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HomeMy WebLinkAboutPC Res 07-10 - 2007-03-21 RESOLUTION NUMBER 07-10 O~,0 6'~ '4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT 05-11, ALLOWING AND OUTDOOR DINING AREA OF APPROXIMATELY 145 SQUARE FEET AT 320 MAIN STREET THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: SectIOn I On February 8, 2007, Conrad Mmgura, (the "ApplIcant") filed an applIcatIOn WIth the Department of Development ServIces for the IndefinIte ExtenSIon of CondItIonal Use PermIt 05-11, requestIng approval to contInue to utIlIze an outdoor dInIng area of approXImately 145 square feet as prevIOusly approved SectIOn 2 Pursuant to 14 CalIf Code of Regs S 15301 and S II B of the CIty'S Local CEQA GUIdelmes, staff has determmed as follows The applIcatIOn for the IndefinIte ExtenSIOn of CondItIOnal Use PermIt 05-11 for the requested land use entItlements at a restaurant whIch currently IS authOrIzed to sell beer and wme IS categorIcally exempt from reVIew pursuant to the CalIfornIa EnVIronmental QUalIty Act pursuant to 14 CalIf Code of Regs S 15305 (MInor AlteratIons m Land Use LimItatIOns), because the proposal Involves a mInor alteratIOn In land use lImItatIOn and does not Involve eIther a property In excess of 20% slope or a change m land use or densIty SectIOn 3 A duly notIced publIc hearmg was held before the Plarmmg CommIssIOn on March 21, 2007, to conSIder the applIcatIOn for approval of an IndefinIte ExtenSIOn regardmg CondItIonal Use PermIt 05-11 At the publIc hearIng the plannIng commISSIon conSIdered all publIc testImony regardIng the request SectIon 4 The record of the hearIng of March 21, 2007 IndIcates the follOWIng (a) On February 8, 2007, Conrad MIngura, (the "ApplIcant") filed an applIcatIOn WIth the Department of Development ServIces for the IndefinIte ExtenSIOn of CondItIOnal Use PermIt 05-11 (b) SpeCIfically, the applIcant IS requestIng approval to contInue to utIlIze an outdoor dInIng area of approxImately 145 square feet as prevIOusly approved Z \L WhlUenberg\My Documents\RESO\CUP 05-11 IE 320 Mam PC Reso doc\L W\03-22-07 Planmng CommiSSIOn ResolutIOn 07-10 ConditIOnal Use Pel nut 05-11, lndefimte ExtensIOn 320 Mall1 Street March 21,2007 (c) The subJect property IS descrIbed as Orange County Assessor's Parcel # 043-113-37 (d) The subJect restaurant IS 1,955 square feet In SIze and comprIses an 870 square foot seatIng area WIth 64 seats and an addItIonal 8 seats at a new bar area, a 720 square foot area for kItchen and servIce areas, and 365 square feet IS utIlIzed for restrooms, hallways, etc (e) The subJect property IS approxImately 5,198 square feet and IS developed WIth an eXIstIng 5,320 square foot, 2-story retml bUIldIng that contmns the subJect restaurant and a 1,000 square foot law office on the ground floor, WIth a medIcal office and travel agency on the second floor, both of whICh are 1,160 square feet In SIze (t) The subJect property has receIved the follOWIng approvals from the City. o V AR 84-11 was InItIally approved on November 7, 1984 to construct a new 5,320 square foot, 2-story retml bUIldIng WIth less than the reqUIred parkmg (EntIre Property) through the adoptIOn ofPlannmg CommIssIon ResolutIOn 1346 The approved varIance allowed 5 parkIng spaces to be proVIded, when the ZOnIng proVISIOns at that tIme reqUIred a total of 24 spaces to be proVIded, a variance of 19 spaces The November 1984 approval mcluded a 1,000 square foot restaurant area On December 4, 1985 the PlannIng CommIssIOn conSIdered and approved an "Amendment of VarIance 11-84" that allowed for the