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Resolution-PC 2015-005RESOLUTION NO. PC2015 -005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014- 05759, DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2014 -00111 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE, APPROVING VARIANCE NO. 2014-04985, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00092) (1001 -1037 NORTH MAGNOLIA AVENUE AND 2610 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition for (i) Conditional Use Permit No. 2014 -05759 for the partial demolition and reconstruction of an existing retail center, to include a drive - through pharmacy, the renovation of the remaining portion of the center, the construction of a drive - through fast food restaurant with drive - through lanes, and to permit the alteration of two legal nonconforming signs, (ii) a determination of Public Convenience or Necessity to permit the sale of beer, wine and distilled spirits at the pharmacy with a Type 21 (Off Sale - General) Alcoholic Beverage Control ( "ABC ") license for off - premises consumption (herein referred to as "Public Convenience or Necessity No. 2014 - 00111 "), and (iii) Variance No. 2014 -04985 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") (collectively, the "Proposed Project ") for premises located at 1001 -1037 North Magnolia Avenue and 2610 West La Palma 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 (the "Property "); and WHEREAS, the Property is approximately 2.76 -acre in size and is developed with a retail center containing two retail buildings totaling approximately 31,682 square feet, large surface parking areas and five existing legal nonconforming pylon signs along Magnolia Avenue. The Land Use Element of the Anaheim General Plan designates the Property for Commercial- Neighborhood Center land uses. The Property is located within the "C -G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (General Commercial Zone) of the Code; and WHEREAS, a duly noticed public hearing was scheduled before the Planning Commission at the Civic Center in the City of Anaheim on January 12, 2015 at 5:00 p.m., which was continued to January 26, 2015 to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 2 — Replacement or Reconstruction of Existing Structures) which consists of the replacement or reconstruction of existing structures and facilities where the new structures will be located on the same site as the structures replaced and will have substantially the same size, purpose and capacity as the structures replaced, and that, therefore, pursuant to Section 15302 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically, exempt from the provisions of CEQA; and - 1 - PC2015 -005 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 request for Conditional Use Permit No. 2014 - 05759, does find and determine the following facts: 1. The request to permit a drive - through pharmacy and a drive - through fast food restaurant are allowable uses within the "C -G" Commercial Zone under Subsection .010 of Section 18.08.030 of the Code provided that a conditional use permit is approved. In addition, the request to permit a Type 21 (Off Sale - General) ABC license to permit the sale of beer, wine and distilled spirits at the proposed pharmacy for off - premises consumption is properly one for which a conditional use permit is authorized under Subsection .010 of Section 18.08.030 of the Code; 2. The proposed conditional use permit to permit the demolition and reconstruction of a portion of the existing buildings, the renovation of the remainder of the existing buildings, the construction of a fast food restaurant building and pharmacy with drive - through lanes, and the changes to the landscaping, parking and circulation would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the Proposed Project entails a complete renovation of the Property which will improve the aesthetics of the improvements on the Property and the overall appearance of the project site, and would not have an adverse effect on adjacent residential and commercial uses; 3. The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Proposed Project would reduce the overall total retail square- footage of the retail center while significantly improving the aesthetics of the Property and the overall appearance of the project site. Further, the drive - through lanes have been designed to minimize impacts onto the surrounding uses; and 4. The traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by the Proposed Project will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the future uses. Further, the proposed alley vacation is not anticipated to hinder circulation in the area and will eliminate a nuisance in the area; and 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would significantly improve the aesthetics of the buildings and the overall appearance of the project site is compatible with the surrounding area, subject to compliance with the conditions contained herein; and WHEREAS, under and pursuant to Subsection .020 of Section 18.56.060 (Nonconforming Signs) of the Code, the relocation and alteration of two of the existing legal non - conforming signs, as shown on the plans submitted by the applicant and on file with the Planning Department, will (a) not increase the height or area of the sign copy for either of the two signs and will bring the two signs closer into conformity with the Code, (b) improve the aesthetics of the two signs, and (c) not be detrimental under the conditions imposed to the health and safety of the citizens of the City of Anaheim. The two signs will be restored to resemble their original appearance and are proposed to be integrated with the proposed renovations to the retail center. -2- PC2015 -005 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 request for Determination of Public Convenience or Necessity No. 2014 - 00111, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R -134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "Public Convenience or Necessity" on those certain applications for a liquor license requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by ABC. 