HomeMy WebLinkAboutPC Res 03-38 - 2003-11-05
ORIGINAL
RESOLUTION NUMBER 03-38
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CUP NO. 03-6,
ALLOWING FOR THE CREATION OF A
FULLY ENCLOSED, UNCOVERED 588
SQUARE FOOT OUTDOOR DINING AREA AT
THE REAR OF THE EXISTING RESTAURANT
STRUCTURE (RUBY'S DINER), PROVISION
OF PUBLIC RESTROOMS AND REVISIONS
TO TRASH AREAS ON THE SEAL BEACH
PIER AT 900 OCEAN AVENUE, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On September 15, 2003, Ruby's Diner (the "Applicant")
filed an application with the Department of Development Services for Conditional Use
PermIt 03-6 for the creation of a fully enclosed, uncovered 691 square foot outdoor
dining area towards the rear of the existing restaurant structure (Ruby's Diner). The
outdoor dining area will be located at the southerly end of the Seal Beach Municipal Pier.
Section 2. Pursuant to 14 California Code of Regulations ~ 15305 and
~II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the
application for CUP 03-6 for the proposed outdoor dining is categorically exempt from
review pursuant to the California Environmental Quality Act pursuant to 14 California
Code of Regulations ~15301 (Existing Facilities), because the proposal involves a
negligible expansion of an existing use; pursuant to ~ 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 of 20% slope or a change in land use or
density.
Section 3. A duly noticed public hearing was held before the Planning
Commission on November 5, 2003, to consider the application for CUP 03-6. The
Planning Commission considered all evidence presented, both written and oral regarding
the subject application.
Section 4.
the following:
The record of the hearing of November 5, 2003 indicates
(a) On September 15,2003, Ruby's Diner submitted an application for
CUP 03-6 with the Department of Development Services.
(b) Specifically, the applicant is proposing to create a 691 square foot
outdoor dining area towards the rear of the existing restaurant; to remodel the City Bait &
Tackle shop to include new public restrooms, a new trash enclosure, and a new sink to
clean fish; and to perform general remodel activities which will generally make the
restaurant more ADA compliant.
(c) The subject restaurant occupies the 2,679 square foot City-owned
building, located at the end of the Municipal Pier, within the Public Land Use/Recreation
(PLU/R) zone, and is located at the westerly end of the Seal Beach Municipal Pier.
(d) The subject property is described as Orange County assessor's
parcel number 199-103-03.
Z \My Documents\RESO\CUP 03-6 (Ruby's Restaurant) PC Reso doc\LW\II-IO-03
(e) The subject property contains an existing restaurant that has been
in operation for approximately 16 years.
(f) The proposed restaurant is a full service restaurant that sells an
assortment of non-alcoholic beverages as well as beer and wine.
(g) The City has granted the following application for the property:
. Conditional Use Permit 87-7, which pennitted beer and
wine sales for on premises consumption at a restaurant land
use at the end of the Municipal Pier.
(h) The City has previously denied the following application for the
property:
. Conditional Use Pennit 93-15, an application for outdoor
dining at Ruby's Restaurant.
(i) The surrounding land uses and zoning are as follows:
NORTH, SOUTH Pacific Ocean III a Public Land
Use/Recreation
EAST AND WEST (PLU/R) Zone
Section 5. Based upon the facts contained in the record, including
those stated in ~4 of this resolution and pursuant to ~~28-1400, 28-2503 and 28-2504 of
the City's Code, the Planning Commission makes the following findings:
a. CUP 03-6 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a public land use designation for the
subject property and pennits restaurants subject to City Council approval. 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. Accordingly, the
proposed use is consIstent with the General Plan.
b. The WIldlife Conservation Board and the California Coastal
Conservancy have provided communications to the City indicating their concurrence with
the original proposal and the revised Staff Proposal of October 29,2003, respectively.
c. The building and property at 900 Ocean Avenue are adequate in
size, shape, topography and location to meet the needs of the proposed use of the
property.
d. Required adherence to applicable building and fire codes ensure
there will be adequate water supply and utilities for the proposed use.
e. The provision of outdoor dining at the restaurant, remodeling of
the City Bait & Tackle shop, relocation of the bench at the end of the pIer, and relocation
of the trash enclosure are compatible with the character of the surrounding neighborhood.
