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PC 2007/10/15na i lannen i~~~ n a onday, ®ctober 15, 2007 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California ® Chairman: Kelly Buffa ® Chairman Pro-Tempore: Joseph Karaki ® Commissioners: Peter Agarwal, Gail Eastman, ® Stephen Faessel, Panky Romero, Pat Velasquez ® Call To Order Preliminary Plan Review 1:00 P.NI. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the October 15, 2007 agenda For record keeping purposes if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary ® Recess To Public Hearing ® Reconvene To Public Hearing 2:30 P.nA. ® Pledge Of Allegiance ® Public Comments ® Consent Calendar ® Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planningcommission(a~anaheim:net H:ldots\clerical\agendas\(101507).doc (10/15/07) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations 1 A. (a) (b) Location: 500 West Disnev Wav Continued from the August 20, and the September 17, 2007, Planning Commission meeting. Request review and approval of a final site plan to construct a 400-unit time share within the Anaheim GardenWalk project. 1B. (a) CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY APPROVED) (b) VARIANCE NO. 2004-04626 (c) TENTATIVE TRACT MAP NO. 16545 (Tracking Nos. VAR2007-04736 and SUB2007.00050) Agent: Jonathan Pearson California Cove 8105 Irvine Center Drive Suite 800 Irvine, CA 92618 Location: Property is approximately 53-acres, and has a frontage of 190 feet at the terminus of Avenida de Santiago, a maximum depth of 2, 657 feet and is located 260 feet from the centerline of Pointe Premier (No Address). Request to permit a time extension to comply with conditions of approval for the following applications; Variance No. 2004-04626 -Waiver of required private street standards to construct a private residential street without sidewalks or parkways. H:ldots\clericallagendas\(101507).doc Request for continuance to October 29, 2007 Project Planner: (dherrickQanaheim.vet) Project Planner: (skoehmQanaheim.vet) (10/15/07) Page 2 Agent: Chris Samuelian Morris Architects 2046 Armacost Avenue Los Angeles, CA 90025 Tentative Tract Map No. 16545 - To establish a 28-lot, 21-unit detached single-family subdivision. Minutes 1C. Receiving and approving the Minutes from the Planning Commission Meeting of September 17, 2007. Continued from the October 1, 2007 Planning Commission meeting. (.Motion) 1D. Receiving and approving the Minutes from the Planning Commission Meeting of October 1, 2007. (Motion) H:\dots\clerical\agendas\(101507).doc (10/15/07) Page 3 Public Hearing Items: 2a. CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY APPROVED) 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2003-04816 (TRACKING NO. CUP2007-05230) Owner: Southern California Edison 14799 Chestnut Street Westminster, CA 92683 Agent: Anaheim RV Storage 2719 West Lincoln Avenue Anaheim, CA 92801 Location: 2719 and 2724 West Lincoln Avenue*: Parcel 1: Property is approximately 4-acre, having a frontage of 265 feet on the north side of Lincoln Avenue, and is located 210 feet west of the centerline of La Reina Circle (2719 West Lincoln Avenue). Parcel 2: Property is approximately 1.8 acre, having a frontage of 132 feet on the south side of Lincoln Avenue, and is located 587 feet west of the centerline of Stinson Street (2724 West Lincoln Avenue). Request to delete a condition of approval pertaining to a time limitation for a previously-approved recreational vehicle storage facility and an accessory modular office building approved with waivers of maximum fence height and minimum front yard setback. • Advertised as 2720 and 2721 West Lincoln Avenue. Continued from the October 1, 2007, Planning Commission Meeting. Conditional Use Permit Resolution No. 3a. CEQA NEGATIVE DECLARATION fREADVERTISED 3b. GENERAL PLAN AMENDMENT NO. 2007-00460 3c. RECLASSIFICATION NO. 2006-00190 3d. WAIVER OF CODE REQUIREMENT 3e. CONDITIONAL USE PERMIT NO. 2006-05175 3f. TENTATIVE TRACT MAP NO. 17139 Owner: Natalie Tran 3100 Lindacita Anaheim, CA 92804-1715 Quyen Tran 237 South Beach Anaheim, CA 92804-1815 Agent: Mertcp Attn: Roy Ward 2614 Ocean Blvd. Corona Del Mar, CA 92625 H:\docs\clerical\agendas\(101507).doc Pmjecf Planner. (djoeQanaheim.nef) (10/15/07) Page 4 Location: 237 South Beach Boulevard and 3100 West Lindacita Lane: Portion A: This irregularly-shaped 0.27-acre property has a frontage of 47 feet on the southeast side of Lindacita Lane and a maximum depth of 142 feet (3100 West Lindacita Lane). Portion B: This irregularly-shaped 1.68 acres property is a land-locked parcel with a maximum depth of 287 feet and is located north across a flood control channel from 3067 and 3079 West Orange Avenue and is located 175 feet south of the centerline of Grand Avenue (237 South Beach Boulevard). General Plan Amendment No. 2007-00470 -Request withdrawn by applicant. Reclassification No. 2006-00190 -Request reclassification of Portion B from the T (Transition) zone to the RS-4 (Residential, Single-Family) zone, or a less intense zone and to remove the Mobile Home Park Overlay zone. Conditional Use Permit No. 2006-05175 -Request to construct a 9-unit detached single-family residential subdivision with waiver of improvement of private street for Portions A and 6, and waiver of minimum lot area for Portion A. Tentative Tract Map No. 17139 - To establish a 12 numbered and 1 lettered lot, 10-unit detached single-family residential subdivision for Portions A and B. Continued from the June 11, June 25, July 9, August 20, September 5, and the September 17, 2007, Planning Commission Meetings. *Advertised to include Reclassification of Portion A from the RS-2 (Residential, Single-Family) zone to the RS-4 (Residential, Single-Family) zone, or a less intense zone. General Plan Amendment Resolution No. Reclassification Resolution No. Conditional Use Permit Resolution No. _ Tentative Tract Map :Resolution No. H:\docs\clerical\agendas\(101507 ).doc Pmjecf Planner: (kwong2 aQanaheim.nef) (10115/07) Page 5 4a. CEQA MITIGATED NEGATIVE DECLARATION 4b. GENERAL PLAN AMENDMENT NO. 2007-00457 4c. RECLASSIFICATION NO. 2007-00202 4d. WAIVER OF CODE REQUIREMENT 4e. CONDITIONAL USE PERMIT NO. 2007-05216 Owner: Elias Properties INC 5395 East La Palma Avenue Anaheim, CA 92807 Agent: Caliber Motors 5395 East La Palma Avenue Anaheim, CA 92807 Location: Property is approximately 1.85-acre, located on the south side of the Riverside Freeway (SR-91) right-of-way with a frontage of 682 feet along the Riverside Freeway, north of Santa Ana Canyon Road, west of Soloman Drive and 1.,357 feet east of the centerline of Via Cortez. General Plan Amendment No. 2007-00457- Request to designate property to the General Commercial land use designation. Conditional Use Permit No. 2007-05216 -Request to permit an outdoor automobile storage and display area in conjunction with an adjacent automobile sales dealership with waiver of landscape setback adjacent to a freeway. Reclassification No. 2007-00202 - Request reclassification of the subject property to the C-G(SC) (General Commercial, Scenic Corridor Project Planner. Overlay) Zone. (skoehmQanaheim.net) General Plan Amendment Resolution No. Reclassification Resolution No. Conditional Use Permit Resolution No. H:\docs\dlerical\agendas\(101507 ).doc (10/15/07) Page 6 5a. Sb. Sc. 5c. Sd. Se. Agent: Duane Luzum Kaiser Permantente 1707 Barcelona Circle Placentia, CA 92870 Location: 3400-3450 East La Palma Avenue: Property is approximately 27 acres, having a frontage of 984 feet on the south side of La Palma Avenue and is located 225 feet east of the centerline of Miller Street. Environmental Impact Report No. 2007-00337 -Request for certification of Environmental Impact Report No. 337, including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations and Mitigation Monitoring Program No. 147 for the Kaiser Hospital project. EIR No. 337 has been prepared to serve as the primary environmental document for CUP2006-05146, SUBTPM2007-195, DAG2007-00003, and SPN2007-00048 and subsequent actions related to implementation of the project. Implementation is intended to include, but not be limited to, the approval of subdivision maps, grading permits, street improvement plans, final site plans, and other related actions for the Kaiser Hospital project. Future actions related to the Kaiser Hospital project that require additional discretionary review will utilize this document for CEQA purposes to the extent possible, consistent with Section 15162 of the CEQA Guidelines. Specific Plan Amendment No. 2007-00048 -Amendment No. 4 to the Northeast Area Specific Plan (SP94-1) to adjust the boundaries of Development Area 4. Conditional'Use Permit No. 2006-05146 - To construct a new 1.2 million s.f. Kaiser Hospital campus to include medical office buildings with building heights in excess of 100 feet, a 360 bed hospital, central utility plant, and two parking structures with waivers of (a) minimum landscaped setback abutting La Palma Avenue, and (b) minimum landscaped setback abutting a freeway frontage. Development Agreement No. 2007-00003 -Request to adopt a Development Agreement between the City of Anaheim and Kaiser Foundation to construct a hospital campus in three phases. Tentative Parcel Map No. 2007-195 - To merge 9 parcels into 1 parcel. Environmental Impact Report Resolution No. Specific Plan Amendment Resolution No. _ Conditional Use Permit Resolution No. Development Agreement Resolution No. Tentative Tract Map Resolution No. Pro%ect Planner: (dsee@anaheim.net) H:\docs\clerical\agendas\(101507).doc (10/15/07) Page 7 Owner: Kaiser Foundation 393 East Walnut Street Pasadena. CA 91188 6a. CEQA CATEGORICAL EXEMPTION -CLASS 21 6b. CONDITIONAL USE PERMIT NO. 3277 (TRACKING NO. CUP NO. 2007-05251) Owner: Barry Lee Konier P.O. Box 2158 Orange, CA 92859 Agent: City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: 950-970 Tustin Avenue: Property is an irregularly-shaped 2.82-acre property having frontages of 460 feet on the east side of Tustin Avenue and 665 feet on the south side of the Riverside Freeway (SR-91). City request to initiate the revocation or modification of Conditional Use Permit No. 3277 to permit office uses in an industrial building with waiver of minimum distance between freestanding signs. Conditional Use Permit Resolution No. Request for continuance to December 10, 2007 Pro%ect Planner. (kwong2Qanaheim.vet) Adjourn To Monday, October 29, 2007 at 1:00 P.M. for Preliminary Plan Review. H:\does\dlerical\agendas\(101507).doc (10/15/07) Page 8 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 a.m. October 11.2007 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND CIOI "I DISPLAY KIOSK SIGNED: u If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time.. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Tele hone S stem at 714-765-5139. H:\dots\clerical\agendas\(101507).doc (10/15/07) Page 9 SCHEDULE 2007 October 29 November 14 (Wed) November 26 December 10 December 24 H:\dots\clerical\agendas\(101507).doc (10/15/07) Page 10 t~' OENNTS CpP301, 9] RESTAN / WP J10 p5 maz3 Ra05fi]dt 11031 vM rzn WPIt] NIAREW INN Ra 666]81 18]) VM 38]0 pIP 111 VAR 2595 WP]s6 VAR 335 RAMApAAW NGATE W 033 VM 36Yl R0. b56]6t IP81 VPR ZS95 WPJ86 ~ %-t l4~ &Rtl LINOSCMID VMeII1]8 FA9EMENi s %n fi6fi 1 sf ltoal RQ iP a a X 1 n 3 OIS rf rm E 5~ j W CUP 959 'J 7 O m 0_ malt p 84666]$1 toe I m R4 welrz mi tDS a, pISNEYIANO Q S bt $1 eal 8S 316 tAVENUE m %3 R0.F661dt (1B) CUP 359 VM 33305 VACMf m BZ3 RLl 66A1$f tOB RCt~2t3a1 ) cUPJSB FORIOFlNOINN6 WRES DISNEY WAY m BZ-Z P0.6fie]$tl]) ID111 VMI% CASRE INi nsunPs me33 R0. WfiI81110B1 vAMRw1 VACANT 'df (531 m@3 268 PA Itt mB23 8881$1 4b9 RW~BBY (181 VM 1188 vM 18w EtR3U L.@YS M01pRL000£ m 82.2 RESTAURANT r m 02.2 ftLL6&0 a$e 110) Final Site Plan No. 2007-00009 Requested By: CHRIS SAMUELIAN 500 West Disney Way (cem Ivo. 6 9t ;N RU6 s1 I I 4VP]~ m9z-t gnremei ~®'i 0.LL 6661811321 R4B46S112 m93.1 fE-}iEp 84586/8] flCL 66%dt 1311 C4P 155 qLL W-ES112 WPS/1 RCLSGd181 WP3z WP]55 m32.1 VM 21%5 ppgpNG LOT WP5)1 RW JI-]060 VAR 2%46 WP32 gCL66b1d1 p0! OISNEYIAldJ VMI%45 CIIP Z]38 PARgNG OISNEYIANp VAR3803 PPRgNG VNi 130 3A.INp. F1PM Y Q SP B2-1 d IgrypSLAPm SP 83-1 5 ' RLL 86$1$1 p061 EASEMENT RLL 066861 (1001 0.CL fi 681$11 o s vovnaRx cwm}u.umnox co. c.°ulull LUP 1089 3NIA EO190NLO. EASEMENT -tw% C BPBTI nPES]ATQI PlReenrlna 0P 82-3 RLl5Bd1$1 (151 iW ooie 6UPFA B MOTEL SP 82-1 RCL 866801 100) RLL 62$s s LUP 2101 ni)m Ben m B2-0 SP 93 R0. WG11 WP26 cupn ANAHEIN m 633 54TF11RE RLL 68fi]611101 RLL 556]81 6P9>~ P6~3}.I]' R GU OIIMA ml rx aswrPs ~ YP]} ml 81'8fM pEp! 6$ ~Iml $ ¢¢! II LUP 1f ~V 6P B3 //////~,~\\\\ PARKiI Subject Property Date: October 15, 2007 Scale: Graphic Q.S. No. 87 10351 SP Bbt m az-t R~L~I. e66fi]~1%1 TLLV~~~ Wt KATELLA AVENUE CUP MIB R4~]~(etl VM 3308 architects 2046 Armacosl Avenue Lns Angeles, CA 90025-6113 Phone 310.820.4600 Fax 310.820.4611 September 19, 2007 Delin AA. Herrick, Associate Planner City of Anaheim Planning Department 200 S. Anaheim Boulevard, Suite # 162 Anaheim, California ATTA,C9iMEfdT -ITEM N®. 9A RE: Westgate Gardenwalk Timeshare -Anaheim, California 500 W. Disney Way, Anaheim CA 92802 Request for Planning Commission continuance to October 29, 2007 Dear Della, After meeting with the city's PEBR Review architect, I will be necessary to further continue our hearing date with the planning commission. On behalf of our client. I request that you please set our new hearing date for the planning commission for October 29, 2007. you for your assistance in this matter. Please feel free to contact me if you have ~estions. Daniel Ortega, A.I.A. Associate Principal cc: Wayne Fjare, VP, Westgate Resorfs Gerald Koi, Principal, Moms Architects Chris Samuelian, Senior Associate. Morris Architects Ted Whife, City of Anaheim Planning Department a ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Reclassification No. 2003-00109 Variance No. 2004-04626 Subject Property TRACKING NO. VAR 2007-04736 Date: October 15, 2007 Tentative Tract Map No. 16545 Scale: Graphic TRACKING NO. SUB 2007-00050 Q.S. No. 287 Requested By: JONATHAN PEARSON No Address ICJ o mo aaa Faet 10399 City of Anaheim PLANNING I~EPAIZ'g'MEIV'l, Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of October 15, 2007. 1. REPORTS AND RECOMMENDATIONS: B. (a) CEOA NEGATNE DECLARATION (PREVIOUSLY-APPROVED) (b) VARIANCE N0.2004-04626 {TRACKING NO. VAR2007-04736) TENTATIVE TRACT MAP NO.16545 (TRACKING NO. SUB2007-00050) Agent: Jonathan Pearson, California Cove Communities, 8105 Irvine Center Drive, Suite 800, Irvine, CA 92618. Location: Property is approximately 53-acres with a frontage of 190 feet at the terminus of Avenida de Santiago, a maximum depth of 2,657 feet and located 260 feet west of the centerline of Pointe Premier. Requests a retroactive time extension to comply with conditions of approval for the following applications: Variance No. 2004-04626 and Tentative Tract Map No. 16545- to establish a 28-lot, 21- unit detached single-family subdivision with waiver of sidewalk requirements. wrnvanaheim.nel ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for this request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve a retroactive extension of time to comply with the conditions of approval for apreviously-approved 28-lot, 21-unit detached single-family subdivision with waiver of sidewalk requirements for a period of one (1) year to expire on September 13, 2008, based on the following: (i) That this is the second request for an extension of time for the variance and the first request for an extension for the tract map, and would not extend the entitlements beyond the two extensions authorized by the Code. (ii) That there have been no changes to the General Plan and Zoning Code that would affect this project. No additional information or changed circumstances are present which would contradict the facts used to support the required findings for approval of this extension of time. (iii) That the property is being maintained in a safe, clean and aesthetically pleasing condition with no unremediated code violations on the property, as confirmed by an inspection of the property by the Community Preservation Division. 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714)765-5139 excerpt_var2004-04626_time_ext_gsk ATTACHMENT -ITEM NO. 1 B RESOLUTION NO. 2005 - 186 A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF ANAHEIM GRANTING VARIANCE NO.2004-04626. WHEREAS, after a request for variance to permit a 28-lot, 21-unit, RH-2 (SC) single-family residential subdivision, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. was coveting the following described property: BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP 87-252 RECORDED IN 900K 226, PAGES 33 TO 34 OF PARCEL MAPS, OFFICIAL RECORDS: PARCEL 1: BEGINNING AT THE EASTERLY TERMINUS OF A LIIdE SHOWN AS NORTH 89' S9' S i" EAST 862.16 FEET IN THE NORTHERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTHERLY LINE AND THE BOUNDARY OF SAID PARCEL 3 THE FOLLOWING COURSES: SOUTH $9' S9' S1" WEST 862.16 FEET, SOUTH 71' 23' ~" WEST 365.96 FEET, SOUTH 10' 28' 37" WEST 359.95 FEET, SOUTH 53' S9' 39" WEST 216.80 FEET TO THE BEGINNING OF A CURVE CONCAVE'I'O TILE NORTHWEST HAVING A RADIUS OF 301.75 FEET; THENCE. SOUTH9VESTERLY 3.96 FEET ALONG SAID CURVE AND BOUNDARY - OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF ~' 45' 10"; THENCE CONI7NUIIdG ALONG SAID PARCEL 3 SOUTH 80' 32' 46"EAST 1592.22 FEET, THENCE DEPARTWG FROM SAID PARCEL 3 NORTH 53' 21' 02" WEST 85.00 FEET, THENCE NORTH 21' S9' S2" WEST 133.00 FEET; THENCE NORTH 80' 31' 21"EAST 67.98 FEET; THENCE SOUTH 75' 02' S9" EAST 181.04 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 43.t1U FEET A RADIAL LINE TO SAID BEGINNING OF ANON-TANGENT CURVE BEARS NORTH 70' 33' 29" EAST; THENCE NORTHWESTERLY ALONG. SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLE OF 26' 40' OS": THENCE NORTH 75' 02' S9" WEST 410.60 FEET: THENCE NORTH 14' 45' 77" EAST 616.?6 FEET TO THE POINT OF BEGINNING; PARCEL 2: BEGINAING AT THE EASTERLY TER1vIIIdUS OR A LINE SHOWN AS NORTH 89'59' S1"EAST 861.16 FEET IId THE NORTHERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTHERLY LINE . AND THE BOUNDARY OF SAID PARCEL 3 THE FOLLOWING COURSES: NORTH 56' 41' 03"EAST 1321.72 FEET, SOUTH 12' 27' 04" EAST 731.79 FEET, NORTH 77' 30' S3" CAST 31.17 FEET, SOUTH 68' 49' 19" WEST 11.45 FEET, TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 720.00 FEET; THENCE WESTERLY 22.25 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF Ol' 46' 15" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE I~TORTH HAVING A RADIUS OF 55.00 FEET, A RADIAL LINE THROUGH SAID BEGINNIIdG OF REVERSE CURVE BEARS NORTH 22' S6' S6" WEST: THENCE NORTHWESTERLY 39.63 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 41' 16' S7" TO THE BEGIlVNIlVG OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE THROUGH SAID BEGINNIPIG OF REVERSE CURVE BEARS SOUTH 18° 20' Ol" WEST, THENCE WESTERLY AND SOUTHERLY 111.74 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 142' 16' Ol" TO THE BEGIIVNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 700.00 FEET. A RADIAL LINE THROUGH SAID BEGINNING OFNON-TANGENT CURVE BEARS SOUTH 32' 00' 08" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND CONTINUIlVG ALONG SAID PARCEL 3 122,85 FEET THROUGH A CIIVTRAL ANGLE OF 10' 03' 19" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 700.00 FEET; THENCE SOUTHWESTERLY 345.01 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A CEAITRAL ANGLE OF 28' 14' 21"; THENCE DEPARTING SAID BOUNDARY OF PARCEL 3 ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL 2 SOUTH 29' 25' 13" EAST 853.12 FEET; THENCE CONTINUIIdG ALONG SAID PARCEL 2 NORTH 80' 32' 46" WEST 1087.79 FEET; THENCE DEPARTING FROM BOUNDARY OF SAID PARCEL 2 ATORTH 53' 21' 02" WEST 85.E FEET; THENCE NORTH 21' S9' S2" WEST 133.00 FEET; THENCE NORTH 80' 31' 21"EAST 67,89 FEET: THENCE SOUTH 75' 02' S9" EAST 181.04 FEET TO THE BEGIIdNING OF ANON-TANGENT CURVE CONCAVE. NORTHEASTERLY HAVING A RADIUS OF 43.00 FEET A RADIAL LINE TO SAID BEGIlVNIIVG OF ANON-TANGENT CURVE BARES NORTH 70' 33' 29" EAST: THENCE NORTHWESTERLY ALONG SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLE OF 2~' 40' OS"; THENCE NORTH 75' 02' S9" WEST 410.60 FEET; THENCE NORTH 14' 45' 17" EAST 616.76 FEET TO THE POINT OF BEGINNING; and WHEREAS, thereafter, within the time prescribed bylaw, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a public hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: i. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical - 2 - zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREFORE, BE Tf RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted to permit a 28-lot, 21-unit, RH-2 (SC) single-family residential subdivision on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION NO. 18.40.060.030 ILegwred private street standards (Sidewalks and parkways required; none proposed) That said variance be granted subject to the following conditions: 1. That the property owner/developer shall be resgonsible for compliance with all the mitigation measures set forth in Mitigation Monitoring Plan No. 124 created specifcally for this project, and for complying with the monitoring and reporting requirements established by the City is compliance with Section 21081.6 of the Public Resources Code. Furthermore, rho property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 124, which are made a part of these conditions of approval by reference. 2. That trash storage aiea(s) shall be provided aad maintained in lacations(s) acceptable to the Public Works Department, Strrzts and Sanitation Division, and in aceardaace with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. 3. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department. Streets aad Sanitation Division for review aad approval. 4. That an on site trash tnrck turn around area shall be provided per Engineering Standazd Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Trash truckturn-around shall be provided through each construction phase of the project. Said rum-around area shall be specifically shown on the plans submitted for building permits. 5. That gates shall not be installed across any driveway or private street in a manner which gray adversely affect vehiculaz traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. - 3 - 6. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City Anaheim prior to connection of electrical service. 7. That any required relocation of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 8. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, wmmunications and cable devices, etc., shall be located outside the required street setback area fully screened and shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 9. That prior to application for water meter;, fire lint or submitting the water improvement plans for approval, the developedowner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to detemtine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. ]0. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on plans submitted for building permits. 11. That the developer/owner shall submit a set of improvement plans to the Public Utilities Department, Water Engineering Division for review and approval to determine the conditions necessary for providing water service to the project. 12. That subject property shall be developed substantially in accordance with plans and specifications submitted [o the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibits No. 1 and 2, and as conditioned herein. 13. That the final site, floor elevation, fencing and landscape plans shall be submitted to the Planning Services Division for review and approval. Any decision by staff regarding said plans maybe appealed to the Planning Commission as a Reports and Recomrnendatioos item.. 14. That prior to issuance of a building permit or within a period of one (1) year from this date of this Resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 13 herein-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.03.090 (Time Limit for Amendments, - 4 - Conditional Use Permits, Administrative Use Permits, Variances, and Administrative Adjustments) of the Anaheim Municipal Code. I5. That prior to final building and zoning inspections, Condition Nos. 1 and 12 above meadoned, shall be compiled with. 16. Tha[ approval of this application constitutes approval of the proposed inquest 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 TT FURTHER RESOLVED that Ute City Council of the City of Anaheim 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13th Day of September, 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu NOES: Council Members Chavez. Galloway ABSENT: None ABSTAIN: None CITY OF AHE1M sy MA R OF THE ANAHEIM CLERK OF THE CITY OF ANAHEIM 59337.1 rj City of Anaheim I~~ANI~IIIVG 1~EPA12'i'lV1El~'T October 8, 2004 Red Curb Investments P.Q. Box 995 Torrance, CA 90508 ATTACHMENT -ITEM NO. 1 B Following Is an excerpt from the minutes of the Anaheim City Planning Commtssion meeting of October 4, 2004. 3a. CEQA Mitigated Neoat(ve Declaration. (Readvertised) 3b. Reclassification No. 2003-00109 3c. Variance No. 2004-04626 3d. Tentative Tract Mao No. 16545 Owner; Red Curb Investments, P.O. Box 995, Torrance, CA 90508 Agent: Thomas Hartley, 25971 Arriba Linda, Laguna Niguel, CA 92677 Location: Property Is approximately 53 acres, having a frontage of 190 feet at the terminus of Avenida de Santiago, located 260 feet west of the centerline of Pointe Premier (No address). Reclassification No. 2003-00109 -Request reclassification of the property from the T (SC)(Transition; Scenic Corridor Overlay), formerly the RS-A-43,000(SC) (ResidentiallAgricultural; Scenic Corridor Oveday) zone to the RH-2(SC) (Single-Family Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic Corridor Overlay) zones. Variance No. 2004-04626 -Request waiver of required private street standards to construct a private residential street without sidewalks or parkways., Tentative Tract Map No. 16545 -Request to establish a 26-lot, 21-unit detached single-family subdivision. ' Continued from the August 9, September 8 and September 20, 2004, Planning Commission Meetings. ACTION: Commissione~ O'Connell offered a motion, seconded by Commissioner Buffo and MOTION CARRIED (Commissioner Romero and Velasquez absent) that the Anaheim City Planning Commission does hereby approve Tentative Tract Map No. 16545 (to establish a 28- lot, 21-unit detached single-family residential subdivision) including the conditions attached to the staff report dated October 4, 2004, That the property owner/developer shall be responsible for compliance with all the mitigation measures set forth in Mitigation Monitoring Plan No. 124 created specifically for this project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure Implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 124, which are made a part of these conditions of approval by reference. 2. That prior to issuance of a building permit, the final map shall be submitted to and aspproved by the City of Anaheim and the Orange County Surveyor and then shall be 200 oulh Anaheim Baulevartl P.O. Box 3222 Anaheim, California 92803 - www.anaheim.net I TEL t71q) 765-5139 recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 3. That a maintenance covenant, shall be submitted to the Subdivision Section and ' approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 4. That the Iegai property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public'Works Oepartment, Subdivision Section and approved by the City Attorney and Cily Engineer and then recorded concurrently with the final map. 5. That all units shall be assigned street addresses by the Building Division. Street names for any new public or private street (if requested by the developer or required by fhe City) shall be submitted to and approved by the Building Division. 6. That the streets, sanitary sewer and storm drain within the development shall be privately maintained. Improvement plans for the private street, sanitary sewer, and private drainage system shall be submitted to the Public Works Department, Development Services Division concurrently with the final map: 7, Thatthe sewer connection fee shall be paid. 8. That the legal property owner shall submit ah application to abandon the existing public storm drain easement on the north side of Parcel 3 of Parcel Map No. 87-252 (Parcel No. 1 of proposed Lot Line Adjustment No. 574). The application shall be submitted to the Public Works Department, Real Property Section and shall be considered by the Ciry Council at a public hearing. 9. That approval of this parcel map is granted subject to the approval of Variance No. 2004- 04626 and Reclassification No. 2003-00109, now pending, 10. That prior to final parcel map approval, Condition Nos..3, 4, 5, 6, 7, 8 and 9 above- `mentioned, shall be complied with. 11... 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. Sincerely, (..iebu'ti9L(0'Yrrr~ . Eleanor Morris, e ~ r Secret~ry Anaheim City Planning Commission Cc; Thomas Hartley, 29462 Thackery Drive, Laguna Niguel, CA 92677 cr5643dm.doc Item No. MONROE PL F N r .2 EACH ~ O U TO P NI NILE .TON c_ W a°o'f?s W Q P o W ew Q ]1v 0 m ss LINCOLN AVENUE ~N ~N0.0E AVE V U UNCOLN AVENUE F~~ax• s6T•-~ cc wY ^I r u zi ese«w ~ '~' ` ]as m ~ n.n+e aPSWI ORNe mwm aPZl6i arr T^''a"a ' i m.e,am aP All aPS4l T~yxp~ ~ T aP]® aP]eA VM MS u]rvx a]WflM xxn i ~~ 7$ AN O,ze aP]Btl vw ]eT f '"~ RM .C W vales ~. ~~ RLL B& ]6E6 ~ ~ ~ " RCL 81 60-02 ~ ~, 6 xa~~ ~ 1-N ~ 2 a VAR 2171 N ~xn~v M9 m vn,m" TLV~SI]L. 88TJ3 PLL 6 a: C ~ti uPU g m~ ~~ ~ mb~ "d ~du N INRBgIV4AGE r" U~~ x ' iU IP3W ° ° ]rTS ~ A E ~ ° ~ 5 P~~ o ] (<iv]eel ni o fi a ~$ T IRHP) a O6L$ uxC¢HnW z Q 80 LUPP ]O Z CUP I6D rcw LUP JS ~ MO611EHOME PARK _ r Pa]ul2 aou - 6ctieneai " U~'3058 ~ VACANT ~ tARSn~ T ac.P.c.L. ~]>e e 0.S2 iou e ]w 10U LH TCIL4 AVE TOLA AVE RS2 c' ~] erasn t oU FAH ~ ~ 8px ' ° w om ~ ~ „ v . , RS1 O x 1 i ~ ,nu cecu . . Conditional Use Permit No. 2003-04816 TRACKING NO. CUP2007-05230 Requested ey: SOUTHERN CALIFORNIA EDISON Parcel 1:2719 West Lincoln Avenue Parcel 2: 2724 West Lincoln Avenue T 10382 T axmm a]esr l09 ou a u a a V I40sPbd] y fl vPAsse, ~m m ]w xP w. Z u]vcuexre vv N Z N R.u umna~ v,6]ae SERENO PL ~ ou EACH z TROJAN PL I~ I O ~r1 ~ I V Subject Property Date: October 15, 2007 Scale: 1" = 200' Q.S. No. 20 Aerial Photo: Conditional Use Permit No. 2003-04816 TRACKING NO. CUP2007-05230 Requested By: SOUTHERN CALIFORNIA EDISON Parcel 1:2719 West Lincoln Avenue Parcel 2: 2724 West Lincoln Avenue Subject Property Date: October 15, 2007 Scale: 1" = 200' O.S. No. 20 10382 ITEM N0.2 PLANNING COIVIMISSION AGENDA REPORT 200 S. Anaheim Blvd. Suite #t fit Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5260 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE:.: OCTOBER 15, 2007 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMITNO.2003-04816 (TRACHING NO. CUP2007-05230) LOCATION: 2719 West Lincoln Avenue (Parcel 1) and 2724 West Lincoln Avenue (Pazce12)_ APPLICANT/PROPERTY OWNERi The applicant is Anaheim RV Storage and the property owner is Southern California Edison. REQUEST: The applicant requests approval to reinstate a conditional use permit to retain apreviously-approved recreational vehicle storage facilityand accessory modular office building and remove the time limitation. " RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a CEQA Categorical Exemption, Class 1. (b) By resolution, approve amendment to Conditional Use Permit No 2003-04816 to delete the time limitation. BACKGROUND: These combined 5.8-acre properties are developed with a recreational vehicle storage facility and aze located within the Transition (T) zone: The General Plan designates this property and properties to the north and south for Open Space land uses. Properties to the west are designated for Low Density Residential; Low-Medium Density Residential, Comdor Residential and Medium Density Residential land uses. Properties to the east are designated for Low Density Residential, Medium Density Residential and Low-Medium Density Residential7and uses. This request was continued from the October 1, 2007, Planning Commission meeting in order to resend notices with the wrrected addresses. Conditional Use Permit No: 2003-04816, a request to permit the recreational vehicle storage facility and accessory modular office building, was approved by the Planning Commission on February 9, 2004. The approval included waivers to allow a fence that is taller than code permits and a street setback that is less than code requires. Resolution No. PC2004-18 adopted in conjunction with the latest reinstatement indicates this conditional use permit expired on February 9, 200T. CONDITIONAL USE PERMIT NO. 2003-0481fi October I5, 2007. Page 2 of 2 A time limitation was placed on this entitlement due to concerns expressed by the adjacent neighborhood regarding a commercial use in a residentialneighborhood, potentially increased traffic; and the proposed hours of operation. The permit requires the business to provide on-site management during operating hours; four (4) random security ohecks during hours' when the business is not in operation; and security cameras to monitor after hour'outdoor activity. PROPOSAL: The applicant has submitted a request to reinstate this conditional use permit. The applicant requests to no longer limit the length of the conditional use permit; as the business has been in operation for a number of years. The applicant states that the business has been operating in compliance with all conditions of approval and has not received any complaints from the adjacent residencesor commercial businesses. ANALYSIS: There aze no outstanding complaints pertaining to this property. An inspection was conducted by the Community Preservation Division on June 29, 2007, and the inspection indicated the property is well maintained in compliance with the conditions of approval. The business has not had an adverse effecf on the surrounding azea within the last four (4) yeazs of operation. The time limitation was placed on the permit because of concerns of conflicts between the commercial business and its adjacency to residential uses: Conditions'of approval were included on the permit pertaining to how the business would operate. The; operational chazacteristics of the business have been complied with, and consequently the City has received only one (1) complaint pertaining to trash, since the opening of the business.. Staff has not. received any inquiries or concerns about this request from the surrounding community. Therefore; staff recommends that the conditional use permit be7einstated with no time limitation.. RespCectfully submitt`d% ~ Concurred by, ~~ n~~ Acting Principal Planner Planning Director Attachments L Justification of Reinstatement 2. Prior Resolution 3. Prior Minutes ~~R~Fr~ RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2003-04816, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2004-18 (2719 AND 2724 WEST LINCOLN AVENUE -ANAHEIM RV STORAGE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, as commonly known as 2719 and 2724 West Lincoln Avenue -Anaheim RV Storage; and WHEREAS, on February 9, 2004, the Anaheim Planning Commission, by its Resolution No. PC2004-18 approved Conditional Use Permit No. 2003-04816 to permit a recreational vehicle storage facility and an accessory modulaz office building with waivers of maximum fence and minimum front Yazd setback; and WHEREAS, said Resolution No. PC2004-18 includes the following condition of approval: " 36. That this conditional use permit shall expire on February 9, 2007." WHEREAS, the subject property known as 2719 West Lincoln Avenue, generally located on the north side of West Lincoln Avenue, is currently developed with a 4.0-acre recreational vehicle storage facility which has 168 storage spaces, including accessory modulaz office unit; that the recreational vehicle storage facility is zoned T; and the Anaheim General Plan designates this property for Open Space land uses; and WHEREAS, the subject property known as 2724 West Lincoln Avenue, generally located on the south side of West Lincoln Avenue, is currently developed with a 1.8-acre recreational vehicle storage facility which has 133 storage spaces; that the recreational vehicle storage facility is zoned T; and the Anaheim General Plan designates this property for Open Space land uses; and WHEREAS, the applicant has requested reinstatement and amendment of this conditional use permit to retain a recreational vehicle storage facility and an accessory modulaz office building with waivers of maximum fence and minimum front yazd setback; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 1, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith and said hearing was continued to October 15, 2007; and -1- PC2007 WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said heazing, does find and determine the following facts: 1. That the proposed reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation to retain apreviously-approved recreational vehicle storage facility with an accessory modulaz office unit is properly one for which a conditional use permit is authorized under authority of Code Section No. 18.14.030.140 (Outdoor Storage in the "T" zone) and Section 18.60.180 (Reinstatement of atime-limited permit) of the Anaheim Municipal Code. 2. That the proposal, as conditioned will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the use permit has been operated in substantially the same manner as originally approved by the Planning Commission. 3. That the Community Preservation Division indicates that no complaints have been received regazding the operation of this business, the conditions of approval have been complied with and the property is being properly maintained. 4. That the facts necessary to support each and every required showing for the original approval of the entitlement exist. 5. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health and safety of the citizens of the City of Anaheim. 7. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declazation previously approved in connection with Conditional Use Permit No. 2003-04816 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE iT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No. 2003-04816 to permit a recreational vehicle storage facility and an accessory modular office building with waivers of maximum fence and minimum front yazd setback BE IT FURTHER RESOLVED that Anaheim Planning Commission does hereby amend the conditions of approval, in their entirety, of Resolution No. 2004-18, adopted in connection with Conditional Use Permit No. 2003-04816 to read as follows: -p- PC2007 Modified conditions of approval are in bold. (a) That hours of operation shall be limited to: Monday through Saturday: 7:00 a.m. to 6:00 p.m. Sunday: 8:00 a.m. to 5:00 p.m. (b) That on-site management shall be present during the hours of operation (when the facility is open to the public). (c) That four (4) random security checks shall be conducted daily during the hours when the business is not in operation. 2. That the following operational restrictions shall be imposed: (a) No propane tanks or vehicle waste dumping shall be permitted. (b) No audible vehicle alarms shall be permitted.. (c) No on-site maintenance or repair of vehicles shall be permitted. (d) No storage of inoperable vehicles shall be permitted. (e) No canopies or overhead coverings of any kind shall be permitted. That all signage shall be limited to that shown on the submitted and approved exhibits. Any additional signs shall be submitted to the Planning Services Division for review and approval. Any staff decision regarding signs maybe appealed to the Planning Commission as a `Reports and Recommendations' item. 4. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 5. That the landscape planters shall maintain with live and healthy plants. 6. That plans shall be submitted to and approved by the City Traffic and Transportation Manager specifying how the vehiculaz security gates and vehicle turn-azound azea will function. Said gates and turn azound azea shall remain in conformance with plans. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to pazking standazds and driveway locations. Subject property shall remain in conformance with plans. 8. That no required parking azea shall be fenced or otherwise enclosed for outdoor storage use. -3- PC2007 That on-site trash truck tum-aoound area(s) shall be provided in accordance with Engineering Standazd Detail No. 610 and shall be shown on the plans submitted for building permits, as required by the Department of Public Works, Street Sweeping and Sanitation Division. 10. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim, a public utilities easement (dimensions will vary) across high voltage lines, low voltage lines, around all pad mounted transformers, switches and capacitors. Said easements shall be submitted to the City of Anaheim prior to connection of electrical service. 11. That lighting fixtures in any proposed pazking area and any other security lighting located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. The lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the azea. 12. That the property owner shall implement appropriate non-structural and structural Best Management Practices ("BMPs") as specified in the Orange County Drainage Area Management Plan ("DAMP"), Appendix G. The selected BMPs shall be implemented and maintained to minimize the introduction of pollutants entering the City of Anaheim storm water drainage system. 13. That trash storage area(s) shall remain in accordance with approved plans on file with the Public Works Department and Streets and Sanitation. The walls of the storage aeea(s) where visible off-site, shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. 14. That all existing water services shall conform to current Water Utility Standazds. 15. That the use of the Yale Avenue access shall be limited to emergency vehicles only. Said access shall be equipped with a "Knox Box" or similar device approved by the Fire Department. 16. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by':he Fire Department. 17. That the landscaping remain along Lincoln Avenue and the east property line abutting any residential land uses shall remain as an effective visual buffer and shall not be unreasonably pruned. 18. That the fifteen (15) foot high shrub screen proposed along a portion of the east property line shall extend the full length of the east property line abutting any residential land uses. -4- PC2007 19. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans aze on file with the Planning Department mazked Exhibit Nos. 1-A, 1-B, 2-A and 2-B, and as conditioned herein. 20. That final plans for the cazetaker's quarters shall be submitted to the Planning Services Division for review and approval. Any decision by the Zoning Division regarding the cazetaker's quarters maybe appealed to the Planning Commission as a `Reports and Recommendations' item. 21. That this entitlement shall only allow for the storage of vehicles within assigned spaces as shown on Exhibit Nos. 1-A and 1-B. No other on-site storage of any type shall be permitted and no storage shall occur in any azea on said exhibits designated for landscaping, circulation, or customer and employee pazking. 22. That as stipulated by the applicant, .security cameras shall monitor after hours outdoor activity. 23. That other than for a grand opening, `.special event permits' shall not be permitted in conjunction with this business. 24. 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 regazding any other applicable ordinance, regulation or requirement. 25. That the plans submitted for building and/or grading permits .shall show a fifteen (15) foot wide azea to be set aside for future trail access. Said trail shall have a minimum ten (10) foot cleazance from any obstructions including existing utility poles. The proposed eight (8) foot high-block walls parallel to Lincoln Avenue (shown on Exhibit Nos. 1-A and 1-B, labeled "Preliminary Site Plans") shall be designed to allow future removal of portions of the block walls in order to accommodate continuation of the trail across Lincoln Avenue. BE IT FURTHER RESOLVED that except as amended herein Conditional Use Permit No. 2003-04816 remain in full force and effect. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null :and void. -5- PC2007 BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SR. SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SR. SECRETARY, ANAHEIM PLANNING COMMISSION _g_ PC2007 PETITIONER'S uTAZ'EMEidT _ ' ;4tta~hrnent - ttem NQ. ~ .