Resolution-PC 2023-038RESOLUTION NO. PC2023-038
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING A CONDITIONAL USE
PERMIT TO CONSTRUCT A NEW DRIVE -THROUGH
RESTAURANT AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2023-00028)
(1140-1190 North East Street)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for a conditional use permit to construct an 1,200
square foot drive through restaurant within an existing commercial retail center -large (the
"Proposed Project") for that certain real property located at 1140-1190 North East Street in the
City of Anaheim, County of Orange, State of California, as generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 2.16-acres in size and is currently
developed with a commercial retail center -large. The property is designated for Neighborhood
Center Commercial land uses in the 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 Anaheim Municipal Code (the "Code"); and
WHEREAS, Drive -Through Facilities require a conditional use permit subject to the
approval of the Planning Commission pursuant to Subsection .040 of Section 18.08.030 (Uses);
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 6, 2023, at 5:00 p.m., with 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 said proposed the Proposed
Project, and to investigate and make findings and recommendations in connection therewith. The
Planning Commission continued the public hearing to December 18, 2023, at 5:00 p.m.; 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 CEQA procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project
are exempt from the requirements to prepare additional environmental documentation under
CEQA as set forth in Sections 15303 and 15300.2 of the CEQA Guidelines as a Class 3 — New
Construction or Conversion of Small Structures Categorical Exemption. Class 3 consists of
construction and location of limited numbers of new, small facilities or structures, including
restaurants in urbanized areas, applying to up to four buildings not exceeding 10,000 square feet.
The project proposes the construction of a single restaurant structure of 1,200 square feet. 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 a conditional use permit, does find and determine the
following facts:
1. The Proposed Project is an allowable use within the "C-G' General
Commercial Zone Section 18.08.030 (Uses) of the Code, subject to a conditional use permit for
Drive -Through Facilities.
2. The Proposed Project, as conditioned herein, would not adversely affect the
growth and development of the surrounding land uses in that the Proposed Project would be
compatible and consistent with other commercial and retail in the vicinity. The proposed use and
development would be consistent and compatible with the commercial retail center and land use
pattern in the vicinity. In addition, the proposed use would be consistent with the General Plan
designation of Neighborhood Center Commercial that includes a mix of commercial uses to serve
the surrounding residential neighborhoods.
3. The size and shape of the Property 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
and would allow for the full development of the Proposed Project without conflicting with nearby
existing uses. The project has been designed to provide adequate circulation, meet all landscape
and structural setbacks, and would not affect the adjoining land uses. Extensive landscape
improvements and a block wall, along Briarwood Street and a portion of Romneya Drive, have
been designed to screen vehicle headlights from the adjacent residential uses. The commercial
retail center contains a common parking lot with the parking areas shared by its various
commercial uses, as well as drive -aisles to move vehicles within the shopping center and onto the
public right of way. The retail center with the Proposed Project provides parking which exceeds
the Code requirement.
4. 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. The Vehicle
Miles Traveled Screening Assessment, Revised Trip Generation and Queueing Analysis, and
application were reviewed by the City's Traffic and Transportation Division, and it was
determined that there will not be any significant traffic impacts as a result of the drive -through use,
and there will be adequate vehicular queueing for the proposed drive -through on -site. The Revised
Trip Generation Analysis and Queuing Evaluation recommends the installation of a raised median
in East Street and signage and pavement marking to restrict the left -turn outbound movement for
Driveway No. 1. In addition, fire truck and emergency service access were deemed adequate by
the Fire and Rescue Department, and sanitation service was deemed adequate by the Public Works
Streets and Sanitation Division.
5. 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 because
the Proposed Project would not substantially change the nature of the uses in the area. Conditions
- 2 - PC2023-038
of approval are included to ensure that the drive -through restaurant would be properly maintained
and remain compatible with the uses in the surrounding 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 negate 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 conditional use permit 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
for which the conditional use permit is applicable in order to preserve the health, safety and general
welfare of the citizens of the City of Anaheim. Extensions for further time to complete the
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 as to
compliance or approval of the request regarding any other applicable ordinance, regulation, or
requirement.
- 3 - PC2023-038
THE FOREGOING RESOLUTION was approved at the Planning Commission
meeting of December 18, 2023. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING d1QMMISSION
OF THE CITY OF ANAHEIIVI
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2023-038
EXHIBIT "A"
DEV NO.2023-00028
APN:
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073-396-22 0 3
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E KENWOOD AVE z
E ROMNEYA DR
215' o
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Z 220'
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Nj E BANYAN AVE
E SANDALWOOD AVE
E BELMONT AVE
tl ° S0 i00 Source_ Recorded Tract Maps andlor City GIS.
i Please note the accuracy is +/- two to five feet.
