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Resolution-PC 2016-056RESOLUTION NO. PC2016-056 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05486, AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC 2015-097 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2009-00083F) (2232 SOUTH HARBOR BOULEVARD) WHEREAS, on July 19, 2010, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (hereinafter referred to as ("Planning Commission"), by its Resolution No. PC2010-057, did approve Conditional Use Permit 2010-05486 (the "Original CUP") to permit the conversion of two adjoined vacant commercial buildings located on a legal, non -conforming 4.8 -acre site into the "Battle of the Dance" dinner theater, which included enhanced landscaping and wall murals, located at 2232 South Harbor Boulevard, City of Anaheim, County of Orange, State of California (the "Property"), as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, on May 7, 2012, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2012-033, approved an amendment to the Original CUP (designated as "Conditional Use Permit No. 2010-05486B") to permit additional entertainment and community assembly uses (including private parties, meetings and banquets, religious services, and sporting and convention events) in conjunction with a previously -approved dinner theater, with or without the sale of alcoholic beverages for on -premises consumption, but denied the request to allow public dances (dance venue), launch parties and music concerts (herein referred to as the "2012 Amendment"); and WHEREAS, on April 7, 2014, and subject to certain conditions of approval, the Planning Commission, by motion, approved a minor amendment to the Original CUP (designated as "Conditional Use Permit No. 2010-05486C") to revise the floor plan for a previously -approved dinner theater, restaurant, and banquet facility to accommodate a full-service restaurant and dinner theater (herein referred to as the "2014 Amendment"); and WHEREAS, on May 18, 2015, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2015-037, approved an amendment to the Original CUP (designated as "Conditional Use Permit No. 2010-05486D"), in part, to change the use from a dinner theater to a live performance theater, to extend the operating hours an additional one half hour for the banquet facility and restaurant, and to modify previously -approved floor plans, while denying that portion of the request to extend the hours of operation for the restaurant and the banquet facilities (herein referred to as the "May 2015 Amendment"); and WHEREAS, on December 14, 2015, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2015-097, approved an amendment to the Original CUP (designated as "Conditional Use Permit No. 2010-05486E"), in part, to allow concerts in the theater, to allow the restaurant to operate concurrently with events in the theater, and to amend a condition pertaining to lighting, while denying that portion of the request pertaining to extended hours of operation (herein referred to as the "December 2015 Amendment"); and - 1 - PC2016-056 WHEREAS, the Original CUP, the 2012 Amendment, the 2014 Amendment, the May 2015 Amendment and the December 2015 Amendment shall be referred to collectively herein as the "CUP". The conditions of approval which were the subject of the Original CUP, as amended and modified by the 2012 Amendment, the 2014 Amendment, the May 2015 Amendment, and the December 2015 Amendment shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, this Property is currently developed with a 43,500 square foot building, located within the boundaries of the Anaheim Resort Specific Plan and within the Commercial Recreation (C-R) District (Development Area 1) of the Anaheim Resort Specific Plan Zone. The Property is designated for Commercial Recreation land uses in the Anaheim General Plan; and WHEREAS, one of the conditions of approval which was the subject of the December 2015 Amendment (specifically, Condition No. 1) requires the CUP to be reviewed by the Planning Commission at a noticed public hearing six months from December 15, 2015 to ensure on-going compliance with the conditions of approval and to ensure that the venue is being operated without detriment to the surrounding neighborhood; and WHEREAS, in connection with the 6 -month review required under the December 2015 Amendment, the Planning Commission did receive a verified petition to further amend the CUP (designated as "Conditional Use Permit No. 2010-05486F") to (1) allow public parking when the venue is not in use, (2) to modify Conditions Nos. 2, 7, 21, 31 and 45, and (3) to delete Conditions Nos. 1 and 5, as more particularly described in the staff report presented at this hearing (herein referred to as the "Proposed Project"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 27, 2016 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against the six-month compliance review and said proposed Conditional Use Permit No. 2010-05486F, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2016-056 WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for an amendment to the CUP, does find and determine the following facts: 1. An Entertainment Venue, Community and Religious Assembly, and Automotive - Public Parking are allowable primary uses and structures, subject to a conditional use permit, at the Property under Section 18.116.070 (Uses — Commercial Recreation (C-R) District (Development Area 1) of the Code. 2. With the exception of the requests to amend the CUP to permit later hours of operation for banquets, more time to clear the property of guests, the removal of the condition pertaining to tables and table covers for sound absorption, and earlier operating hours on Sundays for religious events, the request to change the operations of the existing live performance theater, as more particularly described in the staff report presented at this hearing and under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area, with the implementation of the conditions of approval. 