Adherence to condItions of approval placed on the use by the City of Seal Beach and the
Coastal Commission should mitigate any negative impacts to neighboring residents.
Section 6. Based upon the foregoing, the Planning Commission
hereby approves Conditional Use Pennit 03-6, subject to the following conditions:
1. Conditional Use Pennit 03-6 is approved for the remodel of and addition to the
existing restaurant at the end of the Seal Beach Municipal Pier (Ruby's Diner) to
include the following: the addition of approximately 588 square feet of outdoor
dining area at the southerly end of the municipal pier; the remodel of the existing
City Bait & Tackle shop to include 2 new public ADA compliant restrooms;
integration of the existing restrooms into the interior of the restaurant; a
redesigned trash enclosure with a roll up door as part of the City Bait & Tackle
shop remodel; a future trash area on the pier; and an enclosed trash area within the
8th Street Beach parking Lot. All constlUction shall be substantial conformance
to plans submitted as part ofthe application for CUP 03-6, as revised by the Staff
Revisions of October 29, 2003.
2. The applicant shall remain bound by all condItions of CUP 7-87.
3. The proposed exterior exit from the outdoor dining area shall be an emergency
exit only entrance and shall remain closed at all times, except during an
emergency.
4. The applicant shall maintain the new exterior restrooms in a clean and sanitary
manner at all times to the satisfactIon of the Orange County Health Department
and the Director of Public Works/City Engineer. Said restroom facilities shall be
fully operational prior to the issue of a Certificate of Occupancy for the outdoor
dining area.
5. The new public restrooms shall be equipped with stainless steel interiors, or other
material acceptable to the Director of Public Works/City Engineer, to prevent
graffiti and vandalism.
6. The east and north elevations of the new public restroom structure shall also have
a minimum of louvers or some other opening suitable to the Director of
Development Services for public safety noise monitoring.
7. The applicant shall relocate the existing domestic water meter located in the
electrical panel within the transfonner room, including the installation of a new
shutoff valve, to a location acceptable to the Director of Public Works/City
Engineer. The existing water service to the bait house shall be relocated to
coincide with the relocated meter.
8. The applicant shall assume responsibilIty for maintenance of all water services
seaward (south) of the relocated fresh water meter, since all water services
seaward of the relocated meter will service only the pier restaurant.
9. The applicant shall relocate approximately 30 feet of bench from the southerly
SIde of the pier to directly adjacent to the proposed outdoor seating area.
10. The relocated drinking fountain shall be equipped with a shutoff valve and shall
be upgraded to meet ADA standards in a manner acceptable to the City of Seal
Beach Department of Public Works.
11. The applicant shall comply with all restrictions placed upon the license issued by
the State of California Department of Alcoholic Beverage Control.
12. The applicant shall furnish the City a copy of his ABC license and a copy of any
conditions placed on the license by the Department of Alcoholic Beverage
Control.
13. Lighted signs advertising alcoholic beverages shall not be placed in the window
areas, nor shall any other signs advertising specific brands of alcoholic beverages
be permitted in the window areas. Interior displays of alcoholic beverages that
are clearly visible to the exterior shall constitute a violation of this condition.
14. The applicant will maintain these conditions of approval in a location within the
business's customer area that is acceptable to the Director of Development
Services and shall provide a notice that these conditions may be reviewed by a
member of public upon request.
15. This Conditional Use Pennit shall not become effective for any purpose unless an
Acceptance of Conditions form has been signed by the applicant in the presence
of the Director of Development Services, or notatized and returned to the
Planning Department; and until the ten (10) day appeal petiod has elapsed.
16. A modification ofthis Conditional Use Permit shall be obtained when:
. The establishment proposes to change its type ofliquor license.
e The establishment proposes to modify any of its current condItions of
approval.
. There is a substantial change m the mode or character of operations of the
establishment.
17. The Planning Commission reserves the tight to revoke or modify this Conditional
Use Pennit if any violation ofthe approved conditions occurs, any violation ofthe
Code of the City of Seal Beach, occurs, or for those reasons specified by Article
28, and in the manner specified in Article 25, of Chapter 28 of the Code of the
City of Seal Beach.
