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Resolution-PC 2016-008RESOLUTION NO. PC2016-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05815 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00071) (2337-2415 SOUTH MANCHESTER AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for (i) Conditional Use Permit No. 2015-05815 to permit the construction of a 120 -unit attached, single-family residential project (the "Project") with modified development standards, i.e., a reduction in setback requirements of the "RM -4" Multiple -Family Residential Zone, and (ii) Variance No. 2015-05046 to allow a six-foot high fence within the front setback instead of a three-foot high fence, as required under Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) of the Anaheim Municipal Code (the "Code"), for that certain real property located at 2337-2415 South Manchester Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2015-05815 and Variance No. 2015-05046 are proposed in conjunction with a request (i) to rezone or reclassify the Property from the "T" Transition, "C -G" General Commercial and Mobile Home Park (MHP) Overlay Zones to the "RM -4" Multiple -Family Residential Zone, which reclassification is designated as "Reclassification No. 2015-00282", and (ii) for approval of a tentative tract map to permit a 120 - lot single-family, attached residential subdivision of the Property, which is designated as "Tentative Tract Map No. 17920". Reclassification No. 2015-00282, Conditional Use Permit No. 2015-05815, Variance No. 2015-05046, Tentative Tract Map No. 17920, and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, all development within the "RM -4" Multiple -Family Residential Zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .030 of Section 18.06.160 (Residential Planned Unit Development) of the Code. Pursuant to subsection .030 of Section 18.06.160 (Residential Planned Unit Development), the minimum setbacks set forth in Section 18.06.090 (Structural Setbacks) may be modified in order to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. If approved, Conditional Use Permit No. 2015-05815 will permit the reduction in the street setbacks and setbacks between buildings requirements of the "RM -4" Multiple -Family Residential Zone for the Property; and WHEREAS, subsequent to giving notice of said public hearing, it was determined that Variance No. 2015-05046 was not warranted. Accordingly, Variance No. 2015-05046 has been eliminated as a part of the petitioner's request and is not a part of the Proposed Project; and WHEREAS, the Property is approximately 5.5 acres in size. A portion of the Property is located in the "T" Transition Zone and the balance of the Property is located in the "C -G" General Commercial Zone. The Property is also located within the Mobile Home Park (MHP) - 1 - PC2016-008 Overlay Zone meaning that the regulations contained in Chapter 18.26 (Mobile Home Park (MHP) Overlay Zone) of the Anaheim Municipal Code (the "Code") apply in addition to and, where inconsistent therewith, shall supersede any regulations of the "T" Transition Zone or the "C -G" General Commercial Zone, as the case may be. The Property is designated on the Land Use Element of the General Plan for "Medium Density Residential" uses; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 327") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January, 25, 2016 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 327, and approved and adopted the Mitigated Negative Declaration and MMP No. 327; and WHEREAS, pursuant to Subsection .030 of Section 18.06.160 (Residential Planned Unit Development), this Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, including the plans submitted by the applicant, does hereby find and determine the following facts with respect to Conditional Use Permit No. 2015-05815: 1. The uses within the Project are compatible with the surrounding land uses; 2. New buildings or structures related to the Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of the Zoning Code; 3. Vehicular and pedestrian access are adequate; - 2 - PC2016-008 4. The Project is consistent with any adopted design guidelines applicable to the Property; 5. The size and shape of the site proposed for the proposed Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; 6. The traffic generated by the proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 7. The impact upon the surrounding area has been mitigated to the maximum extent practicable; 8. The Project complies with the General Plan; 9. The proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17920, including its design and improvements, will, upon approval thereof, comply with the Subdivision Map Act; and 10. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this Planning Commission does hereby approve and adopt Conditional Use Permit No. 2015-05815, contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM -4" Multiple -Family Residential Zone under Reclassification No. 2015-00282, and (2) the adoption by this Planning Commission of a resolution approving Tentative Tract Map No. 17920, all of which entitlements are now pending; (3) the mitigation measures set forth in MMP No. 327, and (4) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -3 - PC2016-008 BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 25, 2016. 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, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-008 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on January 25, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: RAMIREZ ABSENT: COMMISSIONERS: NONE 2016. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-008 EXHIBIT "A" DEV NO. 2015-00071 Source: Recorded Tract Maps and/or City GIS. �J Feet Please note the accuracy is +/- two to five feet. - 6 - PC2016-008 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05815 (DEV2015-00071) NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 The applicant shall submit to the Public Works Department, Public Works, Development Services Division, for review and approval, a Water Development Services Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. • Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs 2 Prior to issuance of the grading permit and right-of-way construction Public Works, permit for the storm drain and sewer, whichever occurs first, a Save Development Services Harmless agreement in -lieu of an Encroachment Agreement for any storm drains connecting to a City storm drain is required to be executed by the property owner, approved by the City and recorded in the Office of the Orange County Recorder. 3 Prior to final grading approval, the developer shall obtain and record a Public Works, drainage acceptance letter signed by the adjacent legal property owner, the Development Services mobile home park at 2300 Lewis Street, for acceptance of flow. 4 That the developer shall submit a set of improvement plans for Public Public Utilities, Water Utilities Department review and approval in determining the conditions Engineering necessary for providing water service to the project. 