a.m. to 8 p.m. on Saturday and Sunday. 6There shall be no live entertainment, amplified music or Police dancing permitted on the premise without first obtaining an entertainment permit. 7The activities occurring in conjunction with the operation of Police this establishment shall not cause noise disturbance to surrounding properties. 8This CUP is for operation of a winery with accessory wine Police tasting and retail sales. Exchange of the ABC Type 2 Wine Manufacturing License shall require amendment to this permit. -5- PC2008-*** Responsible for No. Conditions of Approval Monitoring 9Rear 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. 10Adequate lighting of parking lots, shipping and receiving Police areas, driveways, circulation areas, and grounds contiguous to the building shall be provided with lighting of sufficient wattage to provide adequate illumination to clearly visible the presence of any person on or about the premises during the hours of darkness and provide a sage, secure environment for all persons, property and vehicles on-site. 11All exterior doors shall have their own light source, which Police 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. 12Trees should not be planted close enough to the structure to Police allow easy access to the roof, or should be kept trimmed to make climbing difficult. 13That there shall be no video, electronic or coin-operated Police games, or pool tables or other amusement devices maintained upon the premises at any time. 14The property shall be permanently maintained in an orderly Code 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. 15The hours of operation shall be consistent with the letter of Planning operation on file with the City of Anaheim Planning Department. 16That 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. -6- PC2008-*** [DRAFT]ATTACHMENT NO. 3 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING APPROVING A CATEGORICAL EXEMPTION, CLASS 1 AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00039 FOR A TYPE 02, WINEGROWER (WINERY) LICENSE (1211 NORTH LAS BRISAS) 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, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit retail sales and on- premises consumption of alcoholic beverages in conjunction with an application for a Conditional Use Permit to permit a winery and tasting room with retail sales and on-premises consumption of alcoholic beverages 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, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 13, 2008, notice of said public hearing having been duly given as required by Resolution No. 95R-134 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 determination of public convenience or necessity for an alcoholic beverage control license 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 - PC2008-*** 1. That the Northeast Area Specific Plan 94-1, Development Area 1 (SP94-1, DA1) zone permits the sale of wine for on-premises consumption within a winery as an unlisted use, pursuant to Section 18.66.040.030 of the Anaheim Municipal Code subject to the approval of a conditional use permit. 2. That California state law requires a Determination of Public Convenience or Necessity when property is located in a census tract with more on-sale alcohol licenses than allowed; 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 beer and wine does not adversely affect any adjoining land use or the growth and development of the surrounding area. 4. That subject property is located in Reporting District 1430, which has a crime rate of 72 percent below the City average and is also located in Census Tract 117.14 which permits one off-sale Alcoholic Beverage Control licenses and there are presently four licenses in the tract, and permits 1 on-premises sales and consumption license and currently there are 10 licenses existing. 5. That the Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations. 8. That wine sales for on-premises consumption will be in conjunction with the general wholesale sales of the proposed winery. The wine sales will provide a convenience to patrons visiting the winery and selecting wine for purchase. Therefore, the requested on-sale license will not be detrimental to the area provided that restrictions on the sales of wine are included in the approval. 9. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, 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 does hereby approve the Determination of Public Convenience or Necessity No. 2008-00049 subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of - 2 - PC2008-*** the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. 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 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 findings hereinabove set forth. 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 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 the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 13, 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 - 3 - PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 13, 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 - 4 - PC2008-*** EXHIBIT “A” DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00049 - 5 - PC2008-*** EXHIBIT “B” DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00049 Responsible No.Conditions of Approval for Monitoring TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS OR WITHIN A PERIOD OF ONE (1) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST 1The 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 Planning Department Exhibit No. 1 and 2 and as conditioned herein. TIMING: GENERAL CONDITIONS No person under 21 years of age shall sell or be permitted to sell Police 2 wine. 3 No distilled spirits are allowed under this license. Police The parking lot of the premises shall be equipped with lighting Police of sufficient power to illuminate and make easily discernible the 4appearance and conduct of all persons on or about the parking lot. Additionally the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. There shall be no pool tables or amusement devices maintained Police 5upon the premises at any time unless the proper permits have been obtained from the City of Anaheim. There shall be no live entertainment, amplified music or dancing Police 6permitted on the premise without first obtaining an entertainment permit. The activities occurring in conjunction with the operation of this Police 7establishment shall not cause noise disturbance to surrounding properties. The subject alcohol license shall not be exchanged for a public Police premise (bar) type license nor shall the establishment be 8 operated as a public premise as defined in Section 23039 of the Business and Professions Code. 9The property shall be permanently maintained in an orderly Planning - 6 - PC2008-*** fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 10The hours of operation shall be consistent with the letter of Planning operation on file with the City of Anaheim Planning Department. Planning Extensions for further time to complete conditions of approval 11may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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, 12State 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. - 7 - PC2008-*** p ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ñ½¬±¾»® ïíô îððè Ý¿²§±² Ý¸«®½¸ ±º Ý¸®·¬ Ñºº Í·¬» Ð¿®µ·²¹ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëíìè ¤ çï Ý¿²§±² Ý¸«®½¸ ±º Ý¸®·¬æ èðçë Ý®§¬¿´ Ü®·ª» Ñºº·¬» Ð¿®µ·²¹æ èðíð Ý®§¬¿´ Ü®·ª»ô èðéë Ý®§¬¿´ Ü®·ª» ¿²¼ èðèð Ý®§¬¿´ Ü®·ª» ïðêîë ×¬»³ Ò±ò è × ïïðïù ÌÑ ÐËÔÔÓßÒ ÍÌÎÛÛÌ ÍÑËÌØÛÎÒ ÝßÔ×ÚÑÎÒß ÛÜ×ÍÑÒ ÝÑò ÛßÍÛÓÛÒÌ p ðëðïðð Ú»»¬ Ñ½¬±¾»® ïíô îððè Ý¿²§±² Ý¸«®½¸ ±º Ý¸®·¬ Ñºº Í·¬» Ð¿®µ·²¹ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëíìè ¤ çï Ý¿²§±² Ý¸«®½¸ ±º Ý¸®·¬æ èðçë Ý®§¬¿´ Ü®·ª» Ñºº·¬» Ð¿®µ·²¹æ èðíð Ý®§¬¿´ Ü®·ª»ô èðéë Ý®§¬¿´ Ü®·ª» ¿²¼ èðèð Ý®§¬¿´ Ü®·ª» ïðêîë ATTACHMENT NO. 1 PROJECT SUMMARY Conditional Use Permit No. 2008-05348 Development Standard Proposed Project Industrial Zone Standards Site Area 0.22 acre N/A Maximum Structural Height Approx. 