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Resolution-PC 2020-025RESOLUTION NO. PC2020-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3516 (DEV2018-00059) (1705 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, on June 9, 1992, the City Council adopted Resolution No. 92R-111 approving Conditional Use Permit No. 3516 to permit a self storage and recreational vehicle storage facility with waivers of permitted freestanding sign location, minimum number of parking spaces, and permitted number of caretaker's spaces for a period of 15 (fifteen) years (herein referred to as the "Original CUP") for premises located at 1705 South State College Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, on October 27, 1997, the Planning Commission of the City of Anaheim (the "Planning Commission") adopted Resolution No. PC97-154 modifying Conditional Use Permit No. 3516 to delete Condition No. 1 pertaining to the 15 (fifteen) year time limitation (herein referred to as the "First Amendment to the Original CUP"); and WHEREAS, the Planning Commission did receive a verified petition to amend Conditional Use Permit No. 3516 (herein referred to as "Conditional Use Permit No. 3516A") to demolish three (3) buildings and the construct of five (5) new buildings for an existing self -storage facility, including an increase in the maximum floor area ratio (FAR) allowed by the Code, (the "Proposed Project"); and WHEREAS, the Property is approximately 5.56 -acres in size and is developed with self - storage and RV storage facility. The Land Use Element of the Anaheim General Plan designates the Property for Office — Low land uses. The property is located within the "I" Industrial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the "Code"). Self -storage facilities or uses and an increase in the permitted FAR are conditionally permitted within the "I" Industrial Zone subject to special provisions related to such uses set forth in City Council Policy No. 7.2 (Self -Storage Facilities); and WHEREAS, pursuant to City Council Policy No. 7.2 (Self -Storage Facilities), self -storage facilities "are most appropriate for irregularly-shaped properties which may further be constrained by accessibility or visibility and which may not be suitable for conventional types of development ... [and may be conditionally permitted in the "C -G" or "I" Zones provided there does not appear to be other viable or strategic uses of the property, the architecture of the facility is of high quality, the use is appropriate and compatible with its surrounding land uses, and the facility is in compliance with all Zoning Code Development Standards, including setbacks where possible, signage and landscaping .... ]"; and WHEREAS, if approved, Conditional Use Permit No. 3516A will allow for an increased floor area ratio (0.6 FAR), as set forth in Sections 18.10.045 (Floor Area Ratio) of the Code; and - I - PC2020-025 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 Proposed Project. A complete copy of the Initial Study and MND is on file and can be viewed in the City's Planning and Building Department located on the First Floor of City Hall at 200 S. Anaheim Blvd., Anaheim, California and is also available for purchase; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring and Reporting Program ("MMRP No. 370") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 8, 2020 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, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMRP No. 370, and approved and adopted the Mitigated Negative Declaration and MMRP No. 370; and WHEREAS, pursuant to City Council Policy No. 7.2 (Self -Storage Facilities), this Planning Commission hereby finds that there does not appear to be other viable or strategic uses of the Property, the architecture of the Proposed Project is of high quality, the use is appropriate and compatible with its surrounding land uses, and, upon approval of CUP3516A, will be in compliance with all development standards (including setbacks, signage and landscaping) of the Code; 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. 3516A, and in accordance with Section 18.10.045 (Floor Area Ratio) of the Code, does find and determine that all of the following conditions exist: - 2 - PC2020-025 I . A self -storage facility is an allowable use within the "I" Industrial Zone subject to a conditional use permit and special provisions related to such uses set forth in City Council Policy 7.2 (Self -Storage Facilities); 2. The Proposed Project would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the Proposed Project will improve the aesthetics and overall appearance of the project site, and would not have an adverse effect on the existing infrastructure in the area nor to adjacent residential, recreational and educational uses; 3. The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties; 4. The traffic generated by the Proposed Project would 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 the Proposed Project will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the future uses; 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would significantly improve the aesthetics and the overall appearance of the surrounding area, and is designed to be compatible with the other land uses in the area, subject to compliance with the conditions contained herein; 6. In accordance with Section 18.10.045 (Floor Area Ratio) of the Code, all potential environmental impacts associated with the Proposed Project have been duly analyzed