Resolution-PC 2023-012RESOLUTION NO. PC2023-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A VARIANCE FOR REDUCED
INTERIOR PROPERTY LINE BUILDING AND LANDSCAPE
SETBACKS, AND A VARIANCE FROM THE REQUIRED COMMON
RECREATIONAL -LEISURE AREA IN CONJUNCTION WITH A
FOUR -UNIT APARTMENT BUILDING AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2022-00039)
(308 WEST VERMONT AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a variance to reduce required interior
property line building setbacks and reduce required interior property line landscape setbacks in
conjunction with a proposed four unit apartment building (the "Proposed Project"), on that certain
real property located at 308 West Vermont Avenue, in the City of Anaheim, County of Orange,
State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by
this reference (the "Property"); and
WHEREAS, the Property is approximately 7,576 square feet in size and is currently
developed with a single-family residence and detached garage. The property is designated for
Medium Density Residential land uses in the General Plan. The Property is also located in the "T"
Transition Zone and is subject to the zoning and development standards contained in 18.06
(Multiple Family Residential Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 24, 2023 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures)
of the Code, to hear and consider evidence for and against 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 (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 "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and
WHEREAS, the Planning Commission 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). The Class 3
exemption consist of construction and location of limited numbers of new, small facilities or
structures, including multi -family residential structure with up to four dwelling units in urbanized
PC2023-012
areas. 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 significant effect on the environment and, therefore, the proposed project would be
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 with respect to the request for the Proposed Project, does find and determine
the following facts:
SECTION 18.060.090.030 Structural Setbacks
(20 feet required; 4 feet proposed)
Landscaped Setbacks
(5 feet required; 4 feet proposed)
1. There are special circumstances applicable to the Property, including size,
shape, topography, location, or surroundings, which do not apply to other property under identical
zoning classification in the vicinity. Specifically, the lot is 52 feet in width, which limits the
development potential of the property under the RM -4 development standards and Code required
parking standards. The minimum code required 18 -foot parking space depth and 24 -foot drive aisle
reduce the available area for interior setbacks to four feet on each side. In addition, the narrow lot
width limits the building envelope and the ability to comply with required interior property line
setbacks; and
2. That, because of the special circumstances identified above, strict
application of the Code would deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity. In particular, the existing single-family structure
only has a two -foot interior property line setback and there are existing multi -family buildings on
the south side of Vermont Avenue to the east and west of the subject site that have similar interior
property line setbacks of less than five feet. Therefore, strict application of the Code would deprive
the property of privileges enjoyed by other property under identical zoning classification in the
vicinity; and
SECTION 18.06.100.020 Common Recreational -Leisure Area
(80 square feet required; 0 square feet
proposed)
1. There are special circumstances applicable to the Property, including size,
shape, topography, location, or surroundings, which do not apply to other property under identical
zoning classification in the vicinity. Specifically, the lot is 52 feet in width, which limits the
development potential of the property under the RM -4 development standards and Code required
parking standards. The minimum code required 18 -foot parking space depth and 24 -foot drive aisle
reduce the available area for interior setbacks to four feet on each side. In addition, the narrow lot
width limits the building envelope and the ability to comply with required interior property line
setbacks. The Zoning Code requires that common recreational -leisure areas not be in required
street setback or landscape setback areas, driveways, parking areas, storage areas, or utility areas.
- 2 - PC2023-012
Due to the narrow lot width and the reduced building setbacks, there is not any area within the
project site to provide the Code required 80 square feet of common recreational -leisure area; and
2. That, because of the special circumstances identified above, strict
application of the Code would deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity. In particular, the existing single-family structure
only has a two -foot interior property line setback and there are existing multi -family buildings on
the south side of Vermont Avenue to the east and west of the subject site that do not provide
common recreational -leisure area due to similar reduced building setbacks and site constraints.