5 Prior to grading plan approval, the applicant shall submit a Drainage Public Works, Study prepared by a registered professional Civil Engineer in the State of Development Services 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. 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 -year storm frequencies; an analysis of all drainage impacts to the existing stone drain system based upon the ultimate project build -out condition; - 7 - PC2016-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 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. Finish floor elevation shall be one foot above sump condition at 100 year storm event. 6 Prior to grading plan approval, the applicant shall demonstrate that Public Works, coverage has been obtained under California's General Permit for Development Services Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 7 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) Public Utilities, Water an easement for all large domestic above -ground water meters and fire Engineering hydrants, including a five (5) -foot wide easement around the fire hydrant and/or water meter pad (ii) a twenty (20) foot wide easement for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 8 The developer/owner shall submit to the Public Utilities Department, Public Utilities, Water Water Engineering Division an estimate of the maximum fire flow rate Engineering 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 be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 9 The owner shall submit s set of improvement plans for review and Public Utilities, Water approval in determining the conditions necessary for providing water Engineering service to the project. - 8 - PC2016-008 - 9 - PC2016-008 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 10 All fire services 2 -inch and smaller shall be metered with a UL listed Public Utilities, meter, Hersey Residential Fire Meter with Translator Register, no equals. Water Engineering 11 Individual water service and/or fire line connections will be required Public Utilities, for each parcel or residential, commercial, industrial unit per Rule 18 Water Engineering of the City of Anaheim's Water Rates, Rules and Regulations. 12 The Owner shall be responsible for restoring any special surface Public Utilities, improvements, other than asphalt paving, within any right-of-way, Water Engineering public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C, C & R's for the project and the City easement deeds. 13 A minimum of two connections to public water mains and water looping Public Utilities, inside the project are required. Water Engineering 14 The following minimum horizontal clearances shall be maintained Public Utilities, between proposed water main and other facilities: Water Engineering - 10 -feet minimum separation (outside wall -to -outside wall) from sanitary sewer mains and laterals, and any buildings, footings, and walls - 5 -feet minimum separation from all other utilities, including storm drains, gas, and electric - 6 -feet minimum separation from curb face 15 This condition of approval was deleted during the public hearing. 16 This condition of approval was deleted during the public hearing. 17 This condition of approval was deleted during the public hearing. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 18 Excluding model homes, the final map shall be submitted to and Public Works, approved by the City of Anaheim Department of Public Works and the Development Services Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. 19 All backflow equipment shall be located above ground outside of the Public Utilities, street setback area in a manner fully screened from all public streets and Water Engineering alleys. Any backflow assemblies currently installed in a vault will have - 9 - PC2016-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 20 All requests for new water services, backflow equipment, or fire lines, as Public Utilities, well as any modifications, relocations, or abandonments of existing water Water Engineering services, backflow equipment, and fire lines, shall be coordinated and permitted through the Water Engineering Division of the Anaheim Public Utilities Department. 21 This is a project with a landscaping area exceeding 2,500 square feet, a Public Utilities, Landscape Documentation Package and a Certification of Completion Water Engineering are required and a separate irrigation meter shall be installed in compliance with Chapter 10. 19 of Anaheim Municipal Code and Ordinance No. 6160 relating to landscape water efficiency. 22 All existing water services and fire services shall conform to current Public Utilities, Water Services Standards Specifications. Any water service and/or fire Water Engineering line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 23 Water improvement plans and approved design shall be submitted. The Public Utilities, legal property owner shall post a security to complete the required Water Engineering improvements. The improvements shall be completed prior to Final Building and Zoning Inspections. 24 The property owner/developer shall coordinate with Electrical Public Utilities, Engineering to establish electrical service requirements and submit Electrical Engineering electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 25 The legal owner shall provide to the City of Anaheim a Public Utilities Public Utilities, easement with dimensions as shown on the approved utility service plan. Electrical Engineering 26 The legal owner shall submit payment to the City of Anaheim for service Public Utilities, connection fees. Electrical Engineering 27 Prior to issuance of the first building permit, excluding model homes, the Public Works, final map shall be submitted to and approved by the City of Anaheim Development Services Department of Public Works and the Orange County Surveyor for technical review and that all the applicable conditions of approval have - 10 - PC2016-008 - 11 - PC2016-008 RESPONSIBLEDEPARTMENT NO. CONDITIONS OF APPROVAL been complied with and then shall be filed in the office of the Orange County Recorder. 28 The LAFCO boundary reconfiguration shall be approved and recorded Public Works, prior to approval of the final tract map. Development Services 29 Prior to issuance of the first building permit, the final map shall be Public Works, submitted to and approved by the City of Anaheim Department of Public Development Services Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. 