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Resolution-PC 2019-017RESOLUTION NO. PC2019-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05835 AND VARIANCE NO. 2017-05091 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00116) (5706 EAST 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 (i) Conditional Use Permit No. 2015-05835 to permit the sale beer and wine for off -premises consumption (Type 20 Off Sale Beer and Wine License) in association with a new convenience store and automobile service station and a Shared Parking Agreement with an adjacent property owner, and (ii) Variance No. 2017-05091 to allow (a) landscape setbacks adjacent to arterial highways; and (b) landscape and structural setbacks adjacent to interior property lines less than required by the Anaheim Municipal Code (the "Code") (the "Proposed Project") on a property located at 5706 East 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, Conditional Use Permit No. 2015-05835 and Variance 2017-05091 is proposed in conjunction with a request for Public Convenience or Necessity No. 2019-00144, now pending, which together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property, approximately 0.43 -acres in size. The Property is located within the General Commercial land use designation of the Anaheim General Plan. The Property is also located in the Anaheim Canyon Specific Plan No. 2015-1 "SP 2015-1 ", Development Area 5 (General Commercial) Zone and is subject to the zoning and development standards contained in Chapter 18.120 (Commercial Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 1, 2019 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. 2015-05835 and Variance No. 2017-05091, 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 - I - PC2019 -017 WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 32— In -Fill Development) which consists of in -fill projects that are consistent with applicable general plan designation and all applicable general plan polices as well as with applicable zoning designation and regulations, that the project occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, the project site has no value as habitat for endangered, rare or threatened species, the project will not result in any significant effects relating to traffic, noise, air quality or water quality, and the site can be adequately served by all required utilities and public service; 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 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 2015-05835, does find and determine the following: 1) That the proposed use is properly one for which a conditional use permit is authorized by the Municipal Code in that the Municipal Code allows a service station and convenience market to be constructed with off-site beer and wine sales in the Anaheim Canyon Specific Plan No.2015-1 (SP 2015-1) 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 will be compatible with the scale, mass, bulk, and orientation of existing buildings and commercial uses in the surrounding area; 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 is designed to ensure that vehicular and truck circulation would not adversely affect development of the area; 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 as determined by the Trip Generation Memo submitted for the project and reviewed by the City's Traffic Engineer; 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 the Proposed Project will be consistent with the development standards of the Anaheim Canyon Specific Plan No. 2015-1 "SP 2015-1" zone, with the exception of the variances described below. - 2 - PC2019 -017 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. 2017-05091 for (a) reduced landscape setbacks adjacent to arterial highways; and (b) reduced landscape and structural setbacks adjacent to interior property lines, should be approved for the following reasons: SECTION NO. 18.120.070.010 Minimum landscape setbacks adjacent to arterial highways. (15 feet required; 5 feet to 10 feet proposed) SECTION NO. 18.120.070.010 Minimum landscape and structural setbacks adjacent to interior property lines. (10 feet required; 0 to 20 feet proposed) 1. 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 about 148 by 119 feet and a lot area of 0.43 acres. While other corner lots in the immediate vicinity have similar lot widths and sizes that are developed with commercial uses, those lots do not have the same circulation constraints as compared to the Proposed Project due to the area needed to accommodate the turning radius for fuel tanker trucks, standards for placement of fuel tanks, and the need to accommodate vehicles maneuvering on-site with one access driveway on La Palma Avenue. The site was reduced in size as a result of street dedications along La Palma Avenue and Imperial Highway for street widening and improvements in 2007. In addition, a public utilities easement, measuring about 2,260 square feet in size, is located along the west property line, which further constrains the development potential of the site. Granting the requested variances would allow the property to be developed in a manner that is compatible with the adjacent properties and other service stations in the vicinity because of the special circumstances applicable to the property. 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 a similar landscape setback variances were previously - approved the service stations located at the northeast corner of La Palma Avenue and Magnolia Avenue, and at the northeast corner of Euclid Street and Broadway. and; 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. -3 - PC2019 -017 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2015-05835 and Variance No. 2017-05091 contingent upon and subject to (i) approval of Public Convenience or Necessity No. 2019-00144, now pending, and (ii) 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. 