Loading...
Resolution-PC 2019-035RESOLUTION NO. PC2019-035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05963 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00037) (2691 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2019- 05963 to allow a conversion of an existing 70 -room motel into a 70 -unit Permanent Supportive Housing development (the "Proposed Project") on real property located at 2691 West La Palma Avenue 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 one -acre in size and is currently developed with a two-story, 70 -room motel (Econo Lodge). The Anaheim General Plan designates the Property for Office -Low land uses, and the Property is located in the "C -G" General Commercial Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.08 (Commercial 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 August 5, 2019 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 proposed Conditional Use Permit No. 2018-05963, 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 consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of existing or former use. The Project includes conversion of the existing motel building into a Permanent Supportive Housing and proposes architectural enhancements to the fagade of the existing building and no additional square footage except for a 1,400 square -foot accessory building to the interior of the Property. Pursuant to Section 15300.2 (c) and 15301 of the CEQA Guidelines, there is no reasonable possibility that the Project will have a significant effect on the - 1 - PC2019-035 environment due to unusual circumstances and, therefore, the Proposed Project is categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the Proposed Project and, specifically, with respect to the request for Conditional Use Permit No. 2018-05963, does find and determine the following: 1. The proposed request to convert an existing motel into a Permanent Supportive Housing development is an allowable use within the "C -G" General Commercial Zone under subsection .010 of Section 18.08.030.010 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C -G" General Commercial Zone, subject to additional standards of Section 18.42.215 (Residential Uses of Motels, Commercial and Office Structures) of the Code; 2. The Proposed Project, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the Proposed Project would be required to comply with a number of operational criteria in order to ensure that the Proposed Project is operated in a responsible manner and would not have an adverse effect on the surrounding community. In addition, the project site was determined to be well suited and result in equitable and appropriate distribution of such housing units within the City of Anaheim; 3. The size and shape of the site for the Proposed Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because the Proposed Project would re -use the existing motel building and all other related improvements would be located on-site; 4. The traffic generated by the facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking and circulation will be provided to accommodate the use. In addition, the proposed 22 on-site parking spaces are sufficient to meet the anticipated parking demand for the Proposed Project; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the Proposed Project would provide much needed housing and comprehensive support services for persons impacted by homelessness, which is consistent with the City Council's Housing First Model that prioritizes the development of Transitional and Supportive Housing. - 2 - PC2019-035 WHEREAS, the Planning Commission does further find and determine the following: 1. The Proposed Project meets all of the provisions of Section 18.38.215 (Residential Uses of Motels, Commercial and Office Structures) of the Zoning Code and the following have been approved in substantial form: Affordability Covenant, Wrap Around Services Plan, Marketing and Tenant Selection Plan, Exterior Lighting Plan, Facility Management Plan, Parking Management Plan and Communications Plan. A draft written agreement with the Anaheim Housing Authority has been prepared to ensure proper development and operation of the Supportive Housing. The Proposed Project is inclusive of amenities and services that provides a high level of livability for residents, and would be managed and operated in a manner that would ensure compatibility with surrounding uses. Also, the Proposed Project is in support of City Council policies to address homelessness and find creative housing solutions since the Proposed Project would provide much needed supportive housing to individual that are impacted by homelessness; 2. All living units are of sufficient size and exceed the minimum required floor area established by the Zoning Code, and include all necessary amenities to provide a quality living environment. In addition, the Proposed Project includes a number of common recreation areas and community facilities; and 3. The project site is reasonably accessible to necessary services, which includes a regional shopping center with a grocery store, OCTA transit stop, a City park, and a medical facility. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2018-05963, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 2018- 05963 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 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. - 3 - PC2019-035 BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Sections 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 August 5, 2019. 