Resolution-PC 2016-056RESOLUTION NO. PC2016-056
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2010-05486, AMENDING CONDITIONS OF
APPROVAL OF RESOLUTION NO. PC 2015-097 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2009-00083F)
(2232 SOUTH HARBOR BOULEVARD)
WHEREAS, on July 19, 2010, and subject to certain conditions of approval, the Planning
Commission of the City of Anaheim (hereinafter referred to as ("Planning Commission"), by its
Resolution No. PC2010-057, did approve Conditional Use Permit 2010-05486 (the "Original
CUP") to permit the conversion of two adjoined vacant commercial buildings located on a legal,
non -conforming 4.8 -acre site into the "Battle of the Dance" dinner theater, which included
enhanced landscaping and wall murals, located at 2232 South Harbor Boulevard, City of
Anaheim, County of Orange, State of California (the "Property"), as generally depicted on the
map attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, on May 7, 2012, and subject to certain conditions of approval, the Planning
Commission, by its Resolution No. PC2012-033, approved an amendment to the Original CUP
(designated as "Conditional Use Permit No. 2010-05486B") to permit additional entertainment
and community assembly uses (including private parties, meetings and banquets, religious
services, and sporting and convention events) in conjunction with a previously -approved dinner
theater, with or without the sale of alcoholic beverages for on -premises consumption, but denied
the request to allow public dances (dance venue), launch parties and music concerts (herein
referred to as the "2012 Amendment"); and
WHEREAS, on April 7, 2014, and subject to certain conditions of approval, the Planning
Commission, by motion, approved a minor amendment to the Original CUP (designated as
"Conditional Use Permit No. 2010-05486C") to revise the floor plan for a previously -approved
dinner theater, restaurant, and banquet facility to accommodate a full-service restaurant and
dinner theater (herein referred to as the "2014 Amendment"); and
WHEREAS, on May 18, 2015, and subject to certain conditions of approval, the Planning
Commission, by its Resolution No. PC2015-037, approved an amendment to the Original CUP
(designated as "Conditional Use Permit No. 2010-05486D"), in part, to change the use from a
dinner theater to a live performance theater, to extend the operating hours an additional one half
hour for the banquet facility and restaurant, and to modify previously -approved floor plans,
while denying that portion of the request to extend the hours of operation for the restaurant and
the banquet facilities (herein referred to as the "May 2015 Amendment"); and
WHEREAS, on December 14, 2015, and subject to certain conditions of approval, the
Planning Commission, by its Resolution No. PC2015-097, approved an amendment to the
Original CUP (designated as "Conditional Use Permit No. 2010-05486E"), in part, to allow
concerts in the theater, to allow the restaurant to operate concurrently with events in the theater,
and to amend a condition pertaining to lighting, while denying that portion of the request
pertaining to extended hours of operation (herein referred to as the "December 2015
Amendment"); and
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WHEREAS, the Original CUP, the 2012 Amendment, the 2014 Amendment, the May
2015 Amendment and the December 2015 Amendment shall be referred to collectively herein as
the "CUP". The conditions of approval which were the subject of the Original CUP, as amended
and modified by the 2012 Amendment, the 2014 Amendment, the May 2015 Amendment, and
the December 2015 Amendment shall be referred to herein collectively as the "Previous
Conditions of Approval"; and
WHEREAS, this Property is currently developed with a 43,500 square foot building,
located within the boundaries of the Anaheim Resort Specific Plan and within the Commercial
Recreation (C-R) District (Development Area 1) of the Anaheim Resort Specific Plan Zone. The
Property is designated for Commercial Recreation land uses in the Anaheim General Plan; and
WHEREAS, one of the conditions of approval which was the subject of the December
2015 Amendment (specifically, Condition No. 1) requires the CUP to be reviewed by the
Planning Commission at a noticed public hearing six months from December 15, 2015 to ensure
on-going compliance with the conditions of approval and to ensure that the venue is being
operated without detriment to the surrounding neighborhood; and
WHEREAS, in connection with the 6 -month review required under the December 2015
Amendment, the Planning Commission did receive a verified petition to further amend the CUP
(designated as "Conditional Use Permit No. 2010-05486F") to (1) allow public parking when the
venue is not in use, (2) to modify Conditions Nos. 2, 7, 21, 31 and 45, and (3) to delete
Conditions Nos. 1 and 5, as more particularly described in the staff report presented at this
hearing (herein referred to as the "Proposed Project"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 27, 2016 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 Anaheim Municipal Code (the "Code"), to hear and consider evidence for
and against the six-month compliance review and said proposed Conditional Use Permit No.
