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Resolution-PC 2020-020RESOLUTION NO. PC2020-020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2019-06024, VARIANCE NO. 2020-05135, AND ADMINISTRATIVE ADJUSTMENT NO. 2020-00443 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00093) (2595 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2019-06024 to permit the construction of a coffee shop with a drive-through lane, Variance No. 2020-05135 to permit fewer parking spaces than required by the Anaheim Municipal Code ("Code"), and Administrative Adjustment No. 2020-00443 to permit front and interior landscape setbacks less than required by the Code (herein referred to collectively as the "Proposed Project") on that certain real property located at 2595 West Lincoln Avenue in the City of Anaheim, 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 0.53 acres in size and is currently developed with a vacant commercial building. The Property is located in the "C -G" General Commercial Zone and is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, a duly noticed public hearing was scheduled before the Planning Commission at the Civic Center in the City of Anaheim on May 11, 2020 at 5:00 p.m. to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of 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 also finds and determines that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15303, Class 3 (New Construction or Conversion of Small Structures). Class 3 consists of construction and location of limited numbers of new small structures or facilities. In urbanized areas, this exemption applies to commercial buildings not exceeding 10,000 square feet. The proposed project is a 2,000 square foot coffee shop that would include a drive-through lane, a take- out window, and a 200 square foot outdoor patio area; and, therefore, this exemption is applicable. Pursuant to Section 15300.2 (c) and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a - I - PC2020-020 significant effect on the enviromnent and, therefore, the proposed project is categorically exempt from the provisions of CEQA; 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. 2019-06024, does find and determine the following facts: 1. The Proposed Project is an allowable use within the "C -G" Commercial Zone under subsection .010 of Section 18.08.030.010 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C -G" General Commercial Zone; 2. The Proposed Project will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the Proposed Project has been designed to be compatible with surrounding commercial and residential uses, all traffic flows will be provided from an arterial highway, the one story building will be in scale with the surrounding uses, and a landscape buffer will be provided around the drive-through lane; 3. The size and shape of the site for the Proposed Project 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 because the Proposed Project has been designed to comply with all Code requirements (with the exception of the parking and setbacks described below), including building height, lot coverage and landscaping; 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical commercial businesses that would be pennitted as a matter of right within the C -G (General Commercial) zone; and 5. That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, 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 to construct a drive-through coffee shop with fewer parking spaces than required by the Code, has determined that Variance No. 2020-05135 should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (22 spaces required; 16 spaces proposed) - 2 - PC2020-020 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. The applicant's traffic consultant studied a similarly sited coffee shop and found the maximum parking utilization to be 14 vehicles. Average parking utilization was found to be 10-11 vehicles. Based upon this analysis, there will be adequate on-site parking spaces available during peak periods. 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use and; WHEREAS, paragraph .0101 of Subsection .010 (Setbacks) of Section 18.08.060 (Structural Setbacks) of Chapter 18.08 (Commercial Zones of the Code requires the minimum landscaped setbacks in the Commercial Zones abutting an arterial highway, such as Lincoln and Magnolia Avenues, to be fifteen (15) feet, "as measured from the ultimate highway right-of-way line as designated on the Circulation Element of the General Plan" and landscaped setbacks in the Commercial Zones abutting any Residential Zone boundary to be ten (10) feet. Because the Proposed Project shows a setback of twelve (12) feet from the ultimate right-of-way of Lincoln and Magnolia Avenues, and a setback of nine (9) feet from adjacent residential zones, the applicant has requested an administrative adjustment from the setback requirements; and WHEREAS, the Planning Commission does further find and determine that the request for Administrative Adjustment No. 2020-00443 should be approved for the following reasons: SECTION NO. 18.08.060.010.0101 SECTION NO. 18.08.060.010.0101 Minimum front landscaped setback. (15 feet required; 12 feet proposed adjacent to an arterial highway) Minimum interior setbacks. (10 feet required; 9 feet proposed) -3 - PC2020-020 1. The adjustment is consistent with the purposes and intent of the Code because there will be adequate separation from the adjacent residential land uses and the restaurant is designed in a manner that is sensitive to the adjacent properties. The proposed project would comply with all other development standards of the C -G Zone, with the exception of the parking variance described above; 2. The same or similar result cannot be achieved by using provisions in the Code that do not require the adjustment since the only alternative to processing the adjustment is to impact the ability to maintain vehicle queueing onsite, and in a manner that does not block parking spaces; and 3. The adjustment will not produce a result that is out of character or detrimental to the neighborhood as the proposed drive-through use is a compatible use in the area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2019-06024, Variance No. 2020-05135, and Administrative Adjustment No. 2020-00443, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (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. 