Resolution-PC 2016-008RESOLUTION NO. PC2016-008
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2015-05815 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2015-00071)
(2337-2415 SOUTH MANCHESTER AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for (i) Conditional Use Permit No. 2015-05815 to
permit the construction of a 120 -unit attached, single-family residential project (the "Project")
with modified development standards, i.e., a reduction in setback requirements of the "RM -4"
Multiple -Family Residential Zone, and (ii) Variance No. 2015-05046 to allow a six-foot high
fence within the front setback instead of a three-foot high fence, as required under Section
18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening)
of the Anaheim Municipal Code (the "Code"), for that certain real property located at 2337-2415
South Manchester 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, Conditional Use Permit No. 2015-05815 and Variance No. 2015-05046 are
proposed in conjunction with a request (i) to rezone or reclassify the Property from the "T"
Transition, "C -G" General Commercial and Mobile Home Park (MHP) Overlay Zones to the
"RM -4" Multiple -Family Residential Zone, which reclassification is designated as
"Reclassification No. 2015-00282", and (ii) for approval of a tentative tract map to permit a 120 -
lot single-family, attached residential subdivision of the Property, which is designated as
"Tentative Tract Map No. 17920". Reclassification No. 2015-00282, Conditional Use Permit
No. 2015-05815, Variance No. 2015-05046, Tentative Tract Map No. 17920, and the Project
shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, all development within the "RM -4" Multiple -Family Residential Zone is
subject to the approval by the Planning Commission of a conditional use permit pursuant to
Subsection .030 of Section 18.06.160 (Residential Planned Unit Development) of the Code.
Pursuant to subsection .030 of Section 18.06.160 (Residential Planned Unit Development), the
minimum setbacks set forth in Section 18.06.090 (Structural Setbacks) may be modified in order
to achieve a high quality project design, privacy, livability, and compatibility with surrounding
uses. If approved, Conditional Use Permit No. 2015-05815 will permit the reduction in the
street setbacks and setbacks between buildings requirements of the "RM -4" Multiple -Family
Residential Zone for the Property; and
WHEREAS, subsequent to giving notice of said public hearing, it was determined that
Variance No. 2015-05046 was not warranted. Accordingly, Variance No. 2015-05046 has been
eliminated as a part of the petitioner's request and is not a part of the Proposed Project; and
WHEREAS, the Property is approximately 5.5 acres in size. A portion of the Property is
located in the "T" Transition Zone and the balance of the Property is located in the "C -G"
General Commercial Zone. The Property is also located within the Mobile Home Park (MHP)
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Overlay Zone meaning that the regulations contained in Chapter 18.26 (Mobile Home Park
(MHP) Overlay Zone) of the Anaheim Municipal Code (the "Code") apply in addition to and,
where inconsistent therewith, shall supersede any regulations of the "T" Transition Zone or the
"C -G" General Commercial Zone, as the case may be. The Property is designated on the Land
Use Element of the General Plan for "Medium Density Residential" uses; 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, a draft Mitigated Negative Declaration ("MND") was prepared to
evaluate the physical environmental impacts of the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 327") has been prepared
for the Proposed Project and includes mitigation measures that are specific to the Proposed
Project; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January, 25, 2016 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 for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and
the City's Local CEQA Procedure Manual, this Planning Commission found and determined that
the Proposed Project will have a less than significant impact upon the environment with the
implementation of the conditions of approval and the mitigation measures attached to that
concurrent Resolution and contained in MMP No. 327, and approved and adopted the Mitigated
Negative Declaration and MMP No. 327; and
WHEREAS, pursuant to Subsection .030 of Section 18.06.160 (Residential Planned Unit
Development), this Planning Commission, after due consideration, inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, including the plans submitted by the applicant, does hereby find and
determine the following facts with respect to Conditional Use Permit No. 2015-05815:
1. The uses within the Project are compatible with the surrounding land uses;
2. New buildings or structures related to the Project are compatible with the
scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided
the existing buildings conform with the provisions of the Zoning Code;
3. Vehicular and pedestrian access are adequate;
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4. The Project is consistent with any adopted design guidelines applicable to the
Property;
5. The size and shape of the site proposed for the proposed Project is adequate to
allow the full development of the proposed use in a manner not detrimental to the
particular area;
6. 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;
7. The impact upon the surrounding area has been mitigated to the maximum
extent practicable;
8. The Project complies with the General Plan;
9. The proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 17920, including its design and improvements, will, upon approval
thereof, comply with the Subdivision Map Act; and
10. 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.
