HomeMy WebLinkAboutPC Res 06-05 - 2006-02-08
RESOLUTION NUMBER 06 - 5
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING A RETAIL WINE STORE
THAT OFFERS PERSONALIZED TASTES
AND PRlV A TE LABELED WINES SOLD BY
THE BOTTLE OR CASE AND
PERSONALIZED BLENDING AND LABELING
OF WINES ON SITE ACCORDING TO
CUSTOMER PREFERENCES AT 302 MAIN
STREET (CONDITIONAL USE PERMIT NO,
06-2)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
SectIOn 1. On December I, 2005, Lynne Slcmsen and Wayne Ferris
(the "Applicants'") filed an application with thc Department of Development Scrviccs for
ConditIOnal Use PermIt 06-2 requesting approvals of the following requests:
o To establish a retaIl wine store that will offer personalizcd tasting and private
labelIng of customcr blended wines,
o To establish general operatmg hours of Noon to 7 PM Tuesday through
Thursday, 11 AM to 7 PM on Friday and Saturday, and 1 PM to 5 PM on
Sunday, AND
o To establish hours for pnvate wine tasting for a maxImum of 15 persons of 7
PM to 9 PM, no more than 3 times per week.
ScctlOn 2, Pursuant to 14 Cahf, Code of Regs, * 15301 aJId ~ II B of
thc CIty'S Local CEQA Guidehnes, staff has determined as follows: The application for
CUP 06-2 for the requested land use entitlements for a retail wine store that will offer
personalized lasting and pnvate labeling of customcr blended wines is catcgorically
exempt from review purSUaJIt to the California EnVIronmental Quality Act pursuant to 14
Calif, Code of Regs. * 15305 (Minor AlteratIOns in Land Use LimitatIOns), because the
proposal involves a minor alteration In land use limItation and does not involve eIther a
propcrty in excess of20% slope or a change in land use or density,
Section 3, A duly notIccd public hearing was hcld before the Planning
Commission on January 18, 2006, to consider the application for CUP 06-2. At the
public hearing the applicant was in attendance, with persons appearing both in favor of
and in opposition to the rcqucst.
Z IMy Documcnt,IRE~OICUP 06-2 PC Re,o docILW\01-20-06
Plall/llng Comm'sslOn ResolutIOn 06-5
Cond'tlOnal Vse PeT/lilt 06-2 -302 fWam Street
F ebrllary 8, 2006
Section 4.
The record ofthe hearmg of January 18, 2006 indIcates the
following:
(a) On December 1, 2005, Lynnc Sicmscn and Wayne Ferris (the
"Applicants'") filed an applIcation WIth the Dcpartmcnt of Development Services for
Conditional Use Permit 06-2.
(b) Specifically, the applicant is rcquesting approvals of the following
requests:
o To establish a retail winc storc that will offer personalized tasting
and private labcling of customcr blended wines;
o To establish general operatmg hours of Noon to 7 PM Tucsday
through Thursday, 11 AM to 7 PM on Friday and Saturday, and 1 PM to 5 PM on
SundaY;aJId
o To establIsh hours for private wine tasting for a maximum of 15
persons of 7 PM to 9 PM, no more than 3 times per week.
(c) The subjcct property is described as Orange County assessor's
parcel # 043-113-14,
(d) The proposed wine store arca is 1,865 square feet in size and is
proposed to accommodate approximatcly 14 seats at tables and an additional 5 scats at a
proposed wine tasting bar area to be located along the northern intcrior wall of the wine
store, The main retail and tasting area comprises thc front 40 feet of the building space.
The restroom, fermenting, storage, and cleanup areas are proposed to be locatcd in the
rear 28 feet of thc subject building space and occupy approximately 800 square feet,
leaving approximately 1,065 square feet of sale, display and tasting location area (57% of
the building area).
(e) Thc subject property is a trapezoidal shapcd property having 110
fcct of frontage on Main 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 subjcct tenant space has 29 feet of frontage along Main Street. The property lS
developcd with cxistmg single-story retail buildings that contains a total of approxlmatcly
6,500 square fect of lcasable space, including the proposcd 1,865 square foot wine storc,
a recently opened 1,500 square foot mattress sales storc, the existing 1,500 square foot
Abbcy Rcstaurant, and the e"isting 1 ,500 squarc foot Furnace store, a clothIng/sporting
goods storc.