18. In the event staff detennines that security problems exist on the site, the
conditions ofthis permit may be amended, under the procedures of the Seal Beach
Municipal Code, to require the provision of additIOnal security measures.
19. The establishment shall have a public telephone listing.
20. It shall be the responsibility of the applicant/licensee to provide all employees that
sell or serve alcoholic beverages with the knowledge and skills that will enable
them to comply with their responsibilities under State law.
21. The knowledge and skills deemed necessary for responsible alcoholic beverage
service shall include, but not be limIted to the following topics and skills
development:
. State laws relating to alcoholic beverages, particularly ABC and penal
provisions concerning sales to minors and intoxicated persons, driving under
the influence, hours of legal operations and penalties for VIolations of these
laws
. The potential legal liabilities of owners and employees of businesses
dispensing alcoholic beverages to patrons who may subsequently injure, kill,
or hann themselves or mnocent victims as a result of the excessive
consumption of alcoholic beverages.
. Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
. Methods for dealing with intoxicated customers and recognizing underage
customers.
22. The State Department of Alcoholic Beverage Control as providing trammg
programs that comply with the above ctitetia has identified the following
organizations:
· Department of AlcoholIc Beverage Control L.E.A.D. Program
Telephone: (714) 558-6482
· Orange County A.D.E.P.T. Program, for referral to eIther the B.A.D.D. or
T.I.P.S. Program
Telephone: (714) 568-4187
23. The Planning Commission reserves the right to revoke or modify this Conditional
Use Pennit pursuant to Articles 25 and 28 of Chapter 28 of the Code of the City
of Seal Beach if hann or retail related problems are demonstrated to occur as a
result of criminal or antisocial behavior, including but not limited to the
congregation of minors, violence, public drunkenness, vandalism, solicitation
and/or litter.
24. All alcoholic beverages sold in conjunction with the on-premise licensed
establIshment must be consumed entirely on the premises prior to closing time,
and none shall be sold as take-out. Consumption of alcoholic beverages is
prohibited in any adjoining non-approved seating or public access areas. There
shall be posting of signs both inside and outside the licensed premises indicating
that law prohibits drinking outside the licensed premises.
25. Conditional Use Pennit #03-6 shall be automatically tenninated if the operation is
no longer maintained as a bona fide public eating place as defined by the
California Department of Alcoholic Beverage Control.
26. The establishment must serve a complete menu of food until thirty (30) minutes
pnor to closing time.
27. No video games or similar amusements shall be pennitted on the premises.
28. There shall be no live entertainment, amplified music, or dancing pennitted on the
premises at any time, unless specifically authorized by a special events pennit or
conditional use permit issued by the City and unless such uses are consIstent with
the license conditions imposed by the State of California Department of Alcoholic
Beverage Control.
29. The proposed facility 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 complaints be received regarding noises generated
by the facility, the Planning Commission reserves the right to schedule the subject
pennit for reconsideration and may require the applicant/operator to mitigate the
noise level to comply with the provisions of Chapter l3D.
30. The knowledge and skills deemed necessary for responsible alcoholic beverage
service as set forth in Condition No. 20, shall include for on-premise lIcensed
locations, but not be limited to the following additional topics and skills
development:
. Methods to appropriately pace customer drinking to reduce the risk that the
customer will not leave the premises in an intoxicated manner.
. Knowledge of mixology, including marketable alternatives to alcoholic
beverages.
31. Whenever the outdoor dining area is being utilized for the sale, service or
consumption of alcoholic beverages, a premise employee shall be in attendance
and maintain continuous supervision at all times to ensure the outdoor dining area
does not create a public nuisance contrary to public welfare and morals.
32. All alcoholic beverages served in the outdoor dining area must be served in glass
containers.
33. All outdoor dining areas shall be surrounded by a minimum 4-foot high enclosure.
Such enclosure shall be constructed of glass or plastic and shall be located on top
of a minimum 4-foot high solid construction wall (measured from the outside of
the outdoor dining area) to create a minimum 8-foot high barrier. Such enclosure
and wall shall be constructed in substantial conformance to the plans submitted as
part of the application for CUP 03-6. The outdoor dining area shall be designed
in a manner so that cleaning the floor or other types of activities do not allow for
discharge into the ocean and acceptable to the DIrector of Public Works/City
Engineer.
