HomeMy WebLinkAboutCC Ord 1379 1993-12-13
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ORDINANCE NUMBER..&.t!l
AN ORDINANCE OF THE CITY OF SEAL BEACH
APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SEAL BEACH AND
BRIAN KYLE AND JIM KLISANIN FOR THE 212
MAIN STREET PROJECT (VARIANCE 93-1)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. The City and Brian Kyle/Jim Klisanin desire to enter into a development
agreement pursuant to Government Code Sections 65864 through 65869.5, and Article 27.5 of
Chapter 28 of the Code of the City of Seal Beach, California with respect to that certain real
property commonly known as 212 Main Street, and more particularly described in the proposed
development agreement, attached hereto as Exhibit A.
Section 2. The City Council held a properly noticed public hearing regarding the proposed
development agreement on November 8, 1993, and continued said public hearing to November
22, 1993.
Section 3. The City Council hereby finds that the proposed development agreement is
consistent with the General Plan of the City of Seal Beach, and that no Specific Plan is
applicable to the subject property.
Section 4. The City Council hereby further finds and determines that the execution of this
Agreement is in the best interest of the public health, safety and general welfare of City and its
residents and that adopting this Agreement constitutes a proper exercise of its police power.
Section 5. The City Council hereby approves and incorporates by reference herein Resolution
93-49 of the Planning Commission of the City of Seal Beach, dated October 20, 1993, on file
in the Department of Development Services.
Section 6. Based upon the foregoing, the City Council hereby approves the proposed
development agreement, incorporated by reference herein and attached hereto as Exhibit. A. and
authorizes the Mayor to execute said development agreement on behalf of the City.
Section 7. The time within which to challenge the subject development agreement is
governed by Government Code Section 65009.
PASSED, APPROVED AND!l!OPTED by the ~oun~City of Seal Beach
at a meeting held on the 7 - day of I~. , 1993, by the
following vote: .
Ordinance Number
AYES:
Councilmembers
NOES:
Councilmembers
ABSENT:
Councilmembers
_ ~u. /~~r/'
Mayor
City of Seal Beach
II
ATTEST
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. y'Clerk
iy of Seal Beach
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CERTIFICATION \\\\\__.-0$"
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach, Cali~7t?' hereby certify that the I
foregoing ordinance is an original copy of Ordinance Number ~ on fi . the 0 fi of
the City Clerk, introduced at a meeting held on the ~L day of ,
1993, and passed, approved and aql!R~ by the City. s;puncil 9~the City of eat Beach at a
meeting thereof held on the L~ - day O~'h"'~--c/,' 1993, by the following
. ,
vote:
AYES:
Councilmember
NOES:
Councilmembers
ABSENT: Councilmembers
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and do hereby certify that Ordin~ N~7qhas been published pursuant to the Seal Beach
City Charter and Resolution No. 2836. -r
:l;w1JhL~
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Joanne M. Yeo
ait). Clerk
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Ordinance Number ~~}?
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
CITY OF SEAL BEACH
DEVELOPMENT SERVICES DEPARTMENT
211 EIGHTH STREET
SEAL BEACH, CA 90740
ne aDdeniped declare .....lbll...nmeal .. ncerded III the nquelt ad tor die beatJIt 01 tile CITY OF SEAL BEACH, aDd II tberel'Dre esellllpl.
hili pa)'lllcat of ftlCDrdIac ,.. ,,"aIII" Goftl'lllllCld Code I6JID ud lite ..,...a ., deallIICIdaI7lru11'eI' Iu pumut 18 Revaue II: T....ao.
Code 119222.
(Space Above for Recorder's Use)
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (" Agreement") is entered into between Brian Kyle
and Jim Klisanin, ("Owner") and the CITY OF SEAL BEACH, a municipal corporation
organized and existing under the laws of the State of California ("City"). Owner and City are
sometimes collectively referred to herein as the "parties. "
THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Mutual Benefits. This Agreement is entered into for the purpose of carrying
out the Development Plan in a manner that wiII insure certain anticipated benefits to both City
and Owner. The benefits to City under this Agreement include: (a) the provision of additional
retail and office uses; (b) the payment of in lieu fees for the construction of public facilities and
services; (c) an increase in property tax revenues, sales tax revenues, and other revenues to be
derived by City; and (d) the payment of a fee by Owner to City to provide additional parkway
trees and a public seating area on Main Street, not to exceed $5,000. The benefit to Owner
under this Agreement consists of the assurance that Owner wiII preserve the right to develop the
Property as planned and as set forth in the Development Plan.
