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Resolution-PC 2018-039RESOLUTION NO. PC2018-039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05950 AND VARIANCE NO. 2018-05100 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00090) (4880 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2017-05950 to permit the construction of a new 5 -story self -storage facility, including an increase in the maximum floor area ratio (F.A.R.) allowed by the Zoning Code, and Variance No. 2018-05100 to permit fewer parking spaces than allowed by the Zoning Code (collectively, the "Proposed Project") for premises located at 4880 East 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 3.5 -acres in size and is developed with single - story self -storage buildings. The Land Use Element of the Anaheim General Plan designates the Property for Industrial land uses. The property is located within the Anaheim Canyon Specific Plan (ACSP) No. 2015-1 "DA -1 ". As such, the Property is subject to the zoning and development standards described in Chapter 18.120 (Anaheim Canyon Specific Plan) of the Anaheim Municipal Code (the "Code"). Self -storage facilities or uses are conditionally permitted within the "DA -1" subject to special provisions related to such uses set forth in City Council Policy No. 7.2 (Self - Storage Facilities); and WHEREAS, pursuant to City Council Policy No. 7.2 (Self -Storage Facilities), self -storage facilities "are most appropriate for irregularly-shaped properties which may further be constrained by accessibility or visibility and which may not be suitable for conventional types of development ... [and may be conditionally permitted in the "C -G" or "I" Zones] provided there does not appear to be other viable or strategic uses of the property, the architecture of the facility is of high quality, the use is appropriate and compatible with its surrounding land uses, and the facility is in compliance with all Zoning Code Development Standards (including setbacks where possible, signage and landscaping ...."); and WHEREAS, if approved, Conditional Use Permit No. 2017-05950 and Variance No. 2018- 05100 will allow for an increased floor area ratio (2.61 F.A.R.), and reduced parking spaces, as set forth in Sections 18.120.060 (Floor Area Ratio, Residential Density and Structural Height) and 18.42.040 (Non-residential parking requirements) of the Code; 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 - I - PC2018-039 WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a checklist has been prepared for the proposed project pursuant to Section 15162 and 15168 of the California Environmental Quality Act Guidelines. The checklist determined that the proposed project is within the scope of Program Environmental Impact Report (PEIR) No. 348, prepared for the Anaheim Canyon Specific Plan (ACSP). PEIR No. 348 addresses impacts associated with implementation of new development envisioned under the ACSP through mitigation measures set forth in Mitigation Monitoring and Reporting Program (MMRP) No. 312; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Program ("MMP No. 355") has been prepared for the Proposed Project and includes of measures from MMRP No. 312 and 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 July 9, 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 of the Code, to hear and consider evidence and testimony concerning the contents and sufficiency of the MND and for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, 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. 336, and approved and adopted the Mitigated Negative Declaration and MMP No. 336; and WHEREAS, pursuant to City Council Policy No. 7.2 (Self -Storage Facilities), this Planning Commission hereby finds that there does not appear to be other viable or strategic uses of the Property, the architecture of the Proposed Project is of high quality, the use is appropriate and compatible with its surrounding land uses, and, upon approval of Variance No. 2018-05100, will be in compliance with all Zoning Code Development Standards (including setbacks where possible, signage and landscaping) of the Code; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2017-05950, and in accordance with Section 18.10.045 (Floor Area Ratio) of the Code, does find and determine that all of the following conditions exist: 1. A self -storage facility is an allowable use within the Anaheim Canyon Specific Plan (ACSP) No. 2015-1 Development Area 1 "DA -1" subject to a conditional use permit and special provisions related to such uses set forth in City Council Policy 7.2 (Self -Storage Facilities); and - 2 - PC2018-039 2. The proposed request to permit the construction of a self -storage facility with an increased floor area ratio 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 project site, and would not have an adverse effect on the existing infrastructure in the area nor to adjacent industrial and office 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 either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties; 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; 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 and the overall appearance of the surrounding area, and is designed to be compatible with the other land uses in the area, subject to compliance with the conditions contained herein; 6. In accordance with Section 18.10.045 (Floor Area Ratio) of the Code, all potential environmental impacts associated with the Proposed Project have been duly analyzed and will be mitigated pursuant to MMP No. 355; 7. The Proposed Project is the most appropriate use for the Property due to existing use as a self -storage facility, making the Property suitable for redevelopment with a new self - storage facility; 8. The architecture of the Proposed Project is of a high quality design with various architectural elements