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Resolution-PC 2010-048RESOLUTION NO. PC2010 -048 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 32 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05506 AND VARIANCE NO. 2010 -04816 (DEV2010- 00079) (406 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 -05506 and Variance No. 2010 -04816 to permit an outdoor marketplace with a front landscaped setback less than required by Code, for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference; and WHEREAS, the property is currently vacant and is located in the I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay, Neighborhood Commercial District) zone and the Anaheim General Plan designates the property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 2010, at 3:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed Conditional Use Permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. The request to permit an outdoor marketplace is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.010 (Retail Sales Outdoors) of the Anaheim Municipal Code, 2. The proposed outdoor marketplace will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be Iocated because it will be located adjacent to a major arterial highway within the Downtown area. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheim because the proposed marketplace will be located adjacent to a major arterial highway within the Downtown area. A parking demand study was prepared by the City's independent parking and traffic consultant, Kimley Horn and Associates, Inc, and the study concluded that a maximum demand of 82 spaces would be needed to accommodate all of the combined uses. A total of 83 on -site parking spaces, and 40 off -site spaces in a City -owned parking lot at the northeast corner of Anaheim Boulevard and Broadway, will be provided for the 1 PC2010 -048 entire development project (brewery, restaurant, and marketplace). Therefore, the proposed parking will be adequate for to accommodate the entire development project. 4. 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 volume of traffic planned for the streets and highways in the area. 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 and will provide a land use that is compatible with the surrounding area because the proposed use will be located adjacent to a major arterial highway within the Downtown area. WHEREAS, said Commission does further find and determine that the request for a variance of the following Code Section should be approved for the following reasons: (a) SECTION NO. 18.08.060.010 Front landscaued setback. (15 -foot setback required adjacent to Anaheim Boulevard; 0 feet proposed) 1. The variance is hereby approved because there are unique circumstances applicable to this property because it contains a historically- significant building with no front setback and is adjacent to other historic buildings in the Downtown area that have no or reduced setbacks, such as the Citrus Packing House and Elm Street commercial building across the street. In addition, there are special circumstances applicable to the property as it has street frontages on three sides, including a public alley on two sides, and will have no vehicular access from Anaheim Boulevard, thereby resulting in a pedestrian orientation from the front a a vehicular orientation from the rear, 2. The variance is hereby approved because a reduced landscape setback would be appropriate for this unique pedestrian- oriented, historically- significant project at the entryway to the Anaheim Colony Historic District based on the principles contained in the Community Design Element of the General Plan and the Anaheim Colony Design Guidelines. More specifically, the principles in the Guidelines encourage commercial streets that are scaled to the pedestrian, public spaces, gathering places, focal points, public art, and landmarks located near pedestrian streets within the downtown core. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15332, Class 32 (Infill Development Projects) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05506 and Variance No. 2010 -04816 subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of 2 PC2010 -048 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 Anaheim Municipal 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(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Conditional Use Permit and Variance are approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City Initiated. Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 Anaheim Municipal Zoning 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTII was adopted at the Planning Commission meeting of June 21, 2010. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRI'I�AN;'A &HEI CITY PLANNING COMMISSION 3 PC2010 -048 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 21, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of June 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -048 APNs: 037- 023 -09 037 -023 -11 037 -023 -12 037 -023 -13 luo �-S'P�TA ANA 5�r EXHIBIT "A" DEV2010 -00079 Source: Recorded Tract Maps and/or City CIS. Please note the accuracy is +1- two to five feet. 10970 5 PC2010 -048 EXHIBIT B" CONDITIONAL USE PERMIT NO. 2010-05506 VARIANCE NO. 2010-04816 (DEV2010- 00079) NO. CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 (Marketplace Rendering), and as conditioned herein. 2 Plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 and the Greater Downtown of Anaheim Guide for Development pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 3 Street Improvement plans for Anaheim Boulevard, Claudina Street, and the public alleys shall be submitted to the Public Works Department. Obtain a Right -of -Way Construction Permit from the Development Services Division. Improvements shall conform to the Greater Downtown Anaheim Guideline and approved by the City Engineer. Prior to the issuance of a building permit, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. 