34. A grease trap/interceptor shall be provided for the restaurant in accordance with
the standards of the Orange County Health Department, Director of Public
Works/City Engineer, and/or Building Official. Since only the restaurant drains
into the sewer pump station at the end of the pier, the applicant shall be
responsible for any and all costs relating to cleaning the lines due to fats, oils, and
grease. Applicant also agrees to abide by any future regulation or rule of the
Department of Public Works that IS a result of the Waste Discharge Requirements
of the Santa Ana Regional Quality Water Board.
35. Litter and trash receptacles shall be located at convenient locations inside 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 dumping of trash and/or glass bottles outside the establishment between the
hours of 11 :00 p.m. and 7:00 a.m.
36. The proposed trash area, adjacent to the restrooms shall be designed to the
satisfaction of the Director of Public Works/City Engineer to provide maximum
ventilation to the outside to prevent odors. This shall include but not be limited to
side and ceiling vents and exhaust fans. Additionally, the applicant shall remove
trash daily but may need to remove more on a frequent enough basis so that odors
are lessened to the satisfaction of the Director of Public Works/City Engineer.
37. Under no CIrcumstance shall the applicant bring any type of wheeled/roll-off
dumpster on to the wooden pier since this is damaging to the wood pier deckmg.
All trash shall be loaded on to a smaller size vehicle for which a permit is required
from the Chief of Police to drive on the pier per ordinance and loaded into the
applicant's dumpsters within the 8th Street Parking Lot.
38. The future trash enclosure shall not allow discharge to the ocean and also
contemplate compartments and/or areas for recycling. An acceptable design and
subsequent pennit from the Director of Public Works/City Engineer shall be
required prior to any future work.
39. The project proponent shall provide a covered trash dumpster area in the 8th
Street Beach Parking Lot, that IS designed to comply with the provisions of the
Santa Ana Regional Water Quality Control Board NPDES Pennit and is designed
in a manner to be acceptable to the Director of Public Works/City Engineer. The
recommended location is adjacent to the existing fenced area that encloses the
sewer lIft station, where the dumpsters are currently located. The structure shall
be designed to not block the views from Eisenhower Park towards the Pacific
Ocean
40. Prior to the issuance of any grading or building permits or prior to recordation
upon subdivisIOn of land if detennined applicable by City Building Official, the
applicant shall submit to the City for review and approval a Water Quality
Management Plan that:
a. Addresses Site Design BMPs such as minimizing impervious areas,
maximIzing permeability, minimizing directly connected impervious
areas, creating reduced or "zero discharge" areas, and conserving natural
areas
b. Incorporates the applicable Routine Source Control BMPs as defined in
the DAMP
c. Incorporates Treatment Control BMPs as defined m the DAMP
d. Generally describes the long-term operation and maintenance
requirements for the Treatment Control BMPs,
e. Identifies the entity that will be responsible for long-term operation and
maintenance of the Treatment Control BMPS, and
f. Describes the mechanism for funding the long-tenn operation and
maintenance of the Treatment Control BMPs.
41. Prior to grading or building pennit close-out and/or the issuance of a certificate of
use or a certificate of occupancy, the applicant shall:
a. Demonstrate that all structural best management practices (BMPs)
described in the Project WQMP have been constructed and installed in
conformance with approved plans and specifications,
b. Demonstrate that applicant is prepared to implement all non-structural
BMPs described m the Project WQMP,
c. Demonstrate that an adequate number of copies of the approved Project
WQMP are available onsite,
d. Submit for review and approval by the City an Operations and
Maintenance (O&M) Plan for all structural BMPs.
42. Gradmg and Dramage Plans shall be prepared with the following design
objectives:
a. All surface runoff and subsurface drainage shall be directed to the nearest
acceptable drainage facility, via sump pumps if necessary, as determined
by the Building Official.
b. All roof drains shall be required to connect into a tight-line drainage pipe
or concrete swales that drain to the nearest acceptable drainage facility as
determined by the Building Official.
c. Landscaping plans shall utilize non-invasive, drought-tolerant landscape
materials.
