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Resolution-PC 2014-018RESOLUTION NO. PC2014 -018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012 -05650 AND VARIANCE NO. 2013 -04957 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00053) (1952 WEST LA PALMA AVENUE AND 934 -954 NORTH KEYSTONE STREET) WHEREAS, on March 9, 1967, and subject to certain conditions of approval, the Anaheim Planning Commission (hereinafter referred to as the "Planning Commission "), by its Resolution No. PC67 -42, did approve Conditional Use Permit No. 922 to permit the expansion of an existing private school on that certain real property located at 1952 West La Palma Avenue and 934 -954 North Keystone Street in the City of Anaheim, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, on September 8, 1988, the Anaheim Zoning Administrator, by its Resolution No. ZA88 -53, approved Variance No. 3833 to permit an existing patio cover with waiver of minimum structural setback; and WHEREAS, on March 4, 1996, the Planning Commission, by its Resolution No. PC96- 30, approved Conditional Use Permit No. 3824 to permit a baseball storage room at an existing private high school; and WHEREAS, on November 25, 1996, the Planning Commission, by its Resolution No. PC96 -119, approved Conditional Use Permit No. 3880 to permit a new 2 -story classroom addition and remodel an existing classroom building in conjunction with an existing private school with waivers of maximum structural height and minimum number of parking spaces. On September 23, 2002, the Planning Commission, by its Resolution No. PC2002 -142, approved an amendment to this permit to construct a new parking lot on two adjoining single family residential zoned lots; and WHEREAS, on October 11, 1999, the Planning Commission, by its Resolution No. PC99 -181, approved Conditional Use Permit No. 4154 to permit a freestanding electronic readerboard sign in conjunction with an existing private high school; and WHEREAS, on June 26, 2006, the Planning Commission, by its Resolution No. PC2006- 60, approved Conditional Use Permit No. 2006 -05104 to permit two modular classroom buildings in conjunction with the existing private high school. On August 20, 2007, the Planning Commission, by its Resolution No. PC2007 -101, approved an amendment to this permit to permit an additional modular classroom building; and WHEREAS, the Planning Commission did receive a verified petition for Conditional Use Permit No. 2012 -05650 to retain an existing student enrollment that is higher than permitted under previous entitlements and to expand the existing Servite High School campus to include the demolition of four single family homes, construction of a new aquatics center and parking lot, reorientation of the existing baseball field with 30 -foot high fencing and 10 -foot high block walls, relocation of the music and weight room buildings, replacement lighting for the track and football field, and consolidation of the five parcels along Keystone Street into the main - 1 - PC2014 -018 school campus property and Variance No. 2013 -04957 to permit a reduced front yard setback along Keystone Street, fencing that is higher than permitted by the Anaheim Municipal Code (the "Code "), and less parking than required by Code (herein referred to as the "Proposed Project "), pursuant to Section 18.60.190 of the Code for the Property; and WHEREAS, the Property is approximately 15.8 -acres in size and is developed with the Servite High School campus. The five properties on Keystone Street to be consolidated into the campus are developed with four single family homes and a vacant parcel. The zoning for the high school property is Transition (T). The zoning for the residential parcels are Single Family Residential (RS -2). The General Plan designates the school property for School land uses and the five residential properties for Low Density Residential land uses; and WHEREAS, on January 27, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against the proposed Conditional Use Permit No. 2012 -05650 and Variance No. 2013 - 04957, and to investigate and make findings and recommendations in connection therewith. The hearing was continued at the request of the applicant to the regular meeting of the Planning Commission held on February 10, 2014 so that the request could be amended and re- noticed to allow the applicant to retain an existing student enrollment of 950 students, whereas 850 students were approved under previous entitlements; this request was also re- noticed to include a parking variance; 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 (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 draft Mitigated Negative Declaration ( "MND ") was prepared to evaluate the physical environmental impacts of the Proposed Project. Moreover, the City provided a notice of intent to adopt the MND in accordance with the requirements of Section 15072 of the CEQA Guidelines. The MND was circulated for a 30 -day public review period from December 16, 2013 through January 17, 2014. A complete copy of the Initial Study and MND is on file and can be viewed in the City's Planning Department 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 Program ( "MMP ") has been prepared for the proposed Project and includes mitigation measures that are specific to the proposed Project; and -2- PC2014 -018 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 10, 2014 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, at said public hearing, the Planning Commission did not receive evidence and reports, including any written and verbal comments received during the public review period concerning the contents and sufficiency of the MND and responses thereto; and WHEREAS, based upon a review of the Proposed Project and the MND, the MMP and the Initial Study, this Planning Commission has considered the proposed MND, together with any comments and responses received during the public review process, and finds on the basis of the whole record before it that (i) the MND reflects the independent judgment and analysis of the City; (ii) potentially significant impacts of the proposed Project have been eliminated or reduced to a level considered less than significant with the implementation of the mitigation measures contained in the MMP; and (iii) there is no substantial evidence that the Proposed Project will have a significant effect on the environment; 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. 