Resolution-PC 2020-029RESOLUTION NO. PC2020-029
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2018-05955 AND ADMINISTRATIVE
ADJUSTMENT NO. 2018-00425 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2018-00009)
(2720 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2018-
05955 to permit an outdoor Recreational Vehicle (RV) storage facility with a modular office
trailer and Administrative Adjustment No. 2018-00425 to permit reduced front yard setbacks
(the "Proposed Project") on that certain real property located at 2720 West Lincoln Avenue 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; and
WHEREAS, the Property is approximately 1.89 acres in size and is currently
undeveloped. The Anaheim General Plan designates the Property for Open Space land uses.
The underlying zone of the Property is the "OS" Open Space, meaning that the Property is
subject to the zoning and development standards contained in Chapter 18.14 (Public and
Special -Purpose Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of
Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor
Newsom issued Executive Order N-29-20 (superseding the Brown Act -related provisions of
Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to
hold public meetings via teleconferencing and to make public meetings accessible
telephonically or otherwise electronically to all members of the public seeking to observe and
to address the local legislative body; and
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did
hold a teleconferencing public hearing in the City of Anaheim on August 3, 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 (Procedures) of the Code, to hear and consider evidence for and
against proposed 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
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WHEREAS, the Planning Commission also finds and determines that the effects of
the proposed outdoor RV Storage facility are typical of those generated within that class of
projects (i.e., Class 3 — New Construction or Conversion of Small Structures) which consists of
the construction and location of limited numbers of new, small facilities or structures. Section
15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption
from the provisions of CEQA, one of which being the construction of commercial buildings not
exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use
of significant amounts of hazardous substances where all necessary public services and facilities
are available and the surrounding area is not environmentally sensitive. The Proposed Project
will not cause a significant effect on the environment and is, therefore, categorically exempt
from the provisions of CEQA; 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 with respect to the Proposed project and, specifically, with respect to the request
for Conditional Use Permit No. 2018-05955, does find and determine the following:
1. The Proposed Project is an allowable primary use within the Open Space
Zone, subject to approval of a conditional use permit, as authorized under Table 14-A of Section
18.14.030 (Uses) of Chapter 18.14 (Public and Special -Purpose Zones) of the Code.
2. The proposed conditional use permit to permit the Proposed Project as
conditioned herein, would not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the facility will be
adequately screened from public view, buffered from residential uses by a 10 -foot high wall,
and is adjacent to an existing RV storage facility which is currently in operation.
3. The size and shape of the site for the use is adequate to allow the full
development of the Proposed Project in a manner not detrimental to the particular area or to the
health and safety because the facility will provide a sufficient number of on-site parking spaces,
adequate vehicle circulation, and sufficient buffers from adjacent land uses, while maintaining
utility easements that currently exist on the property.
4. The traffic generated by the Proposed Project will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because the traffic generated by this use will not exceed the anticipated volumes of traffic on
the surrounding streets and adequate parking and circulation will be provided to accommodate
the use.
5. The granting of the conditional use permit under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim as the Proposed
Project will be integrated with the surrounding outdoor RV storage uses which operate under
utility lines throughout the City and would not pose a health or safety risk to the citizens of the
City of Anaheim.
