Resolution-PC 2018-045RESOLUTION NO. PC2018-045
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05930 AND VARIANCE NO. 2018-05102 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00080)
(191 SOUTH IMPERIAL HIGHWAY)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred
to as the "Planning Commission") did receive a verified petition for Conditional Use Permit
No. 2017-05930 to permit the construction of a new 3,233 square foot fast food restaurant
with a drive-through lane and wall mural, and Variance No. 2018-05102 to permit reduced
front landscape setbacks at a certain real property located at 191 South Imperial Highway
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 subject 0.8 acre parcel is located within the 10.6 acre Property
developed with Crossroads Shopping Center. The properties are designated for
Neighborhood Center land uses by the Anaheim General Plan. The Property is located in
the "C -G" General Commercial, Scenic Corridor (SC) Overlay Zone and is subject to the
zoning and development standards contained in Chapters 18.08 (Commercial Zones) and
18.18 (Scenic Corridor Overlay zone) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 5, 2018 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 (Procedures) of the Code, to hear and consider evidence for and against
proposed Conditional Use Permit No. 2017-05930 and Variance No. 2018-05102 (the
"Proposed Project"), 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 (Title 14 of the California Code of Regulations; 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, the Planning Commission finds and determines that the Proposed
Project is within that class of projects (i.e., Class 3 — New Construction) which consists of
construction and location of limited numbers of new, small facilities or structures, and that,
therefore, pursuant to Section 15303 of the CEQA Guidelines, the Proposed Project will
not cause a significant effect on the environment and is, therefore, categorically exempt
from the provisions of CEQA; and
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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 2017-05930
to permit the construction of a new 3,233 square foot fast food restaurant with a drive-
through lane and mural on the building wall, does find and determine the following:
1) That the proposed use is properly one for which a conditional use permit is
authorized by the Code which allows a drive-through restaurant facility and mural in the
"C -G" General Commercial, SC Overlay Zone subject to approval of a conditional use
permit pursuant to Section 18.08.030 of the Code; and
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
Proposed Project has been designed to be compatible with surrounding commercial uses.
The proposed drive-through lane has a sufficient capacity to accommodate the maximum
anticipated number of queueing vehicles where the traffic flow on the main adjacent drive
aisle is not anticipated to be impeded, and stacking onto public streets is not expected. In
addition, the one story restaurant building will be in scale with the surrounding uses and
an adequate landscape buffer will be provided around the drive-through lane; and
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 Proposed Project has been designed to
comply with all Code requirements, except for reduced landscape setbacks as referenced
in Variance No. 2018-05102 below; and
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 streets and adequate parking will be provided to accommodate the
proposed use; 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
zone; and;
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WHEREAS, based upon the letter of request and plans submitted by the
applicant to justify the variance, the Planning Commission does further find and determine
that the request for Variance No. 2018-05102 for reduced landscape setbacks in the C -G,
Scenic Corridor Overlay Zone should be approved for the following reasons:
SECTION NO. 18.18.090 Minimum landscape setback along major, primary,
secondary, hillside primary or hillside secondary
highways.
(25 -foot landscape setback required; 8 to 15 -foot
landscape setback proposed)
1. That there are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, which do not apply to other property under
identical zoning classification in the vicinity. The configuration, location, and topography
of the lot on Imperial Highway makes it difficult to meet all of the development standards
while providing adequate landscape setbacks for the proposed drive-through restaurant.
Furthermore, the required 7 -foot street dedication will further reduce the developable area
of the site in comparison with other commercially -zoned properties in the vicinity.
2. That, because of special circumstances shown above, strict application of the
Zoning Code deprives the property of privileges enjoyed by other property under identical
zoning classification in the vicinity. Similar landscape setbacks exist north and south of
the subject property which would allow the restaurant site to remain compatible with
abutting properties. Furthermore, the small portion of the restaurant site at the southeast
corner will provide for additional employee parking spaces while maintaining an 8 -foot
wide landscape setback. This parking area is designed at a lower grade and is partially
screened from the higher sidewalk and street elevation.
