Resolution-PC 2021-007
RESOLUTION NO. PC2021-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMITNO. 2020-06077,AND PUBLIC CONVENIENCE OR
NECESSITYNO. 2020-00154AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2020-00131)
(2790 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2020-
06077to permit the construction of a new service station andconvenience store, and (ii) an associated
Determination of Public Convenience or Necessity No. 2020-00154 to permit the sale of beer and wine
for off-premises consumption (“Proposed Project”) at that certain real property located at 2790 West
Lincoln 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, approximately 0.48-acres in size, is currently developed with a
fast food drive-through restaurant building. The Property is located within the "Corridor Residential”
land use designation of the Anaheim General Plan. The Property is also 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 Code; and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in
California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued
Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-25-20
issued on March 12, 2020), which allows a local legislative body to hold public meetings via
teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all
members of the public seeking to observe and to address the local legislative body; and
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a
teleconferencing public hearing at the Civic Center in the City of Anaheim on January 20, 2021, at 5:00
p.m., notice of said public hearing having beenduly given as required by law and in accordance with the
provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against
the Proposed Project 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 Procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
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WHEREAS, the Planning Commission finds and determines that the Proposed Project is
within that class of projects (i.e., Class 3 –New Constructionor Conversion of Small Structures) which
consists of construction and location of limited numbers of new, small facilities or structures, and that,
therefore, pursuant to Section 15303 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
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 No. 2020-06077, does find and determine the
following:
1) That the proposed use is properly one for which a conditional use permit is authorized by
the Code which allows a service station and convenience store to be constructed in the General
Commercial (C-G) Zone subject to approval of a conditional use permit pursuant to Section 18.08.030
of the Code; and
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 service station and
convenience store will replace an existing fast food drive-through restaurant 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; and
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 Proposed Project is designed to ensure maneuverability that is compatible with the
adjacent commercial uses and therefore is not anticipated to adversely affect development of the area;
and
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 exceedthe 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 zone, 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 the request for a Determination of Public Convenience or Necessity No. 2020-00154,
does find and determine the following facts:
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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 23958.4, "undue concentration" means the case in which the Property is located in
an area where any of the following conditions exist:
(a) The Property is located in a crime reporting district that has a 20 percent greater
number of reported crimes than the average number of “reported crimes” (as
defined in Section 23958.4), 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 Property is
located exceeds the ratio of on-sale retail licenses to population in the county
in which the applicant premises are located.
(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 Property is
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 "public convenience or necessity" determinations; 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 No. 870.01 with a population of 5,537 that allows
for threeoff-sale ABC licenses. There ispresently no off-sale ABC licenses in the tract. The Property
is located in Police Reporting District No. 1717, which has a crime rate that is 124 percent above the
Citywide average. The Police Department evaluates these requests based on the crime rate within a one-
quarter mile radius of the Property for the subject site. The crime rate within ¼ mile of this Property is
127 percent above the Citywide average based upon calls for service. Since the crime rate is above the
Citywide average, a determination of "public convenience or necessity" is required.
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6.The request to permit alcoholic beverage sales for off-premises consumption in conjunction
with a service station and convenience storewould not adversely affect the surrounding land uses and
the growth and development of the area in which it is proposed to be located because the Property is
currently developed with a similar use and the proposed development of the premises is compatible with
the existing uses in the surrounding area, and;
7. The determination of "Public Convenience or Necessity" can be made based on the finding
that the license requested is consistent with the Planning Commission guidelines for such determinations
and further that the granting of the determination of Public Convenience or Necessity, under the
conditions imposed, will not be detrimental to the health and safety of the citizens of the City of
Anaheim, and;
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 negate 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.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning
Commission does hereby approve Conditional Use Permit No. 2020-06077, and Public Convenience or
Necessity No. 2020-00154 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 that portion of the Property for which Conditional Use Permit No.
2020-06077, and Public Convenience or Necessity No. 2020-00154 is applicable in order to preserve the
health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code.