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a liquor license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by the issuance of a license. For purposes of Section 23958, "undue concentration" means the case in which the premises are located in an area where any of the following conditions exist: (a) The premises are located in a crime reporting district that has a lower number of "reported crimes" (as defined in Section 23958.4) than the average number of reported crimes as determined from all crime reporting districts within the City of Anaheim. (b) As to on -sale retail license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which the premises are located exceeds the ratio of on -sale retail licenses to population in the county. (c) As to off -sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the premises are located exceeds the ratio of off -sale retail licenses to population in the county. 3. Notwithstanding the existence of the above - referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations; and, when the sale of alcoholic beverages for off - premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. -3- PC2015 -005 5. The Property is located within Census Tract 868.01 with a population of 3,267 that allows for one (1) off -sale ABC license. There are presently five (5) off -sale ABC licenses in the tract. The Property is located in Police Reporting District No. 1517, which has a crime rate that is below the City -wide average; however, the Police Department evaluates these requests based on the crime rate within a one - quarter mile radius of the premises for the subject site. The crime rate within 1 /4 mile of this Property is 72% above the City -wide average based upon calls for service. Since there is an over - concentration in the number of ABC licenses within the census tract, a determination of "public convenience or necessity" is required to be made for this request. 6. A determination of "public convenience or necessity" can be made based on the finding that the requested license, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim because the sales of beer, wine and distilled spirits at this location will be a small percentage of overall sales for the proposed pharmacy business and an incidental commodity provided by the proposed drug store. 7. The sale of beer, wine and distilled spirits is ancillary to the primary business operations of the proposed pharmacy business and would serve as an added convenience to residents and visitors to the area who choose to shop at this establishment. WHEREAS, the Planning Commission does further find and determine that the request for Variance No. 2014 -04985 to allow fewer parking spaces than required by the Code in conjunction with the existing restaurant, including an outdoor patio, should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (177 spaces required; 124 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the all uses on site than the number of such spaces necessary to accommodate all vehicles attributable to such uses under the normal and reasonably foreseeable conditions of operation of such uses. A parking analysis was prepared by KOA Corporation, determining that the proposed number of parking spaces within the Property is sufficient to accommodate all future uses on site. A peer review of the parking analysis was also conducted by Kunzman Associates, Inc., which concurred with the conclusion of the analysis of KOA Corporation; 2. That the 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 Property because the proposed number of parking spaces within the Property is sufficient to accommodate all future uses on site, as determined by the KOA Corporation parking analysis and the Kunzman Associates, Inc. peer review; 3. That the 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 proposed number of parking spaces within the Property is sufficient to accommodate all future uses on site, as determined by the KOA Corporation parking analysis and the Kunzman Associates, Inc. peer review; -4- PC2015 -005 4. That the 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 5. That the 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 Property; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014 - 05759, Determination of Public Convenience or Necessity No. 2014 -00111 and Variance No. 2014- 04985, 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 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(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -5- PC2015 -005 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 26, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 January 26, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of January, 2015. GC SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -6- PC2015 -005 CHAIRMAN PRO- TEMPORE, PLANNING COMMISSION OF THE CITY OF ANAHEIM EXHIBIT "A" DEV NO. 2014 -00092 d d 105' --+ 0 Z M �] d 135 z co v v o CW LICIDAD CIR 0 0 M 220' f- u Lj LL d z LU CL J Z u" 50 100 Feet �, PRO ABANC H G!'1 LL! O d IT- Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -7- PC2015 -005 W LA PALA AVE EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014-05759, DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00111 AND VARIANCE NO. 2014-04985 (DEV2014- 00092) -8- PC2015 -005 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT WITHIN 30 DAYS OF APPROVAL OF THE CONDITIONAL USE OR BUILDING PERMIT, WHICHEVER OCCURS FIRST 1 Owner shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line Public Utilities and building setback in accordance with Public Utilities Department Water Engineering Water Engineering Division requirements. PRIOR TO ISSUANCE OF GRADING PERMITS 2 The applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that conforms with current Orange County Guidelines and Requirements as well as the City's WQMP Review Checklist. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as Public Works minimizing impervious areas, maximizing permeability, Development minimizing directly connected impervious areas, creating reduced Services 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 3 If the disturbed area is greater than an acre, the applicant shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Public Works Water Resources Control Board and a copy of the subsequent Development notification of the issuance of a Waste Discharge Identification (WDID) Services Number. The applicant shall prepare and implement a Storm Water Pollution Prevention Plan ( SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. -8- PC2015 -005 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 4 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim (a) a 53 -foot wide easement for street and public utility purposes from the centerline of Magnolia Avenue, (b) a 60 -foot wide Public Works easement for street and public utility purposes from the centerline of La Development Palma Avenue and (c) a 30 -foot wide easement for street and public Services utility purposes from centerline of Felicidad Street. The form of the offer to dedicate shall be acceptable to the City Engineer. PRIOR TO ISSUANCE OF BUILDING PERMITS 5 The detailed landscape and irrigation plans submitted for planning staff review and approval shall be revised to reflect the proposed site plan as Panning Division approved by the Planning Commission. 