including a plaster finish, split -face block, show windows, spandrel glass, and storefront glass; 9. The Proposed Project is appropriate and compatible with its surrounding land uses, and the facility will be in compliance, upon approval of Variance No. 2018-05100, with all Zoning Code Development Standards (including setbacks where possible, signage and landscaping); and -3 - PC2018-039 WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Variance No. 2018-05100 to permit fewer parking spaces than required by the Zoning Code, does find and determine the following facts: SECTION NO. 18.42.040.020 Self Storage Facilities. (108 spaces required; 50 spaces proposed) 1. The variance for the Property, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the Property than the number of such spaces necessary to accommodate all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable conditions of operation of such uses. A parking study prepared by LSA Associates, dated March 1, 2018, was submitted in order to analyze the project parking demand. The study identified factors that would contribute to a parking demand less than required by Code, including analysis of the actual parking demand of three similar facilities and their lower peak parking demand. Based on these factors, the study concluded that the actual maximum parking demand would be 35 spaces, which would be accommodated by 50 on-site parking spaces plus two oversized loading spaces; 2. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of all combined uses on the site; 3. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the on-site parking will adequately accommodate peak parking demands of all uses on the site; 4. The variance for the Property, under the conditions imposed, will not increase traffic congestion within the because the Property provides adequate ingress and egress points, which are designed to allow for adequate on-site circulation; and 5. The variance for the Property, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity because the Property will provide 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. - 4 - PC2018-039 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2017-05950 and Variance No. 2018-05100 contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference ("Conditions of Approval"). BE IT FURTHER RESOLVED that the Conditions of Approval, as they relate to the uses permitted under Conditional Use Permit No. 2017-05950 and Variance No. 2018-05100 are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that Conditional Use Permit No. 2017-05950 and Variance No. 2018-05100 are approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that approval Conditional Use Permit No. 2017-05950 and Variance No. 2018-05100 constitutes approval of the proposed request only to the extent that they comply with the Zoning Code of the City of Anaheim and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 9, 2018. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. CHAIRPERSON, PLANNING C MISSION ATTEST: OF THE CITY OF ANAHEIM SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-039 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 July 9, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN NOES: COMMISSIONERS: WHITE ABSENT: COMMISSIONERS: ARMSTRONG IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of July, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2018-039 EXMBTT "A" DEQ' NO. 2017-00090 APN: 346-192-15 W N z d Z E LA PALMA AVE 340' c Tr 340' v Scuroe: Recorded Tract rdsps andicr City GIS. Please note the accuracy is +.- tvo tc five feet. - 7 - PC2018-039 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05950 AND VARIANCE NO. 2018-05100 (DEV2017-00090) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 The developer/owner shall submit a set of improvement plans for Public Public Utilities Utilities Water Engineering review and approval in determining the Department, Water conditions necessary for providing water service to the project. Engineering Division 2 The legal property owner shall irrevocably offer to dedicate to the City of Public Works Anaheim a 7 foot easement along the property frontage along La Palma Department, Avenue for road, public utilities and other public purposes. Development Services Division 3 Prepare and submit a final grading plan showing building footprints, pad Public Works elevations, finished grades, drainage routes, retaining walls, erosion Department, control, slope easements and other pertinent information in accordance with Development Anaheim Municipal Code and the California Building Code, latest edition. Services Division 4 Prepare and submit a final drainage/hydrology study, including supporting Public Works hydraulic and hydrological data to the City of Anaheim for review and Department, approval. The study shall confirm or recommend changes to the City's Development adopted Master Drainage Plan by identifying off-site and on-site storm Services Division water runoff impacts resulting from build -out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. 5 The Owner shall obtain the required coverage under California's General Public Works Permit for Stormwater Discharges associated with Construction Activity by Department, providing a copy of the Notice of Intent (NOI) submitted to the State Water Development Resources Control Board and a copy of the subsequent notification of the Services Division issuance of a Waste Discharge Identification (WDID) number. 6 The owner shall prepare a Stormwater Pollution Prevention Plan (SWPPP). Public Works The SWPPP shall be kept at the project site and be available for Public Department, Works Development Services Division review upon request. Development Services Division 7 Submit a Water Quality Management Plan (WQMP) to the City for review Public Works and approval. The WQMP shall be consistent with the requirements of Department, Section 7 and Exhibit 7.II of the Orange County Drainage Area Development Management Plan (DAMP) for New Development/ Significant Services Division Redevelopment projects. identify potential sources of pollutants during the - 8 - PC2018-039 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. 