Resolution-PC 2018-018RESOLUTION NO. PC2018-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05928 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00068)
(3270 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred
to as the "Planning Commission") did receive a verified petition for Conditional Use Permit
No. 2017-05928 to permit the construction of a new 1,649 square foot fast food restaurant
with a drive-through lane, at a certain real property located at 3270 West Lincoln Avenue
in the City of Anaheim, County of Orange, State of California, as generally depicted on
Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property, currently vacant and approximately 0.35 -acre in size,
is designated for Low Medium Density Residential land uses by the Anaheim General Plan.
The Property is located in the "C -G" General Commercial Zone and is subject to the zoning
and development standards contained in Chapter 18.08 (Commercial Zones) of the Code;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 19, 2018 at 5:00 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of Chapter
18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2017-05928 (the "Proposed Project"), and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred
to as "CEQA"), the State of California Guidelines for Implementation of the California
Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred
to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is
the "lead agency" for the preparation and consideration of environmental documents for
the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the Proposed
Project is within that class of projects (i.e., Class 3 — New Construction) which consists of
construction and location of limited numbers of new, small facilities or structures, and that,
therefore, pursuant to Section 15303 of the CEQA Guidelines, the Proposed Project will
not cause a significant effect on the environment and is, therefore, categorically exempt
from the provisions of CEQA; and
WHEREAS, this 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 2017-05928,
does find and determine the following:
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1) That the proposed use is properly one for which a conditional use permit is
authorized by the Code which allows a drive-through restaurant facility in the General
Commercial (C -G) Zone subject to approval of a conditional use permit pursuant to Section
18.08.030 of the Code; and
2) That the proposed use will not adversely affect the adjoining land uses, or
the growth and development of the area in which it is proposed to be located in that the
Proposed Project has been designed to be compatible with surrounding commercial and
residential uses. The proposed drive-through lane has a sufficient capacity to accommodate
the maximum anticipated number of queueing vehicles where the traffic flow on the main
adjacent drive aisle is not anticipated to be impeded, and stacking onto public streets is not
expected. In addition, the one story building will be in scale with the surrounding uses and
a landscape buffer will be provided around the drive-through lane; and
3) That the size and shape of the site proposed for the use 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 in that the Proposed Project has been designed to
comply with all Code requirements, including parking, setbacks, building height, and
landscaping; and
4) That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because the traffic generated by this use will not exceed the anticipated volumes of traffic
on the surrounding streets and adequate parking will be provided to accommodate the
proposed use; and
5) That the granting of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City
of Anaheim in that the impact upon the surrounding area has been mitigated to the
maximum extent practicable in that site development standards proposed for the Proposed
Project are consistent with the development standards of the "C -G" General Commercial
zone; and;
WHEREAS, this Planning Commission determines that the evidence in the
record constitutes substantial evidence to support the actions taken and the findings made
in this Resolution, that the facts stated in this Resolution are supported by substantial
evidence in the record, including testimony received at the public hearing, the staff
presentations, the staff report and all materials in the project files. There is no substantial
evidence, nor are there other facts, that detract from the findings made in this Resolution.
This Planning Commission expressly declares that it considered all evidence presented and
reached these findings after due consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings,
this Planning Commission does hereby approve Conditional Use Permit No. 2017-05928
contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto
and incorporated herein by this reference, which are hereby found to be a necessary
prerequisite to the proposed use of that portion of the Property for which Conditional Use
Permit No. 2017-05928 is applicable in order to preserve the health, safety and general welfare
of the citizens of the City of Anaheim. Extensions for further time to complete conditions of
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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 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 March 19, 2018. 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.
CHAIRPERSON, 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 March 19, 2018, by
the following vote of the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LIEBERMAN
2018.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of March,
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SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2017-00068
APN: 135-312-19
mm
W LINCOLN AVE W LINCOLN AVE
31 107'
0 0
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130'
w
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2
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LU
3
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W CABOT DR
Source: Recorded Tract Maps and/or Ci GIS.