2. Expiration of Agreement. The terms and provisions of this Agreement and
Variance 93-1 shall automatically expire two (2) years from the date this Agreement is executed
unless the required certificates of occupancy have been issued to Owner for the Project.
3. Indemnification and Lel!al Challeng:e.
3.1. Indemnification. In addition to its duties under Section 3.2, Owner
agrees to and shall hold City, its officers, agents, employees, and representatives harmless from
liability for damage or claims for damage for personal injury including death and claims for
property damage which may arise from the activities of Owner or those of Owner's contractors,
subcontractors, agents, employees or other persons acting on Owner's behalf which relate to the
Project, whether those activities occur before or after the date this Agreement is fully executed.
Owner agrees to and shall indemnify and defend City and its officers, agents, employees, and
representatives with counsel acceptable to City from actions for damages caused or alleged to
have been caused by reason of Owner's activities in connection with the Project, regardless of
whether the City prepared, supplied or approved the plans or specifications for the Project.
Ordinance Number ~;1i7~
3.2. LeJaI Challenge. In the event of any legal action challenging the valid-
ity, applicability, or interpretation of any provision of this Agreement, any of the entitlement
documents pertaining to the Project including, without limitation, the City's General Plan,
Zoning Ordinance, Variance 93-1, Negative Declaration 93-5 or any other environmental
documentation prepared for the Project, or any other supporting document, the Owner shall
indemnify, defend and hold harmless the City, its officers, agents, employees and representatives
from and against all liability, costs and expenses, including attorneys' fees, incurred by City or
awarded against City in relation to such action. The City shall have the right to select.counsel
of its choice subject to the right of Owner to reasonably reject any particular attorney or firm. I
The parties hereby agree to cooperate in defending such action. In the event of any litigation
challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall
remain in full force and effect while such litigation, including any appellate review, is pending,
unless otherwise ordered by the court. Absent issuance of an injunction, Owner may elect to
continue development under this Agreement pending completion of the litigation but it shall do
so at its sole risk, and City shall not be liable for any loss suffered as a result thereof.
4. Vested Ril!hts. While this Agreement is in effect, Owner shall have a vested
right to develop the Project in accordance with the terms and conditions of this Agreement, and
City shall have the right to control the development of the Project in accordance with the terms
and conditions of Variance 93-1 and of this Agreement.
5. Traffic and Parking Mitil!ation Contribution. Owner shall contribute to City the
sum of $ 36,500.00 to mitigate traffic and parking impacts arising from the Project. This
amount is $ 63,000.00, based on an interim in-lieu fee of $ 3,500.00 per parking space (18
spaces), minus credits based upon the benefits to the City and residents of the City arising from
the project. Owner shall pay to the City the amount of $ 36,500.00 as follows: $ 7,300.00
shall be paid to the City prior to the issuance of a certificate of occupancy for the project; the
balance shall be paid in four equal installments of $ 7,300.00 on each successive anniversary
date from the date of the issuance of the certificate of occupancy. In addition to these amounts,
Owner may be required to pay additional in-lieu parking fees pursuant to Section 6 of this
Agreement.
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6. City Parking Proilram. Owner hereby agrees to participate in any such in-lieu
parking program as has been or shall be established by the City Council applicable to business
tenants and/or property owners in the Old Town-Main Street area for an amount equal to
eighteen (18) spaces. Any changes to the total parking requirement for the site shall cause the
modification of the rate of participation in the in-lieu program, subject to Planning Commission
approval. The Owner shall execute and cause a covenant to be recorded on the title of the
property which stipulates that eighteen (18) parking spaces are required for the retaiVoffice uses
of the property, pursuant to the Code of the City of Seal Beach, ~ 28-1203 and ~ 28-1304. In
the event that future action by the City Council results in further costs per space, Owner shall
be entitled to a credit of $ 36,500.00, or that portion paid thereof, paid under this Agreement
pursuant to Section 5.
