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RES-2016-037RESOLUTION NO. 2016-037 A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING CONDITIONAL USE PERMIT NO. 2015-05780. (DEV2014-00095) (1110-1116 NORTH ANAHEIM BOULEVARD AND 115-125 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for (i) Conditional Use Permit No. 2015-05780 to construct 162 single-family attached condominium units and 922 square feet of commercial space (the "Project") with modified development standards for that certain real property located at 1110-1116 North Anaheim Boulevard and 115-125 West La Palma 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 is approximately 7 acres in size and is located in the "I" Industrial Zone, which is a zone under the Zoning Code that "provide[s] for and encourage[s] the development of industrial uses and their related facilities, recognize[s] the unique and valuable existing industrial land resources, and encourage[s] industrial employment opportunities within the City", and also in the "CG" General Commercial Zone, which is a zone under the Zoning Code that "allow[s] a variety of land uses including some identified for the Neighborhood Center Commercial Zone ...." The Property is designated on the Land Use Element of the General Plan for "Mixed Use" and "Open Space" uses; and WHEREAS, Conditional Use Permit No. 2015-05780 is proposed in conjunction with (i) a request to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re -designate those portions of the Property designated thereon as "Open Space" to "Mixed Use" land uses so that the entirety of the Property will be designated for "Mixed Use" land uses, and to amend Figures C-1, C-5, and C-6 of the Circulation Element to remove the right -turn road connector from westbound La Palma Avenue to northbound Anaheim Boulevard, which amendment to the General Plan is designated as "General Plan Amendment No. 2015- 00499", (ii) a request to establish the Mixed Use (MU) Overlay Zone on the Property, which will define the allowable land uses and property development standards for the Property in accordance with Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"), which reclassification is designated as "Reclassification No. 2015-00276", (iii) a request for approval of a tentative tract map to permit a 152 -lot single- family attached residential subdivision of a portion of the Property, which is designated as "Tentative Tract Map No. 17846", and (iv) for approval of a tentative tract map to permit a 10 -lot single-family attached residential subdivision of a portion of the Property, including 922 square feet of commercial space of the Property, which is designated as "Tentative Tract Map No. 17992". General Plan Amendment No. 2015-00499, Reclassification No. 2015-00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, Tentative Tract Map No. 17992 and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, all mixed-use development within the Mixed Use (MU) Overlay Zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .120 of Section 18.32.030 (Uses). Pursuant to subsection .070 of Section 18.32.030 (Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Code, the ground floor of units facing the street are required to be used for commercial uses, which may include the non-residential portion of live/work units; provided, however, that this requirement may be modified by conditional use permit. If approved, Conditional Use Permit No. 2015- 05780 will permit all but one of the ground floor units facing the streets to be residential; and WHEREAS, pursuant to Section 18.32.040 (Site Area and Floor Ratio) of Chapter 18.32 (Mixed Use (MU) Overlay Zone), the minimum density of a mixed use project must be 36 units to the acre, or as determined by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will permit a density of 23 units to the acre; and WHEREAS, pursuant to subsection .020 of Section 18.32.070 (Building Setbacks) of Chapter 18.32 (Mixed Use (MU) Overlay Zone), the setbacks may be determined by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will establish the minimum setback requirements for streets, interior property lines and between buildings; 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. 325") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project. A complete copy of MMP No. 325 is on file and can be viewed in the Planning Services Division of the City; and WHEREAS, on December 14, 2015, the Planning Commission held a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Code, to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project, including Conditional Use Permit No.2015-05780, and to investigate and make findings and recommendations in connection therewith; and 0) WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the Planning Commission considered all factors relating to the Proposed Project, including the Mitigated Negative Declaration and MMP No. 325, and the comments received and the responses prepared, and did adopt its Resolution No. PC20157112 on December 14, 2015, recommending that this City Council find 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 contained in MMP No. 325 and that this City Council approve and adopt the Mitigated Negative Declaration and MMP No. 325; and WHEREAS, by the adoption of its Resolution No. PC2015-109 on December 14, 2015, the Planning Commission recommended that the City Council approve and adopt proposed Conditional Use Permit No. 2015-05780, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No.2015- 00499, (ii) an ordinance authorizing an amendment to the Zoning Map to establish the Mixed Use (MU) Overlay Zone on the Property under Reclassification No. 2015-00276, (iii) a resolution approving Tentative Tract Map No. 17846, and (iv) a resolution approving Tentative Tract Map No. 17992; (2) the mitigation measures set forth in MMP No. 325, and (3) the conditions