2015-05835 and Variance No. 2017-05091 is applicable 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, (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 April 1, 2019. 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. — ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019 -017 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 April 1, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN NOES: COMMISSIONERS: WHITE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 1St day of April, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2019 -017 EXHIBIT "A" DEV NO. 2015-00116 APN: 349-081-68 E LA PALMA AVE 3 2 �1 124' J ZZ Q CO m O to 151' a z ©o soo ioo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 6 - PC2019 -017 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05835 AND VARIANCE NO. 2017-05091 (DEV2015-00116) NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1 Prepare and submit a final grading plan showing building footprints, pad Public Works, elevations, finished grades, drainage routes, retaining walls, erosion Development Services control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. The report shall address any proposed infiltration features of the WQMP. 2 Prepare and submit a final drainage study, including supporting hydraulic public Works, and hydrological data to the City of Anaheim for review and approval. The study shall confirm or recommend changes to the City's adopted Development Services Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build -out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. 3 Submit a Water Quality Management Plan (WQMP) to the City for review Public Works, and approval. The WQMP shall be consistent with the requirements of Development Services Section 7 and Exhibit 7.11 of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects. identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff, and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. Submit three (3) copies and a plan checking deposit to the Public Works/Development Services for consideration and approval. 4 Submit a Geotechnical Report to the Public Works Development Services Public Works, Division for review and approval. The report shall include any proposed Development Services infiltration features of the WQMP. 5 All required plans shall be prepared by a registered Professional Engineer in Public Works, State of California. Development Services - 7 - PC2019 -017 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 6 Any work in CalTrans Property must be permitted by CalTrans. Provide Public Works, the City of Anaheim with approval from CalTrans for the work in Development Services CalTrans property prior to approval from the City of Anaheim for any work in Anaheim Right of Way. Provide the City with a copy of the permit and the plans for work within Caltrans permit. 7 The Owner/Developer shall submit a set of improvement plans for Public Public Utilities Utilities Water Engineering review and approval in determining the Water Engineering conditions necessary for providing water service to the project. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 8 Provide a certificate, from a Registered Civil Engineer, certifying that the Public Works, finished grading has been completed in accordance with the City approved Development Services grading plan. 9 That unless proof of exemption is submitted in compliance with City Public Works, Council Resolution No. 89R-440, at the issuance of a building permit, the appropriate major thoroughfare and bridge fee shall be paid to the City of Development Services Anaheim in an amount as specified in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor, as established by City Council resolution. 10 Prior to issuance of a monument sign permit, approval from Caltrans shall Public Works, be obtained and proof shall be submitted to the City of Anaheim to permit Development Services said sign. 11 A Right of Way Construction Permit shall be obtained from the Public Works, Development Services Division for all work performed in the public right- of-way. Development Services 12 Developer shall construct all footings within the property, and no footings Public Works, shall be constructed on the adjacent properties. Development Services 13 Install London Plane Sycamore trees in the tree wells on La Palma Avenue. Public Works, The irrigation system and meter shall be connected to on-site private Development Services irrigation system and maintained by the property owner. The street trees shall conform to the City of Anaheim Master Street Tree Plan for Arterial Corridors http://www.anaheim.net/594/Master-Street-Tree-Plan. - 8 - PC2019 -017 - 9 - PC2019 -017 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 14 All Landscape plans shall comply with the City of Anaheim adopted Public Works, Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Model Water Efficient Landscape Ordinance Development Services (AV 1881). An Efficiency Certificate to verify installation and signed by the licensed landscape architect shall be submitted prior to issuance of Certificate of Occupancy. 