7. LandsCllPing Offset Fee. Pursuant to the conditions of approval and the
Development Plan, to offset the lack of on-site landscaping, Owner shall pay a fee to City not
to exceed $5,000 to purchase a maximum of six (6) street trees for the Main Street area and to
cover the cost of purchasing and installing an additional pedestrian bench on Main Street or other I
hardscape treatments to the sidewalk area adjacent to the subject property, to the extent the latter
is deemed feasible by the City's Engineering Department. Said fee shall be paid as a $5,000
deposit prior to issuance of a certificate of occupancy, with any excess to be refunded to Owner.
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Ordinance Number /:l?f
8. Amendment or Cancellation of Al!reement. This Agreement may be amended or
canceled in whole or in part only by mutual consent of the parties, or as provided in Section 2
of this Agreement.
9. Remedies.
(a) Mandamus. The Parties hereby stipulate that the City's
performance of this Agreement is comprised of ministerial, non-discretionary duties which the
law specifically enjoins and administrative actions taken as the result of proceedings in which
by law hearings are required to be given, evidence is required to be taken and discretion in the
determination of facts is vested in the City, and that Owner shall be entitled to obtain relief in
the form of a writ of mandate in accordance with Code of Civil Procedure Section 1085 or
Section 1094.5, as appropriate, to remedy any default by City of its obligations and duties under
this Agreement. Nothing in this paragraph (b), however, is intended to alter the evidentiary
standard or the standard of review applicable to any action of, or approval by, the City pursuant
to this Agreement or with respect to this Project.
(b) City Not Liable For Damages. It is acknowledged by the
Parties that City would not have entered into this Agreement if it were to be liable in damages
under or with respect to this Agreement or the application thereof. Consequently, and except
for the payment of attorneys fees in accordance with Section 12 below, City shall not be liable
in damages to Property Owner, Owner, or to any assignee, transferee or any other person, and
Owner and Property Owner covenant on behalf of themselves and their successors in interest not
to sue for or claim any damages:
(i) for any breach of, or which arises out of, this Agreement;
(ii) for the taking, impairment or restriction of any right or interest
conveyed or provided hereunder or pursuant hereto; or
(jji) arising out of or connected with any dispute, controversy or issue
regarding the application or interpretation or effect of the provisions of this Agreement;
provided, however, that the foregoing does not limit the liability of City, if any, for damages
which:
(1) are not for a breach of this Agreement or which do not arise
under this Agreement;
(2) are not with respect to any right or interest conveyed or
provided hereunder or pursuant hereto; and
(3) do not arise out of or which are not connected with any
dispute, controversy or issue regarding the application, interpretation or effect of the provisions
of this Agreement to, or the application of, any City rules, regulations or official policies.
10. Event of Default by Owner. If City determines that Owner has not complied in
good faith with the terms and conditions of this Agreement, City shall, by written notice to
Owner, specify the manner in which Owner has failed to so comply and state the steps Owner
must take to bring itself into compliance. If, within sixty (60) days after the effective date of
notice from City specifying the manner in which Owner has failed to so comply, Owner does
not commence all steps reasonably necessary to bring itself into compliance as required and
thereafter diligently pursue such steps to completion, then Owner shall be deemed to be in
default under the terms of this Agreement and City may terminate this Agreement or invoke any
other remedies afforded by law.
Ordinance Number ~;1~
11. Notices. All notices required or provided for under this Agreement shall be
in writing and delivered in person or deposited in the United States mail, postage prepaid and
addressed as follows:
TO CITY:
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Attn: Director of Development Services
TO OWNER:
Brian Kyle/Jim Klisanin
226 Seventh Street
Seal Beach, CA 90740
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Either party may change the address stated herein by giving notice, in writing,
to the other party and thereafter notices shall be addressed and submitted to the new address.
Notices shall be deemed received upon personal delivery or upon the third (3rd) day following
deposit in the U. S. mail in the manner set forth above.
12. Attorne.Ys' Fees. If legal action is brought by any party against another for
breach of this Agreement, or to compel performance under this Agreement, the prevailing party
shall be entitled to an award of actual attorneys' fees and costs.