of approval set forth as Exhibit B to Resolution No. PC2015-109; and WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2015-107, PC2015-108, PC2015-109, PC2015-110, PC2015-111 and PC2015-112, a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the 91h day of February, 2016, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering evidence for and against the Mitigated Negative Declaration, MMP No. 325 and the Proposed Project, and did give notice thereof in the manner and as provided by law; and WHEREAS, on February 9, 2016, the City Council did conduct a public hearing to hear and consider evidence for and against the Mitigated Negative Declaration, MMP No. 325 and the Proposed Project and to investigate and make findings 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 State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this City Council found and determined, among other things, 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. 325 and, accordingly, approved and adopted the Mitigated Negative Declaration and MMP No. 325; and WHEREAS, at said public hearing and pursuant to Subsection .120 of Section 18.32.030 (Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of the Code, this City Council, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of the recommendations of the Planning Commission and all evidence and reports offered at said hearing does hereby find and determine the following facts with respect to Conditional Use Permit No. 2015-05780: 3 1. That the proposed Project is properly one for which a conditional use permit is authorized by this Code; 2. That the proposed uses will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3. That the size and shape of the site proposed for the uses is adequate to allow the full development of the proposed uses, in a manner not detrimental to either the particular area or health and safety; 4. That the traffic generated by the proposed uses will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, this City Council 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 City Council 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 City Council does hereby approve and adopt Conditional Use Permit No. 2015-05780, contingent upon and subject to: (1) the adoption by the City Council of (i) an ordinance authorizing an amendment to the Zoning Map to establish the Mixed Use (MU) Overlay Zone on the Property under Reclassification No. 2015-00276, (ii) a resolution approving Tentative Tract Map No. 17992, and (iii) a resolution approving Tentative Tract Map No. 17846, all of which entitlements are now pending; (2) the mitigation measures set forth in MMP No. 325, 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. /// 11 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9 thday of February , 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MA OR OF HE 6TY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 114623vl/TJR EXHIBIT "A" DEV NO. 2014-00095 8' W LA PALMA AVE 63' 00 so zoo 0 Feet Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05780 (DEV2014-00095) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 AQ -1 The construction contractor(s) shall use equipment that meets the Planning Department, United States Environmental Protection Agency (EPA) Certified Tier 3 Planning Services off-road emissions standards for off-road diesel -powered construction Division equipment greater than 50 horsepower utilized for demolition activities. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine, as defined by California Air Resources Board (CARB) regulations. Prior to construction, the project engineer shall ensure that all construction management plans clearly show the requirement for EPA Tier 3 or higher emissions standards for construction equipment over 50 horsepower used for demolition activities. During construction, the construction contractor shall maintain a list of all operating equipment in use on the project site for verification by the Building Division Official or their designee. The construction equipment list shall state the makes, models, and numbers of construction equipment onsite. Equipment shall be properly serviced and maintained in accordance with the manufacturer's recommendations. Construction contractors shall also ensure that all nonessential idling of all construction equipment is restricted to five minutes or less, in compliance with CARB's Rule 2449. 2 HAZ-1 Prior to issuance of a grading permit, the project Anaheim Fire & Rescue; applicant/developer shall ensure that all soil sample results from ASTM Planning Department, Phase I Environmental Site Assessment and Limited Phase II Planning Services Assessment, La Palma Project, dated December 17, 2014, from Haley & Division Aldrich, are submitted to the appropriate agency (i.e., Orange County Health Care Agency, Department of Toxic Substances and Control, or the Regional Water Quality Board) for review and coordination. With their oversight additional environmental site assessment would be completed and a determination shall be made as to whether a cleanup is required. Cleanup activities would be consistent with all applicable State and local rules, regulations, and laws. A cleanup would not be considered complete until confirmatory samples of soil and/or groundwater reveal levels of contamination below the standards established by the oversight agency. In conjunction with the additional site assessment, a risk assessment may be prepared for the site to determine that there are no human or environmental risks associated with leaving contamination RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT below specific levels in place. Construction in the impacted area shall not proceed until a "no further action" clearance letter or similar determination is issued by the oversight agency and provided to the City of Anaheim, or until a land use covenant is implemented. 