` SectioTt 16.60.1130 of the Anaheim Prtunicipai Code.requires that requests for reinstatements~;Qr renewratsofa trrrie- limited permitshalt be made in whiting rib later than six (6) monEhs'after the expiration date.of fhe paniiitsought3o be reinstated or renewed and must be accompanied by an appliaatiorifomt and the requjred filing fee. ', '- ,. , 1. In order to reinsta#e or renew. a permit, the facts necessary to support each and euery flndfag for the drlginat' apprbvaf of the erlfitlement'as setfor#h In the following excerpts from the Anaheim Zoning Gode still exist: 18.66.060 (Rotative'ta Conditional Use Permits) Before the approval authority, or.Clty Council on appeal, may approve a conditronal tise permit, it must make- afinding of fact, by resolution,. that the evidence presented shows'that all of toe feli6wing nonditohs is tequiredt ;_ . _. , _031 That the proposed use is properly one for which a conditional use permft is authorized by tfi'is. code, or is an unlistedUSe'as,dcfined in subsection;030 (Unlisted-Uses PermittetJ) of~Seetion 18,65.040. ' (Approval Authority); ` ~ ' :032. That the proposed use wilP.nat adversely affect itta adJpintrig land uses or the grvvrth'anc(davelopment ofi the area in which it is proposed to be Iota#ed; ..033 Thafihe sire and shape of the site proposed for the use is adequate to;allow the full develipinentuf . the proposed, use in a manlier not detrimental to,the particulararea ortb health 811d ,safety;;-. .:034 That the traffic generated py the Proposed ;use will nqt impose an undue burleri upon the streets,aiad . 'highways designed and irltproved to,carry ttie traffic in The area; and ~ - ` ...0.35 That t}te. granting of the condi6onai use permifunderttie conditions itnpose3• if ariy, veil ftottie . :detrimental to the health and safety,of the citizens of the City of y4naheim: ~ ;. , '` '. - ' ..98.74.060 (Relative to Varianci3sj ' ' "`' ` ' Before any variance rriay be granted by the approval authority.. or City Council on appeal, itshaU be showni -.0201 'c'hat there are special bircurnstances applicable to the property, mdttding §tze; ~liape, t"opograp6y, . ' - locafivn or surroundings;.which do not apply,to other;property undeiidgrttical ztiftng dassifigation m `. " the4icmity .. ::0202 That, because of special circumstances shown 1n..020t; strict applicatipn of the:~orting code deprives' ` the piYiperly of pnvtleges enJoyed by other prvpefry under lpettftcal zoning classit3patfon fo,3lewctrnty: ' 2 Satd permit or pariance:is being exorcised SubstanGally,in the"same manner end fn c4nforrttancewifh all ' conditions and 54pulatlins originally approved, ~ `-° •' 3 . Seid permit or variance is being exatcised n a manner not detrimental tp khe ~rarbcular area and surYaundmg ,: . land uses; riorto the pufilic peace, healffl safety and general welfare, and d ,With regard only to any'deledon.of a bole hmitalron,'suCn deletioq is, appropriate kecattse it has belx6 demonstrated that the use has operated in a'manner that is appropriate in the uridert~ng zone and the <, `surrounding area and.fhat fhe:periodic review of the use.in no?longer necessary andlpr, »rat dts3ribe ,detennlned that, dueao changed circumstances, the use is consistent with tki® City's loop-#erm glans fdr the - : _. ,. •area ln, order to defertnine if such. findings exist, and to'assist the Toning AdmipistratorQr Planning.>rommrssion to - amGe.at adecision, please. answer the following'questions fully and as campleia as possible:' Attach additronalr; ' - sheets. ff additional space is needed." _` 1 ~. Has any physival aspect of the property for which this use permit or variance been granted .changed ;~ . ,. °: signfficantiysince the issuance of this.usa permit or variance?. ' ' ' Yes ~ No 0;' . - ` ~ ~ ' ' Cover) `. CASE NQ _ . ,, ,_ ,_ Attachment -Item No. 2 RESOLUTION NO. PC2004-18 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2003-04816 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE EASTERLY 265 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B. AND M., IN THE RANCHO LOS COYOTES. EXCEPTING THEREFROM THE SOUTH 40 FEET THEREOF, AND ALSO EXCEPTING THEREFROM THE NORTH 60 FEET OF THE SOUTH 746.66 FEET THEREOF. THE WESTERLY 132.5 FEET OF THE EASTERLY 265 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B. AND M., IN THE RANCHO LOS COYOTES. EXCEPTING THEREFROM THE NORTHERLY 66 FEET THEREOF. THAT PORTION OF THE EASTERLY 265 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NOTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, LYING NORTHERLY OF THE NORTHERLY LINE OF THE STRIP OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED NOVEMBER 5, 1959 IN BOOK 4961, PAGE 395, AND RE-RECORDED IN BOOK 4991, PAGE 341, BOTH OF OFFICIAL RECORDS. IN THE OFFICE OF SAID COUNTY RECORDER WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 9, 2004 at 1;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 18.03 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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 that the hearing was continued from the January 12 and the January 26, 2004 Planning Commission meetings; WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideraticn of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.21:050.215 to permit a recreational vehicle storage facility and an accessory modular office building with waivers of the following: (a) Sections 18.04.043.100.101(al - Maximum fence heioht. 18.21.063.010 (3 feet permitted in the required setback along Lincoln Avenue; and 18.21.064.090 8 feet proposed) (b) Section 18.21.063.010 - Minimum front yard setback. (25 feet required along Lincoln Avenue; 8 to 20'/, feet proposed for Parcel 1) Cr\PC2004-018 -1- PC2004-18 2. That there are special circumstances applicable to these parcels consisting of shape, location and surroundings, which do not apply to other identically zoned properties in the vicinity; and, as _ discussed in paragraphs (16) and (17) of the Staff Report to the Planning Commission dated February 9, 2004, the waivers of maximum fence height and minimum front yard setback are a function of providing adequate clearance for maintenance of the existing Edison towers; and that the waivers pertain only to the portion of the project where needed to provide the necessary buffer around the towers and, therefore, strict application of the Zoning Code would deprive these properties of privileges granted to other existing ftS-A- 43,000 zoned properties in the vicinity. 3. That the proposed use will not, under the conditions imposed, adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area because the use does not generate a large number of vehicle trips and the project is designed with adequate on-site circulation. 6. That granting this conditional use permit, under the conditions imposed (Including prohibiting maintenance, washing and/or dumping waste in connection with the recreational vehicle storage facility), will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That one letter was received relaying concerns about the proposal; that one letter was received in opposition; and that no one indicated their presence at the public hearing in opposition. CALIFORNIA ENVfRONMENTAL QUALITY ACT FINDING: That the Anaheim Cily Planning Commission has reviewed the proposal to a recreational vehicle storage facility and an accessory modular office building with waivers of maximum fence height and minimum front yard setback on two parcels located on the north and south sides of Lincoln Avenue and described as follows: Parcel 1 - arectangular-shaped 4- acre parcel having a frontage 265 feet on the north side of Lincoln Avenue with a depth of 646 feet, being located 210 feet west of the centerline of La Reina Circle, and further described as 2721 West Lincoln Avenue; and Parcel 2 - a generally rectangular-shaped 1.8-acre parcel having a frontage of 132 feet on the south side of Lincoln Avenue with a depth of 660 feet, being located 587 feet west of the centerline of Stinson Street, and further described as 2720 West Lincoln Avenue; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: (a) That hours of operation shall be limited to Monday through Saturday: 7:00 a.m. to 6:00 p.m: Sunday: 8:00 a.m. to 5:00 p.m. (b) That on-site management shall be present during the hours of operation (when the facility is open to the public). (c) That four (4) random security checks shall be conducted daily during the hours when the business is not in operation. -2- PC2004-18 2. That the following operational restrictions shall be imposed: (a) No propane tanks or vehicle waste dumping shall be permitted. (b) No audible vehicle alarms shall be permitted. (c) No on-site maintenance or repair of vehicles shall be permitted. (d) No storage of inoperable vehicles shall be permitted. (e) No canopies or overhead coverings of any kind shall be permitted. 3. That all signage shall be limited to that shown on the submitted and approved exhibits. Any additional signs shall be submitted to the Zoning Division for review and approval. Any staff decision regarding signs may be appealed to the Planning Commission as a 'Reports and .Recommendations' item. 4. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased andlor dies. 5. That the landscape planters shall be permanently and professionally maintained with live and healthy plants. 6. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Such plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 7. That plans shall be submitted to and approved by the City Traffic and Transportation Manager specifying how the vehicular security gates and vehicle tum-around area will function. Said plans shall be implemented, and the property shall be maintained thereafter in conformance with said plans. 8. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 10. That on-site trash truck tum-around area(s) shall be provided in accordance with Engineering Standard Detail No. 610 and shall be shown on the plans submitted for building permits, as required by the Department of Public Works, Street Sweeping and Sanitation Division. 11. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim, a public utilities easement (dimensions will vary) across high voltage lines, low voltage lines, around all pad mounted transformers, switches and capacitors. Said easements shall be submitted to the City of Anaheim prior to connection of electrical service. 12. That lighting fixtures in any proposed parking area and any other secudty lighting located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. The lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area and said information shall be specified on the plans submitted for building permits. 13. That the property owner shall implement appropriate non-structural .and structural Best Management Practices ("BMPs") as specified in the Orange County Drainage Area Management Plan ("DAMP"), Appendix G. The selected BMPs shall be implemented and maintained to minimize the introduction of pollutants entering the City of Anaheim storm water drainage system. -3- PC2004-18 14. That if required, the legal property owner shall dedicate to the City of Anaheim an easement along the property line (dimensions will vary) for public utility purposes. 15. That any required relocation of City electrical utilities shall be at the expense of the property ownerldeveloper. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be outside the easement area of the equipment. Sold information shall be specifically shown on the plans submitted for building permits. 16. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, .and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from the adjacent streets or highways. The walls of the storage area(s) where visible off- site, shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three {3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 17. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 18. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division in either underground vaults or behind the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on the plans submitted for building permits. 19. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility 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. 20. That prior to the approval of the grading plan, a favorable check letter from Southern California Edison shall be submitted to the Public Works Department, Development Services Division, for review and approval. 21. That prior to issuance of a grading permit, the applicant shall submit a Water Quality Management Plan to the Public Works Department, Development Services Division, for review and approval. 22. That the property owner shall submit a letter to the Zoning Division requesting termination of Variance No. 3186 (waiver of permitted accessory uses to permit an office trailer in connection with a wholesale nursery). 23. That the use of the Yale Avenue access shall be limited to emergency vehicles only. Said access shall be equipped with a "Knox Box" or similar device approved by the Fire Department. 24. That all lockable pedestrian andlor vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 25. That the landscaping proposed along Lincoln Avenue and the east properly line abutting any residential land uses shall be maintained as an effective visual buffer and shall not be unreasonably pruned. 26. That the fifteen (16) foot high shrub screen proposed along a portion of the east property line shall be extended the full length of the east property line abutting any residential land uses. Said information shall be specifically shown on plans submitted to the Zoning Division for review and approval. 27. Proposed Condition No. 27 was intentionally deleted at the public hearing. -4- PC2004-18 28. That 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 Nos. 1-A, 1-8, 2-A and 2-B, and as conditioned herein. 29. That final plans for the caretaker's quarters shall be submitted to the Zoning Division for review and approval. Any decision by the Zoning Division regarding the caretaker's quarters may be appealed to the Planning Commission as a 'Reports and Recommendations' item. 30. That this entitlement shall only allow for the storage of vehicles within assigned spaces as shown on Exhibit Nos. 1-A and 1-B. No other on-site storage of any type shall be penmitted and no storage shall occur in any area on said exhibits designated for landscaping, circulation, or customer and employee parking. 31. That as stipulated by the applicant, security cameras shall be installed and maintained on-site to monitor after hours outdoor activity. Said information shall be specifically shown on the plans submitted for building permits. 32. That other than for a grand opening, 'special event permits' shall not be permitted in conjunction with this business. 33. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, 18, 20, 21, 22, 26, 29, 31 and 37, herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code: 34. That prior to final building and zoning inspections, Condition Nos. 23, 24 and 28, above-mentioned shall be complied with. 35. 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. 36. That this conditional use permit shall expire on February 9, 2007. 37. That the plans submitted far building and/or grading permits shall show a fifteen (15) foot wide area to be set aside for future trail access. Said trail shall have a minimum ten (10) foot clearance from any obstructions including existing utility poles. The proposed eight (8) foot high-block walls parallel to Lincoln Avenue (shown on Exhibit Nos. 1-A and 1-B, labeled "Preliminary Site Plans") shall be designed to allow future removal of portions of the block walls in order to accommodate continuation of the trail across Lincoln Avenue. 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. -5- PC2004-18 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 9, 2004. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST /ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 February 9, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of zooa. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2004-18 A8@aclatT'en8 m IEetrt N®. 2 ~Q~~ MAN®/~Y, FE~RIJA~~ 9, 200 Council Chamber, City Hail 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT-LINARES CHAIRPERSON PRO-TEMPORE: GAIL EASTMAN COMMISSIONERS PRESENT: PAUL BOSTWICK, KELLY BUFFA, CECILIA FLORES JERRY O'CONNELL, DAVID ROMERO COMMISSIONERS ASSENT: .NONE ~ " " STAFF PRESENT: Selma Mann, Assistant Gity Attorney "James Ling, Greg McCafferty, Principal Planner.- - EIIy.Morris,'^ Alfred Yalda, Principal"Transportation Planner + Danielle Ma AGENDA POSTING:.A complete copy of the Planning Commis: Thursday, Febtuary 5,2004, inside the display case located in the the outside diaplav kiosk.::: on Thursday, January 15, CALL F'LANfVIPBG WORKSHO • STAFF UPC DEVELOPA PLANNING . ooo`i~ninin RECESS TO AFTERNC RECONVENE TO PUBt For record keeping purp complete a speaker care PLEDGE OF ALLEGIANC PUBLIC COMMENTS CONSENT CALENDAR PUBLIC FIEARING ITEM: ADJOURNMENT „ ~ ~ .~ ;' 21NCi"SESSION " ~~' f P.M.' `~; t It fo the secretary,;: " ssioner Romero pperator j--a4 10:00 a.m. on ~a'rgbers, and also in ~. " the agenda, please Page 1 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES PUBLIC HEARING ITEMS: 3a. CEQA NEGATIVE DECLARATION Approved 3b, WAIVER OF CODE REQUIREMENT Approved 3b. CONDITIONAL USE PERMIT NO. 2003-04816 Granted OWNER: Southern Califomia Edison, 14799 Chestnut Street, Westminster, CA 92683 AGENT: Guthrie Ishiii Engineers, Inc., 5300 East Orange Avenue, Suite 221, Cypress, CA 90630 LOCATION: 2721 West Lincoln Avenue 8 2720 West Lincoln Avenue. Parcel 1: Property is approximately 4 acres, having a frontage of 265 feet on the north side of Lincoln Avenue, located 210 feet west of the centerline of La Reina Circle. Parcel 2: Property is approximately 1.8 acres, having a frontage of 132 feet on the south side of Lincoln Avenue, located 587 feet west of the centerline of Stinson Street. Request to permit recreational vehicle storage facility and an accessory modular office building with waivers of: (a) maximum wall height, .and (b) minimum front yard setback. Continued from the January 12 and January 26, 2004, Planning Commission Meetings. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-18 sr1142cw.doc Chairperson Pro-Tempore Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 3, Conditional Use Permit No. 2003-04816. Applicant's Testimony: Cliff Guthrie Ishii of Gliff Guthrie Ishii Engineers, representing the applicant, requested approval to permit a recreational vehicle storage facility and an accessory modular office building with waivers. He proposed, regarding Item No. 27, page 9, that in addition to having a security guard that would patrol randomly during closing hours, to have a web cam that would be accessible by anyone to see what was going on; to have a manager that would be on call; and to study it for a year to see if it would become a problem. THE PUBLIC HEARING WAS CLOSED. Commissioner Romero asked the frequency of the random security: Mr. Guthrie Ishii responded four times a night; an operator of a vehicle could only remove the vehicle or move it in during operating hours; at night the facility was closed up except for security guard access, and also Anaheim Public Officers and Southem Califomia Edison that might need to come on site. Commissioner Flores wished to clarify if the access gate would be available. Mr. Guthrie Ishii responded that the access gate would be available for Southem Califomia Edison and the City of Anaheim Officers emergency purposes. 02-09-04 Page 2 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES Chairperson Vanderbilt stated concern that there was a chance the web cam was being recorded on digital media. He asked if there would be a form of video camera that included a motion detector, and would set off an alarm to alert the security guards. , Mr. Guthrie Ishii responded yes, if an intruder should trigger the motion detector, it would trigger the alarm for the security company, and the ownership as well as security could respond. Chairperson Pro-Tempdre Eastman asked the applicant if he was successfully implementing the web cam security procedure at another facility or if he was drawing it from his own experience. Mr. Guthrie Ishii responded that it was a competitive effort, and web cam and card access, with a person on site during operating hours, was standard security procedure far all state-of-the-art RV storage facilities. • ® o e ® o OPPOSITION: A letter in opposition to the subject request was received prior to today's meeting. IN GENERAL: A letter relaying some concerns was received prior to today's meeting. ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2003-04816 (to permit a recreational vehicle storage facility and an accessory modular office building) subject to the conditions of approval as stated in the staff report dated February 9, 2004, with the following modifications: Modified Condition No. 1 td read as follows: 1. That hours of operation shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Saturday and 8:00 a.m. to 5:00 p.m, on Sunday. That on-site management shall be present during the hours of operation; and that four (4) random security checks, daily, shall be conducted during the hours in which the business is not in operation. Deleted Condition No. 27. Added the following conditions of approval to read as follows: That the conditional use permit shall expire on February 9, 2007. That plans submitted for building and or grading permits shall Indicate a 15-foot wide area to be set aside for future trail access. Said trail shall have a minimum of 10-foot clearance from any obstructions including existing utility poles. Furthermore, the proposed 8-foot high-block wall along Lincoln Avenue shall be designed to allow the removal of the portion of the wall needed to accommodate the continuation of the trail across Lincoln Avenue. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal dghts. DISCUSSION TIME: 17 minutes (1:58-2:15) 02-09-04 Page 3 Item No. 3 RS-2 ~ 1 D EACH PASO ROBLES DR a 1 U EACH x U 8 ) J, w 2 83 -28 RCL RS-2 ~ p CUP 1150 1 DU EACH ~ CUP 557 CUP 60 CUP 42 MOBILE HOME PARK OLINDA LN R -2 ¢ AREA A 1 DU EAC x z RS-2 N O ~ - - RCL 2006-00190 C7 CUP 2006-05175 p x - TTM 17139 Rg2 ~ w U ~ - GPA 2007.00460 1DU EA H ~~" 1DU p LINDACITA LN „ . rv S-2 1 DU EAC o 3~ vy2~ AREA B " ` ti T(MHP) "RCL 2006-00190 ~ RCL 82-83-28 ~ 'CUP 2006-05175~~~; N TTM 17139 r 1Du RS-3 a.r -fit".„. O 698 OCFG RCL 65-6 (Res. of Intent to RS-7200) 3 1 U CH a ~- w p vN ~ ~ m J'~ N T ~ O 6L 1 DU V-115 1 DU O RC 2006-00 62 O ~, CU 2006-0 130 RCL nas-st CUP 267 CUP 1854 2 DU VAR 3027 PHYSICAL THE Y I ORANGE AVEN UE F- rn General Plan Amendment No. 2007-00460 (Area A) Reclasstficalion No. 2006-00190 (Area A, Aree B) Conditional Use Permit No. 2006-05175 (Area A, Area B) Tentative Tract Map No. 17139 (Area A, Area B) Requested By: NATALIE TRAN OUYEN TRAN 237 South Beach Boulevard and 3100 West Lindacita Lane 51b ,UP 3591 200236 ~ V 359' c,P G- RCL 61~ O OL 1 ~bg9 cu zoo pc~ 2 o P ZL~P CUP'. CUP: O-L CUP'. RCL 73-7436 CUP: CUP 2002-04516 CUP T-CUP 2003-04698 CUP CUP3677 CUP CUP 3591 CUP CUP 3379 WEST P,' CUP 2473 MEDICAL CUP 1717 CUP 1656 WE5TANAHEIM MEDICAL CENTER .I ., ~ AREA A Date: Ocloher 15, 2007 • Scale: 1 Inch equals 200 feet ?s,~ AREAB O.S. No. 9 lozso :Date ofAedal Photo: Generel Plan Amendment No. 2007-00480 (Area A) Reclassification No. 2006-00190 (Area A, Area B) Conditional Use Permit No. 2006-05175 (Area A, Area B) Tentative Tract Map No. 17139 (Area A, Area B) Requested 8y: NATALIE TRAN QUYEN TRAM 237 South Beach Boulevard and 3100 West Lindacita Lane Suhject Property Date: t?ctoher 75, 2007 Sple: 1 inch = 200 feet D.S. No. 9 lozsa ITEM NO.3 PLANNING COMMISSION AGENI9A REPORT 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 BATE: OCTOBER 15, 2007 FROM: PLANNING DIRECTOR SUBJECT: GENERAL PLAN AMENDMENT N0.2007-00460 RECLASSIFICATION N0.2006-00190 CONDITIONAL USE PERMIT NO.2006-05175 WAIVER OF CODE REQUIREMENT TENTATIVE TRACT MAP NO. 17139 LOCATION: 3100 West Lindacita Lane (Portion A) and 237 South Beach Boulevazd (Portion B): APPLICANT/PROPERTY OWNERc The applicant is Mertco and the property owner is Natalie. and Quyen Tran. REQUEST: The applicant requests approval ofthe following applications to construct nine (9) single-family residences: (a) General Plan Amendment No.' 2007-00460'-The applicant requests withdrawal of this request. (b) Reclassification No. 2006-00190 -Request to reclassify Portion B from the Transition (T) zone to the Single-Family Residential (RS-4) zone. and to remove the Mobile Home Park (MHP) Overlay Zone. (c) Conditional Use Permit No. 2006-05175 Request to construct a 9-unit detached single-family: residential subdivision with waiver of the following provisions: ® Improvement of a private street - 2 sidewalks, 2 parkways and 28 Foot wide street required; 1 sidewalk on one side of street and pazkways not proposed for entire street. ® Minimum lot area -Withdrawn by applicant. (d) Tentative Tract Map No. 17139 -Request to establish a 10-unit detached single- . family subdivision for Portions A'and B. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a CEQA Negative Declazation. ' GENERAL PLAN AMENDMENT NO. 2007.00460 October I5, 2007. : (b) By motion, accept the applicant's request for withdrawal of General Plan Amendment No. 2007-00460. (c) By resolution; deny Reclassification No. 2006-00190 for Portion B. (d) By motion; deny the waiver of improvement of private street and accept the applicant's request to withdraw the waivef of minimum lot area. (e) By resolution;: deny Conditional Use Permit No. 2006-05175. (f) By mofion, deny Tentative Tract Map No. 1.7139. BACKGROOND: This hearing was continued from the July 9, August 20, September 5 and 17, 2007, Planning Commission meetings to allow the applicant to revise the plans to address the concerns expressed at the public heazings,; , These properties are developed with two single-family residences. One house is on Portion A and one is on Portion B. The General Plan designates Portion A for Low Density Residential land uses and Portion B forLow-Medium Density Residential land: uses. Properties to the north are designated for Low and Low-Medium Density Residential land uses; properties to the west are designated for Low Density Residential land uses; and properties to the east and south ate designated for Office-Low and Water land uses. PROPOSAL: The applicant requests a reclassification of Portion B from the Transition. (T) zone to the Single Family Residential (RS-4) zone.: The request also includes a conditional use permit and tentative tract map on Portions A and B to construct 9 detached single-family residences and to maintain an existing single-family residence, for a total often (10) residences. The original request to construct ten (10) residences discussed at the prior Commission hearing has been modified; therefore; a General Plan Amendment and Reclassification for Portion A is no longer required: The revised plan proposes one single-family residence on Portion A. The proposed home takes access off of the proposedprivate street and complies with all aspects of the' code for the existing single-family zone. Additional project details are provided in the attached Project 'Summary (Attachment No. 1). ANALYSIS: At the July 9; 2007, public hearing, members of the Commission and the public expressed the following concerns: o The General Plan Amendment would be inconsistent with the General Plan. o Increased traffic along Grand Avenueand Lindacita Lane: ® Lack of parking in the neighborhood. ® Concern with access through the private access easement between Cherokee Mobile Home Park and the existing property. GENERAL PLAN AMENDMENT NO. 2007-00460 October 15, 2007. Page3of6 The applicant has modified the proposal to construct nine new single-family residences: Although the project has been designed to comply with the General Plan, staff is concerned with. the waiver of parkway requirements for the proposed private street and a potentially unsafe condition fofvehicles traveling along GrandAvenue'and Lindacita Lane with the proposed private street alignment. The issues and project details aze described in the following paragraphs: Issuer General Plan Amendment The application originally included the construction of two residences on Portion A and a General Plan Amendment redesignating the parcel to the Low-Medium Density Residential land use designation:: Based upon concerns regazding the proposed higher density in a lower densityneighhorhood, the applicant has modified the request to, construct only one single-family residence to replace the existing house on Portion A. The property on Lindacita Lane would maintain the existing Single-Family Residential (RS-2) zone and. Low Density Residential landuse designation of the General Plan. Portion: B would`be rezoned from the Transition; Mobile Home Park Overly zone to the Single-Family Residential (RS-4) zone, consistent with the General Plan land use: designation ofLow-Medium Density Residential. Access to the 9 homes would be through' a private street on Portion A: The existing house on Portion $ would also have gatedaccess to Lindacita Lane as well: Issue: Traffic A fraffic study was prepared in February 2007 to evaluate the traffic impacts of the project on the adjacent neighborhood streets. Thi; study found thatthe proposed development would increase existing trips along Lindacita Lane'and Grand Avenue by less than 8%. The trips generated from these homes could be accommodated by the existing capacity of the street. Issue: Parking The. neighbors expressed concerns regardingspillover parking from the proposed residential development onto the adjacent streets: Code requires a minimum. of 36 pazking spaces and 44 parking spaces are available within the subdivision, including six (6) pazking spaces along the street, two (2) adjacent to the flood channel; and two (2) garage spaces and two (2) driveway spaces for each of the nine (9) new homes. The parkingprovided would be adequate for theproposed neighborhood and parking should ', notspillover into the existing neighborhood. The parking provided has not changed since the last hearing. GENERAL PLAN AMENDMENT N0.2007-004fi0 October 1S, 2007 Page 4 of 6 Issue: Access through mobile home park The existing home on Portion B benefits from an existing easement that allows access to Beach Boulevard through,the mobile home pazk. The: residents of the mobile home pazk are concerned about a potential increase in pedestrian and vehicular traffic through the mobile home park as a consequence of the new development. The plans indicate a gate' between the new subdivision and the'existing home that has access through the mobile home park. The private access easement is an agreement between the mobile home park. and the current property owner. Since the agreement is between private parties, the City cannot require its elimination br modification.': Issue:. Variations of setback requirements The project varies from code with'regazd to front and reaz yard setbacks for Lot Nos. 5, 6, 8 and 9: Rear yards are required to have. a setback of 15 feet, ands to 26 feet is proposed. The requested deviation of setbacks: is requested in order to create more useable private yard azea: Code requires the frpnt yard to have' a setback of 10 feet and 5 feet isproposed. i These modifications aze'allowed if the Commission finds that the deviations would'achieve a good project design, enhance the privacy and livability for residents within and around the project, and create a project that incompatible and consistent with surrounding land uses. Staff believes that the proposed design achieves these objectives. Issue: Waiver of improvement of a private street The applicant proposes' a private street with only'a parkway on a portion of the street. In addition; a sidewalk is not provided adjacent to the north property ine where there are no homes: Sidewalks are proposed on eachside of the'street within the development adjacent to the new homes. Public Works Standard Detail No: 162 requires a minimum private street width of 48 feet with a 28-foot street and 4-foot wide sidewalks and 6-foot wide parkways on both sides. A sidewalk is not necessary along the north property line since there are no homes on that side of the street. Staff believes the intent of the node is served aspedestrian access would be provided to each bf the residences. The request also. includes the elimination of parkways+to provideusable yards for the new homes: A pazkway is only proposed on one side of the street adjacent to Lots 2 through 5.' Theplan also indicates a Landscape planter at the entry of the street adjacent to the single-family residence to screen an exposed block wall. Staff believes that providing a parkway is important for a consistent streef design with the adjacent neighborhood which has both a sidewalk and parkway: It alsoprovides the depth necessary between the street and the property line for a proper driveway approach. The plan could be modified to reduce the amount yard area to provide the parkway along the street. GENERAL PLAN AMENDMENT NO. 2007:00460 October 15, 2007 Page 5 of 6 Issue: Unsafe ingress and egress Staff has evaluated the proposed street and access point from Grand Avenue and Lindacita Lane and believes the proposed street; as currently aligned, would create an unsafebondition for vehicles traveling along these streets. The location of the driveway within the knuckle of the street significantly reduces the visibility fora driver to see oncoming traffic along Grand Avenue: A Multi-way Stop Sign Warrant analysis was completed to determine whether the addition bf stop signs could mitigate visibility concerns along the adjacent streets. The analysis determined thatthe addition of three stop signs on Grand Avenue, Lindacita Lane and the proposed street wi1T improve the traffic conditions and address the visibility concems. The. stop signs would also reduce the speed of traffic along the public streets which was a concern raised by the community at the prior`public hearings: Staff is supportive of the addition of these stop signs. The proposed entry for the project will result in an unsafe condition for vehicles exiting the property. Although the driveway of the project remains in the existing location, the. function of the access changes from a driveway to a private street: There would be more vehicles usingthe driveway: The proposed entry for the project will placeopposing traffic onthe same path along Lindacita Lane because the exit lane of the private street lines up with traffic going eastbound on Lindacita Lane: Furthermore, in the evening hours where visibility is more limited, the headlights of vehicles could blind the drivers. of the opposing traffic. This will create an unsafe condition because vehicles traveling along Lindacita Lane and theproposed private street could collide head-on: Therefore, due to the safety concerns, staff does not recommend approval of this project as currently proposed: Staff has recommended to the applicant an alternative site design to mitigate the concems regarding traffic safety and to incorporate the7equred parkways: Staff has recommended that the access be located along the west property line so that the exit lane from the private street would not directly lineup with opposing traffic. The modification to the private street location may result in Portion A being smaller in area than required by Code: However, this waives has already been advertised and can be considered by the Commission. The use of alternative floor plans, as currently proposed for Lots 2 and 4, would allow the project to provide both the required parkway and meet the code required building setbacks. Staff has discussed these options with the applicant and he is not willing to revise the plans to alleviate staff s safety concerns: Although the proposal has improved since the last public hearing, staff cannofsupport the project due to the waiver of the street design and the safety concems pertaining to access: Therefore, staff recommends denial of the request. Staff would recommend approval; however, if the applicant modified the plans to address the street design and safety concerns described above. GENERAL PLAN AMENDMENT N0.2007-00460 October I5, 2007 Page 6 of 6 Respectfully submitted, Concurred by, ~ ~ ~r~J/JSi~"" ~; _. c Acting Principal Planner Planning Director Attachments L Project Summary 2. Letter of Response. from Applicant 3. Justification of Waiver Form 4. Draft Reclassification Resolution for approval 5: Draft Reclassification Resolution for denial 6. Draft Conditional Use Permit Resolution for approval 7: Draft Conditional Use Permit Resolution for denial 8. , Draft Tentative Tract Map Resolution fof approval I 9. Draft Tentative Tract Map Resolution for denial ATTACHMENT NO. 1 PROJECT SUMMARY GPA2007-00460 Develo ment Standards Pro osed Pro'ect RS-4 Zone Standards Site Area 1.95 acres (84,942 s.f) N7A Densit 8.3 d.u. er acre 11 (d.u. er acre) Average Net Land Area per 3,677 s.f. Determined by CUP Unit (exclusive of access easement) Avera e Lot Covera e 40.4% 50% Parking 2 enclosed & 2 open spaces 2 enclosed & 2 open per unit spaces per unit 44 s aces total 36 s aces total Lot Lot Size (s.f.) Frout Setback (10 feet re aired Side Setback (5 feet re aired Rear Setback (15 feet re aired 1 ! 7,961 25 feet 10-19 feet 35 feet 2 3,561 20 feet 5 feet 23 feet 3 3,596 10 feet 5 feet 20 feet 4 3,606 20 feet 5 feet 24 feet 5 3,578 16 feet 5-15 feet 14* feet 6 3,953 20feet 5 feet 14-26* feet 7 3,350 18 feet 5 feet 18-25 feet 8 3,371 5* feet 10-18 feet 5-12* feet 9 3,372 5* feet 10-IS feet 5 feet* 10 31,089 N/A N/A N/A *Modification of setbacks is allowed by conditional use permit in order to achieve good project design, privacy, livability, and compatibility with surrounding uses. [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2006-00190 BE DENIED (237 SOUTH BEACH BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for certain real property situated in the City of Anaheim, County of Orange, State of California described as follows: THAT PORTION OF THE WEST 5 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE(S) i 1, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.. THAT LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND NORTHWESTERLY 45.00 FEET FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTER LINE INTERSECTION OF ORANGE AVENUE AND WESTERN AVENUE IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID INTERSECTION IS SHOWN IN COUNTY OF SURVEYOR'S TRANSIT BOOK 114, PAGE 32 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID ORANGE COUNTY ON OCTOBER 23, 1957; THENCE SOUTH 0°33'45" EAST, ALONG SAID WESTERN AVENUE CENTER LINE 199.71 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED, SAID POINT ALSO BEING DISTANT NORTH 0°33'45" WEST ALONG SAID WESTERN AVENUE CENTER LINE 2468.65 FEET FROM THE CENTER LINE OF BALL ROAD, AS SHOWN IN SAID TRANSIT IN BOOK 114, PAGE 32 ON OCTOBER 23, 1957; THENCE FROM SAID TRUE POINT OF BEGINNING NORTHEASTERLY ALONG A CURVE NON-TANGENT, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1600.00 FEET THROUGH A CENTRAL ANGLE OF 1°00'05" AN ARC DISTANCE OF 27.96 FEET TO A LINE TANGENT; THENCE NORTH 67°32' 10" EAST, 2073.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1800.00 FEET; CR~PC2007- -1- PC2007- THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°58'50", AND RANCHO CUCAMONGA DISTANCE OF 313.55 FEET OT A LINE TANGENT; THENCE NORTH 57°33'20" EAST, 497.62 FEET TO A POINT IN THE CENTER LINE OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR'S OF SAID COUNTY ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON NORTH 0°26'40" WEST, 983.26 FEET FROM THE CENTER LINE OF ORANGE AVENUE AS SHOWN IN SAID TRANSIT BOOK 107, PAGE 11 ON OCTOBER 29, 1957, AND ALSO BEING DISTANT THEREON SOUTH 0°26'40" EAST, 1868.30 FEET FROM THE CENTER LINE OF LINCOLN AVENUE AS SHOWN IN SAID TRANSIT IN BOOK 107, PAGE 11, ON OCTOBER 29, 1957. A PERPETUAL NON-EXCLUSIVE SURFACE EASEMENT FOR VEHICULAR INGRESS AND EGRESS OVER A STRIP OF LAND 30.00 FEET IN WIDTH SITUATED WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN B BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE CENTER LINE OF SAID 30.00 FOOT STRII' BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE WESTERLY ALONG THE NORTHERLY LINSOF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST 40.00 FEET TO THE WESTERLY LINE OF SAID BEACH BOULEVARD AS NOW ESTABLISHED; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BEACH BOULEVARD SOUTH 0° 10' 15" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE THAT IS PARALLEL TO AND 25..00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST 319.00 FEET; THENCE SOUTH 51°18'09" WEST 86.58 TO A LINE THAT IS PARALLEL TO AND 85.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID PARALLEL LINE SOUTH 89°36'49" WEST 436.00 FEET; _2_ PC2007- THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14 SOUTH 0°17'30" EAST 565.28 FEET MORE OR LESS TO A POINT THAT IS 15.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES, OF THE SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE EASTERLY PARALLEL WITH SAID SOUTHERLY LINE NORTH 89°36'03" EAST 130,00 FEET. EXCEPTING THEREFROM Tl fAT CERTAIN PORTION THEREOF PARTICULARLY DESCRIBED 1N DEED FROM CHEROKEE MOBILE GARDENS, A LIMITED PARTNERSHIP TO ELIZABETH LANCASTER AND GEORGE MILES LANCASTER, RECORDED AS INSTRUMENT NO. 15932 ON NOVEMBER 11, 196 IN BOOK 11957, PAGE 1929, OFFICIAL RECORDS OF ORANGE COU:~ITY CALIFORNIA. LOT 35 OF TRACT 2611, INTiIE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 80, PAGES 29 AND .,0, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 11, 200?, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to h~ ar and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 25, July 9, August 20, September 5, and 17 2007, Planning Commission meeting; and WHEREAS; said Comm anion, 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 fol.owing facts: 1. The applicant requests for reclassification ofPortion Bfrom the T (MHP) (Transition, Mobile Home Park Overlay) zone to the RS-4 (Single Family Residential) zone. 3. That .although the Anahei m General Plan designates this property and the property to the north for Low-Medium Density Residential land uses, the proposed entry for the project will result in an unsafe condition for vehicles exiting the property by placing opposing traffic on the same path along Lindacita Lane. 4. That without safe egress Iiom the parcel, a reclassification to allow additional residential units would not be appropria~e for this site. _3_ PC2007- 5. That *** indicated their ~iresence at said public hearing in opposition; and that *** correspondence was received in opposition [o the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative Declaration upon finding that the declar:dion reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby deny subject Petition for Reclassification onthe basis of the aforementioned findings found to be a prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of .S~iaheim: BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ~_ PC2007- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREO.', I have hereunto set my hand this day of . 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -S- PC2007- [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2006-00190 BE APPROVED (237 SOUTH BEACH BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for certain real property situated in the City of Anaheim, County of Orange, State of California described as follows: THAT PORTION OF THE WEST 5 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE(S) 11, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THAT LIES NORTHWESTERLY OF A LINE PARALLEL WTI'H AND NORTHWESTERLY 45.00 FEET FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTER LINE INTERSECTION OF ORANGE AVENUE AND WESTERN AVENUE IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID INTERSECTION IS SHOWN IN COUNTY OF SURVEXOR'S TRANSIT BOOK 114, PAGE 32 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID ORANGE COUNTY ON OCTOBER 23, 1957; THENCE SOUTH 0°33'45" EAST, ALONG SAID WESTERN AVENUE CENTER LINE 199.71 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED, :SAID POINT ALSO BEING DISTANT NORTH 0°33'45" WEST ALONG SAID WESTERN AVENUE CENTER LINE 2468.65 FEET FROM THE CENTER LINE OF BALL ROAD, AS SHOWN IN SAID TRANSIT IN BOOK 114, PAGE 32 ON OCTOBER 23, 1957; THENCE FROM SAID TRUE POINT OF BEGINNING NORTHEASTERLY ALONG A CURVE NON-TANGENT, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1600.00 FEET THROUGH A CENTRAL ANGLE OF 1°00'05" AN ARC DISTANCE OF 27.96 FEET TO A LINE TANGENT; THENCE NORTH 67°32' 10" EAST, 2073.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 1800.00 FEET; CR~PC2007- -I- PC2007- THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°58'50", AND RANCHO CUCAMONGA DISTANCE OF 313.55 FEET OT A LINE TANGENT; THENCE NORTH 57°33'20" EAST, 497.62 FEET TO A POINT' IN THE CENTER LINE OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR'S OF SAID COUNTY ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON NORTH 0°26'40" WEST, 983.26 FEET FROM THE CENTER LINE OF ORANGE AVENUE AS SHOWN IN SAID TRANSIT BOOK 107, PAGE 11 ON OCTOBER 29, 1957, AND ALSO BEING DISTANT THEREON SOUTH 0°26'40" EAST, 1868.30 FEET FROM THE CENTER LINE OF LINCOLN AVENUE AS SHOWN IN SAID TRANSIT IN BOOK 107, PAGE 11, ON OCTOBER 29, 1957. A PERPETUAL NON-EXCLUSIVE SURFACE EASEMENT FOR VEHICULAR INGRESS AND EGRESS OVER A STRIP OF LAND 30.00 FEET IN WIDTH SITUATED WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN B BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE CENTER LINE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST 40.00 FEET TO THE WESTERLY LINE OF SAID BEACH BOULEVARD AS NOW ESTABLISHED; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BEACH BOULEVARD SOUTH 0°10'15" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE THAT IS PARALLEL TO AND 25.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST 319.00 FEET; THENCE SOUTH 51°18'09" WEST 86.58 TO A LINE THAT IS PARALLEL TO AND 85.