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby approve and adopt Conditional Use
Permit No. 2015-05815, contingent upon and subject to: (1) the adoption by the City Council of
an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property
to the "RM -4" Multiple -Family Residential Zone under Reclassification No. 2015-00282, and (2)
the adoption by this Planning Commission of a resolution approving Tentative Tract Map No.
17920, all of which entitlements are now pending; (3) the mitigation measures set forth in MMP
No. 327, and (4) 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.
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BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 25, 2016. 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.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on January 25, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: NONE
2016. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00071
Source: Recorded Tract Maps and/or City GIS.
�J Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05815
(DEV2015-00071)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO ISSUANCE OF A GRADING PERMIT
1
The applicant shall submit to the Public Works Department,
Public Works,
Development Services Division, for review and approval, a Water
Development Services
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
2
Prior to issuance of the grading permit and right-of-way construction
Public Works,
permit for the storm drain and sewer, whichever occurs first, a Save
Development Services
Harmless agreement in -lieu of an Encroachment Agreement for any storm
drains connecting to a City storm drain is required to be executed by the
property owner, approved by the City and recorded in the Office of the
Orange County Recorder.
3
Prior to final grading approval, the developer shall obtain and record a
Public Works,
drainage acceptance letter signed by the adjacent legal property owner, the
Development Services
mobile home park at 2300 Lewis Street, for acceptance of flow.
4
That the developer shall submit a set of improvement plans for Public
Public Utilities, Water
Utilities Department review and approval in determining the conditions
Engineering
necessary for providing water service to the project.
5
Prior to grading plan approval, the applicant shall submit a Drainage
Public Works,
Study prepared by a registered professional Civil Engineer in the State of
Development Services
California. The Study shall be based upon and reference the latest
edition of the Orange County Hydrology Manual and the applicable City
of Anaheim Master Plan of Drainage for the project area. All drainage
sub -area boundaries per the Master Plan for Drainage shall be
maintained. The Study shall include: an analysis of 10-, 25- and 100 -year
storm frequencies; an analysis of all drainage impacts to the existing
stone drain system based upon the ultimate project build -out condition;
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
and address whether off-site and/ or on-site drainage improvements (such
as detention/ retention basins or surface runoff reduction) will be
required to prevent downstream properties from becoming flooded.
Finish floor elevation shall be one foot above sump condition at 100 year
storm event.
6
Prior to grading plan approval, the applicant shall demonstrate that
Public Works,
coverage has been obtained under California's General Permit for
Development Services
Stormwater Discharges Associated with Construction Activity by providing
a copy of the Notice of Intent (NOI) submitted to the State Water
Resources Control Board and a copy of the subsequent notification of the
issuance of a Waste Discharge Identification (WDID) Number. The
applicant shall prepare and implement a Stormwater 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.
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
7
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i)
Public Utilities, Water
an easement for all large domestic above -ground water meters and fire
Engineering
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 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 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 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&Rs for the project.
8
The developer/owner shall submit to the Public Utilities Department,
Public Utilities, Water
Water Engineering Division an estimate of the maximum fire flow rate
Engineering
and maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off-site water
system improvements required to serve the project shall be done in
accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and
Regulations.
9
The owner shall submit s set of improvement plans for review and
Public Utilities, Water
approval in determining the conditions necessary for providing water
Engineering
service to the project.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
10
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities,
meter, Hersey Residential Fire Meter with Translator Register, no equals.
Water Engineering
11
Individual water service and/or fire line connections will be required
Public Utilities,
for each parcel or residential, commercial, industrial unit per Rule 18
Water Engineering
of the City of Anaheim's Water Rates, Rules and Regulations.
12
The Owner shall be responsible for restoring any special surface
Public Utilities,
improvements, other than asphalt paving, within any right-of-way,
Water Engineering
public utility easement or City easement area including but not limited
to colored concrete, bricks, pavers, stamped concrete, walls, decorative
hardscape or landscaping that becomes damaged during any
excavation, repair or replacement of City owned water facilities.
Provisions for maintenance of all said special surface improvements
shall be included in the recorded Master C, C & R's for the project
and the City easement deeds.
13
A minimum of two connections to public water mains and water looping
Public Utilities,
inside the project are required.
Water Engineering
14
The following minimum horizontal clearances shall be maintained
Public Utilities,
between proposed water main and other facilities:
Water Engineering
- 10 -feet minimum separation (outside wall -to -outside wall)
from sanitary sewer mains and laterals, and any
buildings, footings, and walls
- 5 -feet minimum separation from all other utilities,
including storm drains, gas, and electric
- 6 -feet minimum separation from curb face
15
This condition of approval was deleted during the public hearing.
16
This condition of approval was deleted during the public hearing.