43. Prior to the issuance of any building pennits, the applicant shall include in the
plans any urban runoff control measures deemed necessary by the Building
Official.
44. Prior to issuance of certificates of use and occupancy or building pennits for
individual tenant improvements or construction pennits for a tank or pipeline,
uses shall be identified and, for specified uses, the applicant shall propose plans
and measures for chemical management (including, but not limited to, storage,
emergency response, employee training, spill contingencies and disposal). The
chemical management measures shall be incorporated as an element of a Water
Quality Management Plan and shall be subject to the approval of the City
Building Official and other specified agencies such as the Fire Authority/Fire
Department, the Orange County Health Care Agency and sewering agenCIes to
ensure implementation of each agency's respective requirements. Certificates or
pennits may be ministerially withheld if features needed to properly manage
chemicals cannot be incorporated into a previously completed building, center or
complex.
45. Prior to the issuance of a grading or building permit, the City shall require the
permit applicant to include the following as general or special notes on the plan
sheets for new development or significant redevelopment projects:
a. Sediment from areas disturbed by construction shall be retained on site
using structural controls to the maximum extent practicable.
b. Stockpiles of soil shall be properly contained to minimize sediment
transport from the site to streets, drainage facIlities or adjacent properties
via runoff, vehicle tracking, or wind.
c. Appropriate BMPs for construction-related materials, wastes, spills or
residues shall be implemented to minimize transport from the site to
streets, drainage facilities, or adjoining property by wind or runoff.
d. Runoff from equipment and vehicle washing shall be contained at
construction sites unless treated to remove sediment and other pollutants.
e. All construction contractor and subcontractor personnel are to be made
aware of the required best management practices and good housekeeping
measures for the Project site and any associated construction staging areas.
f. At the end of each day of construction activity all construction debris and
waste materials shall be collected and properly disposed in trash or recycle
bins.
g. Construction sites shall be maintained in such a condition that an
anticipated storm does not carry wastes or pollutants off the site.
Discharges of material other than stonnwater are allowed only when
necessary for performance and completion of constructIOn practices and
where they do not: cause or contribute to a violation of any water quality
standard; cause or threaten to cause pollution, contamination or
nuisance; or contain a hazardous substance in a quantity reportable under
Federal Regulations 40 CFR Parts 117 and 302.
Potential pollutants include but are not limited to: solid or liquid chemical spills;
wastes from paints, stains, sealants, glues, lime, pesticides, herbicides, wood
preservatives and solvents, asbestos fibers, paint flakes or stucco fragments; fuels,
oils, lubricants, and hydraulic, radiator or battery fluids; concrete, detergent or
floatable wastes; wastes from any engme/equipment steam cleaning or chemical
degreasing; and superchlorinated potable water line flushings. During
construction, disposal of such materials should occur in a specified and controlled
temporary area on-site physically separated from potential stonnwater runoff,
with ultimate disposal in accordance with local, state and federal requirements.
46. Prior to the issuance of certificates of use and occupancy, the Project proponent
shall provide evidence to the Director of Development Services to assure
satisfactory completion of all requirements in the Project WQMP by requiring the
applicant to:
a. Demonstrate that all structural BMPs described in the Project WQMP
have been constructed and installed in conformance with approved plans
and specifications;
b. Prepare and submit for review and approval an O&M Plan for all
structural BMPs;
c. Demonstrate that a mechanism or agreement acceptable to the City has
been executed for the long-term funding and performance of BMP
operation, maintenance, repair, and/or replacement;
d. Demonstrate that the applicant is prepared to implement all non-structural
BMPs described in the Project WQMP;
e. Demonstrate that an adequate number of copies of the Project WQMP are
available onsite, and
f. For industrial facilities subject to California's General Permit for
Stonnwater Discharges Associated with Industrial Activity as defined by
Standard Industrial Classification (SIC) code, demonstrate that coverage
has been obtained by providing a copy of the Notice of Intent (NOI)
submitted to the State Water Resources Control Board and a copy of the
notification of the issuance of a Waste Discharge Identification (WDID)
Number.
