HomeMy WebLinkAboutPC Res 07-37 - 2007-06-20
RESOLUTION NUMBER 07-37
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING AN
INDEFINITE EXTENSION OF CONDITIONAL USE
PERMIT 06-2 FOR THE CONTINUATION OF AN
EXISTING RETAIL WINE STORE THAT ALSO
OFFERS PRIVATE LABELING OF PERSONALIZED
WINES AT 302 MAIN STREET, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On December I, 2005, Lynne Siemsen and Wayne Ferris filed an
application with the DepartInent of Development Services for Conditional Use Permit 06-2
requesting approvals ofthe following requests:
o To establish a retail wine store that will offer personalized tasting and private labeling
of customer blended wines;
o To establish general operating hours of Noon to 7:00 p.m. Tuesday through Thursday,
11 :00 a.m. to 7:00 p.m. on Friday and Saturday, and I :00 p.m. to 5:00 p.m. on Sunday;
and
o To establish hours for private wine tasting for a maximmn of 15 persons of7:00 p.m. to
9:00 p.m., no more than 3 times per week.
Section 2. On May 15, 2007, Randy Maddix and Lynne Siemsen, (the
"Applicants") filed an application with the Department of Development Services for the
Indefinite Extension of Conditional Use Permit 06-2, requesting approval to continue an existing
retail wine store that also offers private labeling of personal wines at 302 Main Street.
Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15301 and 9II.B of the
City's Local CEQA Guidelines, staff has determined as follows: The application for the
Indefinite Extension of CUP 06-2 for the requested land use entitlements for a retail wine store
that will offer personalized tasting and private labeling of personalized wines is categorically
exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif.
Code of Regs. 9 15305 (Minor Alterations in Land Use Limitations), because the proposal
involves a minor alteration in land use limitation and does not involve either a property in excess
of20% slope or a change in land use or density.
Section 4. A duly noticed public hearing was held before the Planning
Commission on June 20, 2007, to consider the application for the Indefinite Extension of CUP
06-2.
1 of 10
Planl1lng Commls5wn ResolutIOn No 07-37
CondlflOnal Use PerT/lit 06-2 (Indeji11lte ExtensIOn)
302 Mal/1 Street - Vmo Voyage
June 20. 2007
SectIon 5.
The record of the hearing of June 20,2007 indicates the following:
(a) On December 1, 2005, Lynne Siemsen and Wayne Ferns
(filed an apphcation wIth the Department of Development ServIces for CondItIOnal Use PermIt
06-2, requestmg approvals of the foII oWll1g'
o To establish a retail wme store that will offer personalIzed tastmg and pnvate labeling
of customer blended wines;
o To establIsh general operatmg hours of Noon to 7:00 p.m. Tuesday through Thursday,
11:00 a m. to 7:00 p m. on Fnday and Saturday, and 1 :00 p.m. to 5:00 p.m. on Sunday;
and
o To establIsh hours for pnvate wine tasting for a maximum of 15 persons from 7 PM to
9 PM, no more than 3 tImes per week.
(b) On May 15,2007, Randy Maddix and Lynne SIemsen, (the
"ApplIcants") filed an applicatIOn With the Department of Development Services for the
Indefimte Extension of Conditional Use PermIt 06-2, requestmg approval to continue an eXlstmg
retail wme store that also offers private labeling of personal wines at 302 Main Street.
(c)
assessor's parcel # 043-113-14.
The subJect property is descnbed as Orange County
(d) The existl1lg wine store area IS 1,865 square feet m size and
is proposed to accommodate approximately 23 seats at tables and an additional 11 seats at a
proposed wine tastmg bar area to be located along the north em intenor wall of the wme store
The main retaIl and tastmg area comprises the front 40 feet of the bUllding space. The restroom,
fermenting, storage, and cleanup areas are proposed to be located in the rear 28 feet of the
subject bUIlding space and occupy approximately 800 square feet, leaving approximately 1,065
square feet of sale, display and tastmg location area (57% of the building area).