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WHEREAS, the Planning Commission does further find and determine that the
request for Administrative Adjustment No. 2018-00425 may be approved for the following
reasons:
SECTION NO. 18,14. 100 Minimum Landscaping and Structural
Setbacks. (25 feet required; 20 feet
proposed)
1. The adjustment for a 20% reduction in the required front setback for the front
screen wall and temporary modular office trailer is consistent with the purposes and intent of
the Zoning Code because the new RV storage facility will provide a 10 -foot high masonry wall
to screen the outdoor storage use from public view. The resulting 20 -foot setback will be
entirely landscaped and will be consistent with the landscape setback provided for the abutting
RV Storage lot to the west; and
2. The same or similar result cannot be achieved by using provisions in the Zoning
Code that do not require the adjustment. The Zoning Code requires all structures, including
fencing, maintain a minimum 25 foot front setback on Open Space zoned properties. The
application of the 20% adjustment to the 25 -foot setback would result in only a 5 -foot reduction
in the required setback, which is sufficient to provide adequate landscaping and would be
consistent with the abutting RV Storage facility to the west; and
3. The adjustment will allow for the screening of outdoor RV storage in a manner
compatible with the design and setback of the adjacent RV Storage facility, and will not produce
a result that is out of character or detrimental to the neighborhood; therefore, the Proposed
Project would not negatively impact the surrounding neighborhood; 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.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. No. 2018-05955, and
Administrative Adjustment No. 2018-00425 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. 2018-05955 and Administrative Adjustment
No. 2018-00425 are 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.
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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 August 3, 2020. 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.
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ATTEST:
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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 August 3, 2020 by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this Yd day of August, 2020.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2018-00009
APN: 126-022-22
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2018-05955 AND
ADMINISTRATIVE ADJUSTMENT NO. 2018-00425
(DEV2018-00009)
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
1
The legal property owner shall irrevocably offer to dedicate to the
City of Anaheim an additional 7- ft. easement from the existing right-
Public Works
of -way along Lincoln Avenue for road, public utilities and other
Department
public purposes.
Development Services
2
Prepare and submit a final grading plan showing building footprints,
Public Works
pad elevations, finished grades, drainage routes, retaining walls,
Department
erosion control, slope easements and other pertinent information in
accordance with Anaheim Municipal Code and the California
Development Services
Building Code, latest edition.
3
Prepare and submit a final drainage/hydrology study, including
Public Works
supporting hydraulic and hydrological data to the City of Anaheim
Department
for review and approval. The study shall confirm or recommend
changes to the City's adopted Master Drainage Plan by identifying
Development Services
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.
4
The owner shall obtain the required coverage under California's
Public Works
General Permit for Stormwater Discharges associated with
Department
Construction Activity by providing a copy of the Notice of Intent
(NOI) submitted to the State Water Resources Control Board and a
Development Services
copy of the subsequent notification of the issuance of a Waste
Discharge Identification (WDID) number.
5
The owner shall prepare a Stormwater Pollution Prevention Plan
Public Works
(SWPPP). The SWPPP shall be kept at the project site and be
Department
available for Public Works Development Services Division review
upon request.
Development Services
6
Submit a Water Quality Management Plan (WQMP) to the City for
Public Works
review and approval. The WQMP shall be consistent with the
Department
requirements of Section 7 and Exhibit 7.II of the Orange County
Drainage Area Management Plan (DAMP) for New Development/
Development Services
Significant Redevelopment projects. identify potential sources of
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
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.
7
Submit a Geotechnical Report to the Public Works Development
Public Works
Services Division for review and approval. The report shall include
Department
any proposed infiltration features of the WQMP.
Development Services
8
The Owner/Developer shall submit a set of improvement plans for
Public Utilities Water
Public Utilities Water Engineering review and approval in
Engineering
determining the conditions necessary for providing water service to
the project.
9
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to
Electrical Engineering
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and
related technical drawings and specifications.
PRIOR TO ISSUANCE OF BUILDING PERMITS
10
Civil Engineer shall survey and certify the design pad elevation and
Public Works
submit a line and grade certification.
Department
Development Services
11
A Certification shall be provided by, and bear the original stamp
Public Works
and signature of the Geotechnical Engineer of Record shown on the
Department
project plans approved by the City of Anaheim, Public Works
Development Services
Department. The certification shall state that
construction/installation of the soil improvement has been analyzed
and found to be conformance to the approved plans and
specifications. All technical data and test logs shall be part of the
document submitted to the City for review and approval.
12
Provide a certificate, from a Registered Civil Engineer, certifying
Public Works
that the finished grading has been completed in accordance with the
Department
City approved grading plan.
