Resolution-PC 2016-004RESOLUTION NO. PC2016-004
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2015-05826 AND DETERMINING PUBLIC CONVENIENCE
OR NECESSITY NO. 2015-00122 FOR ALCOHOLIC BEVERAGE
CONTROL LICENSES AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2015-00105)
(5717 AND 5725 EAST SANTA ANA CANYON ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a Conditional Use Permit No. 2015-
05826 to permit an off -sale Alcoholic Beverage Control ("ABC") general alcohol license, an on -
sale public premises beer and wine license, an on -sale instructional tasting license, and roof -
mounted equipment within the Scenic Corridor (SC) Overlay zone; and Public Convenience or
Necessity No. 2015-00122 to permit three on and off -sale ABC licenses in a new specialty
beverage retail store (herein referred to as the "Proposed Project"); and
WHEREAS, upon completion of construction, the new commercial building will have
two addresses --5717 East Santa Ana Canyon Road and 5725 East Santa Ana Canyon Road. The
subject property is generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference and is referred to herein as the "Property"; and
WHEREAS, the Property is part of a 15 -acre (approximate) commercial retail
shopping center, which is located within the "C -NC" Neighborhood Center land use designation
of the Anaheim General Plan. The Property is located in the "C -G" General Commercial Zone
and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial
Zones) of the Anaheim Municipal Code (the "Code"); provided, however, that the requirements
of the Scenic Corridor (SC) Overlay Zone, as set forth in Chapter 18.18 (Scenic Corridor (SC)
Overlay Zone) shall apply to the Property and supersede any inconsistent regulations of the "C-
G" General Commercial Zone; and
WHEREAS, because the Proposed Project will have roof -mounted equipment, as
defined in paragraph .0202 of Subsection .020 (Building and Structural Height Limitations) of
Section 18.18.090 (Commercial Zones — Standards) of Chapter 18.18 (Scenic Corridor (SC)
Overlay Zone), the Planning Commission must find and determine that such roof -mounted
equipment will be effectively screened in accordance with the provisions of paragraph .0202 of
Subsection .020 (Building and Structural Height Limitations) and that the Proposed Project will
also satisfy the findings required for the issuance of a conditional use permit under Section
18.66.060 (Findings) of Chapter 18.66 (Conditional Use Permits); and
WHEREAS, the Planning Commission did receive a verified petition to approve
Conditional Use Permit No. 2015-05826 to permit (1) the sale of alcoholic beverages of all types
to consumers for consumption both on and off that portion of the Property described in the next
succeeding paragraph in accordance with licenses to be issued by the State of California
Department of ABC, and (2) the roof -mounted equipment for the Proposed Project in accordance
with the site development standards of the "C -G" General Commercial Zone and, more
PC2016-004
specifically, the standards set forth in paragraph .0202 of Subsection .020 (Building and
Structural Height Limitations) of Section 18.18.090 (Commercial Zones — Standards) of Chapter
18.18 (Scenic Corridor (SC) Overlay Zone) of the Code; and
WHEREAS, in conjunction with the petition to approve Conditional Use Permit No.
