Resolution-PC 2016-016RESOLUTION NO. PC2016-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2015-05829, VARIANCE NO. 2015-05050 AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015 -00110)
(2585 WEST LA PALMA 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.
2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123
to permit (i) the construction of a new service station and convenience market; (ii) a variance to
allow reduced front setbacks and less parking spaces than required by code; and (iii) an
associated determination of "Public Convenience or Necessity" to permit the sale of beer and
wine from the convenience market for off -premises consumption at that certain real property
located at 2585 West La Palma Avenue in the City of Anaheim, County of Orange, State of
California, as generally depicted on Exhibit A attached hereto and incorporated herein by this
reference (the "Property"); and
WHEREAS, the Property is currently developed with a service station containing two
covered pump islands and a convenience market and is located in the "I" Industrial Zone. The
Land Use Element of the Anaheim General Plan designates this Property for "General
Commercial" land uses; and
WHEREAS, all development within the "I" Industrial Zone is subject to the provisions of
Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) 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. 2015-05829 is proposed in conjunction with
Reclassification No. 2015-00287, which is a request to rezone or reclassify the Property from the
"I" Industrial Zone to the "C -G" Commercial General Zone and would upon approval thereof
apply the zoning and development standards of the "C -G" Commercial General Zone to the
Property. The development comprising Reclassification No. 2015 -00287, Conditional Use
Permit No. 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No.
2016-00123 shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, notice of a public hearing to be held on January 25, 2016 before the
Planning Commission was duly given as required by law and in accordance with the provisions
of Chapter 18.60 (Procedures) of the Code to hear and consider evidence for and against
proposed Conditional Use Permit 2015-05829, Variance No. 2015-05050, and Public
Convenience or Necessity No. 2016-00123 and to investigate and make findings and
recommendations in connection therewith. The public hearing was continued by the Planning
Commission to February 8, 2016 at 5:00 p.m. at the Civic Center in the City of Anaheim, at
which time the Planning Commission did hold a public hearing to hear and consider evidence for
and against proposed Conditional Use Permit 2015-05829, Variance No. 2015-05050, and Public
- 1 - PC2016-016
Convenience or Necessity No. 2016-00123 to investigate and make findings and
recommendations in connection therewith; 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
WHEREAS, this Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request for Conditional Use Permit 2015-05829, does find and
determine the following:
1) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code in that the Zoning Code allows a service station and convenience
market to be constructed with off-site beer and wine sales in the General Commercial (C -G)
Zone subject to a conditional use permit pursuant to Section 18.08.030.;
2) That the proposed use will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located in that the new 76 gas
station and 7 -Eleven convenience market will replace an existing 76 gas station and convenience
market and the new buildings or structures of the Proposed 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) That 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 either the particular area or
health and safety in that 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, in that the design proposed is adequate to ensure maneuverability that is
compatible with the adjacent service station and commercial uses and therefore it is not
anticipated to adversely affect development of the area.
4) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
street.; 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 in that
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 "C -G" General Commercial and the General Commercial General
Plan designation.
- 2 - PC2016-016
WHEREAS, based upon the request letter submitted by the applicant and observations
made by staff, the Planning Commission does further find and determine that the request for
Variance No. 2015-05050 for less parking than required by Code should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(15 spaces required; 9 spaces proposed)
1. The variance for the Property, under the conditions imposed, will provide
sufficient parking on-site in that many of the convenience store patrons fill their vehicles with
gas while parked at the fuel pump and enter the store while the vehicle is fueling. Therefore the
number of spaces provided onsite would equate to 21 parking spaces with the inclusion of the
fueling pump spaces. This provides more than the number of spaces necessary to accommodate
all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable
conditions of operation of such uses;
2. The variance for the Property, under the conditions imposed, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use because the on-site parking will adequately accommodate the peak parking
demands of all combined uses on the site;
3. The variance for the Property, under the conditions imposed, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the Property because the on-site parking with the fueling pump spaces considered,
will adequately accommodate peak parking demands of all uses on the site;
4. The variance for the Property, under the conditions imposed, will not increase
traffic congestion within the off-street parking areas or lots provided for the Property because the
Property provides adequate ingress and egress points, which are designed to allow for adequate
on-site circulation; and
5. The variance for the Property, under the conditions imposed, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the Property because the Property has existing ingress or egress access points that are
designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
Property.
