Resolution-PC 2018-040RESOLUTION NO. PC2018-040
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05929 AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00418 AND
DENYING VARIANCE NO. 2018-05110 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00076)
(223 SOUTH EUCLID STREET)
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. 2017-05929 to permit the construction of a new 3,233 square foot fast food restaurant
with a drive-through lane, Variance No. 2018-05110 to permit a deviation in the type, size,
and number of wall signs, and Administrative Adjustment No. 2018-00418 to permit
reduced parking within the overall shopping center at a certain real property located at 223
South Euclid Street 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 subject 0.9 acre parcel is located within the 10.3 acre Property
developed with a Target store. The properties are designated for General Commercial 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 July 23, 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 bear and consider evidence for and against proposed
Conditional Use Permit No. 2017-05929, Variance No. 2018-05110, and Administrative
Adjustment No. 2018-00418 (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
- 1 - PC2018-040
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 2017-05929
to permit the construction of a new 3,233 square foot fast food restaurant with a drive-
through lane, does find and determine the following:
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 "C -G"
General Commercial 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 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 restaurant 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 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, the Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to the request for Variance No. 2018-05110, does find
and determine that the required findings for approval of a variance to allow the additional
wall signs cannot be made because:
1) The sign graphic identifying the "Blue Dog" is not classified as a mural and
constitutes sign area for advertising purposes which exceeds the overall wall sign area
allowed by the Sign Code. The sign is not a mural as it does not serve as a distinctive art
piece whose primary purpose is commemorative or artistic rather than advertising; and
- 2 - PC2018-040
2) There are no special circumstances applicable to the Property, including
size, shape, topography, location or surroundings which do not apply to other commercial
properties in the areas or that deprives the Property of privileges enjoyed by other
commercial properties in the area.
WHEREAS, the Planning Commission does further find and determine that the
request for Administrative Adjustment No. 2018-00418 should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(522 spaces required; 495 spaces proposed)
1. The adjustment for a 5.2% reduction from the required number of parking
spaces is consistent with the purposes and intent of the Zoning Code because the new
restaurant use will provide adequate on-site parking and would share parking and access
with the adjacent Target property through a reciprocal parking and access agreement. The
proposed restaurant is located in an area of the parking lot with very low usage for the
Target store and with implementation of the shared parking agreement, the entire
commercial center would be provided with sufficient parking throughout the year; and
2. The same or similar result cannot be achieved by using provisions in the
Zoning Code that do not require the adjustment, as the size and existing layout of the
subject property with other required site improvements restricts the ability to provide the
required number of parking spaces. With additional right-of-way dedication requirements
on Euclid Street, the only alternative to processing an administrative adjustment would be
to remove floor area from the existing commercial center in order to provide space to
accommodate additional parking; and
3. The adjustment will not produce a result that is out of character or
detrimental to the neighborhood as the drive-thru restaurant use is a compatible use with
the surrounding area; therefore, the Proposed Project would not negatively impact the
surrounding neighborhood.
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 deny Variance No. 2018-05110.
-3 - PC2018-040
BE IT FURTHER RESOLVED that, pursuant to the above findings, this Planning
Commission does hereby approve Conditional Use Permit No. 2017-05929 and
Administrative Adjustment No. 2018-00418 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. 20.17-05929 and Administrative
Adjustment No. 2018-00418 is applicable in order to preserve the health, safety and general
welfare of the citizens of the City of Anaheim, and hereby denies Variance No. 2018-05110
with the findings described above.
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 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 July 23, 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 Resol4tisn-intheyvn o a appeal./---,
CHAIRPVRSON, PLANNING 10ISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2018-040
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 23, 2018, by the
following vote of the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI,
GILLESPIE, KEYS
NOES: COMMISSIONERS: LIEBERMAN, WHITE
ABSENT: COMMISSIONERS: NONE
2018.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of July,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2018-040
EXHIBIT "A"
DEV NO. 2017-00076
APN: 128-081-20
Subject Property
(Approximate Pending a o
Lot Line Adjustment) 3 J
2 U
u UJ
� W
W LINCOLN AVE z z
z W
355' 235'
N
N
N
r
234'
N W PAMPAS LN
in
00
615' 234'
f -
V)
a
J
U
W
H
OSource: Recorded Tract Maps and/or City GIS.