13. Bindinl! Effect of Al!:reement. The burdens of this Agreement bind, and the
benefits of this Agreement inure to, the successors in interest to the parties hereto and shall run
with the land. With the prior written consent of City, which consent shall not be unreasonably
withheld, Owner shall have the right to sell, transfer or assign its respective interest in the
Property in whole or in part to any person, partnership, joint venture, firm or corporation at any
time during the term of this Agreement; provided, however, that any such sale, transfer or I
assignment shall include the assignment and assumption of the rights, duties and obligations
arising under or from this Agreement.
14. Authority to Execute. The persons executing this Agreement on behalf of
Owner warrant and represent that each has the authority to execute this Agreement on behalf of
the Owner and to bind Owner to the performance of its respective obligations hereunder.
15. Severability of Terms. If any term, provision, covenant or condition of this
Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement
shall not be affected thereby to the extent such remaining provisions are not rendered impractical
to enforce.
16. Inter:pretation and Governinl!: Law. This Agreement and any dispute ansmg
hereunder shall be governed and interpreted in accordance with the laws of the State of
California.
Dated:
,1993
"Owner"
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By:
Brian Kyle
Jim Klisanin
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(Signatures Continued)
Dated:
ATTEST:
By:
,1993
Ordinance Number ;1::3.71
CITY OF SEAL BEACH, a municipal
corporation of the State of California
By:
Mayor
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Ordinance Number ~~j1~
EXHffiIT "A"
LEGA4 DESCRIETION OF PROPERTY
Lot 12 of Block 109 of Bay City, as per Map thereof recorded in Book 3 Page 19 of
Miscellaneous Maps, records of said Orange County.
... .
EXHIBIT "B"
DEVELOPMENT Pl.,AN PERMITS AND APP~OV ALS
VARIANCE 93-1
(NOTE: REQUIRED BUILDING PERMITS AND ALL
OTHER APPROPRIATE PERMITS WILL BE ATTACHED
UPON ISSUANCE)
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Ordinance Number ~~;1~
EXHIBIT "e"
IMPLEMENTING RESOLUTION NO. 93-38
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
ADOPTING NEGATIVE DECLARATION NO. 93-5,
AND APPROVING VARIANCE NO. 93-1 TO VARY
FROM THE COMMERCIAL PARKING, LOADING
ZONE AND LANDSCAPING REQUIREMENTS IN
CONJUNCTION WITH A REQUEST TO
DETERMINE THE APPROPRIATE AMOUNT OF
OFF-STREET PARKING AT THE PROPERTY
GENERALLY KNOWN AS 212 MAIN STREET
(MASONIC LODGE)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On February 19, 1993, Brian Kyle and Jim Klisanin (hereinafter
collectively known as "Applicant") filed an application for Variance 93-1 with the Department
of Development Services to vary from the commercial parking requirements, loading zone
requirements and landscaping requirements. Applicant has requested that the Commission
determine that the subject property is legally non-conforming and does not have to provide 28
off-street parking spaces, and that it can establish a restaurant use on the site without providing
the required parking spaces.
Section 2. Pursuant to 14 Calif. Code of Regs. * 15025(a) and II n.c and
m of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative
Declaration, which were circulated for public review and comment from May 3, 1993 to May
24, 1993, in compliance with the provisions of the California Environmental Quality Act and
the City's Local CEQA Guidelines.
Section 3. A duly noticed public hearing was held before the Planning
Commission on July 7, 1993 to consider the application. At the public hearing, the applicant
and a partner spoke in favor of the request and 4 persons spoke in opposition.
Section 4. The record of the hearing indicates the following:
(a) The subject property is located on the easterly side of Main Street
approximately 155 feet north of the center of the intersection of Main Street and Central
Avenue. The property is similar in size and shape, being flat and rectangular, to its neighbors
and to other uses in the zone.
(b) The subject property is legally described as Lot 12 of Block 109 of Bay
City Tract, as per Map recorded in Book 3 Page 19 of Miscellaneous maps, in the Office of the
Ordinance,Number ;I~i'J'
County Recorder of Said County (Orange County, California) and is also identified as Orange
County Assessor's Parcel Number 199.043-13.
