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Resolution-PC 2016-038RESOLUTION NO. PC2016-038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2012-05650 AND VARIANCE NO. 2013-04957 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012-00053A) (1952 WEST LA PALMA AVENUE AND 934-950 NORTH KEYSTONE STREET) WHEREAS, on March 9, 1967, and subject to certain conditions of approval, the Anaheim Planning Commission (hereinafter referred to as the "Planning Commission"), by its Resolution No. PC67-42, did approve Conditional Use Permit No. 922 to permit the expansion of an existing private school on that certain real property located at 1952 West La Palma Avenue and 934-954 North Keystone Street in the City of Anaheim, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, on September 8, 1988, the Anaheim Zoning Administrator, by its Resolution No. ZA88-53, approved Variance No. 3833 to permit an existing patio cover with waiver of minimum structural setback; and WHEREAS, on March 4, 1996, the Planning Commission, by its Resolution No. PC96- 30, approved Conditional Use Permit No. 3824 to permit a baseball storage room at an existing private high school; and WHEREAS, on November 25, 1996, the Planning Commission, by its Resolution No. PC96-119, approved Conditional Use Permit No. 3880 to permit a new 2 -story classroom addition and remodel an existing classroom building in conjunction with an existing private school with waivers of maximum structural height and minimum number of parking spaces. On September 23, 2002, the Planning Commission, by its Resolution No. PC2002-142, approved an amendment to this permit to construct a new parking lot on two adjoining single family residential zoned lots; and WHEREAS, on October 11, 1999, the Planning Commission, by its Resolution No. PC99-181, approved Conditional Use Permit No. 4154 to permit a freestanding electronic readerboard sign in conjunction with an existing private high school; and WHEREAS, on June 26, 2006, the Planning Commission, by its Resolution No. PC2006- 60, approved Conditional Use Permit No. 2006-05104 to permit two modular classroom buildings in conjunction with the existing private high school. On August 20, 2007, the Planning Commission, by its Resolution No. PC2007-101, approved an amendment to this permit to permit an additional modular classroom building; and WHEREAS, on February 10, 2014, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2014-018, approved Conditional Use Permit No. 2012-05104 and Variance No. 2013-04957 (the "Original CUP") to retain an existing student enrollment that is higher than permitted under previous entitlements and to expand the existing Servite High School campus to include the demolition of four single family homes, construction of a new aquatics center and parking lot, reorientation of the existing baseball field with 30- - 1 - PC2016-038 foot high fencing and 10 -foot high block walls, relocation of the music and weight room buildings, replacement lighting for the track and football field, and consolidation of the five parcels along Keystone Street into the main school campus property and Variance No. 2013- 04957 to permit a reduced front yard setback along Keystone Street, fencing that is higher than permitted by the Anaheim Municipal Code (the "Code"), and less parking than required by the Code at subject Property, pursuant to Section 18.60.190 of the Code for the Property. The conditions of approval which were the subject of the Original CUP and Variance No. 2013- 04957 shall be referred to herein as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to approve an amendment to the Original CUP and Variance No. 2013-04957, designated as "Conditional Use Permit No. 2012-05650A" and "Variance No.2013-04957", respectively, to modify plans for a proposed aquatic center on four residential lots on the west side of the Servite High School campus with a side yard setback less than permitted by the Code at the subject Property, pursuant to Section 18.60.190 of the Code for the Property (herein referred to as the "Proposed Project"); and WHEREAS, the Property is approximately 15.3 -acres in size and is developed with the Servite High School campus. The four properties on Keystone Street to be consolidated into the campus are developed with three single family homes and a vacant parcel. The zoning for the high school property is "T" Transition. The four residential parcels are zoned "RS -2" Single Family Residential. The General Plan designates the school property for School land uses and the five residential properties for Low Density Residential land uses, which zoning permits school uses. As such, the Property is subject to the zoning and development standards described in Chapter 18.04 (Single Family Residential Zone) of the Code; and WHEREAS, on May 16, 2016, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by Resolution No. 95R-134 and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against the proposed Conditional Use Permit No. 2012-05650A and Variance No. 2013-04957A, and to investigate and make findings and recommendations in connection therewith; 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, and because the Initial Study identified potentially significant impacts, a Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of project which was the subject of the Original CUP and Variance No. 2013-04957. in connection with the school expansion project in 2014. A complete copy of the Initial Study and MND is on file and can be viewed in the City's Planning Department and is also available for purchase; and - 2 - PC2016-038 WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Program ("MMP") was prepared for the Project that was the subject