restaurant area to be 1,955 square feet, resultIng In a variance for 26 parkIng spaces The CommissIOn dId not adopt a new resolutIOn, the prevIously adopted ResolutIOn 1346 was anlended to reflect the revIsed condItIons as approved by the CommIssIon o CUP 85-20 was approved by the Plannmg CommISSIOn on December 18, 1985 for on-sale beer and WIne sales In conJunctIOn WIth a proposed new restaurant (the subJect property) by the adoptIon of PlannIng CommIssIon ResolutIon 1402 The subJect premIse has operated as a restaurant smce 1986, first as Bayou St John and most recently as CarolIne's (g) The nearest reSIdentIal property IS located Immediately to the east of the property, across the alley to the rear of the subJect property (h) The surroundIng land uses and ZOnIng are as follows o NORTH, SOUTH and WEST - Retml bUSInesses In the Mmn Street SpeCIfic Plan (MSSP) zone o EAST - ReSIdential uses In the ReSIdentIal HIgh DenSIty (RHD) zone (I) Sergeant Tim Olsen WIth the Seal Beach PolIce Department has reVIewed the applIcatIOn and has no reservatIOns or concerns regardmg the subJect requests CUP 05-11 IE 320 Mam PC Reso 2 Planmng CommiSSIOn ResolutIOn 07-10 ConditIOnal Use Pernut 05-/1, Indefimte ExtensIOn 320 Mam Street March 21,2007 (j) As March 15,2007 the PlannIng Department has not receIved any wrItten communIcatIons regardIng thIS applIcatIOn SectIOn 5 Based upon the facts contamed In the record, mcludIng those stated m S4 of thIs resolutIOn and pursuant to SS 18-1250,28-2503 and 28-2504 of the CIty'S Code, the PlannIng CommIssIOn makes the folloWIng findIngs (a) The IndefinIte ExtensIon of CondItIonal Use PermIt 05-11, as proposed to be condItIoned regardIng business operatIons, IS consIstent WIth the provIsIons of the Land Use Element of the CIty'S General Plan, whIch provIdes a MaIn Street SpecIfic Plan zonIng desIgnatIOn for the subJect property and permIts outdoor dInIng areas at restaurants servIng alcoholIc beverages subJect to the Issuance of a condItIonal use permIt The use IS also consIstent WIth the remammg elements of the CIty'S General Plan, as the polIcIes of those elements are consIstent WIth, and reflected In, the Land Use Element AccordIngly, the proposed use IS consIstent WIth the General Plan based on the follOWIng (1) The provISIon of outdoor dInIng areas IS m conformance WIth several urban desIgn factors that are IdentIfied wIthIn the adopted Mam Street SpeCIfic Plan and the resultIng MaIn Street SpeCIfic Plan Zone, as set forth In SectIons 28-1250 through 28-1257 of the Seal Beach MunICIpal Code The applIcable urban desIgn factors mclude (J ProvISIOn of transparent storefronts wIth VIews mto shops, offices, and restaurants, (J EclectIc archItecture WIthout natIonal trademark bUIldIngs, and (J BUIldIng facades lImIted to 35-50 feet In WIdth (2) The outdoor dmIng area reInforces the above IdentIfied urban desIgn factors speCIfied In the MaIn Street SpeCIfic Plan and further complIes WIth the provlSlons of SectIon 28-1253 A 1, 28-1253 A 4, and SectIOn 28-1253 A 6 , whIch dIscusses transparency of store fronts, fayade setbacks, IncludIng outdoor restaurant seatIng areas, and fayade WIdth and appearance of mterconnectIng bUIldIngs (3) The subJect premIses has been lIcensed for the sale of beer and WIne SInce 1985 and neIther the CIty or the Department of AlcoholIc Beverage Control has experIenced any SIgnIficant enforcement Issues at thIS locatIon dUrIng that tIme Smce the premIses IS already lIcensed to serve alcohol there IS no over- concentratIOn Issue created by the proposed change m the type of lIcense, as