3 PALEO-1 Prior to the beginning of ground disturbances, the project Public Works applicant/developer shall retain a qualified paleontologist to monitor Department, ground -disturbing activities that occur in older Quaternary deposits, Development Services which could occur five feet below ground surface. Before ground- Division; disturbing activities begin, a qualified paleontologist shall prepare a planning Department, monitoring plan, specifying the frequency, duration, and methods of monitoring. The paleontologist shall train construction workers Planning Services regarding types of paleontological resources that could be identified in Division the project site sediments. Sediment samples shall be collected and processed to determine the small fossil potential in the project site, and any fossils recovered during mitigation should be deposited in an accredited and permanent scientific institution. 4 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 Department, Harmless agreement in -lieu of an Encroachment Agreement is required Development Services to be executed, approved by the City and recorded by the applicant on Division the property for any storm drains connecting to a City storm drain. The sanitary sewer and storm drains for this development shall be privately maintained. 5 The applicant shall submit to the Public Works Development Services Public Works Division for review and approval a Water Quality Management Plan that Department, conforms with current Orange County Guidelines and Requirements as Development Services well as the City's WQMP Review Checklist. Division 6 That the developer/owner shall submit a set of improvement plans for Public Utilities, Water Public Utilities Department Water Engineering Division review and Engineering Division approval in determining the conditions necessary for providing water service to the project. 7 Prior to final map approval and prior to issuance of a grading permit, the Public Works portions of public right-of-way including "Old Anaheim Blvd" "New Department, Anaheim Blvd" and "Zeyn" within the tentative tract map boundary shall Development Services be abandoned. The legal property owner shall submit an abandonment Division application to Public Works for review. The abandonment will be subject to approval by the Anaheim City Council. PRIOR TO THE ISSUANCE OF B UILDING PERMITS RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 8 TRANS -1 Prior to issuance of building permits, the property Public Works owner/developer shall pay an appropriate fair share to install a traffic Department, Traffic and signal at the intersection of Anaheim Boulevard and Carl Karcher Way. Transportation Division The fair share shall not exceed 60 percent of the total improvement cost, as identified in the Anaheim Boulevard & La Palma Avenue Development Transportation Impact Analysis, Fehr and Peers, July 2015. The City of Anaheim shall identify the timing and funding mechanism for the full traffic signal improvement at the intersection of Anaheim Boulevard and Carl Karcher Way. 9 TRANS -2 Prior to issuance of building permits, the property Public Works owner/developer shall pay an appropriate fair share to add a northbound Department, Traffic and through lane at the intersection of Harbor Boulevard and La Palma Transportation Division Avenue. The fair share shall not exceed 9 percent of the total improvement cost, as identified in the Anaheim Boulevard & La Palma Avenue Development Transportation Impact Analysis, Fehr and Peers, August 2015. The City of Anaheim shall identify the timing and funding mechanism for the full traffic signal improvement at the intersection of Harbor Boulevard and La Palma Avenue. 10 TRANS -3 Prior to issuance of building permits, the project Public Works owner/developer shall coordinate with Orange County Transportation Department, Traffic and Authority (OCTA) and the City of Anaheim to relocate the bus stops on Transportation Division the north and south sides of La Palma Avenue between Anaheim Boulevard East and Anaheim Boulevard West, if deemed necessary. The City of Anaheim and OCTA will identify the timing, specifications, and funding mechanism for this improvement. 11 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 Department, Traffic and labeled on building plans. Transportation Division 12 Plans shall be submitted showing stop control for the northwestern Public Works internal intersection. A stop sign shall be installed and stop legend shall Department, Traffic and be painted on the driveway in the northbound direction at the east/west Transportation Division drive prior to final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. 13 Street improvement plans shall be submitted for all traffic related Public Works improvements adjacent to the project site to the Public Works Department, Traffic and Department, Development Services Division for review and approval. Transportation Division These plans will show both sides of all streets adjacent to the property, including all driveways and utility installations, traffic signal modifications, signing and striping. All improvements shall be installed and completed prior to the first final building and zoning inspection. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 14 A bond shall be posted for all traffic related street improvements, Public Works including, but not limited to, traffic signals, directional signage, striping, Department, Traffic and and median islands as required for said project. All improvements Transportation Division identified as required for the project opening shall be completed prior to final building and zoning inspection. 