2010-05486F, and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 —
Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the
CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment
and is, therefore, categorically exempt from the provisions of CEQA; and
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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 an amendment to the CUP, does find and determine the
following facts:
1. An Entertainment Venue, Community and Religious Assembly, and Automotive -
Public Parking are allowable primary uses and structures, subject to a conditional use permit, at
the Property under Section 18.116.070 (Uses — Commercial Recreation (C-R) District
(Development Area 1) of the Code.
2. With the exception of the requests to amend the CUP to permit later hours of
operation for banquets, more time to clear the property of guests, the removal of the condition
pertaining to tables and table covers for sound absorption, and earlier operating hours on
Sundays for religious events, the request to change the operations of the existing live
performance theater, as more particularly described in the staff report presented at this hearing
and under the conditions imposed, will not adversely affect the surrounding land uses and the
growth and development of the area, with the implementation of the conditions of approval.
3. Except for those uses proposed by the applicant that are described in the staff report
presented at this hearing are not recommended for approval by staff, the size and shape of the
site is adequate to allow the full operation of the balance of the uses proposed under Conditional
Use Permit No. 2010-05486F in a manner not detrimental to the particular area or to the health,
safety and general welfare of the public because no expansion to the building is proposed and all
activities would be inside the building, with the exception of the proposed public parking, which
would be monitored by security staff.
4. The traffic generated at the site would 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 traffic impacts associated with the
originally -permitted dinner theater.
5. The granting, in part, of the amendment to the CUP, as more particularly described in
the staff report presented at this hearing, under the conditions imposed, will not be detrimental to
the health and safety of the citizens of the City of Anaheim and will provide a land use that is
compatible with the surrounding area.
WHEREAS, the Planning Commission does further find and determine, with respect to
the request for later hours for the banquets, more time to clear the property of guests, removal of
the condition pertaining to tables and table covers for sound absorption, and earlier operating
hours on Sundays for religious events, that all of the conditions and criteria for fully approving
the requested amendment to this conditional use permit are not present for the following reasons:
1. Noise associated with the end of an event, including car alarms, music being
played from cars, and patrons talking and loitering in parking areas are inevitable; therefore, the
facility should close at an acceptable hour so as not to affect the peaceful enjoyment of the
surrounding homes.
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2. The Property is adjacent to residential uses to the south and east, which are
immediately adjacent to the parking areas for the facility. Closing hours beyond those approved
would impact the quiet enjoyment of the neighbors' properties. Opening hours on Sunday that
are earlier than those approved would also impact the quiet enjoyment of the neighbors'
properties.
3. The sound tests conducted by staff after the soundproofing was installed,
occurred when the tables and table covers were in place within the theater. The tables and table
covers contribute to sound absorption within the theater and are necessary to reduce noise heard
outside of the building.