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID PARALLEL LINE SOUTH 89°36'49" WEST 436.00 FEET; _2_ PC2007- THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14 SOUTH 0°17'30" EAST 565.28 FEET MORE OR LESS TO A POINT THAT IS 15.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES, OF THE SOUTHERLY LINE OF THE NORTH HALF OF THE. SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE EASTERLY PARALLEL WITH SAID SOUTHERLY LINE NORTH 89°36'03" EAST 130.00 FEET. EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF PARTICULARLY DESCRIBED IN DEED FROM CHEROKEE MOBILE GARDENS, A LIMITED PARTNERSHIP TO ELIZABETH LANCASTER AND GEORGE MILES LANCASTER, RECORDED AS INSTRUMENT NO. 15932 ON NOVEMBER 11, 1976 IN BOOK 11957, PAGE 1929, OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA. LOT 35 OF TRACT 2611, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 80, PAGES 29 AND 30, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 11, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 25, July 9, August 20, September 5, and 17 2007, Planning Commission meeting; 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 applicant requests for reclassification of Portion B from the T (MHP) (Transition, Mobile Home Parlc Overlay) zone to the RS-4 (Single Family Residential) zone. 2. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. -3- PC2007- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition For Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the T (MfIP) (Transition, Mobile Home Parlc Overlay) Zone and to incorporate said described property into the RS-4 (Single-Family Residential) Zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1, above-mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use Permit No. 2006-05175 and Tentative Tract Map No. 17139. 4. 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 this resolution shall not constitute a rezoning of, or a conamitment 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 maybe approved or denied by the City Council at its sole discretion. _4_ PC2007- BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby Find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance ofrequired permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. Said resolution is subject to tUe appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHI"sREOF, 1 have hereunto set my hand this day of . 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007- [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05175 BE GRANTED (237 SOUTH BEACH BOULEVARD AND 3100 WEST LINDACITA LANE) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California described as follows: THAT PORTION OF THE WEST 5 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE(S) 11, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THAT LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND NORTHWESTERLY 45.00 FEET FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTER LINE INTERSECTION OF ORANGE AVENUE AND WESTERN AVENUE IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID INTERSECTION IS SHOWN IN COUNTY OF SURVEYOR'S TRANSIT BOOK 114, PAGE 32 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID ORANGE COUNTY ON OCTOBER 23, 1957; THENCE SOUTH 0°33'45" EAST, ALONG SAID WESTERN AVENUE CENTER LINE 199.71 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED, SAID POINT ALSO BEING DISTANT NORTH 0°33'45" WEST ALONG SAID WESTERN AVENUE CENTER LINE 2468.65 FEET FROM THE CENTER LINE OF BALL ROAD, AS SHOWN IN SAID TRANSIT IN BOOK 114, PAGE 32 ON OCTOBER 23, 1957; THENCE FROM SAID TRUE POINT OF BEGINNING NORTHEASTERLY ALONG A CURVE NON-TANGENT, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1600.00 FEET THROUGH A CENTRAL ANGLE OF 1°00'05" AN ARC DISTANCE OF 2796 FEET TO A LINE TANGENT; THENCE NORTH 67°32' 10" EAST, 2073.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 1800.00 FEET; CR~PC2007- -I- PC2007- THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°58'50", AND RANCHO CUCAMONGA DISTANCE OF 313.55 FEET OT A LINE TANGENT; THENCE NORTH 57°33'20" EAST, 497.62 FEET TO A POINT IN THE CENTER LINE OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR'S OF SAID COUNTY ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON NORTH 0°26'40" WEST, 983.26 FEET FROM THE CENTER LINE OF ORANGE AVENUE AS SHOWN IN SAID TRANSIT BOOK 107, PAGE 11 ON OCTOBER 29, 1957, AND ALSO BEING DISTANT THEREON SOUTH 0°26'40" EAST, 1868.30 FEET FROM THE CENTER LINE OF LINCOLN AVENUE AS SHOWN IN SAID TRANSIT IN BOOK 107, PAGE 11, ON OCTOBER 29, 1957. A PERPETUAL NON-EXCLUSPJE SURFACE EASEMENT FOR VEHICULAR INGRESS AND EGRESS OVER A STRII' OF LAND 30.00 FEET IN WIDTH SITUATED WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN B BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE CENTER LINE OF SAID 30..00 FOOT STRIP BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST 40:00 FEET TO THE WESTERLY LINE OF SAID BEACH BOULEVARD AS NOW ESTABLISHED; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BEACH BOULEVARD SOUTH 0°10' 15" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE THAT IS PARALLEL TO AND 25.00 FEET. SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST'319.00 FEET; THENCE SOUTH 51°18'09" WEST 86.58 TO A LINE THAT IS PARALLEL TO AND 85.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID PARALLEL LINE SOUTH 89°36'49" WEST 436.00 FEET; _z_ PC2007- THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14 SOUTH 0°17'30" EAST 565.28 FEET MORE OR LESS TO A POINT THAT IS 15.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES, OF THE SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE EASTERLY PARALLEL WITH SAID SOUTHERLY LINE NORTH 89°36'03" EAST 130.00 FEET. EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF PARTICULARLY DESCRIBED IN DEED FROM CHEROKEE MOBILE GARDENS, A LIMITED PARTNERSHIP TO ELIZABETH LANCASTER AND GEORGE MILES LANCASTER, RECORDED AS INSTRUMENT NO. 15932 ON NOVEMBER 11, 1976 IN BOOK 11957, PAGE 1929, OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA. LOT 35 OF TRACT 2611, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED. IN BOOK 80, PAGES 29 AND 30, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 11, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence For and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 25, July 9 August 20, September 5, and 15, 2007, Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due considerakion of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the request to construct nine (9) single-family homes in the RS-4 zone, fronting on a private street, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.04.030.080 and 18.04.160.010 with waivers of the following: CODE SECTION N0.18.40:060.030 Imarovement of urivate street. L2 sidewalks, 2 pazkways and 28 foot wide street required; 1_2 sidewalks, 0 pazkway, 28 foot wide street proposed) CODE SECTION NO. 18.04.040.010 Minimum lot azea. (Withdrawn by applicant) -3- PC2007- z. 3. 4. 5. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative Declazation upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the citizens of the City of Anaheim:: 1. That street improvement plans shall be submitted indicating the addition of three (3) stop signs located at Lindacita Avenue, Grand Avenue and the proposed street. All improvements shall be completed prior to final building and zoning inspection. 2. That final fencing plans in compliance with Zoning Code requirements for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show a block wall along the north property line with a height of 3-feet within the front 25-feet and transition to 6-feet. 3. That final detailed elevation plans including colors and materials shall be submitted to the Planning Services Division for review and approval. Any decision by staff regazding said plans maybe appealed to the Planning Commission as a "Reports and Recommendations" item. 4. That prior to issuance of the first building permit, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 5. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. _4_ rczoo~- 6. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 7. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and{or appropriate building materials. Said information shallbe specifically shown on the plans submitted for building permits. 8. That an automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department. Such information shall be specifically shown on the plans submitted for building permits.. 9. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review .and approval of the appropriate City departments. 10. That any required relocation of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 11. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street. That if gates are proposed, such installation shall conform to Engineering Standazd Plan No. 475 and shallbe subject to the review and approval of the City Traffic and Transportation Manager. Said information shallbe specifically shown on plans submitted for building permits. 12. That plans shallbe submitted to the City Traffic and Transportation Manager for review and approval of wall and fence locations to determine conformance with Engineering Standazd No. 115. 13. That the owner shallbe responsible for the relocation/removal of any traffic signal equipment or any other related equipment in the event that street widening or the new driveway entry conflict with existing equipment. 14. That the applicant shall provide a site plan and details, displaying the storage location of trash barrels and the location of trash barrels to be collected on trash day. 15. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standazds. Any other large water system equipment shallbe installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback azeas in a manner fully screened from all public streets and alleys. Said information shallbe shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. _5- PC2007- 16. That all existing water services and fire lines shall conform to current Water Services Standards Specification. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The applicant shall be responsible for the costs to upgrade or abandon any water service or fire line. 17. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.. 18. That final landscape plans shall be submitted to the Planning Services Division for review and approval. Said plan shall show 24-inch box size trees, shrubs, groundcover and clinging vines on all walls visible from the public right-of--way and within landscape setbacks. Any decision made by the Planning Services Division regarding said plan maybe appealed to the Planning Commission as a "Reports and Recommendation" item. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Said information shall be specifically shown on the plans submitted for building permits. Prior to issuance of a grading permit the following conditions shall be complied with: 19. That prior to the issuance of grading permit, the applicant shall submit a Final Water Quality Management Plan to the Public Works Department Development Services Division for review and approval. 20. That prior to the issuance of grading permit, the applicant shall submit a Drainage Study prepazed by a registered professional Civil Engineer in the State of California. The study shall be based upon and reference the latest edition of the Orange County Hydrology Manual, the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The study shall include: an analysis of 10-, 25- and 100-yeaz storm frequencies; and analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/or on-site drainage improvements (such as detention retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. Prior to foal building and zoning inspections the following conditions shall be complied with: 21. That prior to issuance of certificate of occupancy, the applicant shall: ® Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. ® Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP _6. PC2007- Demonstrate that an adequate number of copies ofthe approved Project WQMP aze available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 22. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning Department marked Exhibit Nos. 1 through 7, and as conditioned herein. General Conditions: 23. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 24. That this Conditional Use Permit is granted subject to the approval of Reclassification No. 2006-00190, and approval and recordation of Tentative Tract Map No. 17139, now pending. 25. That the CC&Rs for the development shall include provisions that requires that the two-car gazages be utilized for the parking of vehicles. 26. 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. 27. That timing for compliance with conditions of approval maybe 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2007- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _$_ rczoo7- [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO.2006-05175 BE DENIED (237 SOUTH BEACH BOULEVARD AND 3100 WEST LINDACITA LANE) WHEREAS, the Anaheim Planning Commission did receive a verified petition For Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California described as follows: THAT PORTION OF THE WEST 5 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE(S) 11, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THAT LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND NORTHWESTERLY 45.00 FEET FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTER LINE INTERSECTION OF ORANGE AVENUE AND WESTERN AVENUE IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID INTERSECTION IS SHOWN IN COUNTY OF SURVEYOR'S TRANSIT BOOK 114, PAGE 32 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID ORANGE COUNTY ON OCTOBER 23, 1957; THENCE SOUTH 0°33'45" EAST, ALONG SAID WESTERN AVENUE CENTER LINE 199.71 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED, SAID POINT ALSO BEING DISTANT NORTH 0°33'45" WEST ALONG SAID WESTERN AVENUE CENTER LINE 2468.65 FEET FROM THE CENTER LINE OF BALL ROAD, AS SHOWN IN SAID TRANSIT IN BOOK 114, PAGE 32 ON OCTOBER 23, 1957; THENCE FROM SAID TRUE POINT OF BEGINNING NORTHEASTERLY ALONG A CURVE NON-TANGENT, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1600.00 FEET THROUGH A CENTRAL ANGLE OF 1°00'05" AN ARC DISTANCE OF 27.96 FEET TO A LINE TANGENT; THENCE NORTH 67°32' 10" EAST, 2073.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 1800.00 FEET; CR~PC2007- -1- PC2007- THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°58'50", AND RANCHO CUCAMONGA DISTANCE OF 313.55 FEET OT A LINE TANGENT; THENCE NORTH 57°33'20" EAST, 497.62 FEET TO A POINT IN THE CENTER LINE OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR'S OF SAID COUNTY ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON NORTH 0°26'40" WEST, 983.26 FEET FROM THE CENTER LINE OF ORANGE AVENUE AS SHOWN IN SAID TRANSIT BOOK 107, PAGE 11 ON OCTOBER 29, 1957, AND ALSO BEING DISTANT THEREON SOUTH 0°26'40" EAST, 1868.30 FEET FROM THE CENTER LINE OF LINCOLN AVENUE AS SHOWN IN SAID TRANSIT IN BOOK 107, PAGE 11, ON OCTOBER 29, 1957. A PERPETUAL NON-EXCLUSIVE SURFACE EASEMENT FOR VEHICULAR INGRESS AND EGRESS OVER A STRIP OF LAND 30.00 FEET IN WIDTH SITUATED WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN B BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE CENTER LINE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST 40.00 FEET TO THE WESTERLY LINE OF SAID BEACH BOULEVARD AS NOW ESTABLISHED; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BEACH BOULEVARD SOUTH 0°10' 15" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE THAT IS PARALLEL TO AND 25.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST 319.00 FEET; THENCE SOUTH 51°18'09" WEST 86.58 TO A LINE THAT IS PARALLEL TO AND 85:00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID PARALLEL LINE SOUTH 89°36'49" WEST 436.00 FEET; _Z_ PC2007- THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14 SOUTH 0°17'30" EAST 565.28 FEET MORE OR LESS TO A POINT THAT IS 15.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES, OF THE SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE EASTERLY PARALLEL WITH SAID SOUTHERLY LINE NORTH 89°36'03" EAST 130.00 FEET. EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF PARTICULARLY DESCRIBED IN DEED FROM CHEROKEE MOBILE GARDENS, A LIMITED PARTNERSHIP TO ELIZABETH LANCASTER AND GEORGE MILES LANCASTER, RECORDED AS INSTRUMENT NO. 15932 ON NOVEMBER 11, 1976 IN BOOK 11957, PAGE 1929, OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA. LOT 35 OF TRACT 2611, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 80, PAGES 29 AND 30, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 11, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 25, July 9, August 20, September 5, and 17, 2007, Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the request to construct nine (9) single-family homes in the RS-4 zone, fronting on a private street, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.04.030.080 and 18.04.160.010 with waivers of the following: CODE SECTION N0.18.40.060.030 Improvement of private street. (2 sidewalks, 2 pazkways and 28 foot wide street required; 11=2 sidewalks, 00=1 parkway, 28 foot wide street proposed) CODE SECTION NO. 18.04:040.010 Minimum lot area. (Withdrawn by applicant) -3- PC2007- 2. That waiver (a) pertaining to the improvement of a private street is hereby denied as the waiver of required parkway requirements would create an inconsistent street design with the adjacent neighborhood which has both a sidewalk and parkway. 3. That waiver (b) pertaining to minimum lot area is hereby denied because it has been withdrawn by the applicant. ' 4. That the proposed use will adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project's access onto Lindacita Lane and Grand Avenue would create an unsafe condition for vehicles exiting the property by placing opposing traffic directly in line with one another. Vehicles exiting the project would be on the same path on Lindacita Lane as the traffic going eastbound on Lindacita Lane. 5. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby deny subject Petition for Conditional Use Permit on the basis of the aforementioned findings 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapt 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ~_ PC2007- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of - 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007- [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR TENTATIVE TRACT MAP NO. 17139 BE GRANTED (3100 WEST LiNDACITA LANE AND 237 SOUTH BEACH BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Tract Map for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE WEST 5 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE(S) 11, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THAT LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND NORTHWESTERLY 45.00 FEET FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTER LINE INTERSECTION OF ORANGE AVENUE AND WESTERN AVENUE IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID INTERSECTION IS SHOWN IN COUNTY OF SURVEYOR'S TRANSIT BOOK 114, PAGE 32 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID ORANGE COUNTY ON OCTOBER 23, 1957; THENCE SOUTH 0°33'45" EAST, ALONG SAID WESTERN AVENUE CENTER LINE 199.71 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED, SAID POINT ALSO BEING DISTANT NORTH 0°33'45" WEST ALONG SAID WESTERN AVENUE CENTER LINE 2468.65 FEET FROM THE CENTER LINE OF BALL ROAD, AS SHOWN IN SAID TRANSIT IN BOOK 114, PAGE 32 ON OCTOBER 23, 1957; THENCE FROM SAID TRUE POINT OF BEGINNING NORTHEASTERLY ALONG A CURVE NON-TANGENT, CONCAVE NORTHWESTERLY HAVING A RADNS OF 1600.00 FEET THROUGH A CENTRAL ANGLE OF 1°00'05" AN ARC DISTANCE OF 27.96 FEET TO A LINE TANGENT; THENCE NORTH 67°32' 10" EAST, 2073.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 1800.00 FEET; CrCPC2007-0 -I- PC2007- THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°58'50", AND RANCHO CUCAMONGA DISTANCE OF 313.55 FEET OT A LINE TANGENT; THENCE NORTH 57°33'20" EAST, 497.62 FEET TO A POINT IN THE CENTER LINE OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR'S OF SAID COUNTY ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON NORTH 0°26'40" WEST, 983.26 FEET FROM THE CENTER LINE OF ORANGE AVENUE AS SHOWN IN SAID TRANSIT BOOK 107, PAGE 11 ON OCTOBER 29, 1957, AND ALSO BEING DISTANT THEREON SOUTH 0°26'40" EAST, 1868.30 FEET FROM THE CENTER LINE OF LINCOLN AVENUE AS SHOWN IN SAID TRANSIT IN BOOK 107, PAGE 11, ON OCTOBER 29, 1957. EXCEPT THEREFROM ALL OIL, GAS MINERALS AND OTHER HYDROCARBONS BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORD. A PERPETUAL NON-EXCLUSIVE SURFACE EASEMENT FOR VEHICULAR INGRESS AND EGRESS OVER A STRIP OF LAND 30.00 FEET IN WIDTH SITUATED WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE ll WEST, SAN B BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE CENTER LINE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST 40.00 FEET TO THE WESTERLY LINE OF SAID BEACH BOULEVARD AS NOW ESTABLISHED; THENCE SOUTHERLY ALONG THE ~'VESTERLY LINE OF SAID BEACH BOULEVARD SOUTH 0°10' 15" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE THAT IS PARALLEL TO AND 25.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST 319.00 FEET; _2_ PC2007- THENCE SOUTH 51°18'09" WEST 86.58 TO A LINE THAT IS PARALLEL TO AND 85.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID PARALLEL LINE SOUTH 89°36'49" WEST 436.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14 SOUTH 0°17'30" EAST 565.28 FEET MORE OR LESS TO A POINT THAT IS 15.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES, OF THE SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE EASTERLY PARALLEL WITH SAID SOUTHERLY LINE NORTH 89°36'03" EAST 130:00 FEET. EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF PARTICULARLY DESCRIBED IN DEED FROM CHEROKEE MOBILE GARDENS, A LIMITED PARTNERSHIP TO ELIZABETH LANCASTER AND GEORGE MILES LANCASTER, RECORDED AS INSTRUMENT NO. 15932 ON NOVEMBER 11, 1976 IN BOOK 11957, PAGE 1929, OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA.. LOT 35 OF TRACT 2611, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 80, PAGES 29 AND 30, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET BUT WITHOUT THE RIGHT OF SURFACE ENTRY TO TAKE, MARKET OR DRILL FOR SAME. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 11, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed tentative tract map and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 25, July 9, August 20, September 5; and 17, 2007 Planning Commission meeting; 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: -3- PC2007- That the proposed tentative map 2. That 3. That 4. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RE50LVED that the Anaheim Planning Commission does hereby grant subject Petition for Tentative Tract Map, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: NOW, THEREFORE, BE IT RESOLVED that the Anaheim Flanning Commission does hereby approve subject Petition for Tentative Tract Map on the basis of the aforementioned findings 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: 1. That the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 2. The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attomey, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer and then recorded concurrently with the final parcel map. That the access drive, .sanitary sewer and storm drain within the development shall be privately maintained. Improvement plans for the sanitary sewer, and private drainage system shall be submitted to the Public Works Department, Development Services Division concurrently with the final map. -4- PC2007- 4. That prior to approval of the final map, a maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including landscape and building maintenance, compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 5. That prior to fmal map approval, all units shall be assigned street addresses. 6. That approval of this tract map is granted subject to the approval of Reclassification No. 2007-00190 and Conditional Use Permit No. 2007-05175, now pending. 7. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department mazked Exhibit Nos. 1 through 7, and as conditioned herein. General Conditions: 8. Thaf timing for compliance with conditions of approval maybe 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 towazd establishment of the use or approved development. 9. That extensions for further time to complete conditions ofapproval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal. 10. 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 regazding 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAII2MAN, ANAHEIM PLANNING COMMISSION -5- PC2007- ATTEST: SENIOR SECRETARY, ANAHEIM FLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 15, 2007, by the following vote of the members thereof: AYES; COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2007- [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR TENTATIVE TRACT MAP NO. 17139 BE DENIED (3100 WEST LINDACITA LANE AND 237 SOUTH BEACH BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Tract Map for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE WEST 5 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE(S) 11, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THAT LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND NORTHWESTERLY 45.00 FEET FROM THE FOLLOWINGDESCRIBED LINE: COMMENCING AT THE CENTER LINE INTERSECTION OF ORANGE AVENUE AND WESTERN AVENUE IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID INTERSECTION IS SHOWN IN COUNTY OF SURVEYOR'S TRANSIT BOOK 114, PAGE 32 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID ORANGE COUNTY ON OCTOBER 23, 1957; THENCE SOUTH 0°33'45" EAST, ALONG SAID WESTERN AVENUE CENTER LINE 199.71 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED, SAID POINT ALSO BEING DISTANT NORTH 0°33'45" WEST ALONG SAID WESTERN AVENUE CENTER LINE 2468.65 FEET FROM THE CENTER LINE OF BALL ROAD, AS SHOWN IN SAID TRANSIT IN BOOK 114, PAGE 32 ON OCTOBER 23, 1957; THENCE FROM SAID TRUE POINT OF BEGINNING NORTHEASTERLY ALONG A CURVE NON-TANGENT, CONCAVE NORTHWESTERLY HAVING A RADNS OF 1600.00 FEET THROUGH A CENTRAL ANGLE OF I°00'05" AN ARC DISTANCE OF 27.96 FEET TO A LINE TANGENT; THENCE NORTH 67°32' 10" EAST, 2073.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1800.00 FEET; Cr~PC2007-0 -1- PC2007- THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°5$'50", AND RANCHO CUCAMONGA DISTANCE OF 313.55 FEET OT A LINE TANGENT; THENCE NORTH 57°33'20" EAST, 497.62 FEET TO A POINT IN THE CENTER LINE OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR'S OF SAID COUNTY ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON NORTH 0°26'40" WEST, 983.26 FEET FROM THE CENTER LINE OF ORANGE AVENUE AS SHOWN IN SAID TRANSIT BOOK 107, PAGE 11 ON OCTOBER 29, 1957, AND ALSO BEING DISTANT THEREON SOUTH 0°26'40" EAST, 186830 FEET FROM THE CENTER LINE OF LINCOLN AVENUE AS SHOWN IN SAID TRANSIT IN BOOK 107, PAGE 11, ON OCTOBER 29, 1957. EXCEPT THEREFROM ALL OIL, GAS MINERALS AND OTHER HYDROCARBONS BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORD. A PERPETUAL NON-EXCLUSNE SURFACE EASEMENT FOR. VEHICULAR INGRESS AND EGRESS OVER A STRIP OF LAND 30.00 FEET IN WIDTH SITUATED WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN B BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE CENTER LINE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID .SECTION 14; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID .SOUTHEAST QUARTER SOUTH 89°36'49" WEST 40.00 FEET TO THE WESTERLY LINE OF SAID BEACH BOULEVARD AS NOW ESTABLISHED; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BEACH BOULEVARD SOUTH 0°10'15" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE THAT IS PARALLEL TO AND 25.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST 319.00 FEET; _2_ PC2007- THENCE SOUTH 51°18'09" WEST 86.58 TO A LINE THAT IS PARALLEL TO AND 85.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID PARALLEL LINE SOUTH 89°36'49" WEST 436.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14 SOUTH 0°17'30" EAST 565.28 FEET MORE OR LESS TO A POINT THAT IS 15.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES, OF THE SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE EASTERLY PARALLEL WITH SAID SOUTHERLY LINE NORTH 89°36'03" EAST 130.00 FEET. EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF PARTICULARLY DESCRIBED IN DEED FROM CHEROKEE MOBILE GARDENS, A LIMITED PARTNERSHIP TO ELIZABETH LANCASTER AND GEORGE MILES LANCASTER, RECORDED AS INSTRUMENT NO. 15932 ON NOVEMBER 11, 1976 IN BOOK 11957, PAGE 1929, OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA. LOT 35 OF TRACT 2611, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 80, PAGES 29 AND 30, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET BUT WITHOUT THE RIGHT OF SURFACE ENTRY TO TAKE, MARKET OR DRILL FOR SAME. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 11, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed tentative tract map and to investigate .and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 25, July 9, August 20, September 5 and 17, 2007 Planning Commission meeting; 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: -3- PC2007- t. That the proposed tentative map, including its design and improvements, is consistent. with the Anaheim General Plan land use designations of Low Density Residential and Low Medium Density Residential. 2. That the site is physically suitable for the proposed development and the density proposed, however the site layout creates safety hazards for vehicular access. 3. That the design of the proposed private street and access point from Grand Avenue and Lindacita Lane would create an unsafe condition for vehicles traveling along these streets because vehicles exiting the property would directly face opposing traffic on Lindacita Lane. 4. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby deny subject Petition for Tentative Tract Map on the basis of the aforementioned findings 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: BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.. CHAIltMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007- PETITIONER'S STATEMENT OF Attachment -Item ido. 3 NSTIFICATION FOR VARIANCE/CODE WAVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.40.060.030 (A separate statement is required for each Code waiver) PERTAINING TO: Improvement of a private street Sections 18:03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. in order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to amve at a decision, please answer each pf the following questions regarding.the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach ndditional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? x Yes _ No. answer is "Yes," describe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? _ Yes x No If your answer is "yes," describe how the property is different: This is the only development in the vicinity under the RS-4, small lot develonment standards. 3. Do the special circumstances applicable to the property deprive it of privileges cusently enjoyed by neighboring groperties located within the same zone? Yes x No If your answer if"yes," describe the special circumstances: Same as above. 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? x Yes _No EXPLAIN: This is aland-locked parcel The intent of providine a private street is to provide both vehicular and pedestrian access. Both aze provided, the development only lacks a landscaped pazkway. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waivershall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances aze not permitted. Mertco Signature of Property Owner or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE NO. 376251DECEMBER 12, 2000 Attachment -Item Plo. 3 August 1, 2007 City of Anaheim Planning Commission 200 S. Anaheim Boulevard Anaheim, CA 92805 RE: Developer's Response to Public Opposition to T.M. 17139 Deaz Commissioners: In regazds to the Public Hearing Item number 2 at the July 9, 2007 meeting of the Anaheim Planning Commission, Mertco, Inc., the Developer, wishes to respond to the concerns that were raised by the residents of West Anaheim. We would also like to sincerely thank the Commission for granting us a continuance, thereby giving us an opportunity to revise our plan in response to the neighborhood concerns. We feel that we have been able to sufficiently modify our proposed tract and hope to get the Tentative Tract Map approved at the August 20's hearing. Please see our response to the specific concerns below: 1) General Plan Amendment. We have revised our Tentative Tract Map so that a General Plan Amendment is not necessary. We now have nine houses as opposed to the ten houses previously submitted. 2) Traffic in the Lindacita/ Grand tract. We hired an independent traffic engineer to complete a traffic study of the adjacent neighborhood (study submitted to Planning Staff). The study, conducted over a 7 day period, found that the addition of nine new homes would represent less than an 8% of all traffio, and that the existing circulation system would not be overburdened by the additional traffic. With the revised plan, the impact would be even less because we aze dropping one unit, resulting in only eight additional traffic-producing houses. 3) Parking in/ azound the new tract. Our proposed Tentative Tract Map exceeds the pazking requirements for single family detached housing. The code calls for four spaces on each site. We have that plus an additional eight guest pazking stalls. 4) Additional housing density in West Anaheim. The proposed land use in Tentative Tract Map 17139 complies with the cunent General Plan, which was approved by the voters in the City of Anaheim. 5) Pedestrian/ Automobile Traffic through Cherokee Mobile Home Park. The proposed Tentative Tract Map includes two electric, automatically closing gates between the new Development and the Cherokee Mobile Home Pazk. This is sufficient to deny any new access to Cherokee Mobile Home Pazk, automobile or pedestrian. Thank you again for your consideration on this matter, and we look forward to building a great project in West Anaheim that will enhance and beautify the existing neighborhoods. Sincerely, .'~,2 ~ -~~tdt Mertco, IncI~nc. Roy J. Ward, President Attachment - (~~, INC `° O /6 "~~ z°°7 9 ~ ERTC , ~, DEVELOPERS ~d. RECEIVED. o~ra~e~vi . Ms. Kimberly Wong Planning Commission City of Anaheim, CA Re: Portion A, T.M. 17139 Dear Ms. Wong, Having received the Notice of Planning Commission continued hearing, the following revisions from the original requests are offered herewith: Portion A (a.k.a. 3100 Lindacita Lane) • That the zoning remain as currently shown on the general plan of the city of Anaheim. • Mertco, Inc. to demolish and reconstruct a new home on the site. • Grant to T.M. 17139 and owner of remainder pazcel to the east a permanent easement for access, all utilities, sewer and water to Lindacita and Grand Avenue over the north 32 feet of said lot 35 of Tract 2611 per map filed in Book 80, pages 38 & 39 of MMR of Orange County as draft copy shown. • One single family residence has been eliminated from the proposed map plan to insure compliance with the general plan. • The new/revised map shows an additional eight guest parking spaces plus the original off street pazking for four cars (36 spaces) per unit, making a total off street pazking of 44 spaces. • The number of proposed units is reduced by one leaving a total of nine units. • Mertco would like all these items presented to the Planning Commission. • Our traffic engineer will be present at the meeting to answer any questions of the commissioners. Mertco thanks you very much for your help and guidance in its pursuit of this project. Sincerely, ~~ MertcS, In~ Roy J. Wazd, President 949/ 673-2770 • FAX 949/ 675-8644 • 2614 OCEAN BLVD. CORONA DEL MAR, CA 92625 Item No. ~~as,6~, 1CL63I61B LUP 26fi2 .CUP ]65e CM WASH FR~~V~ PV ls~ g11 RS3 RCL 7671-53 (2) RCL 70.77- 1 Oll EACH ` RS3 RCL 70.71-5F . RCL 7671- 1 ou Enci General Plan Amendment No. 2007-00457 Reclassification No. 2007-00202 Conditional Use Permit No. 2007-05216 Requested By: ELLAS PROPERTIES INC 200 North Via Cortez r~~O /i' . ~ . Subject Property Date: October 15, 2007 Scale: 1" = G2phic Q.S. No. 185 ~L_J Feet 0 100 200 10392 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR {SC) OVERLAY ZONE. General Plan Amendment No. 2007-00457 Reclassification No. 2007-00202 Conditional Use Permit No. 2007-05216 Requested By: ELLAS PROPERTIES INC 200 North Via Cortez Subject Property Date: October 15, 2007 Scale: 1" =Graphic Q.S. No. 185 ~t_J Feet 0 100 200 10392 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Aerial Photo: I~~Ir•~]/1I1G ITEM NO.4 PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Blvd. Suile #162 Anaheim; CA 92805 Tel: (714) 765.5139 Fax: Q14) 765-5280 vnvw.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: OCTOBER 15 2007 FROM: PLANNING DIRECTOR SUBJECT: GENERAL PLAN AMENDMENT NO. 2007-00457. ' RECLASSIFICATION NO: 2007-00202 CONDITIONAL USE PERMIT NO: 2007-05216 WAIVER OF CODE REQUIREMENT LOCATION: Caltrans right-of--way on the south side bf the Riverside Freeway, adjacent to and east of the Mercedes-Benzof Anaheim auto dealership at 200 Via Cortez. APPLICANT/PROPERTY OWNER: The applicant is Mercedes-Benz of Anaheim Hills and the property owner is Caltrans. REQUEST: The applicant requests approval to construct a vehicle storage and display. azea in conjunction with the: adjacent automobile dealership. The applicant also proposes to provide a narrower landscape setback than the code requires adjacent to the freeway right-of--way. This request also includes a general plan amendment and zone. change to establish a commercial zone and land use designation for theproperty. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a Mitigated Negative Declazation. (b) By resolution, recommend that the City Council approve General Plan Amendment No. 2007-00457. (c) By resolution, approve Reclassification No. 2007-00202. (d) By motion, approve a reduction in the widthof the landscape setback adjacent to the freeway right-of-way. ` (e)'' By resolution, approve Conditional Use Permit No. 2007-05216:`- 'GENERAL PLAN AMENDMENT NO. 2007-00457 October 15, 2007 Page 2 of 3 BACKGROiJND: This 1.85 acre property is a portion of freeway right-of--way owned by CalTrans and is currently,vacant. It is ocated between a flood control channel to the south and the Riverside Freewayright-of-way to the north: It is not a legal lot, but a legal description of the boundaries has been provided by the applicant. This property does not have a General Plan designation or zoning classification because it,is part of the freeway right-of--way: The property is adjacent to the eastern property line of the existing dealership:.: ' PROPOSAL: The applicant proposes to construct a vehicle storage and display lot to be used by the adjacent Mercedes-Benz dealership: The lot would be used for the storage of up to 201 vehicles in the dealer's inventory. and would not contain any buildings. The applicant proposes nine display spaces along the north property line which are visible from the freeway, Thelot would. have asix-foot wrought iron and concrete pilaster fence'along the north property line to match the existing fence at the automobile dealership. The hours of operation for the storage lot will be 7:00 a.m. to 9:00 p.m., 7 days a week, consistent with the hours of the dealership: The additional inventory will allow for a greater selection of vehicles for customers. 'Vehicles are driven to the dealership to avoid the use of vehicle transport trucks, so the provision of additional storage will not result in additional truck traffic. In the event that a vehicle is requested by a customer, the vehicle will be brought to the to dealership display area for review: Through the use of porters, the vehicles will be washed in the dealership's car wash facility and not on the storage lot. ANALYSISt The proposed use requires a general plan amendment and reclassification: to assign a land use designation and zoning classification to the property: The applicant is proposing a general plan designation of General Cornmercial and a:zoning classification of General Commercial, Scenic Comdor Overlay (C-G (SC)). The applicant proposes a landscape setback adjacent to the freeway that is less than code requires based on the proposed C-G zone'r The proposal is tlescribed in greater detail in the following paragraphs and on the attached project summary chart. Issue: Landscaped setback Based on the'proposed zoning, Code requires a landscape setbackbf 25 feet adjacent to the freeway at the northproperty line. The applicant proposes a 10-15 foot setback landscaped with turf and queen palm trees. The adjacent dealership was approved with a landscape setback reduced from 90 feet to S to 40 feet. The applicant's statement of justification indicates that the narrow width of the property restricts the usable area and application of the full setback requirement would limit the use of the property. Staff believes that the requested waiver is justified because there are no buildings on this site, the property is narrow and it is appropriate to maintain the existing landscaped edge along the freeway.: GENERAL PLAN AMENDMENT N0.2007-00457 October 15, 2007 Page 3 of 3 Issue: Lighting on the storage and display lot There is a residential neighborhood across a narrow flood control channel to the south of the site. When the dealership was originally approved in 2004, there were concerns. about the intrusion of lighting onto the residences: To address these concerns; thelights on the sales lot were shielded and to minimize glare and light spill onto the adjacent residential properties. The lights adjacent to the residential properties were also set on timers to shut off at 8:30 p.m. The proposed storage lot will contain 8 light poles at 18 feet in height spaced through the middle of the property and 16 light poles 18 feet in height along the north property line. No lights aze proposed within the 10 foot landscape setback area along the southern property line: All of the lights will be shielded as to direct the light down onto the property and eliminate any light spill onto the residential properties: The photometric plan indicates that the illumination atthe residentiaY property line is near zero. The lighting on the storage lot is not expected to adversely impact the adjoining residences: A condition has been included in the draft resolution requiring the proposed lighting to meet the conditions described above. The potential for light intrusion has also been addressed through the use of landscaping, which includes 40 new trees and numerous existing mature trees adjacent to the residential property line: Also, the storage lot will be approximately 6 to 7 feet lower than the pads of the adjacent residences, limiting the perceived height of the lights. In addition, in the event the proposed screening is not sufficient as determined by staff, a condition will require the. applicant to implement measures to screen the lighting from the residences to staff's satisfaction. CONCLUSION: The vehicle storage and display lot would expand the size of the existing Mercedes Benz dealership. The proposed use would be compatible with the adjacent land uses in the area and is anticipated to be quiet, with no activities other than storage occurring on the site. Staff recommends approval of this request. Respectfully submitted, Concurred by, ~~~ ~~ Acting Principal Planner Planning Director Attachments; 1. Project Summary 2. Justification Form- Landscaping. 3. Draft General Plan Amendment Resolution 4. Draft Reclassification Resolution 5. Draft Conditional Use Permit Resolution PROJECT SUMMARY CUP2007-05249 Develo merit Standard ' Pro osed Pro'ect C-G zone standards Site Area 1.85 Acres N/A Landscape Setbacks Adiacentto: Feet ,,.Feet Freeway 10-IS 25 South property line 10 ~ 10 Auto dealership None None Building Setbacks Adiacent to: Freeway No buildings 90 South property line proposed 20 minimum Auto dealership None Attachment -Item Ido. 4 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODF_ WAIVER (NOT REQUIRED FOR P.4RICING WAIVER) REQUEST POR WAIVER OF CODE SECTION: (A separate statement is required for each Code waiver) PERTAINING T0: To permit LOt landscaping setback adjacent to freeway instead of 25' Sections 18.03,040.030 and 18.12.060 of the Anaheim h4unicipal Code require Thal before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be sitowtt: I. That there are special circumstances applicable td the property, including size, shape, topography, location or sunoundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property wader identical zoning classification in the vicinity. In orderto determine if such special circumstances exist,and to assist fire Zoning Adtninisfrator or Planning Commission to amve at a decision, please answer each of the following questions regarding the property for which n variance is sought, fully and as~cpmpletely as possible. If youneed additional spacz, you may attach additional pages. 1~. ~ Are thereapecial circumstaztces that apply to the pioperiy'in matters such as size, shape., topography, location or surroundings? ,g Yes _ No. If your answer is "Yes," describe the special circumstances: in question is Quite 10 foot aetba k is them^m rh ajse_nt deal chin bite. 2. 4. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? a~ Yes _ No If your answer is "yes," describe how the property is different: The width o f the site along the decreaced if a S fnot lands aping c h^ k w c aired Do the special circwnstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No If your answer if "yes; 'describe llfe special chrcumstances: The narrow width of the wire in a no h ern th di rion pre Ludes a normal 1 anAcranino aatha k A th fl d n tr l rh Pl n tha }yrn _p~gppr y la..c f, hor li..,if a 1 oar anti nn Were the special circumstances created by causes beyond the control pf the property owner (or previous property owners)? gYes _No an a on e sole purpose fan pproved whit would hich is n erwise ~-- Signe~ ~ Pro~rerty C 37625+DECEMBER 12, 2000 The dimensions of the parcel and the existence of the flood control y vmian'ce or Code waiver shall be fo prevent disctimiuation, and no variance or Code waiver shall be have the effect of granti n special privilege not shared by other property in the same vicinity and zone expressly authorized b one~latiotts governing subject property. Use variances are not permitted. October 8, 200 Dale w.~ CO ITIONAL USE PERMIT/VARIANCE NO. [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2007-00457 PERTAINING TO THE LAND USE ELEMENT (NO ADDRESS) WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, the Planning Commission did receive a request for an amendment to the Land Use Element of the General Plan to designate a portion of property located south of the Riverside Freeway (SR-91), north of Santa Ana Canyon Road, west of Solomon Drive, and east of Via Cortez to the General Commercial land use designation as shown in the attached Exhibit A. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 15, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required bylaw 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 General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed amendment to the Land Use Element maintains the internal consistency of the Generai Plan. 2. That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 3. That the property is physically suitable to accommodate the proposed designation, including but not limited to access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses. 4. That the proposed amendment relates to the established land use patterns in the vicinity and therefore, said amendment would be compatible with, and further the goals of said Plan and therefore, Exhibit A should be adopted to designate the property to General Commercial land uses. 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. -~- PC2007-61 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to redesignate the subject property to General Commercial and does hereby approve the Mitigated Negative Declaration and associated Mitigation Monitoring Plan No. 148 upon finding that the declazation reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE TI' RESOLVED that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend to the City Council of the City of Anaheim adoption of General Plan Amendment No. 2007-00457 pertaining to the Land Use Element to designate the subject property to General Commercial land uses, as shown in attached Exhibit A. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. 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. CHAII2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _Z_ PC2007- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October, 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007- [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2007-00202 BE GRANTED (NO ADDRESS) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as a portion of the property located south of the Riverside Freeway (SR-91), north of Santa Ana Canyon Road, west of Solomon Drive, and east of Via Cortez) and further described as follows: An irregularly-shaped approximately 1.85-acre area situated in the County of Orange, State of California, as shown in Attachment No. 1 attached hereto and incorporated herein by this reference as if set forth in full; WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 15, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "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. That the subject property, which comprises approximately 1.85 acres, is cunrently vacant and is contiguous to an existing automobile dealership in the City of Anaheim. 2. That the proposed reclassification of the subject property to the C-G(SC) (General Commercial, Scenic Corridor Overlay) zone is consistent with the zoning on the contiguous property currently occupied with an automobile dealership, and is an appropriate implementation zone for the proposed General Commercial land use designation of the Anaheim General Plan proposed for this site. _ 4. That the proposed reclassification of subject property is necessazy and/or desirable for the orderly and proper development of the community. 5. That 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 because it is consistent with the proposed land use of the subject property. 6. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CR1PC2007- -1- PC2007- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to redesignate the subject property to , Genera] Commercial and does hereby approve the Mitigated Negative Declaration and associated Mitigation Monitoring Plan No. 148 upon finding that the declazation reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to incorporate said described property into the General Commercial, Scenic Corridor Overlay (C-G(SC))zone upon the following conditions which are hereby found to be a necessary prerequisite to the propose use of subject property in order to preserve the health and safety of the Citizens of Anaheim: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and containing a map of the property. BE IT FURTHER RESOLVED, that this reclassification shall not become effective unless and until Resolution No. 2007- relating to General Plan Amendment No. 2007 -00457 is approved and adopted by the City Council of the City of Anaheim. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subj ect property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which maybe approved or denied by the City Council at its sole discretion. BE IT FURTHER RESOLVED that the applicant is responsible for paying al] charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required pennits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION _p. PC2007- ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007- [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05216 BE GRANTED (NO ADDRESS) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: An irregulazly-shaped approximately 1.85-acre area situated in the County of Orange, State of California, as shown in Attachment No. 1 attached hereto and incorporated herein by this reference as if set forth in full; WHEREAS, the Planning Commission did hold a public heazing at the Civic Center in the City of Anaheim on October 15, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission; after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed vehicle storage and display lot is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18:08.030.040.0402 (Automotive-Caz Sales & Rental); and 2: That the proposed use would not adversely affect the adjoining land uses and the growth and development of the azea in which it is located because the operation would be a storage lot and the any operational impacts have mitigated by condition of approval and operational requirements; and 3. That the traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate pazking is provided on-site and the vehicles stored at this site will be delivered individually and not delivered by automobile transport trucks; and 4. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; and 5. That *** indicated their presence at said public heazing in opposition; and that no correspondence was received in opposition to the subject petition. Cr\PC2007-0 -1- PC2007- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING:: That the Anaheim Planning Commission has reviewed the proposal to redesignate the subject property to General Commercial and does hereby approve the Mitigated Negative Declaration and associated Mitigation Monitoring_ Plan No. 148 upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein. That any lighting onsite shall be arranged and directed so as to reflect the light away from the adjoining residential properties. Said information shall be specifically shown on the plans submitted for building permits. That all lighting on the dealership site shall be reduced to minimize impacts to adjacent residents to the greatest extent possible.. All lights shall be shielded to hide the light source from view. At 8:30 p.m. daily, lighting along the residential boundary shall be reduced to the minimum needed to provide adequate security lighting. Compliance with this condition of approval requires approval from Planning Services Division staff upon final inspection. Any light impacts identified at said inspection shall be mitigated prior to commencement of the activity. Any decision by Planning Services staff may be appealed to the Planning Commission as a Reports and Recommendations item. Prior to approval of a grading plan the following conditions shall be complied with: 4, The developer shall submit a copy of the signed lease agreement with Caltrans to verify the site boundary and any development restrictions imposed by Caltrans. 5. The developer shall amend the Final Water Quality Management Plan to include the expanded site boundary. 6. The landscape plan for perimeter landscaping shall be .submitted to and approved by the Planning Department. The landscape plan shall conform to the recommendations of the City of Anaheim SR-91 Corridor Landscape Opportunities Survey: Interstate 5 to Riverside County Line and exhibit approved by the Planning Commission. -2- PC2007- General Conditions: - 7. That the granting of this conditional use permit is subject to the approval of Reclassification No. 2007-00202 and General Plan Amendment No. 2007-00457 now pending. 8. That the property ownerldeveloper shall be responsible for compliance with all the mitigation measures set forth in Mitigation Monitoring Plan No. 148 (Attachment No. 2 to this Resolution) created specifically for this project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 148, which are made a part of these conditions of approval by reference. 9. That because this project has landscaping azeas exceeding two thousand five hundred (2500) squaze feet, a sepazate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. 10. That no signs of any kind shall be displayed on the subject property at any time. 11. That outdoor special events shall be subject to review and approval by Zoning Division staff and shall be conducted in a manner that will not adversely affect the adjoining residential land uses. 12. That no vehicle preparation including washing, drying, detailing and cleaning, or repair or maintenance work shall be permitted. 13. That vehicles shall not be delivered by automotive transport trucks. All inventory shall be independently delivered to this site (i.e., each vehicle shall be individually driven to this site). 14. That no loud speakers shall be permitted. 5. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress towazd establishment of the use or approved development. 16. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 17. 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 '3- PC2007- compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 15, 2007, by the following vote of the members thereof: -4- PC2007- AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007- q ~ ° m /y M 81' J O rv Q Q W ~ w ~ z z Q .~ e~ a U Z ~ ;; z N ~. '- m Z - ~ _ X m ^N to I ~ W ~ d, N N `, ~ OO ~ r O W n n ~^ -,' ooo< ~ ~ ROBLES ~ N N Q N (7~U;' W 0 r <. ~ LL _ ':a, „ .st. ' ' 8g~ in i~ ~~/~ N O A i ~ O O~ O~~ ' N S gyp Z Q 'o g ., ~ Z u i r~ U City of Anaheim Caliber Motors Mercedes-Benz Vehicle Storage Lot Expansion ATTACHMENT 2 MITIGATION MONITORING AND REPORTING PROGRAM NO. 148 This Mitigation Monitoring and Reporting Program (MMRP) was formulated based on the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for the proposed Caliber Motors Vehicle Storage Lot (proposed project). This MMRP is in compliance with Section 15097 of the California Environmental Quality Act (CEQA) Guidelines, which requires that the Lead Agency "adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects." The MMRP lists mitigation measures recommended in the ISIMND and identifies mitigation monitoring requirements. These requirements are provided only for mitigation measures that would reduce or avoid significant impacts of the proposed project. Table A presents the mitigation measures identified for the proposed project. Each mitigation measure is labeled consistent with the topical section in the IS/MND to which it pertains. The first column of Table A provides the mitigation measures that were identified in the Environmental Issues discussion of the lS/MND. The columns titled "Party Responsible for Implementing Mitigation" and "Implementation Timing" identify the party responsible for carrying out the required actions and the approximate time period over which the actions will be implemented, respectively. The columns titled "Party Responsible for Monitoring," "Action by Monitor," and "Monitoring Timing" identify the party ultimately responsible for ensuring that the mitigation measure is implemented, the steps for monitoring the action identified in the mitigation measure, and the approximate timeframe for the oversight agency to ensure implementation of the mitigation measure, respectively. P:\ELP0601\MND\MMRP:doc cD9/D4/D7s 0 J m U Z N O m U m O L Q1 O m U E L SO G Q O .~ L A C ~L y C O O r.+ y0 Q a/ a F rn '~c i i oE~ ' i oEm ~ I I ~ ' C o~ U N -EEC ~ °~.°> o:~p> mm~ ~ O O /1 n O O w 0. ~ ` ~'O C'a °m aoom a oom O vm C ~ ~ C N O OI O c C I C . o mco~ - -3m ~ `o m ~... O CO U U~ ~O J N T N n > .. f0 N O t0 O j U O O T U ~ ?~ U S] a .O. O U O. ~ O.r C 0. 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Q N C w C d O N om~~ot~o~°c ac~r °-°a3~2 r`°iE'i,c~ma°~i2` ~-~ C m N~ y ~ 'O y N N' V N N L_ ~ L y d C IO O J N~ l0 N~ ~ W~~ ` _ y O C C L.LL O O ° N ° E ~ C A N O N N J U O N % ~ ~ ~ ~ O L? o ° m m ~ N ~ Jp v 'd _ } "n y ~ C a N O p `- U O D J N „" C^~ U L_. N.N. O N 'y tlJ L N C ~ ~.o ~y~o 3c tN~3 °Q mN dccc N , o ~ Ea iE a Td~L Ta v U~c ~ ~ v °3`°~°`.c QC arn~°s N E~~v2~m`o ° n"O~~a _ r a C L .i.. C v O O y v i c i N U N N n C O ._ y d> ~ d O N O V O U° r C '`. C t0 ~`> A N N t0 W !'_- A 2~ m p L U .E N O U O N C c p Q . ~ ~ j .O N C Gm~~ tU0 O Nm 00.~~~~1~~NdEVC~.~L O°-.LOO ~p0'O~d ._ ~ 9 U 7 0 c~ c o n a - ~ d~ i0 N a y '.' N N v m c W a C ~ ~ .N. v ti~ d U .n m 0~ O L L.. U ~ ~~ y j O~ ~ Z N (n L O N C 0 D C p L E ~~~ m ~ ` . ~ N d 0) t p m ~ a~ ~ N ° ° a a~oE " iN 3ct€> '2`dc cZ'c'~o do~a a ~ ' ? Lmc ° oJOO~ o~p du~i~co~°m°- oo~mu t`m °i~ fL°moo I- ~ t ~8 ` d m vNm .-U1m m ommU m°m Hom4. 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'° ° ' A ~ O` m N U l m C~ ~ OI l0 V C p 0 t0 n m . ~` s r a U o~ L N~ ~ d. ~ N c 2` ~ Z -'~--, ` ~ to >. ; v o ^ ~° m E m > v ~ . o~ o o m ~ a°i > V o' o ~ y .o rn`o =' a °' ~' m Y ~ 3 ~- y ~ m f c ~~~~EE c °~tO ao~ m c ~ E a ~~cmo.. °a~i~yN Q'ic o cm . N m,o m ~¢ `° o N o m~ ~' ` ' o a O . c of d°=~O ct`o m"Tc o d N m~ `° m ~ da ~~cc'^-m O 0Y N > O c= o.Jv ca N a N ' o ' cU'~-~~dod U' nE .c° N D E C ~~ N m ~ ~ ~ ~ d '.• -• mmE.ym a4E> Z ` ~ N O N (0 ,°__m E.. vi `m 3Eo O S . N O G (0 N .~ 7 Um..,NOVOO.od°~~'oa-y .-o....- m . " E~d:~?°->m N . o moor°~~~ ~ ~:a~>>c°~oo = _ . ~ C7=aUi€do~m.c °=mmc°~aoi= C7m 'NOC~m3 > U' NnN ~'~a~ > ?i °~O_?U Nei onN Eam aura ~ 3a J E N L (0 c Q `o c E N - a c m a o N ° a .. E •c ._ m c b u rn c c ~" of dP a ~ ma C y ~ _ Ol __-_.- ~a ._ m _ - y C N N ~`[0 O N r ~ ~ ~ N ~~ O j T C d O C ~ ~ .n E i n T N C j snap N o c ~ m`a'mma 4 n aU-~ N n N N p c T 0 C N N OI> 'm N O > C C N O U W N O >, >'OL Ttl'O 3 N T J !" N O ~~2aUU N N O y a ~ ' C >~ N v o ° m o p j O E~Dm , aN C ~~U~ ~ ~ N J c c ^a Nw o _ m E _ m E c E a m a N ~ ~ ' o ~ m a E v N my `o_ J N ~ m d N m d~ ` .o c o .CCC ° m ~ i s U yam a a°'°'~ mm a E ~ ~ o m `o N 'o , a ~ a .° r°- a ~,.., c c cE c € ~ ~ c c o C yt " ~ ° ` 3 i i ~ ya oa m"~c m ~ m ~o ~ ° ~ ry~o N~ Nom~ 0 > : mt~>.m L o ~~° ny2'> a ioa i~ . in ~`~ 'y m E 3 n .. °` rn tO L a~ m> - °~ . ~ rn m ~ U~ U ? aci y a v w o.. c- ' z m o~~ •o .. N o m^ N^ o - i , ° a ~ N E c c m N y 'N >.' 3~~° L~ N n `.. ~~ ~ ac0 o m R a>> y- N D E m °i rnmm•m~ ayx y TN m~ E m Tc o 0 o N 'm. , c o N o J m c U c m ^v ~inEa~N E~~°'N'~ N . ~ ~ o E C dw,~ m ncd ~ ~'~p2`°am3mo~~am~NW ~EaN N ~ i a dip Nndz Na t=v ~a mU d~«a~°UoN-d'y N-fir a 3 c O ' o'= o n e- o~ m o y~ a dmN N~`y~y~`aa ` ~ o>. V a m c m~_°> O ~ E m ~ n' .. c rn' n ~ . y E>TNyNNyCTy~O'O l1 .O yp'~~ . 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H c ~ > y a Wi .. c dd ° ~ ~ c v a o O Uby ~ ~ $ v'° -, c .° '. n £ ' uhu > ° mE ~> ~ ''ne 'v° a Q t ~ a~ ~ ~ n~ 0 2 Z >da i '= E~ i.,2~~ f'.a ycOi q ~~y~~. S U N n'p^ Z v ry E a d ~'O h G ~'O ' a eci a'O P C O L ° N .,y ° ° 3 n X e~ v d E e u v c e a i 50 h a a u . ° n a ¢em ~N nc~a""' UE ~PP~P PEEN IXIEN! >> Environmental Impact Report No. 2007-00337 Specific Plan Zone No. 2007-00048 Conditional Use Permit No. 2006-05146 Development Agreement No. 2007-00003 Tentative Parcel Map No. 2007-195 Requested By: :KAISER FOUNDATION 3400 - 3450 East La Palma - Kaiser'Hospital t03B7 an e'I~aev Ixxl sva~l cvP Oaa 7 p`3 aW 3]SB/ SP9 V1 I/d GI~6l9 g11 3518 B1) ( VM 1851 ~~ xno°"R~pe L f ~f66181 5U~ ... / P Subject Property Date: October 15, 2007 Scale: 1" =Graphic Q.S. No. 150 ALL PROPERTIES ARE IN THE ALPHA (NORTHEAST AREA) REDEVELOPMENT PROJECT AREA Environmental Impact Report No. 2007-00337 Specific Plan Zone No. 2007-00048 Conditional Use Permit No. 2006-05146 Development Agreement No. 2007-00003 Tentative Parcel Map No. 2007-195 Subject Properly Date: October 15, 2007 Scale: 1"=Graphic Q.S. No. 150 Requested By: KAISER FOUNDATION 3400 - 3450 East La Palma -Kaiser Hospital 10387 ALL PROPERTIES ARE IN THE ALPHA (NORTHEAST AREA) REDEVELOPMENT PROJECT AREA '4erial Ph ota: ITEM w®. s PLANNING COMMISSION AGENDA REPORT' 200 S. Anaheim Blvd. suite #162 Anaheim, CA 92805 Tel: (714) 765-5739 Fax: (714) 7655280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: OCTOBER 15, 2007 FROM: PLANNING DIRECTOR SUBJECT: EIWIRONMENTAL'IMPACT REPORT N0.2007-00337 DEVELOPMENT AGREEMENT NO' N0.2007-00003 WAIVER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT N0 2006-05146 ' `SPECIFIC PLAN AMENDMENTNO: 2007-00048 TENTATIVE PARCEL MAPNO: 2007-195 LOCATION: 3400- 3450 East La Palma Avenue. APPLICANT/PROPERTYQWNER: The applicant and property owner is Kaiser Foundation Hospitals. REQUEST: The applicant proposes to construct a 1.2 million square foot hospital campus in three phases on the subject: The requested entitlements include a development agreement between Kaiser Foundation Hospitals and the City of Anaheim, a'specific plan amendment to adjust the boundaries of the Northeast Area Specific Plane (SP 94-1), a conditional use permit to permit a hospital`campus with building heights in excess of 100 feet, a reduced andscaped setback along the Riverside Freeway, and a tentative parcel map to combine nine parcels into one pazcel. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, recommend that the City Council certify Environmental Impact Report No. 2007-00337, including adoption of a .Statement of Findings of Fact, a Statement of Overriding Considerations and Mitigation Monitoring Program No. ` 147: (b) By resolution, recommend that the City Council approve Development Agreement No. 2007-00003. (c) By motion, approve waiver of landscaped setback adjacent to the SR-9lfreeway and accept the'applicant's request to withdraw the landscape setback waiver on La Palma Avenue:'. (d) By resolution, approve Conditional Use Permit No. 2006-05146 (e) By resolution, approve Specific Plan Amendment No. 2007-00048. DEVELOPMENT AGREEMENT NO. 2007-00003 October 15, 2007 Page 2 of S (f) By resolution; approve Tentative Parcel Map No. 2007-195. BACKGROITND: The 27-acre subject property is currently developed with two vacant industrial buildings and a self storage facility: The property is located in the Northeast Area Specific Plan, La Palma Core and Transit Core areas (SP 94-1, D.A: 3 and 4). The General Plan designates this property for Institutional land uses. The Riverside Freeway. (SR-91) is located to the south of the property.`A Frye's electronics store is located west of the property and six industrial properties aze orated to the east. The property is located. within the Merged Redevelopment Area. PROPOSAL: The applicant proposes to develop the site with a master planned campus focused on health raze services, which would include a hospital with up to 360 beds, administrative offices, three medicat office buildings, a central utility plant; accessory retail areas, and two pazking structures. Thehew hospital will replace the existing facility at 441 North Lakeview Avenue in Anaheim. The applicant proposes to retain the Lakeview facility for ancillary medical and administrative offices: The proposed site would contain approximately 1.2 million squaze feefof total building azea'at final build out, and 3,782 pazking spaces provided through a combination of surface lots and two parking structures.. The proposed projecYwill be developed in three phases: ® Phase I consists of a medical office building and'surface parking, and is expected to be occupied by spring of 2009. ® Phase II includes a professional office building, hospital with 260 beds, central utility plant,'and a 6-story'parking structure. ® Phase II is expected to be occupied by summer of 2014. Phase III consists of a medical office building, expansion of the hospital to add l00 beds,' and a second parking structure. Occupancy for Phase III is expected by 2020. Lastly, the applicant proposes a Development Agreement for a period of 25 yeazs; a more detailed`analysis of the development agreement is provided below: Please refer to the project summary and phasing plan charts'attached to the staff report for project details (Attachment No. 1): ANALYSIS: The proposed medical office campus complies with Code with the exception of the requested waiver relating to the landscape setback adjacent to the freeway: (The waiver pertaining to landscape setback adjacent to La Palma Avenue was withdrawn by the applicant subsequent to advertisement.) A conditional use permit is being requested to exceed the 100. foot building height limitation and to permit a hospital in the Transit Core zone. The project will implement the existing General Plan land use designation of Institutional. However, a Specific Plan Amendment is needed to create consistent zoning for the site. AEVELOPMENTAGREEMENT NO: 2007-00003 October 15, 2002 Page 3 of5 Issue: Proposed Height The Transit Core zonepermits a maximum building height of 100 feet. This keightlimit may be exceeded through a conditional use permit process: A conditional use permit is being requested to allow a 6-story hospital building at a maximum height of 107 feet.. 'The proposed mass and scale of the building is appropriate in the Canyon Business Center, and would also provide an attractive master planned medical campus .adjacent to the freeway; therefore, staff supports the building height as proposed: dssue: Proposed Development Agreement To reduce the economic risk of development; provide certainty in the approval of the project;`and encourage andprovide for the developmentof public facilities related to the project; the applicant proposes aDevelopmenrAgreementbetween the City of Anaheim and Kaiser Foundation Hospitals for a period of 25 yeazs: The development agreement includes several public benefits, including a payment of two million dollars towards the `construction of various improvements servingthe:Anaheim Canyon Metrolink Station, participation in the City's Workforce Investment Program, commitment to purchase electricalpower exclusively from the City, and participation in the City's Trazisportation Network Program. The agreement includes provisions to`ensure that significant public: benefits are provided to the City and the surrounding community: Staff recommends 'approval of theproposed developmentagreement. Yssue: Environmental impacts An Environmental Impact Report (EIR) Statement of Findings of Fact, Statement of Overriding Considerations(SOC);'and Mitigation Monitoring Program (MMP) have. been prepared by an independent environmental' consultant to' address environmental impacts associated with the project. The. EIR identifiesthree significant unavoidable adverse impacts related to the project.: These. impacts include air quality emissions which would exceed South Coast Air Quality Management District's regional operational thresholds; noise caused by emergency vehicle sirens and construction equipment, and traffic volumesin the area's7oadways. While the MMP includes mitigation measures to reduce the level of impacts, these impacts would remain significant; unavoidable; and adverse'after mitigation measures aze applied: A SOC was prepazed to`address these unavoidable impacts:: The SOC contains specific reasons to balance the benefits of the project against the unavoidable environmental risks. In general, these benefits include the construction of astate=of-the-art medical facility to provide for the medical care of a growing numbef of residents in the City of Anaheim and surrounding' communities, as well as the. attraction of quality health care professionals in the Canyon Business Center,`and these benefits would outweigh the unavoidable environmental impacts. DEVELOPMENT AGREEMENT N0:2007-00003 October 15, 2007 Page 4 of 5 Issue: Proposed Specific Plan Amendment The property is located in two developmentazeas within the Northeast Area-5pecfic- Plan: The westerly 12 acres are locatedin the La Palma Core and the easterly 15 acres aze located in the La Palma Core.: The applicant requestsan adjustment of the boundaries to incorporate the entire property into the Transit Core Area.. The purpose of the adjustment is to create one consistent zoning for the development and to permit a higher floor area ratio of 0.99 as allowed in the Transit Core. The La Palma Core permits a lower maximum floor area ratio of 0.6. The Transit Core Area permits hospitals subject to approval of a conditional use permit: The proposed zoning would implement the General Plan designation of Institutional for the property and would:. createone consistent zoning for the property with an appropriate floor area ratio to accommodate the projecf: The proposed zoning is also compatible with the zoning of properties to the`north east, and west: Therefore, staff recommends approval of the specific plan amendmentrequest. Issue: Landscaped setback adjacent to the Riverside Freeway (SR-91) Code requires a 30 foot landscape setback adjacent to the SR-91 Freeway: The applicant proposes a landscape setback ranging from 10 to 100 feet. The portion of the landscape planter that is only: l0 feet: wide is adjacent to Grove Street where emergency and delivery vehicles would access the property from the rear. A 30 foot wide planter cannot be provided in this azea since Grove Street abuts the freeway and the driveway needs to be aligned with the Grove Street right-of-way; herefore there is not enough physical space to provide a planter adjacent to the freeway while maintaining safe and efficient ingress'and egress for emergency and'service vehicles.:The landscape plan indicates more trees than required by'code, an overall averageplanterwldth exceeding code requirements, and a mixture of landscape plants to compensate for the reduction in depth adjacent to the emergency vehicle driveway: Staff believes that there aze special circumstances that pertain to the property because of the current alignment of Grove Street; therefore, staff recommends approval of this waiver. Issue: Building Architecture Staff has concerns regarding the proposed azchitecture given this property's highly visible location: Staff believes. it is extremely important for the buildings to be well articulated in a manner that is consistentwith the Community Design Element of the General Plan. It is important for the buildings to be designed to include a visible main. entrance; a complementary range of building colors and materials, breaks in the vertical and horizontal building lines, and integration of the roof screen into the design of the building: Thesecomments have beenprovided to the applicant, but they could not be addressed in time for this meeting. The' applicant would like to proceed with these applications and require revised elevations to be subject to future reviewby the Commission if the Commission shazes staff s concerns.. i J DEVELOPMENT AGREEMENT N0.2007-00003 October 15, 2007. Page 5 of 5 In conclusion, staff is supportive of this request to construct a hospital campus because it would be compatible with adjacent land uses in the azea and would also create a distinctive employment setting in the Canyon Area in a manner that showcases an amactive master planned campus adjacent to the freeway. The project would also redevelop and improve underutilized industrial pazcels with a modern, updated; full. service medical facility to support the needs of the residents of Anaheim and ..surrounding communities. Respectfully submitted, Concurred by, ~ ~~ n2ns Acting Pnncipal Planner Plazming Director Attachments• 1. Project Summary /Phasing Plan 2. Justification of Waiver Form 3. Draft Development Agreement ~F. Draft Development Agreement Resolution 5. Draft Conditional Use Permit Resolution 6. Draft Specific Plan Amendment Resolution 7. Draft Environmental Impact Report Resolution 8. Draft Tentative Parcel Map Resolution 9. Mitigation Monitoring Plan 10. EIR Findings of Fact/Statement of Overriding Consideration 11. EIR Response to Comments ATTAC NT NO. 1 PI8O.TECT SUMti~IAR!' IDEVELOPMEiVT AGII81" ~IO'IRNT 1V0.2007-00003 flDevelo m®nt'S4mndnrd fl'ro Deed Peo'eet ID.A. 4 Zonb Stnndmrds Site Area 27.5 Acres N/A Pazkin 3,782 s aces Pazkin Study Landscapine Setback: Adjacent to La Palma 20 feet 20 feet Adjacent to SR-91 10-100* feet 30 feet Interior 15-28 feet 0 feet Buildins Setback: Adjacent to La Palma 20 feet 20 feet Adjacent to SR-91 125 feet 100 feet Interior 15-28 feet 0 feet Floor Area Ratio 0.99 1.0 Building Height 94 feet (office) 100 feet''# 107 feet os ital Watverrequested *# Buildings higher than 100 feet may be approved by CUP PHASING Pd.A1V ~H~SE 1 eet~ oceu zao9 HoiHdin S .frt. Igo.:®f akor%es Medical Office Buildin OB) 118,500 4 PH.4,SE 2' s ect¢d occ® 2014 Heefildim S . Ft.', Into, of atoeaes Professional Office Building (POB) 180,000 6 Admin. offices /MOB Hospital -First Phase 433,000 6 260 beds Parking Structure 681,102 6 1,968 s aces Central Utili Plant 44,694 1 '~"OTAI. ~YJBHID-OiJ~' igae9ldln ~ `. ~8. MOB 33,500 POB 1 X0,000 HOSPITAL 633,000 CENTRAL UTIL. PLANT 44,694 TOTAL 1,196,194 s.f. PARK. STRUCTURES 1,231,566 s.f. PETITIONER'S STATEMENT OF Attachment -Item No. 5 JUSTIFICATION FOR VARIANCEICODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: (A separate statement is required for each Code waiver) PERTAINING TO: '""-" Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance"or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special" circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surrcundings? X Yes _„ No. If your answer is "Yes," describe the special circumstances: See Attached 2. Are the special circumstances that apply to the properly different from other properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different: See Attached 3. Do the special circumstances applicable to the property depdve it of privileges currently enjoyed by neighboring properties located within the same zone? Yes No If your answer if "ves." describe the soecial circumstance 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN See Attached The sole purpose o a shell be aoorov~d hi 2000 nce or Code waiver shall be to prevent discdmination, and no variance or Code waiver d have the effect of granting a special privilege not shared by other property in the is not otherwise expressly authorized by zone regulations governing subject property. CONDITIONAL USE PER`MiT"/VARIANCE NO. PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Supplemental Information to Request October 8, 2007 1. The property is located adjacent to the Grove Street right-of-way that terminates in a cul- de-sac north of [he SR-91 Freeway. The code requires a 30' planting setback along the SR-91 Freeway. However, due to the limited amount of space and proximity of the right- of-way to the freeway, a landscape setback ranging from 10'-100' in width along the freeway frontage is proposed. The 10' portion of the planting setback would occur adjacent to Grove Street to promote better visibility for planned access to and from the site by emergency and service vehicles. 2. The placement and manner in which the Grove Street right-of-way ends in a cut-de-sac is a unique condition that affects this property and consequently requires special design consideration. Taking its configuration into account, the variance is requested to promote a safe and efficient path of access for emergency and service vehicles to and from the property, while providing an overall average area of setback thaf exceeds the minimum requirement. The proposed landscape plan for the setback also provides a mixture of Vees that exceeds minimum requirements to compensate for the reduction in the setback at Grove Street. 4. The alignment and proximity of Grove Street adjacent to SR-91 is an existing right-of-way that provides access to this property and those located along its alignment north to La Palma and consequently, needs to be retained. Attachment -Item ido. 5 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92805 (Space Above Line For Recorder's Use) DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF ANAHEIM AND KAISER FOUNDATION HOSPITALS DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND KAISER FOUNDATION HOSPITALS RECITALS Section 1. 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 I.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 TABLE OF CONTENTS Assessment District Authorizine Ordinance CITY Development Development Agreement Date Development Agreement Statute Development Approvals. Enabling Ordinance Existing Land Use Regulations. Final Site Plan Gross Floor Area/GFA Infrastructure Improvement Fund Morteaee Mortgagee Owner Pazkine Areas Permitted Buildings Northeast Area Snecific Plan Procedures Resolution Project Pro e Sunnort Commercial Uses Term Section 2. TERM Section 3. Section 4. Section 5. BINDING COVENANTS EFFECT OF AGREEMENT PROJECT LAND USES Section 6. PERMITTED BUILDINGS 6.1 Description of Permitted Buildings 62 Parking Areas Page Section 7. DENSITY OF PERMITTED BUILDINGS Section 8. ENFORCEMENT Section 9. PUBLIC IMPROVEMENTS AND SERVICES 9.1 Utilities (Water, Electrical~as, Sewer, & Drainage) 9.2 Water Service 9.2.1 Storm and Sewer Drains 9.2.2 Timing Phasing and Sequence of Public Improvements and Facilities 9.3 Traffic Circulation Imnrovements Section 10. REIMBURSEMENT PROVISION Section 11. DEDICATIONS AND EXACTIONS Section 12. FEES, TAXES AND ASSESSMENT 12.1 Fees. Taxes and Assessments 12.2.1 Infrastructure Improvement Fund 12.2.2 Job Training Covenant. 12.2.3 Covenant to Purchase All Electric Power Requirements 12.2.4 Nondiscrimination Covenants 12.2.5 Anaheim Transportation Network 12.2.6 Other Community Benefits 12.3 Citv Processing Fees 12.4 Accounting of Funds 12.5 Imnosition of Increased Fees, Taxes or Assessments Section 13. TIMING OF DEVELOFMENT Section 14. EXISTING USES Section 15. FUTURE APPROVALS 15.1 Basis for Denying or Conditionally Granting Future Annrovals 15.2 Standard of Review 15.3 Future Amendments to Final Site Plan Section 16. AMENDMENT 16.1 Initiation ofAmendment 16.2 Procedure 16.3 Consent 16.4 Amendments 16.5 Effect of Amendment to Development Agreement Section 17. 17.1 KP #366837-v2 2 Section 18. Section 19. Section 20. BENEFITS TO CITY BENEFITS TO OWNER UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE Section 21. RESERVED AUTHORITY 21.1 State and Federal Laws and Regulations 21.2 Model Codes 21.3 Public Health and Safety Section 22. CANCELLATION 22.1 Initiation of Cancellation 22.2 Procedure 22.3 Consent of Owner and City Section 23. PERIODIC REVIEW 23.1 Time for Review 23.2 OWNER's Submission 23.3 Findines 23.4 Initiation of Review by City Council Section 24. EVENTS OF DEFAULT 24.1 Defaults by OWNER Section 25. MODIFICATION OR TERMINATION 25.1 Notice to OWNER 25.2 Public Hearine 25.3 Decision 25.4 Implementation 25.5 Schedule for Compliance Section 26. ASSIGNMENT 26.1 Right to Assign 26.2 Release upon Transfer Section 27. NO CONFLICTING ENACTMENTS Section 28. GENERAL 28.1 Force Majeure 2$.2 Construction of Development Agreement 28.3 Severability 28.4 Cumulative Remedies 28.5 Hold Harmless Agreement KP #366837-v2 3 28.6 Cooperation in the Event of Legal Challenge 28.7 Public Agency Coordination 28.8 Initiative Measures 28.9 Attomevs' Fees 28.10 No Waiver 28.11 Authority to Execute 28.12 .Notice 28.12.1 To Owner 28.12.2 To Ci 28.13 Cantions 28.14 Consent 28.15 Further Actions and Instmments 28.16 Subsequent Amendment to Authorizing Statute 28.17 Governing Law 28.18 Effect on Title 28.19 Mortgagee Protection 28.20 Notice of Default to Mortgagee, Right of Mortgagee to Cure 28.21 Bankruptcy 28.22 Disaffirmance 28.23 No Third Party Beneficiaries 28.24 Proiect as a Private Undertaking 28.25 Restrictions 28.26 Recitals 28.27 Recording 28.28 Title Report 28.29 Entire Agreement 28.29 Successors and Assigns 2:8.31 OWNER's Title of Property 28.32 Exhibits LIST OF EXHIBITS Exhibit "A" Legal Description of the Property Exhibit °B" Final Site Plan Exhibit "C" Development Approvals Exhibit "C-1" Development Agreement Conditions of Approval Exhibit "C-2" Development Agreement Resolution Exhibit "C-3" Conditional Use Permit Resolution Exhibit "C-4" Specific Plan Amendment Resolution Exhibit "C-5" Tentative Pazcel Map Resolution Exhibit "C-6" Environmental Impact Report Resolution Exhibit "D" Anaheim Canyon Metrolink Station Plan Exhibit "E" Preliminary Title Report KP #366837-v2 4 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ANAHEIM AND KAISER FOUNDATION HOSPITALS This Development Agreement is entered into this _ day of October, 2007, by and between the City of Anaheim, a charter city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California (hereinafter "CITY") and. Kaiser Foundation Hospitals, a California nonprofit public benefit corporation (hereinafrer "OWNER"), pursuant to the authority set forth in Article 2.5 of Chapter 4 of Division t of Title 7, Sections 65864 through 65869.5 of the California Government Cade (the "Development Agreement Statute"). RECITALS This Development Agreement is predicated upon the following facts: A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Statute, Sections 65864, et seq., of the Government Code: The Development Agreement Statute authorizes CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other things: encourage and provide for the development of public facilities in order to support development projects; provide certainty in the approval of development projects in order to avoid the waste of resources and the escalation in project costs and encourage investment in and commitment to comprehensive planning which will make maximum efftcient utilization of resources at the least economic cost to the public; provide assurance to the applicants of development projects (1) that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to the conditions of approval of such projects and provisions of such development agreements, and (2) encourage private participation in comprehensive planning and reduce the private and public economic costs of development. B. This Development Agreement has been processed, considered and executed in accordance with the procedures and requirements set forth in the Development Agreement Statute and CITY's ordinances and procedures as set forth in Recital N. C. These Recitals refer to and utilize certain capitalized terms which are defined in this Development Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. KP #366837-v2 5 D. On August 22, 1995 the City Council of the City of Anaheim approved Resolution No. 95R-155 to approve Specific Plan No. 94-1, the Northeast Area Specific Plan, for the 2,645= """ acre area generally bounded by the Riverside (SR-91) Freeway on the south, the Orange (SR-57) Freeway on the west, Orangethorpe Avenue on the north and Imperial Highway on the east; and that on September 12, 1995 the City Council adopted Ordinance Nos. 5517 and 5518 to add Chapter 18.110 "Northeast Area Specific Plan No. 94-1(SP 94-1)" to the Anaheim Municipal Code relating to zoning and development standards for the Northeast Area Specific Plan, and to amend the Zoning Map by incorporating said 2,645-acre area into the SP 94-1 Zone. E. On August 6, 2002 the City Council adopted Ordinance No. 5817 amending Ordinance No. 5517 and Chapter 18.110 to allow hospitals as conditional uses Development Area 3 (La Palma Core) and Development Area 4 (Transit Core) in the Northeast Area Specific Plan ("Adjustment No. 8"); F. On May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the CITY's vision for development of the City of Anaheim (the "General Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and approval of the General Plan Amendment, amendment of CITY's zoning code, and a series of related actions. G. Pursuant to the provisions of the California Environmental Quality Act ("CEQA"), on May 25, 2004, the Anaheim City Council, by its Resolution No. 2004-94, certified Final Environmental Impact Report No. 330, adopting Findings of Fact and Statement of Overriding Considerations, Mitigation Monitoring Program No. 122 for General Plan Amendment No. 2004-00419, the amended monitoring program described as Mitigation Monitoring Program No. 112 for The Platinum Triangle, .and the amended monitoring program described as Mitigation Monitoring Program No. 85a for The Anaheim Resort; determined that said Final Environmental Impact Report No. 330 fully complies with CEQA, reflects the independent judgment of the City Council, and is adequate to serve as the environmental documentation for (i) General Plan Amendment No. 2004-00419, (ii) Zoning Code Amendment No. 2004-00029, (iii) Reclassification No. 2004-00 1 1 7, (iv) Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2, {v) Amendment No. 2 to the Northeast Area Specific Plan No. 94-1, and (vii) future discretionary actions described in Environmental Impact Report No. 330, such as Amendment No. 3 to the Northeast Area Specific Plan No. 94-1; and H. OWNER represents that it owns in fee approximately 28 acres of real property commonly lrnown as 3400 East La Palma, 3450 East La Palma and 959-1001 North Grove Street, in the City of Anaheim, County of Orange (hereinafter "County"), State of California (hereinafter collectively called the "Property") in The Northeast Area Specific Plan 94-I zone and more particularly shown on Exhibit "A" attached hereto and made a part hereof by this reference. I. OWNER desires to develop the Property in accordance with the provisions of this Development Agreement by developing a medical office campus that will be built out in multiple KP #366837-v2 phases over a nearly twenty five (25) year period, all as more particularly set forth in the Final Site . Plan (hereinafter collectively called the "Project"). The Project is anticipated to include a Hospital with up to 360 beds phased over time, Administrative Offtces, Medical Office Buildings, a Central Utility Plant, retail areas and associated parking. Medical Office Buildings (MOBS) would be built in phases over time to support the Hospital, resulting in approximately 420,000 square feet of medical office space. In addition, Administrative Offices of approximately 120,000 square feet would be built to support the Hospital and MOBS. A Central Utility Plant would be constructed which would facilitate the Hospital, MOBS and campus development. The Property would contain approximately 1.2 million square feet of total building space at final build out, and an estimated 3,782 parking spaces in a combination of surface and parking structures. J. CITY desires to accomplish the goals and objectives set forth in the CITY's General Plan and the objectives for the Northeast Area Specific Plan Zone as set forth in subsection 18.20.010.020 of the Anaheim Municipal Code, and finds that the Project will accomplish said goals and objectives. K, Pursuant to the Final Site Plan, OWNER will submit tentative maps and/or vesting tentative maps, if required. OWNER further anticipates the submission of detailed construction plans and other documentation required by CITY in order for the OWNER to obtain its building permits. L. As consideration for the benefits gained from the vested rights acquired pursuant to the Development Agreement Statute, to conform to the requirements of the Northeast Area Specific Plan Zone, and to comply with the applicable mitigation measures imposed by Updated and Modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Program No. 147 for the Project, CITY is requiring that OWNER construct and install or pay OWNER's fair share in fees for a number of public improvements, including off-site traffic circulation. improvements, and provide other public benefits as set forth in this Development Agreement. including Section 12 below. M. In order to avoid any misunderstandings or disputes which may arise from time to time between OWNER and CITY concerning the proposed development of the Project and to assure each party of the intention of the other as to the processing of any land use entitlements which now or hereafter may be required for such development, the parties believe it is desirable to set forth their intentions and understandings in this Development Agreement. In order for both CITY and OWNER to achieve their respective objectives, it is imperative that each be as certain as possible that OWNER will develop and that CITY will permit OWNER to develop the Project and public improvements as approved by CITY within the time periods provided in this Development. Agreement. N. CITY, as a charter city, has enacted Ordinance No. 4377 on November 23, 1982, which makes CITY subject to the Development Agreement Statute. Pursuant to Section 65865 of the Development Agreement Statute, CITY adopted Resolution No. 82R-565 (the "Procedures Resolution") on November 23, 1982. The Procedures Resolution establishes procedures and requirements for the consideration of development agreements upon receipt of an application. KP #366837-v2 O. On August 22, 2007, as required by Section 1.0 of the Procedures Resolution, OWNER submitted to the Planning Department an application for approval of a development agreement " " " (hereinafter called the "Application"). The Application was subsequently amended to include a proposed development agreement. ' P. On 2007, as required by Section 65867 of the Development Agreement Statute and Section 2.1 of the Procedures Resolution, the Planning Director gave public notice of the City Planning Commission's intention to consider a recommendation to the City Council regarding adoption of a development agreement. Q. On 2007, as required by Section 65867 of the Development Agreement Statute and Section 2.2 of the Procedures Resolution, the City Planning Commission held a public hearing on the Application. R. On that date, the Planning Commission after considering an Initial Study conducted pursuant to CEQA for this Development Agreement, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, found and determined and recommended that the City Council find that EIR No. 2007-00337, together with the Mitigation Monitoring Program No. 147 for the Kaiser Anaheim Medical Center, are adequate to serve as the required environmental documentation for this Development Agreement and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. S. The Planning Commission further found that the Development Agreement meets the following standards set forth in Section 2.3 of the Procedures Resolution, to wit,. that the Proposed Project: (a) is consistent with the CITY's existing General Plan, (b) is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district, (c) is compatible with the orderly development of property in the surrounding area and (d) is not otherwise detrimental to the health, safety and general welfaze of the citizens of CITY. Based upon the aforesaid findings., the City Planning Commission recommended that the City Council approve the Application and this Development Agreement pursuant to Resolution No. PC. T. On , 2007, as required by Section 65867 of the Development Agreement Statute and Section 3.1 of the Procedures Resolution, the City Clerk caused public notice to be given of the City Council's intention to consider adoption of a development agreement. U. On 2007, as required by Section 65867 of the Development Agreement Statute and Section 3.2 of the Procedures Resolution, the City Council held a public hearing on the Application... V. On that date, the City Council after considering the recommendation of the Planning Commission, found and determined that EIR No. 2007-00337, together with the Mitigation Monitoring Program No. 147 for the Kaiser Permanente Anaheim Medical Center, aze adequate to serve as the required environmental documentation for this Development Agreement and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. KP #366837-v2 W. On , 2007, the City Council found and determined that this Development Agreement: (i) is consistent with the CITY's existing General Plan; (ii) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY; (iii) is entered into pursuant to and constitutes a present exercise of the CITY's police power; and (iv) is entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Statute and the Procedures Resolution. X. In preparing and adopting the General Plan and in granting the Development Approvals, CITY considered the health, safety and general welfare of the residents of CITY and prepared in this regard an extensive environmental impact report and other studies. Without limiting the generality of the foregoing, in preparing and adopting the General Plan and in granting the Development Approvals, the City Council carefully considered and determined the projected needs (taking into consideration the planned development of the Project and all other areas within the CITY) for water service, sewer service, storm drains, electrical facilities, traffic/circulation infrastructure, police and fire services, pazamedic and similar improvements, facilities and services within The Northeast Area Specific Plan, and the appropriateness of the density and intensity of the development comprising the Project and the needs of the CITY and surrounding areas for other infrastructure. Y. On 2007, the City Council adopted the Authorizing Ordinance authorizing the execution of this Development Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute, as it applies to CITY, and pursuant to the Enabling Ordinance, the Procedures Resolution and the CITY's inherent powers as a charter city, and pursuant to the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. DEFINITIONS. The following words and phrases are used as defined terms throughout this Development Agreement, and each defined term shall have the meaning set forth below. 