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PC 2010/08/02H:\TOOLS\PC Admin\PC Agendas\(080210).doc City of Anaheim Planning Commission Agenda Monday, August 2, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Stephen Faessel • Chairman Pro-Tempore: Peter Agarwal • Commissioners: Todd Ament, Joseph Karaki, Harry Persaud Victoria Ramirez, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Commission Updates • Discussion • Adjournment 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. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, July 29, 2010, after 5:00 p.m. 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. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 08/02/10 Page 2 of 10 Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City 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 1A Receiving and approving the Minutes from the Planning Commission Meeting of June 21, 2010. These minutes have been provided to the Planning Commission and are available for review at the Planning Department. Motion 08/02/10 Page 3 of 10 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2000-04291A (DEV2010-00105) Owner: Nazimuddin Hashim PO Box 8196 Northridge, CA 91327 Applicant: Cheryl Clancy 2191 South Harbor Boulevard Anaheim, CA 92805 Location: 2191 South Harbor Boulevard The applicant requests to amend or delete conditions of approval pertaining to the type and manner of alcohol sales, hours of operation, meal service and provision of entertainment in an existing restaurant with alcohol sales for on-premises consumption. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Scott Koehm skoehm@anaheim.net 08/02/10 Page 4 of 10 ITEM NO. 3 AMENDMENT NO. 2 TO THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 (DAG2010-00003) (DEV2010-00110) Owner: Related Urban Sean O’nan 5515 East Deer Valley Drive Phoenix, AZ 85054 Related Urban Stephen F. Eimer 333 South Grand Avenue Los Angeles, CA 90071 Applicant: Prospera Hotels Ajesh Patel 333 City Boulevard West, Suite 1900 Orange, CA 92868 Location: The Anaheim GardenWalk project is approximately 29.1 acres and located between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. The applicant requests an amendment to Development Agreement No. 99-01, amending the construction commencement date for the hotels associated with the Anaheim GardenWalk project. Environmental Determination: CEQA Mitigated Negative Declaration (Previously Approved). Resolution No. ______ Project Planner: Della Herrick dherrick@anaheim.net 08/02/10 Page 5 of 10 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2010-05493 VARIANCE NO. 2010-04821 (DEV2010-00049) Owner: Anaheim Business Campus LLC Robert Hamra, Sr. 394 W est Cerritos Avenue Anaheim, CA 92805 Applicant: New Life Church of California Min Sok Kim 2121 W hispering Trail Irvine, CA 92602 Location: 232-240 West Cerritos Avenue The applicant proposes to establish a church within an existing business park with fewer spaces than required by code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities) Resolution No. ______ Project Planner: Della Herrick dherrick@anaheim.net 08/02/10 Page 6 of 10 ITEM NO. 5 CONDITIONAL USE PERMIT NO. 4023C (DEV2010-00094) Owner: Kee Whan Ha 3240 Wilshire Boulevard #592 Los Angeles, CA 90010 Applicant: Isidra Cervantes 1212 North Lewellyn Avenue Anaheim, CA 92801 Location: 837 East Orangethorpe Avenue The applicant proposes to amend or delete a condition of approval pertaining to a time limitation for an automotive repair facility and to amend a condition of approval pertaining to the total number of employees. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net 08/02/10 Page 7 of 10 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2006-05121B (DEV2010-00039) Owner: Living Stream, Inc. 2431 West La Palma Avenue Anaheim, CA 92801 Applicant: Phillip Schwartze The PRS Group 3187 San Juan Creek Circle San Juan Capistrano, CA 92675 Location: 2411 West La Palma Avenue The applicant requests to amend a previously-approved conditional use permit to allow a private nursing and health care vocational college. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Continued from the June 7 and July 19, 2010 Planning Commission Meetings. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net 08/02/10 Page 8 of 10 ITEM NO. 7 RECLASSIFICATION NO. 2010-00239 ZONING CODE AMENDMENT NO. 2010-00091 CONDITIONAL USE PERMIT NO. 767A VARIANCE NO. 2010-04820 (DEV2010-00067) Owner: Krawiec, Martin Trust / Oliver G. Baker Trust Pacific Sunset Estates 1247 East Chapman Avenue Fullerton, CA 92831 Applicant: Larry McDermott 18075 La Ventana Murrieta, CA 92562 Location: 147 & 211 South Beach Boulevard The applicant proposes to rezone this property to add the Mobile Home Park (MHP) Overlay zone to its existing Transition (T) zone designation; amend the zoning code to permit manufactured homes within the Mobile Home Park Overlay zone and modify the definition of Mobile Home Park; amend a previously-approved conditional use permit to add 14 manufactured homes to an existing mobile home park (for a total of 150 mobile and manufactured homes); and allow a smaller front yard setback than permitted by code. Environmental Determination: A Negative Declaration has been determined to serve as the appropriate environmental documentation for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Resolution No. ______ Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net Adjourn to Monday, August 16, 2010 at 5:00 p.m. 08/02/10 Page 9 of 10 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. July 28, 2010_ (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 08/02/10 Page 10 of 10 S C H E D U L E 2010 August 16 August 30 September 13 September 27 October 11 October 25 November 8 November 22 December 6 December 20 SP 92-2 DA1 DEV 2010-00105 VACANT RESTAURANT SP 92-2 DA1 TACO BELL RM-4 HOLIDAY HARBOR APTS 74 DURM-4 WILLOW TREE APTS 16 DU SP 92-2 DA1 JACK IN THE BOX RESTAURANT RM-4 CARIBBEAN COVE APARTMENTS 240 DU RM-4 APTS 8 DU RM-4 APTS 8 DU SP 92-2 DA1 RETAIL SP 92-2 DA1 BUDGET RENT A CAR SP 92-2 DA1 HACIENDA INN & SUITES SP 92-2 (MU) DA1 VACANT BLDG. RM-4 TRADEWIND APTS 16 DU SP 92-2 DA1 RETAIL RM-4 POOLSIDE APTS 16 DU SP 92-2 DA1 ANAHEIM CARRIAGE INN SP 92-2 DA1 VAGABOND EXECUTIVE INN C-G FOURPLEX SP 92-2 DA1 QUALITY INN MAINGATE RM-4 HARBOR CLIFF APARTMENTS 130 UNITS 8 DU SP 92-2 DA1 RAMADA LIMITED SUITES SP 92-2 DA1 ANAHEIM OVERNITE TRAILER PARK SP 92-2 DA1 RENT FOR LESS SP 92-2 DA1 MEDICAL OFFICE SP 92-2 DA1 COMFORT INN MAINGATE ||98'CITY OF GARDEN GROVE BOUNDARYCITY OF ANAHEIM BOUNDARYCITY OF GARDEN GROVE BOUNDARYCITY OF ANAHEIM BOUNDARY||232'S HARBOR BLVDS MALLUL DRW WILKEN WAY W YUCCA AVE S SAGE STS ACAMA STW SIMMONS AVE W CLIFFWOOD AVE S DOWNING STW CLIFFWOOD AVE W. KATELLA AVE S. WEST STS. NINTH STW. ORANGEWOOD AVE S. HASTER STW. CHAPMAN AVE E. KATELLA AVE E. CHAPMAN AVES. LEWIS ST109882191 South Harbor Boulevard DEV2010-00105 Subject Property APN: 137-113-11 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009S MALLUL DR S HARBOR BLVDS MALLUL DRW WILKEN WAY W YUCCA AVE S SAGE STS ACAMA STW SIMMONS AVE W CLIFFWOOD AVE S DOWNING STW CLIFFWOOD AVE W. KATELLA AVE S. WEST STS. NINTH STW. ORANGEWOOD AVE S. HASTER STW. CHAPMAN AVE E. KATELLA AVE E. CHAPMAN AVES. LEWIS ST109882191 South Harbor Boulevard DEV2010-00105 Subject Property APN: 137-113-11 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009CITY OF GARDEN GROVE BOUNDARYCITY OF ANAHEIM BOUNDARYS MALLUL DRCITY OF GARDEN GROVE BOUNDARYCITY OF ANAHEIM BOUNDARY [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2000-04291 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2000-141 (TRACKING NOS. CUP2000-04291A AND DEV2010-00105) (2191 SOUTH HARBOR BOULEVARD) WHEREAS, on December 18, 2000, the Anaheim City Planning Commission, by its Resolution No. PC2000-141, did approve Conditional Use Permit No. 2000-04291 to permit on- premises sale and consumption of beer and wine in a freestanding restaurant with fewer parking spaces than required by Code, for that certain real property situated in the City of Anaheim, County of Orange, State of California, as particularly shown on Exhibit “A”, attached hereto and incorporated herein by this reference (the "subject property"); and WHEREAS, the subject property is developed with a restaurant in the SP92-2 (Anaheim Resort Specific Plan) zone. The adjacent parcels to the north, south, and east are located in the SP92-2 (Anaheim Resort Specific Plan) zone, the property to the west is located in the RM-4 (Multiple Family Residential) zone and the Anaheim General Plan Land Use Element designates the property for Commercial Recreation land uses; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 2000-04291, to delete or modify conditions of approval pertaining to the type and manner of alcohol sales, hours of operation, meal service and provision of entertainment (designated as “CUP2000-04291A”); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 2, 2010, at 5:00 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 Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for an amendment to the conditional use permit, does find and determine the following facts: 1. The request to amend the permit for an existing restaurant is properly one for which a conditional use permit is authorized under Code Section No. 18.56.030.030 (Modification of a Legal Nonconforming Use) of the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the existing full service restaurant has been operating in conformance with all conditions of approval and there are no outstanding Code Enforcement violations associated with the subject restaurant. - 2 - PC2010-*** 3. The size and shape of the site for the restaurant use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the property is large enough to accommodate the use on the site. 4. The traffic generated by the restaurant use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the property is large enough to accommodate the restaurant use on the site. 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 City Planning Commission, for the reasons hereinabove stated, does hereby approve the amendment of Conditional Use Permit No. 2000-04291 pertaining to the type and manner of alcohol sales, hours of operation, meal service and provision of entertainment for an existing full service restaurant for the property located at 2191 South Harbor Boulevard, as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2000-141, adopted in connection with Conditional Use Permit No. 2000-04291 to read as shown in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 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 to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. PC2000-141, approving Conditional Use Permit No. 2000-04291, shall remain in full force and effect. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any p art 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. - 3 - PC2010-*** BE IT FURTHER RESOLVED 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 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 August 2, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 2, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of August, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** - 5 - PC2010-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2000-04291 (TRACKING NOS. CUP2000-04291A AND DEV2010-00105) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 That this establishment be operated as a “bona fide public eating place” as defined by Section 23038 of the California Business and Professions Code. Planning 2 Food service with a full meal shall be available from opening time until 10:00 p.m. on each day of operation. Planning 3 The subject alcoholic beverage license shall not be exchanged for a “public premise” (bar) type license nor shall the establishment be operated as a “public premise” as defined in Section 23039 of the California Business and Professions Code. Planning 4 The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection any City of Anaheim official when requested. Code Enforcement 5 There shall be no live entertainment, amplified music or dancing permitted on the premises at any time without the prior issuance of proper permits as required by the Anaheim Municipal Code. Planning 6 That the sale of beer and wine or distilled spirits for consumption off the premises shall be prohibited, except for catered events licensed by the Department of Alcoholic Beverage Control. Planning 7 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within the building, promoting or indicating the availability of alcoholic beverages. Planning 8 The parking lot of the premises shall be equipped with lighting of a sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonable illuminate the windows of nearby residences. Police - 6 - PC2010-*** 9 The business operator shall comply with Section 242200.5 of the Business and Professions Code so as not to employ nor permit any person to solicit or encourage other, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary or other profit-sharing plan, scheme or conspiracy. Police 10 All doors serving the subject restaurant shall conform to the requirements of the Uniform Fire Code, and shall be kept closed and unlocked at all times during hours of operation except for ingress and egress, to permit deliveries and in cases if emergency. Fire 11 The outdoor dining area shall be completely enclosed by fencing or such other permanent structure as approved by the City of Anaheim, at least forty (40) inches in height, into which entry is only possible from the interior of the business premises. Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons/employees other than in an emergency. Fire 12 There shall be no direct pedestrian access to the outdoor dining area from outside the building. All access to this area shall be solely through the restaurant. Planning 13 The daily hours of operation for the restaurant shall be limited to 6:00 a.m. to 2:00 a.m., seven days per week. Planning 14 Three (3) foot high street address numbers shall be displayed on the roof of the building in a color contrasting to the roof material. The numbers shall not be visible to the street or adjacent properties. Building 15 Plan shall be submitted to the City Traffic and Transportation manager for review and approval showing conformance with the most current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works 16 All existing water service shall conform to current Water Utility Standards. Any existing water services that are not approved by the Public Utilities Department for continued use shall be upgraded to current standards, or abandoned by the developer. If the existing services are no longer needed, they shall be abandoned by the developer. Public Utilities 17 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. Public Works - 7 - PC2010-*** 18 An onsite trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 475 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Public Works 19 There shall be no advertising on the umbrellas or any other outdoor dining furniture. Planning 20 The property shall be permanently maintained in an orderly fashion through the provision of regular maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. Code Enforcem ent 21 Signage shall be limited to one (1) monument sign and one (1) wall sign above the main entrance on the east building elevation facing Harbor Boulevard, as shown on Exhibit Nos. 1, 6 and 7 submitted by the applicant and on file in the Planning Department. Any additional signs shall be submitted to the Planning Services Division for review and approval by Planning Department staff. Planning 22 The subject property shall be developed substantially in accordance with plans and specification submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 7, and as conditioned herein on file with Case No. DEV2010-00105. Planning 23 Approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 ATTACHMENT NO. 7 ATTACHMENT NO. 8 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. SP 92-1 DEV 2010-00110 GARDENWALK SP 92-1 DA3A SOUTHERN CALIFORNIA EDISON CO. EASEMENT SP 92-1 DA1 7-11 MARKET SP 92-2 DA1 IHOP SP 92-1 DA5 ANAHEIM PLAZA HOTEL SP 92-2 DA1 VACANT SP 92-1 DA3A FIRE STATION SP 92-2 DA1 RAMADA MAINGATE SP 92-1 DA3A SOUTHERN CALIFORNIA EDISON CO. EASEMENT SP 92-2 DA1 CASTLE INN & SUITES SP 92-1 DA4 PARKING LOT SP 92-2 DA1 RAMADA PLAZA HOTEL ANAHEIM RESORT SP 92-2 DA1 VACANT SP 92-1 DA1 CANDY CANE INN SP 92-2 DA1 ANAHEIM RESORT RETAIL CENTER SP 92-2 DA1 PORTOFINO INN & SUITES SP 92-2 DA1 ZABY'S MOTOR LODGE SP 92-1 DA5 ANAHEIM PLAZA HOTEL SP 92-2 DA1 VACANT SP 92-2 DA1 SUPER 8 MOTEL SP 92-1 DA3A PARKING LOT SP 92-1 DA4 PARKING LOTISLANDERINN &SUITESSP 92-2 DA1 VACANT SP 92-1 DA1 CALIFORNIA ADVENTURE SP 92-1 DA1 CALIFORNIA ADVENTURE SP 92-1 DA1 CALIFORNIA ADVENTURE RIVIERAMOTELLITTLE BOYBLUE MOTELW KATELLA AVES HARBOR BLVDW DISNEY WAY S CLEMENTINE STS CLEMENTINE ST5 W. KATELLA AVE S. HARBOR BLVDS. LEWIS STW. ORANGEWOOD AVES. WALNUT STS. NINTH STS. ANAHEIM BLVDS . MA NCHE S T E R A V E E. KATELLA AVE S. HASTER STS. CLEMENTINE ST10987321 West Katella Avenue - Anaheim Gardenwalk DEV2010-00110 Subject Property ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 APNs: 082-551-07 082-551-02 082-551-04 082-551-03 082-271-09 082-551-11 082-551-01 082-271-10 082-551-05 082-551-06 082-551-08 082-551-10 W KATELLA AVES HARBOR BLVDW DISNEY WAY S CLEMENTINE STS CLEMENTINE ST5 W. KATELLA AVE S. HARBOR BLVDS. LEWIS STW. ORANGEWOOD AVES. WALNUT STS. NINTH STS. ANAHEIM BLVDS . MA NCHE S T E R A V E E. KATELLA AVE S. HASTER STS. CLEMENTINE ST10987321 West Katella Avenue - Anaheim Gardenwalk DEV2010-00110 Subject Property ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 APNs: 082-551-07 082-551-02 082-551-04 082-551-03 082-271-09 082-551-11 082-551-01 082-271-10 082-551-05 082-551-06 082-551-08 082-551-10 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THE PREVIOUSLY-APPROVED MITIGATED NEGATIVE DECLARATION SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENT NO. 2 TO THE SECOND AMENDMEND AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 BY AND BETWEEN THE CITY OF ANAHEIM AND GARDENWALK HOTEL I, LLC WHEREAS, the City and Anaheim GW, LLC, a Delaware limited liability company, (the “Original Developer’) entered into that certain Second Amended and Restated Development Agreement No. 99-01 dated as of April 11, 2006 and recorded in the Official Records of Orange County California on June 2, 2006 as Instrument No. 2006000373943 (the “Development Agreement”). A copy of the Development Agreement is on file in the Office of the City Clerk of the City of Anaheim; and WHEREAS, the Original Developer assigned the Development Agreement with respect to the Parking Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to Anaheim GW II pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of January 31, 2007 and recorded in the Official Records of Orange County California on February 7, 2007 as Instrument No. 2007000092571; and WHEREAS, the Original Developer assigned, and GardenWalk Hotel assumed, the Development Agreement with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99- 01 dated as of July 19, 2007 and recorded in the Official Records of Orange County California on July 19, 2007 as Instrument No. 2007000453402; and WHEREAS, Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and the Vacation Ownership Resort to Westgate Resorts pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99- 01 dated as of February 29, 2008 and recorded in the Official Records of Orange County California on March 6, 2008 as Instrument No. 2008000105443; and WHEREAS, the Development Agreement addresses, among other things, the Developer’s construction of the Project phases, requiring that the Developer commence construction of the various Project Elements within certain time frames; and WHEREAS, GardenWalk Hotel and Westgate Resorts requested that the City amend the Development Agreement to (i) redefine Hotel No.1, Hotel No. 2 and Hotel No. 3 as one (1) Project Element consisting of two (2) Hotels ("Hotels 1 and 2") totaling approximately eight hundred sixty-six (866) Hotel Rooms in the aggregate, (ii) require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2011, and (iii) require the - 2 - PC2010-*** Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23, 2019; accordingly, the Development Agreement was amended by that certain Amendment No. 1 to Second Amended and Restated Development Agreement dated as of March 1, 2010, and recorded in the Official Records of Orange County California on July 19, 2010 as Instrument No. 2010000341657 by and between the City, on the one hand, and GardenWalk Hotel and Westgate Resorts, on the other hand ("Amendment No. 1"). A copy of Amendment No. 1 is on file in the Office of the City Clerk of the City of Anaheim; and WHEREAS, GardenWalk Hotel has requested that the City further amend the Development Agreement to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2013 ("Amendment No. 2"); and WHEREAS, the City and GardenWalk Hotel intend, in this Amendment No. 2, to amend said Development Agreement as set forth above; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 2, 2010 at 5:00 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 No. 2 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 and based upon all of the evidence and reports offered at said hearing, does find and determine that said amendment to Development Agreement meets the following standards set forth in the Procedures Resolution: 1. The Project is consistent with the City’s General Plan in that it is in conformance with the General Plan Commercial Recreation land use designation and with the goals, policies and objectives for The Disneyland Resort Specific Plan as set forth in the General Plan. 2. 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 Disneyland Resort Anaheim GardenWalk Overlay requirements. 3. The Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Disneyland Resort Specific Plan Land Use Plan and the Anaheim GardenWalk Overlay Zone requirements. 4. The Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. 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. - 3 - PC2010-*** 6. The amendment to the Development Agreement is entered into pursuant to and is in compliance with the City’s charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. WHEREAS, that the Planning Commission has reviewed the proposal and does hereby find that the previously-approved Mitigated Negative Declaration prepared in conjunction with the Development Agreement is adequate to serve as the required environmental documentation in connection with this request for an amendment to said agreement. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council approve Amendment No. 2 to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2013. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon GardenWalk Hotel's compliance with each and all of the conditions set forth in the Development Agreement, as amended. 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 August 2, 2010. 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 CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 2, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of August 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO:) ) City of Anaheim ) 200 South Anaheim Boulevard ) Anaheim, California 92805 ) Attention: City Manager ) This document is exempt from a recording fee pursuant to Government Code Section 6103. AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 By and Between THE CITY OF ANAHEIM and GARDENWALK HOTEL I, LLC ATTACHMENT NO. 3 2 AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 This AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 (this “Amendment No. 2”), dated for purposes of identification only as of July 1, 2010 (the “Date of this Amendment No. 1”), is made and entered into by and between the CITY OF ANAHEIM, a m u n i ci p al corp o ration an d chart er ci t y, (the “City”) and GARDENWALK HOTEL I, LLC, a C al i forn i a limited l i ab i l i t y co m p an y, (“GardenWalk Hotel”). RECITALS A.The City and Anaheim GW, LLC, a Delaware limited liability company, (the “Original Developer’) entered into that certain Second Amended and Restated Development Agreement No. 99-01 dated as of April 11, 2006 and recorded in the Official Records of Orange County California on June 2, 2006 as Instrument No. 2006000373943 (the “Development Agreement”) with respect to that certain real property described in the “Legal Descriptions” which are attached hereto as Exhibit A and incorporated herein by this reference. B.Unless otherwise defined in this Amendment No. 2, all capitalized terms shall have the meanings ascribed to such terms in the Development Agreement. 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. C.The Original Developer assigned the Development Agreement with respect to the Parking Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to Anaheim GW II, LLC, a Delaware limited liability company (“Anaheim GW II”) pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-1 dated as of January 31, 2007 and recorded in the Official Records of Orange County California on February 7, 2007 as Instrument No. 2007000092571. D.The Original Developer assigned, and GardenWalk Hotel assumed, the Development Agreement with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-1 dated as of July 19, 2007 and recorded in the Official Records of Orange County California on July 19, 2007 as Instrument No. 2007000453402. E.Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and the Vacation Ownership Resort to Westgate Resorts pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-1 3 dated as of February 29, 2008 and recorded in the Official Records of Orange County California on March 6, 2008 as Instrument No. 2008000105443. F.The Development Agreement addresses, among other things, the Developer’s construction of the Project phases, requiring that the Developer commence construction of the various Project Elements within certain time frames. G.GardenWalk Hotel and Westgate Resorts requested that the City amend the Development Agreement (i) to redefine Hotel No.1, Hotel No. 2 and Hotel No. 3 as one (1) Project Element consisting of two (2) Hotels (“Hotels 1 and 2") totaling approximately eight hundred sixty-six (866) Hotel Rooms in the aggregate, (ii) to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2011, and (iii) to require the Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23, 2019; accordingly, the Development Agreement was amended by that certain Amendment No. 1 to Second Amended and Restated Development Agreement dated as of March 1, 2010 and recorded in the Official Records of Orange County California on July 19, 2010 as Instrument No. 2010000341657 by and between the City, on the one hand, and GardenWalk Hotel and Westgate Resorts, on the other hand (“Amendment No. 1"). H.GardenWalk Hotel has requested that the City further amend the Development Agreement to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2013. I.The City and GardenWalk Hotel (each, a “Party” and jointly, the “Parties”) intend, in this Amendment No. 2, to further amend the Development Agreement as set forth in Recital H hereof. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: SECTION 1.AMENDMENT OF DEVELOPMENT AGREEMENT. The Development Assurances, originally set forth in paragraphs (c) of Section 3.1.1 of the Development Agreement and amended in Section 1.6 of Amendment No. 1, are deleted and replaced with the following: (c)The Developer shall Commence Construction of Hotels 1 and 2 on or before May 26, 2013 and shall Complete Construction and Open for Business no later than thirty-six (36) months after Commencement of Construction of Hotels 1 and 2. SECTION 2.CONDITIONS OF APPROVAL. To the extent any of the Conditions of Approval contain any deadlines for the Commencement of Construction of Hotels 1 and 2, such deadlines shall be extended to May 26, 2013. 4 SECTION 3.INTEGRATION. Except as expressly provided to the contrary herein, all provisions of the Development Agreement and Amendment No. 1 shall remain in full force and effect. The Development Agreement, Amendment No. 1 and this Amendment No. 1 shall hereinafter be collectively referred to as the “Agreement”. The Agreement integrates all of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof. SECTION 4.EFFECTIVE DATE. This Amendment No. 2 shall take effect upon the date the ordinance of the City Council of the City approving this Amendment No. 2 takes effect. 5 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT NO. 2 AS OF THE RESPECTIVE DATES SET FORTH BELOW. “CITY” CITY OF ANAHEIM, a municipal corporation and charter city Dated: By: CURT L. PRINGLE, Mayor ATTEST: LINDA N. ANDAL, CITY CLERK By: LINDA N. ANDAL APPROVED AS TO FORM: CRISTINA L. TALLEY, CITY ATTORNEY By: JOHN E. WOODHEAD IV Assistant City Attorney (Signatures continued on next page) 6 (Signatures continued from previous page) “DEVELOPER” GARDENWALK HOTEL I, LLC, a California limited liability company By:Prospera Properties III, LLC, a Delaware limited liability company Its:Managing Member By:Pacifica Hotels, LLC, a California limited liability company Its:Sole Member and Manager Dated: By: AJESH PATEL Its:Manager Dated: By: WILLIAM O’CONNELL Its:Manager 78012.1 State of California ) ) ss. County of ) On , , before me, (name, title of officer, e.g., Jane D oe, Notary Public") personally appeared , (name(s) of signer(s)) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer:(This section is OPTIONAL.) Q Individual Q Corporate Officer(s): Q Partner(s): Q General Q Limited Q Attorney-in-fact Q Trustee(s) Q Guardian/Conservator Q Other: Signer is representing: (name of person(s) or entity(ies)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Title or Type of Document: MUST BE ATTACHED TO THE DOCUMENT Number of Pages: Date of Document: DESCRIBED AT RIGHT:Signer(s) Other than Named Above: State of California ) ) ss. County of ) On , , before me, (name, title of officer, e.g., Jane D oe, Notary Public") personally appeared , (name(s) of signer(s)) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer:(This section is OPTIONAL.) Q Individual Q Corporate Officer(s): Q Partner(s): Q General Q Limited Q Attorney-in-fact Q Trustee(s) Q Guardian/Conservator Q Other: Signer is representing: (name of person(s) or entity(ies)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Title or Type of Document: MUST BE ATTACHED TO THE DOCUMENT Number of Pages: Date of Document: DESCRIBED AT RIGHT:Signer(s) Other than Named Above: State of California ) ) ss. County of ) On , , before me, (name, title of officer, e.g., Jane D oe, Notary Public") personally appeared , (name(s) of signer(s)) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. (Signature of Notary) Capacity claimed by signer:(This section is OPTIONAL.) Q Individual Q Corporate Officer(s): Q Partner(s): Q General Q Limited Q Attorney-in-fact Q Trustee(s) Q Guardian/Conservator Q Other: Signer is representing: (name of person(s) or entity(ies)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Title or Type of Document: MUST BE ATTACHED TO THE DOCUMENT Number of Pages: Date of Document: DESCRIBED AT RIGHT:Signer(s) Other than Named Above: Exhibit A - Page 1 EXHIBIT A LEGAL DESCRIPTIONS Melodyland Parcels: PARCEL A THE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY 1320.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 720.00 FEET. ALSO EXCEPT THE NORTH 60.00 FEET. PARCEL B THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY REORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16’ 30” EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1979 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST 486.49 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 453, OF OFFICIAL RECORDS; THENCE NORTH 675.00 FEET ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THE WEST 292.00 FEET THEREOF. Exhibit A - Page 2 ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF. Hasenyager Parcel: LOT 3 OF TRACT NO. 333O, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Zaby’s Parcel: LOTS 1 AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED JULY 30, 1997 AS INSTRUMENT NO. 97- 0359942, OFFICIAL RECORDS. Berger Parcel: LOTS 4 AND 5 OF TRACT NO. 333O, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Rist Parcel: PARCEL 1: THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF Exhibit A - Page 3 BEGINNING; THENCE SOUTH 0° 16’ 30” EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE G. J EWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING; EXCEPT THEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET; ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KATELLA AVENUE, 120 FEET WIDE. Parcel 2 THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16’ 30” EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA, BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED WITHIN KATELLA AVENUE, 120.00 FEET WIDE. ALSO EXCEPT THEREFROM THE NORTH 315 FEET. Exhibit A - Page 4 ALSO EXCEPT THEREFROM THE WEST 292 FEET. Ursini Parcel: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16’ 30”, EAST 675.11 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102 OF OFFICIAL RECORDS; THENCE NORTH 0° 16’ 30” WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND; THENCE EAST 150.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16’ 30” EAST, 360.00 FEET PARALLEL WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO JEWELL TO THE SOUTHERLY LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN FINAL ORDER OF CONDEMNATION DATED JANUARY 30, 1998, CASE NO. 782833 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO. 19980071981 OF OFFICIAL RECORDS. City Parcel: THE NORTHERLY 280.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 55, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Pyrovest Parcels: PARCEL 1: THE EAST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET Exhibit A - Page 5 OF THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT A POINT SOUTH 0° 13’ 22” EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13’ 22” EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54’ 30” EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13’ 22” WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54’ 38” EAST 38.66 FEET; THENCE NORTH 0° 13’ 22” WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 89° 54’ 30” WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07’ 52” A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. PARCEL 2: BEGINNING AT A POINT SOUTH 0° 13’ 22” EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13’ 22” EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54’ 30” EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13’ 22” WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54’ 38” EAST 38.66 FEET; THENCE NORTH 0° 13’ 22” WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 89° 54’ 30” WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07’ 52” A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. June 3, 2010 Sheri Vander Dussen City of Anaheim 200 S. Anaheim Blvd. Anaheim, CA 92805 Re: GardenWalk Hotel I, LLC Economic Assistance Agreement Extension Request Dear Sheri: I am writing in regards to the City Economic Assistance Agreement entered into on July 9, 2009 between the City of Anaheim and GardenWalk Hotel I, LLC. As you know, our group has been working on the GardenWalk Hotels development for over 4 years now. Due to a number of unforeseen circumstances within the past year, we are not going to be in position to fulfill some of the milestone dates in our Agreement and would like to request a 2-year extension on all major milestone dates highlighted in our Agreement, including those in Attachment No. 5 – Schedule of Performance. Sheri, the financial markets and overall economic climate remains extremely difficult for fundraising. We continue working with Lenders in the hopes of securing construction financing on our development, however, Lenders are still not providing loans for large construction projects like ours. Securing a loan of our size is extremely difficult because it requires a syndication and participation of at least 6 or 7 banks and getting that many Lenders to work together in today’s environment is extremely challenging. Also, the fact that the GardenWalk retail recently went into foreclosure and was taken over by Citigroup has not helped our cause. This has made our task of trying to secure funding even more challenging, due to the constant press and on-going uncertainty around the future of the GardenWalk retail development. Please let me know what further information you may require in order to proceed with our request for an extension. I hope you understand our difficult position and realize that we are working hard to try and bring this project to fruition. We remain committed to this development project and hope to be able to move forward once the construction financing markets recover. I look forward to hearing from you soon and again, thank you for your assistance in this matter. Sincerely, Ajesh A. Patel ATTACHMENT NO. 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Anaheim 200 South Anaheim Boulevard Anaheim, California 92805 Attention: City Manager This Document ~as electrq.n~t {jf§lJ!fIP. "y G.A. City of Anafie.fii- Recorded in Official Records, Orange County Tom Daly, Clerk.Recorder 11111111111111111111111111111111111111111111111111111111111111111 N 0 FEE 37402 A17 17 201000034165701 :34pm 07/19/10 ) 0.00 0.00 0.00 0.00 48.00 0.00 0.00 0.00 ) ) ) ) ) ) This document is exempt from a recording fcc pursuant to Government Code Section 6103. AMENDMENT NO.1 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 By and Between THE CITY OF ANAHEIM, on one hand and GARDENWALK HOTEL I, LLC and WESTGATE RESORTS ANAHEIM LLC, on the other hand ATTACHMENT NO. 5 AMENDMENT NO.1 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 This AMENDMENT NO.1 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 (this "Amendment No.1"), dated for purposes of identification only as of March 1,2010 (the "Date of this Amendment No. I"), is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation and charter city, (the "City"), on one hand, and GARDENWALK HOTEL I, LLC, a California limited liability company, ("GardenWalk Hotel"), and WESTGATE RESORTS ANAHEIM LLC, a Florida limited liability company ("Westgate Resorts"), on the other hand, (each, an "Individual Developer" and jointly, the "Developer"). RECITALS A. The City and Anaheim GW, LLC, a Delaware limited liability company, (the "Original Developer') entered into that certain Second Amended and Restated Development Agreement No. 99-01 dated as of April II, 2006 and recorded in the Official Records of Orange County California on June 2, 2006 as Instrument No. 2006000373943 (the "Development Agreement") with respect to that certain real property described in the "Legal Descriptions" which are attached hereto as Exhibit A and incorporated herein by this reference. B. Unless otherwise defined in this Amendment No. I, all capitalized terms shall have the meanings ascribed to such terms in the Development Agreement. 