2019-06024, Variance No. 2020-05135, and Administrative Adjustment No. 2020-00443 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. - 4 - PC2020-020 BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2019-06024, Variance No. 2020-05135, and Administrative Adjustment No. 2020-00443 constitutes approval of the proposed request only to the extent that it complies 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 May 11, 2020. 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. ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM .�" . ,� . • fir. • . - 5 - PC2020-020 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 May 11, 2020, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of May, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2020-020 EXHIBIT "A" DEV NO. 2019-00093 APN: 071-100-65 ZZ W a a J O z CQ C z 150' J N O Z 127 W LINCOLN AVE W LINCOLN AVE W Q a J O z CQ C (n 0 �G liii; ® Source: Recorded Tract Maps and/or City GIS. «c Please note the accuracy is +/- two to five feet. 7- PC2020-020 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2019-06024, VARIANCE NO. 2020-05135, AND ADMINISTRATIVE ADJUSTMENT NO. 2020-00443 (DEV2019-00093) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 The Owner/Developer shall submit a set of improvement plans for Public Utilities Public Utilities Water Engineering review and approval in Department, determining the conditions necessary for providing water service to the project. Water Engineering Division 2 The Owner/Developer shall coordinate with the Electrical Division Public Utilities of the Anaheim Public Utilities Department ("APU") to confirm Department, there are no conflicts between the proposed development and APU electric facilities. If conflicts are discovered, the Owner/Developer Electrical Engineering will need to work with APU to plan for that work. Division 3 The Owner/Developer will need to work with the Electrical Public Utilities Division of the Anaheim Public Utilities Department to determine Department, a location for a pad mounted transformer for electric service that meets APU access and clearance requirements. Electrical Engineering Division 4 Prepare and submit a final grading plan showing building Public Works footprints, pad elevations, finished grades, drainage routes, Department, retaining walls, erosion control, slope easements and other pertinent Development Services information in accordance with Anaheim Municipal Code and the Division California Building Code, latest edition. 5 Prepare and submit a final drainage study, including supporting Public Works hydraulic and hydrological data to the City of Anaheim for review Department, and approval. The study shall confirm or recommend changes to the Development Services City's adopted Master Drainage Plan by identifying off-site and on- Division site storm 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. 6 All required plans and studies shall be prepared by a Registered Public Works Professional Engineer. Department, Development Services Division - 8 - PC2020-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The developer shall execute a Save Harmless Agreement with the Public Works City of Anaheim for any storm drain connections to a City storm Department, drain system. The agreement shall be recorded by the applicant on Development Services the property prior to the issuance of any permits. Division 8 Submit Water Quality Management Plan (WQMP) to the City for Public Works review and approval. The WQMP shall be consistent with the Department, requirements of Section 7 and Exhibit 7.I1 of the Orange County Development Services Drainage Area Management Plan (DAMP) for New Development/ Division Significant Redevelopment projects. identify potential sources of pollutants during the 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. 9 Submit a Preliminary Geotechnical Report to the Public Works Public Works Development Services Division for review and approval. The report Department, shall address any proposed infiltration features of the WQMP. Design Development Services per City Standards full improvements for all impacted and interior Division streets/facilities in accordance with City Code, Standards and Specifications. 10 Trash enclosures should not block visibility of doors or windows or Police Department be located close enough to the structure to provide access to the roof PRIOR TO ISSUANCE OF A BUILDING PERMIT 11 A private water system with separate water service for fire Public Utilities protection and domestic water shall be provided and shown on plans Department, submitted to the Water Engineering Division of the Anaheim Public Utilities Department. Water Engineering Division 12 All backflow equipment shall be located above ground in a manner Public Utilities fully screened from all public streets and alleys. Any backflow Department, assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall Water Engineering be installed to the satisfaction of the Water Engineering Division 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. 