the CrIterIa utIlIzed by the Department of AlcoholIc Beverage Control does not dIfferentIate between the type of on-premIse sales lIcenses, and thIS premIse IS already counted In the ABC database as an eXIstmg establIshment (4) The use of the outdoor dInIng area has not resulted In any complamts to the PlannIng Department or PolIce Department regardmg nOIse, publIc dIsturbance, or publIc nUIsance Issues (b) The outdoor dInIng area, as proposed to be condItIoned by the approval of the requested IndefinIte extenSIOn, WIth no change m (1) busmess operatIng CUP 05-11 IE 320 Mam PC Rcso 3 Planmng CommiSSion ResolutIOn 07-10 ConditIOnal Use Permit 05-11, Indefimte E>.tenslOn 320 Mam Street March 21,2007 hours, (2) no change to the current alcohol lIcense for only beer and wine, a lImItatIOn of no more than 8 seats at the new bar area, and (4) no allowance for lIve entertaInment other than that permItted through the Special Event process of the CIty, IS conSIstent WIth the Intent and purpose and VISIOn establIshed for the MaIn Street SpecIfic Plan based on the follOWIng (I) The outdoor dmmg areas IS In conformance wIth several urban desIgn factors that are IdentIfied wIthm the adopted MaIn Street SpecIfic Plan and the resultIng MaIn Street SpecIfic Plan Zone, as set forth In SectIOns 28-1250 through 28- 1257 of the Seal Beach MunICIpal Code The applIcable urban desIgn factors mclude o ProvIsIon of transparent storefronts WIth VIews Into shops, offices, and restaurants, o EclectIC archItecture WIthout natIOnal trademark bUIldmgs, and o BUIldIng facades lImIted to 35-50 feet m WIdth (2) The proposed outdoor dInIng area reInforces these IdentIfied urban desIgn factors speCIfied In the Mmn Street SpeCIfic Plan and further complIes wIth the provlSlons of SectIon 28-1253 A 1, 28-1253 A 4, and SectIOn 28- 1253 A 6, whIch dIscusses transparency of store fronts, fayade setbacks, mcludmg outdoor restaurant seatIng areas, and fayade WIdth and appearance of InterconnectIng bUIldIngs (3) The subJect premIses has been lIcensed for the sale of beer and WIne SInce 1985 and neIther the CIty or the Department of AlcoholIc Beverage Control has experIenced any SIgnIficant enforcement Issues at thIS locatIOn dUrIng that tIme SInce the premIses IS already lIcensed to serve alcohol there IS no over- concentratIOn Issue created by the proposed change m the type of lIcense, as the CrIterIa utIlIzed by the Department of AlcoholIc Beverage Control does not differentiate between the type of on-premIse sales lIcenses, and thIS premIse IS already counted In the ABC database as an eXIstIng establIshment (4) The use of the outdoor dInIng area has not resulted m any complamts to the PlannIng Department or PolIce Department regardIng nOIse, publIc dIsturbance, or publIc nUIsance Issues (c) The bUIldmg and property at 320 Mmn Street are adequate m SIze, shape, topography and locatIOn to meet the needs of the proposed use of the property, as proposed to be condItIoned by the approval of the requested mdefinIte extenSIOn for use of the outdoor dmIng area, WIth no change m bUSIness operatmg hours, a lImItatIOn of no more than 8 seats at the bar area, and no allowance for lIve entertaInment other than that permItted through the SpeCIal Event process of the CIty based on the follOWIng (I) The outdoor dmIng area IS blocked by the mass of the eXIstIng 2-story commerCial buIldIng and therefore nOIse Impacts to the reSIdentIal neIghborhood to the east would not be expected to be adverse from the outdoor dmIng functIOns (2) The subJect restaurant IS 1,955 square feet In SIze