Development Services
13
The developer shall submit street improvement plans and a cost
Public Works
estimate for review and approval. The developer shall obtain a right
Department
of way construction pennit, and post a security (Performance and
Labor & Materials Bonds) in an amount approved by the City
Development Services
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
Engineer and in a form approved by the City Attorney for the
construction of all required public improvements within the City
street right of way of Lincoln Avenue. Improvements shall conform
to the applicable City Standards and as approved by the City
Engineer.
14
A cash -in -lieu payment based on the project engineer's cost estimate,
Public Works
in an amount determined by the City Engineer to be sufficient to pay
for future street widening along Lincoln Avenue, shall be paid to the
Department
City of Anaheim.
Development Services
15
A Right of Way Construction Permit shall be obtained from the
Public Works
Development Services Division for all work performed in the public
Department
right-of-way.
Development Services
16
The developer shall construct a five (5) foot wide sidewalk at
Public Works
ultimate right of way and a fourteen (14) foot wide landscaped
Department
public parkway and trees, curb adjacent, or as approved by the City
Development Services
Engineer. The proposed irrigation line and meter shall be connected
to the private main.
17
The developer shall construct all improvements along the project's
Public Works
frontage on Lincoln Avenue. The improvements shall include but
Department
not limited to curb and gutter, pavement, driveway, ADA ramps,
Development Services
water meters removals, sewer improvements, etc. As determined
and approved by the City Engineer. The developer's engineer shall
submit to the City for review and approval an engineering cost
estimate for the cost of the required improvements.
18
The applicant shall submit to the Public Works Development
Public Works
Services Division for review and approval a Certificate of
Department
Compliance document. The document shall be approved by the City
Development Services
Surveyor and recorded, along with conforming deed, in the office
of the Orange County Recorder.
19
All backflow equipment shall be located above ground outside of
Public Utilities Water
the street setback area in a manner fully screened from all public
Engineering
streets and alleys. 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.
20
All requests for new water services, backflow equipment, or fire
Public Utilities,
lines, as well as any modifications, relocations, or abandonments of
existing water services, backflow equipment, and fire lines, shall be
Water Engineering
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
coordinated and permitted through Water Engineering Division of
the Anaheim Public Utilities Department.
21
The Owner/Developer shall submit to the Public Utilities
Public Utilities,
Department Water Engineering Division an estimate of the
Water Engineering
maximum fire flow rate and maximum day and peak hour water
demands for the project. This 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.
22
The vehicle gate at the project driveway shall be installed at a
Public Works
minimum 42 feet back from the ultimate Right -of -Way along
Department
Lincoln Avenue and shall be clearly identified on the building plans.
Traffic Engineering
23
Submit a Solid Waste Management Plan (SWMP) to the Public
Public Works
Works Department for review and approval.
Department,
Operations Division
24
The final location of the trash enclosure/bin shall be reviewed and
Public Works
approved by the Public Works Department, Operations Division
Department,
prior to installation.
Operations Division
25
A Landscape and Irrigation Plan shall be submitted and approved
Planning and Building
by the Planning and Building Department. The Landscape Plan
Department,
shall clearly identify the trees, shrubs and groundcover within the
Planning Services
front setback area, and along the residential property.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
26
All public improvements shall be constructed by the developer,
Public Works
inspected and approved by Construction Services prior to the final
Department
building and zoning inspection.
Development Services
27
All remaining fees/deposits required by Public Works department
Public Works
must be paid in full.
Department
Development Services
28
All required on-site Water Quality Management Plan, sewer, storm
Public Works
drain, and public right of way improvements shall be completed,
Department
operational, and are subject to review and approval by the Public
Development Services
Works inspector.
29
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
Department
clearly labeled on building plans.
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
Traffic Engineering
30
The applicant shall contract with the City's trash hauler for scout
Public Works
services for the bin to be taken to an alternate area for service.