Timing for compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is established that satisfies the original intent and
purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit
may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine
that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of
the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid
or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and
any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of the
proposed request only to the extent that it complies with the Code and any other applicable City, State
and Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
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EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2020-06077,
AND PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00154
(DEV2020-00131)
RESPONSIBLE
NO. CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
1Prepare and submit a final grading plan showing building footprints, Public Works,
pad elevations, finished grades, drainage routes, retaining walls, erosion Development Services
control, slope easements and other pertinent information in accordance
with Anaheim Municipal Code and the California Building Code, latest
edition.
2Prepare and submit a final drainage study, including supporting Public Works,
hydraulic and hydrological data to the City of Anaheim for review and Development Services
approval. The study shall confirm or recommend changes to the City's
adopted Master Drainage Plan by identifying off-site and on-site storm
water runoff impacts resulting from build-out of permitted General Plan
land uses. In addition, the study shall identify the project's contribution
and shall provide locations and sizes of catchments and system
connection points and alldownstream drainage-mitigating measures
including but not limited to offsite storm drains and interim detention
facilities.
a.The following conditions shall be addressed in the final Drainage
report:
i.Include a copy of the Orange County Hydrological Soils
Type Map with the site marked in the report.
3Submit a FinalGeotechnical Report to the Public Works Development Public Works,
Services Division for review and approval. The report shall address any Development Services
proposed infiltration features of the WQMP.
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RESPONSIBLE
NO. CONDITIONS OF APPROVAL
DEPARTMENT
4Submit Water Quality Management Plan (WQMP) to the City for review Public Works,
and approval. The WQMP shall be consistent with the requirements of Development Services
Section 7 and Exhibit 7.II of the Orange County Drainage Area
Management Plan (DAMP) for New Development/ Significant
Redevelopment projects. The WQMP shall identify potential sources of
pollutants during the long-term on-going maintenance and use of the
proposed project that could affect the quality of the storm water runoff
from the project site; define Source Control, Site Design, and Treatment
Control (if applicable) best management practices (BMPs) to control or
eliminate the discharge of pollutants into the surface water runoff; and
provide a monitoring program to address the long-term implementation
of and compliance with the defined BMPs.
a.The following conditions shall be addressed in the final WQMP:
i.Proposed ROW improvements must be included in site
design and WQMP narrative, including exact square
footages of redevelopment areas and associated BMP sizing.
FCS BMPs shall be implemented if a City catch basin is
impacted.
ii.Include an updated site description including a discussion of
deliveries, food preparation, and any outdoor storage areas.
iii.All pervious and impervious surfaces throughout the Project
sitewill be verified to confirm adequate BMP sizing.
iv.The proposed BMP will be submitted to the groundwater
agency for review and to assess any threats to groundwater
health. Any concerns related to groundwater or water supply
safety may require the Project to propose an alternate
treatment solution, such as biotreatment or equivalent.
v.Owner shall be identified and signatures shall be included
prior to Final approval.
5All required plans and studies shall be prepared by a Registered Public Works,
Professional Engineer.Development Services
6The Owner/Developer shall submit a set of improvement plans for Public Utilities
Public Utilities Water Engineering review and approval in determining Water Engineering
the conditions necessary for providing water service to the project.
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PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
7The legal property owner shall irrevocably offer to dedicate to the City Public Works,
of Anaheim, for road, public utilities and other public purposes, the Development Services
right-of-way easements described below:
i.7-ft. in width on Lincoln Ave
ii.Corner cutback at Lincoln and Dale Avenue
8 Provide a certificate, from a Registered Civil Engineer, certifying that Public Works,
the finished grading has been completed in accordance with the City Development Services
approved grading plan.