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. CHAIRP SON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: 'S� -ve - SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-035 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 August 5, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 5t` day of August, 2019. 01 SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2019-035 EXHIBIT "A" ®EN' NO. 2018-00037 APN: 070-761-12 �r L W 0 a 0 m BUE DANA RK a h u N Q 93" � 46 d 4....r.. ..�.a-aasr�ri�r+ir�rr• W LA PALMA AVE 3 > a 4 �? e t1 Q a Q Q r /rSource Recorded Tract maps ancvor C+ty GIs vv ar Edeas@ nose ttie accmfocy is +?- two io Cve Few - 6 - PC2019-035 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2018-05963 (DEV2018-00037) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMIT 1 A grading plan shall be submitted to the Public Works Department, Public Works Development Services Division for review and approval. Grading shall Department, conform to requirements of Chapter 17.04 of the Anaheim Municipal Code. Development Services Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City Division approved grading plan. Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. The grading plans shall incorporate the required drainage improvements and the mechanisms proposed in the approved Final Drainage Report. No offsite run-off shall be blocked during and after grading operations. 2 Submit a Drainage Study with a hydrology map prepared by a registered Public Works professional Civil Engineer in the State of California to the Public Works Department, Department, Development Services Division for review and approval Development Services along with the required plan check deposit. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual Division and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub -area boundaries per the Master Plan for Drainage shall be maintained. The Final Drainage report shall address the drainage velocity on the new on-site improvements and potential impacts to the existing drainage system. Also, the plans shall show that all concentrated flow shall be contained within an approved drainage device and preserve the existing flows and the manner drainage is conveyed downstream. The Drainage Study shall also include hydraulic analysis of all drainage impacts to the existing ravines and storm drain system based upon the ultimate project build -out condition; and address whether on-site drainage improvements (such as detention/ retention basins for surface runoff reduction) will be required to ensure post -development run-off is less than or equal to the existing predevelopment run-off and prevent downstream properties from becoming flooded and/or exceeding the capacity of the ravine. The Study shall include: an analysis of 10-, 25- and 100 -year storm frequencies for existing predevelopment condition and proposed post - development condition along with hydrology maps for each condition. 3 Submit a Geotechnical Report to the Public Works Department, Public Works Development Services Division for review and approval. A site specific Department, geology and geotechnical engineering study including seismic hazards Development Services and liquefaction potential evaluation will need to be conducted for the Division design and construction of the proposed project. Include infiltration - 7 - PC2019-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT testing at the location of the proposed BMPs in accordance with the TGD criteria in order to evaluate infiltration feasibility. The Geotechnical Report shall specifically identify the infiltration testing methodology, measurements, and results pursuant to the TGD. The report shall be consistent with the WQMP worksheets and BMP design. 4 Submit the final Water Quality Management Plan (WQMP) to the Public Public Works Works Department, Development Services Division for review and Department, approval and comply with the most current requirements of the Orange Development Services County Drainage Area Management Plan (DAMP). In addition, the Division following conditions must be complied with in the Final WQMP: • The Final WQMP shall include the provided City OTH tracking number on the cover page and in Section I when available. • All details shall be updated to be site-specific based on final design of BMP. • Grading plans must be provided so that they can be reviewed for consistency with WQMP site plan and BMP details. • Identify location of structural BMPs on WQMP site plan. 5 A Cross -Lot Drainage Agreement is required to be executed, and shall be Public Works reviewed and approved by the City and recorded by the owner of the Department, properties for cross -lot drainage. Development Services Division 6 The Owner/Developer shall submit a set of improvement plans for Public Public Utilities Utilities Water Engineering review and approval in determining the Department, conditions necessary for providing water service to the project. Water Engineering Division PRIOR TO ISSUANCE OF BUILDING PERMIT 7 A private water system with separate water service for fire protection and Public Utilities domestic water shall be provided and shown on plans submitted to the Department, Water Engineering Division of the Anaheim Public Utilities Department. Water Engineering Division 8 Per California Water Code, Division 1, Chapter 8, Article 5, Section 537- Public Utilities 537.5) as amended by Senate Bill 7, water submetering shall be furnished Department, and installed by the Owner/Developer and a water submeter shall be Water Engineering installed to each individual unit. Provisions for the ongoing maintenance Division 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. - 8 - PC2019-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 All backflow equipment shall be located above ground outside of the Public Utilities street setback area in a manner fully screened from all public streets and Department, alleys. Any backflow assemblies currently installed in a vault will have Water Engineering to be brought up to current standards. Any other large water system Division 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, unless alternate location is approved per Section 18.38.160 of the Zoning Code. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 10 All requests for new water services, backflow equipment, or fire lines, as Public Utilities well as any modifications, relocations, or abandonments of existing Department, water services, backflow equipment, and fire lines, shall be coordinated Water Engineering and permitted through Water Engineering Division of the Anaheim Division Public Utilities Department. 11 All existing water services and fire services shall conform to current Public Utilities Water Services Standards Specifications. Any water service and/or fire Department, line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. Water Engineering The Owner/Developer shall be responsible for the costs to upgrade or to Division abandon any water service or fire line. 12 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) Public Utilities an easement for all large domestic above -ground water meters and fire Department, 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 Engineering water service mains and service laterals all to the satisfaction of the Division 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. 13 The Owner/Developer shall submit to the Public Utilities Department Public Utilities Water Engineering Division an estimate of the maximum fire flow rate Department, and maximum day and peak hour water demands for the project. This Water Engineering information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water Division system improvements required to serve the project shall be done in - 9 - PC2019-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 14 The property owner shall irrevocably offer to dedicate to the City of Public Works Anaheim an easement 60 feet in width from the centerline of La Palma Department, Avenue. Development Services Division 15 Provide a certificate, from a Registered Civil Engineer, certifying that Public Works the finished grading has been completed in accordance with the City Department, approved grading plan. Development Services Division 16 Final landscaping plans in compliance with all Code requirements shall Planning and Building be submitted for review and approval by the Planning Department. The Department, said landscaping plan must in conformance with the City's Landscape Water Efficiency Ordinance (Chapter 10.19) and the Zoning Code. Planning Services Landscaping shall be installed prior to the issuance of a Certificate of Division Occupancy. 17 All signs shall comply with the Anaheim Municipal Code Section 18.44. Planning and Building Department, Planning Services Division 18 The property owner/developer shall coordinate with Electrical Public Utilities Engineering to establish electrical service requirements and submit Department, electric system plans, electrical panel drawings, site plans, elevation Electrical Engineering plans, and related technical drawings and specifications. Division PRIOR TO FINAL BUILDING AND ZONING INSPECTION 19 All remaining fees/deposits required by Public Works department must Public Works be paid in full. Department, Development Services Division 20 All required on-site Water Quality Management Plan, Grading/Drainage, Public Works and public right of way improvements (if any) shall be completed, Department, operational, and are subject to review and approval by the Public Works Development Services Inspector. Division 21 Owner/Developer shall install an approved backflow prevention Public Utilities assembly on the water service connection(s) serving the property, behind Department, property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Water Engineering Division - 10- PC2019-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 22 The Owner shall be responsible for restoring any special surface Public Utilities improvements, other than asphalt paving, within any right-of-way, Department, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative Water Engineering hardscape or landscaping that becomes damaged during any excavation, Division 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. 23 File Emergency Listing Card, Form APD -281, with the Police Police Department Department. In addition, a detailed emergency action plan, for persons both with and without disability, shall be provided to the Police and Fire Departments. This shall include, but not limited to, Emergency Evacuation Plan, Shelter in Place Plan, etc. 24 Post "No Trespassing 602(k) P.C." at the entrances of parking structure Police Department and other appropriate places (i.e. resident gathering points and access points, bicycle parking, etc.). Such signs must be at least F wide and 2' high in overall size, with white background and black 2" lettering. 25 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 owner's/manager's request. 