Resolution-PC 2016-011RESOLUTION NO. PC2016 -011
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2015-05787
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00002)
(420 AND 440 NORTH MAGNOLIA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission") did receive a verified petition to approve Conditional Use Permit No.
2015-05787 to permit a 25 -unit, small lot single family residential subdivision for that certain
real property located at 420 and 440 North Magnolia 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, the Property consists of two parcels, one of which is currently undeveloped
and is located in the "T" Transition Zone. The second parcel is also undeveloped and is located
in the "C -G" Commercial General Zone. The Anaheim General Plan designates this Property for
Residential Corridor land uses; and
WHEREAS, all development within the "RS -4" Single -Family Residential Zone is
subject to the provisions of Section 18.04.160 (Development in the RS -4 Zone) of Chapter 18.04
(Single -Family Residential Zones) of the Anaheim Municipal Code (the "Code"), which provides
that all such development is subject to the approval of a conditional use permit; and
WHEREAS, Conditional Use Permit No. 2015-05787 is proposed in conjunction with
Reclassification No. 2015-00277, which is a request to rezone or reclassify the Property from the
"T" Transition Zone and the "C -G" General Commercial Zone to the "RS -4" Single -Family
Residential Zone, and Tentative Tract Map No. 17858, which would establish a 25 -lot single
family residential subdivision on the Property (collectively referred to herein as the "Proposed
Project"); and
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on January 25, 2016 to hear and
consider evidence for and against the Proposed Project, including proposed Reclassification No.
2015-00277, Conditional Use Permit No. 2015-05787 and Tentative Tract Map No. 17858, and
to investigate and make findings and recommendations in connection therewith. Notice of said
public hearing was duly given as required by Section 65090 of the California Government Code
and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal
Code (the "Code"); and
WHEREAS, by the adoption of a separate resolution concurrently with but prior in time
to this Resolution, this Planning Commission has heretofore found and determined, as the "lead
agency" under the California Environmental Quality Act (Public Resources Code Section 21000
et seq.; herein referred to as "CEQA"), that the Proposed Project is within that class of projects
which consist of in -fill development meeting the conditions described in Section 15332 of Title
14 of the California Code of Regulations ("CEQA Guidelines") and, pursuant to Section 15332
of the CEQA Guidelines, is categorically exempt from the provisions of CEQA; and
- I - PC2016-011
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request to permit a 25 -lot single-family residential subdivision
with a deviation from the City's private street standard pertaining to street and parkway widths,
does find and determine pursuant to Subsection .060 of Section 18.04.160 (Development in the
RS -4 Zone) of the Code, the following facts with respect to Conditional Use Permit No. 2015-
05787:
1) The uses within the Proposed Project are compatible with surrounding land uses.
2) New buildings or structures related to the Proposed Project are compatible with
the scale, mass, bulk, and orientation of existing buildings in the surrounding area. The lot sizes
and widths proposed are adequate to ensure quality design that is compatible with the adjacent
residential neighborhood and is not anticipated to adversely affect development of the area.
With the modifications of certain standards described herein and under the conditions imposed,
the size and shape of the site is adequate to allow the full development of the Proposed Project in
a manner not detrimental to the particular area or to the health, safety and general welfare of the
public.
3) Vehicular and pedestrian access are adequate in that Public Works Staff
determined that a traffic study is not required for the Proposed Project since it does not meet the
minimum threshold of 100 vehicle trips in the a.m. or p.m. peak hours. The City's Traffic Study
Guidelines state that a traffic study is only required when a project's trips generation is expected
to exceed 100 vehicle trips in the a.m. or p.m. peak hours. The Proposed Project would generate
traffic well below this threshold and, therefore, a traffic study was not required. The overall net
increase of 24 new homes would not exceed the City's General Plan, which allows a density of
up to 13 dwelling units per acre.
4) The Proposed Project is consistent with the City's "Guidelines for Small -Lot
Development" in that the proposed development incorporates these guidelines into the project
based on the size of the lots, adequate private yard areas, varied architectural features, and
private streets which include connective sidewalks and parkways.
5) The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area in that the
Proposed Project, with the modifications of certain standards described herein below and under
the conditions imposed, will not adversely affect the adjoining land uses, or the growth and
development of the area in which it is proposed to be located because the lot sizes and widths
proposed are adequate to ensure quality design that is compatible with the adjacent residential
neighborhood and therefore it is not anticipated to adversely affect development of the area.