2012- 05650, does find and determine the following facts: 1. The request to permit the proposed Project is properly one for which a conditional use permit is authorized under Sections 18.04.030.010 and 18.14.030.010 (Educational Institutions— General) of the Code. 2. The proposed Project will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the Proposed Project has been designed to be compatible with surrounding residential uses and mitigation measures have been included to reduce or eliminate and potential adverse impacts. 3. The size and shape of the site for the proposed Project is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic, and circulation without creating detrimental effects on adjacent properties. 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 vehicular circulation is designed to minimize impacts on the surrounding properties. 5. The granting of Conditional Use Permit No. 2012 -05650 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. -3- PC2014 -018 WHEREAS, the Planning Commission does further find and determine that the request for and Variance No. 2013 -04957 for a reduced front setback, less parking than required by Code, and maximum fence height should be approved for the following reasons: SECTION NO. 18.04.100.010 Minimum front setback. (25 feet required; 12 feet proposed) SECTION NO. 18.42.040.00 Minimum number of parking spaces. (575 spaces required; 344 spaces proposed) SECTION NO. 18.46.110.030 Maximum Fence Height. (6 feet high permitted; 8 to 30 feet high proposed) 1. There are special circumstances applicable to the Property, including size, shape, topography, location or surroundings, which do not apply to other property under the identical zoning classification in the vicinity because unique circumstances apply to the properties along Keystone Street. These properties are unique in that the RS -2 zone development standards, including the applicable setback and fence height requirements, are intended to address the development of residential structures. These residential standards limit the applicant's ability to build a 10 -foot high bleacher wall that would be lower than the height of a typical one -story residence. Although encroaching into a required setback area, the height and proposed landscape treatment of the bleacher wall will ensure that it does not degrade the visual appearance of the surrounding neighborhood. In addition, unique circumstances apply to the requested fence /wall height variance due to the school's location in the middle of a residential neighborhood. Because the school property is completely surrounded by residential uses, the height of perimeter fencing is limited to six feet. However, a six foot high fence located along the south and west property lines would expose the adjacent residential properties to noise and physical impacts that would be greatly reduced by providing a taller screening structure. 2. That the parking variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because parking demand studies were prepared by IBI Group and The Planning Center determining that the proposed number of parking spaces within the school campus would be sufficient to accommodate all of the uses on the site, including the new 25 space parking lot to be constructed adjacent to the proposed aquatic center. In addition, the school proposes to implement a parking management plan to prevent spillover parking into the surrounding neighborhood. 3. That the parking variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking within the school will adequately accommodate the peak parking demands of the proposed expansion and the other uses on the site; and -4- PC2014 -018 4. That the parking variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on -site parking for the school will adequately accommodate peak parking demands of all uses on the site; and 5. That the parking variance, under the conditions imposed, if any, will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and 6. That the parking variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on -site circulation, and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the school. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby adopt the MND and the MMP, which documents shall remain on file with the City's Planning Division, which shall act as the custodian of records for said documents and the record of the proceedings upon which its decision is based. BE IT FURTHER RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2012 -05650 and Variance No. 2013 -04957 for the Property, subject to the conditions of approval described 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 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. 2012 -05650 and Variance No. 2013 -04957 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 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. 2012 -05650 and Variance No. 2013 -04957 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. -5- PC2014 -018 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 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 findings hereinabove set forth. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amend and hereby replaces in their entirety the previous conditions of approval contained in Resolution Nos. PC67 -42, ZA88 -53, PC96 -30, PC96 -119, PC99 -181, PC2002 -142, PC2006 -60 and PC2007 -101; therefore, the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 10, 2014. 