2015-05826, the Planning Commission also received a verified petition from Beverages & More,
Inc., a Delaware corporation, doing business as "BevMo! ", on that portion of the Property to be
known as 5717 East Santa Ana Canyon Road and consisting of 9,040 square feet (approximate)
for a determination of public convenience or necessity, designated as Public Convenience or
Necessity No. 2015-00122, to permit (1) the sale of beer, wine and distilled spirits for
consumption off the premises with a Type 21 (Off Sale General) Department of ABC license, (2)
the sale of beer and wine for consumption on or off the premises with a Type 42 (On Sale Beer
& Wine - Eating Place) ABC license, and (3) on -sale instructional tasting with a Type 86
(Instructional Tasting License) ABC license; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 11, 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 Code, to hear and consider evidence for and against proposed Conditional
Use Permit 2015-05826 and Public Convenience or Necessity No. 2015-00122, and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the Planning
Commission finds and determines that the Proposed Project is within that class of projects (i.e.,
Class 2, Replacement or Reconstruction) which consists of replacement or reconstruction of
existing structures and facilities where the new structure will be located on the same site as the
structure replaced and will have substantially the same purpose and capacity as the structure
replaced, and that, therefore, pursuant to Section 15302 of Title 14 of the California Code of
Regulations, 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 with respect to that portion of the request for approval of Conditional Use Permit
No. 2015- 05826 that is related to the Proposed Project, does find and determine the following:
1. The request for a conditional use permit to permit the Proposed Project is an
allowable use authorized by the "C -G" General Commercial Zone, subject to a conditional
use permit and the zoning and development standards of the Scenic Corridor (SC) Overlay
Zone pursuant to paragraph .0202 of Subsection .020 (Building and Structural Height
Limitations) of Section 18.18.090 (Commercial Zones — Standards) of the Code; and
2. The Proposed Project complies with all of the provisions of paragraph .0202 of
Subsection .020 (Building and Structural Height Limitations) of Section 18.18.090
(Commercial Zones — Standards) of Chapter 18.18 (Scenic Corridor (SC) Overlay Zone); that
is, (i) the screening of the roof -mounted equipment will be provided by acceptable,
permanent building materials, the same as or similar to those that will be used in the
construction of the underlying building; (ii) the screening will not exceed the height limit as
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established by Section 18.18.090 (Commercial Zones — Standards) and will not consist of
wood latticework; (iii) the equipment will not be visible from any public street, public or
private property at finished grade level, or any floor level of a residential structure; (iv) all
such equipment will be painted to match the roof on which it is located, as well as being
painted to match any materials used for equipment screening; (v) the method and/or
screening material used will not be readily recognizable as a screening device, but will be
integrated into the design of the building as a part thereof, and (vi) under the conditions
imposed upon Conditional Use Permit No. 2015- 05826, all equipment screening and paint
will be retained and maintained in good condition; and
3. The Proposed Project will not adversely affect the adjoining land uses, or the growth
and development of the area in which it is proposed to be located. The General Plan and
Zoning Code allow a variety of commercial land uses including stand-alone retail uses to
serve the local residents; and
4. The size and shape of the site proposed for the Proposed Project 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. With the conditions imposed, the proposed building and use will
meet the site development standards for the "C -G" General Commercial Zone and Scenic
Corridor (SC) Overlay Zone and will be constructed with less square footage than the
previous building; and
5. The traffic generated by the Proposed Project will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area in that
improvements to be made to the existing substandard drive aisle to provide improved traffic
flow within the retail commercial center and the overall number of parking spaces for the
center will remain consistent since parking surrounding the building footprint will be
arranged to accommodate the same number of spaces that were lost, thereby providing the
same number of overall parking for the center. Therefore, there are no anticipated burdens
on streets and highways; and
6. 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 since the proposed
building, which is smaller than the existing building, is anticipated to improve the center.
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 that portion of the request for Conditional Use Permit 2015-05826
that relates to (1) the sale of beer, wine and distilled spirits for consumption off the premises with
a Type 21 (Off Sale General) Department of ABC license, (2) the sale of beer and wine for
consumption on or off the premises with a Type 42 (On Sale Beer & Wine - Eating Place) ABC
license, and (3) on -sale instructional tasting with a Type 86 (Instructional Tasting License) ABC
license, does find and determine the following facts:
1. That the request to establish "Alcoholic Beverage Sales - On -Sale" and
"Alcoholic Beverage Sales - Off -Sale" on that portion of the Property known as 5717 East
Santa Ana Canyon Road is properly one for which a conditional use permit is authorized
under Subsection .010 of Section 18.08.030 (Uses) of Title 18 (Zoning) of the Code; and
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2. The proposed use will not adversely affect the adjoining land uses, or the growth
and development of the area in which it is proposed to be located in that the General Plan and
zoning allow a variety of commercial land uses including stand-alone retail uses and the
proposed use will provide specialty alcoholic beverages and accessories in an off-site
capacity to serve the local residents; and
3. The size and shape of the site proposed for the use 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 in that the proposed building and use is adequate to allow full development
of the proposed building in that it meets site development standards for the "C -G" General
Commercial Zone and will be constructed with less square footage than the previous
building; and
4. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area in that
improvement will be made to the existing substandard drive aisle to provide improved traffic
flow within the center and the overall number of parking spaces for the center will remain
consistent since parking surrounding the building footprint will be arranged to accommodate
the same number of spaces that were lost, thereby providing the same number of overall
parking for the center; therefore, there are no anticipated burdens on streets and highways;
and
5. The granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim since
the proposed building, which is smaller than the existing building, is anticipated to improve
the center.