15 Prior to issuance of building permits, except model homes, all final maps Public Works shall be submitted to and approved by the City of Anaheim and the Department, Orange County Surveyor and then shall be recorded in the Office of the Development Services Orange County Recorder. Division 16 Street improvement plans shall be submitted for the required vehicle sign Public Works bridge mitigation measure, as described in the Traffic Impact Analysis. Department, Traffic and Two sign bridges shall be provided, one on the northbound and one on Transportation Division the southbound Anaheim Blvd approaches to La Palma Ave. The sign bridge shall be designed to the satisfaction of the City Engineer. 17 The applicable Citywide Traffic Impact Fee or Fair Share Contribution, Public Works whichever is greater, shall be paid to the City of Anaheim, in an amount Department, Traffic and established by the City Council Ordinance/Resolution at the issuance of a Transportation Division building permit. The Fair Share Contribution shall be based off the approved Traffic Impact Study. This fee will be used to fund traffic and transportation improvements within the area impacted by this project. 18 That all backflow equipment shall be located above ground outside of the Public Utilities, Water street setback area in a manner fully screened from all public streets and Engineering Division 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 Public Utilities Department 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. 19 That all requests for new water services, backflow equipment, or fire Public Utilities, Water lines, as well as any modifications, relocations, or abandonments of Engineering Division existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 20 All existing water services and fire services shall conform to current Public Utilities, Water Water Services Standard Specifications. Any water service and/or fire Engineering Division 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. NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 21 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 Division 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 Master CC & Rs for the project. 22 That the developer/owner shall submit a water system master plan, Public Utilities, Water including a hydraulic distribution network analysis, for Public Utilities Engineering Division 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. 23 That 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 Division 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. 24 That water improvement plans shall be submitted to the Public Utilities Public Utilities, Water Department Water Engineering Division for approval and a performance Engineering Division bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 25 Fire lanes shall be posted with "No Parking Any Time." Said Public Works information shall be specifically shown on plans submitted for building Department, Traffic and permits. Transportation Division RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 26 All required site WQMP items shall be inspected and operational. Public Works Department, Development Services Division 27 All required public improvements shall be constructed prior to final Public Works building and zoning inspections. Department, Development Services Division ON --GOING DURING PROJECT GRADING, CONSTRUCTIONAND OPERATIONS 28 HAZ-2 Ongoing during project demolition and construction in the event Southern California Air of hazardous waste, including asbestos containing material, is discovered Quality Management during site preparation or construction, the project applicant/developer District; shall ensure that the identified hazardous waste and/or hazardous material are handled and disposed of in the manner specified by the State Public Works of California Hazardous Substances Control Law (Health and Safety Department Code, Division, 20, Chapter 6.5), and according to the requirements of the California Administrative Code, Title 30, Chapter 22. 29 Gates shall not be installed across any of the private streets. Public Works Department, Traffic and Transportation Division 30 The Owner shall be responsible for restoring any special surface Public Utilities, Water improvements, other than asphalt paving, within any right-of-way, Engineering Division 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 GENERAL 31 A minimum of two connections to public water mains and water looping public Utilities, Water inside the project are required. Engineering Division 32 The following minimum horizontal clearances shall be maintained Public Utilities, Water between proposed water main and other facilities: Engineering Division • 10 -feet minimum separation (outside wall -to -outside wall) from sanitary sewer mains and laterals IL • 5 -feet minimum separation from all other utilities, including NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT storm drains, gas, and electric • 6 -feet minimum separation from curb face 33 No public water main or public water facilities shall be installed in Public Utilities, Water private alleys or paseo areas. Engineering Division 34 No public water mains or laterals allowed under parking stalls or parking public Utilities, Water lots. Engineering Division 35 All fire services 2 -inch and smaller shall be metered with a UL listed Public Utilities, Water meter, Hersey Residential Fire Meter with Translator Register, no equals. Engineering Division 36 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. 37 Conditions of approval related to each of the timing milestones above Planning Department, shall be prominently displayed on plans submitted for permits. For Planning Services example, conditions of approval that are required to be complied with Division 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. 38 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. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 39 The Applicant shall defend, indemnify, and hold harmless the City and its Planning Department, 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.