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; and
BE IT FURTHER RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. 2017-05930 and
Variance No. 2018-05102 contingent upon and subject to 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 that portion of the
Property for which Conditional Use Permit No. 2017-05930 and Variance No. 2018-05102
is applicable in order to preserve the health, safety and general welfare of the citizens of
the City of Anaheim.
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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, (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 September 5, 2018. 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.
CHAIRP OF T RSON, PLANN G OMMISSION
CITY
OAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 September 5, 2018,
by the following vote of the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI,
GILLESPIE, KEYS
NOES: COMMISSIONERS: WHITE
ABSENT: COMMISSIONERS: LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this 5`h day of
September, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2017-00080
APN: 363-531-04 � ANA CANYON RD
E SANTA ANA CANYON RD
122'
N
N
N
157.19'
E AVENIDA BERNARDO NORI
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05930
VARIANCE NO. 2018-05102
(DEV2017-00080)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
1
The project's Grading Plans, Soils Report, and Drainage Report shall
Public Works
be submitted for review and approval to the Development Services
Department,
Division.
Development Services
Division
2
The developer shall submit project improvement plans that
Public Works
incorporate the required drainage improvements and the mechanisms
Department,
proposed in the approved Drainage Report. Post -development storm
Development Services
event run-off shall be less than or equal to the existing pre-
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development storm event run-off. No offsite run-off shall be blocked
during and after grading operations or perimeter wall construction.
Finish floor elevations shall be 1 -ft. minimum above water surface
elevations of 100 -year storm event. Run-off shall not be diverted and
any proposed improvements shall prevent downstream properties
from becoming flooded. The Final Drainage report shall address the
drainage velocity on the new on-site improvements and potential
impacts to the existing drainage system. Also, the plans shall show
that all concentrated flow shall be contained within an approved
drainage device and preserve the existing flows and manner drainage
is conveyed downstream.
3
The final Water Quality Management Plan (WQMP) shall be
Public Works
submitted for review and approval to Public Works Development
Department,
Services and comply with the most current requirements of the Orange
Development Services
County Drainage Area Management Plan (DAMP).
Division
4
If more than 1 acre will be disturbed, prior to grading plan approval,
Public Works
the applicant shall demonstrate that coverage has been obtained under
Department,
California's General Permit for Stormwater Discharges Associated
Development Services
with Construction Activity by providing a copy of the Notice of Intent
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(NOI) submitted to the State Water Resources Control Board and a
copy of the subsequent notification of the issuance of a Waste
Discharge Identification (WDID) Number. The applicant shall
prepare and implement a Stormwater Pollution Prevention Plan
(SWPPP). A copy of the current SWPPP shall be kept at the project
site and be available for City review upon request.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
5
A Cross -Lot Drainage Agreement is required to be executed,
Public Works
approved by the City and recorded by the owner on the properties for
Department,
cross -lot drainage if there does not existing one already.
Development Services
Division
6
A signed and notarized Right -of -Entry shall be provided for all work
Public Works
that will be performed in the neighboring properties outside of the
Department,
property.
Development Services
Division
7
All existing vertical structures noted to be demolished shall be
Public Works
demolished. The developer shall obtain a demolition permit from the
Department,
Building Division for the demolition of vertical structures prior to
Development Services
performing this work.
Division
8
The Owner/Developer 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
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the project.
PRIOR TO THE ISSUANCE OFA BUILDING PERMIT
9
The property owner shall irrevocably offer to dedicate in a signed deed
Public Works
to the City of Anaheim an easement 60 -feet in width from the
Department,
centerline of Imperial Highway and a corner cut-off dedication at
Development Services
Imperial Highway and Avenida Bernardo North for road, public
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utilities, and other public purposes. The corner cut-off dedication
shall be in compliance with City Standard 110-B based on the ultimate
curb location.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10
The developer shall submit street improvement plans, obtain a right of
Public Works
way construction permit, and post a security (Performance and Labor
Department,
& Materials Bonds) in an amount approved by the City Engineer and
Development Services
in a form approved by the City Attorney for the construction of all
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required off-site and public improvements within the City street right
of way of Imperial Highway and Avenida Bernardo North.