8 Submit a Geotechnical Report to the Public Works Development Services Public Works Division for review and approval. The report shall include any proposed Department, infiltration features of the WQMP. Development Services Division PRIOR TO ISSUANCE OFA BUILDING PERMIT 9 Provide a certificate, from a Registered Civil Engineer, certifying that the Public Works finished grading has been completed in accordance with the City approved Department, grading plan. Development Services Division 10 The developer shall submit street improvement plans and a cost estimate Public Works for review and approval. The developer shall obtain a right-of-way Department, construction permit, and post a security (Performance and Labor & Development Materials Bonds) in an amount approved by the City Engineer and in a form Services Division approved by the City Attorney for the construction of all required public improvements within the City street right of way of La Palma Avenue. Improvements shall conform to the applicable City Standards and as approved by the City Engineer. 11 A Right -of -Way Construction Permit shall be obtained from the Public Works Development Services Division for all work performed in the public right- Department, of -way. Development Services Division 12 The developer shall construct a 12 foot wide sidewalk at ultimate right -of- Public Works way and a 5 foot landscaped public parkway and trees, curb adjacent, per Department, the Anaheim Canyon Specific Plan or as approved by the City Engineer. Development The proposed irrigation line and meter shall be connected to the private Services Division main. 13 The developer shall construct all improvements along the project's frontage Public Works on La Palma Avenue. The improvements shall include but not limited to Department, curb and gutter, pavement, driveway, ADA ramps, parkway drains, water Development meters removals, sewer and storm drain improvements, etc. as determined Services Division and approved by the City Engineer. The developer's engineer shall submit to the City for review and approval an engineering cost estimate for the cost of the required improvements. - 9 - PC2018-039 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 14 All backflow equipment shall be located above ground outside of the street Public Utilities setback area in a manner fully screened from all public streets and alleys. Department, Water Any backflow assemblies currently installed in a vault will have to be Engineering Division 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. 15 All requests for new water services, backflow equipment, or fire lines, as Public Utilities well as any modifications, relocations, or abandonments of existing water Department, Water services, backflow equipment, and fire lines, shall be coordinated and Engineering Division permitted through Water Engineering Division of the Anaheim Public Utilities Department. 16 All existing water services and fire services shall conform to current Water Public Utilities Services Standards Specifications. Any water service and/or fire line that Department, Water does not meet current standards shall be upgraded if continued use is Engineering Division 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. 17 The developer/owner shall submit to the Public Utilities Department Water Public Utilities Engineering Division an estimate of the maximum fire flow rate and Department, Water maximum day and peak hour water demands for the project. This Engineering Division 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.1 of the Water Utility Rates, Rules, and Regulations. 18 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to establish Electrical electrical service requirements and submit electric system plans, electrical Engineering Division panel drawings, site plans, elevation plans, and related technical drawings and specifications. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 19 Owner/Developer shall install an approved backflow prevention assembly Public Utilities on the water service connection(s) serving the property, behind property Department, Water line and required building setback in accordance with Public Utilities Engineering Division Department Water Engineering Division requirements. 20 All public improvements shall be constructed by the developer, inspected Public Works and approved by Construction Services prior to the final building and Department, zoning inspection. Development Services Division -10- PC2018-039 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21 All remaining fees/deposits required by Public Works department must be Public Works paid in full. Department, Development Services Division 22 All required on-site Water Quality Management Plan, sewer, storm drain, Public Works and public right-of-way improvements shall be completed, operational, and Department, are subject to review and approval by the Public Works inspector. Development Services Division 23 Prior to final building and zoning inspection, fire lanes shall be posted with Public Works "No Parking Any Time." Said information shall be specifically shown on Department, Traffic plans submitted for building permits. Engineering Division 24 Prior to connection of electrical service, the legal owner shall provide to the Public Utilities, City of Anaheim a Public Utilities easement with dimensions as shown on Electrical Engineering the approved utility service plan. Division 25 Prior to connection of electrical service, the legal owner shall submit Public Utilities, payment to