Therefore, strict application of the Code would deprive the property of privileges enjoyed by other
property under identical zoning classification in the vicinity; 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.
NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, this
Planning Commission does hereby approve the variance, 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 the
Property. 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 of Permit
Approval) and 18.60.200 (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
- 3 - PC2023-012
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 April 24, 2023. 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 City
Council Resolution in the event of an appeal.
O
IRPERSON, PLAN1,41NO CO IMISSION
OF THE CITY OF ANAHE
ATTEST:
SECRETARY, PL ING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2023-012
EXHIBIT "A"
DEV NO. 2022-00039
APN: 251-051-11
m
5 CIEMEN3INE 51 2 W MIDW pV
� 0APA09
O
r
u•
Z
m
2
V
a
W HpMpSNIRE
pVE
53
W,jf Ott,pVE � a
53
t1
3 �
A
O
m
a
W `pM�EN pVE
Ov° Source: Recorded Tract Maps and/or City GIS.
Fe,t Please note the accuracy is +/- two to five feet.
PC2023-012
EXHIBIT "B"
VARIANCE
(DEV2022-00039)
PC2023-012
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
1
Prepare and submit a final grading plan showing building footprints,
Public Works
finished floor and pad elevations, finished grades, drainage routes,
Department,
retaining walls, erosion control, slope easements and other pertinent
Development
information in accordance with Anaheim Municipal Code and the
Services Division
California Building Code, latest edition.
2
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
ted Master Drainage Plan b identifying
adopted g y Eying 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.
3
The applicant/owner shall execute a Save Harmless Agreement with the
Public Works
City of Anaheim for any storm drain connections to a City storm drain
Department,
system. The agreement shall be recorded by the applicant on the property
Development
prior to the issuance of any permits.
Services Division
4
All required plans and studies shall be prepared by a Registered
Public Works
Professional Engineer in State of California.
Department,
Development
Services Division
5
Submit 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
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
PC2023-012
PC2023-012
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
program to address the long-term implementation of and compliance with
the defined BMPs. Submit three (3) copies and a plan checking deposit to
the Public Works/Development Services for consideration and approval.
6
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
7
The applicant/owner shall coordinate with Anaheim Public Utilities
Public Works
Agency (APU) to relocate the existing utility vault and easement to a new
Department,
location, as shown on the plans to allow for the construction of new
Development
driveway and underground infiltration BMP. All costs associated with the
Services Division
relocation shall be borne by the developer, as directed by APU.
8
The Owner/Developer shall submit a set of improvement plans for Public
Public Utilities Water
Utilities Water Engineering review and approval in determining the
Engineering
conditions necessary for providing water service to the project.
PRIOR TO ISSUANCE OF BUILDING PERMITS
9
Provide a certificate, from a Registered Civil Engineer, certifying that the
Public Works
building pad has been completed in accordance with the City of Anaheim
Department,
Municipal Code. Submit a pad compaction report prepared by the project's
Development
Geotechnical -Soil Engineer of Record.
Services Division
10
The applicant/owner shall design and submit per City Standards full
Public Works
improvements for all impacted public streets/facilities in accordance with
Department,
City Code, Standards and Specifications. Such improvements shall
Development
include, but not be limited to the following: New driveway approach and
Services Division
modification to existing common driveway, new sidewalk, curb drain,
landscape parkway with irrigation, sewer lateral and water services.
11
The Owner/developer shall submit cost estimate for the construction of
Public Works
required public improvements along the project frontage of Vermont
Department,
Avenue to the Public Works Development Services Division for review,
Development
approval, and to determine the bond amounts.
Services Division
12
The applicant/owner shall submit an application for Subdivision Map Act
Public Works
Certificate of Compliance to the Public Works Development Services
Department,
Division. The Certificate of Complaisance shall be approved by the City
Development
Surveyor and recorded in the Office of the Orange County recorder.