(f) The subject property has receivcd the following approvals from the
City:
o CUP 05-14 was approved by thc PlaJming Commission on
December 7, 2005 for a rcstaurant at thiS same location without the ability to offcr
alcohol WIth food servicc, and that applicant has dctcrmined to not proceed with thc
project as approved by thc PlaJming Commission.
CUI' 06-2 I'C Rc'lO
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Plallnlllg Comm'sslOn ResolutlOll 06-5
COlld1l1onal V.e Permll 06-2 -302 Main Street
February 8. 2006
o CUP 73-10, CUP 75-2, CUP 78-17, and CUP 80-4 were all
approved by the PlannIng Commission for on salc bccr and wine licenses in conjunction
WIth the opcration of the Mandarin Garden Restaurant, now The Abbey, at 306 Mam
Street, by the adoption of Planning Commission ResolutIOns 791, 897. 1169, and 1204
respectively, This business IS located on the same propcrty as thc proposed restaurant.
o Minor Plan Reviews 67-16,73-9,73-13, and 76-21 were all
approved by the PlaJUling Commission for various sign requests for the subjcct propcrty
affecting all of the VarIOUS business opcrators, by the adoption of Planning 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 thc subject property and easterly of the Main
Street alley, approximately 100 fcct from the subject premises,
(h) The surrounding land uscs and zoning are as follows:
o NORTH, SOUTH, EAST and WEST - RctaIl businesses in
the Main Street Specific Plan (MSSP) zone
o NORTHEAST - Residential uses in the Residential High
Dcnsity (RHD) Zone.
(i) Scrgcant Tim Olsen with the Seal Beach Police Dcpartmcnt has
reviewed the application and has no reservations or concerns regarding the subJect
requests,
U) As of January 20, 2006 the Planning Department has not receIved
any comments to the public hearing notices published and mailed regarding this
application.
(k) At the public hearing thc applicant spoke in favor of the request
and the city received one writtcn letter in opposition in oppositIon to thc request for tlIe
alcohol lIcense.
SectIOn 5, Based upon the facts contamed m thc record, including
those stated in ~4 of this resolution and pursuant to ~~ 18-1250,28-2503 and 28-2504 of
the Clty'S Codc, the Planning Commission makes the followmg findings:
(a) Conditional Use PermIt 06-2, as proposed to bc conditioned
rcgardIng 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-premisc salc
of wine, subjcct to the issuance of a conditional use permit. The use IS also consistent
with the remaining elements ofthe 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 Gencral Plan based on the following'
(1) The proposed project would be a positive addItion to thc
commercial character of Main Street, providmg services to be residents of the community
CUP 06-2 PC Re,o
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Plallmng CommISSIOn ResolutIOn 06-5
Condlllonal V,e PermIt 06-2 -302 Mam 8t, eet
February 8, 2006
and visitors to the City, while providing an addItional retail salcs option on Main Strcct
that does not now exist
(2) The proposed retaIl wine salcs store is m conformance with
scveral urban dcsign factors that are identified within 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
include,
o
Provision of transparent storefronts with views mto shops, officcs, and
restaurants;
Eclectic architecIDre without national trademark buildings; and
Building facades limited to 35-50 feet in width,
(3) The proposed retail WIne sales store rcinforces the above
identified urban design factors speclficd in the Main Street Specific Plan and further
complies with thc provisions of Section 28-1253.A.l, 28-1253 A 4, and Section 28-
1253,A.6., which discusses transparency of storc fronts, fa~ade setbacks, including
outdoor restaurant seatIng areas, and fa~ade width and appearance of intercollllccting
bUIldings.
(4) The proposed retaIl WIne sales storc area of 1,865 square
feet will require the provIsion of 2 additional off-street parking spaces, or the paYJnent of
an additIOnal in-lieu parking fee of $3,500.00 per space in accordancc with the provisions
of Section 28-1256 of the Mam Strect Spccific Plan Zone standards. The total 'In-lIcu"
fee that WIll be rcquired to be paid for the new retail WIne sales store use is $7,000.00.