30 A maintenance covenant shall be submitted to the Subdivision Section and Public Works, approved by the City Attorney's office. The covenant shall include Development Services provisions for maintenance of private facilities such as private sewer, private streets, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Manchester Ave, the private street name signs and the Private Streets. The covenant shall be recorded concurrently with the final map. 31 That prior to final map approval, street improvement plans shall be Public Works, submitted for improvements along the frontage of Manchester Avenue. Traffic Division Improvements shall conform to the City Standards and as approved by the City Engineer. Parkway landscaping and irrigation shall be installed on the public streets. Prior to final map approval, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. 32 The property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim an easement in Manchester Avenue for road, public, utilities Traffic Division and other public purposes. The width of the easement shall include the existing road improvements and terminate at 10 feet back of the existing curb in the west side of the existing road. The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner's expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. 33 Sewer collection services for the Project shall be provided either: (1) by Public Works, the City of Orange under the terms and conditions of an Out -of -Area Development Services Sewer Service Agreement mutually agreeable to the legislative bodies of the City of Orange and the City of Anaheim; or, in the absence of such an agreement, (2) in conformance with all applicable local, state and federal, statutes, ordinances, regulations, resolutions, policies, standard plans, permits or other requirements of the City of Anaheim. - 11 - PC2016-008 - 12 - PC2016-008 RESPONSIBLEDEPARTMENT NO. CONDITIONS OF APPROVAL If an Out -of -Area Sewer Service Agreement is approved by the legislative bodies of the two cities, the applicant shall: (a) Apply to the City of Orange for sewer service for the Project in compliance with the terms and provisions of the Out -of -Area Sewer Service Agreement, including, but not limited, to the preparation and submittal of construction plans for the connection of the sewer system improvements servicing the Project to the sewer system of the City of Orange in compliance with all applicable local, state and federal, statutes, ordinances, regulations, resolutions, policies, standard plans, permits or other requirements of the City of Orange; and (b) Secure from the City of Orange all permits and approvals deemed necessary and appropriate by the City of Orange for connection of the sewer system improvements servicing the Project to the sewer system of the City of Orange; and (c) Pay any and all fees and charges related thereto, including City of Orange sewer installation charges. 34 Prior to issuance of building permit, a private sewer easement shall be Public Works, granted through adjacent property in favor of Lot No. 1 for sewer Development Services connections to City of Orange. 35 That prior to the issuance of a building permit, a Stop Sign, Stop Bar, and Public Works, Stop Legend shall be installed on the eastbound approach of the Project Traffic Engineering Driveway at Manchester Avenue prior per the latest versions of Engineering Standard Details 434 and 435. Subject property shall thereupon be developed and maintained in conformance with said plans. 36 Plans shall show stop signs on the private drive and a stop legend painted Public Works, on the drive aisles per the latest versions of Engineering Standard Details 434 and 435. Subject property shall thereupon be developed and Traffic Engineering maintained in conformance with said plans. 37 Prior to the issuance of building permits for Lot 10, Street Improvement Public Works, Plans for the required Line of Sight design feature (re -stripe of Traffic Engineering Manchester Avenue) shall be submitted to both the City of Anaheim and City of Orange for review and approval. Said improvements shall be completed at the applicant's expense. - 12 - PC2016-008 - 13 - PC2016-008 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 38 Prior to the issuance of building permits for Lot 10, the improvements Public Works, associated with the Street Improvement plans for the required Line of Traffic Engineering Sight design feature (re -stripe of Manchester Avenue) shall be implemented, completed, and signed off by the Public Works Inspector. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 39 Address numbers shall be positioned so as to be readily readable from the Police Department street. Numbers shall be visible during hours of darkness. 40 Fire lanes shall be posted with "No Parking Any Time." Said Public Works, information shall be specifically shown on plans submitted for reiterate Traffic Engineering building permits. 41 That curbs adjacent to the drive aisles shall be painted red to prohibit Public Works, parallel parking in the drive aisles. Red curb locations shall be clearly Development Services labeled on building plans. 42 The required public improvements shall be installed prior to final zoning Public Works, and building inspection. Development Services 43 All required WQMP items shall be inspected and operational. Public Works, Development Services 44 All required public street, landscaping, irrigation, sewer and drainage Public Works, improvements shall be constructed prior to final building and zoning Development Services inspections and are subject to review and approval by the Construction Services inspector. ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS 45 Any Graffiti painted or marked upon the premises or on any adjacent Police Department area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 46 Trash storage areas shall be provided and maintained in a location Public Works acceptable to the Public Works Department, Streets and Sanitation Division Department, Streets and and in accordance with approved plans on file with said Department. Said Sanitation Division storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1 -gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. - 13 - PC2016-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT GENERAL 47 The subject Property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services applicant and which plans are on file with the Planning Department, and Division as conditioned herein. 48 Conditions of approval related to each of the timing milestones above shall Planning Department, be prominently displayed on plans submitted for permits. For example, Planning Services conditions of approval that are required to be complied with prior to the Division issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 49 The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of the Planning Services issuance of the final invoice or prior to the issuance of building permits Division for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 50 The Applicant shall defend, indemnify, and hold harmless the City and Planning Department, its officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnitees") from any and all claims, Division actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. -14- PC2016-008