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Resolution-PC 2016-016RESOLUTION NO. PC2016-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05829, VARIANCE NO. 2015-05050 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015 -00110) (2585 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123 to permit (i) the construction of a new service station and convenience market; (ii) a variance to allow reduced front setbacks and less parking spaces than required by code; and (iii) an associated determination of "Public Convenience or Necessity" to permit the sale of beer and wine from the convenience market for off -premises consumption at that certain real property located at 2585 West La Palma Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently developed with a service station containing two covered pump islands and a convenience market and is located in the "I" Industrial Zone. The Land Use Element of the Anaheim General Plan designates this Property for "General Commercial" land uses; and WHEREAS, all development within the "I" Industrial Zone is subject to the provisions of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the "Code"), which provides that all such development is subject to the approval of a conditional use permit; and WHEREAS, Conditional Use Permit No. 2015-05829 is proposed in conjunction with Reclassification No. 2015-00287, which is a request to rezone or reclassify the Property from the "I" Industrial Zone to the "C -G" Commercial General Zone and would upon approval thereof apply the zoning and development standards of the "C -G" Commercial General Zone to the Property. The development comprising Reclassification No. 2015 -00287, Conditional Use Permit No. 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, notice of a public hearing to be held on January 25, 2016 before the Planning Commission was 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 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123 and to investigate and make findings and recommendations in connection therewith. The public hearing was continued by the Planning Commission to February 8, 2016 at 5:00 p.m. at the Civic Center in the City of Anaheim, at which time the Planning Commission did hold a public hearing to hear and consider evidence for and against proposed Conditional Use Permit 2015-05829, Variance No. 2015-05050, and Public - 1 - PC2016-016 Convenience or Necessity No. 2016-00123 to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), that the Proposed Project is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines") and, pursuant to Section 15332 of the CEQA Guidelines, is categorically exempt from the provisions of CEQA; and WHEREAS, this 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 Conditional Use Permit 2015-05829, does find and determine the following: 1) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code in that the Zoning Code allows a service station and convenience market to be constructed with off-site beer and wine sales in the General Commercial (C -G) Zone subject to a conditional use permit pursuant to Section 18.08.030.; 2) That 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 new 76 gas station and 7 -Eleven convenience market will replace an existing 76 gas station and convenience market and the new buildings or structures of the Proposed Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of the Zoning Code.; 3) That 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 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 the particular area in that the Proposed Project, in that the design proposed is adequate to ensure maneuverability that is compatible with the adjacent service station and commercial uses and therefore it is not anticipated to adversely affect development of the area. 4) That 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 because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding street.; and 5) That 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 in that the impact upon the surrounding area has been mitigated to the maximum extent practicable in that site development standards proposed for the Proposed Project are consistent with the development standards of the "C -G" General Commercial and the General Commercial General Plan designation. - 2 - PC2016-016 WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for Variance No. 2015-05050 for less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (15 spaces required; 9 spaces proposed) 1. The variance for the Property, under the conditions imposed, will provide sufficient parking on-site in that many of the convenience store patrons fill their vehicles with gas while parked at the fuel pump and enter the store while the vehicle is fueling. Therefore the number of spaces provided onsite would equate to 21 parking spaces with the inclusion of the fueling pump spaces. This provides more than the number of spaces necessary to accommodate all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable conditions of operation of such uses; 2. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of all combined uses on the site; 3. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the on-site parking with the fueling pump spaces considered, will adequately accommodate peak parking demands of all uses on the site; 4. The variance for the Property, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the Property because the Property provides adequate ingress and egress points, which are designed to allow for adequate on-site circulation; and 5. The variance for the Property, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property because the Property has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property. WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for Variance No. 2015-05050 for reduced landscape setbacks should be approved for the following reasons: SECTION NO. 18.08.060.010.0101 Minimum landscaped setback. (15 feet required; 10 feet proposed) - 3 - PC2016-016 I . That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the Proposed Project. The subject property has a width and depth of 150 feet, and a lot area of 0.51 acres, while all other lots in the immediate vicinity have much larger lot widths and sizes, including the service station across Magnolia Avenue to the west which has a lot depth of 230 feet and a lot area of 0.92 acres. In addition, the service station and convenience store are designed in a manner that is sensitive to the adjacent properties by providing a reasonable front landscape setback with significantly more landscaping than what exists on the site currently. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity because this lot size is smaller than other surrounding C -G zoned properties in the vicinity. This makes it difficult to meet all of the development standards while providing adequate setbacks for the proposed service station. WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a determination of Public Convenience or Necessity No. 2016-00123, 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: (a) The premises are located within crime reporting district 1418 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. - 4 - PC2016-016 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 868.01 with a population of 3,267 that allows for one (1) off -sale license and six (6) presently exist within the census tract. The Property is located in Police Reporting District No. 1418, 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 '/ mile of this Property is 102% 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 the applicant has been conditioned to follow 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. 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 beer and wine 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, 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. - 5 - PC2016-016 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123 contingent upon and subject to the adoption by the City Council of an ordinance reclassifying the Property within the "C -G" General Commercial Zone in accordance with Reclassification No. 2015-00287, and (3) 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. 