and will be mitigated pursuant to MMRP No. 370; 7. The unique and opportune design features of self -storage facilities are most appropriate use for the irregularly-shaped Property due to accessibility and visibility constraints, making the Property less suitable for conventional types of development; 8. The architecture of the Proposed Project is of a high quality design with various architectural elements including a split -face masonry block base, horizontal embossed metal wall panels with grey tone colors, vertical metal panel accents in corporate green tones; 9. The Proposed Project is appropriate and compatible with its surrounding land uses, and the facility will be in compliance, upon approval of Conditional Use Permit No. 3516A, with all development standards (including setbacks, signage and landscaping) in the Code; and -3 - PC2020-025 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. 3516A contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference ("Revised Conditions of Approval"). BE IT FURTHER RESOLVED that, effective upon the date of this Resolution, the Revised Conditions of Approval hereby amend the Original Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP, as amended by Conditional Use Permit No. 3516A all 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. 3516A; and, BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to the uses permitted under Conditional Use Permit No. 3516A are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (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. 3516A is 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 of Conditional Use Permit No. 3516A 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. - 4 - PC2020-025 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 8, 2020. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: /i' L 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 June 8, 2020, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MULLEADY IN WITNESS WHEREOF, I have hereunto set my hand this 81h day of June, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2020-025 EXHIBIT "A" DEV NO. 2018-00059 E KATELLA AVE Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet- -6- eet. -6- PC2020-025 EXHIBIT "B" REVISED CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 3516A (DEV2018-00059) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 Prepare and submit a final grading plan showing building footprints, pad Public Works elevations, finished grades, drainage routes, retaining walls, erosion Department, control, slope easements and other pertinent information in accordance with Development Anaheim Municipal Code and the California Building Code, latest edition. Services Division 2 Prepare and submit a final drainage/hydrology study, including supporting Public Works hydraulic and hydrological data to the City of Anaheim for review and Department, approval. The study shall confirm or recommend changes to the City's Development adopted Master Drainage Plan by identifying off-site and on-site storm Services Division 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 The Owner shall obtain the required coverage under California's General Public Works Permit for Stormwater Discharges associated with Construction Activity by Department, providing a copy of the Notice of Intent (NOI) submitted to the State Water Development Resources Control Board and a copy of the subsequent notification of the Services Division issuance of a Waste Discharge Identification (WDID) number. 4 The Owner shall prepare a Stormwater Pollution Prevention Plan (SWPPP). Public Works The SWPPP shall be kept at the project site and be available for Public Department, Works Development Services Division review upon request. Development Services Division 5 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 Department, Section 7 and Exhibit 7.II of the Orange County Drainage Area Development Management Plan (DAMP) for New Development/ Significant Services Division 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 - 7 - PC2020-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT to address the long-term implementation of and compliance with the defined BMPs. 6 Submit a Geotechnical Report to the Public Works Development Services Public Works Division for review and approval. Department, Development Services Division 7 All required plans and studies shall be prepared by a Registered Public Works Professional Engineer in State of California. Department, Development Services Division 8 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 ISSUANCE OF A BUILDING PERMIT 9 Civil Engineer shall survey and certify the design pad elevation and submit Public Works a line and grade certification. Department, Development Services Division 10 An Encroachment License application shall be submitted and reviewed by Public Works the Public Works Department and approved by the City Engineer for any Department, structures within the ultimate right of way. The existing planter shall be Development removed from the ultimate right of way. Services Division 11 A cash -in -lieu payment based on the project engineer's cost estimate, in an Public Works amount determined by the City Engineer to be sufficient to pay for future Department, street widening along State College Blvd, shall be paid to the City of Development Anaheim. Services Division 12 A 15 -ft. wide easement along State College Blvd, offset 3 -ft. from the Public Works ultimate right of way, shall be dedicated to the City of Anaheim for public