17
This condition of approval was deleted during the public hearing.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
18
Excluding model homes, the final map shall be submitted to and
Public Works,
approved by the City of Anaheim Department of Public Works and the
Development Services
Orange County Surveyor for technical review and that all applicable
conditions of approval have been complied with and then shall be filed in
the Office of the Orange County Recorder.
19
All backflow equipment shall be located above ground outside of the
Public Utilities,
street setback area in a manner fully screened from all public streets and
Water Engineering
alleys. Any backflow assemblies currently installed in a vault will have
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
to be brought up to current standards. Any other large water system
equipment shall be installed to the satisfaction of the Water Engineering
Division outside of the street setback area in a manner fully screened
from all public streets and alleys. Said information shall be specifically
shown on plans and approved by Water Engineering and Cross
Connection Control Inspector.
20
All requests for new water services, backflow equipment, or fire lines, as
Public Utilities,
well as any modifications, relocations, or abandonments of existing water
Water Engineering
services, backflow equipment, and fire lines, shall be coordinated and
permitted through the Water Engineering Division of the Anaheim Public
Utilities Department.
21
This is a project with a landscaping area exceeding 2,500 square feet, a
Public Utilities,
Landscape Documentation Package and a Certification of Completion
Water Engineering
are required and a separate irrigation meter shall be installed in
compliance with Chapter 10. 19 of Anaheim Municipal Code and
Ordinance No. 6160 relating to landscape water efficiency.
22
All existing water services and fire services shall conform to current
Public Utilities,
Water Services Standards Specifications. Any water service and/or fire
Water Engineering
line that does not meet current standards shall be upgraded if continued
use is necessary or abandoned if the existing service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
23
Water improvement plans and approved design shall be submitted. The
Public Utilities,
legal property owner shall post a security to complete the required
Water Engineering
improvements. The improvements shall be completed prior to Final
Building and Zoning Inspections.
24
The property owner/developer shall coordinate with Electrical
Public Utilities,
Engineering to establish electrical service requirements and submit
Electrical Engineering
electric system plans, electrical panel drawings, site plans, elevation
plans, and related technical drawings and specifications.
25
The legal owner shall provide to the City of Anaheim a Public Utilities
Public Utilities,
easement with dimensions as shown on the approved utility service plan.
Electrical Engineering
26
The legal owner shall submit payment to the City of Anaheim for service
Public Utilities,
connection fees.
Electrical Engineering
27
Prior to issuance of the first building permit, excluding model homes, the
Public Works,
final map shall be submitted to and approved by the City of Anaheim
Development Services
Department of Public Works and the Orange County Surveyor for
technical review and that all the applicable conditions of approval have
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
been complied with and then shall be filed in the office of the Orange
County Recorder.
28
The LAFCO boundary reconfiguration shall be approved and recorded
Public Works,
prior to approval of the final tract map.
Development Services
29
Prior to issuance of the first building permit, the final map shall be
Public Works,
submitted to and approved by the City of Anaheim Department of Public
Development Services
Works and the Orange County Surveyor for technical review and that all
applicable conditions of approval have been complied with and then shall
be filed in the Office of the Orange County Recorder.
30
A maintenance covenant shall be submitted to the Subdivision Section and
Public Works,
approved by the City Attorney's office. The covenant shall include
Development Services
provisions for maintenance of private facilities such as private sewer,
private streets, and private storm drain improvements; compliance with
approved Water Quality Management Plan; and a maintenance exhibit.
Maintenance responsibilities shall include all drainage devices, parkway
landscaping and irrigation on Manchester Ave, the private street name signs
and the Private Streets. The covenant shall be recorded concurrently with
the final map.
31
That prior to final map approval, street improvement plans shall be
Public Works,
submitted for improvements along the frontage of Manchester Avenue.
Traffic Division
Improvements shall conform to the City Standards and as approved by the
City Engineer. Parkway landscaping and irrigation shall be installed on the
public streets. Prior to final map approval, a bond shall be posted in an
amount approved by the City Engineer and in a form approved by the City
Attorney.
32
The property owner shall irrevocably offer to dedicate to the City of
Public Works,
Anaheim an easement in Manchester Avenue for road, public, utilities
Traffic Division
and other public purposes. The width of the easement shall include the
existing road improvements and terminate at 10 feet back of the existing
curb in the west side of the existing road. The legal property owner shall
post a security and execute a Subdivision Agreement to complete the
required public improvements at the legal owner's expense in an amount
approved by the City Engineer and in a form approved by the City
Attorney. Said agreement shall be submitted to the Public Works
Department, Subdivision Section for approval by the City Council.