9 The developer shall submit street improvement plans and obtain a Right Public Works,
of Way Construction Permit for all work performed in the public right-Development Services
of-way from the Development Services Division. The developer shall
submit a cost estimate and post a security (Performance and Labor &
Materials Bonds) in an amountapproved by the City Engineer and in a
form approved by the City Attorney for the construction of all required
public improvements within the City street right of way of Lincoln
Avenue and Dale Avenue. The following improvements shall conform
to the applicable City Standards and as approved by the City Engineer:
a. On Lincoln Avenue, the developer shall construct all
improvements along the project’s frontage including a 5-
ft. sidewalk at ultimate right of way and 14-ft.
landscaped public parkway and trees, curb adjacent, or
as approved by the City Engineer. The proposed
irrigation line and meter shall be connected to the private
main.
b.On Dale Avenue, the developer shall construct all
improvements along the project’s frontage including a 5-
ft. sidewalk at ultimate right of way and 8-ft. landscaped
public parkway and trees, curb adjacent, or as approved
bythe City Engineer. The proposed irrigation line and
meter shall be connected to the private main.
c.All off-site improvements that consist of excavation on
an active moratorium street will require prior approval
from the City Engineer per the City of Anaheim
Standard Detail 132. Dale Ave is currently under an
active moratorium until January 25, 2021 and Lincoln
Ave is currently under an active moratorium until April
7, 2023.
10 A Cash-in-Lieu (CIL) of improvements for the street widening along Public Works,
Lincoln Avenue and Dale Avenue in the amount determined by the City Development Services
Engineer shall be paid to the City of Anaheim.
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11 The legal owner shall submit an application for a Subdivision Map Act Public Works,
Certificate of Compliance to the Public Works Development Services Development Services
Division. The Certificate of Compliance shall be approved by the City
Surveyor and recorded in the Office of the Orange County Recorder.
12 Prior to approval of permits for improvement plans, the property Public Utilities,
owner/developer shall coordinate with Electrical Engineering to Electrical Engineering
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and related
technical drawings and specifications.
13 All backflow equipment shall be located above ground outside of the Public Utilities,
street setback area in a manner fully screened from all public streets and
Water Engineering
alleys. Any backflow 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 Water Engineering
Division outside of the street setback area in a manner fully screened
from all public streets and alleys. Saidinformation shall be specifically
shown on plans and approved by Water Engineering and Cross
Connection Control Inspector.
14 All requests for new water services, backflow equipment, or fire lines, Public Utilities
as well as any modifications, relocations, or abandonments of existing
Water Engineering
water services, backflow equipment, and fire lines, shall be coordinated
and permitted through Water Engineering Division of the Anaheim
Public Utilities Department.
All existing water services and fire services shall conform to current
15 Public Utilities,
Water Services Standards Specifications. Any water service and/or fire
Water Engineering
line that does not meet current standards shall be upgraded if continued
use is 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.
Underground Storage Tanks shall conform to Anaheim Fire & Rescue’s
16Anaheim Fire & Rescue
UST Installation and Modification Guidelines.
17 Vent piping is required for USTs.Anaheim Fire & Rescue
Any cooking appliances producing grease laden vapors shall require a
18 Anaheim Fire & Rescue
Type I hood and fire suppression for the hood.
19 Final landscape plans in compliance with all Code requirements shall Planning and Building
be submitted for review and approval by the Planning Director or his/her Department,
designee. Landscaping shall be installed prior to the issuance of a
Planning Services
Certificate of Occupancy for the business.
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PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
20All public improvements shall be constructed by the developer, Public Works,
inspected and approved by Construction Services prior to the final Development Services
building and zoning inspection.
21All remaining fees/deposits required by Public Works department must Public Works,
be paid in full.Development Services
22All required on-site Water Quality Management BMP improvements Public Works,
shall be completed, operational, and are subject to review and approval Development Services
by the Public Works inspector.
23Record Drawings and As-Built Plans shall be submittedfor review and Public Works,
approval to the Department of Public Works, Development Services Development Services
Division.
24Street curb along the project frontage on Dale Ave shall be painted red Public Works,
per existing condition.
Traffic Engineering
25Curbs adjacent to the drive aisles shall be painted red to prohibit parallel Public Works,
parking in the drive aisles. Red curb locations shall be clearly labeled
Traffic Engineering
on building plans.
26Prior to final building and zoning inspection, fire lanes shall be posted Public Works,
with “No Parking Any Time.” Said information shall be specifically
Traffic Engineering
shown on plans submitted for building permits.
27The first parking stall near the project driveway on Dale Avenue shall Public Works,
be used as a loading/unloading stall for delivery. Prior to final building
Traffic Engineering
and zoning inspection, NO PARKING –LOADING/UNLOADING
ONLY marking and sign shall be installed to prevent customersfrom
parking in this stall.