6) The Proposed Project has been designed to accommodate the required on-site
parking, vehicular circulation, and trash collection and 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. A street deviation was requested by the applicant and approved by
the City Engineer to allow waiver of the parkway and minimum street width for all private
streets within the project site.
7) The impact upon the surrounding area has been mitigated to the maximum extent
practicable in that site development standards proposed for the Proposed Project are consistent
with the development standards of the "RS -4" Single -Family Residential Zone and the Corridor
Residential General Plan designation.
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8) The Proposed Project complies with the General Plan and Subdivision Map Act in
that the City's General Plan Land Use designation allows up to 13 dwelling units per gross acre,
whereas the Proposed Project is 9.03 dwelling units per gross acre. The detached, single-family
small -lot subdivision is compatible with uses that surround the project site. The Proposed
Project is consistent with the site development standards of the "RS -4" Single -Family
Residential Zone; thus, the size and shape of the site proposed for the use is adequate to allow
the full development of the Proposed Project.
9) The granting of the conditional use permit under the conditions imposed, if any,
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 this Planning Commission does hereby
approve Conditional Use Permit No. 2015-05787, contingent upon and subject to (1) the
adoption by the City Council of an ordinance reclassifying the Property within the "RS -4"
Single -Family Residential Zone in accordance with Reclassification No. 2015-00277, (2)
approval of Tentative Tract Map No. 17858, and (3) the conditions of approval set forth in
Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to
be a necessary prerequisite to the proposed use of the Property in order to preserve the health,
safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Code. Timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the condition(s), (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED, that 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.
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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.
". /.. z ?. "�" ---
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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: CALDWELL, DALATI, HENNINGER, LIEBERMAN
NOES: COMMISSIONERS: BOSTWICK, RAMIREZ, SEYMOUR
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
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EXHIBIT "A"
DEV NO. 2015-00002
APN: 071-491-32
071-491-30
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- 5 - PC2016 -011
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05787
(DEV2015-00002)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO THE ISSUANCE OFA GRADING PERMIT
1
The Water Quality Management Plan ("WQMP") for the Project shall
Public Works,
be submitted for review and approved by the Development Services
Division of the Public Works Department. The water quality
Development Services
management plan shall be submitted for review and approval to
Public Works, Development Services.
2
The developer/owner shall submit a set of improvement plans for
Public Utilities —
Public Utilities Department Water Engineering Division review and
approval in determining the conditions necessary for providing water
Water Engineering
service to the project.
3
An all-weather access road, as approved by the Fire Department,
Fire Department
shall be provided during construction.
4
The property owner shall submit project improvement plans that
Public Works,
incorporate the required drainage improvements. No offsite run-off
Development Services
shall be blocked during and after grading operations or perimeter
wall construction.
5
The owner shall demonstrate that coverage has been obtained under
California's General Permit for Stormwater Discharges Associated
Public Works
'
with Construction Activity by providing a copy of the Notice of
Development Services
Intent (NOI) submitted to the State Water Resources Control Board
and a copy of the subsequent notification of the issuance of a Water
Discharge Identification (WDID) Number. The owner 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.
6
Prior to issuance of the grading permit and right-of-way construction
Public Works,
permit for the storm drain, whichever occurs first, a Save Harmless
Development Services
Agreement in -lieu of an Encroachment Agreement is required to be
executed in a form that is satisfactory to and approved by the City
Engineer or his authorized representative and recorded by the
applicant as a lien on the property for any storm drains connecting to
a City storm drain.
- 6 - PC2016 -011
- 7 - PC2016 -011
RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
PRIOR TO THE ISSUANCE OFA BUILDING PERMIT
7
All individual residential units shall have addressing readily readable
from the street, indicating the address of that unit. All addressing
Police Department
shall be free from obstruction and either well lit during hours of
darkness or of a highly contrasting color to its background.
8
All exterior doors shall have adequate security hardware, e.g.
Police Department
deadbolt locks.
9
Wide-angle peepholes or other viewing device shall be designed into
all dwelling -unit front doors and all solid doors where exterior
Police Department
visibility is compromised.
10
Door locks shall be so constructed that both the deadbolt and
deadlocking latch can be retracted by a single action of the inside
doorknob/lever/turn-piece.
Police Department
11
Landscaping shall be of the type and situated in locations to
maximize observation while providing the desired degree of
Police Department
aesthetics.