6 Plans shall be submitted with the building permit submittal showing an eight -foot high block wall, as measured at grade from within the project site, adjacent to Felicidad Street, the public alley along the south property line, and the two residential properties. Said block wall shall include Panning Division openings every three feet along the base of the wall to allow clinging vines to grow on the outside of the wall along Felicidad Street and the public alley along the southerly property line. 7 Plans shall be submitted with the building permit submittal showing all fire lanes posted with "No Parking Any Time." These improvements Public Works shall be installed and completed prior to the first final building and Traffic zoning inspection. 8 The developer shall submit to Public Works, Development Services Public Works Division for review and approval of the City Council, the Abandonment Development application of Public Alley. Services 9 The developer shall submit street improvement plans to the Public Works Department, Development Services Division to improve Magnolia Public Works Avenue, La Palma Avenue and Felicidad Street, in conformance with Public Works Standard Detail 160 -A. A Right -of -Way Construction Development Permit shall be obtained from the Development Services Division for all Services work performed in the right -of -way. 10 The developer shall post security to guarantee the construction of public Public Works works improvements in an amount approved by the City Engineer and in Development a form approved by the City Attorney. Services 11 That a private water system with separate water service for fire protection and domestic water shall be provided and shown on plans Public Utilities submitted to the Water Engineering Division of the Anaheim Public Water Engineering Utilities Department. -9- PC2015 -005 - 10 - PC2015 -005 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 12 That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Public Utilities Public Utilities Department Water Engineering Division outside of Water Engineering the street setback area in a manner full y screened from all pubic streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 13 That all requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and Public Utilities Water Engineering fire lines shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 14 That all existing water services and fire services shall conform to current Water Services Standard Specifications. Any water service and/or fire line that does not meet current standards shall be Public Utilities upgraded if continued use if necessary or abandoned if the existing Water Engineering service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 15 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above - ground water meters and fire hydrants, including a five (5) -foot wide easement around the fire hydrant and /or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to Public Utilities be responsible for restoring any special surface improvements, other Water Engineering than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or 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 in the Master CC &R's for the project. - 10 - PC2015 -005 - 11 - PC2015 -005 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 16 That the developer /owner shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine Public Utilities the adequacy of the existing water system to provide the estimated Water Engineering water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 17 That individual water service and /or fire line connections will be required for each parcel or residential, commercial, industrial unit per Public Utilities Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. Water Engineering 18 There are no existing backflow prevention devices on the water meters serving the property. Prior to any approval of plans, Applicant shall contact Water Engineering Cross Connection Control to determine Public Utilities requirements for installing backflow prevention devices at the meter Water Engineering or internally. 19 All new water service connections shall for this development shall be locate on Magnolia Avenue. No new service connections will be Public Utilities allowed on La Palma Avenue. Water Engineering 20 No public water mains or laterals allowed under parking stalls or Public Utilities parking lots. Water Engineering 21 Construction documents shall be submitted to the Building Division for plan review. Building Division PRIOR TO FINAL BUILDING AND ZONING INSPECTION 22 All required street improvements shall be constructed, subject to review Public Works and approval by the Construction Services inspector. Development Services 23 The 20 -foot wide public alley right of way at the south end of the Public Works property shall be abandoned. The legal property owner shall complete Development the abandonment application case ABA2014 -00288 and request approval of the City Council. Services 24 The legal owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Public Works Services Division. A Certificate of Compliance or Conditional Certificate Development of Compliance shall be approved by the City Engineer and recorded in Services the Office of the Orange County Recorder. - 11 - PC2015 -005 - 12 - PC2015 -005 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 25 The legal property owner shall provide to the City of Anaheim a 10 -foot wide Public Utility Easement within the 20 foot public alley right of way Public Works abandonment area, as required by the Public Utilities, Electrical Development Division. Services ON -GOING DURING PROJECT OPERATIONS 26 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 27 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of Police Department alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 28 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 29 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. No alcohol shall be sold, exchanged, or Police Department distributed through the drive through window. 30 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these Police Department premises. 