3. Except for those uses proposed by the applicant that are described in the staff report presented at this hearing are not recommended for approval by staff, the size and shape of the site is adequate to allow the full operation of the balance of the uses proposed under Conditional Use Permit No. 2010-05486F in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because no expansion to the building is proposed and all activities would be inside the building, with the exception of the proposed public parking, which would be monitored by security staff. 4. The traffic generated at the site would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with traffic impacts associated with the originally -permitted dinner theater. 5. The granting, in part, of the amendment to the CUP, as more particularly described in the staff report presented at this hearing, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission does further find and determine, with respect to the request for later hours for the banquets, more time to clear the property of guests, removal of the condition pertaining to tables and table covers for sound absorption, and earlier operating hours on Sundays for religious events, that all of the conditions and criteria for fully approving the requested amendment to this conditional use permit are not present for the following reasons: 1. Noise associated with the end of an event, including car alarms, music being played from cars, and patrons talking and loitering in parking areas are inevitable; therefore, the facility should close at an acceptable hour so as not to affect the peaceful enjoyment of the surrounding homes. - 3 - PC2016-056 2. The Property is adjacent to residential uses to the south and east, which are immediately adjacent to the parking areas for the facility. Closing hours beyond those approved would impact the quiet enjoyment of the neighbors' properties. Opening hours on Sunday that are earlier than those approved would also impact the quiet enjoyment of the neighbors' properties. 3. The sound tests conducted by staff after the soundproofing was installed, occurred when the tables and table covers were in place within the theater. The tables and table covers contribute to sound absorption within the theater and are necessary to reduce noise heard outside of the building. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2010-05486F to (1) delete the condition of approval requiring a six-month review; (2) allowing public parking when the venue is not in use; (3) operation until 2 a.m. on New Year's Eve; (4) concurrent use of the theater and main dining room for banquets; (5) modifying a condition pertaining to patrons parking on-site; and (6) modifying a condition to clarify that a public hearing is required to revoke the permit; provided, however, that the Planning Commission does hereby deny that portion of the request for (1) later hours for the banquets; (2) more time to clear the property of guests; (3) removal of the condition pertaining to tables and table covers for sound absorption; and (4) earlier operating hours on Sundays for religious events, all as more particularly described in the staff report presented at this hearing. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2010-05486F contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (the "Revised Conditions of Approval"). BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit No. 2010-05486F. - 4 - PC2016-056 BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to the uses permitted under the CUP, as amended by Conditional Use Permit No. 2010-05486F, are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with those conditions of approval that relate to the uses permitted under Conditional Use Permit No. 2010-05486F may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 27, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: oG• CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-056 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 27, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: LIEBERMAN ABSENT: COMMISSIONERS: CALDWELL IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of June, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-056 EXHIBIT "A" DEV NO. 2009-00083F APN: 233-051-08 N D O d c W WILKEN WAY �T c Cl m� Di 1 z 557' 1 i i j 00 Cl)LL 1 i I 1 j 556' 1 1 > J Cf - 1 m 1 0 CO 1 � d 5 CUTTY WAY 1 = • N 1 O 1 � 1 S -M NRA --CT 1 1 1 Source: Recorded Tract Maps and!or City GIS. Please note the accuracy is +/- two to five feet. - 7 - PC2016-056 EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05486 (CUP2010-05486F) (DEV2009-00083F) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Hours of operation shall be limited to the following: Planning and Building Department Banquets and Restaurant: Police Department • Sunday— Thursday: 9:00 a.m. to 10:00 p.m. • Friday/Saturday: 9:00 a.m. to midnight Theater: • Sunday— Thursday: 9:00 a.m. to 10:00 p.m. • Friday/Saturday: 9:00 a.m. to 11:30 p.m. New Year's Eve: • 9:00 a.m. to 2:00 a.m. (the following day) Guests must be cleared from the property within 30 minutes of the time limits stated above. Security personnel shall be responsible for maintaining orderly conduct and prompt exiting from the property. The disassembly and/or loading of equipment following events shall cease no later than one hour beyond the time limits stated above. 