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. eAm CHAIR PROITEMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: r SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2014 -018 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 February 10, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 10 day of February, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2014 -018 EXHIBIT "A" DEV NO. 2012 -00053 APN: 072 - 131 -01 072 - 463 -06 072 - 463 -05 Y- /FWT N 072 - 463 -03 072 - 463 - W LA PALMA AVE 072 - 463 -04 662' 00 tk� W DOGWOOD AVE 125' r> V) co Q co 00 t � U z 126' Q z LU w Y z A v 634' N W CATALPA AVE O z z © r o c Source: Recorded Tract Maps and /or City GI& Feet Please note the accuracy is +/- two to five feet. -8- PC2014 -018 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2012-05650 AND VARIANCE NO. 2013-04957 (DEV2012- 00053) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO ISSUANCE OF BUILDING PERMIT 1 Prior to approval of permits for improvement plans, the property Public owner /developer shall coordinate with Electrical Engineering to Utilities, establish electrical service requirements and submit electric Electrical System plans, electrical panel drawings, site plans, elevation Engineering plans, and related technical drawings and specifications. Division 2 Prior to connection of electrical service, the legal owner shall Public provide to the City of Anaheim a Public Utilities easement with Utilities, dimensions as shown on the approved utility service plan. Electrical Engineering Division 3 The owner shall submit detailed lighting plans demonstrating Planning light levels (horizontal and vertical) along adjacent residential Department property lines. Light levels that exceed 2.0 footcandles at any portion of a residential property line shall trigger the following offers: • Servite High School shall provide an offer to fund blinds, shutters or other means acceptable to the homeowners to block spillover light from entering ballfield- facing windows. This offer shall be made to the homeowners 60 days prior to and payment made at least 30 days prior to the first lighting of the field. A homeowner's refusal to accept payment shall not be considered Servite's failure to accomplish this mitigation requirement. Any written documentation pertaining to this mitigation measure shall be provided to the Planning Department. • The mitigation payment shall not exceed $2,000 per impacted residences. • This mitigation applies to the following addresses, or as revised pursuant to the final lighting plans: 930, 924, 920, 914 and 910 N. Keystone and 1939 W. Catalpa Avenue. • After initial completion, each luminaire and shields affixed on the pole shall be situated and adjusted so that lighting levels on residential property lines are minimized and are compliance with the final detailed lighting plans submitted to the City. After the appropriate burn -in time for the lights, Servite High School shall take measurements to confirm these levels have been achieved and submit same to the Planning Department. -9- PC2014 -018 - 10 - PC2014 -018 MM Aesthetics 1 4 Servite High School shall program evening use of the aquatic Planning center and baseball field so that lights are turned off by 7:00 Department p.m. and 9:30 p.m., respectively, consistent with the Event Management Plan. 5 Prior to issuance of each grading permit, the property Planning owner /developer shall submit a letter identifying the certified Department archaeologist that has been hired to ensure that the following actions are implemented: • The archaeologist must be present at the pre - grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. • Specimens that are collected prior to or during the grading process will be donated to the Cooper Center at California State University Fullerton. • Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. • A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. MM Cultural Resources 2 6 Prior to issuance of each grading permit, the property Planning owner /developer shall submit a letter identifying the certified Department paleontologist that has been hired to ensure that the following actions are implemented: • The paleontologist must be present at the pre - grading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. • Specimens that are collected prior to or during the - 10 - PC2014 -018 - 11 - PC2014 -018 grading process will be donated to the Cooper Center at California State University Fullerton. • Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. MM Cultural Resources 3 7 The building shall be equipped with an alarm system (silent or Police audible). Department 8 Any necessary address numbers shall be positioned so as to be Police readily readable from the street. Numbers should be visible Department during hours of darkness. 9 Complete a Burglary/Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Department prior to initial Department 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 The rear doors of the premises shall be numbered with the same Police address numbers or suite number of the business. Minimum Department height of 4 inches is recommended. 11 All exterior doors to have adequate security hardware, e.g. Police deadbolt locks. Department 12 All backflow equipment shall be located above ground outside Public of the street setback area in a manner fully screened from all Utilities public streets and alleys. Any backflow assemblies currently Department, installed in a vault will have to be brought up to current Water standards. Any other large water system equipment shall be Engineering installed to the satisfaction of the Water Engineering Division 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. 13 All requests for new water services, backflow equipment, or Public fire lines, as well as any modifications, relocations, or Utilities abandonments of existing water services, backflow equipment, Department, and fire lines, shall be coordinated and permitted through Water Water Engineering Division of the Anaheim Public Utilities Engineering Department. Division This is a project with a landscaping area exceeding 2,500 Public Li— 14 square feet. A Landscape Documentation Package and a Utilities - 11 - PC2014 -018 -12- PC2014 -018 Certification of Completion are required and a separate Department, irrigation meter shall be installed in compliance with Chapter Water 10.19 of Anaheim Municipal Code and Ordinance No. 6160 Engineering relating to landscape water efficiency. Division 15 All existing water services and fire services shall conform to Public current Water Services Standards Specifications. Any water Utilities service and /or fire line that does not meet current standards Department, shall be upgraded if continued use if necessary or abandoned if Water the existing service is no longer needed. The owner /developer Engineering shall be responsible for the costs to upgrade or to abandon any Division water service or fire line. 16 The owner shall irrevocably offer to dedicate to the City (i) an Public easement for all large domestic above ground water meters and Utilities fire hydrants, including a five foot wide easement around the Department, fire hydrant and /or water meter pad, (ii) a twenty foot wide Water easement for all water service laterals to the satisfaction of the Engineering Water Engineering Division. The easements shall be granted on Division the Water Engineering Division's standard water easement deed. The easement deeds shall include language that requires the owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls, or other landscaping that becomes damaged during any excavation, repair, or replacement of City owned water facilities. Provisions for the repair, replacement, and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the owner and included and recorded. 