of the MND and includes mitigation measures that are specific to the Original CUP and Variance No. 2013-04957; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 16, 2016 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony concerning the contents and sufficiency of the MND and for and against the proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, to the extent authorized by law, the Planning Commission desires and intends to use the MND as the environmental documentation required by CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; and WHEREAS, the Planning Commission, pursuant to the above findings and based upon a thorough review of the MND and the MMP, and the evidence received to date, does find and determine that the MND is all that is necessary in connection with the Proposed Project and its approval and that none of the conditions set forth in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental negative declaration have occurred; and 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 pertaining to the request for Conditional Use Permit No. 2012-05650A, does find and determine the following facts: 1. The request to permit the proposed Project is properly one for which a conditional use permit is authorized under subsection .010 of Section 18.04.030 (Educational Institutions— General) of the Code. 2. The proposed Project will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the Proposed Project has been designed to be compatible with surrounding residential uses and mitigation measures have been included to reduce or eliminate and potential adverse impacts. 3. The size and shape of the site for the proposed Project 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 because the site can accommodate the parking, traffic, and circulation without creating detrimental effects on adjacent properties. 4. 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 because the vehicular circulation is designed to minimize impacts on the surrounding properties. 5. The granting of Conditional Use Permit No. 2012-05650A under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. - 3 - PC2016-038 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 pertaining to the request for Variance No. 2013-04957A for a reduced side yard, does find and determine the following facts: SECTION NO. 18.04.100.010 Minimum side yard setback. (5 feet required; 0 feet proposed) 1. There are special circumstances applicable to the Property, including size, shape, topography, location or surroundings, which do not apply to other property under the identical zoning classification in the vicinity because unique circumstances apply to the properties along Keystone Street. These properties are unique in that the RS -2 zone development standards, including the applicable setback and fence height requirements, are intended to address the development of residential structures. These residential standards limit the applicant's ability to build a standard sized Olympic pool and ancillary pool building with locker rooms, restrooms, equipment rooms, and storage. Although encroaching into a required setback area, the height of the pool building wall will buffer the noise from the aquatic center to the surrounding neighborhood. 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 the school use is unique among other RS -2 zoned properties in the vicinity. This makes it difficult to meet all of the development standards while providing adequate setbacks for the proposed use. Compliance with the required minimum side setback would also further reduce the size of the pool below Olympic -size standards and limit the size of ancillary pool building uses. WHEREAS, the 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. The 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 the Planning Commission does hereby approve Conditional Use Permit No. 2012-05650A and Variance No. 2013-04957A contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (the "Revised Conditions of Approval"). - 4 - PC2016-038 BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP and Conditional Use Permit No. 2012-05650A and for Variance No. 2013-04957 and Variance No. 2013-04957A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 2012-05650A, and Variance No. 2013-04957, as amended by Variance No. 2013-04957A. BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to the uses permitted under Conditional Use Permit No. 2012-05650A and Variance No. 2013- 04957A 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 that relate to the uses permitted under Conditional Use Permit No. 2012-05650A and Variance No. 2013-04957A 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, (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 Conditional Use Permit No. 2012-05650A and Variance No. 2013-04957A are approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that approval Conditional Use Permit No. 2012-05650A and Variance No. 2013-04957A constitutes approval of the proposed request only to the extent that they comply with the Zoning Code of the City of Anaheim and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 5 - PC2016-038 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 16, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. CH , 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 May 16, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: LIEBERMAN ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-038 EXHIBIT "A" DEV NO. 2012-00053A / APN: 072-131-01 072-463-03 072-463-04 072-463-05 UAv 072-463-06 W LA PALMA AVE 662' b W W DOGWOOD AVE W DOGWOOD AVE 125' W C 4. ~ Q N_ O_ � } ~ ~ 3 W 126' v a O 'S U Y Z w 634' W CATALPA AVE I11I.