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 the Planning Commission, for the reasons
hereinabove stated, does hereby approve Conditional Use Permit No. 2010-05486F to (1) delete
the condition of approval requiring a six-month review; (2) allowing public parking when the
venue is not in use; (3) operation until 2 a.m. on New Year's Eve; (4) concurrent use of the
theater and main dining room for banquets; (5) modifying a condition pertaining to patrons
parking on-site; and (6) modifying a condition to clarify that a public hearing is required to
revoke the permit; provided, however, that the Planning Commission does hereby deny that
portion of the request for (1) later hours for the banquets; (2) more time to clear the property of
guests; (3) removal of the condition pertaining to tables and table covers for sound absorption;
and (4) earlier operating hours on Sundays for religious events, all as more particularly described
in the staff report presented at this hearing.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve
Conditional Use Permit No. 2010-05486F contingent upon and subject to the conditions of
approval set forth in Exhibit B attached hereto and incorporated herein by this reference (the
"Revised Conditions of Approval").
BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution,
the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and
hereby replace the Previous Conditions of Approval in their entirety. All references to the
conditions of approval for the CUP shall be to the Revised Conditions of Approval attached to
this Resolution as Exhibit B, which shall control and govern the CUP, as amended by
Conditional Use Permit No. 2010-05486F.
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BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to
the uses permitted under the CUP, as amended by Conditional Use Permit No. 2010-05486F, 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 those conditions of approval that relate to
the uses permitted under Conditional Use Permit No. 2010-05486F 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(s), (ii) the modification complies
with the Code, and (iii) the applicant has demonstrated significant progress toward establishment
of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 27, 2016. 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.
ATTEST:
oG•
CHAIR, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 June 27, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: LIEBERMAN
ABSENT: COMMISSIONERS: CALDWELL
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of June, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2009-00083F
APN: 233-051-08
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Source: Recorded Tract Maps and!or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2010-05486 (CUP2010-05486F)
(DEV2009-00083F)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
Hours of operation shall be limited to the following:
Planning and Building
Department
Banquets and Restaurant:
Police Department
• Sunday— Thursday: 9:00 a.m. to 10:00 p.m.
• Friday/Saturday: 9:00 a.m. to midnight
Theater:
• Sunday— Thursday: 9:00 a.m. to 10:00 p.m.
• Friday/Saturday: 9:00 a.m. to 11:30 p.m.
New Year's Eve:
• 9:00 a.m. to 2:00 a.m. (the following day)
Guests must be cleared from the property within 30 minutes of the
time limits stated above. Security personnel shall be responsible for
maintaining orderly conduct and prompt exiting from the property.
The disassembly and/or loading of equipment following events shall
cease no later than one hour beyond the time limits stated above.
2
Deejays, bands or any other form or live entertainment shall be
Police Department
limited to the following:
• Sunday— Thursday: 9:00 a.m. to 10:00 p.m.
• Friday/Saturday: 9:00 a.m. to midnight
3
The maximum sound level within the venue shall be maintained at
Planning and Building
85 decibels or less.
Department
4
The tables and table covers shall be maintained in the theater during
Planning and Building
events to serve as sound absorption.
Department
5
Ticketed concert or musical events or any concert or musical event
Planning and Building
open to the general public shall not be held in any restaurant/banquet
Department
area.
6
Concurrent events are permitted in the theater and main dining room
Planning and Building
subject to the following:
Department
• Guests entering and exiting the theater area shall be
physically separated from guests attending an event in the
main dining room.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
• If City staff determines that holding events in both the
theater and main dining room results in a parking deficiency,
staff will immediately contact the operator and concurrent
events will no longer be permitted until and unless the
operator makes alternate parking arrangements, such as
executing a shared parking agreement with an adjacent
property. Until such alternate parking arrangements are
made, the following limitations to concurrent events shall
apply:
• During an event in the theater, up to 175 restaurant
patrons are permitted.
• During an event in the theater, a private event shall not
be held in the main dining room.
• During an event in the theater and a private event in the
small banquet room, the restaurant shall not be open to
the public.
7
Events taking place on the same day shall be scheduled a minimum
Planning and Building
of two hours apart in order to ensure an adequate number of on-site
Department
parking spaces and adequate traffic flow.
8
The number of persons admitted shall not exceed 990 guests for
Planning and Building
events held within the theatre portion of the venue.