(e) The subJect property IS a trapeZOIdal shaped property
having 110 feet of frontage on Mam Street and 78 feet of frontage along the CIty-owned parking
lot that is located to the south of the subject property, contammg approXImately 8,362 square
feet. The subJect tenant space has 29 feet of frontage along Mam Street. The property IS
developed with existmg sl1lgle-story retail bUlldmgs that contal1ls a total of approXImately 6,500
square feet of leasable space, includmg the 1,865 square foot wine store, a 1,500 square foot
mattress sales store, the eXlstmg 1,500 square foot Abbey Restaurant, and the eXIsting 1,500
square foot Fumace Board Shop, a skateboard/clothmg goods store.
(f) The subJect property has receIved the followmg approvals
from the CIty:
o CUP 05-14 was approved by the Planning CommiSSIon on December 7, 2005, for a
restaurant at thiS same location WIthout the abIhty to offer alcohol WIth food service,
2 of 10
Plallnll1g CommlSSlO1l ResolutlOll No 07-37
CondltlOllal U~e Permit 06-2 (Indefimte ExtensIOn)
302 Mam Street - Vmo Voyage
June 20 2007
and that applicant has determined to not proceed with the project as approved by the
Plannmg CommIssion.
o CUP 73-10, CUP 75-2, CUP 78-17, and CUP 80-4 were all approved by the Plannmg
CommisslOn for on sale beer and W1lle lIcenses m conJunctIOn with the operatiOn of the
Mandarin Garden Restaurant, now The Abbey, at 306 Mall1 Street, by the adoption of
Planmng CommiSSIon Resolutions 791, 897, 1169, and 1204 respectIvely. ThIS
business is located on the same property as the proposed restaurant.
o Minor Plan Reviews 67-16, 73-9, 73-13, and 76-21 were all approved by the Plannmg
CommIsslOn for varIOUS SIgn requests for the subJect property affecting all of the
various bus1l1ess operators, by the adoptIon of PlaJming Commission ResolutIons 177,
770,801, and 1032 respectively
(g) The nearest residentIal property is located to the northeast
of the property, across the alley to the rear of the subJect property and easterly ofthe Ma1l1 Street
alley, approximately 100 feet from the subject premises
(h) The surroundmg land uses mld zonmg are as follows.
NORTH, SOUTH,
EAST and WEST
Retail businesses in the Main Street SpecIfic Plan (MSSP) Zone.
NORTHEAST
ResIdenllal uses in the ReSIdential High Density (RHD) Zone.
(i) Sergeant TIm Olsen with the Seal Beach PolIce Department
has reviewed the original applIcation and has no reservatiOns or concems regardlllg the subJect
requests A follow up call to Lieutenant Olsen regardmg the business operation smce It has
opened had not been returned as of June 15,2007.
(j) As of June 15, 2007 the Planning Department has not
received any comments to the publIc heanng notices pubhshed and mailed regardmg thIS
application.
Section 5. Based upon the facts contamed in the record,
mcluding those stated in ~4 of this resolutIOn mld pursuant to ~~ 18-1250, 28-2503 and 28-2504
of the CIty'S Code, the Plmmmg CommIssion makes the followmg findmgs:
(a) The [ndefimte Extension of Condillonal Use PermIt 06-2,
as proposed to be condItIoned relat1l1g to business operations regardmg alcohol sales, 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 the
off-premIse sale of Wllle, subject to the issuance of a condItIOnal use pemlit. The use is also
consistent WIth the remaining elements of the CIty'S General Plan, as the poliCIes of those
elements are conSIstent with, and reflected in, the Land Use Element. Accordlllgly, the proposed
use IS consistent with the General Plan based on the following:
3 of 10
Planlllng Coml111sswn ResolutIOn No 07-37
CondlflOnal Use Permit 06-2 (1lldefilllte ExtensIOn)
302 Malll Sh"eet - VlI10 Voyage
JUlie 20, 2007
(1) The existmg wme store would be a positive addition
to the commercial character of Main Street, provides services to the residents of the commumty
and vIsitors to the City, while providing an addItional retail sales optIon on Main Street that does
not now exist
(2) The existing retail wine sales store is in
conformance with several urban design factors that are identIfied wlthm the adopted Mam Street
SpeCIfic Plan mld the resulting Main 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
lllclude.
o ProVISiOn of transparent storefronts WIth vIews into shops, offices, and
restaurants;
o EclectIc architecture WIthout national trademark buildmgs, and
o Buildmg facades lImIted to 35-50 feet in WIdth.