° Please note the accuracy is+ /- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05928
(DEV2017-00068)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
1
The legal property owner shall submit to the City for review and
Planning and Building
approval a Reciprocal Easement Agreement (REA) between the
Department, Planning
project site and the adjacent commercial center (APN# 135-312-20)
Services Division
for the purposes of shared access and maintenance. The REA (i) must
run with the land in perpetuity, (ii) shall inure to the benefit of, and be
Public Works
enforceable by, the City by any legal or equitable means against any
Department,
person or persons in actual possession of the properties who directly
Development Services
or through any agent violate the terms hereof; and (iii) shall not be
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modified, supplemented or amended without the City's prior written
consent. The REA shall be reviewed and approved by the City
City Attorney
Attorney prior to its execution and recordation in the Official Records
of the County of Orange. The REA shall be recorded prior to issuance
of the grading permit for the Proposed Project. A copy of the recorded
covenant shall then be submitted to the Planning Department. The
covenant shall be referenced in all deeds transferring all or any part of
the interest in the property.
2
The legal property owner shall irrevocably offer to dedicate to the City
Public Works
of Anaheim, for road, public utilities and other public purposes, the
Department,
right-of-way easements described below:
Development Services
• Seven (7) feet in width on Lincoln Avenue and a corner
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cutback at Lincoln Avenue and Westchester Street.
3
The Proposed Project's Grading Plans, Soils Report, Drainage Report,
Public Works
and Sewer Study shall be submitted for review and approval to the
Department,
Public Works Development Services Division.
Development Services
Division
4
The final Water Quality Management Plan (WQMP) shall be
Public Works
submitted for review and approval to the Public Works Development
Department,
Services Division and comply with the most current requirements of
Development Services
the Orange County Drainage Area Management Plan (DAMP).
Division
5
Prior to issuance of the grading permit or right-of-way construction
Public Works
permit for the storm drain and sewer, whichever occurs first, a Save
Department,
Harmless agreement in -lieu of an Encroachment Agreement is
Development Services
required to be executed, approved by the City and recorded by the
Division
applicant on the property for any storm drains connecting to a City
storm drain.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6
The applicant shall demonstrate that coverage has been obtained
Public Works
under California's General Permit for Stormwater Discharges
Department,
Associated with Construction Activity by providing a copy of the
Development Services
Notice of Intent (NOI) submitted to the State Water Resources Control
Division
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 upon request.
7
The developer/owner shall submit a set of improvement plans for
Public Utilities,
Public Utilities Water Engineering review and approval in
Water Engineering
determining the conditions necessary for providing water service to
Division
the project.
PRIOR TO THE ISSUANCE OFA BUILDING PERMIT
8
The developer shall submit street improvement plans, obtain a right-
Public Works
of -way construction permit, and post a security (Performance and
Department,
Labor & Materials Bonds) in an amount approved by the City
Development Services
Engineer and in a form approved by the City Attorney for the
Division
construction of all required public improvements within the City street
right-of-way of Lincoln Avenue. Improvements shall conform to the
applicable City Standards and as approved by the City Engineer.
9
A cash in -lieu payment based on the project engineer's cost estimate,
Public Works
in an amount determined by the City Engineer to be sufficient to pay
Department,
for future street widening along Lincoln Avenue, shall be paid to the
Development Services
City of Anaheim.
Division
10
The applicable Citywide Traffic Impact Fee shall be paid to the City
Public Works
of Anaheim, in an amount established by the City Council
Department,
Ordinance/Resolution.
Traffic Engineering
Division
11
Building plans shall show conformance with the following
Public Works
Engineering Standards:
Department,
• Current version of Engineering Standard Detail 115 pertaining
Traffic Engineering
to driveway design, sight distance, visibility for signs,
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landscaping, and fence/wall locations and pertaining to
commercial driveway radii, subject to the approval of the City
Engineer; and
• Current version of Engineering Standard Details 436 and 470
pertaining to parking standards. The subject property shall
thereupon be developed and maintained in conformance with
said plans.
12
Building plans shall clearly label the location of red curbs adjacent to
Public Works
the drive aisles. Curbs adjacent to the drive aisles shall be painted red
Department,
to prohibit parallel parking in the drive aisles.