47. The O&M Plan for structural BMPs that is prepared by the applicant for private
sector projects shall describe and/or include:
a. Structural BMPs.
b. Employee responsibihties and training for BMP operation and
maintenance.
c. Operating schedule.
d. Maintenance frequency and schedule.
e. Specific maintenance activities.
f. Required permits from resource agencies, If any.
g. Fonns to be used in documenting maintenance activities.
h. Notification to Orange County Vector Control District of the structural
BMPs in place.
1. Recordkeeping requirements (at least 5 years).
48. If a property owner or a private entity, such as a homeowners association (HOA),
retains or assumes responsibility for operation and maintenance of structural
BMPs, the City shall require access for inspection through an agreement. If the
City will be responsible for operating and maintaining structural BMPs on private
property, an easement will be established to allow for entry and proper
management of the BMPs. Such access easements shall be binding throughout
the life of the Project, or until the BMPs requiring access are acceptably replaced
with a BMP not requiring access. Funding for the long-term operation and
maintenance of structural BMPs will be front-funded, or otherwise guaranteed via
mechanisms such as approved assessment districts, or other funding mechanisms.
49. The following steps describe the process that is to be followed by a private
construction project:
a. The project owner, developer or contractor is responsible for preparing the
Notice of Intent (NOI), which must be signed by the owner or person
delegated authority and submitted to the State Water Resources Control
Board (SWRCB). Before issuing a grading or building permit, the city will
require proof of General Pennit coverage (See conditions of approval
Section A-7.5.3).
b. Once the project owner, developer or contractor receives a grading or
building pennit (if applicable), the SWPPP must be prepared by the
owner, developer or contractor, and signed by the responsible party and
must be implemented year-round throughout the duration of the project's
construction. County or Distnct staff is not responsible for reviewing,
approving or enforcmg the SWPPP; these are responsibilities of the
Regional Board. Inspector(s) may choose to use the SWPPP as a tool for
on-site inspections.
c. The city will inspect and enforce local permit(s) and ordinances, and will
notify the Regional Board of non-compliance when the non-compliance
meets the criteria of posing a threat to human or environmental health as
discussed in DAMP Section 8.4.6.
d. Once project construction is completed and the site fully complies with the
final stabilization requirements of the General Permit, the
owner/developer will submit a Notice of Termmation (NOT) to the
SWRCB.
50. The tenn of this pennit shall be twelve (12) months. At the end of the initial
tenn, the applicant may apply to the City for an extension of Conditional Use
Permit 03-6. The Planning Commission may grant an indefinite extension
provided that all Conditions of Approval have been met and no significant police
or other problems have occurred. The applicant is hereby advised that a new
apphcation and accompanying fee must be submitted to the City prior to
consideration of an indefinite permit.
51. Prior to the final inspection and issuance of an occupancy pennit, the applicant
shall submit one (1) duplicate mylar of all public or private improvement plans,
two (2) copies (one original and one duplicate) of 35mm microfilm of the public
or private improvement plans, final structural calculations, and computer analysis,
if any, for all buildings, and the record drawings of grading, landscape and
improvement plans to, and in a manner acceptable to, the Director of
Development Services. The microfilm shall be in 4" x 6" jackets with 6 frames
per jacket. The computer analysis may be submitted on standard IBM compatible
floppy disks.
52. Prior to the final inspection and issuance of an occupancy permit, the applicant
shall submit one (1) set of computerized data, which is compatible with the City
ARCVIEW system or Autocad system, of the record drawings of grading,
landscape and improvement plans to, and in a manner acceptable to, the Director
of Development Services. Refer to "Specifications for Digital Submission" as
maintained by the Surveyor's Office of the County of Orange for specific
requirements of individual submittal.
53. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever OCCUlTing or resulting to any and all persons, firms, or
corporations fumishmg or supplying work, services, materials, or supplies in
connection with the perfonnance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights pennitted by this Conditional Use
Pennit, and from any and all claims and losses occurring or resulting to any
person, firm, corporation or property for damage, injury or death arising out of or
connected with the perfonnance of the 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 witness fees, and any award of damages,
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 _5th_day of
November , 2003, by the following vote:
AYES: Commissioners
Deaton, Eagar, Ladner, Shanks, and Sharp
NOES: Commissioners
None
ABSENT: Commissioners
None
ABSTAIN: Commissioners None
~~ay
/- ~mes Sharp Y
(;e::hainnan of the Planning Commission