(3) The existmg retaIl wine sales store reinforces the
above IdentIfied urban design factors specified in the Main Street Specific Plan and further
complies with the proviSIOns of SectIon 28-1253.A.l, 28-1253.AA, and SectIon 28-1253 A.6.,
whIch discusses transparency of store fronts; fayade setbacks, and fayade width and appearance
of mterconnecting bUIldings.
(4) The existing retail wine sales store area of 1,865
square feet reqUIres the proviSIon of 2 addItional off-street parking spaces, or the payment of an
addItIOnal in-lieu parking fee of $3 ,500.00 per space in accordance with the provisions of SectIon
28-1256 of the Main Street SpeCIfic Plan Zone standards. The total 'm-lieu" fee that WIll be
required to be paId for the new retail wine sales store use is $7,000.00.
(5) The existmg use of the subJect premises as a retail
wme sales store is compatible WIth the sUIToundmg neighborhood given the eXIstmg
concentratIon of off-premise alcohol lIcenses withm the "Old Town" area of the CIty, as set forth
in the Planning CommIssion Staff Report.
(b) The eXlstmg use, as conditIOned regardmg business
operatlOns by the CIty and by the State Department of Alcoholic Beverage Control, is consistent
With the mtent and purpose and viSIOn establIshed for the Mam Street SpeCIfic Plan based on the
following'
(1) The prOVISIOn of a retaIl wine sales store IS m
confonnance with several urban deSIgn factors that are identified withm the adopted Mam Street
Specific Plml and the resulting Main Street Specific Plan Zone, as set forth m Sections 28-1250
through 28-1257 of the Seal Beach MUl11CIpal Code. The applIcable urban deSign factors
include:
o PrOVlSlon of transparent storefronts WIth Views mto shops, offices, and
restaurants;
o EclectIc architecture WIthout national trademark bUlldmgs; and
o Building facades limIted to 35-50 feet m width.
4 of 10
Plan/1/ng Commls51On ResolutIOn No 07-37
Cond/flOnal Use Penn/f 06-2 (Indefimte ExtensIOn)
302 Mam Street - VlI10 Voyage
June 20, 2007
(2) The eXIsting retail wme sales store reinforces these
Identified urban design factors specified in the Main Street Specific Plan and further comphes
with the provisions of Section 28-1253.A.I, 28-1253.A.4, and SectIon 28-1253.A.6., WhICh
dIscusses transparency of store fronts, fayade setbacks, and fayade width and appearance of
mterconnectmg bUIldmgs.
(3) The existing retaIl wine sales store is located Within
a Census Tract, 995.12, that has been identified by the State Department of AlcoholIc beverage
Control as being over-concentrated. The previous Issumlce of a Type 02, Wmegrower license by
the DepartInent of AlcoholIc Beverage Control is compatIble WIth the goals and policies of the
Mam Street SpeCIfic Plan, based on the alcohol and drug related incident and arrest mformation
entered mto the record of the publIc hearIng, and the limitations of the business operation
imposed under the terms of the applicable operatmg license from the Department of Alcohohc
Beverage Control.
(4) The record of alcohol and drug related mcidents and
arrests presented by the Police Department, and mcluded wlthm the Plannmg CommIssion Staff
Report, regardmg the Mam Street Specific Plan Area indicate a minor correlatIon WIth off-
premIse alcohol sales and these types of inCIdents and an-ests, and further indIcate that off-
premIse alcohol sales establishments generate SIgnificantly less inCIdents that establishments
with an on-premise alcohol sales license.
(5) The eXisting use of the subJect premises as a retail
wme sales store is compatible with the surroundll1g neighborhood given the existing record of
inCIdents at off-premise alcohol sale lIcensed locations wlthm the "Old Town" area of the CIty,
as set forth in the Plannmg CommIssion StaffRep0l1.
(c) The buildll1g and property at 302 Main St. are adequate m
size, shape, topography and location to meet the needs of the proposed use of the property, as
proposed to be condItioned based on the following:
(i) The existing retail wine sales store location is
blocked by the mass of the eXIsting I-story and 2-story commercial buildings located adJacent to
the subJect property and therefore nOise impacts to the residential neighborhood to the east would
not be expected to be adverse from the business functlOl1s
(2) The existmg retail wme sales store area is 1,865
square feet m SIze and accommodates approximately 23 seats at tables and an additiOnal 11 seats
at a wme tasting bar area located along the northern mterior wall of the wine store. The main
retaIl and tasting area compnses the front 40 feet of the bUIlding space. The restroom,
fermentmg, storage, and cleanup areas are proposed to be located m the rear 28 feet of the
subJect bl11ldmg space and occupy approximately 800 square feet, leavll1g approximately 1,065
square feet of sale, dIsplay and tasting location area (57% of the bllllding area) .