15 The developer shall post bonds for improvements in the public right of way as approved by the City of Anaheim. Public Works, Development Services 16 That a private water system with separate water service for fire protection Public Utilities, and domestic water shall be provided and shown on plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. Water Engineering 17 That all backflow equipment shall be located above ground outside of the Public Utilities, street setback area where possible in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a Water Engineering vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division 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. 18 That all requests for new water services, backflow equipment, or fire lines, Public Utilities, as well as any modifications, relocations, or abandonments of existing Water Engineering water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 19 That all existing water services and fire services shall conform to current Public Utilities, Water Services Standards Specifications. Any water service and/or fire Water Engineering line that does not meet current standards shall be upgraded if continued use is 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. 20 That the developer/owner shall submit to the Public Utilities Department Public Utilities, Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This Water Engineering information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. - 9 - PC2019 -017 - 10 - PC2019 -017 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 21 Individual water service and/or fire line connections will be required for Public Utilities, each parcel or residential, commercial, industrial unit per Rule 18 of the Water Engineering City of Anaheim's Water Rates, Rules and Regulations. 22 Proposed water services for this address shall be connected to the existing Public Utilities, 16 -inch CCP water main in La Palma Avenue. Water Engineering 23 The applicable Citywide Traffic Impact Fee, based on the Trip Generation Public Works, provided in the TIA and the Public Works Peak Hour Trip End rate, shall Traffic Engineering be paid to the City of Anaheim, in an amount established by the City Council Ordinance/Resolution at the issuance of a building permit. This fee will be used to fund traffic and transportation improvements within the area impacted by this project. Said fee shall be subject to adjustment by the City Council. 24 That unless proof of exemption is submitted in compliance with City Public Works, Council Resolution No. 89R-440, at the issuance of a building permit, the appropriate major thoroughfare and bridge fee shall be paid to the City of Traffic Engineering Anaheim in an amount as specified in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor, as established by City Council resolution. 25 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 plans, electrical Electrical Engineering panel drawings, site plans, elevation plans, and related technical drawings and specifications. 26 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 shown on the approved utility service plan. Electrical Engineering 27 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 28 Remove the 6 inch curb at the entrance of the man door at the trash Public Works, enclosure. Streets and Sanitation Division 29 Final landscape plans in compliance with all Code requirements shall be Planning & Building submitted for review and approval by the Planning Director or his/her Department, designee. Landscaping shall be installed prior to the issuance of a Planning Services Certificate of Occupancy for the business and shall be maintained on an on-going basis. - 10 - PC2019 -017 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 30 A Shared Parking Agreement with the property at 5750 East La Palma Planning & Building Avenue shall be submitted to the Planning Department, approved by the Department, City Attorney, and recorded at the Office of the County Recorder. A copy Planning Services of said agreement shall be filed with the Planning Department. The agreement shall include provisions to ensure that a minimum of four off- site parking spaces will be provided in perpetuity. OPERATIONAL CONDITIONS 31 Building shall be equipped with a comprehensive security alarm system Police Department (silent or audible) for the following coverage areas: • Perimeter of building and access route protection. • High valued storage areas. • Robbery Panic Alarm at Cashier register(s) 32 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: htti)://www.anaheim.net/260/Alarm-Permits 33 Rooftop address numbers for the police helicopter. Minimum size 4' in Police Department height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. 34 "No Trespassing 602(k) P.C." posted at the entrances of parking Police Department lots/structures and located in other appropriate places. Signs must be at least 2' x F in overall size, with white background and black 2" lettering. 35 All entrances to parking areas shall be posted with appropriate signs per Police Department 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. 36 Closed circuit television (CCTV) security camera system, with the Police Department following coverage areas: • Interior entrance to store • Exterior entrance to store • Parking areas • Fuel pumps • Cashier's area - 11 - PC2019 -017 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 37 If security cameras are not monitored, signs indicating so should be placed Police Department at each camera. 38 CCTV monitors and recorders should be secured in a separate locked Police Department compartment to prevent theft of, or tampering with, the recording. 39 With advances in technology, digital and wireless CCTV security systems Police Department are readily available and highly recommended over older VHS or "Tape" recording systems. 