Feet
- 5 - PC2023-038
EXHIBIT "B"
DEVELOPMENT PERMIT NO.2023-00028
(DEV2023-00028)
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
l
Prepare and submit a final grading plan showing building footprints, pad
Public Works
elevations, finished grades, drainage routes, retaining walls, erosion control,
Development Services
slope easements and other pertinent information in accordance with
Anaheim Municipal Code and the California Building Code, latest edition.
2
Prepare and submit a final drainage study, including supporting hydraulic
Public Works
and hydrological calculations to the City of Anaheim for review and
Development Services
approval. The study shall confirm or recommend changes to the City's
adopted Master Drainage Plan by identifying off -site and on -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.
3
Execute a Save Harmless Agreement with the City of Anaheim for any
Public Works
storm drain connections to the City's storm drain system. The agreement
Development Services
shall be recorded by the applicant on the property prior to the issuance of
any permits.
4
Obtain the required coverage under California's General Permit for
Public Works
Stormwater Discharges associated with Construction Activity by providing
Development Services
a copy of the Notice of Intent (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.
5
Submit a Water Quality Management Plan (WQMP) to the City for review
Public Works
and approval. The WQMP shall be consistent with the requirements of
Development Services
Section 7 and Exhibit 7.II of the Orange County Drainage Area Management
Plan (DAMP) for New Development/Significant Redevelopment projects.
The WQMP shall 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.
6
Submit a geotechnical report to the Public Works Department for review
Public Works
and approval. The report shall address grading and any proposed infiltration
Development Services
features of the WQMP.
- 6 - PC2023-038
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
7
The Owner/Developer shall install an approved backflow prevention
Public Utilities Water
assembly on the water service connection(s) serving the property, behind
Engineering
property line and building setback in accordance with Public Utilities
Department Water Engineering Division requirements.
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
All CBC and CFC requirements shall be followed for permit issuance. Any
Anaheim Fire and
fire permits shall be submitted directly to Anaheim Fire Prevention Bureau.
Rescue
10
All drivable surfaces - Permanent, temporary, and phased emergency access
Anaheim Fire and
roads shall be designed and maintained to support an imposed load of 78,000
Rescue
lbs. and surfaced to provide all-weather driving capabilities
11
A water supply capable of providing minimum fire flow requirements as
Anaheim Fire and
referenced in Anaheim Fire Department's Fire Access Standard for fire
Rescue
hydrants and/or fire sprinkler system.
12
Prior to approval of permits for improvement plans, the property
Public Utilities
owner/developer shall coordinate with Electrical Engineering to establish
Electrical Engineering
electrical service requirements and submit electric system plans, electrical
panel drawings, site plans, elevation plans, and related technical drawings
andspecifications.
13
Prior to connection of electrical service, the legal owner shall provide to the
Public Utilities
City of Anaheim a Public Utilities easement with dimensions as shown on
Electrical Engineering
the approved utility service plan.
14
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
15
Obtain a Right -of -Way Construction Permit (RCP) from the Public Works
Public Works
Department and post a security for construction of all required public
Development Services
improvements within street right-of-way, which include but not limited to
the following:
a) Construction of the ultimate ADA compliant curb ramp at the corner of
Romneya Drive and Briarwood Street in accordance with the applicable
City standards.
b) Removal of the existing driveway approach on Romneya Drive and
construction of sidewalk and curb and gutter in its place, in accordance
with the applicable City standards.
c) Construction of a raised median island in East Street at Balsam Avenue
to restrict left turns out of the northern driveway on East Street.
Developer is advised that there is an active pavement moratorium
effecting East Street until November 29, 2024. Construction within East
Street durin V this moratorium shall be subject to the "Pavement
- 7 - PC2023-038
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
Moratorium" provisions of the City of Anaheim Standard Detail 132,
and as approved by the City Engineer.
16
Subject to prior approval by City Engineer, a cash -in -lieu payment based on
Public Works
the engineer's cost estimate, in an amount determined by the City Engineer,
Development Services
shall be paid to the City of Anaheim for the fixture ADA compliant curb
ramp at the corner of East Street and Romneya Drive.
17
Submit an interim soils report indicating pad compaction and site stability
Public Works
prepared by the projects Geotechnical Engineer of Record. The pad
Development Services
compaction report shall include a site plan showing the compaction testing
locations.
18
Provide a certificate from the project's Registered Civil Engineer certifying
Public Works
that the finished grading has been completed in accordance with the City
Development Services
approved grading plan.
19
The legal owner shall provide proof of the property's compliance with the
Public Works
Subdivision Map Act to the Public Works Department for review and
Development Services
approval. If the property is determined to be non -compliant, the legal owner
shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department. The Certificate of
Compliance shall be approved by the City Surveyor and recorded at the
Oran:,,e Count y Recorder's office.