Services Division
PC2023-012
PC2023-012
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
13
All Landscape plans shall comply with the City of Anaheim adopted
Public Works
Landscape Water Efficiency Guidelines. This ordinance is in compliance
Department,
with the State of California Model Water Efficient Landscape Ordinance
Development
(AV 1881).
Services Division
14
Submit an interim soils report indicating pad compaction and site stability
Public Works
prepared by the project's Geotechnical Engineer of Record. The pad
Department,
compaction report needs to include a site plan showing the compaction
Development
testing locations.
Services Division
15
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
16
The owner/developer shall pay all applicable development impact fees
Public Works
required under the Anaheim Municipal Code.
Department,
Development
Services Division
17
A private water system with separate water service for fire protection and
Public Utilities Water
domestic water shall be provided and shown on plans submitted to the
Engineering
Water Engineering Division of the Anaheim Public Utilities Department.
18
Per California Water Code, Division 1, Chapter 8, Article 5, Section 537-
Public Utilities Water
537.5) as amended by Senate Bill 7, water submetering shall be furnished
Engineering
and installed by the Owner/Developer and a water submeter shall be
installed to each individual unit. Provisions for the ongoing maintenance
and operation (including meter billing) of the submeters shall be the
responsibility of the Owner and included and recorded in the Master
CC&Rs for the project.
19
All backflow equipment shall be located above ground outside of the street
Public Utilities Water
setback area in a manner fully screened from all public streets and alleys.
Engineering
Any backflow assemblies currently installed in a vault will have to be
brought up to current standards. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division
outside of the street setback area in a manner fully screened from all public
streets and alleys. Said information shall be specifically shown on plans
and approved by Water Engineering and Cross Connection Control
Inspector.
PC2023-012
PC2023-012
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
20
All requests for new water services, backflow equipment, or fire lines, as
Public Utilities Water
well as any modifications, relocations, or abandonments of existing water
Engineering
services, backflow equipment, and fire lines, shall be coordinated and
permitted through Water Engineering Division of the Anaheim Public
Utilities Department.
21
All existing water services and fire services shall conform to current Water
Public Utilities Water
Services Standards Specifications. Any water service and/or fire line that
Engineering
does not meet current standards shall be upgraded if continued use is
necessary or abandoned if the existing service is no longer needed. The
Owner/Developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
22
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i)
Public Utilities Water
an easement for all large domestic above -ground water meters and fire
Engineering
hydrants, including a five (5) -foot wide easement around the fire hydrant
and/or water meter pad. (ii) a twenty (20) foot wide easement for all water
service mains and service laterals all to the satisfaction of the Water
Engineering Division. The easements shall be granted on the Water
Engineering Division of the Public Utilities Department's standard water
easement deed. The easement deeds shall include language that requires
the Owner to be responsible for restoring any special surface
improvements, other than asphalt paving, including but not limited to
colored concrete, bricks, pavers, stamped concrete, decorative hardscape,
walls, or landscaping that becomes damaged during any excavation, repair
or replacement of City owned water facilities. Provisions for the repair,
replacement, and maintenance of all surface improvements other than
asphalt paving shall be the responsibility of the Owner and included and
recorded in the Master CC&Rs for the project.
23
The Owner/Developer shall submit a water system master plan, including
Public Utilities Water
a hydraulic distribution network analysis, for Public Utilities Water
Engineering
Engineering review and approval. The master plan shall demonstrate the
adequacy of the proposed on-site water system to meet the project's water
demands and fire protection requirements.
24
The Owner/Developer shall submit to the Public Utilities Department
Public Utilities Water
Water Engineering Division an estimate of the maximum fire flow rate
Engineering
and maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off-site waters stem
PC2023-012
PC2023-012
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
improvements required to serve the project shall be done in accordance
with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations.
25
Water improvement plans shall be submitted to the Water Engineering
Public Utilities Water
Division for approval and a performance bond in the amount approved by
Engineering
the City Engineer and form approved by City Attorney shall be posted with
the City of Anaheim.