1.1 Assessment District. "Assessment District" for purposes of this Development Agreement means a special district, assessment district or benefit area existing pursuant to State law or the charter powers of the CITY for purposes of financing the cost of public improvements, facilities, services and/or public facilities fees within a distinct geographic area of the CITY: 1.2 Autlrorizine Ordinance. The "Authorizing Ordinance" means Ordinance No. approving this Development Agreement. L3 CITY. The "CITY" means the City of Anaheim, a charter city and municipal corporation, duly organized and existing under its charter and the Constitution and laws of the State of California. KP #366837-v2 1.4 Development. "Development" means the improvement of the Property for purposes of effecting the structures, improvements and facilities comprising the Project, including, without limitation: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of structures and' buildings and the installation of landscaping. - 1.5 Develonment Agreement Date. The "Development Agreement Date" means the latest of (i) the date of recordation in the office of the County Recorder of this Development Agreement, or a memorandum thereof, or (ii) the effective date of the Authorizing Ordinance. 1.6 Development Agreement Statute. The "Development Agreement Statute" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Development Agreement Date. 1.7 Development Approvals. "Development Approvals" means the Final Site Plan and all site specific plans, maps, permits and other entitlements to use of every kind and nature contemplated by the Final Site Plan which aze approved or granted by CITY in connection with development of the Property, including, but not limited to: site plans, tentative and final subdivision maps, vesting tentative maps, variances, conditional use permits and grading,: building and other similar permits. To the extent any of such site specific plans, maps, permits and other entitlements to use are amended from time to time, "Development Approvals" shall include, if OWNER and CITY agree in writing, such matters as so amended. If this Development Agreement is required by law to be amended in order for "Development Approvals" to include any such amendments, "Development Approvals" shall not include such amendments unless and until this Development Agreement is so amended. 1.8 Enabline Ordinance. The "Enabling Ordinance" means Ordinance No. _ enacted by the CITY on , 1.9 Existing Land Use Regulations. "Existing Land Use Regulations" mean the ordinances and regulations adopted by the City of Anaheim in effect on the Effective Date, including the adopting ordinances and regulations that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Property, including, but not limited to, the General Plan, the Zoning Code, EIR No. 2007-00337, Mitigation Monitoring Plan No. 147, and all other ordinances of the CITY establishing subdivision standards, pazk regulations, impact or development fees and building and improvement standards, but only to the extent the Zoning Ordinance and such other regulations aze not inconsistent with this Development Agreement. Existing Land Use Regulations do not include non-land use regulations, which includes taxes. 1.10 Final Site Plan. The "Final Site Plan" means the Project as described in this Development Agreement and conditions with respect thereto, as set forth as Exhibit "B" attached hereto and made a part hereof by this reference. 1.11 Gross Floor Area/GFA. "Gross Floor Area" or "GFA" means the gross floor azea of any permitted buildings. KP #366837-v2 10 1.12 Infrastructure Improvement Fund. "Infrastructure Improvement Fund" shall have the meaning set forth in Section 12.2.1, below. 1.13 Mort~aee. "Mortgage" means a mortgage, deed of trust or sale and leaseback arrangement or other transaction in which the Property, or a portion thereof or an interest therein, is pledged as security. 1.14 Mortgagee. "Mortgagee" means the holder of the beneficial interest under a Mortgage, ar the owner of the Property, or interest therein, under a Mortgage. 1.15 Northeast Area Specific Plan. "The Northeast Area Specific Plan" means that portion generally bounded by the Riverside (SR-91) Freeway on the south, the Orange (SR-57) Freeway on the west, Orangethorpe Avenue on the north, and Imperial Highway on the east, 1.16 Owner. "OWNER" is Kaiser Foundation Hospitals, a California nonprofit public benefit corporation, and any person or entity with which or into which Kaiser Foundation Hospitals may merge, and any person or entity who may acquire substantially all of the assets of Kaiser Foundation Hospitals, and any person or entity who receives any of the rights or obligations of under this Development Agreement in accprdance with the provisions of Section 27 (Assignment) of this Development Agreement. 1.17 Parking Areas. The "Parking Areas" means all parking structure(s), and/or all surface parking servicing the Project. 1.18 Permitted Buildings. "Permitted Buildings" includes all buildings and the Parking Areas as identified in Section 6 of this Development Agreement and as further set forth in the Final Site Plan. 1.19 Procedures Resolution. The "Procedures Resolution" is Resolution No. 82R-565 adopted by CITY pursuant to Section 65865 of the Development Agreement Statute. 1.20 Project. The "Project" means the development project contemplated by the Final Site Plan with respect to the Property, including but not limited to on-site and off-site improvements, as such development project is further defined, enhanced or modified pursuant to the provisions of this Development Agreement. 1.21 Pro a .The "Property" means that certain real property shown and described on Exhibit "A" to this Development Agreement. 1.22 Support Commercial Uses. "Support Commercial Uses" are commerciaUretailuses which may include retail uses, banking or financial offices, food service, restaurants, service establishments and other similar uses that will provide needed services to members, employees, contractors and others associated with the Kaiser Permanente Anaheim Medical Center. 1.23 Term. "Term" is defined in Section 2 of this Development Agreement. KP #366837-v2 11 Section 2. TERM, 2.1 The term (hereinafter called "Terre") of this Development Agreement shall lie'that period of time during which this Development Agreement shall be in effect and bind the parties hereto. The Term shall commence on the Development Agreement Date and shall extend for a period of twenty-five (25) years thereafter, terminating at the end of the day on the twenty-fifth .anniversary of the Development Agreement Date, subject to the periodic review and modification or termination provisions defined in Section 24 and Section 26, respectively, of this Development Agreement. 2.2 This Development Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of a final order, after al] appeals have been exhausted, directed to CITY as a result of any lawsuit filed against CITY to set aside, withdraw or abrogate the approval of the City Council of this Development Agreement or if termination occurs pursuant to the provisions of the Procedures Resolution and such termination is so intended thereby. 2.3 If not already terminated by reason of any other provision in this Development Agreement, or for any other reason, this Development Agreement shall automatically terminate and be of no further force .and effect upon completion of the Project pursuant to the terms of this Development Agreement and any further amendments thereto and the issuance of all occupancy permits and acceptance by CITY of all dedications and improvements as required by the development of the Project. Section 3. BINDING COVENANTS. The provisions of this Development Agreement to the extent permitted by law shall constitute covenants which shall run with the Property for the benefit thereof, and the benefits of this Development Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto. Section 4. EFFECT OF AGREEMENT. As a material part of the consideration of this Development Agreement, unless expressly otherwise provided herein, the parties agree that the Existing Land Use Regulations shall be applicable to development of the Project. In connection with all subsequent discretionary actions by CITY required to implement the Final Site Plan and any discretionary actions which CITY takes or has the right to take under this Development Agreement relating to the Project, including any review, approval, renewal, conditional approval or denial, CITY, shall exercise its discretion or take action in a manner which complies and is consistent with the Final Site Plan, the Existing Land Use Regulations (as the same may be modified in accordance with this Development Agreement) and such other standards, terms and conditions expressly contained in this Development Agreement. CITY shall accept and timely process, in the normal manner for processing such matters as may then be applicable, all applications for further approvals with respect to the Project called for or required under this Development Agreement, including, any KP #366837-v2 12 necessary site plan, tentative map, vesting tentative map, final map and any grading, construction or other permits filed by OWNER in accordance with the Development Approvals. Section 5. PROJECT LAND USES. The Property shall be used for such uses as may be permitted by the Development Approvals and the Existing Land Use Regulations. The duration of this Development Agreement, the density and intensity of use, developable GFA, footprint square footage, the maximum height and size of proposed buildings and structures., lot sizes, set back requirements, zoning, public improvements, and the provisions for reservation or dedication of land for public purposes shall be those set forth in the Development Approvals, the Existing Land Use Regulations .and this Development Agreement pursuant to Section 65865.2 of the Development Agreement Statute and shall be vested through the Term hereof. Section 6. PERMITTED BUILDINGS. 6.1 Description of Permitted Buildings. The Permitted Buildings to be located on the Property shall be as set forth on the Final .Site Plan. The Project shall be constructed substantially in conformance with the Final Site Plan. 6.2 Parking Areas. The Parking Areas shall be constructed so that there will be sufficient parking spaces available within the Property as depicted and substantially in conformance with the Final Site Plan. Prior to commencement of construction of the first Permitted Building, OWNER shall restrict the use of the Parking Areas to, and shall record a covenant against the Property in a form approved by the City Attorney stating that the use of the Parking Areas shall be limited to tenants, visitors, patrons, invitees .and other users of the Kaiser Permanente Anaheim Medico] Center. Section 7. DENSITY OF PERMITTED BUILDINGS. The Permitted Buildings shall not exceed the maximum heights and maximum footprints set forth in the Final Site Plan. Section 8. ENFORCEMENT. Unless this Development Agreement is terminated or cancelled pursuant to the provisions of this Development Agreement, this Development Agreement or any amendment hereto, shall be enforceable by any party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance or building ordinance adopted by CITY which alters or amends the rules, regulations or policies of Development of the Project as provided in this Development Agreement pursuant to Section 65865.4 of the Development Agreement Statute; provided, however, that the limitations of this Section shall not apply to changes mandated by State or Federal laws or other permissible changes or new regulations as more particularly set forth in Section 22 of this Development Agreement. Section 9. PUBLIC IMPROVEMENTS AND SERVICES. KP #366837-v2 13 In addition to performing any other obligations heretofore imposed as conditions of the Development Approval set forth in Exhibit "C," as material consideration for the CITY's entering into this Development Agreement, OWNER shall undertake the construction and installation of the following public improvements required to support the Project and to enhance area-wide traffic circulation and emergency police and fire protection service within the time periods as set forth below and in conformance with the Existing Land Use Regulations. CITY shall cooperate with OWNER for the purpose of coordinating all public improvements constructed under the Development Approvals or this Development Agreement to existing or newly constructed public improvements, whether located within or outside of the Property. OWNER shall be responsible for and use good faith efforts to acquire any right(s)-of--way necessary to construct the public facility improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement or any Development Approvals. Should it become necessary due to OWNER's failure or inability to acquire said right(s)-of--way within four months after OWNER begins its efforts to so acquire said right(s)-of--way, CITY shall negotiate the purchase of the necessary right(s)-of--way to construct the public improvements as required by, or otherwise necessary to comply with the conditions of, this Development Agreement and, if necessary in accordance with the procedures established by State law, and the limitations hereinafter set forth in this section, CITY may use its powers of eminent domain to condemn said required right(s)-of way, after conducting a duly noticed public hearing and obtaining the necessary vote of the City Council. OWNER agrees to pay for all costs associated with said acquisition and condemnation proceedings. If the CITY cannot make the proper findings or if for some other reason under the condemnation laws CITY is prevented from acquiring the necessary right(s)-of--way to enable OWNER to construct the public. improvements required by, or otherwise necessary to comply with the conditions of, this. Development Agreement, then the parties agree to amend this Development Agreement to modify OWNER's obligations accordingly. Any such required modification shall involve the substitution of other considerations or obligations by OWNER (of similaz value) as aze negotiated in good faith between the parties hereto. Nothing contained in this Section shall be deemed to constitute a determination or resolution of necessity by CITY to initiate condemnation proceedings. 9.1 Utilities (Water. Electrical, Gas. Sewer, and Drainaeel. OWNER shall construct the public improvements necessary for the provision of requisite water, electrical, gas, sewer and drainage requirements for Project as more fully set forth in the Development Approvals. OWNER shall construct and relocate utilities as may be required to provide services to the Permitted Buildings on the Property or that are displaced by the construction of the Permitted Buildings. As OWNER submits detailed construction plans in order to obtain building permits for Permitted Buildings and/or the size and nature of the Project varies, the utilities that OWNER will construct or relocate may be revised accordingly by the CITY. 9.1.1 Water Service. OWNER will provide engineering studies to size the water mains for ultimate development within the Project. Said engineering studies will be conducted prior to rendering of water service or signature approval of the final water improvement plans, whichever occurs first. The studies shall be subject to the approval of the General Manager, Public Utilities Department or authorized designee. The water system may be constructed incrementally, KP #366837-v2 ]4 is adequate to provide municipal de`mth Ru1e151D of the O~gRwillconform provided that said incremental phasing rovides for, in part, a fee based on GFA and protecrion for the Proposed development phasing. ER shall aded water facilities. OWN Water Utility's Rates, Rules and Regulations which p the advancement of additional funds to construct the upgr o reimbursement in accordance ~'t er facilities. of Rule 15D for the advancement of be entitled t raded wat additional funds to construct the upg ins ections for each and Sewer Drains. Prior to final building and zoning 9.1.2 Storm drains to serve the ultimate permitted Building, OWNER will construct sewers and s in ring studies to be conducted prior development of the Property as provided by areawide eng to issuance of any building permrts for the first Permitted Building and updated prior tot e uent Permitted Building. All studies shall be building permits for each subseq ER will construct improvements identified in issuance of any En ineer. OWN royal of the City Engineer subject to the approval of the City g rovide capacity for the be constructed subject to the ua e to p said studies. The systems maY incrementally provided that said incremental phasing is adeq proposed development phasing. .,__t,:,. r,,,.,rovements and Facilities. 9,2 Timin Phasin and se ucu~~ ~- - ction of public improvements uence of the constru aid in (a) The timing, phasing and seq and facilities or the payment of fees thereforuencel et forth in this or p accordance with the timing, phasing and seq Development Agreement and the Final Site Plan: roviding for 9.3 Traffic Circulation Im n°ed by ts. In order to assist CITY m provements) this Project, OWNER shall cause to be madedentified rovements ("Traffic Circulation Imp program 147 area-wide traffic circulation as req site and off-site traffic ciralllation imp on the Final Site Plan. for the Project including pplicable measures from the Mitigation Monitorrng approved in conjunction with EIR No. 2007-00337 as shown Section 10. REIMBURSEMENT PROVISION. ee that certain facilities, including but not limited to roadway, rna be constructed by certain OWNER (the CITY and OWNER agr a landowners wastewater, water, drainage and landscaping Y R and/or third-p rtY cting Partl'(~es)„) and will benefit other OWNE ies hereto that the pro rata share "Constru It is the intent of the part calculated at the time of (collectively, the "Benefited Parties")• and construction costs, aid to Constructing Party(ies) by such Benefited Parties. Consisten of such upfront planning, design, perrnitting, reimbursement, shall be p uire that for any such facilities constructed and/) a e ded with this stated intent, CITY shall req the Constructing Party(~es) for which the Constructing Party( in whole or in part by shall impose a reimbursement obt Best blish mechan Sin ~ for entitled to reimbursemento~ ~ CITY will work with OWNER ro ortional reimbursement from tOheWBiERrted Parties. All costs associated with establishing Parties at the earliest opp P P aid by said mechanisms shall be p Section 11. DEDICATIONS AND EXACTIONS. 15 Kp #366837-v2 Prior to issuance of the first building permit for the Project, OWNER shall irrevocably ` offer for dedication the rights-of--way, if applicable, and other azeas as more fully set forth in the Final Site Plan for the uses set forth in the Final Site Plan. These dedications shall be in fee or as an easement at the discretion of CITY, and upon completion and acceptance by CITY of the associated improvements in compliance with the specifications as approved by CITY, CITY shall accept OWNER's offer of dedication. Nothing contained in this Development Agreement, however, shall be deemed to preclude CITY from exercising the power of eminent domain with respect to the Property or the Project, or any part thereof, or shall give rise to the suggestion that the City may enter into any binding commitment to acquire any property without an open public hearing before the Anaheim City Council, Section 12. 12.1 Fees Taxes and Assessments. OWNER shall be responsible for the payment of fees in the amount and at the times set forth in the Existing Land Use Regulations, as said amounts and timing may be modified in accordance with this Development Agreement. 12.2.1 Infrastructure Im rovement Fund. To enhance the existing infrastructure in the Project azea that will benefit the Project, the Owner agrees to make aone-time payment of two million dollars ($2,000,000) as a contribution towazds the construction of various improvements servit:,g the Anaheim Canyon Metrolink Station., as set forth in Exhibit "D". Such payment shall be made prior to issuance of the first building permit. The City desires to facilitate the addition of a second rail line and related improvements to this station in connection with the Metrolink program. Related improvements may include enhancements of the platforms on both sides of the second rail line, which would provide for increased rail access and utilization, and apedestrian-rail separation, which would provide safe access from the Project property and surrounding mixed-use areas to the Metrolink facilities and to the business operations located at the southeast corner of La Palma and Tustin Avenues. The Infrastructure Improvement Fund shall be transferred to the Anaheim Redevelopment Agency to be used, at the discretion of the Anaheim Redevelopment Agency, for any costs associated with implementation of the Anaheim Canyon Area Metrolink Station improvements as illustrated by exhibit "D". In addition to the foregoing, the Project presents certain public beneFts and opportunities which are advanced by City and Owner entering into this Agreement, including the following: 12.2.2 Job Trainin Covenant. The City has been designated a "Service Delivery Area" pursuant to the Workforce Investment Act. The City's Workforce Investment Program Division administers a Workforce Investment Program pursuant to the Act. As defined herein, the Workforce Investment Program also includes any future or successor federal or state job training programs which are administered by the City and/or the Workforce Investment Program Division. Except as set forth below, the Owner shall use the Workforce Investment Program as a nonexclusive source for the recruiting and hiring of all of their employees with regard to employment opportunities which arise at such Project (exclusive of the construction and development of the Improvements) and shall notify the Workforce Investment Program Division in writing as soon as possible when employment opportunities become or are anticipated to become available. The decision to hire or not to hire any persons referred to such Owner through the KP #366837-v2 16 Workforce Investment Program shall remain in the sole and absolute discretion of such Owner. Notwithstanding the foregoing, however, these provisions shall not apply to the recruiting or hiring of union jobs or training programs which are covered by collective bargaining agreements without the written approval of the affected union or conflict with any applicable labor or other governmental laws or regulations. 12.2.3 Purchase Electric Power. It is Owner's intent to purchase its electric power requirements from the City. In the event that (i) the City is permitting other customers with load characteristics similar to the Improvements to purchase electric power from a supplier other than the City and (ii) the Owner desires. to purchase all or any of its electric power requirements for the Improvements from any provide)- other than the City, the Owner intends to notify the City Public Utilities Departnent in writing not less than one hundred twenty (120) days prior to entering into such a purchase agreement or arrangement and include the price and terms at which such provider has offered to provide such electricity to the Improvements. If permitted by Owner's other agreements, the City shall have a right of first refusal, upon receipt of such notice, to provide such services to the Improvements at the price and upon the terms set forth in the Owner's notice. The City's exercise of such right of first refusal shall be made by delivery of written notice to the Owner within one hundred twenty (120) days of its receipt of the notice that the City will match such terms. In the event that the City fails to exercise its right of first refusal as set forth herein, the Owner may obtain such services from the provider which is specified in its notice, provided that the price and terms of such service are not less favorable to the Owner than the price and terms set forth in the Owner's notice to the City. 12.2.4 Nondiscrimination Covenants. The Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or groups of persons on account of race, color, creed, religion, sex; martial status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project, nor shall the Owner itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Project. The foregoing covenants shall run with the land. (a) The Owner shall refrain from restricting the rental, sale, or lease of the Project on the basis of race, color, religion, sex, marital status, ancestry or natonal origin of any person. All such deed, ]eases or contracts shall contain or be subject to substantially the following nondiscriminarion or nonsegregation clauses: (b) In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed; nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number; use or occupancy of tenants, lessees, subtenants, KP #366837-v2 17 subleases or vendees in the land herein conveyed. The forgoing covenants shall run with the land." (c) In leases: "The lessee herein covenants by and for himselfor herself his or hers heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the leasing, subleasing, transfemng, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himselfor herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, sublessees, subtenants, or vendees in the premises herein leased." {d) In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, national origin; or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himselfor herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises" 12.2.5 Anaheim Transnortation Network. Owner shall participate in the Anaheim Transportation Network (ATN) as Follows: (a) The Owner shall be a voting member of the ATN, subject to the terms and provisions of the by-laws and association rules of the ATN. (b) The Owner shall participate in ATN coordinated transportation demand management efforts designed to decrease traffic congestion and increase ridesharing. (c) The Owner shall designate anon-site contact that will be responsible for coordinating with the ATN and implementing all trip mitigation measures. The requirements of the mitigation measure shall be included in any leases or other similaz agreement. Documentation indicating compliance with this mitigation measure .shall be included in the annual monitoring report ongoing during project operation. (d) Owner intends to provide its own shuttle service. Should a Worker Shuttle Program under OCTA's Go Local program be implemented and the Owner elects to KP #366837-v2 18 participate in the program and discontinue its own shuttle service, the Owner intends to provide financial support equivalent with their proportional demand for shuttle service. (e) The Owner shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. Objectives of the,TDM program shall be to increase ridesharing and use of alternative transportation modes by employees and provide a menu to commute alternatives for employees to reduce project-generated trips. A menu of TDM program strategies and elements for future employee commute options may include, but is not limited to, the following: • Onsite Service. Onsite services, such as food, retail, .and other services be provided. • Ridesharing. A computer listing of all employee members be developed for the purpose of providing a "matching" of employees with other employees who live in the same geographic azeas and who could rideshare. • Vanpooling. A computer listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool. • Transit Pass. Orange County Transportation Authority (including commuter rail) passes be promoted through financial assistance and onsite sales to encourage employees to use the various transit and bus services from throughout the region. • Shuttle Service. A computer listing of all employees living in proximity to the project be generated, and a local shuttle program offered to encourage employees to travel to work by means other than the automobile. • Bicycling. A Bicycling Program be developed to offer a bicycling altemative to employees. Secure bicycle racks, lockers, and showers be provided as part of this program. Maps of bicycle routes throughout the areas be provided to inform potential bicyclists of these options. • Guaranteed Ride Home Program. A program to provide employees who rideshaze, or use transit or other means of commuting to'work, with prearranged ride home in a taxi, rental caz, shuttle, or other vehicle, in the event of emergencies during the work shift. • Develop a pazking management program that provides incentives to those who rideshare or use transit means other than single-occupant auto to travel to work. • Access. Preferential access to high occupancy vehicles and shuttles maybe provided. • Financial Incentive for Ridesharing and/or Public Transit. • Financial Incentive for Bicycling. Employees offered financial incentives for bicycling to work. • Actively recruit prospective employees residing within a 30-minute commute shed. KP #366837-v2 19 Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. 12.2.6 Other Community Benefits. Recognizing that the Owner possesses certain unique:. ,-- resources that would benefit the public in general, the Owner shall make the following assets available to the community: (a) In accordance with state and federal law, a state of the art emergency room available to anyone needing emergency care, regardless of ability to pay. (b) Opportunities to provide health coverage for children in need in the City of Anaheim, such as the KP Child Health Plan which currently covers 1800 children in the City of Anaheim (c) A source of grant funding to non-profit community organizations in Anaheim (d) Conference rooms which can be made available for use by Anaheim's community organizations (e) Opportunities for education classes (f) Opportunities for internship programs (g) Opportunities for summer youth programs (h) Opportunities for disaster prepazedness training partnering (i) Public access connection to Anaheim Canyon Metrolink Station 12.3 Citv Processine Fees. OWNER shall pay all standard City-wide processing fees for building permits, zoning review, and other similar fees associated with the Development of the Project which aze in existence at the time of approval of this Development Agreement at the rate in existence at the time said fees are normally required to be paid to CITY. 12.4 Accounting of Funds. CITY will comply with applicable requirements of Government Code Section 65865 relating to accounting of funds. 12.5 I~osition of Increased Fees. Taxes or Assessments. Except as expressly set forth or reserved in this Development Agreement, CITY shall not, without the prior written consent of OWNER, impose any additional fee, tax or assessment on the Project or any portion thereof as a condition to the implementation of the Project or any portion thereof, except such fees, taxes and assessments as are described in or required by this Development Agreement, the Existing Land Use Regulations or the Development Approvals. The rates of such fees, taxes and assessments shall be the rates in existence at the time said fees, taxes and assessments are normally required to be paid to CITY. Nothing contained herein shall be construed to prohibit CITY from imposing fees, taxes or assessments on the Property which are unrelated to the implementation of the Project. Section 13. TIMING OF DEVELOPMENT. ICP #366837-v2 20 Timing of development of infrastructure shall be as set forth in the Final Site Plan. Section 14. EXISTING USES. CITY and OWNER agree that those existing legally established uses on the Property may be retained until the Project is implemented. When those existing uses are demolished, no credit for any such demolished square footage for which Interim Development Fees have not been paid will be given OWNER against Interim Development Fees due on a square footage basis as provided for in this Development Agreement. OWNER will pay the full Interim Development Fees for Permitted Buildings constructed pursuant to the Final Site Plan. Section 15. FUTURE APPROVALS. 15.1 Basis for Denying or Conditional Granting Future Approvals. Before OWNER can begin grading on the Property or other development of the Property, OWNER must secure several additional permits and/or approvals from CITY. The parties agree that to the extent said Development Approvals are ministerial in nature, CITY shall not, through the enactment or enforcement of any subsequent ordinances, rvles, regulations, initiatives, policies, requirements, guidelines, or other constraints, withhold such approvals as a means of blocking construction or of imposing conditions on the Project which were not imposed during an earlier approval period unless CITY has been ordered to do so by a court of competent jurisdiction. Notwithstanding the previous sentence, CITY and OWNER will use their best efforts to ensure each other that all. applications for and approvals of grading permits, building permits or other developmental approvals necessary for OWNER to develop the Project in accordance with the Final Site Plan are sought and processed in a timely manner. 15.2 Standard of Review. The rules, regulations and policies that apply to any additional Development Approvals which OWNER must secure prior to the Development of the Property shall be the Existing Land Use Regulations, as defined in this Development Agreement. 15.3 Future Amendments to Final Site Plan. Future amendments to all or a portion of the Final Site Plan which increase the intensity or density of the Development of the Property, or change the permitted uses of the Property, and are not among those described in Section 17.4 of this Development Agreement, may subject the portion or portions of the Project being amended or affected by the amendment to any change in the CITY's General Plan, zoning designations and rules applicable to the Property and further environmental review and possible mitigation of adverse impacts under CEQA in effect at the time of such amendment. Any such amendment to the Final Site Plan shall be processed concurrently with the processing of an amendment to this Development Agreement. It is the desire and intent of both parties, except as set forth herein, that any such future amendment of the Final Site Plan will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Development Agreement with respect to the unamended portions of the Final Site Plan. Section 16. AMENDMENT. KP #366837-v2 21 16.1 Initiation of Amendment. Either party may propose an amendment to this Development Agreement. 16.2 Procedure. Except as set forth in Section 17.4 below, the procedure for proposing and adopting an amendment to this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution. 16.3 Consent. Except as provided in Section 24 of this Development Agreement, any amendment to this Development Agreement shall require the consent of both parties. No amendment of this Development Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each party hereto. 16.4 Amendments.. Subject to the foregoing provisions of this Section, the parties acknowledge that refinements and further development of the Project may demonstrate that changes aze appropriate with respect to the details and performance of the parties under this Development Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development of the Project and with respect to those items covered in general terms under this Development Agreement. If and when the parties find that changes or .adjustments aze necessary orappropriate to further the intended purposes of this Development Agreement, they may, unless otherwise required by law, effectuate such changes or adjustments as specified in the Development Approvals. 16.5 Effect of Amendment to Develonment Agreement. The parties agree that except as expressly set forth in any such amendment, an amendment to this Development Agreement will not alter, affect, impair, modify, waive or otherwise impact any other rights, duties or obligations of either party under this Development Agreement. Section 17. RESOLUTION OF INTENT AND USES FOR THE PROPERTY. 17.1 Non-Cancellation of Rights. Subject to defeasance pursuant to Sections 25, 26 or 27 of this Development Agreement, the Final Site Plan and other Development Approvals as provided for in this Development Agreement shall be final and the rights once granted thereby shall be vested in the Property upon recordation of this Development Agreement. Section 18. BENEFITS TO CITY. The direct and indirect benefits CITY (including, without limitation, the existing and future anticipated residents of CI7") expects to receive pursuant to this Development Agreement include, but aze not limited to, the following: The participation of OWNER in the accelerated, coordinated and more economic constmction, funding and dedication to the public, as provided in this Development Agreement, of certain of the vitally needed on-site .and area-wide public improvements and facilities, and assurances that the entire Project infrastructure will be developed as set forth in the Final Site KP #366837-v2 22 Plan and this Development Agreement in order to encourage development of The Platinum Triangle; and The considerations set forth in Sections 9 and 10 of this Development Agreement. Section 19. BENEFITS TO OWNER. OWNER has expended and will continue to expend large amounts of time and money on the planning and infrastructure construction for the Project. OWNER asserts that OWNER would not make any additional expenditures, or the advanced expenditures required by this Development Agreement, without this Development Agreement and that any additional expenditures which OWNER makes after the Development Agreement Date will be made in reliance upon this Development Agreement. Without limiting the generality of the foregoing, this Development Agreement provides for the completion of public improvements and facilities at the time when they would be justified economically in connection with the phasing of the Project, and of a size which would be justified only by the magnitude of the Project provided for by the Final Site Plan and this Development Agreement. The benefit to OWNER under this Development Agreement consists of the assurance that OWNER will preserve the right to develop the Property as planned and as set forth in the Final Site Plan and this Development Agreement. The parties acknowledge that the public benefits to be provided by OWNER to CITY pursuant to this Development Agreement are in consideration for and reliance upon. assurances that the Property can be developed in accordance with the Final Site Plan and this Development Agreement. Section 20. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE. The mutual undertakings and assurances described above and provided for in this Development Agreement are for the benefit of CITY and OWNER and promote the. comprehensive planning, private and public cooperation and participation in the provision of public facilities, and the effective and efficient development of infrastructure and facilities supporting development which was contemplated and promoted by the Development Agreement Statute. CITY agrees that it will not take any actions which are intended to circumvent this Development Agreement. Section 21. RESERVED AUTHORITY.. 21.1 State and Federal Laws and Reeulations. In the event that the State or Federal laws or regulations enacted after this Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, such provisions of the Development Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Development Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, CITY shall not adopt or undertake any rule, regulation or policy which is inconsistent with this Development KP #366837-v2 23 Agreement until CITY makes a finding that such rule, regulation or policy is reasonably necessary to comply with such State and Federal laws or regulations. 21.2. Model Codes. This Development Agreement shall not prevent CITY from applying new rules, regulations and policies contained in model codes, including, but not limited to, the Anaheim Building Code as adopted in Title 15, Section 15.02. 21.3 Public Health and Safety. This Development Agreement shall not prevent CITY from adopting new rules, regulations and policies, including amendments or modifications to model codes described in Section 22.2 of this Development Agreement which duectly result from findings by CITY that failure to adopt such rules, regulations or policies would result in a condition injurious or detrimental to the public health and safety. Notwithstanding the foregoing, CITY shall not adopt any such rules, regulations or policies which prevent or preclude compliance with one or more provisions of this Development Agreement until CITY makes a finding that such rules, regulations or policies are reasonably necessary to correct or avoid such injurious or detrimental condition. Section 22. CANCELLATION. 22.1 Initiation of Cancellation. Either party may propose cancellation of this Development Agreement. 22.2 Procedure. The procedure for proposing a cancellation of and cancelling this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution and Section 65868 of the Government Code.. 22.3 Consent of OWNER and CITY. Any cancellation of this Development Agreement shall require the mutual consent of OWNER and CITY. Section 23. PERIODIC REVIEW. 23.1 Time for Review. CITY shall, at least every twelve (12) months after the Development Agreement Date, review the extent of good faith compliance by OWNER with the terms of this Development Agreement. OWNER's failure to comply with the timing schedules set forth in the Final Site Plan shall constitute rebuttable evidence of OWNER's lack of good faith compliance with this Development Agreement. Such periodic review shall determine compliance with the terms of this Development Agreement pursuant to California Government Code Section 65865.1 and other successor laws and regulations. 23.2 OWNER's Submission. Each year, not less than forty-five (45) days or more than sixty (60) days prior to the anniversary of the Development Agreement Date, OWNER shall submit evidence to the City Council of its good faith compliance with the terms and conditions of this Development Agreement. OWNER shall notify the City Council in writing that such evidence is being submitted to CITY pursuant to the requirements of Section 6.2 of the Procedures Resolution. On each occasion that OWNER submits its evidence for a periodic KP #366837-v2 24 review, OWNER shall pay to CITY a reasonable processing fee in an amount established by the CITY at the time of approval of this Development Agreement. 23.3 Findines. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine, on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review far that period shall be deemed concluded. If the City Council finds .and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non- compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such end. If during the cure period, OWNER fails to cure such noncompliance or is not making reasonable good faith progress towards such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 26 of this Development Agreement. 23.4 Initiation of Review by City Council. In addition to the periodic review set forth in this Development Agreement, the City Council may at any time initiate a review of this Development Agreement upon the giving of written notice thereof to OWNER. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the City Council of OWNER's good faith compliance with this Development Agreement and such review and determination shall proceed in the manner as otherwise provided in this Development Agreement. Section 24. EVENTS OF DEFAiJLT 24.1 Defaults by OWNER. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non-compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towazds such end. If during the cure period OWNER fails to cure such non-compliance or is not making reasonable progress towazds such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 26 of this Development Agreement. Upon the occurrence of a default under this Agreement, the non-defaulting party may institute legal proceedings to enforce the terms of this Agreement or, in the event of a material default, terminate this Agreement. If the default is cured, then no default shall exist and the noticing party shall take no further action. KP #366837-v2 25 Section 25. MODIFICATION OR TERMINATION. If pursuant to Section 25.1 of this Development Agreement, CITY elects to modify or terminate this Development Agreement or establish a revised time schedule for compliance'as herein provided, then CITY shall proceed as set forth in this Section. 25.1 Notice to OWNER. CITY shall give notice to OWNER of City Council's intention to proceed to modify or terminate this Development Agreement or establish a time schedule for compliance within ten (10) days of making the CITY's findings. 25.2 Public Hearing. The Ciry Council shall set and give notice of a public hearing on modification, termination or a time schedule for compliance to be held within forty-days after the City Council gives notice to OWNER. 25.3 Decision. The City Council shall announce its findings and decisions on whether this Development Agreement is to be terminated, how this Development Agreement is to be modified or the provisions of the Development Agreement with which OWNER must comply and a time schedule therefore not more than ten (10) days following completion of the public hearing. 25.4 Implementation. Amending or terminating this Development Agreement shall be accomplished by CITY enacting an ordinance. The ordinance shall recite the reasons which, in the opinion of the CITY, make the amendment or termination of this Development Agreement necessary. Not later then ten (10) days following the adoption of the ordinance, one copy thereof shall be forwarded to OWNER. This Development Agreement shall be terminated or this Development Agreement as modified shall become effective on the effective date of the ordinance terminating or modifying this Development Agreement. This Development Agreement shall supercede all ordinances, rules and regulatioins that are inconsistent with its provisions. 25.5 Schedule for Compliance. Setting a reasonable time schedule for compliance with this Development Agreement maybe accomplished by CITY enacting a resolution. The resolution shall recite the reasons which, in the opinion of CITY, make it advisable to set a schedule for compliance and why the time schedule is reasonable. Not later than ten (10) days following adoption of the resolution, one copy thereof shall be forwarded to OWNER. Compliance with any time schedule so established as an alternative to amendment or termination shall be subject to periodic review as provided in this Development Agreement and lack of good faith compliance by OWNER with the time schedule shall be basis for termination or modification of this Development Agreement. Section 26. ASSIGNMENT. 26.1 Rieht to Assign. OWNER shall have the right to sell, mortgage, hypothecate, assign or transfer this Development Agreement, and any and all of its rights, duties and obligations hereunder, to any person, partnership, joint venture, Firm or corporation at any time KP #366837-v2 26 during the term of this Development Agreement, provided that any such sale, mortgage, hypothecation, assignment or transfer must be pursuant to a sale, assignment or other transfer of the interest of OWNER in the Property, or a portion thereof In the event of any such sale,,... mortgage, hypothecation, assignment or transfer, (a) OWNER shall notify CITY of such event and the name of the transferee, together with the corresponding entitlements being transferred to such transferee and (b) the agreement between OWNER and such transferee shall provide that either OWNER or the transferee or both shall be liable for the performance of all obligations of OWNER pursuant to this Development Agreement and the Development Approvals. Such transferee and/or OWNER shall notify CITY in writing which entity shall be liable for the performance of such obligations, and upon the express written assumption of any or all of the obligations of OWNER under this Development Agreement by such assignee, transferee or purchaser shall, without any act of or concurrence by CITY, relieve OWNER of its legal duty to perform said obligations under this Development Agreement with respect to the Property or portion thereof, so transferred, except to the extent OWNER is not in default under the terms of this Development Agreement. 26.2 Release Upon Transfer. It is understood and agreed by the parties that the Property maybe subdivided following the Development Agreement Date. One or more of such subdivided pazcels may be sold, mortgaged, hypothecated, assigned or transferred to persons for development by them in accordance with the provisions of this Development Agreement.: Effective upon such sale, mortgage, hypothecation, assignment or transfer; the obligations of OWNER shall become several and not joint, except as to OWNER's obligations set forth in Section 10 of this Development Agreement. Upon the sale, transfer, or assignment of OWNER's rights .and interests under this Development Agreement as permitted pursuant to the Section 27.1 above, OWNER shall be released from its obligations under this Development Agreement with respect to the Property, orportion thereof so transferred, provided that (a) OWNER is not then in default under this Development Agreement, (b) OWNER has provided to CITY the notice of such transfer specified in Section 27.1 above, (c) the transferee executes and delivers to CITY a written agreement in which (i) the name and address of the transferee is set forth and (ii) the transferee expressly and unconditionally assumes all the obligations of OWNER under this Development Agreement and the Development Approvals with respect to the property, or portion thereof, so transferred and (d) the transferee provides CITY with security equivalent to any security provided by OWNER to secure performance of its-. obligations under this Development Agreement or the Development Approvals. Non- compliance by any such transferee with the terms and conditions of this Development Agreement shall not be deemed a default hereunder or grounds for termination hereof or constitute cause for CITY to initiate enforcement action against other persons then owning or holding interest in the Property or any portion thereof and not themselves in default hereunder. Upon completion of any phase of development of the Project as determined by CITY, CITY may release that completed phase from any further obligations under this Development Agreement. The provisions of this Section shall beself-executing and shall not require the execution or recordation of any further document or instrument. Any and all successors, assigns and transferees of OWNER shall have all of the same rights, benefits and obligations of OWNER as used in this Development Agreement and the term "OWNER" as used in this Development Agreement shall refer to any such successors, assigns and transferees unless expressly provided herein to the contrary. KP #366837-v2 27 Section 27. NO CONFLICTING ENACTMENTS. By entering into this Development Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Project in accordance with the terms and conditions of this Development Agreement, and in accordance with, and to the extent of, the Development Approvals. By entering into this Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and general welfare. CITY therefore agrees that except as provided in Section 22 of this Development Agreement, neither the City Council nor any other agency of CITY shall support, adopt, or enact a rule, regulation, ordinance or other measure which relates to the rate, timing or sequencing of the Development or construction of any part of the Project and which is inconsistent, in conflict with or would violate the express provisions or intent of this Development Agreement or the Development Approvals. Section 28. GENERAL. 28,1 Force Majeure. The Term of this Development Agreement and the time within which OWNER shall be required to perform any act under this Development Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably by strikes, lock-outs, Acts of God, failure or inability to secure materials or labor by reason of priority or similaz regulations or order of any governmental or regulatory body, initiative or referenda, moratoria, enemy action, civil disturbances, fire, unavoidable casualties, or any other cause beyond the reasonable control of OWNER. 28.2 Constrnction of Development Agreement. The language in all parts of this Development Agreement shall in all cases, be construed as a whole and in accordance with its fair meaning. The captions of the paragraphs and subpazagraphs of this Development Agreement are for convenience only and shall not be considered or referred to in resolving questions of constructions.. This Development Agreement shall be governed by the laws of the State of California. The parties understand and agree that this Development Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of CITY, and in particular, the CITY's police powers. In this regard, the parties understand and agree that this Development Agreement shall not be deemed to constitute the surrender or abnegafion of the CITY's govemmental powers over the Property. 28..3 Severability. If any provision of this Development Agreement shall be adjudged to be invalid, void or unenforceable, such provision shall in no way affect, impair or invalidate any other provision hereof, unless such judgment affects a material part of this Development Agreement, the parties hereby agree that they would have entered into the remaining portions of this Development Agreement not adjudged to be invalid, void or illegal. In the event that all or any portion of this Development Agreement is found to be unenforceable, this Development Agreement or that portion which is found to be unenforceable shall be deemed to be a statement of intention by the parties; and the parties further agree that in such event they shall take all steps necessary to comply with such public hearings and/or notice requirements as may be KP #366837-v2 28 necessary in order to make valid this Development Agreement or that portion which is found to be unenforceable. Notwithstanding any other provisions of this Development Agreement, in the event that any material provision of this Development Agreement is found to be unenforceable, void or voidable, OWNER or CITY may terminate this Development Agreement in accordance with the provisions of the Development Agreement Statute and the Procedures Resolution. 28.4 Cumulative Remedies. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenantor. agreement herein, or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, relief in the nature of mandamus and actions for. damages. All of the remedies described above shall be cumulative .and not exclusive of one. another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy.. 28.5 Hold Harmless Agreement. OWNER and CITY hereby mutually agree to, and shall hold each other, each other's elective and appointive councils, boazds, commissions, officers, partners, agents, representatives and employees harmless from any liability for damage or claims for damage for personal injury, including death, and from claims for properly damage which may arise from the activities of the other's or the other's contractors', subcontractors', agents', or employees' which relate to the Project whether such activities be by OWNER or CITY, or by any of the OWNER's or the CITY's contractors, subcontractors, or by any one or more persons indirectly employed by, or acting as agent for OWNER any of the OWNER's or the CITY's contractors or subcontractors. OWNER and CITY agree to and shall defend the other and the other's elective and appointive councils, boazds, commissioners, officers, partners,. agents, representatives and employees from any suits or actions at law or in equity for damage caused or alleged to have been caused by reason of the aforementioned activities which relate to the Project. 28.6 Cooperation in the Event of Legal Challenee. (a) In the event of any administrative, legal or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of the Agreement or any Project Approval or Subsequent Approval, the parties shall cooperate in defending such action or proceeding. The parties shall use best efforts to select mutually agreeable legal counsel to defend such action, and OWNER shall pay compensation for such legal counsel; provided, however, that such compensation shall include only compensation paid to counsel not otherwise employed as City staff and shall exclude, without limitation, City Attorney time and overhead costs and other City staff overhead costs and normal day-to-day business expenses incurred by CITY. OWNER's obligation to pay for legal counsel shall not extend to fees incurred on appeal unless otherwise authorized by OWNER. In the event CITY and OWNER are unable to select mutually agreeable legal counsel to defend such action or proceeding, each party may select its own legal counsel at its own expense. 28.7 Public Agency Coordination. At OWNER's sole discretion and in accordance with OWNER's construction schedule, OWNER shall apply for such other permits and approvals as maybe required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Project. CITY shall KP #366837-v2 29 cooperate with OWNER in its efforts to obtain such permits and approvals and shall, from time. to time at the request of OWNER, use its best efforts to enter into binding agreements with any such entity as maybe necessary to ensure the timely availability of such permits and approvals. 28.8 Initiative Measures. Both CITY and OWNER intend that this Development Agreement is a legally binding contract which will supersede any initiative, measure, moratorium, referendum, statute, ordinance or other limitation (whether relating to the rate, timing or sequencing of the Development or constmction of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use approved, issued or granted within the CITY, or portions of the CITY, and which Agreement shall apply to the Project to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation is inconsistent or in conflict with this Development Agreement. Should an initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be enacted by the citizens of CITY which would preclude construction of all or anypart of the Project, and to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Development Agreement, OWNER shall have no recourse against CITY pursuant to the Development. Agreement, but shall retain all other rights, claims and causes of action under this Development Agreement not so invalidated and any and al] other rights, claims and causes of action as ]aw or in equity which OWNER may have independent of this Development Agreement with respect to the project. The foregoing shall not be deemed to limit OWNER's right to appeal any such determination that such initiative, measure, referendum, statute, ordinance or other limitation invalidates or prevails over all or any part of this Development Agreement. CITY agrees to cooperate with OWNER in all reasonable manners in order to keep this Development Agreement in full force and effect, provided OWNER shall reimburse CITY for its out-of-pocket expenses incurred directly in connection with such cooperation and CITY shall not be obligated to institute a lawsuit or other court proceedings in this connection. 28:9 Attomevs' Fees.. In the event of any dispute between the parties involving the covenants or conditions contained in this Development Agreement, the prevailing party shall be entitled to recover reasonable expenses, attorneys fees and costs. 28.10 No Waiver. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Development Agreement shall impair any such right or power ar be construed to be a waiver thereof. A waiver by either party of any of the covenants or conditions to be performed by the other party shall not be construed as a waiver of any succeeding breach of non-performance of the same or other covenants and conditions hereof. 28.11 Authority to Execute. The person executing this Development Agreement on behalf of OWNER warrants and represents that he/she has the authority to execute this Development Agreement on behalf of his/her partnership and represents that be/she has the authority to bind OWNER to the performance of OWNER's obligations hereunder. KP #366837-v2 30 28.12 Notice. 28.12.1 To OWNER. Any notice required or permitted to be given by CITY to OWNER under or pursuant to this Development Agreement shall be deemed sufficiently given if in writing and delivered personally to an officer of OWNER or mailed with postage thereoii fully prepaid, registered or certified mail, return receipt requested, addressed; to OWNER as follows: Attention: Kaiser Foundation Hospitals 1800 Harrison Street, 19`h Fl. Oakland, CA 94612 Attn: Indrajit Obeysekere Legal and Entitlements i.obevsekere(cdko.ore (510)625-6405 or such changed address as OWNER shall designate in writing to CITY. 28.12.2 To CITY. Any notice required or permitted to be given to CITY under or pursuant to this Development Agreement shall be made and given in writing, if by mail addressed to: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92803 or such changed address as CITY shall designate in writing to OWNER: With copies to: City Manager City of Anaheim P.O. Box 3222 Anaheim, California 92803 City Attorney. City of Anaheim P.O. Box 3222 Anaheim, California 92803 and if personally delivered to the City Clerk, at the Anaheim Civic Center, 200 S. Anaheim. Blvd., Anaheim, California, together with copies marked for the City Manager and the City Attorney or, if so addressed and mailed, with postage thereon fully prepaid, registered or KP #366837-v2 31 certified mail, return receipt requested, to the City Council in Gaze of the City Clerk at the above. address with copies likewise so mailed to the City Manager and the City Attorney, respectively and also in care of the City Clerk at the same address. The provisions of this Section shall be deemed permissive only and shall not detract from the validity of any notice given in a manner which would be legally effective in the absence of this Section. ' 28.13 C~a tions. The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. 28.14 Consent. Any consent required by the parties in carrying out the terms of this Development Agreement shall not unreasonably be withheld. 28.15 Further Actions and Instmments. Each of the parties shall cooperate with and provide reasonable to the other to the extent contemplated hereunder in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as maybe reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill the provisions of this Development Agreement or to evidence or consummate the transactions contemplated by this Development Agreement. 28.16 Subsequent Amendment to Authorizine Statute. This Development Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute in effect as of the Development Agreement Date. Accordingly, subject to Section 22.1 above, to the extent that subsequent amendments to the Govemment Code would affect the provisions of this Development Agreement, such amendments shall not be applicable to this Development Agreement unless necessary for this Development Agreement to be enforceable or unless this Development Agreement is modified pursuant to the provisions set forth in this Development Agreement and Government Code Section 65868 as in effect on the Development Agreement Date. 28.17 Governine Law. This Development Agreement, including, without limitation, its existence, validity, construction and operation, and the rights of each of the parties shall be determined in accordance with the laws of the State of California. 28.18 Effect on Title. OWNER and CITY agree that this Development Agreement shall not continue as an encumbrance against any portion of the Property as to which this Development Agreement has terminated. 28.19 Morteagee Protection. Entering into or a breach of this Development Agreement shall not defeat, render invalid, diminish, or impair the lien of Mortgagees having a mortgage on any portion of the Property made in good faith and for value, unless otherwise required by law. No Mortgagee shall have an obligation or duty under this Development Agreement to KP #36fi837-v2 32 perform OWNER's obligations, or to guarantee such performance prior to any foreclosure or deed in lieu thereof. 28.20 Notice of Default to Mortga eg e, Right of Mortgagee to Cure. If the City Clerk timely receives notice from a Mortgagee requesting a copy of any notice of default given to. OWNER under the terms of this Development Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, for a period up to ninety (90) days after the receipt of such notice from CITY to cure or remedy, or to commence to cure or remedy the default unless a further extension of time to cure is granted in writing by CITY. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and continually through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or non-compliance within thirty (30) days after obtaining possession. If any such default or non-compliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or non-compliance if such Mortgagee commences cure. during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 28.21 Bankruntcy. Notwithstanding the foregoing provisions of Section 29.20 of this Development Agreement, if any Mortgagee is prohibited from commencing or pursues and prosecuting foreclosure or other appropriate proceedings in the nature thereof by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving CITY, the times specified in this Section for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. 28.22 Disaffirmance. 28.22.1 CITY agrees that in the event of termination of this Agreement by reason of any default by CITY, or by reason of the disaffirmance hereof by a receiver, liquidator or tmstee for OWNER or its property, CITY, if requested by any Mortgagee, shall enter into a new Development Agreement for the Project with the most senior Mortgagee requesting such new agreement, for the remainder of the Term, effective as of the date of such termination, upon the terms, provisions, covenants and agreements as herein contained to the extent and subject to the law then in effect, and subject to the rights, if any, of any parties then in possession of any part of the Property, provided: 28.22.2 The Mortgagee shall make written request upon CITY for the new Development Agreement for the Project within thirty (30) days after the date of termination; 28.22.3 The Mortgagee shall pay to CITY at the time of the execution and delivery of the new Development Agreement for the Project expenses, including reasonable attorneys' fees, to which CITY shall have been subjected by reason of OWNER's default; and KP #366837-v2 33 28.22.4 The Mortgagee shall perform and observe all covenants herein contained on OWNER's part to be performed, and shall further remedy any other conditions which OWNER under the terminated agreement was obligated to perform under its terms, to the extent the same are curable or may be performed by the Mortgagee. 28.22.5 Nothing herein contained shall require any Mortgagee to enter into a new agreement pursuant to Section 29.22.1 above, nor to cure any default of OWNER referred to above. 28.23 No Third Partv Beneficiaries. This Development Agreement and all provisions hereof is made and entered into for the sole protection and benefit of CITY, OWNER and their successors and assigns. No other person shall have right of action based upon any provision in this Development Agreement. 28.24 Proiect as a Private Undertakins. It is specifically understood and agreed by and between the parties hereto that the Project is a private development, that neither parry is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, joint venture or other association of any kind is formed by this Development Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such private property. 28.25 Restrictions. Property OWNER shall place in any agreements to sell or convey. any interest in the Property or any portion thereof, provisions making the terms of this Development Agreement binding on any successors in interest of OWNER and express. provision for OWNER or CITY, acting separately or jointly, to enforce the provisions of this Development Agreement and to recover attorneys' fees and costs for such enforcement. 28.26 Recitals. The recitals in this Development Agreement constitute part of this Development Agreement and each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Development Agreement. 28.27 Recordine. The City Clerk shall cause a copy of this Development Agreement to be executed by CITY and recorded in the Official Records of Orange County no later than ten (10) days after CITY approves this Development Agreement. 28.28 Title Report. CITY is required to sign this Development Agreement only after OWNER has provided CITY with a satisfactory preliminary title report evidencing and showing OWNER's legal and equitable ownership interest in the Property, current within six (6) months, unencumbered except for the exceptions (hereinafter the "Permitted Exceptions") set in a preliminary title report for the Property acceptable to CITY (the "Preliminary Title Report"). Any instrument of monetary encumbrance such as a deed of trust or a mortgage entered into subsequent to the date of the Preliminary Title Report and prior to the Development Agreement Date, shall contain language expressly subordinating such instruments of monetary encumbrance to the provisions of this Development Agreement. OWNER shall present KP #366837-v2 34 evidence, satisfactory to CITY, of OWNER's legal title to Property, subject only to the Permitted Exceptions and any such subordinated instruments of monetary encumbrance, at the time of recordation of this Agreement, or a memorandum thereof. 28.29 Entire Agreement. This Development Agreement, constitutes the entire agreement between the parties with respect to the subject matter of this Development Agreement, and this Development Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 28.29 Successors and Assigns. The burdens of the Development Agreement shall be binding upon, and the benefits of the Development Agreement inure to .all successors in interest and assigns of the parties to the Development Agreement. 28.31 OWNER's Title of Property. Neither party hereto shall be bound by any provision of this Agreement unless and until OWNER shall record this Development Agreement or a memorandum thereof, in the office of the County Recorder of the County sufficient to cause this Agreement and the obligations contained herein to attach to and encumber OWNER's fee title to Property. 28.32 Exhibits. All exhibits, including attachments thereto, aze incorporated in this Development Agreement in their entirety by this reference. KP #366837-v2 35 IN WITNESS WHEREOF, CITY and OWNER have executed this Development Agreement as of the date and year first above written. <`CITY" "OWNER" CITY OF ANAHEIM, a KAISER FOUNDATION HOSPITALS municipal corporation a California nonprofit public benefit By: Mayor ATTEST: LINDA NGUYEN City Clerk APPROVED AS TO FORM: JACK L. WHITE, City Attorney KP #366837-v2 36 corporation By: Indrajit Obeysekere Title: Counsel and Assistant Secretary STATE OF CALIFORNIA ) )ss: COUNTY OF ORANGE ) On this _ day of , 20_, be undersigned, a Notary Public for the State of California duly commissioned and sworn, personally appeared personally known to me or proved to me on the basis of satisfactory evidence, to be the person who executed the.withln instrument as Mayor of the City of Anaheim, the municipal corporation executing the within instrument, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. [SEAL] STATE OF ) )ss. COUNTY OF ) On , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as on behalf of ,the corporation therein named that executed the within instrument, and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. [SEAL] STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE ) On this day of , 20_, BEFORE ME, THE Undersigned, A Notary Public for the State of California, duly commissioned and sworn, personally appeared LINDA NGUYEN, personally known to me or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as City Clerk of the City of Anaheim, the municipal corporation executing the within instrument, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public KP #366837-v2 37 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 73° 49' 30" EAST 121.24 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT TO AN ANGLE POINT IN THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 13, 1953 IN BOOK 2613, PAGE 231 OF OFFICIAL RECORDS; THENCE NORTH 9° iS 43" EAST 79.00 FEET TO AN ANGLE POINT IN SAID STATE LAND; THENCE NORTH 62° 22' 41" EAST 68.45 FEET TO THE EASTERLY LINE OF THE WESTERLY 2/3RDS OF SAID LOT 3; THENCE NORTH 3° 45' 29" WEST 392.19 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 73° 49' 30" WEST 203.56 FEET TO THE WESTERLY LINE OF SAID LOT; THENCE SOUTH 3° 45' 29" EAST 479.15 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHERLY 12.00 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 2613, PAGE 231 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE WESTERLY LINE OF SAID LAND SOUTH 9° 34' 41" WEST 46.91 FEET; THENCE NORTH 13° 55' 07" WEST 46.02 FEET; THENCE ALONG ANON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET, FROM A TANGENT WHICH BEARS NORTH 15° 51' 30" WEST, THROUGH AN ANGLE OF 130° 59' S8" AN ARC DISTANCE OF 114.32 FEET; THENCE TANGENT SOUTH 64° 51' 32" EAST 10.07 FEET TO THE EAST LINE OF THE WEST 2/3 OF SAID LOT; THENCE ALONG SAID EAST LINE .SOUTH 3° 24' 32" EAST 21.68 FEET TO THE NORTHERLY LINE OF SAID LAND CONVEYED TO SAID STATE; THENCE ALONG SAID NORTHERLY LINE SOUTH 62° 41' 39" WEST 68.49 FEET TO THE POINT OF BEGINNING. PARCEL 2: PARCELS 1 AND 2, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT NO. 330 RECORDED MAY 15, 1995 AS INSTRUMENT NO. 95-0208325 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2A: ANON-EXCLUSNE EASEMENT FOR VEHICULAR INGRESS AND EGRESS AND UTILITIES OVER THAT PORTION OF LOT 6 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, KP #366837-v2 38 RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN THE LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF MILLER STREET AND LA PALMA AVENUE AS SHOWN ON PARCEL MAP NO. 90-334, AS PER MAP RECORDED IN BOOK 271, PAGES 42 AND 43 OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, THENCE AT RIGHT ANGLES TO THE CENTERLINE OF SAID LA PALMA AVENUE SOUTH 16° 16' 00" EAST 53.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LA PALMA AVENUE (106 FEET WIDE) AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, AS RECORDED IN BOOK 5794, PAGE 284 OF OFFICIAL RECORDS OF .SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID .SOUTHERLY LINE NORTH 73° 44' 00" EAST 25.00 FEET; THENCE SOUTH 16° 16' 00" EAST 3223 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' S3" AN ARC LENGTH OF 47.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 86° 18' 07" EAST 83.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 60:00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° SS 59" AN ARC LENGTH OF 94.18 FEET TO A POINT OF TANGENCY ON A LINE PARALLEL WITH AND DISTANT EASTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 6; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 3° 45' S4 EAST 1017,06" FEET TO THE NORTH LINE OF THE SOUTH 12 FEET OF LOTS 5 AND 6 OF SAID ORANGE GROVE ACRES; THENCE WESTERLY ALONG SAID NORTH LINE SOUTH 73° 47' 20" WEST 30.72 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM SAID EAST LINE OF LOT 6; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 3° 4S 54" WEST 978.30 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADNS OF 95.00 FEET, A RADIAL LINE FROM SAID NONTANGENT POINT BEARS SOUTH 77° 28' 49" WEST; THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 48° 26' 39", AN ARC LENGTH OF 80.32 FEET TO A POINT ON A NON- TANGENT LINE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29° 02' 10" EAST; THENCE LEAVING SAID CURVE SOUTH 86° 18' 07" WEST 81.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 2S 53" AN ARC LENGTH OF 101.36 FEET; THENCE NORTH 16° 16' 00" WEST 30.00 FEET TO SAID SOUTH LINE OF LA PALMA AVENUE; THENCE EASTERLX ALONG SAID SOUTH LINE NORTH 73° 44' 00" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF KP #366837-v2 39 RECORDED IN BOOK 6, PAGE 42, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, SAID POINT BEING IN THE CENTER LINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE. SOUTH 3° 4S 29" EAST ALONG THE WESTERLY LINE OF SAID LOT 3 A DISTANCE OF 764.48 FEET TO A POINT THAT IS NORTH 3° 45' 29" WEST 479.15 FEET FROM THE' SOUTHWEST CORNER OF SAID LOT 3 SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO FREDERICK P. MORLEY AND OTHERS, RECORDED APRIL 28, 1959, IN BOOK 4687, PAGE 372, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 73° 49' 30" EAST ALONG THE NORTHERLY LINE OF SAID LAND TO MORLEY, 203.56 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 2/3RDS OF SAID LOT 3, SAID POINT BEING THE NORTHEAST CORNER OF SAID MORLEY LAND; THENCE NORTH 3° 45' 29" WEST ALONG SAID EASTERLY LINE OF THE WESTERLY 2/3RDS OF LOT 3 A DISTANCE OF 764.81 FEET TO A POINT IN SAID CENTER UNE OF LA PALMA AVENUE, SAID CENTER LINE BEING THE NORTH LINE OF SAID LOT 3; THENCE SOUTH 73° 44' 00" WEST 203.56 FEET TO THE POINT OF BEGINNING. PARCEL 3A: THE WEST ONE-THIRD OF LET 2 AND THE EAST ONE-THIRD OF LOT 3, BOTH OF ORANGE GROVE ACRES, AS ~ ER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED MAY 4, 1964 IN BOOK 7029, PAGE 419 OF OFFICIAL RECORDS. PARCEL 38: THAT PORTION OF LOT 4,OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 4, SOUTH 73° 44' 00" WEST 85.29 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING ON THE CENTERLINE OF LA PALMA AVENUE {40.00 FEET WIDE); THENCE SOUTH 03° 45' 29" EAST 662.78 FEET, PARALLEL WITH THE EASTERLY LINE OF SAID LOT 4; THENCE SOUTHEASTERLY 117.77 FEET TO A POINT ON SAID EASTERLY LINE NORTH 03° 4S 29" WEST 479.15 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO FREDERICK P. MORLEY AND OTHERS RECORDED APRIL 28, 1959 IN BOOK 4687, PAGE 372 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. KP #366837-v2 40 EXHIBIT °`B" FINAL SITE PLAN Exhibit No. Title 1 2 3 4 5 6 7 8 9-12 13 14 15 16 17 18 Title Sheet Site data and parking Tentative Parcel Map Grading and utilities Site Plan / Buildout Site Plan /Three Phases Conceptual Signage Illustrative Site Plan Building sections and elevations Hospital floor plans POB floor plans Pazking structure floor plans Landscape plan Colored site plan Colored rendering KP #366837-v2 41 EXHIBIT "C" CONDITIONS OF APPROVAL EXHIBIT "C-I" DEVELOPMENT AGREEMENT CONDITIONS OF APPROVAL EXHIBIT "C-2" DEVELOPMENT AGREEMENT RESOLUTION EXHIBIT "C3" CONDITIONAL USE PERMIT RESOLUTION EXHIBIT "C-4" SPECIFIC PLAN AMENDMENT RESOLUTION EXHIBIT "C-5" TENTATIVE PARCEL MAP RESOLUTION EXHIBIT "C-6" ENVIRONMENTAL IMPACT REPORT RESOLUTION KP #366837-v2 42 EXIiIBIT "C-1" Development Agreement No. 2007-00003 CONDITIONS OF APPROVAL "OWNER" shall be as defined in subsection 1.16 of Section 1 DEFINITIONS of Development Agreement No. 2007-00003.. Planning 1. That the project is expressly conditioned upon the OWNER indemnifying and holding harmless the City, its agents, officers, council members, employees, boards, commissions and their members and the City Council from any claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of such litigation being to attack, set aside, void or annul any approval of the application or related decision, or the adoption of any environmental documents which relates to the approval of the Proposed Actions. This indemnification shall include, but is not limited to, all reasonable damages, costs, expenses, attorney fees or expert witness fees that maybe awarded to the prevailing party, and costs of suit, attorneys' fees, and other costs, liabilities and expenses arising out of or in connection with the approval of the application or related decision, whether or not there is concurrent, or passive negligence on the part of the City, its agents, officers, council members, employees, boards, commissions and their members and the City Council. The OWNER shall have the right to select legal counsel. The City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and the OWNER shall reimburse the City for any costs and expenses reasonably incurred by the City in the course of the defense. No later than 30 (thirty) days following the City Council's adoption of the Ordinance adopting Development Agreement No.2007-00003, the OWNER shall provide a letter to the City satisfactory to the City Attorney's Office memorializing the foregoing. 2. That this Development Agreement No. 2007-00003 is granted expressly conditioned upon approval of Conditional Use Permit No. 2006-05146, Specific Plan Amendment No. 2007- 00048, and Tentative Parcel Map No. 2007-195, and the determination by the City Council that EIR No. 2007-00337, along with Mitigation Monitoring Plan No. 147 are adequate to serve as the environmental documentation for these acfions. 3. The Planning Director has the authority to grant the modification of the timing of any of the conditions of approval of Development Agreement No. 2007-00003, provided said modification does not result in any increase in environmental impacts for which sufficient mitigation cannot be provided. Any request for such modifications shall be in writing and shall clearly identify the reason for the modification. Appeal of such decision shall be provided pursuant to Section 18.60.135 (Appeals -Planning Director Decisions) of the Anaheim Municipal Code. 4. That OWNER shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with Mitigation Monitoring Plan No. 147 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. KP #366837-v2 43 5. That prior to issuance of any sign permit, OWNER shall submit a coordinated sign program for the review and approval of the Planning Department. Any decision by the Planning Department maybe appealed to the Planning Commission as a Reports and Recommendations... item 6. That the Parking Areas shall be constructed so that there will be sufficient parking spaces available within the Property to serve the Project, as depicted and substantially in conformance with the Final Site Plan. Prior to commencement of construction of the first building within the Project, OWNER shall restrict the use of the Parking Areas to tenants, visitors, patrons, invitees and other users of the Permitted Development, and shall record a covenant against the Property in a form approved by the City Attorney stating that the use of the Parking Areas shall be limited in that manner. That prior to the issuance of building permits for the pazking structure, plays shall show that all necessary columns are provided and that the striping/layout meets all Code requirements. 8. That prior to the issuance of the first building permit, plans shall show that all proposed water vaults, telecommunication utilities, and all other above-ground utilities shall be located behind the setback and fully screened as required by Code or integrated within the proposed buildings. 