2 Deejays, bands or any other form or live entertainment shall be Police Department limited to the following: • Sunday— Thursday: 9:00 a.m. to 10:00 p.m. • Friday/Saturday: 9:00 a.m. to midnight 3 The maximum sound level within the venue shall be maintained at Planning and Building 85 decibels or less. Department 4 The tables and table covers shall be maintained in the theater during Planning and Building events to serve as sound absorption. Department 5 Ticketed concert or musical events or any concert or musical event Planning and Building open to the general public shall not be held in any restaurant/banquet Department area. 6 Concurrent events are permitted in the theater and main dining room Planning and Building subject to the following: Department • Guests entering and exiting the theater area shall be physically separated from guests attending an event in the main dining room. - 8 - PC2016-056 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • If City staff determines that holding events in both the theater and main dining room results in a parking deficiency, staff will immediately contact the operator and concurrent events will no longer be permitted until and unless the operator makes alternate parking arrangements, such as executing a shared parking agreement with an adjacent property. Until such alternate parking arrangements are made, the following limitations to concurrent events shall apply: • During an event in the theater, up to 175 restaurant patrons are permitted. • During an event in the theater, a private event shall not be held in the main dining room. • During an event in the theater and a private event in the small banquet room, the restaurant shall not be open to the public. 7 Events taking place on the same day shall be scheduled a minimum Planning and Building of two hours apart in order to ensure an adequate number of on-site Department parking spaces and adequate traffic flow. 8 The number of persons admitted shall not exceed 990 guests for Planning and Building events held within the theatre portion of the venue. Department 9 If noise complaints are received, and are validated by City staff, the Planning and Building applicant must cease operation of the noise source until such time Department that additional measures are implemented to eliminate the noise. 10 Trash shall not be emptied into outside trash containers between the Planning and Building hours of 10:00 p.m. and 7:00 a.m. Department 11 A chain or other barrier/barricade shall be maintained at either end Planning and Building of the south drive aisle from one hour before to one hour after events Department to prohibit cars and buses from driving through or parking in this area. 12 The permitted event or activity shall not create sound levels that Planning and Building violate any ordinance of the City of Anaheim. Department 13 The Parking Management Plan is subject to continuous review by Planning and Building the Planning and Building Department and Public Works, Traffic Department, and Transportation Division. The plan shall include measures to Public Works ensure that the parking of vehicles and valet activities do not affect Department traffic on Harbor Boulevard and do not cause a disturbance to the residential neighbors. 14 The business owner shall require that any valet operator review the Planning and Building Parking Management Plan and conditions of approval pertaining to Department valet operations and sign an agreement that they will comply with the requirements. - 9 - PC2016-056 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 15 Valet attendants shall park vehicles in the numbered stalls reserved Planning and Building for valet. Valet attendants shall not rely upon chirping the key fobs Department to locate vehicles. 16 The valet stand shall be located at the west entry, as shown on the Public Works approved Parking Management Plan. Department, Traffic and Transportation Division 17 The ongoing ability for guests to self -park at no charge shall be Planning and Building clearly posted. Optional valet parking may also be provided. Department Public Works Department, Traffic and Transportation Division 18 The parking area immediately behind the building shall be reserved Planning and Building for employees. Guests are not permitted to park in this area. Department 19 No buses are allowed in the parking area on the east side of the Planning and Building property, or the drive aisle along the south side of the property, Department including, but not limited to, buses for tour companies or performers. 20 During events in the theater or banquet areas, parking lot attendants Planning and Building shall be present and direct all patrons to park on the premises. Department 21 The same security team for all events shall be provided by the Police Department business owner, utilizing a company approved by the Police Department. Customers hosting events at the facility are not permitted to employ or provide their own security, except for security that is in addition to the security team provided by the business owner. 