13 All requests for new water services, backflow equipment, or fire Public Utilities lines, as well as any modifications, relocations, or abandonments of Department, existing water services, backflow equipment, and fire lines, shall be Water Engineering Division - 9 - PC2020-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 14 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 continued use is necessary or abandoned if the existing service is no Water Engineering longer needed. The Owner/Developer shall be responsible for the Division costs to upgrade or to abandon any water service or fire line. 15 The Owner/Developer shall submit to the Public Utilities Public Utilities Department Water Engineering Division an estimate of the Department, maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine Water Engineering the adequacy of the existing water system to provide the estimated Division 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. 16 Applicant shall contact Water Engineering for recycled water Public Utilities system requirements and specific water conservation measures to Department, be incorporated into the building and landscape construction plans. Water Engineering Division 17 The existing 4 -inch backflow prevention device on the 4 -inch fire Public Utilities service serving the property is substandard and must be replaced per Department, Public Utilities Department Water Engineering Division requirements. Water Engineering Division 18 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 Department, clearly labeled on building plans. Traffic Engineering Division 19 No new improvements shall be placed in the ultimate right of way. Public Works For existing improvements, an encroachment license shall be Department, prepared and recorded prior to issuance of any building permits. Development Services Division 20 The legal property owner shall irrevocably offer to dedicate to the Public Works City of Anaheim, for road, public utilities and other public Department, purposes, the right-of-way easements described below: Development Services a. 7 ft. in width on Lincoln Avenue and 7 ft. in width on Division Magnolia Avenue. b. Corner cutback at Lincoln Avenue and Magnolia Avenue. - 10 - PC2020-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21 The legal owner shall submit an application for a Subdivision Map Public Works Act Certificate of Compliance to the Public Works Development Department, Services Division. The Certificate of Compliance shall be approved Development Services by the City Surveyor and recorded in the Office of the Orange Division County Recorder. 22 Submit a certificate from a Registered Civil Engineer, certifying Public Works that the finished grading has been completed in accordance with the Department, City approved grading plan. Development Services Division 23 A Right of Way Construction Permit shall be obtained from the Public Works Development Services Division for all work performed in the public Department, right-of-way. Development Services Division 24 The applicable Citywide Sewer Impact Fee (West Anaheim, Zone Public Works C) shall be paid to the City of Anaheim, in an amount established Department, by the City Council Ordinance/Resolution. This fee will be used to Development Services fund sewer improvements within the area impacted by this project. Division Said fee shall be subject to adjustment by the City Council. 25 The following minimum clearances shall be provided around all Public Utilities new and existing public water facilities (e.g. water mains, fire Department, hydrants, service laterals, meters, meter boxes, backflow devices, etc.): Water Engineering • 10 feet from structures, footings, walls, storm water BMPs, Division 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. 26 Prior to approval of permits for improvement plans, the property Public Utilities owner/developer shall coordinate with Electrical Engineering to Department, establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and Electrical Engineering related technical drawings and specifications. Division 27 Prior to connection of electrical service, the legal owner shall Public Utilities provide to the City of Anaheim a Public Utilities easement with Department, dimensions as shown on the approved utility service plan. Electrical Engineering Division 28 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 - 11 - PC2020-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 29 Owner/Developer shall install an approved backflow prevention Public Utilities assembly on the water service connection(s) serving the property, Department, in accordance with Public Utilities Department Water Engineering Division requirements. Water Engineering Division 30 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 31 All public improvements shall be constructed by the developer, Public Works inspected and accepted by Construction Services prior to final Department, building and zoning inspection prior to final building and zoning. Development Services Division 32 All remaining fees/deposits required by Public Works department Public Works must be paid in full. Department, Development Services Division 33 All required on-site Water Quality Management Plan and public right Public Works of way improvements shall be completed, operational, and will be Department, subject to review and approval by the Construction Services Inspector Development Services prior to Final Building and Zoning Inspections. Division 34 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. 