(c) The subject structure was constructed prior to 1950, when the City's oldest
recorded permit for the property indicates a dinner room was added to the Masonic Lodge.
(d) The structure has housed the local chapter of the Masonic Lodge for
approximately 45 years. According to the applicants and the Masons, the structure has been
primarily used by fraternal organizations (Masons and Job's Daughters) as well as being rented I
out to a church group and occasionally rented out for parties or gatherings. Such use was
established prior to the City's current parking requirements. Under the City Code, uses
established prior to changes in the City's parking requirements are considered legal-
nonconforming and are allowed to continue operations without compliance with new parking
standards adopted subsequently to the establishment of such use. Accordingly, the subject
property, although providing no off-street parking, does not have to meet current parking
standards to continue its present use.
(e) The following table illustrates the applicants' estimate of the usage of the
structure:
ESTIMATED USAGE OF STRUCTURE
Group
HourslMeeting
Frequency
Attendance
Masons 3-4 lIweek 25 to 50
Job's 3-4 lIweek 15-25
Daughters
Church Group 2-3 lIweek 15-25
Parties 3-6 lImonth 25-200
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The property would lose its legal nonconforming status if the present use
of the property were to change, and any future use proposed for the site must comply with
current parking requirements, or obtain a variance from the required parking.
(t) The subject property is located on Main Street, which is a commercial strip
fully developed with a variety of commercial uses. The surrounding land uses and zoning are
as follows:
NORTH,WEST
&. SOUTH
A mixture of commercial uses in the Service
Commercial zone, (C-l).
EAST
A mixture of single-family and multi-family residential
dwellings in the Residential High Density zone, (RHO).
(g) A parking study performed in conjunction with.an application for the re-
institution of a restaurant use across Main Street from the subject location, at 209 Main Street,
demonstrates that public parking facilities within 300 feet of the site are often fully occupied, I
and this is especially true of the 100 block of Main Street and the 200 block which includes the
subject property.
(h) The building and property at 212 Main Street cannot provide the on-site
parking required for any new use without demolition of the existing structure. Further, no off-
site facilities within three hundred feet of the site can provide adequate parking.
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Ordinance Number ~.1~~
(i) In connection with this application and other recent applications, the City
has performed certain parking studies to, inter alia: analyze present supply and future needs;
determine the impacts arising from the proposed use; consider whether current Code parking
requirements should be modified; and to provide additional parking and other mitigation
measures to alleviate the impacts arising from the proposed use, as well as others. To mitigate
any impacts arising from the proposed use and other proposed uses, a reserve fund has been
established in the 1993-1994 Fiscal Year budget for the acquisition and implementation of a
public transit trolley. In addition, the City Council has authorized the use of City-owned parking
facilities to satisfy parking requirements and the preparation of an amendment to the Main Street
Specific Plan to establish more flexible and appropriate parking standards. Council has directed
staff to consider whether the city-wide commercial parking standards should be modified so that
uses on Main Street, limited by physical constraints, may satisfy parking needs by in-lieu fees,
parking mitigation fees, or offsite facilities, rather than providing parking onsite.
Section S. Based upon the evidence in the record, including the facts stated
in f 4 of this resolution, and in the environmental documentation prepared in conjunction with
this project, and pursuant to If 28-2403.1 and 28-2500 - 28-2504 of the City's ~, the
Planning Commission hereby finds as follows:
(a) The record reveals that the utilization of the structure on the subject
property for commercial retail and office uses, as conditioned and mitigated herein, will not have
any appreciable impact on traffic to and from the use. The existing roadways which serve the
site are adequate to serve the proposed use and accordingly the application is consistent with the
goals, standards, and policies of the Circulation Element and Growth Management Element.
Variance No. 93-1 is consistent with the provisions of the Land Use Element of the City's
General Plan, which provides a "service commercial" designation for the subject property and
permits commercial retail and office uses. As conditioned, Variance 93-1 will not adversely
affect the General Plan because requiring the Applicant to mitigate parking impacts is consistent
with the policy of the General Plan to require new uses to provide adequate parking for
commercial uses within the immediate vicinity of the subject site. The parking demand caused
by the proposed use can be accommodated by the existing City parking facilities. Approval of
the project for commercial retail and office uses allows its owner a reasonable economic use of
the property of a type proposed in the Land Use Element. 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, allowing a variance to permit the
establishment of commercial retail and office uses is consistent with the General Plan.