4 The property owner /developer shall submit to the Public Works /Development Services Division, for review and approval, a Water Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall: Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. Incorporate applicable Routine Source Control BMPs. Incorporate Treatment Control BMPs. Describe the long -term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. 5 The property owner shall irrevocably offer to dedicate to the City Public Works 6 SIGNED REVIEW BY OFF BY Planning Public Works Traffic Public Works Development Services Public Works Development Services PC2010 -048 of Anaheim the easements per street right -of -way section for streets, public utilities and other public purposes for Anaheim Boulevard and the public alleys. 6 A final site plan and letter of operation shall be submitted to the Planning Department for Planning Commission review as a "Reports and Recommendations" item. GENERAL CONDITIONS 7 The business is responsible for maintaining free of litter the area adjacent to the premises over which they have control. 8 Trash shall not be emptied into outside trash containers between the hours of 10 p.m. to 7 a.m. daily. 9 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. 10 There shall be no entertainment, amplified music, or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. 11 The any permitted event or activity shall not create sound levels, which violate any ordinance of the City of Anaheim as described in Section 4.16.100.010 of the Anaheim Municipal Code. 12 The activities occurring in connection with the operation of this establishment shall not cause noise disturbance to surrounding properties. 13 No required parking area shall be fenced -off or otherwise enclosed for outdoor storage uses. 7 14 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within two (2) business days from the time of discovery. 15 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits Development Services Planning Code Enforcement Code Enforcement Police Police Police Police Code Enforcement Code Enforcement Code Enforcement Public Works Sanitation PC2010 -048 PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 16 The property owner/developer shall: Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. Demonstrate that the property owner/developer is prepared to implement all non- structural BMPs described in the Project WQMP Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Public Works Development Services 17 Improvements for Anaheim Boulevard, Claudina Street, and the Public Works public alleys shall be completed per the Public Works Department Development street right of way requirements. Obtain a Right -of -Way Services Construction Permit from the Development Services Division. 8 PC2010 -048 RESOLUTION NO. PC2010 -048 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 32 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05506 AND VARIANCE NO. 2010 -04816 (DEV2010- 00079) (406 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 -05506 and Variance No. 2010 -04816 to permit an outdoor marketplace with a front landscaped setback less than required by Code, for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference; and WHEREAS, the property is currently vacant and is located in the I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay, Neighborhood Commercial District) zone and the Anaheim General Plan designates the property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 2010, at 3:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed Conditional Use Permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. The request to permit an outdoor marketplace is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.010 (Retail Sales Outdoors) of the Anaheim Municipal Code, 2. The proposed outdoor marketplace will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be Iocated because it will be located adjacent to a major arterial highway within the Downtown area. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheim because the proposed marketplace will be located adjacent to a major arterial highway within the Downtown area. A parking demand study was prepared by the City's independent parking and traffic consultant, Kimley Horn and Associates, Inc, and the study concluded that a maximum demand of 82 spaces would be needed to accommodate all of the combined uses. A total of 83 on -site parking spaces, and 40 off -site spaces in a City -owned parking lot at the northeast corner of Anaheim Boulevard and Broadway, will be provided for the 1 PC2010 -048 entire development project (brewery, restaurant, and marketplace). Therefore, the proposed parking will be adequate for to accommodate the entire development project. 4. 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 volume of traffic planned for the streets and highways in the area. 