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Resolution-PC 2015-014RESOLUTION NO. PC2015 -014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05474 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2015 -00116 FOR TYPE 20 AND TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSES AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2010- 00005B) (440 SOUTH ANAHEIM BOULEVARD) WHEREAS, on September 21, 2011, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (the "Planning Commission "), by its Resolution No. PC2011 -071, approved Conditional Use Permit No. 2010 -05474 and Variance No. 2011- 04868 to convert the 2 -story historic Packing House building to a commercial retail center, to include retail stores, restaurants with outdoor dining, the sale of beer, wine and distilled spirits for on- premises consumption, a public dance hall, indoor and outdoor entertainment, and off -site parking lots with a reduced landscaped setback (herein referred to collectively as the "Original CUP ") on that certain real property located at 440 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, which is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "). In addition to permitting the use of the historic Packing House as a commercial retail center, the Original CUP permitted a total of twelve California Department of Alcoholic Beverage Control ( "ABC ") licenses at the Property in conjunction with the sale and service of food; six Type 41 (On Sale Beer & Wine — Eating Place) ABC licenses, authorizing the sale of beer and wine for consumption at a restaurant, and six Type 47 (On Sale General — Eating Place) ABC licenses, authorizing the sale of beer, wine and distilled spirits for consumption at a restaurant; and WHEREAS, on December 16, 2013, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2013 -088, approved an amendment to the Original CUP to allow a concierge bar with a Type 48 (On -Sale General — Public Premises) ABC license within the Packing House building and an associated determination of public convenience or necessity to permit the sale of beer, wine and distilled spirits for on- premises consumption without the sale and service of food in conjunction with a the proposed bar to be located within the Property, which is now known as "Hammer" in Space No. 112 (herein referred to as the "2013 Amendment "). The 2013 Amendment represented the substitution of a Type 48 (On -Sale General — Public Premises) ABC license in the place and stead of one of the six Type 47 (On Sale General — Eating Place) ABC licenses that had been approved under the Original CUP; and WHEREAS, the Original CUP and the 2013 Amendment shall be referred to herein collectively as the "CUP ". The conditions of approval which were the subject of the Original CUP, as amended and modified by the 2013 Amendment, shall be referred to herein collectively as the "Previous Conditions of Approval "; and - 1 - PC2015 -014 WHEREAS, the Planning Commission did receive a verified petition to amend the CUP to permit a beer and wine bar with on- and off - premises sales and consumption of beer and wine for that portion of the Property where the business known as "Boxcar" in Space No. 111 is now located and make an associated determination of public convenience or necessity. Included as a part of the petition is the request to permit two additional ABC liquor licenses at the Property, both of which are proposed to be issued for that portion of the Property where the business known as "Boxcar" is now located. The two liquor licenses requested are a Type 20 (Off -Sale Beer & Wine) ABC license, that will allow the sale of beer and wine for consumption off the premises where sold, and a Type 42 (On -Sale Beer and Wine — Public Premises), that will allow the sale of beer and wine for consumption on or off the premises where sold where food service is required. The business known as "Boxcar" is presently being operated in connection with that portion of the Property commonly known as "Cook's Chapel" and operated as a banquet hall with one of the six authorized Type 47 ABC licenses. The applicant has requested that the business known as "Boxcar" be separated from the "Cook's Chapel" banquet hall for the purpose of alcohol sales and service so that the business can serve beer and wine on the premises without food service and, additionally, to sell beer and wine to its customers for off - premises consumption; and WHEREAS, in order to approve the applicant's petition for two additional ABC liquor licenses at the Property, the Planning Commission must determine that the public convenience or necessity will be served by the issuance by ABC of the aforementioned Type 20 (Off -Sale Beer & Wine) and Type 42 (On -Sale Beer and Wine — Public Premises) licenses (herein referred to collectively as "Public Convenience or Necessity No. 2015- 00116 "); and WHEREAS, also included as a part of the verified petition is a request to modify previously- approved plans and conditions of approval for an outdoor dining area with a bar in conjunction with an existing restaurant space for that portion of the Property where the business now known as "Ecco" in Space No. 209B is located; and WHEREAS, the requests to (1) permit a beer and wine bar with on- and off - premises sales and consumption of beer and wine for that portion of the Property where the business known as "Boxcar" is now located, (2) modify previously- approved plans and conditions of approval for an outdoor dining area with a bar in conjunction with an existing restaurant space for that portion of the Property where the business now known as "Ecco" is located, shall be referred to herein collectively as and (3) determine Public Convenience or Necessity No. 2015- 00116 may sometimes be referred to herein collectively as the "Proposed