31 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 32 There shall be no amusement machines, video game devices or pool tables maintained upon the premises at any time. Police Department 33 The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE Police Department SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. 34 Loitering is prohibited on or around these premises or this area under the control of the licensee(s). Police Department - 12 - PC2015 -005 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 35 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the Police Department position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 36 Managers /Owners need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact Police Department number is 714 -558 -4101. 37 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over Police Department within 24 hours of being applied. 38 Buildings shall be pre -wired for a comprehensive security alarm system (silent or audible) for the following coverage areas: • Perimeter of building and access route protection. • High valued storage areas. Police Department • Interior building door to shipping and receiving area. • Perimeter fence and security gating. 39 Address numbers shall be positioned so as to be readily readable from the street. Number should be illuminated during hours of darkness. Police Department 40 Rear entrance doors shall be numbered with the same address numbers or suite number of the business. Minimum height of 4" recommended. Police Department 41 Rooftop address numbers for the police helicopter. Minimum size 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers shall be spaced 12" to 18" apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Police Department Numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. 42 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 43 Wide -angle peepholes or other viewing device shall be installed in solid Police Department doors where natural surveillance is compromised. 44 The locks shall be so constructed that both the deadbolt and deadlocking Police Department latch can be retracted by a single action of the inside doorknob /lever /turn piece. - 13 - PC2015 -005 -14- PC2015 -005 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 45 Overhead roll -up doors shall also be secured on the inside that the lock Police Department cannot be defeated from the outside and shall be secured with a cylinder lock or padlock from the inside. 46 Large store /business display windows shall consist of burglary resistant Police Department glazing or its equivalent that attaches to the frame. 47 All glass skylights on the roof of any building shall be provided with: Police Department • Rated burglary resistant glass or glass -like acrylic material or • Security bars of at least ''/2" round steel, or 1" by 1 /4 " flat steel material, spaced no more than 5" apart under the skylight and securely fastened. • Steel grill of at least 1/8" material under the skylight and securely fastened. 48 All hatchway openings on the roof of any building shall be secured as Police Department follows: • If the hatchway is of wooden material, if shall be covered on the outside with at least 16 -gauge sheet steel or its equivalent attached with screws. • Outside hinges on all hatchway openings shall be provided with non - removable pins when using pin -type hinges. 49 A Knox box shall be installed at hatchway to allow Police /Fire access to Police Department interior. 50 Exterior roof access ladder shall be relocated within the building's main Police Department resident tenant space. Exterior ladders allow easy roof access for criminals, etc. 51 All air duct or air vent openings exceeding 8" x 12" on the rooftop or Police Department exterior walls of any building shall be secured by covering the same with either of the following: • Security bars of at least '' /2" round steel, or 1" by 1 /4 " flat steel material, spaced no more than 5" apart and securely fastened. • A steel grill of at least 1/8" material and securely fastened or • If the barrier is secured to the outside of the structure, it shall be secured with galvanized rounded head flush bolts of at least 3/8" diameter on the outside. 52 Monument signs and addresses shall be well lighted during hours of Police Department darkness. -14- PC2015 -005 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 53 All exterior doors shall have their own light source, which shall Police Department adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 54 Landscaping shall be of the type and situated in locations to maximize Police Department observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows. 55 Trees shall not be planted close enough to the structure to allow easy Police Department access to the roof, or shall be kept trimmed to make climbing difficult. 56 Minimum recommended lighting level in all parking lots is .5 foot - candle Police Department maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 57 "No Trespassing 602(k) P.C." posted at the entrances of parking Police Department lots /structures and located in other appropriate places. Signs must be at least 2' x F in overall size, with white background and black 2" lettering. 58 All entrances to parking areas shall be posted with appropriate signs per Police Department 22658(a) C.V.C., to assist in removal of vehicles at the property owners /managers request. GENERAL 59 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the planning Department, applicant and which plans are on file with the Planning Department, and Planning Services as conditioned herein. Division 60 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans planning Department, Planning Services submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, Division landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 61 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits Planning Department, for this project, whichever occurs first. Failure to pay all charges shall Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. - 15 - PC2015 -005 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 62 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (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 Planning Department, made prior to the decision, or to determine the reasonableness, legality or Planning Services validity of any condition attached thereto. The Applicant's Division 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. - 16 - PC2015 -005