WHEREAS, based upon the request letter submitted by the applicant and observations
made by staff, the Planning Commission does further find and determine that the request for
Variance No. 2015-05050 for reduced landscape setbacks should be approved for the following
reasons:
SECTION NO. 18.08.060.010.0101 Minimum landscaped setback.
(15 feet required; 10 feet proposed)
- 3 - PC2016-016
I . That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity of the Proposed Project. The subject property has a width and depth
of 150 feet, and a lot area of 0.51 acres, while all other lots in the immediate vicinity have much
larger lot widths and sizes, including the service station across Magnolia Avenue to the west
which has a lot depth of 230 feet and a lot area of 0.92 acres. In addition, the service station and
convenience store are designed in a manner that is sensitive to the adjacent properties by
providing a reasonable front landscape setback with significantly more landscaping than what
exists on the site currently.
2. That, because of these special circumstances, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under the identical zoning
classification in the vicinity because this lot size is smaller than other surrounding C -G zoned
properties in the vicinity. This makes it difficult to meet all of the development standards while
providing adequate setbacks for the proposed service station.
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request for a determination of Public Convenience or Necessity
No. 2016-00123, does find and determine the following facts:
1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilities to the Planning Commission relating to the
determination of "Public Convenience or Necessity" on those certain applications requiring
that such determination be made by the local governing body pursuant to applicable
provisions of the Business and Professions Code, and prior to the issuance of a license by the
Department of Alcoholic Beverage Control ("ABC").
2. Section 23958 of the Business and Professions Code provides that the ABC shall
deny an application for a license if issuance of that license would tend to create a law
enforcement problem, or if issuance would result in or add to an "undue concentration" of
licenses, except when an applicant has demonstrated that "public convenience or necessity"
would be served by the issuance of a license. For purposes of Section 23958, "undue
concentration" means the case in which the premises are located in an area where any of the
following conditions exist:
(a) The premises are located within crime reporting district 1418 which is below in
"reported crimes" (as defined in Section 23958.4) than the average number of
reported crimes as determined from all crime reporting districts within the City of
Anaheim.
(b) As to on -sale retail license applications, the ratio of on -sale retail licenses to
population in the census tract or census division in which the premises are located
exceeds the ratio of on -sale retail licenses to population in the county.
(c) As to off -sale retail license applications, the ratio of off -sale retail licenses to
population in the census tract or census division in which the premises are located
exceeds the ratio of off -sale retail licenses to population in the county.
- 4 - PC2016-016
3. Notwithstanding the existence of the above -referenced conditions, ABC may
issue a license if the Planning Commission determines that the "public convenience or
necessity" would be served by the issuance.
4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to
make recommendations related to determinations of "public convenience or necessity"; and,
when the sale of alcoholic beverages for off -premises consumption is permitted by the Code,
said recommendations shall take the form of conditions of approval to be imposed on the
determination in order to ensure that the sale and consumption of alcoholic beverages does
not adversely affect any adjoining land use or the growth and development of the
surrounding area.
5. The Property is located within Census Tract 868.01 with a population of 3,267
that allows for one (1) off -sale license and six (6) presently exist within the census tract. The
Property is located in Police Reporting District No. 1418, which has a crime rate that is
below the City-wide average. The Police Department evaluates these requests based on the
crime rate within a one-quarter mile radius of the premises for the subject site. The crime
rate within '/ mile of this Property is 102% above the City-wide average based upon calls for
service. Since the census tract is over concentrated, a determination of "public convenience
or necessity" is required to be made for this request.
6. A determination of "public convenience or necessity" can be made based on the
finding that the requested license, under the conditions imposed, will not be detrimental to
the health and safety of the citizens of the City of Anaheim because the applicant has been
conditioned to follow a comprehensive Sale of Alcoholic Beverages Policy and ID Training
Resource Guide and conduct alcohol sales training programs for employees. In addition, the
store has implemented several measures to deter crime and further ensure that alcohol will
not create a nuisance for the surrounding area. These measures include a well -lit parking lot,
state of the art cash registers that automatically require proper identification when alcoholic
beverages are purchased, and strategically placed security cameras. Therefore, the sale of
alcoholic beverages, with recommended conditions of approval relating to security measures
would serve a public convenience and will be compatible with the surrounding area.