(5) The proposcd usc of the subject premises as a retaIl wine
sales store IS compatiblc with the surrounding neIghborhood given the existing
concentration of off-premise alcohol lIcenses within the "Old Town" area of the CIty, as
set forth in the PlannIng CommIssion StatTReport,
o
o
(b) The proposed use, as proposed to be conditioned rcgarding
business operations by thc City and by the State Departmcnt of Alcoholic Beverage
Control, is consistcnt with the intent and purposc and vision established for the MaIn
Strcet Spccific Plan based on the following:
(I) Thc provision of a retaIl WIne salcs store is in conformance
with several urban design factors that are identified within the adoptcd Main Street
Specific Plan and the resulting Main Street Specific Plan Zonc, as set forth in Sections
28-1250 through 28-1257 of the Seal Beach Municipal Code, The applicable urban
design factors mcludc,
o ProvisIOn of transparent storefronts with views into shops, officcs, and
rcstaurants;
o EclcctIc architecture without natIOnal trademark buildings; and
o Building facades limited to 35-50 feet in width.
(2) The proposed retaIl wine salcs store reinforces these
identified urban deSIgn factors specified in the Main Street SpeCIfic Plan and furthcr
complies with the provisions of SectIon 28-l253.A.l, 28-l253.A.4, and Section 28-
1253,A.6., which discusses transparency of store fronts; fa~adc setbacks; and fa~ade
width and appearance of intcrconnecting buildings
CUP 06-2 PC ReoD
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Planmng Comm'sslOn ResolutlOll 06-5
Cond1f1onal V.e PeT/lilt 06-2 -302 Mom Street
February 8, 2006
(3) The proposed 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. Issuance of a Typc 02, WIncgrower
lIcense by the Department of Alcoholic Beverage Control would bc compatiblc with the
goals and policies of the Mam Street Specific Plan, bascd on the alcohol and drug related
incident and arrest information entered into the record of the public hearing, and the
limitations of the business operation imposed under the terms of the applicablc opcratmg
lIcense from the Department of Alcoholic Bcvcrage Control.
(4) The record of alcohol and drug related incidents and arrests
presented by the Police Department, and mcluded WIthin the PlannIng CommissIOn Staff
Report, regardIng the Main Strect Spccific Plan Area indicate a minor correlation with
off-premise alcohol sales and these types of incidents and arrests, and further indicate that
ofT-premise alcohol sales establishments generate sIgnIficantly less incidents that
establishments with an on-premise alcohol sales license.
(5) The proposed use of thc subject premises as a retail wine
sales store is compatiblc with thc surrounding neighborhood given the eXIstIng record of
incidcnts at off-premise alcohol sale licensed locatIOns within the "Old Town" area of the
City, as set forth in the PlaJmIng CommissIOn Staff Report.
(c) The bUIlding and property at 302 Main St. are adequate In size,
shapc, topography and location to meet the needs of the proposed use of the property, as
proposed to be conditioned based on the following'
(1) The proposed retail wine sales store location is blockcd by
the mass of the existing I-story and 2-story commercial bUildings locatcd adjacent to the
subjcct property and therefore noise Impacts to the residential neighborhood to the east
would not be expected to be adverse from the busincss functions,
(2) The proposed retail wine sales storc arca is 1,865 square
feet in size and is proposed to accommodate approximately 14 seats at tables aJId an
addItIonal 5 seats at a proposed wine tasting bar area to be locatcd along the northern
interior wall of the wine store, The main retail and tasting area comprises the front 40
feet of the building space Thc rcstroom, fermenting, storage, and cleanup areas are
proposed to be located in the rear 28 feet of the subjcct building space and occupy
approximately 800 squarc fcct, leaving approximately 1,065 squarc fcct of sale, display
and tasting location area (57% of the building area)
(3) The subject property is a trapczoidal shaped property
haVIng 110 feet of frontage on Main Street and 78 feet of frontage along the City-owned
parkIng lot that is locatcd to the south of the subject property, containing approximately
8,362 square fcct. The subject tenant space has 29 feet of frontage along Main Street
The propcrty IS developed with existing single-story rctall buildings that contains a total
of approximately 6,500 square feet of lcasable space, includIng the proposed 1,865
square foot restaunmt, a rcccntly opened 1,500 square foot mattress sales store, the
existing 1,500 square foot Abbey RestaUraIlt, and thc cxisting 1,500 square foot Furnace
store, a clothing/sporting goods storc
CUP 06-2 PC Rcsa
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Plalllllng Comm,."on Resolullon 06-5
CondlllOnal V.e Pe,mlt 06-2 -302 Mam Street
F ebrllary 8, 2006
(d) Required adherence to apphcable building and firc codes ensures
there will be adequate water supply and utilities for the proposed use based on the
folloWIng:
(1) The proposed proJcct will be rcquired to comply with all
standard buildmg, fire, and hcalth code provisions for the proposed uses of the subjcct
property.