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request for Determination of Public Convenience or Necessity
No. 2015-00122, does find and determine the following facts:
1. On July 11, 1995, the City Council 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 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 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 the 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:
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(a) The premises are located within crime reporting district 1340 which is below in
"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
exceeds 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
exceeds the ratio of off -sale retail licenses to population in the county.
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 determinations of "public convenience or necessity"; and,
when the sale of alcoholic beverages for 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 219.05 with a population of 5,485
that allows for six (6) on -sale ABC licenses. There are presently eight (8) on -sale licenses in
the tract. In addition, three (3) off -sale licenses are allowed and three (3) presently exist
within the census tract. The Property is located in Police Reporting District No. 1340, which
has a crime rate that is below the City-wide average. The Police Department evaluates these
requests based on the crime rate within a one-quarter mile radius of the premises for the
subject site. The crime rate within y mile of this Property is 28% above the City-wide
average based upon calls for service. Since the census tract is over concentrated, a
determination of "public convenience or necessity" is required to be made for this request.
6. A determination of "public convenience or necessity" can be made based on the
finding that the requested license, under the conditions imposed, will not be detrimental to
the health and safety of the citizens of the City of Anaheim because Beverages & More, Inc.
follows a comprehensive Sale of Alcoholic Beverages Policy and ID Training Resource
Guide and conduct alcohol sales training programs for employees. In addition, the store has
implemented several measures to deter crime and further ensure that alcohol will not create a
nuisance for the surrounding area. These measures include a well -lit parking lot, state of the
art cash registers that automatically require proper identification when alcoholic beverages
are purchased, and strategically placed security cameras. Therefore, the sale of alcoholic
beverages, with recommended conditions of approval relating to security measures would
serve a public convenience and will be compatible with the surrounding area.
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7. The use is not anticipated to adversely affect adjoining land uses or the growth
and development of the area in that it will provide specialty alcoholic beverages and
accessories in an off-site capacity to serve the local residents and would serve as an added
convenience to residents and visitors to the area who choose to shop at this establishment.
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 does hereby
approve Conditional Use Permit No. 2015-05826 contingent upon and subject to the conditions
of approval set forth in Exhibit B attached hereto and incorporated herein by this reference,
which are hereby found to be a necessary prerequisite to the proposed use of the Property in
order to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that the Planning Commission finds and determines
that the public convenience or necessity will be served by the establishment of "Alcoholic
Beverage Sales - On -Sale" and "Alcoholic Beverage Sales - Off -Sale" on that portion of the
Property known as 5717 East Santa Ana Canyon Road and, accordingly, hereby approves Public
Convenience or Necessity No. 2015-00122, subject to the conditions of approval described in
Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to
be a necessary prerequisite to the proposed use of the Property in order to preserve the health,
safety and general welfare of the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that 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 (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 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.
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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.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 11, 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.
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CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
("K' L le! 7e �_
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 January 11, 2016, by the following vote of the
members thereof.
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 11`h day of January, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00105
APN: 358-191-12
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EXHIBIT "B"
CONDITIONAL USE PERMIT 2015-05826 AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00122
(DEV2015-00105)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
No display of alcoholic beverages shall be located outside of the
Police Department
building or within five (5) feet of any public entrance to said
building.
2
Type 42 license shall be limited to the tasting area only.
Police Department
3
Business operator shall police the area under their control in an
effort to prevent the loitering of persons around the premises.
Police Department
4
There shall be no amusement machines, video game devices, or
Police Department
pool tables maintained at, in or upon the premises at any time,
unless all required permits are first obtained from the City.
5
The Petitioner(s) shall post and maintain a professional quality sign
Police Department
facing the premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block
lettering. The sign shall be in English and Spanish.
6
Loitering is prohibited on or around these premises or this area
Police Department
under the control of the licensee(s).