(b) As conditioned herein, the building and property at 212 Main Street are
adequate in size, shape, topography and location to meet the needs created by commercial retail
and office uses. The subject property has been devoted to fraternal meeting uses for
approximately 45 years, and is no longer viable due to the reduced membership of the fraternal
organization. The use of the existing structure for commercial retail and office uses, not
including restaurant use, is compatible with the Main Street commercial area. The building,
constructed in approximately 1945, is adequate for commercial retail and office uses. While no
future use can provide parking onsite or upon any site within 300 feet in strict compliance with
the Code, the prior occupant, who enjoyed legal nonconforming status, likewise did not provide
onsite parking. The Code requires 18 spaces for commercial retail and office uses. The parking
demand caused by commercial retail and office uses can be accommodated by existing City
parking facilities.
(c) The subject property has inadequate area for landscaping and a loading
zone. There are special circumstances which, through the strict application of this Chapter,
deprive the subject property of privileges enjoyed by other property in the same vicinity and
zone.
(d) The granting of this variance would not be the granting of a special
privilege inconsistent with other limitations on other properties in the same vicinity and zone.
Ordinance Number /;?j7~
(e) The applicants have the right to enjoy some use of the subject property,
including the continuation of the existing uses, provided the uses do not cease for over 90
consecutive days.
(t) The existing use of the structure, as a meeting place for two (2) fraternal
lodges and a church group, and as an assembly hall for parties, has the capacity for greater
impacts on surrounding land uses and parking than other uses traditionally found along Main
Street, specifically commercial retail and business office uses.
(g) The applicants will be required to participate in the City's in-lieu parking I
program as it currently exists or may be amended in the future.
(h) Retail shops and business offices are the least intensive uses normally
found along Main Street with parking requirements of only 1 space per 300 sq. ft. of gross floor
area.
(i) As conditioned hereby, approval of retail commercial and business office
uses at the site will be compatible with surrounding uses and the community in general and will
not be detrimental to the neighborhood. The uses of the premises for retail commercial and
business office purposes will not have an adverse impact on surrounding uses, and for the
reasons stated in paragraphs (a), (b), and (c) of this Section.
(j) The Planning Commission hereby affirms that it independently reviewed
and analyzed proposed Negative Declaration No. 93-5 prior to acting on the application and
hereby finds as follows:
(1) Negative Declaration No. 93-5 was prepared by City Staff and
therefore reflects the independent judgment of the City;
(2) There is no substantial evidence in the record which would support
a fair argument that approval of the application might have a I
significant environmental impact;
(3) Approval of this application involves no potential for adverse
effect, either individually or cumulatively, on wildlife resources
and will not have an adverse impact on fish and wildlife. It is the
re-establishment of an urban use on an urbanized site, and has no
impact on wildlife resources, since there are no identified wildlife
resources on or adjacent to the site. The Planning Commission
directs the Director of Development Services to file the appropriate
De Minimis Impact Finding for the California Department of Fish
and Game Certificate of Fee Exemption.
(k) Pursuant to Government Code Section 65906.5, the City may grant a
variance from parking requirements provided certain conditions are met. Although this section
applies to general law cities, the City Council has previously found that the legislative policy
reflected in this statute is appropriate to the circumstances of the charter city of Seal Beach.
Section 65906.5 provides, in relevant part:
"[A] variance may be granted from the parking requirements of a zoning
ordinance in order that some or all of the required parking spaces be located
offsite, ..., or that in-lieu fees or facilities be provided instead of the required
parking spaces, if both the following conditions are met:
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(a) The variance will be an incentive to, and a benefit for, the
nonresidential development.