(2) The proJcct proponent will be required to pay the reqUIred
In-lieu parking fee of $7,000 00 in accordance with the provisions of Section 28-1256
prior to issuance of the building permit for the tenant improvemcnts for said restaurant
use,
(e) The proposed use docs not conflict with the Specific Plan's goal to
establish and maIntain a balanccd mix of uses that serve the needs of both local and non-
local populations based on the following:
(1) The proposcd retail wine sales store Will serve both
resIdents and visitors of Scal Beach.
(2) The proposed rctail 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 bc advcrse from the business functIons.
(3) The proposed retail wine sales store is located within a
Census Tract, 995.12, that has been identIfied by the State Department of Alcohohc
Bevcrage Control as being over-concentratcd
(4) The rccord of alcohol and drug related incidcnts and arrests
presented by thc Police Department, and includcd within the Planning Commission Staff
Report, regarding the MaIn Street Spccific Plan Area indIcate a minor correlation with
off-premIse alcohol salcs and these typcs of incIdents and arrests, and further indicate that
off-premise alcohol sales establishmcnts generate signIficantly less incidents that
establishments WIth an on-prcmise alcohol sales license.
(5) The proposed usc of the subject premises as a rctail wine
sales store is compatible with the surrounding neighborhood given thc cxisting record of
incidents at off-premise alcohol sale licensed locations within the "Old Town" area of the
City, as set forth in the Planning CommissIOn Staff Report
(f) The use wIll contribute to the uniquc character of Main Strect and
the qualities that provide Main Street a sense of identity based on the following
(1) The proposed retaIl WIne sales store will comply with
several urban dcsign factors that are identIficd within the adopted Main Street Specific
Plan and the rcsulting Main Street Specific Plan Zone, as set forth In ScctIons 28-1250
through 28-1257 of the Seal Beach Municipal Code. The applicable urban design factors
include:
o
Provision of transparent storefronts WIth views into shops,
offices, and rcstaurants;
Eclectic architecture WIthout national trademark buildings;
and
Building facades limIted to 35-50 feet in width.
o
o
CUP 06-2 PC Re,o
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Planning ComnmMon Re.olullOn 06-5
Condlllonal Vse PermIt 06-2 -302 Malll Street
February 8, 2006
(2) The proposed rctail wine sales store reinforces thesc
identified urban design factors specified in thc Main Street Specific Plan and further
complies willi the provisions of Scction 28-l253,A.I, 28-1253.A.4, and SectIon 28-
l253.A.6., which discusscs transparency of store fronts, fa9adc setbacks; fa9ade width;
and appcarance of interconnecting buildings
(3) Thc rccord of alcohol and drug related incidents and arrests
presented by the Police Departmcnt, and included withm the Planning Commission Staff
Report, regardmg the Main Street Spccific Plan Area IndIcate a minor corrclation with
off-premise alcohol sales and these types or incidents and arrests, and further indicate that
off-premisc alcohol sales establishments generatc significantly less incidents that
establishments with an on-premIse alcohol sales license,
(4) Thc proposed use of the subject prcmises as a retail wine
sales store is compatiblc with the surroundIng neighborhood given the existing record of
incidents at off-premise alcohol sale hccnsed locations within the "Old Town" area of the
City, as set forth In thc PlaJming Commission Staff Report
(g) The proposed use complies with all applicable City Council
Policies, such as thc policies the Council has adopted conccrning alcohol uses based on
the following:
(1) The proposcd project is to be 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 Planning CommiSSIOn
hcrcby approves Conditional Use Permit 06-2, subject to the follOWIng conditions:
1, Conditional Use Permit 06-2 IS approvcd for a Type 02 License, Wincgrower, or
other license designatIon as approved by the State of California Deparl1nent of
Alcoholic Beverage Control. Said license shall not allow for a Type 41, 42,47, or
48 License from the State of CalIfornIa Deparl1nent of Alcoholic Beverage
Control on said premises.