and comprIses an 870 square foot seatIng area WIth 64 seats and an addItIonal 8 seats at a new bar area, a 720 square foot area for kItchen and servIce areas, and 365 square feet IS utIlIzed for restrooms, hallways, etc CUP 05-11 IE 320 Mam PC Reso 4 Plannmg CommiSSIOn ResolutIOn 07-10 ConditIOnal Use Perlnlt 05-11, Indefinite ExtensIOn 320 Mam Street March 21,2007 (3) The subject property IS approxImately 5,198 square feet and IS developed wIth an eXIstmg 5,320 square foot, 2-story retaIl bUIldmg that contams the subject restaurant and a 1,000 square foot law office on the ground floor, WIth a medIcal office and travel agency on the second floor, both ofwhlCh are 1,160 square feet m SIze (4) CUP 85-20 was approved by the Planmng CommISSIOn on December 18, 1985 for on-sale beer and wme sales m COlljunctIOn WIth a proposed new restaurant (the subject property) by the adoptIOn of Plannmg CommISSIOn ResolutIOn 1402 The subject premIse has operated as a restaurant smce 1986, prevIOusly as Bayou St John and Carolme's and currently as 320 Mam (5) The busmess operator may apply for lImIted lIve entertaInment events m conformance WIth the adopted SpeCIal Event polIcIes and procedures of the CIty (d) ReqUIred adherence to applIcable bUIldmg and fire codes ensures there wIll be adequate water supply and utIlItIes for the proposed use based on the followmg (1) The outdoor dmmg area has been constructed m complIance WIth all standaId buIldmg, fire, and health code prOVISIons for the approved uses of the subject property (e) The outdoor dmmg use does not conflIct WIth the SpeCIfic Plan's goal to establIsh and mamtam a balanced mIX of uses that serve the needs of both local and non-local populatIOns, as condItIOned by the approval of the outdoor dImng area, WIth no change m (1) busmess operatmg hours, (2) no change to the current alcohol lIcense for only beer and wme, a lImItatIOn of no more than 8 seats at the new bar area, and (4) no allowance for lIve entertaInment other than that permItted through the SpeCIal Event process of the CIty, based on the following (I) The outdoor dmmg area restaurant expanSIOn wIll serve both reSIdents and VISItors of Seal Beach (2) The outdoor dmmg area IS blocked by the mass of the eXIstmg 2-story commercIal bUIldmg and therefore nOIse Impacts to the reSIdentIal neIghborhood to the east would not be expected to be adverse from the dmmg functIOns (3) The subject premIses has been lIcensed for the sale of beer and wme smce 1985 and neIther the CIty or the Department of AlcoholIc Beverage Control has expenenced any sIgmficant enforcement Issues at thIS locatIOn dUrIng that tIme Smce the premIses IS already lIcensed to serve alcohol there IS no over- concentratIOn Issue created by the proposed change m the type of lIcense, as the cntena utIlIzed by the Department of AlcoholIc Beverage Control does not dIfferentIate between the type of on-premIse sales lIcenses, and thIS premIse IS already counted m the ABC database as an eXIstmg establIshment (4) The use of the outdoor dmmg area has not resulted m any complamts to the Plannmg Department or PolIce Department regardmg nOIse, publIc dIsturbance, or publIc nUIsance Issues CUP 05-11 IE 320 Mam PC Reso 5 Plannmg CommiSSIOn ResolutIOn 07-10 ConditIOnal Use Permit 05-11, Indefinite ExtensIOn 320 Mam Street Malch 21,2007 (t) The outdoor dmIng area wIll contrIbute to the unIque character of MaIn Street and the qualItIes that provIde MaIn Street a sense of IdentIty, as condItIOned by the approval of the outdoor dmmg area, WIth no change m (1) busmess operatmg hours, (2) no