Improvements shall conform to City of Anaheim Public Works
requirements, approved traffic study requirements (if any), and as
approved by the City Engineer. The street improvement plans shall
include all traffic related improvements adjacent to the project site
including all driveways, utility installations, signing and striping, and
all other offsite work. Developer shall be responsible for any utility
relocations in the right-of-way, and any utility relocation shall be in
conformance with the pertinent Public Utility requirements, standards,
and permits. If there will be multiple street utility cuts, then the entire
street shall be resurfaced via 2" grind and cap from edge of gutter to
edge of gutter or to centerline/median. Limits to be determined by the
Public Works Inspector.
11
The legal property owner shall submit a Lot Line Adjustment to Public
Public Works
Works, Development Services for review and approval to modify the
Department,
existing two lot configuration. The Lot Line Adjustment and
Development Services
Conformance Deed shall be recorded prior to issuance of a building
Division
permit.
12
A private water system with separate water service for fire protection,
Public Utilities
domestic water, and irrigation shall be provided and shown on plans
Department,
submitted to the Water Engineering Division of the Anaheim Public
Water Engineering
Utilities Department.
Division
13
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
Department,
and alleys. Any backflow assemblies currently installed in a vault will
Water Engineering
have to be brought up to current standards. Any other large water
Division
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.
14
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 services, backflow equipment, and fire lines, shall be
Water Engineering
coordinated and permitted through Water Engineering Division of the
Division
Anaheim Public Utilities Department.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
15
All existing water services and fire services shall conform to current
Public Utilities
Water Services Standards Specifications. Any water service and/or
Department,
fire line that does not meet current standards shall be upgraded if
Water Engineering
continued use is necessary or abandoned if the existing service is no
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longer needed. The Owner/Developer shall be responsible for the
costs to upgrade or to abandon any water service or fire line.
16
The Owner/Developer shall submit to the Public Utilities Department
Public Utilities
Water Engineering Division an estimate of the maximum fire flow
Department,
rate and maximum day and peak hour water demands for the project.
Water Engineering
This information will be used to determine the adequacy of the
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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.1 of the Water Utility Rates,
Rules, and Regulations.
17
The property owner/developer shall coordinate with Electrical
Public Utilities
Engineering to establish electrical service requirements and submit
Department,
electric system plans, electrical panel drawings, site plans, elevation
Electrical Engineering
plans, and related technical drawings and specifications.
Division
18
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
Department,
shown on the approved utility service plan.
Electrical Engineering
Division
19
Prior to connection of electrical service, the legal owner shall submit
Public Utilities
payment to the City of Anaheim for service connection fees.
Department,
Electrical Engineering
Division
20
The neon accent lighting on the top of the parapet wall shall not be
Planning and Building
permitted on the south building wall facing the residential properties.
Department,
Planning Services
Division
21
Final landscaping plans in compliance with all Code requirements
Planning and Building
shall be submitted for review and approval by the Planning and
Department,
Building Director or his/her designee, including the required clinging
Planning Services
vines on the trash enclosure. Landscaping shall be installed prior to
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the issuance of a Certificate of Occupancy.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
22
Locations for future above -ground utility devices including, but not
Planning and Building
limited to, electrical transformers, water backflow devices, gas,
Department,
communications and cable devices, etc., shall be shown on plans
Planning Services
submitted for building permits. Plans shall also identify the specific
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screening treatments of each device (i.e. landscape screening, color of
walls, materials, identifiers, access points, etc.) and shall be subject to
the review and approval of the appropriate City departments.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
23
All required on-site Water Quality Management Plan,
Public Works
Grading/Drainage, and public right of way improvements (if any)
Department,
shall be completed, operational, and are subject to review and
Development Services
approval by the Construction Services Inspector.