17 The owner shall submit to the Water Engineering Division an Public estimate of the maximum fire flow rate and maximum day and Utilities peak hour demands for the project. This information will be Department, used to determine the adequacy of the existing water system to Water provide the estimated water demands. Any off -site water Engineering system improvements required to serve the project shall be done Division in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 18 The existing 4 -inch backflow prevention device on the 4 -inch Public water meter and the existing 4 -inch backflow on the 4 -inch Utilities service serving the property are substandard and shall be Department, replaced. Water Engineering Division 19 Unless the owner intends to use them, the owner shall abandon Public all existing water services to address 934 -954 N. Keystone Utilities Street at the City main per City standards. Department, Water -12- PC2014 -018 - 13 - PC2014 -018 Engineering Division 20 There exists a capped municipal water well approximately five Public feet below the finished surface at 938 N. Keystone Street. The Utilities owner shall comply with State and City requirements when Department, excavating in the vicinity of the capped well. Water Engineering Division 21 Trash storage areas shall be provided and maintained in a location Public acceptable to the Public Works Department, Streets and Works - Streets Sanitation Division and in accordance with approved plans on file and with said Department. Said storage areas shall be designed, Sanitation located and screened so as not to be readily identifiable from Division adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 22 Prior to issuance of the grading permit, the applicant shall submit Public Works to the Public Works Development Services Division for review Department, and approval a Water Quality Management Plan that conforms Development to current Orange County Guidelines and Requirements as well Services as the City's WQMP Review Checklist. Division 23 Street improvement plans shall be submitted for all parkway Public Works related improvements adjacent to the project site to the Public Department, Works Department, Development Services Division for review Development and approval. These plans shall show both sides of all streets Services and alleys adjacent to the property, including all driveways and Division utility installations, signing and striping. Parkway landscaping shall be irrigated from the on -site water main. All improvements shall be installed and completed prior to the first final building and zoning inspection. 24 A bond securing the completion of the public improvements Public Works shall be posted in an amount approved by the City Engineer and Department, in a form approved by the City Attorney. Development Services Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 25 Ongoing during construction of the project, all construction Public Works traffic shall use La Palma Avenue to access and egress the Department, site. No construction traffic shall use residential streets, Development except for street improvements that may be necessary on Services Keystone Street. Division - 13 - PC2014 -018 26 All required WQMP items shall be inspected and operational. Public Works Department, Development Services Division 27 An all- weather access road as approved by the Fire Department Fire shall be provided during construction. Department GENERAL CONDITIONS 28 The maximum school enrollment shall not exceed 950 students. Planning Department 29 The school shall be operated in accordance with the two parking Planning studies, prepared by the IBI Group and The Planning Center, Department and the Parking Management Plan, prepared by the applicant, that were submitted as part of this application. Any changes to these plans shall be subject to review and approval by the Planning Director to determine substantial conformance with these documents to ensure compatibility with the surrounding uses. 30 Access to the aquatic complex and sports fields shall be from Planning the interior campus only. Department 31 Adequate lighting of parking lots, driveway, circulation areas, Police aisles, passageways, recesses and grounds contiguous to Department 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. 32 No required parking area shall be fenced or otherwise enclosed Planning for outdoor storage. Department, Code Enforcement Division 33 The applicant shall be responsible for maintaining the area Planning adjacent to the premises over which they have control, in an Department, orderly fashion through the provision of regular maintenance Code and removal of trash or debris. Any graffiti painted or marked Enforcement upon the premises or on any adjacent area under the control of Division the licensee shall be removed or painted over within 24 hours of being applied. 34 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days Department of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure -14- PC2014 -018 - 15 - PC2014 -018 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. 35 The Property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim Department by the applicant and which plans are on file with the Planning Department and as conditioned herein. 36 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents Department (collectively referred to 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. 37 The gate for the parking lot on the south side of the aquatic Planning center shall remain closed at all times except for emergency Department, purposes only. Code Enforcement Division - 15 - PC2014 -018