20
All onsite sewer lines shall be privately owned and maintained by the
Public Works
property owner and shall be designed per current California
Development Services
Building/Plumbing Code, and shall be submitted to, reviewed, and approved
by the Building Division.
21
All site landscape plans shall comply with the City of Anaheim adopted
Public Works
Landscape Water Efficiency Guidelines. This ordinance is in compliance
Development Services
with the State of California Model Water Efficient Landscape Ordinance
(AV 1881).
22
The developer shall pay all applicable development impact fees required
Public Works
under the Anaheim Municipal Code.
1
Development Services
23
Curbs adjacent to the drive aisles shall be painted red to prohibit parallel
Public Works
parking in the drive aisles. Red curb locations shall be clearly labeled on
Traffic Engineering
building plans.
24
All fire lanes shall be posted with "NO PARKING ANY TIME". Said
Public Works
information shall be specifically shown on the plans submitted for Building
Traffic Engineering
elan check.
- 8 - PC2023-038
RESPONSIBLERTMENNT
NO.
CONDITIONS OF APPROVAL
DEPAARTM
25
Prior to the issuance of the first building permit, the property
Public Works
Owner/Developer shall design and submit street improvement plans to the
Traffic Engineering
City of Anaheim Public Works Department Development Services Division
for review and approval of the improvements identified in the Revised Trip
Generation Analysis and Queuing Evaluation for the Proposed Starbucks
with Drive -Through at Gonzalez Plaza Addendum Analysis dated
December 6, 2023. These improvements shall be included in the Right of
Way Construction Permit (RCP) that will be submitted for any other
improvements proposed in the public right-of-way. All improvements shall
be completed prior to the first final building and zoning inspection. The
improvements identified in the traffic study consist of the following:
• Install raised median on East Street on the north leg of the Balsam
Avenue intersection across the northerly driveway on East Street as
illustrated in Figure 20 of the referenced study.
• Add necessary signs and striping consistent with the current version
of the California Manual of Uniform Traffic Control Devices to
prohibit westbound left turns from the northerly driveway at East
Street.
Should it be determined that the measures identified to eliminate westbound
left turns from the northerly driveway prove to be ineffective, the
developer/property owner will be required to meet with the City of Anaheim
to discuss and im )lement corrective measures.
26
Prior to the issuance of building permits, plans shall show R3-5(R) (RIGHT-
I Public Works
TURN -ONLY) signs and right -turn arrow pavement legends at the northerly
Traffic Engineering
driveway at East Street. Subject property shall thereupon be developed and
maintained in conformance with said plans.
27
Property owner/developer shall be responsible for design and construction
Public Works
of traffic signal modifications at East Street/Romneya Drive intersection, if
Traffic Engineering
needed. Prior to the issuance of the building permits, the property
owner/developer shall submit traffic signal modification plans to the Public
Works Department - Traffic Engineering for any required traffic signal
modifications at the East Street/Romneya Drive intersection. All traffic
signal modifications and improvements shall be completed prior to final
building and zoning inspection.
28
Prior to issuance of building permits, a bond shall be posted for all traffic
Public Works
related improvements including, but not limited to stripping, signage, and
Traffic Engineering
traffic signal modifications as required for said project. All improvements
identified as required for the project opening shall be completed prior to
final building and zoning inspection.
29
All backflow equipment shall be located above ground outside of the street
Public Utilities
setback area in a manner fully screened from all public streets and alleys.
Water 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 ublic
- 9 - PC2023-038
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
streets and alleys. Said information shall be specifically shown on plans and
approved by Water Engineering and Cross Connection Control Inspector.
30
All requests for new water services, backflow equipment, or fire lines, as
Public Utilities
well as any modifications, relocations, or abandonments of existing water
Water Engineering
services, backflow equipment, and fire lines, shall be coordinated and
permitted through Water Engineering Division of the Anaheim Public
Utilities Department.
31
All existing water services and fire services shall conform to current Water
Public Utilities
Services Standards Specifications. Any water service and/or fire line that
Water 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.
32
Individual water service and/or fire line connections will be required for
Public Utilities
each parcel or residential, commercial, industrial unit per Rule 18 of the City
Water Engineering
of Anaheim's Water Rates, Rules, and Regulations.
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
33
All public improvements shall be constructed by the developer, inspected,
Public Works
and accepted by Construction Services prior to final building and zoning
Development Services
inspection.
34
All remaining fees/deposits required by the Public Works Department must
Public Works
be paid in full.
Development Services
35
Prior to final building and zoning inspections, all required WQMP items
Public Works
shall be inspected and operational.
Development Services
36
Record Drawings and As -Built Plans shall be submitted for review and
Public Works
approval to the Public Works Department, Development Services Division.