Project "), which, together, consist of an amendment to the CUP and is designated herein collectively as Conditional Use Permit No. 2010- 0547413; and WHEREAS, the Property is approximately 1.0 -acre in size and is developed with a 42,766 square foot, 2 -story historically - significant building. The underlying zone of the Property is the "I" Industrial Zone but is subject to the zoning and development standards for the "C -NC" Neighborhood Center Commercial Zone contained in Chapter 18.08 (Commercial Zones) of the Code by virtue of the fact that the Property is designated within the Neighborhood Commercial District of the South Anaheim Boulevard Corridor Overlay Zone (the "SABC Overlay Zone "). Its designation within the Neighborhood Commercial District of the SABC Overlay Zone means that the Property is subject to the zoning and development standards for the "C -NC" Neighborhood Center Commercial Zone contained in Chapter 18.08 (Commercial Zones) of the Code; provided, however, that the requirements of the SABC Overlay Zone, as set forth in Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone), shall apply to the Property and shall supersede any inconsistent regulations of the "C -NC" Neighborhood Center -2- PC2015 -014 Commercial Zone. The Anaheim General Plan designates this Property for Mixed Use land uses; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA ") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines "), 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 Proposed Project is within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the State 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 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 a Public Convenience or Necessity No. 2015- 00116, does find and determine the following facts: 1. On July 11, 1995, the City Council of the City of Anaheim adopted Resolution No. 95R -134, establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the California Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control ( "ABC "). 2. Section 23958 of the California Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by issuance of a license. For purposes of Section 23958, "undue concentration" means the case in which the premises are located in an area where any of the following conditions exist: (a) The premises are located in a crime reporting district that has a 299% greater number of "reported crimes" (as defined in Section 23958.4) than the average number of reported crimes as determined from all crime reporting districts within the City of Anaheim. (b) As to on -sale retail license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which the premises are located does not exceed the ratio of on -sale retail licenses to population in the county. (c) As to off -sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the premises are located does not exceed the ratio of off -sale retail licenses to population in the county. -3 - PC2015 -014 3. Notwithstanding the existence of the above - referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations, and, when the sale of alcoholic beverages for on or off - premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 5. The Property is located within Census Tract No. 873.00 with a population of 10,413 that allows for 6 off -sale ABC licenses and 11 on -sale licenses. There are presently 5 off -sale licenses and 18 on -sale license in the census tract. The Anaheim Police Department evaluates these requests based on the crime rates within the police reporting district by utilizing a one - quarter mile radius for the subject site. The subject site is in Reporting District 1625 which has a 299 percent above average crime rate and a crime rate of 331 percent above the average within a one - quarter mile radius. 6. A determination of Public Convenience or Necessity can be made based on the finding that the license requested under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of alcoholic beverages is ancillary to the mix of retail stores and restaurants within the Packing House building and would serve as an added convenience to those who choose to shop and dine at this establishment. WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2010- 05474B, does find and determine the following facts: 1. While the off - premises sale of alcoholic beverages is not prohibited at the Property under paragraph .0202 of Subsection .020 of Section 18.24.030 (General Provisions) of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of the Code, the request to permit the on- and off - premises sale of alcoholic beverages is properly one for which a conditional use permit is authorized under the underlying "C -NC" Neighborhood Center Commercial Zone pursuant to Subsection .010 (Primary Uses) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code. 2. The Proposed Project, including the sale of beer and wine for on- and off - premises consumption and a modification of the previously- approved plans and conditions of approval for an outdoor dining area with a bar in conjunction with an existing restaurant space, will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because these uses would complement, and be compatible with, the other food, banquet, and entertainment uses operating within the Packing House. Moreover, the alcohol sales and consumption are intended to be accessory to food - related businesses within the food hall. -4- PC2015 -014 3. The size and shape of the site for the on- and off - premises consumption of beer and wine 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. Moreover, the Proposed Project will not result in an increase in the parking demand for the Packing House facility. 