Department, utility purposes. Development Services Division 13 A Right of Way Construction Permit shall be obtained from the Public Works Development Services Division for all work performed in the public right- Department, of -way. Development Services Division 14 That curbs adjacent to the drive aisles shall be painted red to prohibit Public Works parallel parking in the drive aisles. Red curb locations shall be clearly Department, Traffic labeled on building plans. Engineering Division - 8 - PC2020-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 15 A private water system with separate water service for fire protection and Public Utilities domestic water shall be provided and shown on plans submitted to the Department, Water Water Engineering Division of the Anaheim Public Utilities Department. Engineering Division 16 All backflow equipment shall be located above ground outside of the street Public Utilities setback area in a manner fully screened from all public streets and alleys. Department, Water Any other large water system equipment shall be installed to the satisfaction Engineering Division 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. 17 All requests for new water services, backflow equipment, or fire lines, as Public Utilities well as any modifications, relocations, or abandonments of existing water Department, Water services, backflow equipment, and fire lines, shall be coordinated and Engineering Division permitted through Water Engineering Division of the Anaheim Public Utilities Department. 18 All existing water services and fire services shall conform to current Water Public Utilities Services Standards Specifications. Any water service and/or fire line that Department, Water does not meet current standards shall be upgraded if continued use is Engineering Division 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. 19 The Owner/Developer shall submit to the Public Utilities Department Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and Department, Water maximum day and peak hour water demands for the project. This Engineering Division 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.1 of the Water Utility Rates, Rules, and Regulations. 20 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. 21 Prior to connection of electrical service, the legal owner shall provide to the Public Utilities, City of Anaheim a Public Utilities easement with dimensions as shown on Electrical the approved utility service plan. Engineering Division 22 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 Division - 9 - PC2020-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 23 All remaining fees/deposits required by Public Works department shall be Public Works paid in full. Department, Development Services Division 24 All required on-site Water Quality Management Plan shall be completed, Public Works operational, and are subject to review and approval by the Public Works Department, Inspector. Development Services Division 25 That ongoing during project operations, vehicle deliveries including Public Works loading and unloading shall be performed on site. Delivery vehicles shall Department, Traffic not block any part of the public right of way. Engineering Division 26 Owner/Developer shall install an approved backflow prevention assembly Public Utilities Water on the water service connection(s) serving the property, behind property Engineering line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. GENERAL CONDITIONS 27 The following minimum clearances shall be provided around all new and Public Utilities, existing public water facilities (e.g. fire hydrants, service laterals, meters, Water Engineering meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, storinwater 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. 28 No public water mains or laterals allowed under parking stalls or parking Public Utilities, lots. Water Engineering 29 SECURITY MEASURES: Police Department 1. New building shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: • Perimeter of building and access route protection. • Retail storefront. 2. 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.anaheim.net/article.asp?id=678 - 10- PC2020-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 3. A Closed circuit television (CCTV) security system shall be installed, with the following coverage areas: • Lobby Entrance i.Interior ii. exterior • Building perimeter • Facility Grounds • Parking lot • Cashier's area 4. If security cameras are not monitored, signs indicating so should be placed at each camera. 5. CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the recording. 6. With advances in technology, digital and wireless CCTV security systems are readily available and highly recommended over older VHS or "Tape" recording systems. 7. CCTV recordings should be kept for a minimum of 30 days before being deleted or recorded over. 8. If used, CCTV videotapes should not be recorded over more than 10 items per tape. 30 ADDRESSING: Police Department 1. Address numbers shall be positioned so as to be readily readable from the street. Number should be illuminated during hours of darkness. 2. Rooftop address numbers for the police helicopter shall be added to each building within the complex. The main structure will have the street address on Walnut Street and the other buildings shall have the letter or number associated with it on their roof. Minimum size 4' in height and 2' in width. The lines of the numbers/letters are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed in. Numbers are not to be visible from ground level. 