7
The parking lot of the premises shall be equipped with lighting of
Planning and Building
sufficient power to illuminate and make easily discernible the
Department,
appearance and conduct of all persons on or about the parking lot.
Code Enforcement
Additionally, the position of such lighting shall not disturb the
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normal privacy and use of any neighboring residences.
8
Store Managers and cash register employees shall obtain training
Police Department
from the Department of Alcoholic Beverage Control. The contact
number is 714-558-4101.
9
Any graffiti painted or marked upon the premises or on any
Police Department
adjacent area under the control of the property owner shall be
removed or painted over within 24 hours of being applied.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10
The property shall be permanently maintained in an orderly fashion
Planning and Building
through the provision of regular landscaping maintenance and
Department,
removal of trash or debris.
Code Enforcement
Division
11
All activities related to the use shall occur indoors, except as may
Planning and Building
be permitted by an authorized Special Event Permit.
Department,
Code Enforcement
Division
12
All roof -mounted equipment shall be screened from view and
Planning and Building
painted to match the roof on which it is located, as well as painted
Department
to match any materials used for equipment screening and shall be
retained and maintained in good condition.
PRIOR TO THE ISSUANCE OF GRADING PERMITS
13
The final water quality management plan shall address the
Public Works
following items:
Department,
• The WQMP shall include additional information infiltration
Development Services
trench configuration, pre-treatment of flows.
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• The criteria identified in the DAMP in order to allow
infiltration to occur on a site must be evaluated and deemed
adequate for the determination to be made to infiltrate onsite.
• The applicant shall obtain approval for infiltration from the
City and from the Orange County Water District. The City will
coordinate the review of this proposed infiltration system to obtain
comments.
• The WQMP and grading plans shall show that flows are
conveyed to the infiltration areas.
• The WQMP shall show the required pretreatment for any
focused infiltration. The pretreatment system may be landscape
swales, filter strips or bio -retention areas (rain gardens), prior to
reaching the infiltration system.
14
A Save Harmless agreement in -lieu of an Encroachment Agreement
Public Works
is required to be executed by the applicant, approved by the
Department,
Development Services and recorded by the applicant on the
Development Services
property for any storm drains connecting to a City storm drain.
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
15
Plans shall be submitted to the Public Utilities Department showing
Public Utilities,
the new location of switchgear and new service route. Contact
Department,
APU Customer service at 714-765-5006 to remove service and de-
Electrical Engineering
energize cables. Construction may encroach on the existing
Division
easement once existing service is de -energized. A portion of the
existing easement will be vacated and new easement granted as a
condition of energizing the new service.
PRIOR TO ISSUANCE OF BUILDING PERMITS
16
The applicant shall file applications for the abandonment of the
Public Utilities,
existing Public Utilities easement and for de -energizing of the
Department,
existing service and cables.
Electrical Engineering
Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
17
All required WQMP items shall be installed, operational and are
Public Works
subject to review and approval by Construction Services Inspection.
Department,
Development Services
Division
18
Thea applicant shall dedicate in a signed
pp gned deed a new Public Utilities
Public Utilities,
Easement for the new electrical facilities and appurtenances
Department,
including but not limited to the switchgear and new service route.
Electrical Engineering
The new service shall be installed to the satisfaction of the PU
Division
Electrical Inspector and energized upon City's acceptance of the
easement dedication and abandonment of the existing easement and
facilities.
GENERAL CONDITIONS
19
Conditions of approval related to each of the timing milestones
Planning and Building
above shall be prominently displayed on plans submitted for
Department,
permits. For example, conditions of approval that are required to
Planning Services
be complied with prior to the issuance of building permits shall
be provided on plans submitted for building plan check. This
Division
requirement applies to building permits, grading permits, street
improvement plans, water and electrical plans, landscape
irrigation plans, and fire and life safety plans, etc.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
20
The Applicant shall defend, indemnify, and hold harmless the
Planning and Building
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from
Planning Services
any and all claims, actions or proceedings brought against
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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.
21
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
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charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
22
The property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to and reviewed by the City of
Department,
Anaheim and which plans are on file with the Planning
Planning Services
Department and as conditioned herein.
Division
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