2. All tenant improvements shall be in substantial conformance with plans submitted
as part of the application for Conditional Use Pcrmit 06-2,
3. The applicant shall comply with all restnctions placed on the license issued by the
State of Cali fomi a's Department of Alcoholic Beverage Control (ABC)
4. All alcohohc beverages sold or consumed on the premlSCS shall be in accordancc
with the license terms of thc Alcohol Sales License issued by the State of
California Department of Alcoholic Beverage Sales. ConsumptIon of alcoholic
beverages is prohibited outSide the establishment's encloscd building space.
Therc shall be posting of signs both inside and outside the licensed premiscs
indicating that law prohibits drinking outSIde thc licensed premises.
CUP 06-2 PC Re,o
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Planmng ComnllsslOn ResolutIOn 06-5
Condlllonal V.e Pernllt 06-2 -302 Mam Street
F ebnlOry 8, 2006
5, It shall be the responsibility of the applicant/licensee to provide all employees that
sell or serve alcoholic beveragcs with the knowledge and skill enablIng them to
comply with their rcsponsibilIties under State of California law
6. The knowledge and skills deemed neccssary for responsible alcoholic beverage
service shall include, but not be limitcd to the following topics and skills
development:
o State law relating to alcoholic beverages, partICularly ABC and penal
provisions concerning sales to minors and intoxicated persons, driving under
the mfluence, hours of lcgal operation and penalties for violation of thesc
laws.
o The potential legal liabilities of owncrs and employees of busmesses
dispensing alcoholic beverages to patrons who may subsequently inJure, kill,
harm themselves or illllocent victims as a result of the excessivc consumption
of alcoholic bevcrages.
o Alcohol as a drug and its effects on the body and behavior, mcludmg the
operatIon of motor vehicles,
o Methods of dealing WIth intoxicatcd customers and recognizing under age
customers,
7, The following orgamzations provide training programs, which comply with thc
above cnteria
o Providcr: Department of Alcoholic Beverage Control
Program: Licensee Education on Alcohol & Drugs (LEAD)
Telephone:(7l4) 558-4101
Date I st' Monday of 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 Countv Health Care Agencv
Alcohol & Drug Education Prevention Team (ADEPT)
Program: Servmg Alcohol Responsibly (BARCODE)
Telephone (714) 834-2860 * Karen Keay
Date They will schedule appomtmcnts
Cost' $12,95 per person
8, The hours of opcration shall be:
o Noon to 7 PM Tuesday through Thursday;
o 11 AM to 7 PM on Fnday and Saturday, and
o I PM to 5 PM on Sunday.
o Hours for private WIne tasting, for a maximum of 20 persons, shall be 7
PM to 10 PM, no morc than 3 times per week.
9. No video games or similar aJnusements shall be pcrmitted on the premises unlcss
a separate conditional usc permit is approved for that use.
CUP 06-2 PC ReM>
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Planmng Comm',^101l Re.lolutlOn 06-5
Cond,tlOnal V.e Pernllt 06-2 -302 Main Street
Febnlory 8, 2006
10. Litter and trash receptacles shall be located at convenient locations inside and
outsldc thc cstablishment. 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 estabhshmcnt between the
hours of 1000 p.m and 7:00 a,m.