the City of Anaheim for service connection fees. Electrical Engineering Division GENERAL CONDITIONS 26 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel Public Works parking in the drive aisles. Red curb locations shall be clearly labeled on Department, Traffic building plans. Engineering Division 27 Curbs along fire access lanes shall be designated as fire lanes. Fire lanes Public Works shall be clearly labeled on building plans. Department, Traffic Engineering Division 28 SECURITY MEASURES: Police Department • New building shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: o Perimeter of building and access route protection. o Retail storefront. • 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 • A Closed circuit television (CCTV) security system shall be installed, with the following coverage areas: o Lobby Entrance - I 1 - PC2018-039 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT o Interior o Exterior o Building perimeter o Facility Grounds o Parking lot o Cashier's area • If security cameras are not monitored, signs indicating so should be placed at each camera. • CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the recording. • With advances in technology, digital and wireless CCTV security systems are readily available and highly recommended over older VHS or "Tape" recording systems. • CCTV recordings should be kept for a minimum of 30 days before being deleted or recorded over. • If used, CCTV videotapes should not be recorded over more than 10 items per tape. 29 ADDRESSING• Police Department • Address numbers shall be positioned so as to be readily readable from the street. Number should be illuminated during hours of darkness. • Rooftop address numbers for the police helicopter shall be added to each building within the complex. The main structure will have the street address on La Palma and the other buildings shall have the letter or number associated with it on their roof. Minimum size 4' in height and 2' in width. The lines of the numbers/letters are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed in. Numbers are not to be visible from ground level. • Each building shall have clearly marked doors with numbers corresponding to the alarm zones, if any. The identification of alarm zone coverage will assist responding police and security units in faster identification and apprehension of potential suspects, if any. • Each different building shall have its particular building number/letter clearly displayed on the outside at each end of the structure. 30 DOORS: Police Department • All exterior doors to have adequate security hardware, e.g. deadbolt locks. - 12 - PC2018-039 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • Wide-angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. • The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece. • Overhead roll -up doors shall also be secured on the inside that the lock cannot be defeated from the outside and shall be secured with a cylinder lock or padlock from the inside. 31 LIGHTING: Police Department • Monument signs and addresses shall be well lighted during hours of darkness. • Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. • All exterior doors shall 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. 32 PARKING LOTS/STRUCTURES: Police Department • Minimum recommended lighting level in all parking lots is .5 foot- candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. • "No Trespassing 602(k) P.C." posted at the entrances of parking 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. • All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. 33 The following minimum clearances shall be provided around all new and Public Utilities existing public water facilities (e.g. fire hydrants, service laterals, meters, Department, Water meter boxes, backflow devices, etc.): Engineering Division • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. -13 - PC2018-039 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 34 No public water laterals or meters shall be allowed under driveways, Public Utilities parking stalls, or parking lots. Department, Water Engineering Division 35 No required parking area shall be fenced or otherwise enclosed for outdoor Planning Department, storage. Code Enforcement Division 36 The applicant shall be responsible for maintaining the area adjacent to the Planning Department, premises over which they have control, in an orderly fashion through the Code Enforcement provision of regular maintenance and removal of trash or debris. Any Division graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 37 Hours of operation shall be restricted to 8:00 a.m. to 8:00 p.m., Monday Planning Department through Friday, and 8:00 a.m. to 7:00 p.m. Saturday and Sunday. Any proposed changes to the hours of operation shall be subject to approval of the Planning and Building Director. Adequate signage shall be installed near vehicular access gates informing the self -storage tenants of the hours of operation. 38 The applicant is responsible for paying all charges related to the processing Planning Department of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 39 The Property shall be developed substantially in accordance with plans Planning Department and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. 40 The Applicant shall defend, indemnify, and hold harmless the City and its Planning Department 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 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. -14- PC2018-039 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 41 Establishment of the use or approved structure as that term is defined by Planning Department the Anaheim Municipal Code Section 18.60.160, as the same may be amended from time to time, shall occur within six years of the effective date of conditional use permit approval. - 15 - PC2018-039