-Hi Ell i W GLENOAKS AVE (TT� 0 50 Source: Recorded Tract Maps and/or City GIS. f Feet Please note the accuracy is +/- two to five feet. - 7 - PC2016-038 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2012-05650A AND VARIANCE NO. 2013-04957A (DEV2012-00053A) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OFA BUILDING PERMIT 1 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to establish Electrical electrical service requirements and submit electric system plans, electrical Engineering Division panel drawings, site plans, elevation plans, and related technical drawings and specifications. 2 Prior to connection of electrical service, the legal owner shall provide to Public Utilities, the City of Anaheim a Public Utilities easement with dimensions as Electrical shown on the approved utility service plan. Engineering Division 3 The owner shall submit detailed lighting plans demonstrating light levels Planning Department (horizontal and vertical) along adjacent residential property lines. Light levels that exceed 2.0 footcandles at any portion of a residential property line shall trigger the following offers: • Servite High School shall provide an offer to fund blinds, shutters or other means acceptable to the homeowners to block spillover light from entering ballfield-facing windows. This offer shall be made to the homeowners 60 days prior to and payment made at least 30 days prior to the first lighting of the field. A homeowner's refusal to accept payment shall not be considered Servite's failure to accomplish this mitigation requirement. Any written documentation pertaining to this mitigation measure shall be provided to the Planning Department. • The mitigation payment shall not exceed $2,000 per impacted residences. • This mitigation applies to the following addresses, or as revised pursuant to the final lighting plans: 930, 924, 920, 914 and 910 N. Keystone and 1939 W. Catalpa Avenue. • After initial completion, each luminaire and shields affixed on the pole shall be situated and adjusted so that lighting levels on residential property lines are minimized and are compliance with the final detailed lighting plans submitted to the City. After the appropriate burn -in time for the lights, Servite High School shall take measurements to confirm these levels have been achieved and submit same to the Planning Department. MM Aesthetics 1 4 Servite High School shall program evening use of the aquatic center and Planning Department baseball field so that lights are turned off by 7:00 p.m. and 9:30 p.m., - 8 - PC2016-038 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT respectively, consistent with the Event Management Plan. 5 Prior to issuance of each grading permit, the property owner/developer Planning Department shall submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: • The archaeologist must be present at the pre -grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. • Specimens that are collected prior to or during the grading process will be donated to the Cooper Center at California State University Fullerton. • Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. • A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. MM Cultural Resources 2 6 Prior to issuance of each grading permit, the property owner/developer Planning Department shall submit a letter identifying the certified paleontologist that has been hired to ensure that the following actions are implemented: • The paleontologist must be present at the pre -grading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. • Specimens that are collected prior to or during the grading process will be donated to the Cooper Center at California State University Fullerton. • Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. MM Cultural Resources 3 - 9 - PC2016-038 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The building shall be equipped with an alarm system (silent or audible). Police Department 8 Any necessary address numbers shall be positioned so as to be readily Police Department readable from the street. Numbers should be visible during hours of darkness. 9 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, Police Department and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 10 The rear doors of the premises shall be numbered with the same address Police Department numbers or suite number of the business. Minimum height of 4 inches is recommended. 11 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 12 All backflow equipment shall be located above ground outside of the Public Utilities street setback area in a manner fully screened from all public streets and Department, Water alleys. Any backflow assemblies currently installed in a vault will have Engineering Division to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 13 All requests for new water services, backflow equipment, or fire lines, Public Utilities as well as any modifications, relocations, or abandonments of existing Department, Water water services, backflow equipment, and fire lines, shall be coordinated Engineering Division and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 14 This is a project with a landscaping area exceeding 2,500 square feet. A Public Utilities Landscape Documentation Package and a Certification of Completion Department, Water are required and a separate irrigation meter shall be installed in Engineering Division compliance with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 6160 relating to landscape water efficiency. 