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. C. The Original Developer assigned the Development Agreement with respect to the Parking Structure No. I, Retail No.1 and Vacation Ownership Resort No.1 to Anaheim OW II, LLC, a Delaware limited liability company ("Anaheim OW II") pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-1 dated as of January 31,2007 and recorded in the Official Records of Orange County California on February 7,2007 as Instrument No. 2007000092571. D. The Original Developer assigned, and GardenWalk Hotel assumed, the Development Agreement with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-1 dated as of July 19, 2007 and recorded in the Official Records of Orange County California on July 19,2007 as Instrument No. 2007000453402. 2 E. Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and the Vacation Ownership Resort to Westgate Resorts pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-1 dated as of February 29,2008 and recorded in the Official Records of Orange County California on March 6, 2008 as Instrument No. 2008000105443. F. The Development Agreement addresses, among other things, the Developer's construction of the Project phases, requiring that the Developer commence construction of the various Project Elements within certain time frames. G. GardenWalk Hotel and Westgate Resorts have requested that the City amend the Development Agreement (i) to redefine Hotel No.1, Hotel No.2 and Hotel No.3 as one (1) Project Element consisting of two (2) Hotels (hereinafter redefined as Hotels 1 and 2) totaling approximately eight hundred sixty-six (866) Hotel Rooms in the aggregate, (ii) to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2011, and (iii) to require the Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23, 2019. H. The City, GardenWalk Hotel and Westgate Resorts (each, a "Party" and collectively, the "Parties") intend, in this Amendment No.1, to amend the Development Agreement as set forth in Recital G hereof NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: SECTION 1. AMENDMENT OF DEVELOPMENT AGREEMENT. The Development Agreement is amended as set forth in this Section. 1.1 Definition of Hotel 1. The Definition of Hotel 1, set forth in Section 1.32 of the Development Agreement, is deleted and replaced with the following: 1.32 "Hotels 1 and 2" means those two (2) certain Hotels containing approximately four hundred (400) Hotel Rooms and four hundred sixty-six (466) Hotel Rooms to be constructed as one (1) Project Element by the Developer in accordance with the Existing Approvals in the locations shown on the Site Map. Hotels 1 and 2 shall not be Vacation Ownership Resorts. 1.2 Definition of Hotel 2. The Definition of Hotel 2, set forth in Section 1.33 of the Development Agreement, is deleted and replaced with the following: 1.33 INTENTIONALLY OMITTED. 1.3 Definition of Hotel 3. The Definition of Hotel 2, set forth in Section 1.34 of the 3 Development Agreement, is deleted and replaced with the following: 1.34 INTENTIONALLY OMITTED. 1.4 Definition of Project Elements. The Definition of Project Element(s), set forth in Section 1.63 of the Development Agreement, is deleted and replaced with the following: 1.63 "Project Element(s)" means the specific land uses permitted by the Existing Approvals and other accessory uses, infrastructure improvements and private or public facilities contained in the Existing Approvals and as shown on the Site Map as Retail No.1, Retail No.2, Parking Structure No.1, Parking Structure No.2, Vacation Ownership Resort No.1, Vacation Ownership Resort No.2, Hotels 1 and 2, and Hotel 4. 1.5 Site Map. The Site Map, attached to the Development Agreement as Exhibit A, is deleted and replaced with the Site Map attached hereto as Attachment No. 1 and incorporated herein by this reference. 1.6 Development Assurances. The Development Assurances, set forth in paragraphs (c) and (d) of Section 3.1.1 of the Development Agreement, are deleted and replaced with the following: (c) The Developer shall Commence Construction of Hotels 1 and 2 on or before May 26, 2011 and shall Complete Construction and Open for Business no later than thirty-six (36) months after Commencement of Construction of Hotels 1 and 2. (d) The Developer shall Commence Construction of Vacation Ownership Resort No.1 on or before March 23, 2019 and shall Complete Construction and Open for Business no later than twenty-four (24) months after Commencement of Construction of Vacation Ownership Resort No.1. SECTION 2. CONDITIONS OF APPROVAL. 2.1 Conditions of Approval Relating to Hotels 1 and 2. To the extent any of the Conditions of Approval contain any deadlines for the Commencement of Construction of Hotels 1 and 2, such deadlines shall be extended to May 26, 2011. 2.2 Conditions of Approval Relating to Vacation Ownership Resort No. 1. To the extent any of the Conditions of Approval contain any deadlines for the Commencement of Construction of Vacation Ownership Resort No.1, such deadlines shall be extended to March 23,2019. The amendment of the Development Assurances set forth in Section 1.6 of this Amendment No.1 as those amendments relate to Section 3.1.1 (d) of the Development Agreement and the amendment of the Conditions of Approval set forth in 4 the preceding sentence of this Section 2.2 are hereby subject to the following conditions: On or before June 14,2010, Westgate Resorts shall submit to the City a screening plan for the exposed rebar on the upper deck of Parking Structure No.1 which is visible from the ground consisting of painted plywood secured to such upper deck and generally consistent with the screening existing on the southerly edge of upper deck as of the Date of this Amendment No.1 (the "Screening Plan") for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. On or before September 30,2010, Westgate Resorts shall implement the City-approved Screening Plan. SECTION 3. DEFAULTS. Any Default under the Development Agreement, as amended by this Amendment No.1, by any Individual Developer shall not affect in any way the rights of any other Individual Developer with respect to the Development Agreement, as amended by this Amendment No.1. 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 agreement between the Parties and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof SECTION 5. EFFECTIVE DATE. This Amendment No.1 shall take effect upon the date the ordinance of the City Council of the City approving this Amendment No.1 takes effect. 5 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT NO.1 AS OF THE RESPECTIVE DATES SET FORTH BELOW. "CITY" Dated: __ b_h_l}..._z.....;./_,_o __ By: ---L~~~--I-~V----- Mayor ATTEST: " Assistant City Attorney ~ (Signatures continued on next page) 6 (Signatures continued from previous page) Dated: --'.,.<I+-,I ~~:t~II-=-o __ _ I I ,J t ~7'IO Dated: __ :L..L-_r?-_____ _ 75982.4 "DEVELOPER" GARDENWALK HOTEL I, LLC, a California limited liability company By: Prospera Properties III, LLC, a Delaware limited liability company Its: Managing Member By: Pacifica Hotels, LLC, a California limited liability company Its: Sole Member By: AJ Manager fL{)~~u ... /J// WILLIAM O'C~ Its: By: Its: Manager WESTGATE RESORTS ANAHEIM LLC, a Florida limited liability company 7 By: Westgate Resorts, Inc., a Florida corporation Its: Manager By: DA VID A. SIEGAL, President State of California County of Orange ) ) ss. ) On April 27, 2010 before me Sandra Cordova, tbtary Public ,-----, ,------------------------------------ (name, title of officer, e.g., Jane Doe, Notary Public ") personally appeared __ WI_LLIAM ___ O_' OJ_lNNELL ____________________ _ (name(s) of signer(s)) wh, 0 proved to me on the basis of satisfactory evidence to be the ~n(s) whose name(~e eribed to the within instrument and aclmowled ed to me th~he/they executed the same in his/ r/their authorized capacity/ies, and that hislH r/their signature(s) on the instrument the person(s), r the entity upon behalf of which person(s) acte ,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. SANDRA CORDOVA COMM #1746832 M 8 Notmy Public-California ~ (---. (\ ORANGE COUNTY IL. '. /~ G-9-,-~3----- My C o III Ill. E\pires JUIl 19,2011 =====--- ---(Signature of Notary) Capacity claimed by signer: (This section is OPTIONAL.) 0 Individual 0 Corporate Officer(s): 0 Partner(s): o General o Limited 0 Attorney-in-fact 0 Trustee(s) 0 Guardian/Conservator 0 Other: Signer is representing: (name ofperson(s) or entitY(ies» Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document: Number of Pages: Date of Document: _____ __ Signer(s) Other than Named Above: __________ _ State of California ) ) ss. County of Orange ) On April 27, 2010before me Sandra Cordova, Notary Public ,-----, ,------------------------------------ (name, title of officer, e.g., Jane Doe, Notary Public") AJESH PATEL personally appeared __________________________________________________________ _ (name(s) of signer(s)) who proved to me on the basis of satisfactory evidence to be the person(s) whose nam~e ?-LI..bscribed to the within instrument and acknowl ed to me th@e/they executed the same in / hi$lher/their authorized capacity/ies, and that his er/their signature(s) on the instrument the person(s), Yr the entity upon behalf of which person(s) acte ,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. ~ . /\ \.~ __ ~~JL.--~~Notary) Capacity claimed by signer: (This section is OPTIONAL.) 0 Individual 0 Corporate Officer(s): 0 Partner(s): o General o Limited 0 Attorney-in-fact 0 Trustee(s) 0 Guardian/Conservator 0 Other: Signer is representing: (name ofperson(s) or entitY(ies)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document: Number of Pages: Date of Document: __________ __ Signer(s) Other than Named Above: __________ _ (Signatures continued from previous page) Dated: ________ _ 75982.4 "DEVELOPER" GARDENWALK HOTEL I, LLC, a California limited liability company By: Prospera Properties ill, LLC, a Delaware limited liability company Its: Managing Member By: Pacifica Hotels, LLC, a California limited liability company Its: Sole Member and Manager AJESHPATEL Its: Manager By: WILLIAM O'CONNELL Its: Manager WESTGATE RESORTS ANAHEIM LLC, a Florida limited liability company By: Its: President 7 - r=:1o~~~ Stateof~ia ) ) ss. ) County of ~0 On ~~;~\ ~ ,~ ,before me, ~a..Na.. If· ~ruY-\'~O(fj)~ Qublu::' (name, title of officer, e.g., Jane Doe, Notary Public") personally appeared bc®c\ ~. ~n!:~)Signer(S}} , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. ~lcncl~ I certify under PENALTY OF PERJURY under the laws of the State of&liromia that the foregoing paragraph is true and correct. Witness my hand and official seal. +Q'~Y.~~% MARIA E. SAN11AaO * &~ .,. MY COMMISSION.DD_ ... ~.. EXPIRES: 0cI0Mr3t,.ta of/tOf",o.,fl BoIIdtdTlwIuqll,...., ..... Capacity claimed by signer: 0/ Individual I. \. 11 Corporate Officer(s): 1r!.Slc:!£r\T o Partner(s): o General 0 Limited o Attorney-in-fact ° Trustee(s) o Guardian/Conservator o Other: Signer is representing: (This section is OPTIONAL.) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document: Number of Pages: Date of Document: _____ _ Signer(s) Other than Named Above: _________ _ EXHIBIT A LEGAL DESCRIPTIONS Melodyland Parcels: PARCEL A THE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY 1320.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 720.00 FEET. ALSO EXCEPT THE NORTH 60.00 FEET. PARCELB THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY REORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1979 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST 486.49 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1,1958 IN BOOK 4521, PAGE 453, OF OFFICIAL RECORDS; THENCE NORTH 675.00 FEET ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THE WEST 292.00 FEET THEREOF. Exhibit A -Page 1 ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF. Hasenyager Parcel: LOT 3 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Zaby's Parcel: LOTS 1 AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED JULY 30, 1997 AS INSTRUMENT NO. 97- 0359942, OFFICIAL RECORDS. Berger Parcel: LOTS 4 AND 5 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Rist Parcel: PARCEL 1: THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF Exhibit A -Page 2 BEGINNING; THENCE SOUTH 0° 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING; EXCEPT THEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET; ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KA TELLA AVENUE, 120 FEET WIDE. Parcel 2 THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, N THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA, BY DEED RECORDED DECEMBER 1,1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED WITHIN KA TELLA AVENUE, 120.00 FEET WIDE. ALSO EXCEPT THEREFROM THE NORTH 315 FEET. Exhibit A -Page 3 ALSO EXCEPT THEREFROM THE WEST 292 FEET. Ursini Parcel: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30", EAST 675.11 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102 OF OFFICIAL RECORDS; THENCE NORTH 0° 16' 30" WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND; THENCE EAST 150.