3. Each building shall have clearly marked doors with numbers corresponding to the alarm zones, if any. The identification of alarm zone coverage will assist responding police and security units in faster identification and apprehension of potential suspects, if any. 4. Each different building shall have its particular building number/letter clearly displayed on the outside at each end of the structure. 31 DOORS: Police Department 1. All exterior doors to have adequate security hardware, e.g. deadbolt locks. PC2020-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 2. Wide-angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. 3. 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. 4. Overhead roll -up doors shall also be secured on the inside that the lock cannot be defeated from the outside and shall be secured with a cylinder lock or padlock from the inside. 32 LIGHTING: Police Department 1. Monument signs and addresses shall be well lighted during hours of darkness. 2. Adequate lighting of parking lots, 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 person, property, and vehicles on-site. 3. All exterior doors shall have their own light source, which shall adequately 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. 33 LINE OF SIGHT/NATURAL SURVEILLANCE: Police Department 1. Doorways, alcoves, etc., should not be recessed to the extent that a place is created for a person to stand and go unobserved. 2. Interior hallways should provide good line of sight for proper CCTV surveillance. 3. Loading docks should be of an open design, utilizing either low curbs or open railings. 4. Trash enclosures should not block visibility of doors or windows or be located close enough to the structure to provide access to the roof. 5. Security personnel and/or receptionists should be positioned in an area of the main lobby where they can monitor subjects entering and exiting the building, and observe the elevators and restroom entrances. 34 STAIRWAYS/ELEVATORS: Police Department 1. Stairwells and elevator lobbies should be of an open design whenever structurally possible. 2. If stairwells are enclosed, convex mirrors should be installed on the landings to allow visibility of the landing and the next flight of stairs, - 12 - PC2020-025 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT and stairwell doors should be fitted with as much transparent material as permitted by the fire code. 3. Stairwell landings should allow for a 60" turning radius to facilitate police use. 4. Elevator cabs should have convex mirrors installed to allow visibility of the interior of the cab from outside the elevator door. 35 PARKING LOTS/STRUCTURES: Police Department 1. Minimum recommended lighting level in all parking lots is .5 foot- candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 2. "No Trespassing 602(k) P.C." posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2' x 1 ' in overall size, with white background and black 2" lettering. 3. All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. 36 No required parking area shall be fenced or otherwise enclosed for outdoor Planning and storage. Building Department, Code Enforcement Division 37 The applicant shall be responsible for maintaining the area adjacent to the Planning and premises over which they have control, in an orderly fashion through the Building Department, provision of regular maintenance and removal of trash or debris. Any Code Enforcement graffiti painted or marked upon the premises or on any adjacent area under Division the control of the licensee shall be removed or painted over within 24 hours of being applied. 38 Hours of operation shall be restricted to 6:00 a.m. to 10:00 p.m., seven days Planning and a week. Adequate signage shall be installed near vehicular access gates Building Department informing the self -storage tenants of the hours of operation. 39 The applicant is responsible for paying all charges related to the processing Planning and of this discretionary case application within 30 days of the issuance of the Building Department 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. 40 The Property shall be developed substantially in accordance with plans and Planning and specifications submitted to the City of Anaheim by the applicant and which Building Department plans are on file with the Planning Department and as conditioned herein. - 13 - PC2020-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 41 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and officials, officers, employees and agents (collectively referred to Building Department 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. 42 All new landscaping shall be installed in conformance with Chapter 18.46 Planning and "Landscape and Screening" of the Anaheim Municipal Code and shall be Building Department, maintained in perpetuity. Landscaping shall be replaced in a timely manner Planning Services in the event that it is removed, damaged, diseased and/or dead. Division 43 The facility shall operate in accordance with the Letter of Operation Planning and submitted as part of the application. Any changes to the facility's operation Building Department, described in the Letter of Operation shall be subject to review and approval Planning Services by the Planning and Building Director to determine substantial Division conformance with said letter and to ensure compatibility with the surrounding uses. - 14 - PC2020-025