22 The Security Plan is subject to continuous review by the Police Police Department Department, Vice Detail. The plan shall include measures to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 23 Any and all security officers provided shall comply with all State Police Department and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. -10- PC2016-056 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 24 The eastern portion of the property shall be provided with enough Police Department lighting to illuminate and make clearly visible the presence of any person on or about the premises between dusk and 5:30 a.m. 25 All south and east facing doors shall remain closed at all times, Police Department except in case of an emergency. Security guards shall monitor the south and east doors during events to ensure that they remain closed. 26 Security personnel shall be responsible for maintaining orderly Police Department conduct and prompt exiting from the property. 27 Management shall e-mail a monthly calendar of Police Department entertainment/events to the Vice Detail, attention mmirwinkanaheim.net, prior to the start of each month. Alternatively, the operator shall consistently maintain an "Event Calendar" on the website for the business. 28 Any graffiti painted or marked upon the premises or on any Planning and Building adjacent area under the control of the licensee shall be removed or Department painted over within 24 hours of being applied. 29 Any television or film activity shall be limited to filming, recording Planning and Building or broadcasting events that are authorized by this conditional use Department permit. 30 As recommended by the updated parking analysis prepared by Public Works Kunzman Associates, Inc. (dated March 7, 2012), events shall commence no earlier than 9:00 a.m. 31 As required by the facility's Type 47 (On -Sale -General — Eating Police Department Place) Alcohol Beverage Control license, at all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of food normally offered in a restaurant. 32 That subject alcoholic beverage license shall not be exchanged for a Police Department public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 33 The sale of alcoholic beverages for consumption off the premise Police Department shall be prohibited. 34 There shall be no exterior advertising or sign of any kind or type, Police Department including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. - 11 - PC2016-056 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 35 The business shall not employ or permit any persons to solicit or Police Department encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 36 Petitioner shall not share any profits, or pay any percentage or Police Department commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 37 All employees and patrons shall be clothed in such a way as to not Police Department expose "specified anatomical areas" as explained in the Anaheim Municipal Code. 38 Petitioner(s) shall not require patrons to purchase a minimum Police Department number of drinks. 39 Entertainment is allowed only within the building. No Police Department entertainment, including band warm-up and rehearsal, is allowed in the parking lot. 40 The property shall not be operated as a "Dance Venue", as defined Police Department in Section 18.92.070 of the Anaheim Municipal Code. 41 No minor under the age of sixteen (16) years shall be allowed to Police Department attend the dance or event, unless accompanied by a parent or guardian. 42 Managers, owners, bar tenders, and wait staff shall call the Police Department Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs) Training. The contact number is (714) 558-4101. 43 The business shall not be operated in such a way as to be detrimental Police Department to the public health, safety or welfare. 44 Any violation of the application, or any attached conditions, shall be Police Department sufficient grounds to revoke the permit, subject to a public hearing. 45 Signs shall be posted on the interior of the south and east facing exit Planning and Building doors stating "Do Not Open, Except in Emergencies." Department 46 All guest parking spaces that may be used for valet service shall be Planning and Building marked with a number. The 34 parking spaces behind the building Department and closest to the south property line shall be marked "Employee." 47 Signs shall be posted at all exits stating "No alcohol beyond this Police Department point." - 12 - PC2016-056 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 48 When no events are held within the venue, the parking lot may be Planning and Building used for public parking, including charging a fee for parking. The Department business owner must provide a security guard to monitor the site when used for public parking. 49 When no events are held within the venue, the parking lot may be Planning and Building used for public parking, including charging a fee for parking. All Department other outdoor activities are prohibited, including, but not limited to, food trucks or carts, merchandise sales, or entertainment. 50 When no events are held within the venue, the parking lot may be Planning and Building used for public parking, including charging a fee for parking. No Department overnight parking of vehicles shall be allowed in conjunction with this use. Hours of operation for public parking shall be consistent with the permitted hours of operation for the venue, as described in Condition No. 1, above. GENERAL 51 The subject Property shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim by Department the petitioner and which plans are on file with the Planning and Building Department, and as conditioned herein. 52 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively Department referred to individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 53 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. - 13- PC2016-056