15 All existing water services and fire services shall conform to current Public Utilities Water Services Standards Specifications. Any water service and/or fire Department, Water line that does not meet current standards shall be upgraded if continued Engineering Division 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. - 10 - PC2016-038 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 The owner shall irrevocably offer to dedicate to the City (i) an easement Public Utilities for all large domestic above ground water meters and fire hydrants, Department, Water including a five foot wide easement around the fire hydrant and/or water Engineering Division meter pad, (ii) a twenty foot wide easement for all water service laterals to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division'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 other 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. 17 The owner shall submit to the Water Engineering Division an estimate of Public Utilities the maximum fire flow rate and maximum day and peak hour demands for Department, Water the project. This information will be used to determine the adequacy of Engineering Division 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. 18 The existing 4 -inch backflow prevention device on the 4 -inch water meter Public Utilities and the existing 4 -inch backflow on the 4 -inch service serving the Department, Water property are substandard and shall be replaced. Engineering Division 19 Unless the owner intends to use them, the owner shall abandon all Public Utilities existing water services to address 934-954 N. Keystone Street at the City Department, Water main per City standards. Engineering Division 20 There exists a capped municipal water well approximately five feet below Public Utilities the finished surface at 938 N. Keystone Street. The owner shall comply Department, Water with State and City requirements when excavating in the vicinity of the Engineering Division capped well. 21 Trash storage areas shall be provided and maintained in a location Public Works -Streets acceptable to the Public Works Department, Streets and Sanitation Division and Sanitation and in accordance with approved plans on file with said Department. Said Division storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1 -gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. - 11 - PC2016-038 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 22 Prior to issuance of the grading permit, the applicant shall submit to the Public Works Public Works Development Services Division for review and approval a Department, Water Quality Management Plan that conforms to current Orange County Development Services Guidelines and Requirements as well as the City's WQMP Review Division Checklist. 23 Street improvement plans shall be submitted for all parkway related Public Works improvements adjacent to the project site to the Public Works Department, Department, Development Services Division for review and approval. Development Services These plans shall show both sides of all streets and alleys adjacent to the Division property, including all driveways and utility installations, signing and striping. Parkway landscaping shall be irrigated from the on-site water main. All improvements shall be installed and completed prior to the first final building and zoning inspection. 24 A bond securing the completion of the public improvements shall be Public Works posted in an amount approved by the City Engineer and in a form approved Department, by the City Attorney. Development Services Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 25 Ongoing during construction of the project, all construction traffic shall Public Works use La Palma Avenue to access and egress the site. No construction Department, traffic shall use residential streets, except for street improvements that Development Services may be necessary on Keystone Street. Division 26 All required WQMP items shall be inspected and operational. Public Works Department, Development Services Division 27 An all-weather access road as approved by the Fire Department shall be Fire Department provided during construction. GENERAL CONDITIONS 28 The maximum school enrollment shall not exceed 950 students. Planning Department 29 The school shall be operated in accordance with the two parking studies, Planning Department prepared by the IBI Group and The Planning Center, and the Parking Management Plan, prepared by the applicant, that were submitted as part of this application. Any changes to these plans shall be subject to review and approval by the Planning Director to determine substantial conformance with these documents to ensure compatibility with the surrounding uses. - 12 - PC2016-038 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 30 Access to the aquatic complex and sports fields shall be from the interior Planning Department campus only. 31 Adequate lighting of parking lots, driveway, circulation areas, aisles, Police Department passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. 32 No required parking area shall be fenced or otherwise enclosed for Planning Department, outdoor storage. Code Enforcement Division 33 The applicant shall be responsible for maintaining the area adjacent to the Planning Department, premises over which they have control, in an orderly fashion through the Code Enforcement provision of regular maintenance and removal of trash or debris. Any Division graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 34 The applicant is responsible for paying all charges related to the Planning Department processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 35 The Property shall be developed substantially in accordance with plans Planning Department and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. 36 The Applicant shall defend, indemnify, and hold harmless the City and its Planning Department 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 - PC2016-038