Fee[ Please note the accuracy is +/- two to five feet.
- 6 - PC2018-040
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05929
ADMINISTRATIVE ADJUSTMENT NO. 2018-00418
(DEV2017-00076)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
1
The project's Grading Plans, Soils Report, and Drainage Report shall
Public Works
be submitted for review and approval to the Development Services
Department,
Division.
Development Services
Division
2
The developer shall submit project improvement plans that
Public Works
incorporate the required drainage improvements and the mechanisms
Department,
proposed in the approved Drainage Report. Post -development storm
Development Services
event run-off shall be less than or equal to the existing pre-
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development storm event run-off. No offsite run-off shall be blocked
during and after grading operations or perimeter wall construction.
Finish floor elevations shall be 1 -ft. minimum above water surface
elevations of 100 -year storm event. Run-off shall not be diverted and
any proposed improvements shall prevent downstream properties
from becoming flooded. The Final Drainage report shall address the
drainage velocity on the new on-site improvements and potential
impacts to the existing drainage system. Also, the plans shall show
that all concentrated flow shall be contained within an approved
drainage device and preserve the existing flows and manner drainage
is conveyed downstream.
3
The final Water Quality Management Plan (WQMP) shall be
Public Works
submitted for review and approval to Public Works Development
Department,
Services and comply with the most current requirements of the Orange
Development Services
County Drainage Area Management Plan (DAMP).
Division
4
If more than 1 acre will be disturbed, prior to grading plan approval,
Public Works
the applicant shall demonstrate that coverage has been obtained under
Department,
California's General Permit for Stormwater Discharges Associated
Development Services
with Construction Activity by providing a copy of the Notice of Intent
Division
(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 upon request.
- 7 - PC2018-040
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
5
A Cross -Lot Drainage Agreement is required to be executed,
Public Works
approved by the City and recorded by the applicant on the properties
Department,
for cross -lot drainage.
Development Services
Division
6
A signed and notarized Right -of -Entry shall be provided for all work
Public Works
that will be performed in the neighboring properties outside of the
Department,
property.
Development Services
Division
7
The owner/developer shall submit to the City of Anaheim Public
Public Works
Works Department and Building Division for review and approval an
Department,
Agreement and/or CC&Rs for the project that denote/designate the
Development Services
existing private sewer lateral in the public right-of-way as a shared
Division
system or common utility in order to meet the requirements of the
latest Plumbing Code. The agreement and/or CC&Rs shall also
Building Services
address which party is responsible for the existing private sewer
Division
lateral within the public right-of-way. In addition, a sewer easement
over the Raising Cane's property in favor of the Target's property
shall be reserved since the Target private sewer will run through the
adjusted Raising Cane's property. In the event that the Agreement
and/or CC&Rs are not finalized/recorded, the Target property and the
Raising Cane's property shall install and have their own separate
private sewer lateral connections connected to the public sewer
system in accordance with the latest Plumbing Code.
8
The Owner/Developer 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
9
The property owner shall irrevocably offer to dedicate in a signed deed
Public Works
to the City of Anaheim an easement 60 -feet in width from the
Department,
centerline of Euclid Street for road, public utilities, and other public
Development Services
purposes.
Division
10
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 Euclid Street, shall be paid to the City
Development Services
of Anaheim.
Division
- 8 - PC2018-040
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
1 I
The developer shall submit street improvement plans, obtain a right of
Public Works
way construction permit, and post a security (Performance and Labor
Department,
& Materials Bonds) in an amount approved by the City Engineer and
Development Services
in a form approved by the City Attorney for all the work that will be
Division
performed within the City street right of way of Euclid Street during
construction of the project. Improvements shall conform to City of
Anaheim Public Works requirements, approved traffic study
requirements (if any), and as approved by the City Engineer. The street
improvement plans shall include all traffic related improvements
adjacent to the project site including all driveways, utility
installations, signing and striping, and all other offsite work, if any. If
there will be multiple street utility cuts, then the entire street shall be
resurfaced via 2" grind and cap from edge of gutter to edge of gutter
or to centerline/median. Limits to be determined by the Public Works
Inspector.