Traffic Engineering
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
13
Building plans shall show the removal of existing parking spaces on
Public Works
the adjacent commercial center (APN# 135-312-20) as shown on the
Department,
site plan on file with the Planning Department, to comply with
Traffic Engineering
Engineering Standard Detail No. 473. Planters shall be extended to
Division
cover the entire "No Parking" area to prevent vehicles from parking
in those locations. Such modification shall be completed prior to the
issuance of a Certificate of Occupancy.
14
The property owner/developer shall coordinate with Electrical
Public Utilities
Engineering to establish electrical service requirements and submit
Department,
electric system plans, electrical panel drawings, site plans, elevation
Electrical Engineering
plans, and related technical drawings and specifications.
Division
15
Prior to connection of electrical service, the legal owner shall provide
Public Utilities
to the City of Anaheim a Public Utilities easement with dimensions as
Department,
shown on the approved utility service plan.
Electrical Engineering
Division
16
Prior to connection of electrical service, the legal owner shall submit
Public Utilities
payment to the City of Anaheim for service connection fees.
Department,
Electrical Engineering
Division
17
A private water system with separate water service for fire protection
Public Utilities
and domestic water shall be provided and shown on plans submitted
Department,
to the Water Engineering Division of the Anaheim Public Utilities
Water Engineering
Department, or as otherwise approved by the Public Utilities
Division
Department and/or Fire Department.
18
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
Department,
and alleys. Any backflow assemblies currently installed in a vault will
Water Engineering
have to be brought up to current standards. Any other large water
Division
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.
19
All requests for new water services, backflow equipment, or fire lines,
Public Utilities
as well as any modifications, relocations, or abandonments of existing
Department,
water services, backflow equipment, and fire lines, shall be
Water Engineering
coordinated and permitted through Water Engineering Division of the
Division
Anaheim Public Utilities Department.
20
All existing water services and fire services shall conform to current
Public Utilities
Water Services Standards Specifications. Any water service and/or
Department,
fire line that does not meet current standards shall be upgraded if
Water Engineering
continued use is necessary or abandoned if the existing service is no
Division
longer needed. The owner/developer shall be responsible for the costs
to upgrade or to abandon any water service or fire line.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
21
The developer/owner shall submit to the Public Utilities Department
Public Utilities
Water Engineering Division an estimate of the maximum fire flow rate
Department,
and maximum day and peak hour water demands for the project. This
Water Engineering
information will be used to determine the adequacy of the existing
Division
water system to provide the estimated water demands. Any off-site
water system improvements required to serve the project shall be done
in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules,
and Regulations.
22
Final landscaping plans in compliance with all Code requirements
Planning & Building
shall be submitted for review and approval by the Planning and
Department,
Building Director or his/her designee, including the required vines on
Planning Services
the trash enclosure. Landscaping shall be installed prior to the
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issuance of a Certificate of Occupancy.
23
All signs shall comply with the Chapter 18.44 of the Zoning Code.
Planning & Building
Department,
Planning Services
Division
24
Locations for future above -ground utility devices including, but not
Planning and Building
limited to, electrical transformers, water backflow devices, gas,
Department,
communications and cable devices, etc., shall be shown on plans
Planning Services
submitted for building permits. Plans shall also identify the specific
Division
screening treatments of each device (i.e. landscape screening, color of
walls, materials, identifiers, access points, etc.) and shall be subject to
the review and approval of the appropriate City departments.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
25
All required on-site Water Quality Management Plan, sewer, storm
Public Works
drain, and public right-of-way improvements shall be completed,
Department,
operational, and are subject to review and approval by the
Development Services
Construction Services Inspector.
Division
26
The owner/developer shall install an approved backflow prevention
Public Utilities
assembly on the water service connection(s) serving the property,
Department,
behind property line and building setback in accordance with Public
Water Engineering
Utilities Department Water Engineering Division requirements.
Division
27
All exterior doors to have adequate security hardware, e.g. deadbolt
Police Department
locks, and have their own light source, which shall 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. The locks shall be
constructed so that both the deadbolt and deadlocking latch can be
retracted by a single action of the inside doorknob/lever/turn piece.
Wide-angle peepholes or other viewing device shall be installed in
solid doors where natural surveillance is compromised.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
28
Address numbers shall be positioned so as to be readily readable from
Police Department
the street (minimum height of 4 inches). Number should be
illuminated during hours of darkness, and rear entrance doors shall be
numbered in the same address numbers or suite number of the
business.