(3) The subJecl property is a trapeZOidal shaped
property having 110 feet of frontage on Mam Street and 78 feet of frontage along the City-owned
parking lot that is located to the south of the subject property, containmg approximately 8,362
square feet. The subject tenmlt space has 29 feet of frontage along Mam Street. The property IS
developed with eXIsting single-story retaIl bmldll1gs that contams a total of approxImately 6,500
square feet ofleasable space, mcludmg the existing 1,865 square foot wine store, a 1,500 square
5 of 10
Plannlllg COnlnllSSWn ResolutIOn No 07-37
ConditIOnal Use Permit 06-2 (Indejil1lte ExtensIOn)
302 Mmn Street - VlllO Voyage
June 20, 2007
foot mattress sales store, the eXIsting 1,500 square foot Abbey Restaurant, and the eXIsting 1,500
square foot Furnace Board Shop, a skateboard1l1g/clothing goods store.
(d) ReqUIred adherence to applIcable bUIlding and fire codes
ensures there WIll be adequate water supply and utIlItIes for the proposed use based on the
followmg:
(1) The eXIst1l1g wine store IS required to comply WIth
all standard bUlldl11g, fire, and health code proviSIOns for the proposed uses of the subJect
property.
(2) The applicants will be required to pay the required
m-lIeu park1l1g fee of $7,000.00 m accordance with the provlslOns of Section 28-1256 prIor to
granting ofthe CUP Indefinite ExtenSiOn for the existmg wine store.
(e) The existmg use docs not conflict WIth the Specific Plan's
goal to establish and maintain a balanced mIX of uses that serve the needs of both local and non-
local populatIons based on the followmg:
(1) The existmg Wl11e store WIll serve both residents
and viSItors of Seal Beach.
(2) The existmg wine store location IS blocked by the
mass of the eXIsting I-story and 2-story commercIal bUIldings located adJacent to the subJect
property and therefore nOIse Impacts to the reSIdential neighborhood to the east would not be
expected to be adverse from the bus1l1ess functIons.
(3) The existing wine store is located withm a Census
Tract, 995.12, that has been Identified by the State Department of Alcoholic Beverage Control as
be1l1g over-concentrated.
(4) The record of alcohol and drug related inCIdents and
arrests presented by the Police Department, and included with1l1 the Plann1l1g CommISSIOn Staff
Report, regarding the Mam Street Specific Plan Area l11dicate a minor correlatIOn WIth off-
premise alcohol sales and these types of 1l1cIdents and arrests, and further mdicate that off-
premise alcohol sales establIshments generate Significantly less incidents that estabhshments
WIth an on-premIse alcohol sales lIcense.
(5) The use of the subject premises as a retaIl wine
store IS compatIble WIth the surroundmg neighborhood given the existing record of mCidents at
off-premIse alcohol sale licensed locations withm the "Old Town" area of the CIty, as set forth m
the Planning CommiSSiOn Staff Report.
(f) The use WIll contribute to the unique character of Mam
Street and the qualities that prOVIde Ma1l1 Street a sense of Identlty based on the following.
(1) The existmg retail wine sales store WIll comply with
several urban design factors that are Identified within the adopLed 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 include:
o PrOVIsion of transparent storefronts with views mto shops, offices,
and restaurants;
6 of 10
Planning COlllllllsslOn ResolutIOn No 07-37
ConditIOnal Use Pernut 06-2 (lndefil1lte ExtensIOn)
302 Mal/1 Street - Vmo Voyage
June 20. 2007
o Eclectic archItecture without national trademark buildings; and
o BUIld1l1g facades hmited to 35-50 feet in width.
(2) The existing retail wine store reinforces these
Identified urban design factors specified in the Ma1l1 Street SpeCific Plan and further complies
wIth the provisions of SectIon 28-1253.A.l, 28.1253.AA, and SectIon 28-1253.A.6., whIch
discusses transparency of store fronts; fayade setbacks, fayade width; and appearance of
interconnecting bUIldll1gs.