26
Individual water service and/or fire line connections will be required for
Public Utilities Water
each parcel or residential, commercial, industrial unit per Rule 18 of the
Engineering
City of Anaheim's Water Rates, Rules, and Regulations.
27
Prior to issuance of a building permit for the parking structure, plans shall
Public Works
demonstrate that storage areas, at -grade ducts and overhead pipes shall not
Department,
encroach in the parking space areas or required vehicle clearance areas.
Traffic Engineering
28
Prior to the issuance of a building permit, the applicant shall submit draft
Public Works
Covenants, Conditions and Restrictions (CC&Rs) that are prepared by an
Department,
authorized professional for review and approval by the City Engineer,
Traffic Engineering
Planning Director, and City Attorney, which will generally provide for the
following:
a. A requirement that residents shall use designated parking area,
including garages, only for the parking of vehicles.
b. A provision that parking garages are subject to inspection by the
Association or City of Anaheim staff.
c. A provision requiring that proposed amendments to the CC&Rs shall
be submitted for review to the City Engineer, Planning and Building
Director or designee, and shall be approved by the City Attorney prior to
the amendment being valid.
d. A provision that the City is a third -party beneficiary to the CC&Rs
and has the right, but not the obligation, to enforce any of the provisions
of the CC&Rs relative to common area and utility maintenance, Water
Quality Management Plan, and internal parking.
29
All CBC and CFC requirements shall be followed for permit issuance. Any
Fire Department
fire permits which includes fire sprinklers, fire alarm, etc. shall be
Community Risk
submitted directly to Anaheim Fire Prevention Department.
Reduction Division
30
A NFPA 13 or 13R system shall be required for this project.
Fire Department
Community Risk
Reduction Division
PC2023-012
PC2023-012
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
31
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
panel drawings, site plans, elevation plans, and related technical drawings
andspecifications.
UPW '171V
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
32
Owner/Developer shall install an approved backflow prevention assembly
public Utilities Water
on the water service connection(s) serving the property, behind property line
Engineering
and building setback in accordance with Public Utilities Department Water
Engineering Division requirements.
33
All public improvements shall be constructed by the owner/developer,
Public Works
inspected, and accepted by Construction Services prior to final building and
Department,
zoning inspection.
Development
Services Division
34
All remaining fees/deposits required by Public Works department must be
Public Works
paid in full.
Department,
Development
Services Division
35
Record Drawings and As-Built Plans shall be submitted for review and
Public Works
approval to the Department of Public Works, Development Services
Department,
Division.
Development
Services Division
36
That prior to final building and zoning inspection, fire lanes shall be posted
Public Works
with "No Parking Any Time." Said information shall be specifically shown
Department,
on plans submitted for building permits.
Traffic Engineering
37
Prior to Final Building and Zoning Inspections, the property
Public Works
owner/developer shall execute and record with the Orange County Recorder
Department,
an unsubordinated declaration of Covenants Conditions and Restrictions
(CC&Rs) to run with the land, satisfactory to the City Engineer, Planning
Traffic Engineering
Director, and City Attorney, which restricts the installation of vehicle gates
across the project driveways or access roads as the site design does not allow
any such gates to conform to City of Anaheim Engineering Standard Detail
475 pertaining to gate set back distance, turnaround area, guest phone,
separate lane for guest access, and minimum width for ingress/egress as
required by the Fire Department. Should gates be desired in the future, an
amendment to the CC&Rs approved by the City Engineer, Planning Director
and the City Attorney's office shall be recorded. Gates, if any, shall com 1
PC2023-012
PC2023-012
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
with the current version of City of Anaheim Engineering Standard Detail
475 and are subject to approval by the City Engineer.