4. The traffic generated by the Packing House building will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical retail businesses that would be permitted as a matter of right within the Neighborhood Commercial District of the SABC Overlay Zone. 5. The granting of Conditional Use Permit No. 2010- 05474B 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 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 by the Planning Commission, for the reasons hereinabove stated, does hereby determine that the public convenience or necessity will be served by the issuance by ABC of the aforementioned Type 20 (Off Sale Beer & Wine) and Type 42 (On Sale Beer & Wine — Public Premises) within the Property at the location described herein above and, accordingly, hereby approves Public Convenience or Necessity No. 2015- 00116 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 the Planning Commission does hereby approve Conditional Use Permit No. 2010- 05474B contingent upon and subject to 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 - 0547413, and Public Convenience or Necessity No. 2015- 00116. -5- PC2015 -014 BE IT FURTHER RESOLVED that the conditions of approval set forth in Exhibit B attached hereto are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that 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 February 9, 2015. 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. IAN, PLANNING MMISSION CITY OF A HE IM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -6- PC2015 -014 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 February 9, 2015, by the following vote of the members thereof. AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of February, 2015. A ,,,, -;�� SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -7- PC2015 -014 EXHIBIT "A" DES% NO. 2010- 00005B APN: 037- 023 -10 BR0P11�� - 8 - PC2015 -014 o w ioo Source: Recorded Tract Maps and/or City GIS. FO Please note the accuracy is +(- two to five feet. EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05474 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00116 (DEV2010- 00005B) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS — RESTAURANTS 1 At all times when the premise is open for business, the premise Police Department shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 2 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. 3 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. 4 There shall be no admission fee, cover charge, nor minimum Police Department purchase required. 5 There shall be no entertainment, amplified music or dancing Police Department permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 6 The hours of operation shall be limited to a 12:00 a.m. closing, Police Department seven days a week. The sale and dispensing of alcohol shall terminate 30 minutes prior to closing. 7 The subject alcoholic beverage license shall not be exchanged for Police Department a 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. 8 The outdoor patio areas must be completely enclosed with at least Police Department 42 -inch high fencing and must include gates with self - closing hardware. -9- PC2015 -014 GENERAL CONDITIONS — PUBLIC DANCEBANQ UET HALL IN SPACE NO. 112 9 There must be served at least one meal of a substantial nature as Police Department described in Section 4.16.050.030 Anaheim Municipal Code. 10 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) 11 The number of persons attending the event shall not exceed the Police Department maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code) 12 There shall be no admission fee, cover charge, nor minimum Police Department purchase required. 13 There shall be no entertainment, amplified music or dancing Police Department permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 14 The hours of operation shall be limited to a 12:00 a.m. closing, Police Department seven days a week. 15 All entertainers and employees shall be clothed in such a way as to Police Department not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. 16 The floor space provided for dancing shall be free of any furniture or Police Department partitions and maintained in a smooth and safe condition. (Section 4.16.050.010 Anaheim Municipal Code) 17 The doors shall remain closed at all times that entertainment is Police Department permitted, except during times of entry or exit, emergencies and deliveries. (Section 4.18.110 Anaheim Municipal Code) 18 No minor under the age of sixteen (16) years shall be allowed to Police Department attend a public dance event, unless accompanied by a parent or guardian. (Section 4.16.060.010 Anaheim Municipal Code) GENERAL CONDITIONS —FOOD COURT 19 Signs shall be posted in a prominent place at all exits of the Police Department premises, stating "No Open Containers of Alcoholic Beverages Beyond This Point." - 10- PC2015 -014 20 The applicant shall be responsible to ensure that no patron leaves Police Department the common dining area with an open container of alcoholic beverage. 21 There shall be no entertainment, amplified music or dancing Police Department permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 22 The hours of operation shall be limited to a 12:00 a.m. closing, Police Department seven days a week. The sale and dispensing of alcohol shall terminate 30 minutes prior to closing. 23 All Type 41 and 47 ABC licenses in conjunction with the Police Department restaurants shall not be exchanged for a 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. GENERAL CONDITIONS — CONCIERGE BAR IN SPACE NO. 215 AND WINE BAR IN SPACE NO. 111 24 The bars shall be operated and maintained substantially in Police Department accordance with plans and specifications as specifically shown on exhibits approved in conjunction with this permit. 