7. The use is not anticipated to adversely affect adjoining land uses or the growth
and development of the area in that it will provide beer and wine in an off-site capacity to
serve the local residents and would serve as an added convenience to residents and visitors to
the area who choose to shop at this establishment.
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.
- 5 - PC2016-016
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2015-05829, Variance No. 2015-05050, and Public
Convenience or Necessity No. 2016-00123 contingent upon and subject to the adoption by the
City Council of an ordinance reclassifying the Property within the "C -G" General Commercial
Zone in accordance with Reclassification No. 2015-00287, 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 8, 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.
*CHf,P4LA4NNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2016-016
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 February 8, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: DALATI
2016.
IN WITNESS WHEREOF, I have hereunto set my hand this 81h day of February,
- ZAEO--��
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 7 - PC2016-016
EXHIBIT "A"
DEV NO. 2015-00110
APN: 071-521-12
W
Q
Q
J
0
Z
CQ
G
Z
W LA PALMA AVE
C 50 100 Source: Recorded Tract Maps and/or City GIS.
Ulf Feet Please note the accuracy is +/- two to five feet.
- 8 - PC2016-016
—1/�I�—PAt-M A
150'
� O
145'
- 8 - PC2016-016
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05829,
VARIANCE NO. 2015-05050,
AND PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123
(DEV2015 -00110)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
1
Building plans shall show conformance with the current version of
Public Works,
Engineering Standard Details 402, 436, 470, and 471 pertaining to
Development Services
parking standards. Subject property shall thereupon be developed
and maintained in conformance with said plans.
2
Building Plans shall show conformance with the current version of
Public Works,
Caltrans Standard Plan A90A as it relates to accessible parking stall
Development Services
design, striping, and required signage. Subject property shall
thereupon be developed and maintained in conformance with said
plans.
PRIOR TO THE ISSUANCE OFA BUILDING PERMIT
3
The project final WQMP shall be submitted for review and approval
Public Works,
and approved by the development services department of public
Development Services
works.
4
That prior to the issuance of the first building permit, street
Public Works,
improvement plans shall be submitted for all traffic related
Development Services
improvements adjacent to the project site to the Public Works
Department, Development Services Division for review and
approval. These plans will show both sides of all streets and alleys
adjacent to the property, including all driveways and utility
installations, signing and striping. All improvements shall be
installed and completed prior to the first final building and zoning
inspection.
5
That prior to issuance of building permits, a bond shall be posted for
Public Works,
all traffic related street improvements, including, but not limited to,
Development Services
directional signage, striping, and median islands as required for said
project. All improvements identified as required for the project
opening shall be completed prior to final building and zoning
inspection.
6
The developer shall post bonds for improvements in the public -right-
Public Works,
of way as approved by the City of Anaheim.
Development Services
- 9 - PC2016-016
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
7
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, approved by the City and recorded by the applicant on the
property for any storm drains connecting to a City storm drain.
OPERATIONAL CONDITIONS
8
No display of alcoholic beverages shall be located outside of a
Police Department
building or within five (5) feet of any public entrance to the building.
9
There shall be no exterior advertising or sign of any kind or type,
including advertising directed Police Department to the exterior from
Police Department
within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are
clearly visible to the exterior shall constitute a violation of this
condition.
10
The area of alcoholic beverage displays shall not exceed 25% of the
total display area in a building.
Police Department
11
Sale of alcoholic beverages shall be made to customers only when the
Police Department
customer is in the building.
12
The possession of alcoholic beverages in open containers and the
Police Department
consumption of alcoholic beverages are prohibited on or around these
premises.
13
Any Graffiti painted or marked upon the premises or on any adjacent
Police Department
area under the control of the Police Department licensee shall be
removed or painted over within 24 hours of being applied.
14
Petitioner(s) shall police the area under their control in an effort to
Police Department
prevent the loitering of persons around the premises.
15
There shall be no amusement machines, video game devices, or pool
Police Department
tables maintained upon the premises at any time.
- 10 - PC2016-016
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
16
The Petitioner(s) shall post and maintain a professional quality sign
Police Department
facing the premises Police Department parking lot(s) that reads as
follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block
lettering. The sign shall be in English and Spanish.
