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Resolution-PC 2018-013established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit maybe 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 this 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 March 5, 2018. 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. CHAIRPERSON, PLANNING'COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2018-013 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 March 5, 2018, by the following vote of the members thereof. AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 5' day of March, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-013 APN: 267-062-03 EXHIBIT "A" DEV NO. 2018-00006 i B�RTQ s i rA E KENWOOD AVE 0 0 50 00 v Feet F- E RQMNEYA DR H a W z Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC2018-013 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2018-05953 (DEV2018-00006) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 1 There shall be no admission fee, cover charge, nor minimum purchase of Police Department alcoholic beverages required. 2 There shall be no exterior advertising of any kind or type, including Police Department advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 3 The subject alcoholic beverage license shall not be exchanged for a public Police Department 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. 4 At all times when the premise is open for business, the premise shall be Police Department maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 5 Parking lots, driveways, circulation areas, aisles, passageways, recesses Police Department and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 6 There shall be no entertainment, amplified music or dancing permitted on Police Department the premise at any time unless the proper permits have been obtained from the City of Anaheim. 7 The business shall not employ or permit any persons to solicit or encourage Police Department 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) 8 Managers / Owners need to call the Department of Alcoholic Beverage Police Department Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The number is 714-558-4101. - 6 - PC2018-013 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 Any Graffiti painted or marked upon the premises or on any adjacent area Planning Department, under the control of the licensee shall be removed or painted over within Code Enforcement 24 hours of being applied. 10 The petitioner(s) shall be responsible for maintaining free of litter the area Police Department adjacent to the premises over which they have control. 11 The number of persons shall not exceed the maximum occupancy load as Police Department determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code) 12 The door(s) shall be kept closed at all times during the operation of the Police Department premises except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. 13 The Petitioner(s) shall post and maintain a professional quality sign facing Police Department 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. 14 Sales of alcoholic beverages for consumption off the premises shall be Police Department prohibited. 15 Petitioner(s) shall police the area under their control in an effort to prevent Police Department the loitering of persons about the premises. 16 The owner shall be responsible for maintaining the property in an orderly Planning and fashion through the provision of regular maintenance and removal of trash Building Department, or debris. Any graffiti painted or marked upon the buildings making up the subject Property shall be removed or painted over within 24 hours of Code Enforcement being applied. Division - 7 - PC2018-013 GENERAL CONDITIONS OF APPROVAL 17 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and officials, officers, employees and agents (collectively referred to Building Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, set Division 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. 18 The applicant is responsible for paying all charges related to the processing Planning and of this discretionary case application within 30 days of the issuance of the Building Department, final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in Planning Services the issuance of required permits or may result in the revocation of the Division approval of this application. 19 The subject Property shall be developed, used and maintained Planning and substantially in accordance with plans and specifications submitted to the Building Department, City of Anaheim by the petitioner and which plans are on file with the Planning Services Planning Department, and as conditioned herein. Division - 8 - PC2018-013