(3) The record of alcohol and drug related mCIdents and
arrests presented by the Pohce Department, and mcluded wlthm the Planmng CommIssion Staff
Report, regardlllg the Mam Street Specific Plan Area indicate a minor correlation With off-
premIse alcohol sales and these types of mCldents and arrests, and further mdIcate that off-
premise alcohol sales establIshments generate sIglllficantly less mCldents that estabhshments
with an on-premise alcohol sales hcense.
(4) The existmg use of the subJect premIses as a retail
wme store is compatible WIth the surroundmg neIghborhood given the exist1l1g record of
incidents at off-premise alcohol sale licensed locations WIthin the "Old Town" area of the City,
as set forth 111 the Planning CommiSSIOn Staff Report
(g) The eXIstmg use complies WIth all applicable City Council
Policies, such as the poliCIes the Council has adopted concemmg alcohol uses based on the
followlI1g:
(1) The exist1l1g wme store is conditIOned for approval
utilizing all applicable standard condItions adopted by CIty Council Policy 600-1, on February
22, 1993.
SectIon 6. Based upon the foregoing, the Plamlmg Commission hereby
approves the Indefil11te Extension of CondItIonal Use Pemlit 06-2, subject to the following
conditions:
1. Conditional Use PermIt 06-2, Indefil1lte ExtenSIon, is approved for an eXisting retaIl wme
store of approximately 1,865 square feet at 302 Mam Street.
2. The applIcant shall comply With all restrictions placed on the license issued by the State
of Calif om la's Department of Alcoholic Beverage Control (ABC).
3 All alcoholIc beverages sold or consumed on the premises shall be III accordmlce WIth the
license terms of the Alcohol Sales License issued by the State of California Department
of Alcoholic Beverage Sales. ConsumptIon of alcoholic beverages is prohIbited outside
the establIshment's enclosed building space. There shall be posting of signs both lllsIde
and outSIde the licensed premises indlcatmg that law prohIbits drinking outside the
lIcensed premises.
7 of 10
Plal11l1ng ComnllSSwn ResolutIOn No 07-37
C01uhtlOnal Use Pell1ut 06-2 (Jlldefil1lte ExtensIOn)
302 Mal11 Street - Vmo Voyage
June 20. 2007
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 CalIfonlla law.
5. The knowledge and SkIlls deemed necessary for responsible alcoholic beverage servIce
shall include, but not be limited to the following topics and skills development:
o State law relating to alcoholIc beverages, partIcularly ABC and penal provIsions
conceming sales to minors and 111toxIcated persons, driving under the 111f1uence, hours
of legal operatIon and penaltIes for vlOlation of these laws.
o The potentIal legal lIabIlItIes of owners and employees of businesses dIspens111g
alcoholIc beverages to patrons who may subsequently 111Jure, kill, harm themselves or
iimocent VIctIms as a result ofthe exceSSive consumptIOn of alcoholIc beverages.
o Alcohol as a drug and ItS effects on the body and behaVIor, 111cludmg the operatIon of
motor vehIcles.
o Methods of dealmg WIth intOXIcated customers and recognizmg under age customers.
6. The followmg orgamzatlOns provide traimng programs, which comply WIth the above
criterIa:
o ProVIder: Department of AlcoholIc Beverage Control
Progrmn: LIcensee Education on Alcohol & Dmgs (LEAD)
Telephone:(714) 558-4101
Date: 1 stt Monday 0 f each month
Time: 10:00 a.m. to 1 :30 p.m.
Cost: Free
Place. ABC, 28 CIVIC Center Plaza, Santa Ana
o ProVIder' Orange County Health Care Agency
Alcohol & Drug Education Prevention Temn (ADEPT)
Program. Servmg Alcohol Responsibly (BARCODE)
Telephone:(714) 834-2860 * Karen Keay
Date: They will schedule appointments
Cost: $12.95 per person
7. The hours of operation shall be:
o Noon to 7:00 p.m. Tuesday through Thursday;
o 11 :00 a.m. to 7:00 p.m. on Friday and Saturday, and
o 1:00 p.m. to 5:00 p.m. on Sunday.
o Hours for pnvate wme tasting, for a maximum of20 persons, shall be 7:00 p.m. to
10:00 p.m., no more than 3 times per week.