30 feet 100 feet Structural Setbacks Interior 38 feet 0 feet Adjacent to Crystal Drive 1010 Landscape Setbacks Interior 0 feet 0 feet Adjacent to Crystal Drive 1010 34 spaces on-site 118 spaces required (29 Required Parking 97 spaces off-site) spaces/1,000 square feet of 131 spaces total assembly area) ßÌÌßÝØÓÛÒÌ ÒÑò î ïíï [DRAFT] ATTACHMENTNO.3 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05348 WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES (8030, 8075, 8080, 8095 EAST CRYSTAL DRIVE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for a church with an off-site parking area 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 proposed for the church is developed with an industrial building located in the Industrial zone, the properties to be used for off-site parking are improved with industrial buildings and are also within the I zone and the Anaheim General Plan designates these properties for Industrial land uses; and WHEREAS, the proposed request to permit a church includes waiver of the following: SECTION 18.42.040.010Minimum required parking spaces. (118 spaces required; 34 spaces proposed on-site and 97 spaces proposed off-site) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 13, 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 hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That the church in the Industrial (I) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040 (Community and Religious Assembly). 2.That the church would not adversely affect the adjoining industrial land uses and the growth and development of the area in which it is proposed to be located because all activities would occur inside the building. 3.That the size and shape of the site for the church is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the -1- PC2008-*** health, safety and general welfare of the public because all activities would be limited to the inside of the building. 4.That the variance will not cause fewer off-street parking spaces to be provided for the proposed church than the number of spaces necessary to accommodate all vehicles for church congregants because additional off-street parking would be provided at 8030, 8075 and 8080 East Crystal Drive such that more parking than is required by Code would be available to the church. 5.That the results of the parking observations indicate that the businesses located at 8030, 8075 and 8080 East Crystal Drive do not utilize their respective parking lots during the church’s peak operating hours on Sundays. 6.That the traffic generated by the church would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the proposed church would operate at off-peak times and the church would not generate traffic greater than anticipated for streets and highways in the vicinity. 7.That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, 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. 2008-05348 subject to the following conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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. -2- PC2008-*** 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 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 the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 13, 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 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 13, 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 -3- PC2008-*** EXHIBIT “A” CONDITIONAL USE PERMIT NO. 2008-05348 -4- PC2008-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2008-05348 Responsible for No.Conditions of Approval Monitoring PRIOR TO ISSUANCE OF A BUILDING PERMIT, COMMENCEMENT OF USE OR ONE (1) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST That all property used for off-site parking shall be under 1Planning agreement approved as to form by the City Attorney. The City Attorney agreement shall be recorded in the Office of the County Recorder, and a recorded copy filed with the Planning Department and, further, shall specify the number and location of the off-site parking spaces and assure that the spaces shall be accessible and available at all times for parking in conjunction with the use for which the parking spaces are required. 2That rooftop address numbers for the police helicopter Planning shall be painted in a contrasting color to the roofing Police material. Numbers should be four feet in height, two feet in width and the numbers should be six inches thick and spaced 12-18 inches apart. The numbers shall face the street to which the property is addresses. 3That the business shall be equipped with an alarm system Police (silent or audible). Said information shall be shown on plans submitted for building permits. 4That fire lanes shall be posted “No Parking Any Time.” Traffic Engineering Said information shall be shown on plans submitted for building permits. 5That the subject property shall be developed substantially Planning in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department Exhibit Nos. 1 through 4 and as conditioned herein. 6That the applicant shall file Emergency Listing Card, Police Form APD-281, with the Police Department, available at the Police Department front counter. -5- PC2008-*** 7That the applicant shall complete a Burglary/Robbery Police Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. GENERAL CONDITIONS 8The hours of operation shall be consistent with the letter Planning of operation on file with the City of Anaheim Planning Department. Hours of operation may be expanded on Saturdays and Sundays provided that prior to any change in operation, the applicant shall submit an amended letter of operation and adequate parking continues to be available for the other on-site uses. Expanded hours of operation shall be subject to approval of the Planning Director. 9That ongoing during business operations, no parking area Traffic Engineering shall be fenced off or otherwise enclosed for outdoor storage areas. 10That all church activities shall be conducted indoors. Planning 11That any amendment to, or termination of, the recorded Planning parking agreements shall require the prior written consent City Attorney of the City. Alternative parking must be acquired to provide Code required parking. 12That approval of this application constitutes approval of Planning the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 13That extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 14That timing for compliance with conditions of approval Planning 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -6- PC2008-***