11. In the event staff determInes sccurity problems exist on the site, the Conditions of
thIs permit may bc amended, under the procedures of Thc Code of the Citv of
Scal Beach, to require the provisions of additional security measures,
12, The project proponent shall pay thc rcquircd in-lieu parking fee of $ 7,000,00 in
accordance WIth the provisions of Section 28-1256 prior to Issuancc of the
construction permits for the approved tenant improvcmcnts
13. The establishmcnt shall comply with Chapter 13D, "Noise Control", of The Code
of the Citv of Seal Beach as the rcgulations of that Chapter now eXIst or may
hcrcafter be amended. Should complaints be received rcgarding noise generated
by the establishment, the PlannIng Commission rcserves the right to schedule the
subject CUP for reconsidcration and may require the applIcant/operator to
mItIgate the noise level to comply with the provisIOns of Chapter 13D
14, This CUP shall not become effective for any purpose unless/untIl a City
"Acceptance of CondItIOns" form has been signed by the applicant in thc prcsence
of thc Director of Development Services, or notarized and returned to the
Planning Department; and until the ten (10) calendar-day appeal pcriod has
clapscd,
I S. A modification of tiIis CUP shall be apphed for when:
a. The establishmcnt proposes to change its type ofliquor liccnsc,
b. The establishment proposes to modify any of its current Conditions of
Approval.
c, Thcrc is a substantial change in the modc or character of operations of thc
establishment.
16. The Planning Commission reservcs the right to revoke or modIfy this CUP
pursuant to Articles 25 and 28 of Thc Code of the Citv of Scal Beach If harm or
retail-related problems are dcmonstrated to occur as a rcsult of criminal or anti-
social behavior, IncludIng but not limited to the congregatIon of minors, violencc,
public drunkclllless, vandalism, solicitation and/or litter,
17. This CUP shall become null and void unless exercised within one (I) year of the
date of final approval, or such extension of timc as may be granted by thc
Planning Commission pursuant to a written requcst for extensIOn submitted to thc
Department of Development Services a minimum of ninety (90) days prior to
such expiration date.
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Planmng CommiSSIOn ReMJlutlOn 06-5
CondlllOnal Use Pernllf 06-2 -302 Main Street
February 8, 2006
The term of this permit shall be 12 months. At the end of the initial term, the
applicant may apply for an indefinitc cxtcnsion of CUP 06-2. The commission
may grant an indefinite cxtcnsion provided that all thc conditions of approval
have been met and no significant police or other problems have occurred. Thc
applicant is hcreby advised that a new application and accompanYIng fee must be
paid to the city prior to consideration of an indefinite extensIOn.
The applicant will promInently display these Conditions of Approval in a location
within the businesses" customer area that is acceptable to the Director of
Development Serviccs.
The applicant shall indcmnify, defend aJId hold harmless City, its officers, agents
and cmployees (collectively "i:hc City'" hereinafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons. firms, or
corporations furnishing or supplying work, services, materials, or supplies in
cOllllection with the performance of the use permitted hcreby or the exerCise of
the rights granted hereIn, and any and all claims, lawsuits or actions arismg from
the granting of or the cxercise of the nghts permittcd by this CondItional Use
PermIt, and from any and all claims and losses occurring or resultIng to any
person, firm, corporatIOn or property for damage, mjury or death arising out of or
cOllllected with the performance of thc use permitted hereby. Applicant's
obligation to indemnifY, defend and hold harmless the CIty as stated herein shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choice in representing the City in connection with any such claims,
losses, lawsuits or actions, expert \VltIless fccs, and any award of danlagcs,
judgments, vcrdicts, 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 8th day of Februarv,
2006, by the follOWIng vote:
AYES: CommisslOncrs
Deaton, Ladner, O'Malley, Roberts and Shanks
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
CUP 06-2 PC Rc'lO
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CUP 06-2 PC Resa
Planmllg Comlllll 1/011 ResolutlOll 06-5
Cond,tlOnal Vse Permit 06-2 -302 Mam Street
February 8, 2006
~ A}~~
Gordon Shanks
Chairman of the PlannIng Commission
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