28The first parallel parking stall near the project driveway on Lincoln Public Works,
Avenue shall be used as an employee parking stall. Prior to final
Traffic Engineering
building and zoning inspection, EMPLOYEE PARKING ONLY
marking and sign shall be installed to prevent customer from parking in
this stall.
29Owner/Developer shall install an approved backflow prevention Public Utilities
assembly on the water service connection(s) serving the property,
Water Engineering
behind property line and building setback in accordance with Public
Utilities Department Water Engineering Division requirements.
30Prior to connection of electrical service, the legal owner shall provide Public Utilities,
to the City of Anaheim a Public Utilities easement with dimensions as
Electrical Engineering
shown on the approved utility service plan.
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31Prior to connection of electrical service, the legal owner shall submit Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
OPERATIONAL CONDITIONS
32Ongoing during project operations, fuel truck access shall be either Public Works,
to/from Lincoln Avenue, or to/from Dale Avenue via Lincoln Avenue.
Traffic Engineering
Trucks are not permittedto continue to travel on Dale Avenue.
33The Owner shall be responsible for restoring any special surface Public Utilities
improvements, other than asphalt paving, within any right-of-way,
Water Engineering
public utility easement or City easement area including but not limited
to colored concrete, bricks, pavers, stamped concrete, walls, decorative
hardscape or landscaping that becomes damaged during any excavation,
repair or replacement of City owned water facilities. Provisions for
maintenance of all said special surface improvements shall be included
in the City easement deeds.
34The 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.
35The area of alcoholic beverage displays shall not exceed 25% of the total Police Department
display area in a building.
36No display of alcoholic beverages shall be located outside of a building Police Department
or within five (5) feet of any public entrance to the building.
37The possession of alcoholic beverages in open containers and the Police Department
consumption of alcoholic beverages are prohibited on or around these
premises.
38Any graffiti painted or marked upon the premises or on any adjacent area Police Department
under the control of the licensee shall be removed or painted over within
24 hours.
39Petitioner(s) shall police the area under their control in an effort to Police Department
prevent the loitering of persons around the premises.
40There shall be no pay to play amusement machines or video game Police Department
devices maintained upon the premises at any time.
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41There 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.
42Managers/Owners shall contact the Department of Alcoholic Beverage Police Department
Control and obtain LEAD (Licensee Education on Alcohol and Drugs
Program), RBS, or similar certificate training for themselves and register
employees. The contact number for ABC is 657-205-3533.
43The 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.
44All new landscaping shall be installed in conformance with Chapter Planning and Building
18.46 “Landscape and Screening” of the Anaheim Municipal Code and Department,
shall be maintained in perpetuity.Landscaping shall be replaced in a
Planning Services
timely manner in the event that it is removed, damaged, diseased and/or
Division
dead.
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GENERAL
The following minimum horizontal clearances shall be maintained
45Public Utilities,
between proposed water main and other facilities:
Water Engineering
10-feet minimum separation (outside wall-to-outside wall) from
sanitary sewer mains and laterals
5-feet minimum separation from all other utilities, including
storm drains, gas, and electric
6-feet minimum separation from curb face
10-feet minimum separation from structures, footings, and
trees.
The following minimum clearances shall be provided around all new
and existing public water facilities (e.g. water mains, fire hydrants,
service laterals, meters, meter boxes, backflow devices, etc.):
10 feet from structures, footings, walls, stormwater BMPs,
power poles, street lights, and trees.
5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
46The Applicant shall defend, indemnify, and hold harmless the City and PlanningandBuilding
its officials, officers, employees and agents (collectively referred to Department,
individually and collectively as “Indemnitees”) from any and all claims,
Planning Services
actions or proceedingsbrought 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.
47The applicant is responsible for paying all charges related to the Planning andBuilding
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
Planning Services
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.
48The property shall be developedsubstantially in accordance with plans Planning andBuilding
and specifications submitted to the City of Anaheim by the applicant and Department,
which plans are on file with the Planning Department.
Planning Services
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