17
Loitering is prohibited on or around these premises or this area under
Police Department
the control of the licensee(s).
18
The petitioner(s) shall be responsible for maintaining free of litter the
Police Department
area adjacent to the premises over which they have control, as
depicted.
19
Managers I Owners need to call the Department of Alcoholic
Police Department
Beverage Control and obtain LEAD Police Department (Licensee
Education on Alcohol and Drugs Program) Training for themselves
and register employees. The contact number is 714-558-4101.
20
The parking lot of the premises shall be equipped with lighting of
Police Department
sufficient power to illuminate and Police Department make easily
discernible the appearance and conduct of all persons on or about the
parking lot. Additionally, the position of such lighting shall not
disturb the normal privacy and use of any neighboring residences.
21
Security measures shall be provided to the satisfaction of the
Police Department
Anaheim Police Department and to prevent disturbances to the
neighborhood by excessive noise created by patrons entering or
leaving the premises.
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
22
Owner shall install an approved backflow prevention assembly on the
Public Utilities,
water service connection(s) serving the property, behind property line
Water Engineering
and building setback in accordance with Public Utilities Department
Water Engineering Division requirements.
23
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities,
meter, Hershey Residential Fire Meter with Translator Register, no
Water Engineering
equals.
24
That the developer/owner shall submit a set of improvement plans for
Public Utilities,
Public Utilities Water Engineering review and approval in
Water Engineering
determining the conditions necessary for providing water service to
the project.
- 11 - PC2016-016
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
25
That a private water system with separate water service for fire
Public Utilities,
protection and domestic water shall be provided and shown on plans
Water Engineering
submitted to the Water Engineering Division of the Anaheim Public
Utilities Department.
26
That all backflow equipment shall be located above ground outside of
Public Utilities,
the street setback area in a manner fully screened from all public
Water Engineering
streets and alleys. Any back flow 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
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.
27
That 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.
28
That all existing water services and fire services shall conform to
Public Utilities,
current Water Services Standards Specifications. Any water service
Water Engineering
and/or fire line that does not meet current standards shall be upgraded
if continued use if necessary or abandoned if the existing service is
no longer needed. The owner/developer shall be responsible for the
costs to upgrade or to abandon any water service or fire line.
29
That water improvement plans shall be submitted to the Water
Public Utilities,
Engineering Division for approval and a performance bond in the
Water Engineering
amount approved by the City Engineer and form approved by City
Attorney shall be posted with the City of Anaheim.
30
That individual water service and/or fire line connections will be
Public Utilities,
required for each parcel or residential, commercial, industrial unit per
Water Engineering
Rule 18 of the City of Anaheim's Water Rates, Rules and
Regulations.
31
The existing backflow prevention devices serving the property are
Public Utilities,
substandard and must be replaced per Public Utilities Department
Water Engineering
Water Engineering Division requirements.
PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING
32
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to
establish electrical service requirements and submit electric system
Electrical Engineering
plans, electrical panel drawings, site plans, elevation plans, and
related technical drawings and specifications.
- 12 - PC2016-016
- 13 - PC2016-016
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
33
Prior to connection of electrical service, the legal owner shall provide
Public Utilities,
to the City of Anaheim a Public Utilities easement with dimensions
as shown on the approved utility service plan.
Electrical Engineering
34
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
35
The developer shall submit street improvement plans to the Public
Public Works,
Works department to construct all work in the right of way in
Development Services
conformance to Public Works standards. The improvements shall be
constructed prior to final building and zoning inspection.
36
That prior to final building and zoning inspection, fire lanes or no
Public Works,
parking zones shall be posted with "No Parking Any Time." Said
Development Services
information shall be specifically shown on plans submitted for
building permits.
37
All required WQMP improvements shall be operational and verified
Public Works,
by the Construction Services Division Inspector and the
Development Services
Development Services Division.
38
All required Public Improvements shall be completed and operational
Public Works,
and submitted for approval to the Construction Services Division
Development Services
Inspector.
GENERAL
39
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.
- 13 - PC2016-016
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
40
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
Planning Department
issuance of the final invoice or prior to the issuance of building permits
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
41
The property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the applicant
Planning Department
and which plans are on file with the Planning Department.
-14- PC2016-016