26 Rooftop address numbers shall be provided for the police helicopter. Police Department Numbers shall be a minimum size of 4 feet in height and 2 feet in width. The lines of the numbers are to be a minimum of 6 inches thick. Numbers should be spaced 12 to 18 inches 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. 27 An automatic fire sprinkler system and a fire alarm system shall be Fire Department designed, installed, and maintained as required by the Fire Department. OPERATIONAL CONDITIONS 28 The Permanent Supportive Housing shall be operated in accordance with Planning and Building the Letter of Request submitted as part of this application. Any changes Department, to the business operation, as described in those documents, shall be subject to review and approval by the Planning Director to determine planning Services substantial conformance with the Letter of Request and to ensure Division compatibility with the surrounding uses. - 11 - PC2019-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 The Permanent Supportive Housing must comply with all provisions of Planning and Building the Affordability Covenant, Wrap Around Services Plan, Marketing and Department, Tenant Selection Plan, Exterior Lighting Plan, Facility Management Planning Services Plan, Parking Management Plan, and Communications Plan, as approved Division and on file with the Planning and Building Department and Community and Economic Development Department. The Parking Management Plan Community and shall include a description of lease provisions or other controls to restrict Economic tenant demand for on-site parking to ensure that parking demand of the Development project does not exceed the number of on-site parking spaces. Such Department controls may include, but are not limited to, restricting the parking of tenant vehicles on-site; off-site parking arrangements subject to approval of an off-site parking agreement by the City, and/or alternative modes of transportation to address any parking deficiency. Any changes to these documents shall be subject to review and approval by the City's Planning & Building Department and Community and Economic Development Department. 30 Deliveries, including loading and unloading, shall be performed on site. Public Works Delivery vehicles shall not block any part of the public right-of-way. Department, Traffic Engineering Division 31 Any tree planted on-site shall be replaced in a timely manner in the event Planning and Building that it is removed, damaged, diseased and/or dead. That the property Department, shall be permanently maintained in an orderly fashion by providing Code Enforcement regular landscape maintenance, removal of trash or debris, and removal Division of graffiti within two (2) business days from time of discovery. 32 The solid waste collection for the property must comply with the Solid Planning and Building Waste Management Plan on file with the City. In addition, all trash Department, generated from the facility shall be properly contained in trash bins Code Enforcement located within an approved trash enclosure(s). The number of bins shall Division be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the Public Works property. Department, Sanitation Division 33 All new landscaping shall be installed in conformance with Chapter Planning and Building 18.46 "Landscape and Screening" of the Anaheim Municipal Code. All Department, existing and new landscape planters shall be maintained in perpetuity, Code Enforcement including the removal of trash or debris. All landscaping and irrigation Division shall be immediately replaced in the event that it is removed, damaged, inoperable, diseased and/or dead. -12- PC2019-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDTIONS 34 The following minimum clearances shall be provided around all new and Public Utilities existing public water facilities (e.g. fire hydrants, service laterals, meters, Department, meter boxes, backflow devices, etc.): Water Engineering • 10 feet from structures, footings, walls, stormwater BMPs, Division power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 35 No public water mains or laterals allowed under driveways, parking stalls Public Utilities or parking lots. Department, Water Engineering Division 36 All fire services 2 -inch and smaller shall be metered with a UL listed Public Utilities meter, Hersey Residential Fire Meter with Translator Register, no Department, equals. Water Engineering Division 37 Monument signs and addresses shall be well lighted during hours of Police Department darkness. 38 Adequate lighting of parking lots and parking structure, circulation areas, Police Department aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. The minimum recommended lighting level for covered portions of all parking structures is 1 foot-candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 10:1. 39 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning Department and as conditioned Planning Services herein. Division 40 The applicant is responsible for paying all charges related to the processing Planning and Building of this discretionary case application within 30 days of the issuance of the Department, 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 Planning Services the issuance of required permits or may result in the revocation of the Division approval of this application. - 13 - PC2019-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 41 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, Division 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. -14- PC2019-035