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 and will provide a land use that is compatible with the surrounding area because the proposed use will be located adjacent to a major arterial highway within the Downtown area. WHEREAS, said Commission does further find and determine that the request for a variance of the following Code Section should be approved for the following reasons: (a) SECTION NO. 18.08.060.010 Front landscaued setback. (15 -foot setback required adjacent to Anaheim Boulevard; 0 feet proposed) 1. The variance is hereby approved because there are unique circumstances applicable to this property because it contains a historically- significant building with no front setback and is adjacent to other historic buildings in the Downtown area that have no or reduced setbacks, such as the Citrus Packing House and Elm Street commercial building across the street. In addition, there are special circumstances applicable to the property as it has street frontages on three sides, including a public alley on two sides, and will have no vehicular access from Anaheim Boulevard, thereby resulting in a pedestrian orientation from the front a a vehicular orientation from the rear, 2. The variance is hereby approved because a reduced landscape setback would be appropriate for this unique pedestrian- oriented, historically- significant project at the entryway to the Anaheim Colony Historic District based on the principles contained in the Community Design Element of the General Plan and the Anaheim Colony Design Guidelines. More specifically, the principles in the Guidelines encourage commercial streets that are scaled to the pedestrian, public spaces, gathering places, focal points, public art, and landmarks located near pedestrian streets within the downtown core. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15332, Class 32 (Infill Development Projects) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05506 and Variance No. 2010 -04816 subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of 2 PC2010 -048 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 Anaheim Municipal 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(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Conditional Use Permit and Variance are approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City Initiated. Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 Anaheim Municipal Zoning 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTII was adopted at the Planning Commission meeting of June 21, 2010. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRI'I�AN;'A &HEI CITY PLANNING COMMISSION 3 PC2010 -048 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 21, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of June 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -048 APNs: 037- 023 -09 037 -023 -11 037 -023 -12 037 -023 -13 luo �-S'P�TA ANA 5�r EXHIBIT "A" DEV2010 -00079 Source: Recorded Tract Maps and/or City CIS. Please note the accuracy is +1- two to five feet. 10970 5 PC2010 -048 EXHIBIT B" CONDITIONAL USE PERMIT NO. 2010-05506 VARIANCE NO. 2010-04816 (DEV2010- 00079) NO. CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 (Marketplace Rendering), and as conditioned herein. 2 Plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 and the Greater Downtown of Anaheim Guide for Development pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 3 Street Improvement plans for Anaheim Boulevard, Claudina Street, and the public alleys shall be submitted to the Public Works Department. Obtain a Right -of -Way Construction Permit from the Development Services Division. Improvements shall conform to the Greater Downtown Anaheim Guideline and approved by the City Engineer. Prior to the issuance of a building permit, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. 4 The property owner /developer shall submit to the Public Works /Development Services Division, for review and approval, a Water Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall: Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. Incorporate applicable Routine Source Control BMPs. Incorporate Treatment Control BMPs. Describe the long -term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. 5 The property owner shall irrevocably offer to dedicate to the City Public Works 6 SIGNED REVIEW BY OFF BY Planning Public Works Traffic Public Works Development Services Public Works Development Services PC2010 -048 of Anaheim the easements per street right -of -way section for streets, public utilities and other public purposes for Anaheim Boulevard and the public alleys. 6 A final site plan and letter of operation shall be submitted to the Planning Department for Planning Commission review as a "Reports and Recommendations" item. GENERAL CONDITIONS 7 The business is responsible for maintaining free of litter the area adjacent to the premises over which they have control. 8 Trash shall not be emptied into outside trash containers between the hours of 10 p.m. to 7 a.m. daily. 9 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. 10 There shall be no entertainment, amplified music, or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. 11 The any permitted event or activity shall not create sound levels, which violate any ordinance of the City of Anaheim as described in Section 4.16.100.010 of the Anaheim Municipal Code. 12 The activities occurring in connection with the operation of this establishment shall not cause noise disturbance to surrounding properties. 13 No required parking area shall be fenced -off or otherwise enclosed for outdoor storage uses. 7 14 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within two (2) business days from the time of discovery. 15 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits Development Services Planning Code Enforcement Code Enforcement Police Police Police Police Code Enforcement Code Enforcement Code Enforcement Public Works Sanitation PC2010 -048 PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 16 The property owner/developer shall: Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. Demonstrate that the property owner/developer is prepared to implement all non- structural BMPs described in the Project WQMP Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Public Works Development Services 17 Improvements for Anaheim Boulevard, Claudina Street, and the Public Works public alleys shall be completed per the Public Works Department Development street right of way requirements. Obtain a Right -of -Way Services Construction Permit from the Development Services Division. 8 PC2010 -048