33
Sewer collection services for the Project shall be provided either: (1) by
Public Works,
the City of Orange under the terms and conditions of an Out -of -Area
Development Services
Sewer Service Agreement mutually agreeable to the legislative bodies of
the City of Orange and the City of Anaheim; or, in the absence of such
an agreement, (2) in conformance with all applicable local, state and
federal, statutes, ordinances, regulations, resolutions, policies, standard
plans, permits or other requirements of the City of Anaheim.
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
If an Out -of -Area Sewer Service Agreement is approved by the
legislative bodies of the two cities, the applicant shall:
(a) Apply to the City of Orange for sewer service for the
Project in compliance with the terms and provisions of
the Out -of -Area Sewer Service Agreement, including, but
not limited, to the preparation and submittal of
construction plans for the connection of the sewer system
improvements servicing the Project to the sewer system
of the City of Orange in compliance with all applicable
local, state and federal, statutes, ordinances, regulations,
resolutions, policies, standard plans, permits or other
requirements of the City of Orange; and
(b) Secure from the City of Orange all permits and approvals
deemed necessary and appropriate by the City of Orange
for connection of the sewer system improvements
servicing the Project to the sewer system of the City of
Orange; and
(c) Pay any and all fees and charges related thereto,
including City of Orange sewer installation charges.
34
Prior to issuance of building permit, a private sewer easement shall be
Public Works,
granted through adjacent property in favor of Lot No. 1 for sewer
Development Services
connections to City of Orange.
35
That prior to the issuance of a building permit, a Stop Sign, Stop Bar, and
Public Works,
Stop Legend shall be installed on the eastbound approach of the Project
Traffic Engineering
Driveway at Manchester Avenue prior per the latest versions of
Engineering Standard Details 434 and 435. Subject property shall
thereupon be developed and maintained in conformance with said plans.
36
Plans shall show stop signs on the private drive and a stop legend painted
Public Works,
on the drive aisles per the latest versions of Engineering Standard Details
434 and 435. Subject property shall thereupon be developed and
Traffic Engineering
maintained in conformance with said plans.
37
Prior to the issuance of building permits for Lot 10, Street Improvement
Public Works,
Plans for the required Line of Sight design feature (re -stripe of
Traffic Engineering
Manchester Avenue) shall be submitted to both the City of Anaheim and
City of Orange for review and approval. Said improvements shall be
completed at the applicant's expense.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
38
Prior to the issuance of building permits for Lot 10, the improvements
Public Works,
associated with the Street Improvement plans for the required Line of
Traffic Engineering
Sight design feature (re -stripe of Manchester Avenue) shall be
implemented, completed, and signed off by the Public Works Inspector.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
39
Address numbers shall be positioned so as to be readily readable from the
Police Department
street. Numbers shall be visible during hours of darkness.
40
Fire lanes shall be posted with "No Parking Any Time." Said
Public Works,
information shall be specifically shown on plans submitted for reiterate
Traffic Engineering
building permits.
41
That curbs adjacent to the drive aisles shall be painted red to prohibit
Public Works,
parallel parking in the drive aisles. Red curb locations shall be clearly
Development Services
labeled on building plans.
42
The required public improvements shall be installed prior to final zoning
Public Works,
and building inspection.
Development Services
43
All required WQMP items shall be inspected and operational.
Public Works,
Development Services
44
All required public street, landscaping, irrigation, sewer and drainage
Public Works,
improvements shall be constructed prior to final building and zoning
Development Services
inspections and are subject to review and approval by the Construction
Services inspector.
ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS
45
Any Graffiti painted or marked upon the premises or on any adjacent
Police Department
area under the control of the licensee shall be removed or painted over
within 24 hours of being applied.
46
Trash storage areas shall be provided and maintained in a location
Public Works
acceptable to the Public Works Department, Streets and Sanitation Division
Department, Streets and
and in accordance with approved plans on file with said Department. Said
Sanitation Division
storage areas shall be designed, located and screened so as not to be readily
identifiable from 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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
GENERAL
47
The subject Property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services
applicant and which plans are on file with the Planning Department, and
Division
as conditioned herein.
48
Conditions of approval related to each of the timing milestones above shall
Planning Department,
be prominently displayed on plans submitted for permits. For example,
Planning Services
conditions of approval that are required to be complied with prior to the
Division
issuance of building permits shall be provided on plans submitted for
building plan check. This requirement applies to grading permits, final
maps, street improvement plans, water and electrical plans, landscape
irrigation plans, security plans, parks and trail plans, and fire and life
safety plans, etc.
49
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
Division
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
50
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees") from any and all claims,
Division
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.
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