Department,
Operations Division
31
Owner/Developer shall install an approved backflow prevention
Public Utilities,
assembly on the water service connection(s) serving the property,
behind property line and building setback in accordance with Public
Water Engineering
Utilities Department Water Engineering Division requirements.
32
Prior to connection of electrical service, the legal owner shall
Public Utilities
provide to the City of Anaheim a Public Utilities easement with
Electrical Engineering
dimensions as shown on the approved utility service plan.
33
Prior to connection of electrical service, the legal owner shall
Public Utilities
submit payment to the City of Anaheim for service connection fees.
Electrical Engineering
GENERAL CONDITIONS
34
The trash bin(s) shall be stored out of public view.
Public Works
Department,
Operations Division
35
Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.
Planning and Building
Monday through Saturday, and 8:00 a.m. to 6:00 p.m. on Sundays.
Department,
Planning Services
36
On-site management shall be present during the hours of operation
Planning and Building
(when the facility is open to the public).
Department,
Planning Services
37
The following operational restrictions shall be adhered to:
Planning and Building
1. Propane tanks are allowed, provided that the proper
Department,
Building and Fire Permits are obtained.
Planning Services
2. No audible vehicle alarms shall be permitted.
Building Division
3. No on-site maintenance or repair of vehicles shall be
Fire Department
permitted.
4. No storage of inoperable vehicles shall be permitted.
5. No canopies or overhead coverings of any kind shall be
permitted.
6. No overnight camping or occupancy of RV's shall be
permitted.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
38
That lighting fixtures in any proposed parking area and any other
Planning and Building
security lighting located adjacent to any residential property shall
Department,
be down -lighted with a maximum height of twelve (12) feet. The
Planning Services
lighting fixtures shall be directed away from adjacent residential
property lines to protect the residential integrity of the area and said
information shall be specified on the plans submitted for building
permits.
39
SECURITY MEASURES
Police Department
1. The site shall be equipped with a comprehensive security
alarm system (silent or audible) for the following coverage
areas:
• Perimeter building and access route protection.
• High valued storage areas.
• Interior building door to shipping and receiving area.
• Perimeter fence and security gating.
i. Including fenced parking area for RV's
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.
3. Closed circuit television (CCTV) security camera are
recommended throughout the site.
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 tape.
6. CCTV recordings should be kept for a minimum of 30 days
before recorded over.
7. CCTV videotapes should not be recorded over more than 10
times per tape. Use of digital recording equipment as an
alternative to videotape is encouraged.
LIGHTING:
1. 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.
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
40
The following minimum clearances shall be provided around all
Public Utilities
new and existing public water facilities (e.g. water service laterals,
Water Engineering
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.
41
No public water mains or laterals allowed under parking stalls or
Public Utilities
parking lots.
Water Engineering
42
Any graffiti painted or marked upon the business premises or on
Planning and Building
any adjacent area under the control of the business owner shall be
Department,
removed or painted over within 24 hours of being applied or
Code Enforcement
discovered by the business owner.
Division
43
The facility shall be operated in accordance with the Letter of
Planning and Building
Request submitted as part of this application. Any changes to the
Department,
business operation, as described in that document, shall be subject
to review and approval by the Planning Director to determine
Planning Services
substantial conformance with the Letter of Request and to ensure
Division
compatibility with the surrounding uses.
44
All new landscaping shall be installed in conformance with Chapter
"Landscape
planning and Building
18.46 and Screening" of the Anaheim Municipal Code
Department,
and shall be maintained in perpetuity. Landscaping shall be
replaced in a timely manner in the event that it is removed,
Planning Services
damaged, diseased and/or dead.
Division
45
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.
46
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from any
Planning Services
and all claims, actions or proceedings brought against Indemnitees
to attack, review, set aside, void, or annul the decision of the
Division
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
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
47
The property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
petitioner, which plans are on file with the Planning Department,
and as conditioned herein.
Planning Services
Division
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