12
The developer shall post bonds for improvements in the public right-
Public Works,
of -way in an amount and form that is satisfactory to and approved by
the City Engineer or his authorized representative.
Development Services
13
This condition of approval was deleted at the public hearing.
14
The proposed Street A shall have stop control at Ma
p p p Magnolia Avenue.
Public Works,
Building plans shall show a stop sign on the private drive and a stop
Development Services,
bar and legend painted on the street per the latest versions of the City
Traffic Engineering
of Anaheim Engineering Standard Details 434 and 436.
15
The developer shall submit a sewer improvement plan to the Public
Public Works,
Works Department for construction of the private sewer system,
Development Services
which shall be in a form that is satisfactory to and approved by the
City Engineer or his authorized representative. The improvements
shall be constructed prior to final building and zoning inspection. The
sanitary sewers for this development shall be privately maintained.
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
- 7 - PC2016 -011
- 8 - PC2016 -011
RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
16
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
Water Engineering
and alleys. Any backflow assemblies currently installed in a vault
will have to be brought up to current standards. Any other large water
system equipment shall be installed to the satisfaction of the Water
Engineering Division of the Anaheim Public Utilities Department
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 satisfactory to and approved by the Water
Engineering Division and the Cross Connection Control Inspector.
17
All requests for new water services, backflow equipment, or fire
Public Utilities,
lines, as well as any modifications, relocations, or abandonments of
Water Engineering
existing water services, backflow equipment, and fire lines, shall be
coordinated and permitted through Water Engineering Division of the
Anaheim Public Utilities Department.
18
All existing water services and fire services shall conform to current
Public Utilities,
Water Services Standard Specifications. Any water service and/or
Water Engineering
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 owner/developer shall be responsible for the costs
to upgrade or to abandon any water service or fire line.
19
The Owner shall irrevocably offer to dedicate to the City of Anaheim
Public Utilities,
(i) an easement for all large domestic above -ground water meters and
Water Engineering
fire 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 mains and 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 Declaration of Covenants, Conditions and
Restrictions for the project.
- 8 - PC2016 -011
-9- PC2016-011
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
20
The developer/owner shall submit a water system master plan,
Public Utilities,
including a hydraulic distribution network analysis, for Public
Water Engineering
Utilities Water Engineering Division review and approval. The
master plan shall demonstrate the adequacy of the proposed on-site
water system to meet the project's water demands and fire protection
requirements.
21
The developer/owner shall submit to the Public Utilities Department
Public Utilities,
Water Engineering Division an estimate of the maximum fire flow
Water Engineering
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
be done in accordance with Rule No. 15A.6 of the Water Utility
Rates, Rules, and Regulations.
22
Water improvement plans shall be submitted to the Public Utilities
Public Utilities,
Department Water Engineering Division for approval and a
Water Engineering
performance bond in the amount approved by the City Engineer and
form approved by City Attorney shall be posted with the City of
Anaheim.
23
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.
24
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 CC&R's for the project and the City
easement deeds.
25
The following minimum horizontal clearances shall be maintained
Public Utilities,
between proposed water main and other facilities:
Water Engineering
- A 10 -foot minimum separation (outside wall -to -outside wall) from
sanitary sewer mains and laterals shall be provided.
- A 5 -foot minimum separation from all other utilities, including
storm drains, gas, and electric shall be provided.
- A 6 -foot minimum separation from curb face.
26
A minimum of two connections to public water mains and water
Public Utilities,
looping inside the project are required.
Water Engineering
-9- PC2016-011
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
27
No public water main or public water facilities shall be installed in
Public Utilities,
private alleys or paseo areas.
Water Engineering
28
No public water mains or laterals shall be allowed under parking
Public Utilities,
stalls or parking lots or within Street "D" and Street "E". The looping
Water Engineering
public water main shall be installed in Streets "A", "B", and "C". No
wall shall be allowed over the City public water main at the end of
Street "C". The City will consider allowing a wrought iron fence at
the end of Street "C" in lieu of a wall. Water meters for lots on
Streets "D" and "E" shall be installed and banked along Streets "A"
and "B".
29
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
Water Engineering
equals.
PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING
30
Electric system plans, electrical panel drawings, site plans, elevation
Public Utilities,
plans, and related technical drawings and specifications shall be
Electrical Engineering
submitted to the Electrical Engineering Division of the Public
Utilities Department to establish electrical service.