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 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 8, 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. *CHf,P4LA4NNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-016 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 8, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: DALATI 2016. IN WITNESS WHEREOF, I have hereunto set my hand this 81h day of February, - ZAEO--�� SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 7 - PC2016-016 EXHIBIT "A" DEV NO. 2015-00110 APN: 071-521-12 W Q Q J 0 Z CQ G Z W LA PALMA AVE C 50 100 Source: Recorded Tract Maps and/or City GIS. Ulf Feet Please note the accuracy is +/- two to five feet. - 8 - PC2016-016 —1/�I�—PAt-M A 150' � O 145' - 8 - PC2016-016 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05829, VARIANCE NO. 2015-05050, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 (DEV2015 -00110) NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1 Building plans shall show conformance with the current version of Public Works, Engineering Standard Details 402, 436, 470, and 471 pertaining to Development Services parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 2 Building Plans shall show conformance with the current version of Public Works, Caltrans Standard Plan A90A as it relates to accessible parking stall Development Services design, striping, and required signage. Subject property shall thereupon be developed and maintained in conformance with said plans. PRIOR TO THE ISSUANCE OFA BUILDING PERMIT 3 The project final WQMP shall be submitted for review and approval Public Works, and approved by the development services department of public Development Services works. 4 That prior to the issuance of the first building permit, street Public Works, improvement plans shall be submitted for all traffic related Development Services improvements adjacent to the project site to the Public Works Department, Development Services Division for review and approval. These plans will show both sides of all streets and alleys adjacent to the property, including all driveways and utility installations, signing and striping. All improvements shall be installed and completed prior to the first final building and zoning inspection. 5 That prior to issuance of building permits, a bond shall be posted for Public Works, all traffic related street improvements, including, but not limited to, Development Services directional signage, striping, and median islands as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. 6 The developer shall post bonds for improvements in the public -right- Public Works, of way as approved by the City of Anaheim. Development Services - 9 - PC2016-016 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 7 Prior to issuance of the grading permit and right-of-way construction Public Works, permit for the storm drain, whichever occurs first, a Save Harmless Development Services agreement in -lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. OPERATIONAL CONDITIONS 8 No display of alcoholic beverages shall be located outside of a Police Department building or within five (5) feet of any public entrance to the building. 9 There shall be no exterior advertising or sign of any kind or type, including advertising directed Police Department to the exterior from Police Department 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. 10 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 11 Sale of alcoholic beverages shall be made to customers only when the Police Department customer is in the building. 12 The possession of alcoholic beverages in open containers and the Police Department consumption of alcoholic beverages are prohibited on or around these premises. 13 Any Graffiti painted or marked upon the premises or on any adjacent Police Department area under the control of the Police Department licensee shall be removed or painted over within 24 hours of being applied. 14 Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of persons around the premises. 15 There shall be no amusement machines, video game devices, or pool Police Department tables maintained upon the premises at any time. - 10 - PC2016-016 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 The Petitioner(s) shall post and maintain a professional quality sign Police Department facing the premises Police Department 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. 17 Loitering is prohibited on or around these premises or this area under Police Department the control of the licensee(s). 18 The petitioner(s) shall be responsible for maintaining free of litter the Police Department area adjacent to the premises over which they have control, as depicted. 19 Managers I Owners need to call the Department of Alcoholic Police Department Beverage Control and obtain LEAD Police Department (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. 20 The parking lot of the premises shall be equipped with lighting of Police Department sufficient power to illuminate and Police Department make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 21 Security measures shall be provided to the satisfaction of the Police Department Anaheim Police Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 22 Owner shall install an approved backflow prevention assembly on the Public Utilities, water service connection(s) serving the property, behind property line Water Engineering and building setback in accordance with Public Utilities Department Water Engineering Division requirements. 23 All fire services 2 -inch and smaller shall be metered with a UL listed Public Utilities, meter, Hershey Residential Fire Meter with Translator Register, no Water Engineering equals. 24 That the developer/owner shall submit a set of improvement plans for Public Utilities, Public Utilities Water Engineering review and approval in Water Engineering determining the conditions necessary for providing water service to the project. - 11 - PC2016-016 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 25 That a private water system with separate water service for fire Public Utilities, protection and domestic water shall be provided and shown on plans Water Engineering submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 26 That all backflow equipment shall be located above ground outside of Public Utilities, the street setback area in a manner fully screened from all public Water Engineering streets and alleys. Any back flow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 27 That all requests for new water services, backflow equipment, or fire Public Utilities, lines, as well as any modifications, relocations, or abandonments of Water Engineering existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 28 That all existing water services and fire services shall conform to Public Utilities, current Water Services Standards Specifications. Any water service Water Engineering and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 29 That water improvement plans shall be submitted to the Water Public Utilities, Engineering Division for approval and a performance bond in the Water Engineering amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. 30 That individual water service and/or fire line connections will be Public Utilities, required for each parcel or residential, commercial, industrial unit per Water Engineering Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 31 The existing backflow prevention devices serving the property are Public Utilities, substandard and must be replaced per Public Utilities Department Water Engineering Water Engineering Division requirements. PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING 32 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system Electrical Engineering plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. - 12 - PC2016-016 - 13 - PC2016-016 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 33 Prior to connection of electrical service, the legal owner shall provide Public Utilities, to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Electrical Engineering 34 Prior to connection of electrical service, the legal owner shall submit Public Utilities, payment to the City of Anaheim for service connection fees. Electrical Engineering PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 35 The developer shall submit street improvement plans to the Public Public Works, Works department to construct all work in the right of way in Development Services conformance to Public Works standards. The improvements shall be constructed prior to final building and zoning inspection. 36 That prior to final building and zoning inspection, fire lanes or no Public Works, parking zones shall be posted with "No Parking Any Time." Said Development Services information shall be specifically shown on plans submitted for building permits. 37 All required WQMP improvements shall be operational and verified Public Works, by the Construction Services Division Inspector and the Development Services Development Services Division. 38 All required Public Improvements shall be completed and operational Public Works, and submitted for approval to the Construction Services Division Development Services Inspector. GENERAL 39 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. - 13 - PC2016-016 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 40 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the Planning Department issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 41 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant Planning Department and which plans are on file with the Planning Department. -14- PC2016-016