Division
24
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,
labeled on building plans.
Traffic Engineering
Division
25
Owner/Developer shall install an approved backflow prevention
Public Utilities
assembly on the water service connection(s) serving the property,
Department,
behind property line and building setback in accordance with Public
Water Engineering
Utilities Department Water Engineering Division requirements.
Division
26
Address numbers shall be positioned so as to be readily readable from
Police Department
the street (minimum height of 4 inches). Number should be
illuminated during hours of darkness, and rear entrance doors shall be
numbered in the same address numbers or suite number of the
business.
27
Building shall be equipped with a comprehensive security alarm
police Department
system (silent or audible) for the following coverage areas:
• Perimeter of building and access route protection.
• High valued storage areas.
In addition, complete a Burglary/Robbery Alarm Permit application,
Form APD 516, 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.anabeim.net/article.asp?id=678
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GENERAL
28
Ongoing during project operation, should the vehicle queue reach
Public Works
Imperial Highway, staff members shall be positioned at the end of the
Department,
on-site queue near the Imperial Highway entrances to direct traffic.
Traffic Engineering
This measure shall be implemented for a short timeframe, as needed,
Division
until the queue dissipates.
29
The following minimum clearances shall be provided around all new
Public Utilities
and existing public water facilities (e.g. fire hydrants, service laterals,
Department,
meters, meter boxes, backflow devices, etc.):
Water Engineering
• 10 feet from structures, footings, walls, stormwater BMPs,
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power poles, street lights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
30
No public water mains or laterals shall be allowed under driveways,
Public Utilities
parking stalls, or parking lots.
Department,
Water Engineering
Division
31
Adequate lighting of parking lots, passageways, recesses, and grounds
Police Department
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 person,
property, and vehicles on-site.
32
Monument signs and addresses shall be well lighted during hours of
Police Department
darkness.
33
All entrances to parking areas shall be posted with appropriate signs
Police Department
per 22658(a) C.V.C., to assist in removal of vehicles at the property
owners/managers request.
34
Any tree planted on-site shall be replaced in a timely manner in the
Planning and Building
event that it is removed, damaged, diseased and/or dead. The property
Department,
shall be permanently maintained in an orderly fashion by providing
Code Enforcement
regular landscape maintenance, removal of trash or debris, and
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removal of graffiti within two (2) business days from time of
discovery.
35
Ongoing during project operation, should the vehicle queue impact
Planning and Building
on-site traffic circulation or access to and from parking stalls, staff
Department,
members shall be positioned at strategic locations to direct traffic and
Planning Services
the direction of the queue line. This measure shall be implemented,
Division
as needed, until the queue dissipates.
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36
Hours of operation shall be limited to the following:
Planning and Building
Sunday — Thursday 9 a.m. to 12 a.m.
Department,
Friday and Saturday 9 a.m. to 2 a.m.
Planning Services
Division
37
The speaker box volume on the menu order board shall be set to
Planning and Building
minimize noise impacts to the surrounding residential properties. The
Department,
volume shall be lowered at 10 p.m. so not to be audible from
Planning Services
residential property lines.
Division
38
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
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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.
39
The subject property shall be developed substantially in accordance
Planning and Building
with the plans and specifications submitted to the City of Anaheim by
Department,
the applicant and which plans are on file with the Planning
Planning Services
Department.
Division
40
All new landscaping shall be installed in conformance with Chapter
Planning and Building
18.46 "Landscape and Screening" of the Anaheim Municipal Code
Department,
and shall be maintained in perpetuity. Landscaping shall be replaced
Planning Services
in a timely manner in the event that it is removed, damaged, diseased
Division
and/or dead.
41
Approval of this application constitutes approval of the proposed
Planning and Building
request only to the extent that it complies with the Anaheim Municipal
Department,
Zoning Code and any other applicable City, State and Federal
Planning Services
regulations. Approval does not include any action or findings as to
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compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
42
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
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