OPERATIONAL CONDITIONS
38
The Owner shall be responsible for restoring any special surface
Public Utilities Water
improvements, other than asphalt paving, within any right-of-way, public
Engineering
utility easement or City easement area including but not limited to colored
concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or
landscaping that becomes damaged during any excavation, repair or
replacement of City owned water facilities. Provisions for maintenance of
all said special surface improvements shall be included in the recorded
Master CC&Rs for the project and the City easement deeds.
GENERAL CONDITIONS
39
The following minimum horizontal clearances shall be maintained
Public Utilities Water
between proposed water facilities (water mains, laterals, meters, fire
Engineering
hydrants) and other facilities:
• 10 -feet minimum separation (outside wall -to -outside wall) from
sanitary sewer mains and laterals
• 5 -feet minimum separation from all other utilities, including storm
drains, gas, and electric
• 6 -feet minimum separation from curb face
• 10 -feet minimum separation from structures, footings, and trees.
The following minimum clearances shall be provided around all new and
existing public water facilities (e.g., water mains, fire hydrants, service
laterals, meters, meter boxes, backflow devices, etc.):
• 10 feet from structures, footings, walls, stormwater BMPs, power
poles, streetlights, 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.
The following additional minimum clearances shall be maintained between
existing and proposed public water main and other facilities:
• 10 -feet minimum horizontal separation (outside wall -to -outside
wall) from sanitary sewer mains and laterals.
• 6 -feet minimum separation from curb face
• 12 -inch minimum vertical separation from other utilities.
PC2023-012
PC2023-012
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
40
No public water main or public water facilities shall be installed in private
public Utilities Water
alleys or paseo areas.
Engineering
41
No public water mains or laterals allowed under parking stalls or parking
public Utilities Water
lots.
Engineering
All fire services 2 -inch and smaller shall be metered with a UL listed meter,
Public Utilities Water
Hersey Residential Fire Meter with Translator Register, no equals.
Engineering
43
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
the approved utility service plan.
Engineering
44
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
45
Conditions of approval related to each of the timing milestones above shall
Planning and
be prominently displayed on plans submitted for permits. For example,
Building Department,
conditions of approval that are required to be complied with prior to the
Planning Services
issuance of building permits shall be provided on plans submitted for
Division
building plan check. This requirement applies to grading permits, fmal
maps, street improvement plans, water and electrical plans, landscape
irrigation plans, security plans, parks and trail plans, and fire and life safety
Tans, etc.
46
All new landscaping shall be installed in conformance with Chapter 18.46
Planning and
"Landscape and Screening" of the Anaheim Municipal Code and shall be
Building Department,
maintained in perpetuity. Landscaping shall be replaced in a timely manner
Planning Services
if it is removed, damaged, diseased and/or dead.
Division
47
The Applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to
Planning and
individually and collectively as "Indemnitees") from any and all claims,
Building Department,
actions or proceedings brought against Indemnitees to attack, review, set
Planning Services
aside, void, or annul the decision of the Indemnitees concerning this permit
Division
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.
48
The applicant is responsible for paying all charges related to the processing
of this discretionary case application within 30 days of the issuance of the
Planning and
final invoice orrior to the issuance of building permits for this project,
Building Department,
PC2023-012
PC2023-012
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
whichever occurs first. Failure to pay all charges shall result in delays in the
Planning Services
issuance of required permits or may result in the revocation of the approval
Division
of this application
49
The property shall be developed substantially in accordance with plans and
Planning and
specifications submitted to the City of Anaheim by the applicant and which
Building Department,
plans are on file with the Planning Department.
Planning Services
Division
PC2023-012
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, 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 April 24, 2023, by the following vote of the members
thereof:
AYES: Chairperson Kring, Vice Chairperson Henninger, Commissioners Castro, Perez,
Tran -Martin, and Walker
NOES:
ABSTAIN:
ABSENT: Commissioner Lieberman
IN WITNESS WHEREOF, I have hereunto set my hand this 24`h day of April 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-012