12
The legal property owner shall submit a Lot Line Adjustment to Public
Public Works
Works, Development Services for review and approval to modify the
Department,
existing two lot configuration. The Lot Line Adjustment and
Development Services
Conformance Deed shall be recorded prior to issuance of a building
Division
permit.
13
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
14
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.
15
A private water system with separate water service for fire protection,
Public Utilities
domestic water, and irrigation shall be provided and shown on plans
Department,
submitted to the Water Engineering Division of the Anaheim Public
Water Engineering
Utilities Department.
Division
- 9 - PC2018-040
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
16
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.
17
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.
18
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.
19
The Owner/Developer shall submit to the Public Utilities Department
Public Utilities
Water Engineering Division an estimate of the maximum fire flow
Department,
rate and maximum day and peak hour water demands for the project.
Water Engineering
This information will be used to determine the adequacy of the
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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.
20
Individual water service and/or fire line connections will be required
Public Utilities
for each parcel or residential, commercial, industrial unit per Rule 18
Department,
of the City of Anaheim's Water Rates, Rules and Regulations.
Water Engineering
Division
21
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
- 10 - PC2018-040
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
22
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
23
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
24
The property owner shall enter into and record a Reciprocal Access
Planning and Building
and Parking Agreement between the Target Center and Raising
Department,
Cane's Chicken Fingers properties. The agreement shall be reviewed
Planning Services
and approved by the City Attorney's office and recorded with the
Division
Orange County Recorder. A copy of the recorded agreement shall be
submitted to the Planning Services Division prior to issuance of
building permits.
25
Final landscaping plans in compliance with all Code requirements
Planning and 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.
26
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
27
All required on-site Water Quality Management Plan,
Public Works
Grading/Drainage, and public right of way improvements (if any)
Department,
shall be completed, operational, and are subject to review and
Development Services
approval by the Construction Services Inspector.
Division
28
Fire lanes shall be posted with "No Parking Any Time." Said
Public Works
information shall be specifically shown on plans submitted for
Department,
building permits.
Traffic Engineering
Division
29
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
Department,
labeled on building plans.
Traffic Engineering
Division
- 11 - PC2018-040
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
30
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
31
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.
32
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
33
Ongoing during project operation, should the vehicle queue reach
Public Works
Euclid St, staff members shall be positioned at the end of the on-site
Department,
queue near the Euclid Street entrance to direct traffic. This measure
Traffic Engineering
shall be implemented for a short timeframe, as needed, until the queue
Division
dissipates.
34
Ongoing during project operations, vehicle deliveries including
Public Works
loading and unloading shall be performed in accordance with the latest
Department,
Letter of Operations on file, approved by Public Works Traffic
Traffic Engineering
Engineering.
Division
35
A minimum of two connections to public water mains and water
Public Utilities
looping inside the project are required.
Department,
Water Engineering
Division
- 12 - PC2018-040
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
36
The following minimum clearances shall be provided around all new
Public Utilities
and existing public water facilities (e.g. fire hydrants, service laterals,
Department,
meters, meter boxes, backflow devices, etc.):
Water Engineering
• 10 feet from structures, footings, walls, stormwater BMPs,
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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.
37
No public water mains or laterals shall be allowed under driveways,
Public Utilities
parking stalls, or parking lots.
Department,
Water Engineering
Division
38
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.
39
Monument signs and addresses shall be well lighted during hours of
Police Department
darkness.
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. The property
Department,
shall be permanently maintained in an orderly fashion by providing
Code Enforcement
regular landscape maintenance, removal of trash or debris, and
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removal of graffiti within two (2) business days from time of
discovery.
42
Ongoing during project operation, should the vehicle queue impact
Planning and Building
on-site traffic circulation or access to and from parking stalls, staff
Department,
members shall be positioned at strategic locations to direct traffic and
Planning Services
the direction of the queue line. This measure shall be implemented,
Division
as needed, until the queue dissipates.
43
The "One Love Heart" graphic shall be maintained in perpetuity as an
Planning and Building
art element as depicted on the approved building elevations and sign
Department,
brand book.
Planning Services
Division
-13 - PC2018-040
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
44
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.
45
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
46
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.
47
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
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charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
-14- PC2018-040