PC 04/19/78 - Laserfiche WebLink

The Public Hearing was closed. The other two Commissioners felt there was a need for a diesel fuel pump in the City. Commissioner Doherty recognized all the concerns stated, but did not feel it would become a truck stop. Resolution 1636 was entered and adopted making the necessary finding for granting a conditional use permit and approved UP-78-6, subject to the con- ditions in the April 19, 1978, staff report. Roll Call Vote Resolution: Shepherd Seconded: Doherty Ayes: Doherty, Shepherd Noes: Jamieson Absent: None Abstain: None Commissioner Doherty announced the right of appeal to City Council within 15 days. Councilmember Brandes announced that he intends to personally appeal this decision to City Council, and wished to make the applicant aware of his intention. MATTERS FOR COMMISSION'S REVIEW UP-77-7, Skateworld Request of Mark Lawrence to review the condition in Planning Commission Resolution 1527, governing the amount of liability insurance the skateboard park will be required to carry. City Attorney Harvey Levine presented his memorandum dated April 18, 1978, regarding his interpretation of the condition in question. He explained that in order to change a condition of approval under a conditional use permit, the applicant must make formal application and the matter must be advertised for review at a public hearing, providing the change is deemed a major revision. If the matter is deemed a minor revision, Secretary Harris, as the City's Zoning Administrator, or the Planning Commission, can grant the minor modification without a hearing. It was Mr. Levine's position that a change in that liability limit would constitute a change in the nature of one of the findings made by the Planning Commission at the time they granted the conditional use permit. He then explained what is stipulated in the hold harmless agreement with the City. Mr. Lawrence was present and expressed disagreement with the City's policy on the requirement. He explained all the problems and setbacks he has encountered in attempting to develop this skateboard park. Now, he finds he cannot comply with the provision for the insurance limits the City wants. He can comply with $500,000, and will be happy to have $1,000,000 liability insurance when he can get it. The $500,000 liability limit has a $50,000 insurance premium. He stated that no other City in California has required such liability insurance, or "hold harmless" clause. He indicated that skateboard parks provide $2,000 individual medical insurance, which includes $10,000 rider, with $100 deductible, for accidental dismemberment. They also provide complete safety gear for each skater. By requesting "hold harmless" clause, he felt that the City is implying their liability. He thought they may not wish to do this. -2-