8. No VIdeo gmnes or SImIlar amusements shall be pemlitted on the premises unless a
separate conditional use pen11lt is approved for that use.
9. 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
8 of 10
Plan/1lng CommiSSIOn ResolutIOn No 07-37
CondlflOnal Use Perllllf 06-2 (Indefil1lte ExtensIOn)
302 Mall1 Street - Vmo Voyage
June 20, 2007
approprIate basis so as not to cause health problems. There shall be no dumping of trash
and/or glass bottles outside the establishment between the hours of 10:00 p.m. and 7:00
a.m.
10. In the event staff determines securIty problems eXIst on the SIte, the CondItions of this
penmt may be amended, under the procedures of The Code of the CIty of Seal Beach, to
reqUIre the proVISiOns of addItIonal secunty measures.
11. The project proponent shall pay the required in-lieu parkmg fee of $ 7,000.00 m
accordance with the proviSIOns of SectIon 28-1256 pnor to granting the Indefimte
ExtenSIOn of CUP 06-2.
12. The establishment shall comply with Chapter 13D, "NOIse Control", of The Code of the
CIty of Seal Beach as the regulations of that Chapter now eXIst or may hereafter be
amended. Should complamts be received regardmg nOIse generated by the establishment,
the Planning CommIssion reserves the nght to schedule the subJect CUP for
reconSIderatIon and may require the applIcant/operator to mIl1gate the nOIse level to
comply WIth the proviSIOns of Chapter 13D
13. This CUP Indefinite Extension shall not become effective for any purpose unless/until a
CIty "Acceptance of CondItIons" form has been signed by the applicant in the presence of
the DIrector of Development Services, or notarized and returned to the Planmng
Department, mld until the ten (i 0) calendar-day appeal period has elapsed
14. 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
estabhshment.
15. The Planning Commission reserves the nght to revoke or modify thIS CUP pursuant to
Articles 25 and 28 of The Code of the City of Seal Beach If hanl1 or retail-related
problems are demonstrated to occur as a result of crimmal or anti-social behaVIOr,
including but not hmlted to the congregation of minors, Violence, publIc drunkenness,
vandalIsm, solicItatlOn and/or htter.
16. The applicant WIll prommently display these CondItlons of Approvalm a locatIOn withm
the businesses' customer area that is acceptable to the Director of Development Services.
17. The applicant shall indemmfy, defend and hold harmless City, its officers, agents and
employees (collectively "the CIty" herem after) from any and all claims and losses
whatsoever occurring or resulting to any and all persons, fimls, or corporations furnishmg
or supplying work, services, materIals, or supphes m connectlOn with the perfOrIl1anCe of
the use pernlitted hereby or the exerCIse of the rights granted herem, and any and all
claims, lawsuits or actions arising from the granting of or the exercIse of the rights
9 of 10
Plannlllg CommiSSIOn ResolutIOn No 07-37
CondlflOnal Use Permit 06-2 (lndcfi11lte ExtensIOn)
302 MaUl Street - V1l10 Voyage
June 20. 2007
permItted by this Conditional Use Permit, and from any and all claIms and losses
occurrmg or rcsultmg to any person, fiml, corporation or property for damage, injury or
death arismg out of or connected WIth the performance of the use permItted hereby.
ApplIcant's obligation to mdemnify, defend and hold harmless the City as stated herein
shall mclude, but not be limIted to, paymg all fees and costs mcurred by legal counsel of
the CIty'S chOIce m representing the CIty m connection with any such claims, losses,
lawsmts or actions, expert WItness fees, and any award of dmnages, judgments, verdIcts,
court costs or attorneys' fees in any such lawsuit or actIon.
PASSED, APPROVED AND ADOPTED by the Planning CommIssion of the City of Seal Beach
at a meeting thereof held on the 20th day of June 2007 by the followmg vote:
AYES: CommIssioners Deaton, Massa-Lavitt, and Roberts
NOES' CommiSSIOners None
ABSENT. Commissioners Bello
ABSTAIN: CommiSSIOners None
~OAJ.L.6;{'Af7'iJ
Ellery Deaton
Chairperson, Plannmg CommiSSIon
* * * *
10 of 10