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30" EAST, 360.00 FEET PARALLEL WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO JEWELL TO THE SOUTHERLY LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN FINAL ORDER OF CONDEMNATION DATED JANUARY 30, 1998, CASE NO. 782833 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO. 19980071981 OF OFFICIAL RECORDS. City Parcel: THE NORTHERLY 280.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 55, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Pyrovest Parcels: PARCEL 1: THE EAST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET Exhibit A -Page 4 OF THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT A POINT SOUTH 0° 13' 22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89 0 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0 0 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET; THENCE NORTH 0° 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 89° 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. PARCEL 2: BEGINNING AT A POINT SOUTH 0 0 13' 22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET; THENCE NORTH 0° 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 89° 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 0 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. Exhibit A -Page 5 ATTACHMENT NO.1 SITE MAP (To be attached) Attachment No. 1 -Page 1 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net COUNCIL AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: APRIL 13,2010 FROM: PLANNING DEPARTMENT SUBJECT: AMENDMENT NO.1 TO THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 BETWEEN THE CITY OF ANAHEIM AND GW II, LLC, GARDENW ALK HOTEL I, LLC, AND WESTGATE RESORTS ANAHEIM, LLC ATTACHMENT (YIN): YES ITEM#23 RECOMMENDATION: That the City Council adopt the attached ordinance approving Amendment No.1 to the Second Amended and Restated Development Agreement No. 99-01. DISCUSSION: On March 23,2010, the City Council introduced an ordinance amending Development Agreement No. 99-01 between Prospera Hotels, Westgate Resorts and the City of Anaheim for the construction of up to 866 hotel rooms and up to 400 vacation ownership units. This amendment will change the terms of the agreement for commencement of construction of the hotel rooms from April 11, 2010 to May 26,2011 and commencement of construction for the vacation ownership units from 24 months after all hotel rooms are constructed to no later than March 23, 2019. At the March 23 meeting, Council expressed concerns regarding the appearance and condition of the exposed rebar on the roof of the Garden W alk parking structure. This rebar was installed to accommodate the future construction of the vacation ownership project above the parking structure. The City Council requested that language be added to the Development Agreement to ensure that this rebar is properly screened until construction of the vacation ownership project begins. Screening is currently used to conceal protruding rebar along the south side of the parking structure. This screening consists of wooden enclosures painted to match the exterior of the parking structure, effectively concealing the rebar when viewed from Katella Avenue. Staff believes that similar enclosures could be used to effectively screen the balance of the rebar that exists on the roof of the parking structure. In response to Council's request, language has been added to the Development Agreement requiring the developer to submit a screening plan to City staff for review and approval by June 14,2010, with such screening to be installed by September 30, 2010. This provision has been reviewed by representatives of Westgate Resorts, who have indicated their support. Staffbelieves that this added language effectively addresses Council's concerns. Should Westgate Resorts or a successor fail to comply with this screening obligation, it would not affect the time Development Agreement No. 99-01 April 13, 2010 Page 2 of2 extension granted to the hotel component. However, failure to install the screening in accordance with the added provisions could be considered a violation of the terms of the amended Development Agreement, which could ultimately result in additional action by the City, including further modification or termination of the Agreement. In addition to including the screening requirements, the Agreement has been modified to remove Anaheim GW II, LLC, as a signatory to this amendment. Anaheim GW II, LLC, is the entity responsible for constructing the retail concourse and parking structure that currently exist on site. Staff has determined that GW II, LLC, should not be a party to this amendment, as the retail concourse is not affected by this pending action and the developer of the vacation ownership component, Westgate Resorts, has agreed to accept responsibility for screening the rebar atop the parking structure. The ordinance requires a second reading and, if adopted, will become effective May 13, 2010. IMPACT ON BUDGET: There is no impact to the General Fund. Respectfully submitted, Sheri Vander Dussen Planning Director Attachments: 1. Ordinance 2. Amended Development Agreement 3. Amended Development Agreement (redlined) 4. City Council Staff Report (March 23,2010) ORDINANCE NO. 6167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING AMENDMENT NO. 1 TO THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 BY AND BETWEEN THE CITY OF ANAHEIM AND ANAHEIM GW II, LLC, GARDENWALK HOTEL I, LLC AND WESTGATE RESORTS ANAHEIM, LLC (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT FOR AND ON BEHALF OF THE CITY. WHEREAS, the City and Anaheim GW, LLC, a Delaware limited liability company, (the "Original Developer') entered into that certain Second Amended and Restated Development Agreement No. 99-01 dated as of April 11, 2006 and recorded in the Official Records of Orange County California on June 2, 2006 as Instrument No. 2006000373943 (the "Second Amended and Restated Development Agreement"); and WHEREAS, the Original Developer assigned the Second Amended and Restated Development Agreement with respect to the Parking Structure No.1, Retail No.1 and Vacation Ownership Resort No. 1 to Anaheim GW II pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of January 31, 2007 and recorded in the Official Records of Orange County California on February 7, 2007 as Instrument No. 2007000092571; and WHEREAS, the Original Developer assigned, and Garden Walk Hotel assumed, the Second Amended and Restated Development Agreement with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of July 19, 2007 and recorded in the Official Records of Orange County California on July 19,2007 as Instrument No. 2007000453402; and WHEREAS, Anaheim GW II assigned the Second Amended and Restated Development Agreement with respect to the Timeshare Parcel and the Vacation Ownership Resort to Westgate Resorts pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of February 29,2008 and recorded in the Official Records of Orange County California on March 6, 2008 as Instrument No. 2008000105443; and WHEREAS, the Second Amended and Restated Development Agreement addresses, among other things, the Developer's construction of the Project phases, requiring that the Developer commence construction of the various Project Elements within certain time frames; and - 1 - WHEREAS, the Developer has requested that the City amend the Second Amended and Restated Development Agreement (i) to redefine Hotel No.1, Hotel No. 2 and Hotel No.3 as one (1) Project Element consisting of two (2) Hotels (hereinafter redefined as Hotels 1 and 2) totaling approximately eight hundred sixty-six (866) Hotel Rooms in the aggregate, (ii) to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2011, and (iii) to require the Commencement of Construction of Vacation Ownership No.1 to occur on or before March 23, 2019 ("Amendment No.1 to the Second Amended and Restated Development Agreement"). A copy of Amendment No.1 to the Second Amended and Restated Development Agreement is on file in the Office of the City Clerk of the City of Anaheim; and WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission") did hold a public hearing at the Civic Center in the City of Anaheim on March 1, 2010, at 3 :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 Amendment No.1 to the Second Amended and Restated Development Agreement, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, by its Resolution No. PC2010-01O, did recommend that the City Council approve Amendment No. 1 to the Second Amended and Restated Development Agreement; and WHEREAS, the City and the Developer (each, a "Party" and jointly, the "Parties") intend, in this Amendment No. 1 to the Second Amended and Restated Development Agreement, to amend said Development Agreement as set forth above; and WHEREAS, the City Council did hold a public hearing on Amendment No.1 to the Second Amended and Restated Development Agreement, notice of said public hearing having been duly given as required by law; and WHEREAS, the Anaheim City Council has reviewed the proposal and does hereby find that the previously-approved Mitigated Negative Declaration prepared in conjunction with the Second Amended and Restated Development Agreement is adequate to serve as the required environmental documentation in connection with this request; and WHEREAS, after careful consideration of the recommendations of the Planning Commission and all evidence and reports offered at said hearing the City Council does hereby find and determine, with respect to the request for said amendment to the Second Amended and Restated Development Agreement, that all of the conditions and criteria for the approval of said amendment are present as follows: 1. The Project is consistent with the City's General Plan in that it is in conformance with the General Plan Commercial Recreation land use designation and with the goals, policies and objectives for The Disneyland Resort Specific Plan as set forth in the General Plan. - 2 - 2. 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 Disneyland Resort Anaheim Garden Walk Overlay requirements. 3. The Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Disneyland Resort Specific Plan Land Use Plan and the Anaheim GardenWalk Overlay Zone requirements. 4. The Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. Amendment No.1 to the Second Amended and Restated Development Agreement constitutes a lawful, present exercise of the City's police power and authority under 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 (the "Statute"), Anaheim City Council Ordinance No. 4377 (the "Enabling Ordinance") and Anaheim City Council Resolution No. 82R-565 (the "Procedures Resolution"). 6. Amendment No. 1 to the Second Amended and Restated 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Amendment No.1 to the Second Amended and Restated Development be, and the same is hereby, approved by the City Council of the City of Anaheim. SECTION 2. That the Mayor be, and is hereby, authorized to execute said Amendment No.1 to the Second Amended and Restated Development for and on behalf of the City. -3- THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 23al day of March , 2010, and thereafter passed and adopted at a regular meeting of said City Council held on the 13th day of April ,2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway NOES: ABSENT: OONE ABSTAIN: Council Member Kring 76356.vllMGordon -4- 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. C-G (SABC) DEV 2010-00049 ANAHEIM BUSINESS PARK C-G (SABC) RESTAURANT SP 92-1 DA3A BERGSTROMS CHILDRENS STORE T (SABC) RETAIL SP 92-2 DA1 VACANT SP 92-1 DA3A RETAIL SP 92-1 DA3A INDUSTRIAL T (MHP) GOLDEN SKIES MOBILE HOME PARK I (SABC) VACANT I (SABC) INDUSTRIAL I (SABC) INDUSTRIAL C-G (SABC) ANAHEIM MARKETPLACE INDOOR SWAP MEET 5 FREEWAYCo mme r c i a l/I n d u s tri a l (So u t h An a h e i m Bl v d Ar e a )Re d e v e l o p me n t Ar e a Commercial/Industrial (South Anaheim Blvd Area) Redevelopment Area S ANAHEIM BLVDS CLEMENTINE STE CERRITOS AVE W CERRITOS AVE 5 E. BALL RD W. BALL RD S. LEWIS STS. HARBOR BLVDW. KATELLA AVE S. ANAHEIM BLVDE. KATELLA AVE S. STATE COLLEGE BLVDE. GENE AUTRY WAY W. DISNEY WAY 10989232, 236, and 240 West Cerritos Avenue DEV2010-00049 Subject Property APN: 082-214-01 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 S ANAHEIM BLVDS CLEMENTINE STS MANCHESTER AVEE CERRITOS AVE W CERRITOS AVE 5 E. BALL RD W. BALL RD S. LEWIS STS. HARBOR BLVDW. KATELLA AVE S. ANAHEIM BLVDE. KATELLA AVE S. STATE COLLEGE BLVDE. GENE AUTRY WAY W. DISNEY WAY 10989232, 236, and 240 West Cerritos Avenue DEV2010-00049 Subject Property APN: 082-214-01 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2010-05493 AND VARIANCE NO. 2010-04821 (DEV2010-00049) (232, 236 AND 240 WEST CERRITOS AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010-05493, to permit a religious and community assembly facility (New Life Church of California) pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code 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 commercial/industrial center, located in the General Commercial – South Anaheim Boulevard Corridor Overlay (C-G) (SABC) Zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 2, 2010, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The proposed church is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.010. 