29
Rooftop address numbers for the police helicopter shall be installed.
Police Department
Minimum size 4' in height and 2' in width, and the lines of the
numbers are to be a minimum of 6" thick. Numbers should be spaced
12" to 18" apart. Numbers should be painted or constructed in a
contrasting color to the roofing material. Numbers should face the
street to which the structure is addressed. Numbers are not to be
visible from the ground level.
30
Building shall be equipped with a comprehensive security alarm
Police Department
system (silent or audible) for the following coverage areas:
• Perimeter of building and access route protection.
• High valued storage areas.
In addition, complete a Burglary/Robbery Alarm Permit application,
Form APD 516, and return it to the Police Department prior to initial
alarm activation. This form is available at the Police Department front
counter, or it can be downloaded from the following web site:
http://www.anaheim.net/article.asp?id=678
GENERAL
31
In an event that the vehicle queue reaches Westchester Drive, staff
Public Works
members shall be positioned at the end of the on-site queue near the
Department, Traffic
Westchester Drive entrance to direct traffic. This measure shall be
Engineering Division
implemented in as needed basis until the queue dissipates.
32
Any deliveries, including loading and unloading, shall be performed
Public Works
on site. Delivery vehicles shall not block any part of the public right-
Department, Traffic
of -way.
Engineering Division
33
The following minimum horizontal clearances shall be maintained
Public Utilities
between proposed water main and other facilities:
Department,
• 10 -feet minimum separation (outside wall -to -outside wall) from
Water Engineering
sanitary sewer mains and laterals
Division
• 5 -feet minimum separation from all other utilities, including
storm drains, gas, and electric
• 6 -feet minimum separation from curb face
• 10 -feet minimum separation from structures, footings, trees, and
stormwater BMPs.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
34
No public water mains or laterals shall be allowed under parking stalls
Public Utilities
or parking lots.
Department,
Water Engineering
Division
35
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
Department,
equals.
Water Engineering
Division
36
Adequate lighting of parking lots, passageways, recesses, and grounds
Police Department
contiguous to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly visible the
presence of any person on or about the premises during the hours of
darkness and provide a safe, secure environment for all person,
property, and vehicles on-site.
37
Monument signs and addresses shall be well lighted during hours of
Police Department
darkness.
38
Security measures (e.g. Closed Circuit Television security camera,
etc.) shall be provided to the satisfaction of the Anaheim Police
Department to deter unlawful conduct of employees and patrons,
promote the safe and orderly assembly and movement of persons and
vehicles and to prevent disturbances to the neighborhood by excessive
noise created by patrons entering or leaving the premises. Once
Police Department
approved, a copy of the security plan shall be maintained with the
Police Department Vice Detail and the Planning Department. Any
amendments to the plan shall be approved by the Chief of Police or
his/her designee and shall also be filed with the Police Department
Vice Detail and the Planning Department.
39
"No Trespassing 602(k) P.C." shall be posted at the entrances of
Police Department
parking lots/structures and located in other appropriate places. Signs
must be at least 2' x 1' in overall size, with white background and
black 2" lettering.
40
All entrances to parking areas shall be posted with appropriate signs
Police Department
per 22658(a) C.V.C., to assist in removal of vehicles at the property
owners/managers request.
41
Any tree planted on-site shall be replaced in a timely manner in the
Planning and Building
event that it is removed, damaged, diseased and/or dead. That the
Department,
property shall be permanently maintained in an orderly fashion by
Code Enforcement
providing regular landscape maintenance, removal of trash or debris,
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and removal of graffiti within two (2) business days from time of
discovery.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
42
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
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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.
43
The subject property shall be developed substantially in accordance
Planning and Building
with the plans and specifications submitted to the City of Anaheim by
Department,
the applicant and which plans are on file with the Planning
Planning Services
Department.
Division
44
Approval of this application constitutes approval of the proposed
Planning and Building
request only to the extent that it complies with the Anaheim Municipal
Department,
Zoning Code and any other applicable City, State and Federal
Planning Services
regulations. Approval does not include any action or findings as to
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compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
45
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application. 1
11
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