25 The bars 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) 26 There shall be no entertainment, amplified music or dancing Police Department permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 27 There shall be no admission fee, cover charge, nor minimum Police Department purchase required. 28 The hours of operation shall be limited to a 12:00 a.m. closing, Police Department seven days a week. The sale and dispensing of alcohol shall terminate 30 minutes prior to closing. 29 All persons serving or otherwise dispensing alcoholic beverages Police Department shall be 21 years old or older. All persons serving alcohol shall not consume any alcoholic beverages. 30 Signs shall be posted at all entrances stating "No one under 21 Police Department allowed beyond this point." - 11 - PC2015 -014 31 Alcoholic beverages shall only be sold and served in distinctive Police Department cups and no other cups may be used for the dispensing of alcoholic beverages. Said containers shall be readily identifiable as containing alcoholic beverages and shall be distinct and different than containers of non - alcoholic beverages. The cups shall significantly differ in appearance from those containers utilized by any other licensees located in the food court. GENERAL CONDITIONS 32 The building shall be equipped with an alarm system (silent or Police Department audible). 33 Address numbers shall be positioned so as to be readily readable Police Department from the street. Numbers should be visible during hours of darkness. 34 Complete a Burglary /Robbery Alarm Permit application, Form Police Department APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http: / /www.anaheim.net /article.aspp ?id =678 35 The rear doors of the premises shall be numbered with the same Police Department address numbers or suite number of the business. Minimum height of 4" recommended. 36 All exterior doors to have adequate security hardware, e.g. deadbolt Police Department locks. 37 Adequate lighting of parking lots, driveway, 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. 38 Security measures shall be provided to the satisfaction of the Police Department Anaheim Police Department 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. 39 All security officers provided shall comply with all State and Local Police Department ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) -12- PC2015 -014 40 Any permitted event or activity shall not create sound levels, which Police Department violate any ordinance of the City of Anaheim as described in Section 4.16.100.010 of the Anaheim Municipal Code. The activities occurring in connection with the operation of this establishment shall not cause noise disturbance to surrounding properties. 41 The location of a trash enclosure shall be provided in a location Public Works acceptable to the Public Works Department, Streets and Sanitation Department Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. 42 No required parking area shall be fenced or otherwise enclosed for Planning Department, outdoor storage. Code Enforcement Division 43 The applicant shall be responsible for maintaining the area adjacent Planning Department, to the premises over which they have control, in an orderly fashion Code Enforcement through the provision of regular maintenance and removal of trash Division or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 44 The operation of this use is contingent upon the continued Planning Department availability of a minimum of 212 parking spaces as recommended in the parking study prepared by Kimley Horn Traffic Engineers dated September, 2011. Any proposed modifications to the approved parking arrangement shall be subject to the review and approval of the Planning and Public Works Departments. 45 A maximum of twelve (12) outdoor events shall be permitted per Planning Department calendar year for any activities that include the sale and consumption of alcoholic beverages. These twelve events shall apply to both CUP2010- 05474B and CUP2010- 05506A permits combined. Outdoor activities that include alcoholic beverage consumption are subject to review and approval by all applicable City departments. All accessory permits shall be obtained as deemed necessary. The outdoor events shall provide adequate security as required by the Police Department. 46 Amplified sound in connection with outdoor events shall not be Police Department permitted after 10:00 p.m. seven days a week, with the exception of outdoor movies shown during the months of May through August, which may be permitted until 11:00 p.m. Any amplified sound shall be audible to the audience only, and shall not cause a disturbance to the adjacent residential neighborhoods. Speakers used for amplified sound shall be directed away from the residential properties to the east. -13 - PC2015 -014 47 A maximum of fourteen (14) alcoholic beverage licenses shall be Planning Department permitted within the Packing House building. These alcoholic beverage licenses shall be for on- premises consumption only in conjunction with a bonafide eating establishment, with the exception of the Type 48 (On -Sale General — Public Premises) ABC license approved for the concierge bar in Space No. 215, and the Type 20 (Off Sale - Beer & Wine) and Type 42 (On -Sale Beer and Wine — Public Premises) licenses in the wine bar in Space No. 111. 48 The applicant is responsible for paying all charges related to the Planning Department processing of this discretionary case application within 30 days of the 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. 49 The property shall be developed substantially in accordance with Planning Department plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. 50 The Applicant shall defend, indemnify, and hold harmless the City Planning Department and its officials, officers, employees and agents (collectively 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. -14- PC2015 -014