9. That final elevation plans, including colored elevations and a material board, shah be submitted to the Planning Department for review and approval by the Planning Commission as a Reports and Recommendations item. Public Works, Development Services 10. Prior to the first final building and zoning inspection, OWNER shall execute and record with the Orange County Recorder a declaration of Covenants, Conditions and Restrictions ("CC&Rs") to run with the land, satisfactory to the Planning Director, City Engineer and the City Attorney, creating maintenance obligations to maintain the following areas and facilities (collectively referred to hereinafter as the "Maintenance Areas and Facilities") as indicated below: (a) Private drives and parking (if applicable), including sidewalks, landscaping, street lighting, mounted lighting, signage, striping and parkways. (b) Private sewer lines, grease interceptors, manholes and clean outs. (c) Private storm drain lines, area drains, inlets, manholes and catch basins. (d) Treatment Controls Best Management Practices for Water Quality Management Plan. (e) Demonstrate that the OWNER is prepared to implement all non-structural BMP's described in the Project WQMP. (f) Demonstrate that an adequate number of copies for all responsible parties of the approved Project WQMP are available on-site. KP #366837-v2 44 (g) Internal landscape areas, courtyards, common areas. (h) Internal hardscape and enhanced paving areas. (i) On-site fountains and art elements. (j) Enclosed parking structure with trash collection areas. (k) Bicycle storage areas. (I) Site lighting systems. (m) Trash collection and facilities including the Solid Waste Management Plan for the Project as approved by the CITY. (n) Squeal-free surfaces in parking structures. (o) Maintenance of on-site signs and awnings. (p) Outdoor seating and dining areas. (q) Maintenance of all security equipment required by the Police Department including antennas providing radio communication. (r) Maintenance of private water meters and backflow devices. (s) OWNER shall initiate the removal of all graffiti from the Property within twenty-four (24) hours of occurrence and shall complete any necessary painting or repair within five (5) days. (t) Ongoing during operation, provision for the property to be permanently maintained in an orderly fashion by providing regular landscape maintenance and removal trash or debris. (u) Provision for the replacement of any landscaping planted on-site in accordance with project landscaping plans in a timely manner in the event that landscaping is removed, damaged, diseased, and/or dead. (v) Provision for written disclaimer. (w) Provision for continued implementation of all mitigation measures from Mitigation Monitoring Plan No. 147 that require on-going execution. (x) Provision for continued maintenance of all automatic fire sprinkler systems and fire alarm system. (y) Provisions to ensure that ongoing during business operations, no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. (z) Provision of agreement with the Anaheim Transportation Network (ATN). KP #366837-v2 45 The obligations described above and depicted in the Maintenance Exhibit shall collectively be referred to as the "Maintenance Obligations." The OWNER shall be responsible for the maintenance of the Maintenance Areas and Facilities and performance of the Maintenance..:........ Obligations, including any additional obligations, which maybe specified herein. The CC&Rs set forth herein constitutes a general scheme for the development, protection and maintenance of the Property. Said CC&Rs is for the benefit of the Property and shall bind all successor owners thereof. Such CC&Rs shall be a burden upon, and a benefit to, not only the OWNER but also its successors and assigns. Such CC&Rs are intended to be and shall be declared to be running with the land or equitable servitudes upon the land, as the case may be. The CC&Rs shall provide that amendment of any provision thereof, which may negatively impact performance of the Maintenance Obligations, shall require prior written consent of the City. Termination of the CC & R's is not a release of Declarant with regazd to Declarant's independent obligations in connection with development and approval of the Projector with regard to obligations and liabilities incurred prior to such termination. 11. That prior to issuance of the grading permit, the OWNER shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that: o Addresses Site Design Best Management Practices (BMP's) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas; o Incorporates the applicable Routine Source Control BMP's as defined in the Drainage Area Management Plan (DAMP); ® Incorporates Treatment Control BMP's as defined in the DAMP; ® Describes the long-term operation and maintenance requirements for the Treatment Control BMP's; o Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMP's, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMP's; and ® Ensures implementation of the Water Quality Management Flan during on-going grading operations. 12. That prior to the first final building and zoning inspection, the OWNER shall, to the satisfaction of the Department of Public Works, Development Services Division: Demonstrate that all structural BMP's described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications; and Demonstrate that the OWNER is prepazed to implement all non-structural BMP's described in the Project WQMP; and KP #36b837-v2 46 ® Demonstrate that an adequate number of copies of the approved Project WQMP are available on-site; and ® Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. , 13. That prior to approval of the first building permit, a maintenance covenant must be recorded by the OWNER Prior to recordation, the OWNER shall submit the maintenance covenant to the Department of Public Works, Development Services Division, for approval by the City Engineer and the City Attorney. The covenant shall include provisions for maintenance of facilities as required above, including compliance with the approved Water Quality Management Plan and a maintenance exhibit. 14. That prior to issuance of the grading permit, the OWNER shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waster Discharge Identification (WDID) Number. The OWNER shall prepaze and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request: 15. That prior to issuance of the grading permit, the OWNER shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. Att drainage sub- areaboundaries per the Master Plan for Drainage shall be maintained. The study shall include an analysis of 10, 25, and 100-year storm frequencies, an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition, and address whether off-site and/or on-site drainage improvements (such as detention/retentionbosins or surface run-off reduction) will be required to prevent downstream properties from becoming flooded. The lateral storm drains will be necessary to meet the surface flow requirements stated in the drainage criteria. 16. That prior to issuance of the first building permit, plans shall indicate that all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with applicable City of Anaheim, Department of Public Works, Standard Plans and Details. 17. That prior to final pazcel map approval, all existing structures shall be demolished. The OWNER shall obtain a demolition permit from the Planning Department, Building Division. 18. That prior to issuance of the first building permit, OWNER shall irrevocably offer to dedicate to the City of Anaheim an easement 60 feet in width from the centerline of La Palma Avenue for street, public utility and/or other public purposes. 19. That prior to issuance of the first building permit, OWNER shall obtain a Right of Way Construction Permit from the Public Works Department, Development Services Division to KP #366837-v2 47 replace curb, gutter, parkway landscaping, and sidewalks on those requisite portions of La Palma Avenue, and shall be maintained by OWNER. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attomey prior to the issuance.. of the first building permit. The improvements shall be installed prior to final zoning and building inspection. 20. That sanitary sewer, private streets within the development, and storm drains for this ' development shall be privately maintained by OWNER prior to the approval of the CC&Rs as required above. 21. That prior to issuance of the first building permit and right-of--way construction permit for the storm drain, whichever occurs first, a Save Harmless in-lieu of Encroachment Agreement is required to be recorded on the property for any private storm drains connecting to a City storm drain. 22. That a final parcel map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. 23. That OWNER shall execute a Subdivision Agreement, in a form approved by the Ciry Attomey, to complete the required public improvements at the OWNER's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section and approved by the City Attomey and City Engineer and then recorded concurrently with the final parcel map. 24. That prior to issuance of the first building permit, the following shall be submitted and approved by the Public Works Department ® Proof of Final Pazcel Map recordation ® Any revisions to the original grading plan related to the building pad(s) o Two copies of the interim soils report indicating pad compaction and site stability ® The original and two copies of a letter of certification for the building pads from the civil engineer. Streets and Sanitation 25. That prior to issuance of the first building permit, Owner shall submit a final written solid waste management plan signed by the OWNER to the Streets and Sanitation Division of the Public Works Department for review and approval. The property owner shall then operate in accordance with the approved written solid waste management plan, as it may be modified by OWNER from time to time subject to written approval by the Director of Public Works. Said solid waste management plan shall be incorporated into the recorded CC&Rs for the Property required pursuant to conditions contained herein. KP #366837-v2 48 26. That prior to issuance of the first demolition permit, OWNER shall submit a demolition recycling plan for review and approval by the Fublic Works Department, Streets and Sanitation Division. The demolition recycling plan shall indicate type of material to be demolished, anticipated tonnage diverted and anticipated tonnage landfilled. Inert demolition material (dirt, concrete, masonry, asphalt, etc.) shall be disposed of in an inert reclamation site, or diverted by other means rather than landfilled. 27. That plans shall indicate trash storage areas in a location acceptable to the Public Works Department, Streets and Sanitation Division, as depicted in the approved Final Site Plan. Water 28. That prior to issuance of the first building permit, plans shall be submitted for approval by the Public Utilities Department, Water Engineering Division and the Cross Connection Control Inspector demonstrating that all backflow equipment shall be located above ground outside of the street setback azea in a manner fully screened from all public streets and alleys in locations approved by the Water Engineering Division of the Public Utilities Department and the Planning Department. Any backflow assemblies currently installed in a vault shall be brought up to cun•ent standards. Any other large water meter system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Engineering Division above ground and outside of the street setback area on private property in an easement, in a manner fully screened through landscaping from all public streets and alleys. 29. That prior to issuance of the first building permit, plans shall demonstrate that all existing water services and fire lines shall conform to current Water Utility Standards to the satisfaction of the Public Utilities Department, Water Engineering Division. Any existing water services and/or fire lines that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned, if no longer needed, by the OWNER prior to approval of the grading plan. 30. That prior to issuance of the first building permit all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be processed through and approved by the Public Utilities Department, Water Engineering Division. 31. That prior to submitting an application for water meters, fire lines or water improvement plans for approval, whichever occurs first, OWNER shall submit to the Public Utilities Department, Water Engineering Division, an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the entire project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 32. That prior to the issuance of the first building permit, the water facilities fee and/or advances to the Public Utilities Department, Water Engineering Division shall be paid in accordance with Rule 15D of the Water Utility Rates, Rules and Regulations. KP #366837-v2 49 33. That prior to issuance of the first building permit, because this project has a landscaping area exceeding 2,500 square feet, plans shall specifically show that a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10,19 of the Anaheim.--- Municipal Code. Said information shall be specifically shown on plans submitted for building permits. OWNER shall install the required meter and backflow device prior to the first final building and zoning inspection. 34. That prior to issuance of the first building permit, OWNER shall irrevocably offer to dedicate to the City of Anaheim an easement on OWNER's Property for all large domestic water meters, including a five (5) foot wide easement around the water meter pad, a twenty (20) foot wide easement for all water service laterals, and an easement for other public water facilities to the satisfaction of the Water Engineering Division of the Public Utilities Department. The requirements and easement notes of the Public Utilities Department, Water Engineering Division shall be included in all easement dedications/deeds for water facilities. 35. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. OWNER shall be responsible for the costs to upgrade or abandon any water service or fire line. Fire 36. That prior to issuance of the first building permit and prior to commencement of structural framing, fire hydrants shall be installed and charged as required by the Fire Department and shall meet minimum Fire Department Specifications .and Requirements for spacing, distance to structure and available fire flow. Said information shall be specifically shown on plans submitted for building permits. 37. That prior to issuance of the first building permit, or prior to delivery of combustible materials for construction of buildings, whichever occurs first, OWNER shall complete all necessary water facilities to provide the fire flows required by the Fire Department. Said information shall be specifically shown on plans submitted for building permits. 38. That during construction, an all-weather access road as approved by the Fire Department shall be provided. 39. That prior to final building and zoning inspection, a fire alarm system shall be designed, installed and maintained as required by the Fire Department. Said information shall be specifically shown on plans submitted for building permits. Provisions for continued maintenance of the fire alarm system shall be included in the recorded CC&Rs For the project required pursuantto the conditions contained herein. 40. That prior to issuance of the first building permit, plans shall show how emergency vehicular access will be provided and maintained in accordance with Fire Department Specifications and Requirements. KP #366837-v2 50 J 41. That prior to final building and zoning inspection, an automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department. Said information shall be specifically shown on plans submitted for building permits. Provisions for continued maintenance of the fire sprinkler system shall be included in the recorded CC&Rs for the project pursuant to the conditions contained herein. 42. That prior to issuance of the first building permit, as determined by the Fire Chief in consultation with City staff, OWNER shall enter into an agreement with the City For the installation of traffic signal preemption equipment for the surrounding controlled intersections. Electrical 43. That prior to issuance of the first building permit, plans shall demonstrate that all above- ground utility devices shall be located on private property and outside any required setback areas unless otherwise permitted by Code. 44. That prior to issuance of the first building permit, plans shall show the location and required landscape and/or hardscape screening of all pad-mounted equipment, 45. That any required relocation of City electrical facilities shall be at OWNER's expense per the Electrical Rates, Rules, and Regulations. 46. That the property is to be served with underground utilities per the Electrical Rates, Rules, and Regulations. 47. Thafprior to final building and zoning inspection, OWNER shall provide the City of Anaheim with a public utilities easement (per final electrical design), along/across high voltage lines, low voltage lines crossing private property, and around all pad-mounted transformers, switches, capacitors, etc. on OWNER's Property: Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 48. That prior to issuance of the first :building permit, OWNER shall finalize the abandonment of any existing public utilities easements to the satisfaction of the Department of Public Works, Development Services Division and the Public Urilities Department, Electrical Engineering Division. Police 49. As .shown on approved Final Site Plan, OWNER shall submit plans to the Police Department for review and approval for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design {e.g. building design, circulation, site planning, and lighting of parking stmctures and parking areas). 50. That prior to issuance of the first building permit including the parking structure, OWNER shall submit plans for review and approval by the Police Department indicating closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure and lobby entrances to the satisfaction of the Anaheim Police Department. CCTV cameras shall be KP #366837-v2 51 strategically located throughout the parking structure and lobby entrances, covering all azeas, especially all pedestrian and vehiculaz access points. Further, 2-way communication devices shall be placed in the parking structure as required by the Police Department. Said information shall be specifically shown on plans submitted for building permits. Security cameras and emergency stations shall be installed and operational to the satisfaction of the Anaheim Police Department prior to the final building and zoning inspection. 51. That prior to issuance of building permits, plans shall show that 4-foot-high address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. Said numbers shall not be visible from view of the street or adjacent properties. Said information shall be subject to the review and approval of the Police Department and the Planning Department, Planning Services Division. Said numbers shall be provided prior to the first final building and zoning inspection for each building. 52. That prior to issuance of building permits, plans shall indicate that the building address shall be clearly mazked with its appropriate building number and address. These numbers shall be positioned so they are easily viewed from vehiculaz and pedestrian pathways throughout the complex. The building number shall be a minimum of 12-inches in height. Main building numbers and address numbers shall be illuminated during hours of darkness. Said numbers shall be installed prior to the first final building and zoning inspection for each building. 53. That prior to issuance of the first building permit, plans shall indicate that adequate lighting shall be provided throughout the project, including circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said lighting shall be installed prior to the first final building and zoning inspection for the parking structure. 54. That prior to issuance of the building permit for the parking structures, plans shall show that a minimum lighting level of one (1)foot-candle measured at the pazking surface shall be maintained for the pazking structures with a maximum to minimum ratio no greater than 10:1. Said lighting shall be installed prior to the first final building and zoning inspection for the parking structure. 55. That prior to final building and zoning inspections, a knox box shall be installed at any roof- top hatchway to allow Police and Fire access to interior. 56. That prior to issuance of the first building permit, plans shall show that windows accessible from the side and rear and not viewable from the street shall consist of rated burglary resistant glazing or its equivalent that attaches to the frame. 57. That prior to issuance of the building permit, OWNER shall comply with Anaheim Ordinance No. 6016, Public Radio System Coverage and complete the Initial tests, as noted in the ordinance. Proof of compliance shall be provided prior to the first final building and zoning inspection. KP #366837-v2 52 58. That prior to issuance of the First building permit for the parking structure, plans shall show directional signage, including floor designation and section, on each level of the parking structure to expedite movement within the facility. Said signage shall be a minimum of 12 inches in height and of a contrasting color to the background. It shall be displayed not less than 60 inches from the parking surface and be highly visible form within any portion of the facility. 59. That prior to issuance of the first building permit, plans shall show that emergency exits, not intended as a primary entrance, shall have no exterior handles, knobs, or levers. 60. That prior to issuance of the first building permit, plans shall show that any exterior doors that open in an outward direction that uses pin-type hinges shall have non_removable hinge pins. 61. That ongoing during construction, emergency contact information including contact name and phone number shall be posted on the project site. Said information shall be indicated on plans submitted for building permits. Traffic 62. That prior to issuance of a building permit, the applicable Citywide Traffic Impact Fee shall be paid to the City of Anaheim, in an amount established by the City Council Ordinance/Resolution. This fee will be used to fund traffic and transportation improvements within the azea impacted by this project. Said fee shall be subject to adjustment by the City Council. 63. That prior to the issuance of the first building permit, street improvement plans shall be submitted for the new traffic signal and related traffic circulation improvements at the intersection of La Palma Avenue and Cosby Way to the Public Works Department, Development Services Division for review and approval. All improvements shall be installed and completed prior to the first final building and zoning inspection. 64. That prior to issuance of building permits, a bond shall be posted for all traffic related street improvements, including, but not limited to, traffic signals (including modification of the signals and relocation of signal poles and equipment), directional signage, striping, and median islands as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection: 65. That prior to the issuance of a building permit, plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with all applicable City of Anaheim, Department of Public Works, Standard Plans and Details pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 66. That prior to the issuance of a building permit, plans shall be submitted to show any proposed gates and shall demonstrate that gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to all applicable City of Anaheim, Department of Public Works, Standard KP #366837-v2 53 Plans and Details. The location of any proposed gates shall be subject to the review and approval of the City Traffic and Transportation Manager. 67. That ongoing during business operations, no parking azea shall be fenced off or otherwise enclosed for outdoor storage uses. 68. That prior to the issuance of a building permit, plans shall show conformance with all applicable City of Anaheim, Department of Public Works, Standard Plans and Details pertaining to sight distance visibility for signs and walUfence locations to the satisfaction of the City Traffic and Transportation Manager. 69. That prior to final building and zoning inspection, fire lanes shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. 70. That prior to issuance of building permits, plans shall specifically indicate that all vehiculaz ramps and grades conform to all applicable City of Anaheim, Department of Public Works, Standazd Plans and Details to the satisfaction of the City Traffic and Transportation Manager. 71. That prior to issuance of the first building permit for the parking structure, plans shall demonstrate that at-grade ducts and overhead pipes shall not encroach in the parking space area or required vehicle cleazance azea. Parks 72. That prior to issuance of a building permit, the applicable Park Fee shall be paid to the City of Anaheim, in an amount established by the City Council Ordinance/Resolution. Said fee shall be subject to adjustment by the City Council. Miscellaneous 73. That the property shall be permanently maintained in an orderly fashion by providing regulaz landscape maintenance, removal of trash or debris, and removal of graffiti. 74. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 18 of Conditional Use Permit No. 2006-05146, and as conditioned herein: 75. That the applicant is responsible for paying all chazges related to the processing of this discretionary case application within seven (7) days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. See also attached Mitigation Monitoring Plan No. 147. KP #366837-v2 54 KP #366837-v2 55 EXHIBIT "C-2" Development Agreement No. 2007-00003 Resolution ` " KP #366837-v2 56 EXHIBIT "C-3" Conditional Use Permit No. 2006-05146 Resolufion KP #366837-v2 57 EXHIBIT "C-4" Specific Plan Amendment No. 2007-00048 Resoluflon " " KP #366837-v2 58 EXHIBIT "C-5" Tentative Parcel Map No. 2007-195 Resolution KP #36fi637-v2 59 EXHIBIT "C-6" Environmental Impact Report No. 2007-00337 Resolution KP #366837-v2 60 EXHIBIT "D" PRELIMINARY TITLE REPORT KP #366837-v2 61 'J Attachment -Item Plo. 5 RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO. 2007-00003 BY AND BETWEEN THE CITY OF ANAHEIM AND KAISER FOUNDATION HOSPITALS, AND MAKING CERTAIN FINDINGS RELATED THERETO (3400 - 3450 EAST LA PALMA AVENUE) WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a contract which is called a development agreement in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, the City of Anaheim (hereinafter the "City"), as a charter city, heretofore enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") on November 23, 1982, making the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution") establishing procedures and requirements for the consideration of development agreements upon receipt of an application by the City; and WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Ovemding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's zoning code, and a series of related actions; .and WHEREAS, the General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial, General Commercial, and Institutional land uses within an approximately 2;645-acre area generally bounded by by the Riverside (SR-91) Freeway on the south, the Orange (SR-57) Freeway on the west, Orangethorpe Avenue on the north and Imperial Highway on the east ("The Northeast Area"); and WHEREAS, in order to carry out the goals and polices of the General Plan for The Northeast Area, on August 22, 1995, the City Council adopted Resolution No. 95R-155 to approve Specific Plan No. 94-1, setting forth the new vision for The Northeast Area; and WHEREAS, the applicant requests a Development Agreement between the property owner and the City of Anaheim to implementall development within the proposed Kaiser Cr\PC2007-72 -1- PC2007-72 Attachment -Item No. 5 Permanente Orange County Anaheim Medical Center (hereinafter "Project") in the SP 94-1, Development Area 4 zone; and WHEREAS, on May 25, 2004, the Anaheim City Council, by its Resolution No. 2004-94, certified Final Environmental Impact Report No. 330, adopting Findings of Fact and Statement of Ovemding Considerations, Mitigation Monitoring Program No. 122 for General Plan Amendment No. 2004-00419, the amended monitoring program described as Mitigation Monitoring Program No. 112 for The Platinum Triangle, and the amended monitoring program described as Mitigation Monitoring Program No. 85a for The Anaheim Resort; determined that said Final Environmental Impact Report No. 330 fully complies with CEQA, reflects the independent judgment of the City Council, and is adequate to serve as the environmental documentation for (i) General Plan Amendment No. 2004-00419, (ii) Zoning Code Amendment No. 2004-00029, (iii) Reclassification No. 2004-00117, (iv) Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2, (v) Amendment No. 2 to the Northeast Area Specific Plan No. 94-1, and (vii) future discretionary actions described in Environmental Impact Report No. 330, such as Amendment No. 3 to the Northeast Area Specific Plan No. 94-1; and WHEREAS, on August 22, 2007, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Kaiser Foundation Hospitals, (hereinafter "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2007-00003 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Development Agreement") to vest certain project entitlements and address the implementation of the Project; and WHEREAS, in conjunction with the Development Agreement, the Applicant also requests approval of Conditional Use Permit No.2006-05146, Specific Plan Amendment No. 2007- 00048, and Tentative Parcel Map No. 2007-195; and WHEREAS, the Development Agreement pertains to approximately 27.5 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 3400 - 3450 East La Palma Avenue, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "Property"), which is located in The Northeast Area and within the SP 94-1, Development Area 4 zone; and WHEREAS, the Applicant desires to develop the property with a master planned campus focused on health care services, which would include a hospital with up to 360 beds, administrative offices, three medical office buildings, a central utility plant, accessory retail azeas, and two parking structures, as more particularly set forth in Exhibit "B" of the Development Agreement (the "Master Site Plan") within a period of not more than twenty five (25) years, Conditional Use Permit No. 2006-05146, Specific Plan Amendment No. 2007-00048, and Tentative Pazcel Map No. 2007-195; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 15, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal _z_ PC2007- Atlachmenl - Ilem Na. 5 Code, Chapter 18.60, to hear and consider evidence for and against said Development Agreement 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 the Development Agreement meets the following standards set forth in the Procedures Resolution: 1. That the Project is consistent with the City's General Plan, in that it is in conformance with the General Plan Institutional land use designation and with the goals, policies and objectives for The Northeast Area as set forth in the General Plan. 2. That the Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the Project is incompliance with the SP 94-1, Development Area 4 Zone requirements as set forth in the Master Site Plan, and Conditional Use Permit No. 2006-05146, Specific Plan Amendment No. 2007-00048, and Tentative Parcel Map No. 2007- 195. 3. That the Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements the goals and policies of the Canyon Area and the SP 94-1, Development Area 4 Zone requirements. 4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. 7. That ***** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning Commission does hereby certify Environmental Impact Report No. 2007-00337, adopting The Kaiser Hospital Environmental Impact Report Findings of Fact and Statement of Ovemding Considerations and Mitigation Monitoring Program No. 147 and determines that said Environmental Impact Report No. 2007-00337 fully complies with CEQA, reflects the independent judgment of the Planning Commission and is adequate to serve as the environmental documentation for the discretionary actions for Development Agreement No. 2007-00003, Conditional Use Permit No. 2006-05146, Specific Plan Amendment No. 2007-00048, and Tentative Parcel Map No. 2007- 195. -3- PC2007- Attachment -Item No. 5 NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval of the Application and the Development Agreement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION .4. PC2007- Altachmenl - Ilem No. 5 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY: PARCEL 1: THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 73° 49' 30" EAST 121.24 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT TO AN ANGLE POINT IN THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 13, 1953 IN BOOK 2613, PAGE 231 OF OFFICIAL RECORDS; THENCE NORTH 9° 15' 43"EAST 79.00 FEET TO AN ANGLE POINT IN SAID STATE LAND; THENCE NORTH 62° 22' 41" EAST 68.45 FEET TO THE EASTERLY LINE OF THE WESTERLY 2/3RDS OF SAID LOT 3; THENCE NORTH 3° 45' 29" WEST 392.19 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 73° 49' 30" WEST 203.56 FEET TO THE WESTERLY LINE OF SAID LOT; THENCE SOUTH 3° 45' 29" EAST 479.15 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHERLY 12.00 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3. ALSO EXCEPTING. THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 2613, PAGE 231 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE WESTERLY LINE OF SAID LAND SOUTH 9° 34' 41" WEST 46.91 FEET; THENCE NORTH 13° SS 07" WEST 46.02 FEET; THENCE ALONG ANON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET, FROM A TANGENT WHICH BEARS NORTH 15° 51' 30" WEST, THROUGH AN ANGLE OF 130° 59' S8" AN ARC DISTANCE OF 114.32 FEET; THENCE TANGENT SOUTH 64° 51' 32" EAST 10.07 FEET TO THE EAST LINE OF THE WEST 2/3 OF SAID LOT; THENCE ALONG SAID EAST LINE SOUTH 3° 24' 32" EAST 21.68 FEET TO THE NORTHERLY LINE OF SAID-LAND CONVEYED TO SAID STATE; THENCE ALONG SAID NORTHERLY LINE SOUTH 62° 41' 39" WEST. 68.49 FEET TO THE POINT OF BEGINNING. ALSOBXCEPT ONE-HALF INTEREST OF ALL OIL, GAS AND MINERALS BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND AS RESERVED BY EARL DENNEY AND FLOY DENNEY, HUSBAND AND WIFE IN DEED RECORDED APRIL 28, 1959 IN BOOK 4687, PAGE 372 OF OFFICIAL RECORDS. -5- PC2007- Attachment -Item No. 5 PARCEL 2: PARCELS 1 AND 2, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADNSTMENT NO.330 RECORDED MAY 15, 1995 AS INSTRUMENT NO. 95- __ ,, 0208325 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2A: ANON-EXCLUSIVE EASEMENT FOR VEHICULAR INGRESS AND EGRESS AND UTILTTIES OVER THAT PORTION OF LOT 6 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN THE LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF MILLER STREET AND LA PALMA AVENUE AS SHOWN ON PARCEL MAP NO. 90-334, AS PER MAP RECORDED IN BOOK 271, PAGES 42 AND 43 OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, THENCE AT RIGHT ANGLES TO THE CENTERLINE OF SAID LA PALMA AVENUE SOUTH 16° 16' 00" EAST 53.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LA PALMA AVENUE (106 FEET WIDE) AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, AS RECORDED IN BOOK 5794, PAGE 284 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 73° 44' 00" EAST 25.00 FEET; THENCE SOUTH 16° 16' 00" EAST 3223 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 2S 53" AN ARC LENGTH OF 47.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 86° 18' 07" EAST 83.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADNS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 55' S9" AN ARC LENGTH OF 94.18 FEET TO A POINT OF TANGENCY ON A LINE PARALLEL WITH AND DISTANT EASTERLX 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 6; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 3° 45' S4 EAST 1017,06" FEET TO THE NORTH LINE OF THE SOUTH 12 FEET OF LOTS 5 AND 6 OF SAID ORANGE GROVE ACRES; THENCE WESTERLY ALONG SAID NORTH LINE SOUTH 73° 47' 20"-WEST 30.72 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM SAID EAST LINE OF LOT 6; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 3° 45' S4" WEST 978.30 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE FROM SAID NONTANGENT POINT BEARS SOUTH 77° 28' 49" WEST; THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 48° 26' 39", AN ARC LENGTH OF 80.32 FEET TO A POINT ON ANON-TANGENT LINE, A RADIAL LINE THROUGH SAID POINT _6_ PC2007- ;.: a Attachment- Item No. 5 BEARS NORTH 29° 02' 10" EAST; THENCE LEAVING SAID CURVE SOUTH 86° 18' 07" WEST 81.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADNS OF 75.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' S3" AN ARC LENGTH OF 101.36 FEET; THENCE NORTH 16° 16' 00" WEST 30.00 FEET TO SAID SOUTH LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG SAID SOUTH LINE NORTH 73° 44' 00" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 6, PAGE 42, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, SAID POINT BEING IN THE CENTER LINE OF LA PALMA AVENUE (40,00 FEET WIDE); THENCE SOUTH 3° 4S 29" EAST ALONG THE WESTERLY LINE OF SAID LOT 3 A DISTANCE OF 764.48 FEET TO A POINT THAT IS NORTH 3° 45' 29" WEST 479.15 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 3 SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO FREDERICK P. MORLEY AND OTHERS, RECORDED APRIL 28, 1959, IN BOOK 4687, PAGE 372, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 73° 49' 30" EAST ALONG THE NORTHERLY LINE OF SAID LAND TO MORLEY, 203.56 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 2/3RDS OF SAID LOT 3, SAID POINT BEING THE NORTHEAST CORNER OF SAID MORLEY LAND; THENCE NORTH 3° 45' 29" WEST ALONG SAID EASTERLY LINE OF THE WESTERLY 2/3RDS OF LOT 3 A DISTANCE OF 764.81 FEET TO A POINT IN SAID CENTER UNE OF LA PALMA AVENUE, SAID CENTER LINE BEING THE NORTH LINE OF SAID LOT 3; THENCE SOUTH 73° 44' 00" WEST 203.56 FEET TO THE POINT OF BEGINNING. PARCEL 3A: THE WEST ONE-THIRD OF LOT 2 AND THE EAST ONE-THIRD OF LOT 3, BOTH OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED MAY 4, 1964 IN BOOK 7029, PAGE 419 OF OFFICIAL RECORDS. PARCEL 38: THAT PORTION OF LOT 4,OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF -7- PC2007- ..: ;a Attachment - Ilem No. 5 SAID LOT 4, SOUTH 73° 44' 00" WEST 85.29 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING ON THE CENTERLINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH 03° 45' 29" EAST 662.78 FEET, PARALLEL WITH THE EASTERLY LINE OF SAID LOT 4; THENCE SOUTHEASTERLY 117.77 FEET TO A POINT ON SAID.. EASTERLY LINE NORTH 03° 45' 29" WEST 479.15 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO FREDERICK P. MORLEY AND OTHERS RECORDED APRIL 28, 1959 IN BOOK 4687, PAGE 372 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. APN: 345-121-06, 345-121-17, 345-121-24, and 345-121-25 _g_ PC2007- a Attachment -Item No. 5 RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05146 BE GRANTED (3400 - 3450 EAST LA PALMA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 73° 49' 30" EAST 121.24 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT TO AN ANGLE POINT IN THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 13, 1953 IN BOOK 2613, PAGE 231 OF OFFICIAL RECORDS; THENCE NORTH 9° 15' 43" EAST 79.00 FEET TO AN ANGLE POINT IN SAID STATE LAND; THENCE NORTH 62° 22' 41" EAST 68.45 FEET TO THE EASTERLY LINE OF THE WESTERLY 2/3RDS OF SAID LOT 3; THENCE NORTH 3° 45' 29" WEST 392.19 FEET ALONG SAID EASTERLY LINE.; THENCE SOUTH 73° 49' 30" WEST 203.56 FEET TO THE WESTERLY LINE OF SAID LOT; THENCE SOUTH 3° 45' 29" EAST 479.15 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHERLY 12.00 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 2613, PAGE 231 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE WESTERLY LINE OF SAID LAND SOUTH 9° 34' 41" WEST 46.91 FEET; THENCE NORTH 13° 55' 07" WEST 46.02 FEET; THENCE ALONG ANON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET, FROM A TANGENT WHICH BEARS NORTH 15° 51' 30" WEST, THROUGH AN ANGLE OF 130° 59' S8" AN ARC DISTANCE OF 114.32 FEET; THENCE TANGENT SOUTH 64° 51' 32" EAST 10.07 FEET TO THE EAST LINE OF THE WEST 2/3 OF SAID LOT; THENCE ALONG SAID EAST LINE SOUTH 3° 24' 32" EAST 21.68 FEET TO THE NORTHERLY LINE OF SAID LAND CONVEYED TO SAID STATE; THENCE ALONG SAID NORTHERLY LINE SOUTH 62° 41' 39" WEST 68.49 FEET TO THE POINT OF BEGINNING. Cr\PC2007--*** -1- PC2007-*** PARCEL 2: PARCELS 1 AND 2, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE -- ADNSTMENT NO. 330 RECORDED MAY 15, 1995 AS INSTRUMENT NO. 95- 0208325 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2A: A NON-EXCLUSIVE EASEMENT FOR VEHICULAR INGRESS AND EGRESS AND UTILITIES OVER THAT PORTION OF LOT 6 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN THE LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF MILLER STREET AND LA PALMA AVENUE AS SHOWN ON PARCEL MAP NO. 90-334, AS PER MAP RECORDED IN BOOK 271, PAGES 42 AND 43 OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, THENCE AT RIGHT ANGLES TO THE CENTERLINE OF SAID LA PALMA AVENUE SOUTH 16° 16' 00" EAST 53.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LA PALMA AVENUE (106 FEET WIDE) AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, AS RECORDED IN BOOK 5794, PAGE 284 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 73° 44' 00" EAST 25.00 FEET; THENCE SOUTH 16° 16' 00" EAST 3223 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' S3" AN ARC LENGTH OF 47.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 86° 18' 07" EAST 83.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADNS OF 60:00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 55' S9" AN ARC LENGTH OF 94.18 FEET TO A POINT OF TANGENCY ON A LINE PARALLEL WITH AND DISTANT EASTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 6; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 3° 45' S4 EAST 1017,06" FEET TO THE NORTH LINE OF THE SOUTH 12 FEET OF LOTS 5 AND 6 OF SAID ORANGE GROVE ACRES; THENCE WESTERLY ALONG SAID NORTH LINE SOUTH 73° 47' 20" WEST 30.72 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM SAID EAST LINE OF LOT 6; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 3° 45' S4" WEST 978.30 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE FROM SAID NONTANGENT POINT BEARS SOUTH 77° 28' 49" WEST; THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 48° 26' 39", AN ARC LENGTH OF 80.32 FEET TO A POINT ON ANON-TANGENT LINE, A RADIAL LINE THROUGH _2_ PC2007- SAID POINT BEARS NORTH 29° 02' 10" EAST; THENCE LEAVING SAID CURVE SOUTH 86° 18' 07" WEST 81.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADNS OF 75.00 FEET; THENCE NORTHWESTERLY ALONG - SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 2S 53" AN ARC LENGTH OF 101.36 FEET; THENCE NORTH 16° 16' 00" WEST 30.00 FEET TO - SAID SOUTH LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG .SAID SOUTH LINE NORTH 73° 44' 00" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 6, PAGE 42, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, SAID POINT BEING IN THE CENTER LINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH 3° 4S 29" EAST ALONG THE WESTERLY LINE OF SAID LOT 3 A DISTANCE OF 764.48 FEET TO A POINT THAT IS NORTH 3° 45' 29" WEST 479.15 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 3 SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO FREDERICK P. MORLEY AND OTHERS, RECORDED APRIL 28, 1959, IN BOOK 4687, PAGE 372, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 73° 49' 30" EAST ALONG THE NORTHERLY LINE OF SAID LAND TO MORLEY, 203.56 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 2/3RDS OF SAID LOT 3, SAID POINT BEING THE NORTHEAST CORNER OF SAID MORLEY LAND; THENCE NORTH 3° 45' 29" WEST ALONG SAID EASTERLY LINE OF THE WESTERLY 2/3RDS OF LOT 3 A DISTANCE OF 764.81 FEET TO A POINT IN SAID CENTER UNE OF LA PALMA AVENUE, SAID CENTER LINE BEING THE NORTH LINE OF SAID LOT 3; THENCE SOUTH 73° 44' 00" WEST 203.56 FEET TO THE POINT OF BEGINNING. PARCEL 3A: THE WEST ONE-THIRD OF LOT 2 AND THE EAST ONE-THIRD OF LOT 3, BOTH OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED MAY 4, 1964 IN BOOK 7029, PAGE 419 OF OFFICIAL RECORDS. PARCEL 38: THAT PORTION OF LOT 4,OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF -3- PC2007- SAID LOT 4, SOUTH 73° 44' 00" WEST 85.29 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING ON THE CENTERLINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH 03° 45' 29" EAST 662.78 FEET, PARALLEL WITH THE EASTERLY LINE OF - - -- SAID LOT 4; THENCE SOUTHEASTERLY 117.77 FEET TO A POINT ON SAID EASTERLY LINE NORTH 03° 45' 29" WEST 479.15 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO FREDERICK P. MORLEY AND OTHERS RECORDED APRIL 28, 1959 IN BOOK 4687, PAGE 372 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 15, 2007, at 2:30 p.m., notice of said public heating having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidenceand reports offered at said hearing, does find and determine the following facts: 1. That the proposed master planned medical campus with building heights in excess of 100 feet, including a hospital with up to 360 beds, administrative offices, three medical office buildings, a central utility plant, accessory retail azeas, and two pazking structures is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.090.050.0522 (Hospitals) with waivers of the following: (a) SECTION NO. 18.120.090.090.0901 (a) SECTION NO. 18.120.090.090.0903 Landscape setback adjacent to La Palma Avenue (Withdrawn) Landscape setback adjacent to the SR-91 Freeway (30 feet required; 10 to 100 feet proposed) 2. That the proposed hospital campus would not adversely affect the adjoining land uses and the growth and development of the area in which it is located. The project would be compatible with adjacent land uses in the area and intensify land uses in close proximity to the Metrolink Station. The campus would also create a distinctive employment setting in the Canyon Area in a manner that showcases an attractive master planned campus adjacent to the freeway. The project would also redevelop and improve underutilized industrial pazcels with a modem, updated, full service medical facility to support the needs of the residents of Anaheim and surrounding communities; and -4- PC2007- 3. That the proposed project would increase traffic volumes in the area roadways. However, with planned and recommended improvements, deficient intersections are expected to operate at acceptable levels. This is considered to be a significant unavoidable adverse cumulative impact. Environmental Impact Report No. 2007-00337 includes the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring Program No. 147 to address said traffic impacts. 4. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; and 5. That **** indicated their presence at said public heazing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning Commission does hereby certify Environmental Impact Report No. 2007-00337, adopting The Kaiser Hospital Environmental Impact Report Findings of Fact and Statement of Overriding Considerations and Mitigation Monitoring Program No. 147 and determines that said Environmental Impact Report No. 2007-00337 fully complies with CEQA, reflects the independent judgment of the Planning Commission and is adequate to serve as the environmental documentation for the discretionary actions. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: Prior to final buildinE and zonine insaections the followine conditions shall be comnlied with: That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 18, and as conditioned herein, General Conditions: 2. That Conditional Use Permit No. 2006-05146 is granted expressly conditioned upon approval of Development Agreement No. 2007-00003, Specific Plan Amendment No. 2007-00048, and Tentative Parcel Map No. 2007-195, and the determination by the City Council that EIR No. 2007-00337, along with Mitigation Monitoring Plan No. 147 are adequate to serve as the environmental documentation for these actions.. 3. That timing far 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. -5- PC2007- 4. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 5. 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 regazding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and al] of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October I5, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 15, 2007, by the following vote of the members thereof: AXES: COMMISSIONERS: NOES: COMMISSIONERS: -6- PC2007- %:. J ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2007- Attachment -Item No. 5 RESOLUTION NO. PC2007-*** A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION RECOMMENDING ADOPTION OF AMENDMENT NO. 4 TO THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1 AND AMENDING RESOLUTION NO. 95R-155 ACCORDINGLY WHEREAS, on Apri129, 1986, City Council of the City of Anaheim adopted Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of Specific Plans for the coordination of future development within the City, and "Zoning and Development Standards" when the Specific Plan includes zoning regulations and development standards to be substituted for existing zoning under the Zoning Code, which "Zoning and Development Standards" shall be adopted by ordinance independent of the rest of the Specific Plan; and WHEREAS, on August 22, 1995 the City Council of the City of Anaheim approved Resolution No. 95R-155 to approve Specific Plan No. 94-1, the Northeast Area Specific Plan, for the 2,645-acre area generally bounded by the Riverside (SR-91) Freeway on the south, the Orange (SR-57) Freeway on the west, Orangethorpe Avenue on the north and Imperial Highway on the east; and that on September 12, 1995 the City Council adopted Ordinance Nos. 5517 and 5518 to add Chapter 18.110 "Specific Plan No. 94-1 (SP 94-1) - Northeast Area" to the Anaheim Municipal Code relating to zoning and development standards for the Northeast Area Specific Plan, and to amend the Zoning Map by incorporating said 2,645- acre area into the SP 94-1 Zone; and WHEREAS, on June 4, 1996 the City Council adopted Ordinance No. 5563 amending Ordinance No. 5517 and Chapter 18.110 to permit service stations and automotive vehicle repair as conditional uses in Development Area 4 "Transit Core" of the Northeast Area Specific Plan ("Adjustment No. 1 "); and WHEREAS, on June 4, 1996 the City Council adopted Ordinance No. 5564 amending Ordinance No. 5517 and Chapter 18.110 to permit service stations .and automotive vehicle repair as conditional uses in Development Area 4 "Transit Core" of the Northeast Area Specific Plan ("Adjustment No. 2"); and WHEREAS, on June 11, 1996 the City Council adopted Ordinance No. 5565 amending Ordinance No. 5517 and Chapter 18.110 pertaining to eating and drinking establishments in the Northeast Area Specific Plan ("Adjustment No. 3"); and. WHEREAS, on August 20, 1996 the City Council adopted Ordinance No. 5574 amending Ordinance No. 5517 and Chapter 18.110 relating to deleting a time limitation for churches in the Northeast Area Specific Plan ("Adjustment No. 4"); and WHEREAS, on January 11, 2000 the City Council adopted Ordinance No. 5714 amending Ordinance No. 5517 and Chapter 18.110 relating to self service laundries in the Northeast Area Specific Plan ("Adjustment No. 5"); and CR\PC2007- -1- PC2007- WHEREAS, on April 18, 2000 the City Council adopted Ordinance No. 5728 amending Ordinance No. 5518 and Chapter 18.110 to amend the boundaries of Development Area 5 (Commercial Area) and Development Area 2 (Expanded Industrial Area) at the northwest...,,.,... comer of La Palma Avenue and Hancock Street in the Northeast Area Specific Plan ("Amendment No. 1 "); and WHEREAS, on April 24, 2001 the City Council adopted Ordinance No..5761 amending Ordinance No. 5517 and Chapter 18.110 relating to asphalt and concrete processing in the Northeast Area Specific Plan ("Adjustment No. 6"); and WHEREAS, on May 1, 2002 the City Council adopted Ordinance No. 5767 amending Ordinance No. 5517 and Chapter 18.110 relating to requirements for freeway-oriented signs in the Northeast Area Specific Plan ("Adjustment No. 7"); and WHEREAS, on August 6, 2002 the City Council adopted Ordinance No. 5817 amending Ordinance No. 5517 and Chapter 18.110 to allow hospitals as conditional uses Development Area 3 (La Palma Core) and Development Area 4 (Transit Core) in the Northeast Area Specific Plan ("Adjustment No. 8"); and WHEREAS, on June 17, 2003 the City Council adopted Ordinance No. 5$65 amending Ordinance No. 5517 and Chapter 18.110 to allow new vehicle conversions in Development Area 3 (La Palma Core) in the Northeast Area Specific Plan ("Adjustment No. 9"); and WHEREAS, on June 8, 2004 the City Council adopted Ordinance No. 5923 amending Ordinance No. 5518 and Chapter 18.110 to amend the Northeast Area Specific Plan 94-1 and certain Development Area boundaries ("Amendment No. 2"); and WHEREAS, on Mazch 19, 2007 the City Council adopted Ordinance No. amending Ordinance No. 5518 and Chapter 18.110 to amend the Northeast Area Specific Plan 94-1 and certain Development Area boundaries ("Amendment No. 3"); and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, Milan Garrison, as authorized agent for Kaiser Foundation Hospitals, submitted a letter of request for Amendment No. 4 to The Northeast Area Specific Plan (SPN2007-00048) to adjust the boundaries of Development Area 4 of Specific Plan No. 94-1, Northeast Area Zone; and WHEREAS, the Northeast Area Specific Plan consists of a 2,645-acre area generally bounded by the Riverside (SR-91) Freeway on the south, the Orange (SR-57) Freeway on the west, Orangethorpe Avenue on the north and Imperial Highway on the east; and WHEREAS, the City Planning Commission did hold a public heazing at the Civic Center in the City of Anaheim on October 15, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed Amendment No. 4 and to investigate and make findings and recommendations in connection therewith; and _Z_ PC2007- WHEREAS, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of the information provided in the Specific Plan document and other information and evidence received during the public hearing process, - - -- the Planning Commission does hereby find: 1. That Development Area 4 is intended to provide for the development of business and professional office uses, including offices and corporate headquarters, and retail uses, and further, to recognize the unique development potential offered by a neazby commuter rail station. 2. That the proposed amendment is consistent with the goals and policies of the Anaheim General Plan and with the purposes, standards, and land use guidelines therein, and will encourage high quality development compatible with the surrounding azea. 3. That the proposed amendment will result in development of desirable character and will contribute to a balance of land uses, which will be compatible with existing and proposed development in the surrounding neighborhood. 4. That the proposed boundary adjustment is better suited for the master planned medical office and hospital campus consistent with the surrounding area. 5. That the proposed amendment respects environmental and aesthetic resources consistent with zoning and development standards and with economic realities. WHEREAS, on May 25, 2004, the Anaheim City Council, by its Resolution No. 2004-94, certified Final Environmental Impact Report No. 330, adopting Findings of Fact and Statement of Ovemding Considerations, Mitigation Monitoring Program No. 122 for General Plan Amendment No. 2004-00419, the amended monitoring program described as Mitigation Monitoring Program No. 112 for The Platinum Triangle, and the amended monitoring program described as Mitigation Monitoring Program No. 85a for The Anaheim Resort; determined that said Final Environmental Impact Report No. 330 fully complies with CEQA, reflects the independent judgment of the City Council, and is adequate to serve as the environmental documentation for (i) General Plan Amendment No. 2004-00419, (ii) Zoning Code Amendment No.2004-00029, (iii) Reclassification No. 2004-00 1 1 7, (iv) Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2, (v) Amendment No. 2 to the Northeast Area Specific Plan No. 94- l,and (vii) future discretionary actions described in Environmental Impact Report No. 330, such as Amendment No. 3 to the Northeast Area Specific Plan No. 94-1; and NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim City Planning Commission does hereby recommend that the City Council, by ordinance, .adopt Amendment No. 4 to The Northeast Area Specific Plan No. 94-1; and BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. 95R-155 and Specific Plan No. 94-1, as previously amended, shall remain in 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 -3- PC2007- issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was .adopted at the Planning Commission meeting of October 15, 2007. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim 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 October 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of ,2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007- a Attachment -Item No. 5 RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION (A) CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT N0.2007- 00337, (li) ADOPTING FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS IN CONNECTION THEREWITH, AND (C) ADOPTING MITIGATION MONITORING PROGRAM NO. 147 WHEREAS, the City did receive requests for Development Agreement No. 2007-00003, Conditional Use Permit No. 2006-05146, Specific Plan Amendment No. 2007-00048, and Tentative Parcel Map No. 2007-195 {collectively, the "Project"); and, WHEREAS, the City of Anaheim is the lead agency for the prepazation and consideration of environmental documents for said project, as defined in the California Environmental Quality Act of 1970, as amended (hereinafter "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (hereinafter "State Guidelines"); and WHEREAS, said project is subject to compliance with the provisions of CEQA and the State Guidelines since said project requires approval of the following proposed discretionary actions by the City of Anaheim: (i) Development Agreement No. 2007-00003, (ii) Conditional Use Permit No, 2006-05146, (iii) Specific Plan Amendment No. 2007-00048, and (iv) Tentative Pazcel Map No. 2007- 195, and future discretionary actions described in Draft Environmental Impact Report No. 2006-00337 (the "Draft EIR"), which actions shall hereafter be collectively referred to herein as the "discretionary actions;" and WHEREAS, the City of Anaheim has prepared, or caused to be prepared, the Draft EIR and has consulted with other public agencies and the general public and given them an opportunity to comment on said Draft EIR as required by the provisions of CEQA and the State Guidelines; .and WHEREAS, the City of Anaheim has evaluated the comments received from the public agencies and persons who reviewed said Draft EIR and has prepared responses to the comments received during the public review period; and WHEREAS, in conformance with Section 15132 of the State CEQA Guidelines, said comments and recommendations received on the Draft EIIt, either verbatim or in summary; a list of persons, organizations and public agencies commenting on the Draft EIR; the responses of the City of Anaheim to significant points raised in the review and consultation process; revisions to the Draft EIR; and, Mitigation Monitoring Program No. 147 (Appendix "A"), have been compiled in the Response to Comments document and together with the Draft EIR comprise Final EIR No. 2007-00337 for said project, a copy of which is on file with the Planning Department and incorporated herein by this reference as if set forth in full; and WHEREAS, in conformance with the requirements of CEQA and State Guidelines, the City of Anaheim has prepared, or caused to be prepared, The Kaiser Permanente Orange County Anaheim Medical Center project Environmental Impact Report Findings of Fact and Statement of Overriding Considerations, relating to Final EIR No. 2007-00337, a copy of which is on file in the Planning Department and incorporated herein by this reference as if set forth in full; and Cr1PC2007- -1- PC2007- Attachment -Item No. 5 WHEREAS, the City of Anaheim desires and intends to use Final EIR No. 2007-00337 as the environmental documentation required by CEQA and the :State Guidelines for each of the above> . referenced discretionary actions to the extent authorized by law; and WHEREAS, Final EIR No. 2007-00337 has been presented to the Anaheim Planning Commission for review and consideration prior to the final approval of the project; and WHEREAS, on October 15, 2007, the Anaheim Planning Commission did hold a public hearing, 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 Final EIR No. 2007-00337 and the project and to investigate and make findings in connection therewith; and, Whereas, the Planning Commission considered issues relating to global warming impacts in light of AB32, pending issuance of interim guidelines to be issued by the South Coast Air Quality Management District and development of a plan by the Califomia Air Resources Board to establish how California will meet its greenhouse gas (GHS) emissions target; and WHEREAS, upon consideration of the information and evidence presented, the Planning Commission finds that the additional units associated with the Kaiser Permanente Orange County Anaheim Medical Center project will not have a significant impact on global warming in that there is insufficient evidence to establish such an impact, and further based on the following: • The City has required numerous energy saving design standards incorporated into the project including installation of energy conservation techniques detailed, in part, in Mitigation Measures 1-hand 1-2; • Balanced land uses, including housing neaz employment opportunities, coupled with the project's close proximity to the Metrolink train station would provide excellent transportation alternatives within The Northeast Area; • The City has required the applicant to implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees as detailed in Mitigation Measures 7-land 7-2, thereby further reducing vehicle miles traveled and decreasing the project's contribution to global climate change; NOW, THEREFORE, BE IT RESOLVED by the Anaheim Planning Commission that the City of Anaheim does hereby certify Final Environmental Impact Report No. 2007-00337, adopting The Kaiser Permanente Orange County Anaheim Medical Center Environmental Impact Report Findings of Fact and Statement of Overriding Considerations, as modified on this date, and Mitigation Monitoring Program No. 147 and determines that said FEIR fully complies with CEQA, reflects the independent judgment of the Planning Commission and is adequate to .serve as the environmental documentation For the discretionary actions. _2_ PC2007- Attachment-Item No. 5 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING -3- PC2007- [DRAFT] Attachment -Item No. 5 RESOLUTION NO. PC2007-* A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR TENTATIVE PARCEL MAP NO. 2007-195 BE GRANTED.... (3400 - 3450 EAST LA PALMA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Parcel Map for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 73° 49' 30" EAST 121.24 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT TO AN ANGLE POINT IN THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 13, 1953 IN BOOK 2613, PAGE 231 OF OFFICIAL RECORDS; THENCE NORTH 9° 15' 43" EAST 79.00 FEET TO AN ANGLE POINT IN SAID STATE LAND; THENCE NORTH 62° 22' 41"EAST 68.45 FEET TO THE EASTERLY LINE OF THE WESTERLY 2/3RDS OF SAID LOT 3; THENCE NORTH 3° 45' 29" WEST 392.19 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 73° 49' 30" WEST 203.56 FEET TO THE WESTERLY LINE OF SAID LOT; THENCE SOUTH 3° 45' 29" EAST 479.15 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHERLY 12.00 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 2613, PAGE 231 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE WESTERLY LINE OF SAID LAND SOUTH 9° 34' 41" WEST 46.91 FEET; THENCE NORTH 13° 55' 07" WEST 46.02 FEET; THENCE ALONG ANON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET, FROM A TANGENT WHICH BEARS NORTH 15° 51' 30" WEST, THROUGH AN ANGLE OF 130° 59' S8" AN ARC DISTANCE OF 114.32 FEET; THENCE TANGENT. SOUTH 64° 51' 32" EAST 10.07 FEET TO THE EAST LINE OF THE WEST 2/3 OF SAID LOT; THENCE ALONG SAID EAST LINE SOUTH 3° 24' 32" EAST 21.68 FEET TO THE NORTHERLY LINE OF SAID LAND CONVEYED TO SAID STATE; THENCE ALONG SAID NORTHERLY LINE SOUTH 62° 41' 39" WEST 68.49 FEET TO THE POINT OF BEGINNING. Cr~PC2007-0 -I- PC2007- PARCEL 2: PARCELS 1 AND 2, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE -, _ ADNSTMENT NO. 330 RECORDED MAY 15, 1995 AS INSTRUMENT NO. 95- 0208325 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2A: ANON-EXCLUSIVE EASEMENT FOR VEHICULAR INGRESS AND EGRESS AND UTILITIES OVER THAT PORTION OF LOT 6 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN THE LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF MILLER STREET AND LA PALMA AVENUE AS SHOWN ON PARCEL MAP NO. 90-334, AS PER MAP RECORDED IN BOOK 271, PAGES 42 AND 43 OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, THENCE AT RIGHT ANGLES TO THE CENTERLINE OF SAID LA PALMA AVENUE SOUTH 16° 16' 00" EAST 53.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LA PALMA AVENUE (106 FEET WIDE) AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, AS RECORDED IN BOOK 5794, PAGE 284 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY L1NE NORTH 73° 44' 00" EAST 25.00 FEET; THENCE SOUTH 16° Ib' 00" EAST 3223 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADNS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' S3" AN ARC LENGTH OF 47.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 86° 18' 07" EAST 83.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADNS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° SS 59" AN ARC LENGTH OF 94.18 FEET TO A POINT OF TANGENCY ON A LINE PARALLEL WITH AND DISTANT EASTERLY 15 FEET, A5 MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 6; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 3° 4S S4 EAST 1017,06" FEET TO THE NORTH LINE OF THE SOUTH 12 FEET OF LOTS 5 AND 6 OF SAID ORANGE GROVE ACRES; THENCE WESTERLY ALONG SAID NORTH LINE SOUTH 73° 47' 20" WEST 30.72 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM SAID EAST LINE OF LOT 6; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 3° 4S 54" WEST 978.30 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADNS OF 95.00 FEET, A RADIAL LINE FROM SAID NONTANGENT POINT BEARS SOUTH 77° 28' 49" WEST; THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 48° 26' 39", AN ARC LENGTH OF 80:32 FEET TO A -2- PC2007- POINT ON ANON-TANGENT LINE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29° 02' 10" EAST; THENCE LEAVING SAID CURVE SOUTH 86° 18' 07" WEST 81.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADNS OF 75.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' S3" AN ARC LENGTH OF 101.36 FEET; THENCE NORTH 16° 16' 00" WEST 30.00 FEET TO SAID SOUTH LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG SAID SOUTH LINE NORTH 73° 44' 00" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING, PARCEL 3: THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 6, PAGE 42, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, SAID POINT BEING IN THE CENTER LINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH 3° 45' 29" EAST ALONG THE WESTERLY LINE OF SAID LOT 3 A DISTANCE OF 764.48 FEET TO A POINT THAT IS NORTH 3° 45' 29" WEST 479.15 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 3 SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO FREDERICK P. MORLEY AND OTHERS, RECORDED APRIL 28, 1959, IN BOOK 4687, PAGE 372, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 73° 49' 30" EAST ALONG THE NORTHERLY LINE OF SAID LAND TO MORLEY, 203.56 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 2/3RDS OF SAID LOT 3, SAID POINT BEING THE NORTHEAST CORNER OF SAID MORLEY LAND; THENCE NORTH 3° 45' 29" WEST ALONG SAID EASTERLY LINE OF THE WESTERLY 2/3RDS OF LOT 3 A DISTANCE OF 764.81 FEET TO A POINT IN SAID CENTER UNE OF LA PALMA AVENUE, SAID GENTER LINE BEING THE NORTH LINE OF SAID LOT 3; THENCE SOUTH 73° 44' 00" WEST 203.56 FEET TO THE POINT OF BEGINNING. PARCEL 3A: THE WEST ONE-THIltD OF LOT 2 AND THE EAST ONE-THDtD OF LOT 3, BOTH OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED MAY 4, 1964 IN BOOK 7029, PAGE 419 OF OFFICIAL RECORDS. PARCEL 38: THAT PORTION OF LOT 4,OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY AND NORTHEASTERLY OF THE FOLLOWING -3- PC2007- DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 4, SOUTH 73° 44' 00" WEST 85.29 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING ON THE CENTERLINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH 03° 45' 29" EAST 662.78 FEET, PARALLEL WITH THE EASTERLY LINE OF SAID LOT 4; THENCE SOUTHEASTERLY 117.77 FEET TO A POINT ON SAID EASTERLY LINE NORTH 03° 45' 29" WEST 479.15 FEET FROM THE ' SOUTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO FREDERICK P. MORLEY AND OTHERS RECORDED APRIL 28, 1959 IN BOOK 4687, PAGE 372 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 15, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed tentative parcel map 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: i. That the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan. 2. That the site is physically suitable for the proposed development and the. density/intensity proposed. 3. That the design of the subdivision or the proposed improvements will observe all existing easements for the use of, or access through the property. 4. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning Commission does hereby certify Environmental Impact Report No. 2007-00337, adopting The Kaiser Hospital Environmental Impact Report Findings of Fact and Statement of Overriding Considerations and Mitigation Monitoring Program No. 147 and determines that said Environmental Impact Report No. 2007-00337 fully complies with CEQA, reflects the independent judgment of the Planning Commission and is adequate to serve as the environmental documentation for the discretionary .actions. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Tentative Parcel Map No. 2007-195, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: -4- PC2007- ... a Prior to approval of the final map or within a period of two (2) year from the date of this resolution, whichever occurs first, the followine conditions shall be complied with: That the fmal map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. ` General Conditions: 2. That Tentative Parcel Map No. 2007-195 is granted expressly conditioned upon approval of Development Agreement No. 2007-00003, Specific Plan Amendment No. 2007-00048, and Conditional Use Permit No. 2006-05146, and the determination by the City Council that EIR No.2007-00337, along with Mitigation Monitoring Plan No. 147 are adequate to serve as the environmental documentation for these actions. 3. That timing for compliance with conditions of approval maybe 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 towazd establishment of the use or approved development. 4. That extensions for further time to complete conditions of approval maybe granted in accordance with .Section 18.60.170 of the Anaheim Municipal. 5. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying al] charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, -5- PC2007- "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. COMMISSION ATTEST: CHAIRMAN, ANAHEIM PLANNING SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held October 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2002 SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2007- Attachment -Item No. 5 _~_ ~ resolutions, inc._ ® Plannlrcg&Redevel¢pment Cnnsulang August 6, 2007 HAND DELIVERED Mr. David See, Senior Planner City of Anahelm-Planning Department 200 5. Anahelm Boulevard, Suite 162 Anahelm, Califomla 92805 RE Proposed Kaiser Permanents OrangeCounty -Anaheim Medical Center (3400 E. La Palma Avenue, Anaheim, CA) Subject: CUP SUPPLEMENTAL INFORMATION/ENDINGS OF FACT AND SPECIFIC PLAN AMENDMENT REQUEST Dear Mr. See: As you are aware, MG Resolutions, Inc. has been retained by Kaiser Foundation Health Plan, Inc. (the "Applicant") to provide planning consultant services and has been assisting in the entitlement processing of the above referenced project proposal. The following Information provides: 1) A detailed project description and operational characteristics for the proposed hospital facility; 2) Description of the entitlements requested; 3) Finding of Fad for approval of the CUP; and 4) Request for Specific Plan Amendment- Boundary Adjustment (the City does not have a formal application form). I. Project Description Operational Characteristics A. Site Area/Existlna Land Uses -The project site Is bound by La Palma Avenue on the north, SR-91 Riverside Freeway to the south, Grove Street to the east, and Tustin Avenue. to the west. It encompasses several contiguous parcels (APN 34512106, 34512117, 34512124, and 34512125) owned by the Applicant totaling approximately 27 acres. Currently, the site Is developed with a vacant Ilght manufacturing building (former Cinram site), a freestanding courier service building, a surtace parking lot, a multitude of self storage units, and a caretaker's residence. All of the existing structures will be demolished. The adjacent land uses to the north and east primarily consist of Ilght manufacturing facilities. A retail establishment (Fry's Electronics) adjoins the site on the west. B. Proposed Development -The applicant proposes to develop the approximate 27-acre site with a master planned campus-like setting focused on health care services, which will include a hospital, administrative offices, medical offices, central utility plant, retail areas and associated parking. In particular the campus will contain 595 E. Colorado Boulevard Suite 528 Pasadena • C¢lifomi¢91I01 62fi. 584. 1098 • 626. 584. 1253 fax mi6m!iLmgrcs¢lut ionsinc.cnm Rnfnr-ermanmrc Orange Cnumr- AnnhAm Afadlml Ceneer {UP Application Irf moation /gP Amendment rtegvat Augun 6, 7(p] Page 1 nJ6 the following and as presented on our submitted drawings: 1. Hospital including expansion up to 360 beds phased over time driven b'y the growth of membership In the Orange County area. 2. Professional Office Buildings (POB's) -approximately 420,000 SF phased over time driven by the growth of membership In the Orange County area. 3. Administrative Office area of approximately 120,000 SF to support the hospital and POB's. 4. Central Utlllty Plant and Maintenance facilities to support the hospital, POB's and campus development. 5. Two, six story (60 feet) parking structures will be developed over time, In addition to, surface parking to adequately service the above uses. Based on the foregoing Information the 27-acreslte will contain approximately 1.2 million square feet at final build out of buidings and an estimated 3,782. parking ' spaces In a combination of surface and structures. ~ " C. Proiect Phaslno -The project will be phased as follows: Phase 1 Demoll[Ion and removal of the existing buildings onslte. • Construction of an 118,500 square foot, 66foot tall professional office building. • Surface lot parking for 593 vehicles. Construction of two ingress/egress points along La Palma Avenue. Phase 2 • Development of Phase 1 of the hospital, consisting of a 107 foot tall, 433,000 square foot building, housing up to 26D patient beds. • Development of two healing gardens. • Development of a garden area In the northwest portion of the project site. • 6ctension of the main driveway entrance to the hospital's main drop-pff and entrance point. • Construction of one 107 foot tall, 180,000 square foot professional office building. • A 44,694 square foot central utilities plant would be constructed near the southwest corner of the proposed project site, with an adjacent service yard that would allow for supply drop-off. • Construction of a 60 foot tall, 681,102 square foot parking structure that would accommodate up to 1,968 vehicles along the western boundary of the project site. Phase 3 Development of Phase 2 of the hospital, consisting of construction of a 107 foot tail, 200,000 square foot additional hospital space connected to the 6uinr Permammr Orange Cwmy-Anaheim Mediml rsnm CVP Appliranan Informnrion/SP Amrndmme Regvur Augnn 6, 7Q07 Pogc 3 of 6 east portion of the hospital, The addltlonal space would accommodate an addltlonal 100 patient beds. An extension of the healing gardens which would run parallel to the hospital addition. Two professional office buildings would be constructed on either side of the main entrance driveway. One building would total 120,000 square feet and 160 feet tall; the other would be 100,DOp square feet and 96 feet tall. D Site Lavout/Access -The site will be developed as a campus and will likely be served via a number of Ingress/egress points along La Palma Avenue. Currently proposed are three access points, The applicant also proposes a street vacation of the cul-de-sac portion of Grove Street along the south property Ilne. E. Ooeratlonal Characteristics -The campus is a 24-hour operation, typically working in three (3), eight (8) hour shifts. It is anticipated to employ approximately 3,000 staff (at build out), including doctors, nurses, administrators, janitorial and food service employees. II. Project Entitlement Requests We are requesting approval of the following discretionary actions: 1. Specific Plan Amendment - To adjust the boundary line of Development Area 4 to encompass the entire project site, which will allow for the greater building height (100 feet) and FAR (1.0); 2. Condit(onal Use Permit (CUP) - To allow for the hospital use within Development Area 4 and possible height adjustment to exceed to 100-foot maximum; 3. Parcel Map - To consolidate the various parcels (reversion to acreage) Into one fot. 4. Street vacation - To abandon the cul-de-sac portion of Grove Street, thus making it part of the developable area; IIE. CUP Findings of Fad for Approval It Is our belief that findings to justify and support approval of the requested Conditional Use Permit exist In accordance with the criter(a of Section 18.66.060 of the City of Anaheim Munidpal Code In: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as deFrned in subsection ..030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority) of the Anaheim Munfclpal Code; FINDING: According to the Clty of Anaheim Munfclpal Code Section 18.120.090.050.0522, hospitals are allowed uses in the Development Area 4 of the Northeast Specific Plan Area xa~,., r,.m~~m~ o.ong. ca~~r -A~an,~m m<di~al Cm,~r CUP Ayylicuoan Informotiun/SP Amm~dment Requart dugmt 6. 3IN1i PegeJ ffi subject to approval of a conditional use permit {Ord. 6031 § 67; August 22, 2006.). The proposed Kaiser Permanente Orange County - Anaheim Medical Center facility falls withi~ahis category. The proposed project compiles with the existing General Plan Land Use designation of Institutional and Implements Its goals, objectives and strategies by allowing uses, which are 4ompatible and pose no threat to adjacent or adjoining land uses through appropriate site planning, building Improvements and operating procedures. Furthermore, the site design and proposed development improvements enhance the aesthetic appearance of the property and such Improvements are complimentary with the adjoining neighboring properties. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which It is located; FINDING: The proposed development Is consistent with the Intent, purpose and development standards of the Northeast Speclflc Plan Area (Development Area 4) in that the proposed development {1) is a permitted use with approval of a CUP in the underlying General Plan Land Use designation of Institutional and implementing Northeast Specific Plan zoning designation in which the property Is located; (2) complies with all of the applicable development standards pertaining to new development required by the Speclflc Plan; (3) Is consistent with and meets all of the general standards of development set forth in the Specific Plan; (4) promotes the land use objectives of the Speclflc Plan Including but not limited to the objectives of (a) unique development potential offered by a commuter rail station In close proximity, (b) enhancement of economic vitality of the area and promotion of the area as a successful regionally competitive location for business, (c) effective utilization of land, (d) Improving Infrastructure on the site including under grounding of new utilities, and (e) safe and efficient vehicle and pedestrian circulation; and (5) meets or exceeds all .required parking, and landscaping standards of the Speclflc Plan, Therefore, the proposed project Is found to be a needed resource essential to the community's economic health and the preservation of a competitive growth potential. 3. That the size and shape of the site proposed for the use is adequate to allow the full developmentof the proposed use in a manner not detrimental to the particular area or to health and safety; FINDING: The .approximate 27-acre site with the proposed phased development of 1.2 million square feet of buildings and 3,782 parking spaces is adequate to accommodate the proposed use. The ultimate build-out is within the established thresholds allowed under the Specific Plan. The site has been designed in a campus-like setting to be cohesive with the neighboring properties .and proposes sufficient setbacks and substantial open space areas with appropriate landscaping treatment to further enhance the appearance. Additionally, conditions will be imposed on the site design and operating procedures to ensure that the proposal minimizes any potential negative Impacts on the adjacent and surrounding properties. 4. That the treffic 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; FI DING: The site design, site organization, and vehicle and pedestrian circulation has been optimized to reduce potential interterence with any neighboring existing or future a Kors.r Permnmm~ Omnge Gvnq-- Awheim ALdival Gnnr CUY Applim[ion I J rmatian /SP Amendmen[ Requrst Augurz b, 7007 P~g~ i of b development contemplated within the Specific Plan Area. The site Is served directly by La Palma Avenue with vehicular trips from many surrounding major arterials and highways, A traffic study has been prepared, which will provide for appropriate mitigation measures to reduce any potential impacts to a level of inslgniflcance. In the event there are streets that even after rnitlgation measures are Imposed, It still results in significant unavoidable impacts the Clty shall consider adopting a Statement of Overriding Consideration. It Is our belief that if this project warrants such a conclusion, the benefits to be derived from the development far out weigh the environmental impacts It may cause because It will provide for the development of the project consistent with City's General Plan goals and policies; provide a modern, updated full service medical facility to support the needs of the residents of Anaheim and surrounding communities; redevelop and improve an underutilized parcel; respond to advances in technology, treatments, and patient expectations that allow services to be performed in a cost effective outpatient setting; provide a variety of services, such as cancer care, imaging, cardiology, obstetrics; pharmacy and labs and emergency services In a central campus Ilke setting; and attract and retain quality healthcare professionals by providing a modem and efficient work environment. Thereby, the proposed use will not Impose an undue burden. upon the streets and highway which serve the facility. 5, That the granting of the conditional use permit under the conditions Imposed; if any, will not be detrimental to the health and safety of the Gtizens of Anaheim. FINDING: The proposed Kaiser Permanente Orange County -Anaheim Medical Center facility use is consistent with the General Plan Land Use designation and Implementing zoning. Additionally, before the Issuance of City development permits and/or a Certificate of Occupancy, the proposed project is required to comply wlth.all conditions set forth in a resolution and the Building and Safety plvlslon, Engineering/Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will It be materially Injurious to the properties or Improvements in the vicinity. Therefore, granting of the conditional use permit will not be detrimental to the public health or Injurious to the property or injurious or improvements to such zones and facilities. IV. Request for Amendment to SP 94-1 (Boundary Adjustment) In conjunction with the above referenced development proposal, we are formally requesting an amendment to the Northeast Area Specific Plan (SP 94-1). Currently, the proposed 27 acre complex Is located within both Development Area 3 (La Palma Core) and Development Area 4 (Transit Core), The westerly half of the site (Cinram Property) is within Development Area 3, which we are requesting that It become part of Development Area 4. Development Area 4 would allow for the increased building height to 100 feet and maximum F.A. R, of 1.0. Development Area 4 would still permit the use of a hospital with approval of a CUP, This development area Is Intended to provide for and encourage the development of business and professional office uses, Including offices and corporate headquarters, and retail uses, and further, to recognize the unique development potential offered by a commuter roll station. These resources are found to have .both local and regional significance due to the City's central geographic location and ideal proximity to regional markets and labor pools, and regional access, circulation and public transit routes. This mixed use area, and Its Kuhn Pnmaneme O,angc Ceumy-Anoheim Afediral Cmur LUP Applimtion Lf rmocion /SP Amendmnrt Acquect A ugw, 6, 2007 Pogc 6 of 6 cont(nued development In a quality manner, is found to be a resource essential to the community's economic health and the preservation of a competitive growth potential.,, It Is our belief that the proposed hospital campus development will assist in advancing those goals and objectives by: • Providing for the development of the project consistent with City's General Plan goals and policies, • Providing a modern, updated fuil service medical fatillty to support the needs of the residents of Anaheim and surrounding communities; • Redeveloping and improving an underutilized parcel; • Responding to advances In technology, treatments, and patient expectations that allow services to be performed In a cost effective outpatient settFng; • Providing a variety of services, such as cancer care, Imaging, cardiology, obstetrics, pharmacy and labs and emergency services In a central campus Ilke setting; and • Attracting and retaining quality healthcare professionals by providing a modern and efficient work environment. Therefore, the proposed shift in the project area boundary (s reasonable, justifiable and defensible, and does not pose a threat to creating a biased decision or rending the Code provisions inconsequential. If you should have any questions or require any additional information, please do not hesitate to contact me at (626) 584-1098 office, (626) 664-5003 cell, or mllan@mgresolutionsinc.com. We look forward to continuing a collaborative working relat(onshp. Respec Ily ubmitted, /'f^/',~'7f Milan L. Garrison President C: Sunll ). Shah Duane Luzum )oe Stasney Barbra F. Shipnuck Nancy G. Burke Indrajit Obeysekere Greg Bennett ~~ 7® 337 A'I'TAC ENT N®. 9 I'I'IGAT'N NIT NG PLAN A'I'AC ENT N. 10 STATE ENT F' DING CNSI E 'TINS AT'TAC NT N. 11 SPNSE T'® C ENT'S T ESE I~®C~J EI~TTS 1~VAILAELE F®R PUELIC ~IE~T IN T E PLI~NNII~TCT I~EP T~IEIVT Item No. 6 ee~m® ORANGE COUNTY WATER DISTRICT Conditional Use Permit No. 3277 TRACKING NO. 2007-p5251 Requested By: CITY OF ANAHEIM PLANNING DEPARTMENT 950 - 970 North Tustin Avenue 0 e a ®_ 61 N `' ~ ~ Subject Property Date: October 15, 2007 Scale: 1" = 200' Q.S. No. 150 10364 Alpha (NO~nt pro eci ?re®° o .,. Redevelop , ~ . ~° SP 94-1 SP 94-1 RCL 65-66-24 (Res of Intent to ML) RCL 65-66-13 CUP 2169 T-CUP 2003-04675 CUP 4020' WARNER SPREADING BASIN (O.C.W.DJ T \RCL 65-66-13 s .ITEM N0.6 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT. DATE:. OCTOBER 15, 2007 FROM:. PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT N0.3277 (TRACKING NO. CUP2007-05251) LOCATION: 950 - 970 North Tustin Avenue. APPLICANT: City of Anaheim REQUEST: This is a request initiated by the Planning Department to revoke or modify Conditional Use Permit No. 3277, which permits office uses in an existing industrial: building and a waiver to permit an electronic readerboazd sign. RECOMMENDATION: Staff recommends that the Commission continue this request to December 10, 2007, to allow the property owner to work with staff on resolving these Community Preservation issues. BACKGROUND: This property is developed with office'and industrial businesses and is located within the Northeast Area Specific Plan, Commercial Area (SP94-1- Development Area 5). Conditional Use Permit No. 3277, a request to permit office uses in an existing indushial building with fi•eastanding signs that aze closer together than coda permits, was approved by the City Council on August 21, 1990. One of the office uses allowed by this entitlement is currently operating in violation of this permit. This entitlement also allowed an electronic readerboard sign which is also the subject of this revocation request: On August 20, 2007, at the request of the Community Preservation Division, the Planning Commission requested the subject conditional use permit be set for public hearing to consider the revocation or modification of the permit: A certified lettar dated September 28, 2007 was sent to the property owner of record to provide written notification, of the date, place and time of this public hearing to consider the revocation or modification of Conditional Use Permit No. 3277. Since the advertisement of this request, staff and the property owner met to discuss the Code violations on the property. The property owner has agreed to submit an application to amend the conditional use permit to permit the exisfing unpermitted ". ". a CONDITIONAL USE PERMTI NO. 3277 October 15, 2007 Page 2 of 2 businesses on the property, to cease the advertisement of businesses that are not located on the property on the electronic readerboard sign, and to obtain a final inspection for the electronic readerboard permit. Therefore, staff requests a continuance to December 10, ?007, to provide an adequate amount of time for the property owner to submit the application. Respectfully submitted, , ~. i ~` `J ~ j! ~: Acting Principal Planner Concurred by, n Planning Director