35 A Burglary/Robbery Alarm Permit application, Form APD 516, shall Police Department be filed and returned to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. 36 Closed circuit television (CCTV) security camera are recommended, Police Department with the following coverage areas: • Lobby Entrances • Interior and exterior • Dining Areas • Building perimeter • Parking lot • Drive-thru • Cashier's areas • Manager's Offices covering safes - 12 - PC2020-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 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. 37 Address numbers shall be positioned so as to be readily readable from Police Department the street. Number should be illuminated during hours of darkness. 38 Rooftop address numbers shall be provided for the police helicopter. Police Department Minimum size 4' in height and 2' in width. 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 ground level. 39 All exterior doors shall have adequate security hardware, such as Police Department deadbolt locks. 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. 40 Landscaping shall be of the type and situated in locations to maximize Police Department observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows. Trees should not be planted close enough to the structure to allow easy access to the roof, or should be kept trimmed to make climbing difficult. 41 Signage shall be provided, stating, "No Trespassing 602(k) P.C." Police Department posted at the entrances of parking lots and located in other appropriate places. Signs must be at least 2' x 1' in overall size, with white background and black 2 inch lettering. 42 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. OPERATIONAL CONDITIONS 43 Applicant shall contract with trash hauler to provide "scout services" Public Utilities for trash removal. Bin will be collected by scout driver, taken to an Department, offsite, alternate location for service and returned when empty on trash collection day(s). Scout service will be billed directly by the Operations Division trash hauler. City Utility billing system includes street sweeping, sewer and trash collection charges. - 13 - PC2020-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 44 Vehicle deliveries including loading and unloading shall be Public Works performed onsite. Delivery vehicles shall not block any part of the Department, public right-of-way. Traffic Engineering Division 45 Should the vehicle queue reach Magnolia Avenue or Lincoln Public Works Avenue, staff members shall be positioned at or shall position Department, directional signage/directional cones at the end of the on-site queue near the Magnolia Avenue entrance to direct traffic. This measure Traffic Engineering shall be implemented for a short timeframe, as needed, until the Division queue dissipates. 46 Monument signs and addresses shall be well lighted during hours Police Department of darkness. 47 Adequate lighting of parking lots, passageways, recesses, and Police Department 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. Minimum recommended lighting level in parking lots is .5 foot-candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 48 All exterior doors shall have their own light source, which shall Police Department adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 49 The applicant shall be responsible for maintaining the area adjacent Planning Department, to the premises over which they have control, in an orderly fashion Code Enforcement through the provision of regular maintenance and removal of trash Division or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 50 No required parking area shall be fenced -off or otherwise enclosed Planning Department, for outdoor storage use. Code Enforcement Division 51 The facility shall operate in accordance with the Letter of Operation Planning Department, submitted as part of the application. Any changes to the facility's Planning Services operation described in the Letter of Operation shall be subject to Division review and approval by the Planning and Building Director to determine substantial conformance with said letter and to ensure compatibility with the surrounding uses. - 14 - PC2020-020 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 52 All new landscaping shall be installed in conformance with Chapter Planning Department, 18.46 "Landscape and Screening" of the Anaheim Municipal Code Planning Services and shall be maintained in perpetuity. Landscaping shall be Division replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. GENERAL CONDITIONS 53 Conditions of approval related to each of the timing milestones above Planning Department, shall be prominently displayed on plans submitted for permits. For Planning Services example, conditions of approval that are required to be complied with Division prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to building permits, grading permits, street improvement plans, water and electrical plans, landscape irrigation plans, and fire and life safety plans, etc. 54 The Applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of Planning Services the issuance of the final invoice or prior to the issuance of building Division 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. 55 The Applicant shall defend, indemnify, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as "Indemnitees") from any Division 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. 56 The property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services applicant and which plans are on file with the Planning Department Division and as conditioned herein. - 15- PC2020-020