change to the current alcohol lIcense for only beer and wme, a lImItatIOn of no more than 8 seats at the new bar area, and (4) no allowance for lIve entertaInment other than that permItted through the SpecIal Event process of the CIty, based on the followmg (I) The restaurant WIth outdoor seatmg wIll comply WIth several urban deSIgn factors that are IdentIfied wIthm the adopted Mam Street SpecIfic Plan and the resultmg Mam Street SpecIfic Plan Zone, as set forth m SectIOns 28-1250 through 28-1257 of the Seal Beach MunIcIpal Code The applIcable urban deSIgn factors mclude o ProvIsion of transparent storefronts WIth VIews mto shops, offices, and restaurants, Eclectic archItecture WIthout natIonal trademark bUIldmgs, and BUIldIng facades lImIted to 35-50 feet m wIdth (2) The outdoor dmmg area remforces these IdentIfied urban deSIgn factors specIfied m the Mam Street SpecIfic Plan and further complIes WIth the prOVISIOns of SectIon 28-1253 A 1, 28-1253 A 4, and SectIOn 28-1253 A 6, whIch dIscusses transparency of store fronts, fal(ade setbacks, mcludmg outdoor restaurant seatmg areas, and fal(ade wIdth and appearance of mterconnectmg bUIldmgs (3) The subJect premIses has been lIcensed for the sale of beer and wme smce 1985 and neIther the CIty or the Department of AlcoholIc Beverage Control has experIenced any SIgnIficant enforcement Issues at thIS locatIon durmg that tIme Smce the premIses IS already lIcensed to serve alcohol there IS no over- concentratIon Issue created by the proposed change m the type of lIcense, as the CrIterIa utIlIzed by the Department of AlcoholIc Beverage Control does not dIfferentIate between the type of on-premIse sales lIcenses, and thIS premise IS already counted m the ABC database as an eXIstmg establIshment (4) The use of the outdoor dmmg area has not resulted m any complamts to the Plannmg Department or PolIce Department regardmg nOIse, publIc dIsturbance, or publIc nUIsance Issues (5) The busmess operator may apply for lImIted lIve entertaInment events m conformance WIth the adopted SpeCIal Event polICIes and procedures of the CIty o o (g) The outdoor dmIng use complIes WIth all applIcable CIty CouncIl PolICIes, such as the polICIes the CouncIl has adopted concernmg alcohol uses based on the followmg (1) The outdoor dmIng area has been condItIoned for approval utIlIzmg all applIcable standard condItIons adopted by CIty CouncIl PolIcy 600-1, on February 22, 1993 CUP 05-11 IE 320 MaIn PC Reso 6 Planning CommiSSIOn ResolutIOn 07-10 ConditIOnal Use Permit 05-11, Indefinite ExtensIOn 320 Mam Street March 21, 2007 SectIOn 6 Based upon the foregomg, the Plannmg CommIsSIOn hereby approves the Indefimte ExtenSIOn of CondItIonal Use PermIt 05-11, subJect to the folloWIng condItIons I CondItIOnal Use PermIt 05-11, Indefimte ExtenSIOn, IS approved for an outdoor dmmg area of approxImately 145 square feet m the eXIstmg front setback area adJacent to Mam Street 2 The applIcant shall comply WIth all restrIctIOns placed on the lIcense Issued by the State of CalIfornIa's Department of AlcoholIc Beverage Control (ABC) 3 All alcoholIc beverages sold m conJunctIon WIth the on-premIse-lIcensed establIshment must be consumed entIrely on the premIses prIor to closmg tIme None shall be sold as take-out ConsumptIOn of alcoholIc beverages IS prorubIted m the establIshment's parkmg area There shall be postmg of sIgns both mSIde and outSIde the lIcensed premIses mdIcatmg that law prohIbItS drInkmg outSIde the lIcensed premIses 4 It shall be the responsIbIlIty of the applIcant/lIcensee to provIde all employees that sell or