Department
9
If noise complaints are received, and are validated by City staff, the
Planning and Building
applicant must cease operation of the noise source until such time
Department
that additional measures are implemented to eliminate the noise.
10
Trash shall not be emptied into outside trash containers between the
Planning and Building
hours of 10:00 p.m. and 7:00 a.m.
Department
11
A chain or other barrier/barricade shall be maintained at either end
Planning and Building
of the south drive aisle from one hour before to one hour after events
Department
to prohibit cars and buses from driving through or parking in this
area.
12
The permitted event or activity shall not create sound levels that
Planning and Building
violate any ordinance of the City of Anaheim.
Department
13
The Parking Management Plan is subject to continuous review by
Planning and Building
the Planning and Building Department and Public Works, Traffic
Department,
and Transportation Division. The plan shall include measures to
Public Works
ensure that the parking of vehicles and valet activities do not affect
Department
traffic on Harbor Boulevard and do not cause a disturbance to the
residential neighbors.
14
The business owner shall require that any valet operator review the
Planning and Building
Parking Management Plan and conditions of approval pertaining to
Department
valet operations and sign an agreement that they will comply with
the requirements.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
15
Valet attendants shall park vehicles in the numbered stalls reserved
Planning and Building
for valet. Valet attendants shall not rely upon chirping the key fobs
Department
to locate vehicles.
16
The valet stand shall be located at the west entry, as shown on the
Public Works
approved Parking Management Plan.
Department,
Traffic and
Transportation
Division
17
The ongoing ability for guests to self -park at no charge shall be
Planning and Building
clearly posted. Optional valet parking may also be provided.
Department
Public Works
Department, Traffic
and Transportation
Division
18
The parking area immediately behind the building shall be reserved
Planning and Building
for employees. Guests are not permitted to park in this area.
Department
19
No buses are allowed in the parking area on the east side of the
Planning and Building
property, or the drive aisle along the south side of the property,
Department
including, but not limited to, buses for tour companies or
performers.
20
During events in the theater or banquet areas, parking lot attendants
Planning and Building
shall be present and direct all patrons to park on the premises.
Department
21
The same security team for all events shall be provided by the
Police Department
business owner, utilizing a company approved by the Police
Department. Customers hosting events at the facility are not
permitted to employ or provide their own security, except for
security that is in addition to the security team provided by the
business owner.
22
The Security Plan is subject to continuous review by the Police
Police Department
Department, Vice Detail. The plan shall include measures to deter
unlawful conduct of employees and patrons, promote the safe and
orderly assembly and movement of persons and vehicles, and to
prevent disturbances to the neighborhood by excessive noise created
by patrons entering or leaving the premises.
23
Any and all security officers provided shall comply with all State
Police Department
and Local ordinances regulating their services, including, without
limitation, Chapter 11.5 of Division 3 of the California Business
and Profession Code.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
24
The eastern portion of the property shall be provided with enough
Police Department
lighting to illuminate and make clearly visible the presence of any
person on or about the premises between dusk and 5:30 a.m.
25
All south and east facing doors shall remain closed at all times,
Police Department
except in case of an emergency. Security guards shall monitor the
south and east doors during events to ensure that they remain
closed.
26
Security personnel shall be responsible for maintaining orderly
Police Department
conduct and prompt exiting from the property.
27
Management shall e-mail a monthly calendar of
Police Department
entertainment/events to the Vice Detail, attention
mmirwinkanaheim.net, prior to the start of each month.
Alternatively, the operator shall consistently maintain an "Event
Calendar" on the website for the business.
28
Any graffiti painted or marked upon the premises or on any
Planning and Building
adjacent area under the control of the licensee shall be removed or
Department
painted over within 24 hours of being applied.
29
Any television or film activity shall be limited to filming, recording
Planning and Building
or broadcasting events that are authorized by this conditional use
Department
permit.
30
As recommended by the updated parking analysis prepared by
Public Works
Kunzman Associates, Inc. (dated March 7, 2012), events shall
commence no earlier than 9:00 a.m.