40 CCTV recordings should be kept for a minimum of 30 days before being Police Department deleted or recorded over. 41 If used, CCTV videotapes should not be recorded over more than 10 items Police Department per tape. 42 Address numbers shall be positioned so as to be readily readable from the Police Department street. Number should be illuminated during hours of darkness. 43 Doors: All exterior doors to have adequate security hardware, e.g. Police Department deadbolt locks. Wide-angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece. 44 Monument signs and addresses shall be well lighted during hours of Police Department darkness. 45 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. 46 All exterior doors shall have their own light source, which shall adequately Police Department illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 47 Landscaping shall be of the type and situated in locations to maximize Police Department observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows. - 12 - PC2019 -017 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 48 Trees should not be planted close enough to the structure to allow easy Police Department access to the roof, or should be kept trimmed to make climbing difficult. 49 Trash enclosures should not block visibility of doors or windows or be Police Department located close enough to the structure to provide access to the roof. 50 Minimum recommended lighting level in all parking lots is .5 foot-candle, Police Department measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 51 Whenever possible, open fencing design, such as wrought iron or tubular Police Department steel, should be utilized to maximize natural surveillance while enhancing territorial reinforcement. 52 The following installations should be considered: Police Department • Traffic bollards capable of stopping a moving vehicle shall be evenly spaced the front of the convenience store between the structure and parking area. • Locked cages, rooms, or safes (if any). PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 53 That fire lanes or no parking zones shall be posted with "No Parking Any Public Works, Time." Said information shall be specifically shown on plans submitted Development Services for building permits. 54 All required Public Improvements shall be completed and operational and Public Works, submitted for approval to the Construction Services Division Inspector. Development Services 55 All required WQMP improvements shall be operational and verified by the Public Works, Construction Services Division Inspector and the Development Services Development Services Division. 56 All remaining fees/deposits required by Public Works Department must Public Works, be paid in full. Development Services 57 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel Public Works, parking in the drive aisles. Red curb locations shall be clearly labeled on Traffic Engineering building plans. -13 - PC2019 -017 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 58 Ongoing during project operation, refueling tanker trailers shall not block Public Works, any portion of the public right of way. If any such fuel tanker truck Traffic Engineering obstructions occur, then the owner will be required to provide a delivery schedule to the Public Works Department, Traffic and Transportation Division, to ensure that such deliveries do not have an adverse impact on traffic flows, and/or Orange County Transportation Authority's bus schedule, on La Palma Avenue. Said delivery schedule shall be subject to review and approval by the City Traffic Engineer. 59 Owner/Developer shall install an approved backflow prevention assembly Public Utilities, on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Water Engineering Division requirements. GENERAL 60 The following minimum clearances shall be provided around all new and Public Utilities Water existing public water facilities (e.g. water mains, fire hydrants, service Engineering laterals, meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, 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. 61 No public water mains or laterals allowed under parking stalls or parking Public Utilities, lots. Water Engineering 62 All fire services 2 -inch and smaller shall be metered with a UL listed meter, Public Utilities, Hersey Residential Fire Meter with Translator Register, no equals. Water Engineering - 14 - PC2019 -017 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 63 The Applicant shall defend, indemnify, and hold harmless the City and its Planning & Building officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, set Division 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. 64 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, planning & Building whichever occurs first. Failure to pay all charges shall result in delays in the Department, issuance of required permits or may result in the revocation of the approval Planning Services of this application. Division 65 The property shall be developed substantially in accordance with plans and Planning & Building specifications submitted to the City of Anaheim by the applicant and which Department, plans are on file with the Planning Department. Planning Services Division 66 All new landscaping shall be installed in conformance with Chapter 18.46 "Landscape Planning & Building and Screening" of the Anaheim Municipal Code and shall be Department, maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning Services Division - 15 - PC2019 -017