PRIOR TO THE FINAL MAP APPROVAL
31
The Lot Line Adjustment (LLA -0000738) shall be approved and
Public Works,
recorded to adjust the line between Parcel 1 or Certificate of
Development Services
Compliance 2004-00054 and the retail center property.
32
The legal property owner shall post a security and execute a
Public Works,
Subdivision Agreement to complete the required public
Development Services
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.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
33
Prior to commencement of structural framing, fire hydrants shall be
Fire Department
installed and charged as required and approved by the Fire
Department. Fire hydrants shall meet minimum Fire Department
Specifications and Requirements for spacing, distance to structure
and available fire flow.
34
An automatic fire sprinkler system shall be designed, installed and
Fire Department
IL
maintained as required by the Fire Department.
-10- PC2016 -011
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
35
The developer shall submit a request for street names for the private
Public Works,
streets. The street names must be approved by the Planning Division
Development Services
and placed on the final map.
36
The developer shall submit street improvement plans to the Public
Public Works,
Works department to construct a 5 -foot wide sidewalk adjacent to the
Development Services
right-of-way line, in conformance to Public Works standard detail no.
110-E, install landscape and irrigation between the sidewalks and
curb on Magnolia Street. Remove and replace any damaged existing
curb, gutter, and sidewalk. Existing pavement restoration and trench
replacement in Magnolia shall be in conformance to Public Works
standard detail no. 132-C. The improvements shall be constructed
prior to final building and zoning inspection.
37
A maintenance covenant shall be submitted to the Subdivision
Public Works,
Section and approved by the City Attorney's office. The covenant
Development Services
shall include provisions for maintenance of private facilities such as
private sewer, private street, 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 North
Magnolia Street, the private street name sign and the Private Street.
The covenant shall be recorded concurrently with the final map.
38
Demonstrate that all structural BMPs described in the Project WQMP
Public Works,
have been constructed and installed in conformance with approved
Development Services
plans and specifications.
Demonstrate that the applicant is prepared to implement all non-
structural BMPs described in the Project WQMP.
Demonstrate that an adequate number of copies of the approved
Projects WQMP are available onsite. Submit for review and approval
by the City an Operation and Maintenance Plan for all structural
BMPs.
39
The developer shall construct private streets in conformance with
Public Works,
City of Anaheim standard 162 and the approved deviation from the
City Engineer.
Development Services
40
Fire lanes or no parking zones shall be posted with "No Parking Any
Public Works,
Time." Said information shall be specifically shown on plans
Development Services
submitted for building permits.
41
The proposed "Street A" shall have stop control at Magnolia Avenue.
Public Works,
Building plans shall show a stop sign on the private drive and a stop
bar and legend painted on the street per the latest versions of the City
Development Services
of Anaheim Engineering Standard Details 434 and 436.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
42
Vehicle gates shall not be installed across Private Street "A" project
Public Works,
entry without providing a vehicle turnaround area to the satisfaction
of the City Standard Details and the City Engineer.
Development Services
43
All required public improvements shall be completed and operational
Public Works,
and submitted for approval to the Construction Services Division
Development Services
Inspector.
44
All required WQMP improvements shall be operational and verified
Public Works,
by the Construction Services Division Inspector and the
Development Services
Development Services Division.
45
All sidewalks shall be ADA compliant.
Public Works,
Development Services
46
All required street, landscaping, irrigation, sewer and drainage
Public Works,
improvements shall be constructed prior to final building and zoning
inspections and are subject to review and approval by the
Construction Services
Construction Services inspector.
GENERAL
47
Lot 25 shall not exceed 35 feet/2 stories.
Planning Department
48
Emergency vehicular access shall be provided and maintained in
Fire Department
accordance with Fire Department Specifications and Requirements.
49
Vehicle gates shall not be installed across the project driveway without
Public Works,
providing a vehicle turnaround area to the satisfaction of City
Development Services,
Standards and the City Engineer.
Traffic Engineering
50
Conditions of approval related to each of the timing milestones above
Planning Department
shall be prominently displayed on plans submitted for permits. For
example, conditions of approval that are required to be complied with
prior to the 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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
51
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department
and its officials, officers, employees and agents (collectively referred
to individually and collectively as "Indemnitees") from any and all
claims, actions or proceedings brought against Indemnitees to attack,
review, set aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection with
such proceeding.
52
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits
Planning Department
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.
53
The property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the applicant
and which plans are on file with the Planning Department.
Planning Department
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