serve alcoholIc beverages WIth the knowledge and skIll enablIng them to comply WIth theIr responsIbIlIties under State of CalIfornIa law 5 The knowledge and skIlls deemed necessary for responsIble alcoholIc beverage servIce shall mclude, but not be lImIted to the followmg tOpICS and skIlls development o State law relatmg to alcoholIc beverages, partIcularly ABC and penal prOVISIOns concernmg sales to mmors and mtoxIcated persons, drIvmg under the mfluence, hours of legal operatIOn and penaltIes for vIOlatIOn of these laws o The potentIal legal lIabIlItIes of owners and employees of busmesses dlspensmg alcoholIc beverages to patrons who may subsequently Illjure, kIll, harm themselves or Innocent VIctIms as a result of the exceSSIve consumptIOn of alcoholIc beverages o Alcohol as a drug and ItS effects on the body and behaVIOr, mcludmg the operatIOn of motor verucles o Methods of dealmg WIth mtoxIcated customers and recogmzmg under age customers 6 The folloWIng organIzatIons proVIde trammg programs, whIch comply WIth the above CrIterIa o ProVIder Department of AlcoholIc Beverage Control Program LIcensee EducatIOn on Alcohol & Drugs (LEAD) Telephone (714) 558-4101 Date 1 stt Monday of each month TIme 10 00 a m to 1 30 p m CUP 05-11 IE 320 MaIn PC Reso 7 Planmng CommiSSIOn ResolutIOn 07-10 ConditIOnal Use Pernut 05-11, Indefinite ExtensIOn 320 Mam Street Malch 21,2007 Cost Place Free ABC, 28 CIVIC Center Plaza, Santa Ana o ProvIder Program Telephone Date Cost Orange County Health Care Agency Alcohol & Drug EducatIOn PreventIOn Team (ADEPT) Servmg Alcohol ResponsIbly (BARCODE) (714) 834-2860 * Karen Keay They wIll schedule appomtments $1295 per person 7 The hours of operatIOn shall be 10 30 AM to 11 PM, mghtly, as prevIously approved pursuant to CondItIOnal Use PermIt 85-20, approved on December 18, 1985 8 No vIdeo games or sImIlar amusements shall be permItted on the premIses unless a separate condItIOnal use permIt IS approved for that use 9 There shall be no exterIor advertIsmg of any kmd or type, mcludmg advertlSlng dIrected to the exterIor from wIthm, promotmg or mdIcatmg the avaIlabIlity of alcoholIc beverages 10 LItter and trash receptacles shall be located at convement locatIOns mSIde and outSIde the establIshment Operators of such establIshments shall remove trash and debrIS on an approprIate basIs so as not to cause health problems There shall be no dumpmg of trash and/or glass bottles outSIde the establIshment between the hours of 10 00 P m and 7 00 a m 11 In the event staff determmes securIty problems eXIst on the sIte, the CondItIOns of thIS permIt may be amended, under the procedures of The Code of the CIty of Seal Beach, to reqUIre the prOVlSlons of addItIonal securIty measures 12 The establIsrunent must serve a complete menu of food untIl thIrty (30) mmutes prIor to closmg tIme 13 Whenever the outdoor dmmg area IS bemg utIlIzed for the sale, servIce or consumptIOn of alcoholIc beverages, a premIse employee shall be m attendance and mamtam contmuous superVISIon at all tImes to ensure the outdoor dmmg area does not create a publIc nUIsance contrary to publIc welfare and morals 14 All alcoholIc beverages served m the outdoor dImng area must be served m glass contamers 15 The establIshment shall comply WIth Chapter 7 15, "NOIse", of The Seal Beach MuniCIPal Code as the regulatIOns of that Chapter now eXIst or may hereafter be amended Should complamts be receIved regardmg nOIse generated by the CUP 05-11 IE 320 MaIn PC Reso 8 Planning CommiSSIOn ResolutIOn 07-IO ConditIOnal Use Permit 05-11, Indefimte &tenslOn 320 Main