2. The proposed church will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the church will be compatible with other commercial and industrial uses within the center; 3. The size and shape of the site proposed for the church is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4. The traffic generated by the church will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area and because use of this facility will be off-peak from the parking demand of other uses in the center; - 2 - PC2010-*** 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a variance, does find and determine the following facts: 1. The applicant requests a variance from the following Code Section to provide less parking than required by Code: (a) SECTION NO. 18.42.040.010 Minimum number of parking spaces (Table 42-A) (1,014 spaces required and 494 spaces proposed) 2. The above-mentioned variance, 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 to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of the use as the parking study dated August 6, 2009, prepared by Traffic Safety Engineers, Inc., indicates that the available parking supply during off-peak hours is adequate to support this type of use. 3. The parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity because the proposed parking would be adequate to accommodate the project’s peak parking demands. 4. The variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed church because the church will not increase or compete for on-street parking as and as indicated in the aforementioned parking study, the existing parking is more than adequate to accommodate both the center and the proposed church peak parking demands. 5. The variance will not increase traffic congestion within the off-street parking areas provided for the proposed use since all parking is contained on-site and will not encroach into other parking facilities. 6. The variance will not increase traffic congestion within the off-street parking areas provided for the church as indicated in the parking study because the supply of parking is adequate for the church and there are no new ingress or egress points proposed. 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approves Conditional Use Permit No. 2010-05493 to - 3 - PC2010-*** permit a church on property located at 232, 236 and 240 West Cerritos Avenue and Variance No. 2010-04821 to permit fewer parking spaces than required by code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2010-05493 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 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 City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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 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 August 2, 2010. 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 CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 2, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of August, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** - 6 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05493 AND VARIANCE NO. 2010-04821 (DEV2010-00049) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO COMMENCEMENT OF THE BUSINESS 1 The business shall be equipped with an alarm system (silent or audible). Police Department 2 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police Department 3 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police Department 4 Rear entrance doors shall be numbered in the same address numbers or suite number of the business. Minimum height of 4” recommended. Police Department 5 All exterior doors to have adequate security hardware, e.g. deadbolt locks. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece Police Department 6 Wide-angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. Police Department GENERAL 7 Church services shall be permitted from 5:30 a.m. to 7:00 a.m. and after 6 p.m. on weekdays, and any time on weekends. Incidental church office uses are not subject to this restriction. Code Enforcement 8 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan), and as conditioned herein. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. I DEV 2010-00094 AUTO REPAIR/ SERVICE IRAILROADI RESTAURANT I SELF STORAGE FACILITY I AKUA MOTOR INN I OFFICES I INDUSTRIAL I RESTAURANT I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I (MHP) RANCHO LA PAZ MOBILE HOME PARK I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I OFFICES I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I OFFICES||162'||910'N RAYMOND AVEE ORANGETHORPE AVE 91 E. ORANGETHORPE AVE N. ACACIA STE. COMMERCIAL ST 10984837 East Orangethorpe Avenue DEV2010-00094 Subject Property APN: 269-031-10 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009CITY OF FULLERTONCITY OF ANAHEIM N RAYMOND AVEE ORANGETHORPE AVEN ORANGETHORPE PARK91 E. ORANGETHORPE AVE N. ACACIA STE. COMMERCIAL ST 10984837 East Orangethorpe Avenue DEV2010-00094 Subject Property APN: 269-031-10 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009CITY OF FULLERTONCITY OF ANAHEIM [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 4023 AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-89 (DEV2010-00094) (837 EAST ORANGETHORPE AVENUE) WHEREAS, on May 27, 1998, the Anaheim City Planning Commission, by its Resolution No. PC98-89, did approve Conditional Use Permit No. 4023 to permit and retain a 3,000 square foot tire sales, repair and installation facility for one (1) year to expire on May 27, 1999 for that certain real property located at 837 East Orangethrope Avenue in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, on August 2, 1999, the Planning Commission adopted Resolution No. PC 99-144 amending Conditional Use Permit No. 4023 to reinstate Conditional Use Permit No. 4023 to retain a 3,000 square foot tire sales, repair and installation facility for one (1) year to expire on May 27, 2000, and revise conditions of approval pertaining to hours of operation and number of employees; and WHEREAS, on May 22, 2000, the Planning Commission adopted Resolution No. PC2000- 63 amending Conditional Use Permit No. 4023 to reinstate Conditional Use Permit No. 4023 to retain a 3,000 square foot tire sales, repair and installation facility for five (5) years to expire on May 27, 2005,and to also allow wheel alignments and brake installations; and WHEREAS, on November 14, 2005, the Planning Commission adopted Resolution No. PC2005-152 amending Conditional Use Permit No. 4023, to reinstate said conditional use permit for a period of five (5) years to expire on May 22, 2010; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 4023, designated as Conditional Use Permit 4023C, to modify or delete a condition of approval pertaining to a time limitation for an automotive repair facility and revise a condition of approval pertaining to the total number of employees 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; and WHEREAS, this property is developed with a multi-tenant industrial building located in the I (Industrial) zone and the Anaheim General Plan designates the property for corridor residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 2, 2010, at 5:00 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 - 2 - PC2010-*** conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a conditional use permit, does find and determine the following facts: 1. The applicant’s proposal to retain a 3,000 square foot tire sales, repair, wheel alignment and brake installation facility along with the request to amend or delete a condition of approval pertaining to a time limitation for this facility; and to amend a condition of approval pertaining to the total number of employees in the I (Industrial) zone is properly one for which a conditional use permit is authorized under Code Section 18.10.030 of the Anaheim Municipal Code. 2. The automotive repair facility has demonstrated compatibility with the surrounding area and the modifications to conditions of approval as proposed will not adversely affect the adjoining land uses or the growth and development of the area in which it is currently located. 3. 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. Further, Code Enforcement staff inspected the property and determined that the business is being conducted in compliance with conditions of approval. 4. The traffic generated by the request to amend or delete a condition of approval pertaining to a time limitation for an automotive repair facility and to amend a condition of approval pertaining to the total number of employees will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of cars and trucks entering and exiting the site are consistent with typical industrial businesses that would be permitted as a matter of right 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim. This business use has operated in this location for 12 years and has proven to be compatible to the area. 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 City Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 4023, designated as Conditional Use Permit No. 4023C, to reinstate said conditional use permit. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with - 3 - PC2010-*** Planning Commission Resolution No. PC98-89, approving Conditional Use Permit No. 4023, as previously amended, to read as stated 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of 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 conditional use permit is approved without limitations on the duration of the use. BE IT FURTHER RESOLVED 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, except as expressly amended herein, the provisions of Resolution No. PC98-89, approving Conditional Use Permit No. 4023, shall remain if full force and effect. 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 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 August 2, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 2, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of August, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** - 6 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 4023C (DEV2010-00094) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 Outdoor storage of, display or work on vehicles or vehicular parts shall not be permitted. Code Enforcement 2 Landscaping shall be maintained in conformance with landscaping plans approved in conjunction with Conditional Use Permit No. 4023. Any dead or diseased plants or trees shall be replaced in a timely manner. Code Enforcement 3 Signs shall be limited to those permitted in conjunction with Conditional Use Permit No. 4023. Any proposed new signs shall be submitted to the Planning Services Division. Code Enforcement 4 No public telephones shall be placed outside the building. Code Enforcement 5 No vending machines shall be placed outside the building. Code Enforcement 6 No required parking area shall be fenced or otherwise enclosed for outdoor storage uses. Code Enforcement 7 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. Code Enforcement 8 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2 (Site and Floor Plans), and as conditioned herein. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. I DEV 2010-00039 RELIGIOUS USE RS-2 VACANT I INDUSTRIAL I INDUSTRIAL I RELIGIOUS USE I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL RS-2 SFR RS-2 SFRRS-2 SFR RS-2 SFR RS-2 SFR RS-2 SFR RS-2 SFRRS-2 SFR RS-2 SFR RS-2 SFR RS-2 SFR RS-3 (BCC) SFR||780''||830'W LA PALMA AVE N GILBERT STN AETNA STW R H O D ES A V E N D E V O N S HIR E R D N ELECTRIC WAYW WOODLAND DRN GILBERT STW CARAMIA ST 5 W. CRESCENT AVE W. LA PALMA AVE N. MAGNOLIA AVEN. DALE AVE109522411 West La Palma Avenue DEV2010-00039 Subject Property APN: 071-061-27 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 5 F R E E W A Y W LA PALMA AVE N GILBERT STN AETNA STW R H O D ES A V E N D E V O N S HIR E R D N ELECTRIC WAYW WOODLAND DRN GILBERT STW CARAMIA ST 5 W. CRESCENT AVE W. LA PALMA AVE N. MAGNOLIA AVEN. DALE AVE109522411 West La Palma Avenue DEV2010-00039 Subject Property APN: 071-061-27 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 5 F R E E W A Y [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED MITGITATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-05121 (TRACKING NO. CUP2006-05121B) AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2006-84 (DEV2010-00039) (2411-2461 W. LA PALMA AVENUE AND 1212 N. HUBBELL WAY) WHEREAS, on October 2, 2006, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission"), by its Resolution No. PC2006-84 did approve Conditional Use Permit 2006-05121 to permit and retain a teleconferencing center and private conference/training center for that certain real property located at 2411 West La Palma Avenue in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, on December 7, 2009, the Planning Commission, by its Resolution No. PC2009-121 did approve an amendment to Conditional Use Permit 2006-05121 to permit the conversion of an existing warehouse to a two-story office building for an adult/career training center in conjunction with the previously-approved teleconferencing center for that certain real property located at 1212 N. Hubbell Way; and WHEREAS, the Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 2006-05121 to permit the establishment of an educational institution (West Coast University) to provide vocational training within an existing three-story office building located on the subject property; and WHEREAS, this property is developed with a total of eight buildings and includes an adult/career training center in conjunction with a teleconferencing center and office buildings. The property is located in the I (Industrial) zone and the Anaheim General Plan designates the property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 2, 2010, at 5:00 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 the proposed amendment to said conditional use permit (tracking number CUP2006-05121B) and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a conditional use permit, does find and determine the following facts: - 2 - PC2010-*** 1. The request to amend said conditional use permit to allow a vocational college within an existing three-story office building is properly one for which a conditional use permit is authorized under Code Section Nos. 18.10.030.040.0402 (Educational Institutions) of the Anaheim Municipal Code. 2. The proposed amendment to the conditional use permit to establish an educational institution for vocational training, 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 building is surrounded by and integrated with similar buildings and uses; and the proposed vocational school is located within an existing office building located on the interior of the parcel with no adverse affects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the vocational school within an existing office building in a manner not detrimental to the particular area or to the health and safety because the proposed vocational school will be located within the existing 3-story, office building. In addition, the project requires a total of 1,934 parking spaces and 2,136 spaces are proposed. Therefore, the proposed project complies with Code required parking. 4. The traffic generated by the vocational college will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the assumptions included in the updated 2010 Traffic Impact and Parking Study prepared by KOA Corporation or require additional mitigation measures from those already included in Mitigation Monitoring Plan No. 139 in conjunction with the original conditional use permit. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be compatible with the surrounding area because the use is integrated with other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. NOW THEREFORE BE IT RESOLVED that the Planning Commission has reviewed the proposal and does hereby find that a previously-approved Mitigated Negative Declaration in connection with Conditional Use Permit No. 2006-05121 and Mitigation Monitoring Plan No. 139 is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2006- 05121 (tracking number CUP2006-05121B) to permit the establishment of an educational institution (West Coast University) to provide vocational training within an existing three-story office building located on the subject property. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2006-84, approving Conditional Use Permit No. 2006-05121, as - 3 - PC2010-*** previously amended, to read as stated 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. PC2006-84, approving Conditional Use Permit No. 2006-05121, as previously amended, shall remain if full force and effect. 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 City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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 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 August 2, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 2, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of August, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** - 6 - PC2010-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-05121 (TRACKING NO. CUP 2006-05121B) (DEV2010-00039) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The business shall be equipped with an alarm system (silent or audible). Police 2 Provide comprehensive security alarm system for the following: • Perimeter building and access route protection. • High valued storage areas. Interior building door to shipping and receiving area Police 3 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police 4 Closed circuit television (CCTV) security cameras are recommended, with the following coverage areas: • Lobby entrances • Building perimeter Police 5 If security cameras are not monitored, signs indicating so should be placed at each camera. Police 6 CCTV monitor and recorders should be secured in a separate locked compartment to prevent theft or, or tampering with, the tape. Police 7 CCTV recording should be kept for a minimum of 30 days before being recorded over. Police 8 CCTV videotapes should not be recorded over more than 10 items per tape. Use of digital recording equipment as an alternative to videotape is encouraged. Police 9 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police 10 Rooftop address numbers for the police helicopter. Minimum size 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Police - 7 - PC2010-*** Numbers should face the street to which the structure is addressed. Numbers are not to be visible from the ground level. 11 Industrial, commercial, institutional, or office buildings shall have clearly marked doors with numbers corresponding to the alarm zones, if any. The identification of alarm zone coverage will assist responding police and security units in faster identification and apprehension of potential suspects, if any. Police 12 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police 13 Overhead roll-up doors shall also be secured on the inside that the lock cannot be defeated from the outside and shall be secured with a cylinder lock or padlock from the inside. Police 14 A Knox box shall be installed at hatchway to allow Police/Fire access to interior. Police 15 Monument signs and addresses shall be well lighted during hours of darkness. Police 16 Adequate lighting of parking lots and associated carports, shipping and receiving areas, driveways, 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 person, property, and vehicles on-site. Police 17 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police 18 Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows Police 19 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police 20 All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. Police 21 Compliance with AMC 6016, the Anaheim Public Safety Radio System Coverage Ordinance is required. A copy of the ordinance and compliance specifications is attached. The ordinance can also be viewed online through the City of Anaheim web site. Police - 8 - PC2010-*** 22 “No Trespassing 602(k) P.C.” posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’x1’ in overall size, with white background and black 2” lettering. Police 23 Classroom doors should be equipped with locks that can be locked from the inside, allowing lockdown of those rooms in the event of criminal activity in, or around, the building. Police 24 File Emergency Listing Card, Form APD-281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim,net/article.asp?id=678. Police GENERAL CONDITIONS 25 This facility shall be used for vocational training purposes only. Planning 26 On-going during project operation, no required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 27 No church activities shall be permitted unless a separate conditional use permit is approved by the City. Planning 28 No outdoor activities involving gathering of persons shall be permitted on-site. Code Enforcement 29 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Code Enforcement 30 The developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 139 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. Planning 31 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Floor Plan), and as conditioned herein. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. T DEV 2010-00067 SINGLE FAMILY RESIDENCE C-G SERVICE STATION T (MHP) MEDICAL OFFICE C-G RETAIL RM-4 FOURPLEX RM-4 FOURPLEX RM-4 FOURPLEX C-G RETAIL C-G AMERICANA MOTEL C-G VACANT T (MHP) CHEROKEE MOBILEHOME PARK T (MHP) CHEROKEE MOBILEHOME PARK C-G VACANT C-G CAR WASH RM-4 FOURPLEX RM-4 FOURPLEX RM-4 FOURPLEX RM-4 FOURPLEX RM-4 FOURPLEX RM-4 FOURPLEX RM-4 FOURPLEX C-G RETAIL C-G RETAIL RM-4 FOURPLEX RM-4 FOURPLEX RM-4 FOURPLEX RM-4 FOURPLEX ||217'||535'C-G RETAIL West Anaheim Commercial Corridors Redevelopment Area West Anaheim Commercial CorridorsRedevelopment AreaS BEACH BLVDW LINCOLN AVE S DELANO STS LAXORE STW. ORANGE AVE . CRESCENT AVE S. DALE AVES. KNOTT AVES. WESTERN AVEN. DALE AVES. MAGNOLIA AVE. KNOTT AVEW. LINCOLN AVE W. LINCOLN AVE 10986147 & 211 South Beach Boulevard DEV2010-00067 Subject Property APN: 135-261-09 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 S BEACH BLVDW LINCOLN AVE S DELANO STS LAXORE STW. ORANGE AVE . CRESCENT AVE S. DALE AVES. KNOTT AVES. WESTERN AVEN. DALE AVES. MAGNOLIA AVE. KNOTT AVEN. MAGNOLIA AVEW. LINCOLN AVEW. LINCOLN AVE 10986147 & 211 South Beach Boulevard DEV2010-00067 Subject Property APN: 135-261-09 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING RECLASSIFICATION NO. 2010-00239 (DEV2010-00067) (147 SOUTH BEACH BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reclassification, designated as Reclassification No. 2010-00239, for that certain real property situated at 147 South Beach Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference. WHEREAS, this property is currently developed with a single family residence, garage and accessory structures and is located in the T (Transition) Zone. The Anaheim General Plan designates this property for Low-Medium Density Residential land uses; and WHEREAS, the applicant requests to reclassify or rezone the property from the T (Transition) Zone to the T (MHP) (Transition, Mobile Home Park Overlay) Zone; and WHEREAS, Reclassification No. 2010-00239 is proposed in conjunction with an amendment of Conditional Use Permit No. 767 to construct a 14 manufactured homes with a smaller front setback than allowed by code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 2, 2010 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the subject property to the T (MHP) (Transition, Mobile Home Park Overlay) Zone is consistent with the existing Low-Medium Density Residential land use designation for the subject property. 2. The proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the properties to the north, east and west, which are designated for Low-Medium Density Residential and zoned T (Transition) Mobile Home Park (MHP). - 2 - PC2010-*** 3. The proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. NOW, THEREFORE, BE IT RESOLVED, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby unconditionally approve the subject Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to incorporate the said described property into the T (MHP) (Transition, Mobile Home Park Overlay) Zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 2, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: ___________________________________________________________ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2010-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 2, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of August, 2010. ___________________________________________________________ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** [DRAFT] ATTACHMENT NO. 3 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING VARIANCE NO. 2010-04820 AND AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 767 AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO.1807- SERIES 1965-66 (TRACKING NO. CUP767A) (DEV2010-00067) (147 SOUTH BEACH BOULEVARD) WHEREAS, on October 18, 1965, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission"), by its Resolution No. 1807- SERIES 1965- 66 did approve Conditional Use Permit 767 to establish a 136 space trailer park on that certain real property located at 211 South Beach Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit “A” attached to Resolution No. 1807- SERIES 1965-66 and incorporated therein (the "existing mobile home park"); and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 767 to permit the construction of 14 manufactured homes on a one (1) acre parcel that is adjacent to and proposed to be operated in conjunction with the existing mobile home park and allow a smaller front yard setback than permitted by code for that certain real property located at 147 South Beach Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit “A”, attached hereto and incorporated herein by this reference (the "subject property"); and WHEREAS, the subject property is currently developed with a single-family residence, a garage and accessory structures and is located in the T (Transition) Zone. The Anaheim General Plan designates this property for Low-Medium Density Residential land uses; and WHEREAS, the amendment to Conditional Use Permit No. 767 is proposed in conjunction with Variance No. 2010-04820; Zoning Code Amendment No. 2010-00091; and Reclassification No. 2010-00239; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 2, 2010 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for an amendment to the conditional use permit and a variance, does find and determine the following facts: - 2 - PC2010-*** The applicant requests an amendment to Conditional Use Permit No. 767 with a variance from the following code section to permit the construct ion of 14 manufactured homes with a reduced front landscape setback: SECTION NO. 18.14.100.010 Minimum front landscaped setback. (25 feet landscaped front setback required; 20 feet proposed). 