31
As required by the facility's Type 47 (On -Sale -General — Eating
Police Department
Place) Alcohol Beverage Control license, at all times when the
premise is open for business, the premise shall be maintained as a
bona fide restaurant and shall provide a menu containing an
assortment of food normally offered in a restaurant.
32
That subject alcoholic beverage license shall not be exchanged for a
Police Department
public premise (bar) type license nor shall the establishment be
operated as a public premise as defined in Section 23039 of the
Business and Professions Code.
33
The sale of alcoholic beverages for consumption off the premise
Police Department
shall be prohibited.
34
There shall be no exterior advertising or sign of any kind or type,
Police Department
including advertising directed to the exterior from within, promoting
or indicating the availability of alcoholic beverages. Interior
displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
35
The business shall not employ or permit any persons to solicit or
Police Department
encourage others, directly or indirectly, to buy them drinks in the
licensed premises under any commission, percentage, salary, or
other profit-sharing plan, scheme or conspiracy. (Section 24200.5
Alcoholic Beverage Control Act)
36
Petitioner shall not share any profits, or pay any percentage or
Police Department
commission to a promoter or any other person, based upon monies
collected as a door charge, cover charge, or any other form of
admission charge, including minimum drink orders, or the sale of
drinks.
37
All employees and patrons shall be clothed in such a way as to not
Police Department
expose "specified anatomical areas" as explained in the Anaheim
Municipal Code.
38
Petitioner(s) shall not require patrons to purchase a minimum
Police Department
number of drinks.
39
Entertainment is allowed only within the building. No
Police Department
entertainment, including band warm-up and rehearsal, is allowed in
the parking lot.
40
The property shall not be operated as a "Dance Venue", as defined
Police Department
in Section 18.92.070 of the Anaheim Municipal Code.
41
No minor under the age of sixteen (16) years shall be allowed to
Police Department
attend the dance or event, unless accompanied by a parent or
guardian.
42
Managers, owners, bar tenders, and wait staff shall call the
Police Department
Department of Alcoholic Beverage Control and obtain LEAD
(Licensee Education on Alcohol and Drugs) Training. The contact
number is (714) 558-4101.
43
The business shall not be operated in such a way as to be detrimental
Police Department
to the public health, safety or welfare.
44
Any violation of the application, or any attached conditions, shall be
Police Department
sufficient grounds to revoke the permit, subject to a public hearing.
45
Signs shall be posted on the interior of the south and east facing exit
Planning and Building
doors stating "Do Not Open, Except in Emergencies."
Department
46
All guest parking spaces that may be used for valet service shall be
Planning and Building
marked with a number. The 34 parking spaces behind the building
Department
and closest to the south property line shall be marked "Employee."
47
Signs shall be posted at all exits stating "No alcohol beyond this
Police Department
point."
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
48
When no events are held within the venue, the parking lot may be
Planning and Building
used for public parking, including charging a fee for parking. The
Department
business owner must provide a security guard to monitor the site
when used for public parking.
49
When no events are held within the venue, the parking lot may be
Planning and Building
used for public parking, including charging a fee for parking. All
Department
other outdoor activities are prohibited, including, but not limited to,
food trucks or carts, merchandise sales, or entertainment.
50
When no events are held within the venue, the parking lot may be
Planning and Building
used for public parking, including charging a fee for parking. No
Department
overnight parking of vehicles shall be allowed in conjunction with
this use. Hours of operation for public parking shall be consistent
with the permitted hours of operation for the venue, as described in
Condition No. 1, above.
GENERAL
51
The subject Property shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim by
Department
the petitioner and which plans are on file with the Planning and
Building Department, and as conditioned herein.
52
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department
referred to individually and collectively as "Indemnitees") from any
and all claims, actions or proceedings brought against Indemnitees
to attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts
or determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys' fees and other
costs, liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
53
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department
issuance of the final invoice or prior to the issuance of building
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.
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