Street Malch 21,2007 establIshment, the PlannIng CommISSIon reserves the rIght to schedule the subJect CUP for reconSIderatIon and may reqUIre the applIcant/operator to mItIgate the nOIse level to comply WIth the provlSlons of Chapter 7 15 16 The applIcant remaIns bound by all condItIOns approved through preVIOUS entItlements on the property mcludmg (but not lImIted to) CUP 85-2 and Vanance 11-84 17 ThIs CUP shall not become effectIve for any purpose unless/untIl a CIty "Acceptance of CondItIons"' form has been SIgned by the applIcant m the presence of the DIrector of Development SerVIces, or notarIzed and returned to the Plannmg Department, and untIl the ten (10) calendar-day appeal perIod has elapsed 18 A modIficatIOn of thIS CUP shall be applIed for when a The establIshment proposes to change ItS type of lIquor lIcense b The establIshment proposes to modIfy any of ItS current CondItIons of Approval c There IS a substantIal change m the mode or character of operatIOns of the establIshment 19 The Planmng CommISSIon reserves the rIght to revoke or modIfy thIS CUP pursuant to ArtIcles 25 and 28 of The Code of the CIty of Seal Beach If harm or retaIl-related problems are demonstrated to occur as a result of crImmal or antI- SOCIal behaVIOr, mcludmg but not lImIted to the congregatIOn of mmors, VIOlence, publIc drunkenness, vandalIsm, solICItatIOn and/or lItter 20. ThIS CUP shall become null and VOId unless exercIsed wIthm one (1) year of the date of final approval, or such extenSIOn of tIme as may be granted by the Plannmg ComrlllssIOn pursuant to a WrItten request for extenSIOn submItted to the Department of Development ServIces a mmImum of nInety (90) days prIor to such expIratIon date 21 The applIcant wIll prommently dIsplay these CondItIOns of Approval m a locatIOn WIthm the busmesses' customer area that IS acceptable to the DIrector of Development ServIces 22 The applIcant shall mdemrufy, defend and hold harmless CIty, ItS officers, agents and employees (collectively '"the CIty" heremafter) from any and all claIms and losses whatsoever occUITlng or resultmg to any and all persons, firms, or corporatIOns furnIshmg or supplymg work, serVIces, materIals, or supplIes m connectIOn WIth the performance of the use permItted hereby or the exerCIse of the rIghts granted herem, and any and all claIms, laWSUIts or actIOns arIsmg from the grantmg of or the exerCIse of the rIghts permItted by thIS CondItIOnal Use Permit, and from any and all claIms and losses occurrmg or resultmg to any CUP 05-111E 320 MaIn PC Reso 9 P1annmg CommiSSIOn ResolutIOn 07-10 ConditIOnal Use Permit 05-11, Indefimte ExtenSIOn 320 Mam Street March 21,2007 person, firm, corporatIOn or property for damage, mJury or death arlSlng out of or connected WIth the performance of the use permItted hereby ApplIcant's oblIgatIOn to IndemnIfy, defend and hold harmless the CIty as stated herem shall mclude, but not be lImIted to, paymg all fees and costs mcurred by legal counsel of the CIty'S chOIce m representmg the CIty m connectIOn WIth any such claIms, losses, laWSUIts or actIons, expert WItness fees, and any award of damages, Judgments, verdIcts, court costs or attorneys' fees m any such laWSUIt or actIOn PASSED, APPROVED AND ADOPTED by the Plannmg CommISSIOn of the City of Seal Beach at a meetmg thereof held on the 21 st day of March , 2007 by the followmg vote AYES CommISSIOners Bello, Deaton, O'Malley, and Roberts NOES CommISSIOners ABSENT CommISSIOners ABSTAIN CommISSIOners i:H~ ~ffn) llery Dea on ChaIrperson of the Plannmg CommISSIon CUP 05-11 IE 320 MaIn PC Reso 10