1. The proposal to construct 14 manufactured homes with a smaller front setback than allowed by code is properly one for which a conditional use permit is authorized under Code Section 18.14.030.040 and 18.26.040. 2. The construction of 14 manufactured homes will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the subject one-acre parcel is currently surrounded on three sides by an existing mobile home park and the proposed 20 foot setback aligns with the adjacent properties. 3. 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 as the addition of 14 manufactured homes is consistent with the adjacent mobile home park neighborhood characteristics and surrounding land uses. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 5. The granting of the amendment to the conditional use permit to allow 14 manufactured homes will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is compatible to the existing and adjacent mobile home park and will have the identical residential characteristics. WHEREAS, the Planning Commission does further find and determine that the request for a variance of the front landscape setback should be approved for the following reasons: 1. The variance pertaining to the minimum landscaped setback requirements is hereby approved because strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because this property is surrounded on three sides by a mobile home park with an existing setback of 20 feet, therefore an increased setback for this property would be uncharacteristic for this area and deter from the streetscape aesthetics. In addition, approval of this variance would create a consistent setback with adjacent properties that have the identical zoning classification. There are also special circumstances with respect to the property’s size and depth in relation to other “T” zoned properties in the immediate vicinity which are generally much larger than the property in question. - 3 - PC2010-*** NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve an amendment to Conditional Use Permit No. 767 and Variance No. 2010-04820 as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend and restate the conditions of approval adopted in connection with the Resolution No.1807- Series 1965-66, approving Conditional Use Permit No. 767, to read as stated in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the amendment to Conditional Use Permit No. 767 is hereby approved subject to the approval of Zoning Code Amendment No 2010-00091 and Reclassification No. 2010-00239, now pending. BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. - 4 - PC2010-*** 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 August 2, 2010. 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 CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 2, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of August, 2010. _______ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 6 - PC2010-*** - 7 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 767A (DEV2010-00067) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 The Grading Plan and Water Quality Management Plan shall be submitted to and approved by the City Engineer Public Works – Development Services 2 The Sewer Study (i.e. OTH2010-00542) must be approved by the City Engineer to determine sanitary sewer connection location and whether construction of downstream sewer improvements are required for the project or the Sewer Impact Fee (West Area) will be paid. Public Works – Development Services 3 That prior to the issuance of a building permit, plans shall be submitted showing conformance with the current version of Engineering Standard Details 436 and 470 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. Planning 4 Building permits will be required for the foundation system and anchorage of the proposed manufactured homes. The foundations are to be engineered by a California licensed Civil/Structural Engineer. As an alternative to the engineered foundation system. A State approved foundation system and anchorage may be submitted. Building Division PRIOR TO COMMENCEMENT OF BUILDING ACTIVITY 5 Prior to commencement of installation of manufactured structures, fire hydrants shall be installed and charged as required and approved by the Fire Department. Fire Department 6 An all-weather access road as approved by the Fire Department shall be provided during construction. Fire Department - 8 - PC2010-*** 7 Fire hydrants shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. Fire Department 8 Emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. Fire Department 9 A private water system with separate water service for fire protection and domestic water shall be provided. Public Utilities- Water 10 All requests for new water services or fire lines, as well as any modification, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities- Water 11 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. Public Utilities- Water PRIOR TO THE FINAL BUILDING INSPECTIONS 12 The property owner/developer shall:submit the Final As-Graded Grading Plan and demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. Public Works – Development Services 13 Each individual building and unit should be clearly marked with its appropriate building number and address. These should be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers should be a minimum height of 12” and illuminated during the hours of darkness. Police 14 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. Police - 9 - PC2010-*** 15 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police 16 The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece. Police 17 Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows. Police 18 Trees should not be planted close enough to the structure to allow easy access to the roof, or should be kept trimmed to make climbing difficult. Police GENERAL 19 On going during project operation, no parking areas shall be fenced or otherwise enclosed for outdoor storage purposes. Code Enforcement 20 Implementation of this conditional use permit is contingent upon City Council adoption of an ordinance finalizing Reclassification No. 2010- 00239, reclassifying subject property from the T Zone to the T (MHP) Zone. Planning - 10 - PC2010-*** 21 The applicant shall defend, indemnify and hold harmless the City and its agents, officials, officers, employees, city council, planning commission and their members from any claim, action or proceeding against any of the foregoing individuals or entities, the purpose of such litigation being to attack, set aside, void or annul this resolution or any approval of the application or related decisions, or the adoption of any environmental documents or the Negative Declaration prepared in conjunction with this request, which in any way relate to the approval of the proposed actions. Alternatively, at the City’s election, the City may choose to defend itself from any claim, action or proceeding to attack, set aside, void or annul this resolution or any approval of the application or related decisions, or the adoption of any environmental documents or the Negative Declaration prepared in conjunction with this request with counsel of its choosing, in which case, the applicant shall reimburse the City for all of its costs, including attorney fees, arising from such claim, action or proceeding. The obligations set forth in this condition include the obligation to indemnify or reimburse the City for any attorney fees or monetary judgments that the City becomes obligated to pay as a result of any claim, action or proceeding within the scope of this condition. The City shall promptly notify the applicant of any claim, action or proceeding within the scope of this condition and the City shall cooperate in the defense of any such claim or action. Planning 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. (ZONING CODE AMENDMENT NO. 2010-00091) THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsection .040 of Section 18.36.030 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, revised and amended as follows: ".040 Mobile Home Parks. This use class consists of a site that is planned and improved to accommodate two (2) or more Mobile Homes or Manufactured Homes used for residential purposes, or on which two (2) or more Mobile Home or Manufactured Home spaces or lots each accommodate a Mobile Home or Manufactured Home for residential purposes." SECTION 2. That Section 18.92.160 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, revised and amended as follows: "18.92.160 "M" WORDS, TERMS AND PHRASES. "Manufactured Home." A factory"Factory-built housing", single-family structure, as defined in Section 19971 of the California Health and Safety Code; or a "Manufactured Homehome," as defined in Section 18007 of the California Health and Safety Code, or any successor provisions thereto. Such homes are structures, transportable in one or more sections, designed to be used as a residential dwelling unit, without wheels or axles permanently attached to their body or frame, and considered “Manufactured Homes,” if they are built in conformance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401), and located on a foundation system pursuant to Section 18551 of the California Health and Safety Code. Homes that do not meet all these requirements are considered mobile homes. The term "Manufactured homes Home," as defined herein, does not include "Mobilehome" as defined in Section 18008 of the California Health and Safety Code, "recreational vehiclesRecreational vehicle" as defined in Section 18010 of the California Health and Safety Code, "Special purpose commercial modular" as defined in Section 18012.5 of the California Health and Safety Code, or "commercial coachesCommercial modular" as defined in Section 18001.8 of the California Health and Safety Code, or any successor provisions thereto. ATTACHMENT NO. 4 2 "Mixed-Use Project.” Any development project that combines residential uses with retail, office or other non-residential uses, within the same building or on the same building site. "Mobile Home." A "Mobilehome" as defined in Section 18008 of the California Health and Safety Codestructure designed for human habitation, which is not located on a permanent foundation, and is required to be moved under permit. "Mobile Home" does not include recreational vehicles, such as motor homes, travel trailers, truck campers or camping trailers. Mobile homes do not include recreational vehicles, as defined in Section 18010 of the California Health and Safety Code, or commercial coaches, as defined in Section 18001.8 of the Health and Safety Code, or any successor provisions thereto. "Mobile Home Park." An area of land where two or more Mobile Home or Manufactured Home sites are available for rent to accommodate Mobile Homes or Manufactured Homes used for human habitation. "Motel." A building, or group of buildings, containing guest rooms or suites, with outdoor guest parking located conveniently to, and directly accessible from, each guest room or suite, provided as temporary lodging or sleeping accommodations for consideration to tourists, sojourners or transients, but not used as the legal residence or principal dwelling place of the occupant(s), except for one (1) or more caretaker/manager residential unit(s) which conform to Section 18.38.090 (Caretaker Units) of Chapter 18.38 (Supplemental Use Regulations)." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 5. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation 3 violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefore as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2010, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2010, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 78258.v1/MGordon ATTACHMENT NO. 5 ATTACHMENT NO. 6