Development Services
37
Owner/Developer shall install an approved backflow prevention assembly
Public Utilities
on the water service connection(s) serving the property, behind property line
Water Engineering
and building setback in accordance with Public Utilities Department Water
Engineering Division requirements.
38
Complete a Burglary/Robbery Alarm Permit application, Form APD 516,
Police Department
and return it to the Police Department prior to initial alarm activation. This
Planning & Research
form is available at the Police Department front counter.
39
Building shall be equipped with a comprehensive security alarm system
Police Department
(silent or audible) for the following coverage areas:
Planning & Research
a) Perimeter of building and access route protection.
b) High valued storage areas.
-10 - PC2023-038
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
40
Address numbers shall be positioned so as to be readily readable from the
Police Department
street. Number should be illuminated during hours of darkness.
Planning & Research
41
Rooftop address numbers shall be installed on the roof of the building for
Police Department
the police helicopter. Minimum size 4' in height and 2' in width. The lines
Planning & Research
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.
42
Adequate lighting of parking lots, passageways, recesses, and grounds
Police Department
contiguous to buildings shall be provided with lighting of sufficient wattage
Planning & Research
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.
43
All exterior doors shall have their own light source, which shall adequately Police Department
illuminate door areas at all hours to make clearly visible the presence of any Planning & Research
person on or about the premises and provide adequate illumination for
persons exiting the building.
44
"No Trespassing 602(k) P.C." shall be posted at the entrances of parking 1 Police Department
lots/structures and located in other appropriate places. Signs must be at Planning & Research
least 2' x F in overall size, with white background and black 2" lettering.
45
All entrances to parking areas shall be posted with appropriate signs per
Police Department
22658(a) C.V.C., to assist in removal of vehicles at the property
Planning & Research
owners/manager's request.
OPERATIONAL CONDITIONS
46
Ongoing during project operation, should the vehicle queue reach any public
Public Works
street, staff members shall be positioned at the end of the on -site queue near
Traffic Engineering
the entrances to direct traffic. This measure shall be implemented for a short
timeframe, as needed, until the queue dissipates.
47
Ongoing during project operations, all deliveries including loading and
Public Works
unloading shall be performed on site. Deliveries shall not block nor take
Traffic Engineering
place on any part of the public right of way.
48
The Owner shall be responsible for restoring any special surface
Public Utilities
improvements, other than asphalt paving, within any right-of-way, public
Water 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 Cit) easement deeds.
-11 - PC2023-038
RESPONSIBLE
NO. CONDITIONS OF APPROVAL DEPARTMENT
GENERA_ L CONDITIONS _ ..
49
The following minimum horizontal clearances shall be maintained between
Public Utilities
proposed water main and other facilities:
Water Engineering
• 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.
50
No public water mains or laterals allowed under parking stalls or parking
Public Utilities
lots.
Water Engineering
51
All new landscaping shall be installed by the owner developer in
Planning and Building
conformance with Chapter 18.46 "Landscape and Screening" of the
Department,
Anaheim Municipal Code and shall be maintained in perpetuity.
Landscaping shall be replaced in a timely manner if it is removed, damaged,
Planning Services
diseased and/or dead.
Division
52
All new signage shall be installed in conformance with Chapter 18.44
Planning and Building
"Signs" of the Anaheim Municipal Code. Separate permits for signage shall
Department,
be obtained from the Planning and Building Department.
Planning Services
Division
53
The facility shall operate in accordance with the Project Description
Planning and Building
submitted as part of the application. Any changes to the facility's operation
Department,
described in the Project Description shall be submitted by the
owner/developer/tenant/operator subject to review and approval by the
Planning Services
Planning and Building Director to determine substantial conformance with
Division
said letter and to ensure compatibility with the surrounding uses.
54
The property shall be developed substantially in accordance with plans and
planning and Building
specifications submitted to the City of Anaheim by the applicant and which
Department,
plans are on file with the Planning Department and as conditioned herein.
Planning Services
Division
- 12 - PC2023-038
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
55
The Owner/Developer 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 permits for
this project, whichever occurs first. Failure to pay all charges shall result in
Planning Services
delays in the issuance of required permits or may result in the revocation of
Division
the approval of this application.
56
The Owner/Developer shall defend, indemnify, and hold harmless the City
planning and Building
and its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
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 roceedin,-.
- 13 - PC2023-038
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 December 18, 2023, by the following vote of the
members thereof:
AYES: Chair Kring, Vice Chair Henninger, and Commissioners Castro, Tran-Martin, and
Walker
NOES:
ABSENT: Commissioner Lieberman
ABSTAIN: Commissioner Perez
2023.
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of December
t'� Z=�!
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-038