(b) The variance will facilitate access to the nonresidential
development by patrons of public transit facilities,.... "
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Ordinance Number /:1 19
The requirements set forth in Section 65906.5 are satisfied here. Allowing
the Applicant to satisfy its parking requirements through in lieu payments provides both an
incentive and benefit for the proposed nonresidential development. Further, granting the
variance, subject to certain conditions, would facilitate access to the proposed retail commercial
and business office uses by patrons of the proposed public transit trolley, and would contribute
to a density of commercial uses necessary to sustain public transit.
(1) In accordance with Government Code Section 65906.5, there is no
requirement to show special circumstances to justify the granting of a parking variance.
Nonetheless, there are special circumstances which warrant the variance here, including the
site's location, surroundings, and the availability of public parking nearby. In order to provide
the Code required parking, it would be necessary to demolish the existing structure. The site
is in close proximity to available public parking. There is no space on or within 300 feet of the
site to provide the required parking without destroying all or part of a structure which has a
remaining useful life and of which its owner must be allowed a reasonable economic use.
(m) Strict application of the Zoning Code deprives the subject property of
privileges enjoyed by other property in the same vicinity and zone. Other commercial retail and
business office uses along Main Street likewise cannot, and do not provide on-site parking. The
conditional granting of a variance will not constitute a grant of special privileges inconsistent
with other limitations upon other properties in the same vicinity and zone because, as
conditioned, the proposed use will meet its parking demand through the alternative means
provided in the conditions.
Section 6. Based upon the foregoing, the Planning Commission hereby adopts
Negative Declaration No. 93-5, conditionally approves Variance 93-1, a variance from ~
provisions requiring a loading space, landscaping, and provision of 18 parking spaces within a
300 foot radius of the subject property, subject to the conditions attached hereto as Attachment
A.
Section 7. The proposed mitigation monitoring program attached hereto as
Attachment "B" is hereby adopted.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof, held o~ the 21st day of July ,1993 by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Anton Dahlman, Chairman
Planning Commission
Lee Whittenberg, Secretary
Planning Commission
Ordinance Number /J19
ATIACHMENf A, RESOLUTION NO. 93-38
CONDITIONS OF APPROVAL
VARIANCE 93-1
1. Variance 93-1 is approved for the provision of 18 less than the required 18 on-site
parking spaces, no on-site landscaping and no loading space in conjunction with the
change in use of an existing structure at 212 Main Street, Seal Beach.
2. The Commission approves a change in use from the current uses (fraternal hall, church
and assembly hall) to commercial retail and/or business office uses. No restaurant uses
are permitted.
3. The approval of Variance 93-1 is subject to the City's approval of a Development
Agreement governing the use of the subject property and the conditional approval herein
shall confer no entitlements or rights upon the applicants. Nor shall the City be obliged
to issue any permits or approvals until such time as the Development Agreement has
been approved, without the prior written consent of the City.
4.
Applicants have agreed to contribute an amount specified in the Development Agreement
to mitigate traffic and parking impacts from the project. The property owner shall agree
to participate in such in-lieu parking program as has been or shall be established by the
City Council for the amount equal to eighteen (18) spaces. Any changes to the total
parking requirement for the site shall cause the modification of the rate of participation
in the in-lieu program, subject to Planning Commission approval. The applicant and/or
property owner shall sign and record the in-lieu parking agreement, or an alternative
document acceptable to the City, prior to the issuance of any building permits and/or
business license. The applicant realizes that this. is an interim agreement, and a
permanent agreement may result in further costs per space. A covenant shall be recorded
on the title of the property which stipulates that eighteen (18) additional parking spaces
are required for the commercial retail and/or business office use of the property, pursuant
to the Code of the CilY of Seal Beach 628-1304(4).
S. This Variance 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 notarized and returned to the Planning Department; and until
the ten (10) day appeal period has elapsed.
6. That all requirements of the Orange County Health and Fire Departments and the
Uniform Building Code be met prior to occupancy.
7.
The applicants shall submit plans to the City and receive approval from the City for any
proposed facade changes or tenant improvements, prior to the initiation of construction
activity .
8.
All cooking and food preparation facilities shall be removed from the property prior to
issuance of a Certificate of Occupancy.
9. In order to offset the lack of on-site landscaping, a fee shall be paid to the City to
purchase a maximum of six (6) street trees for the Main Street area. Additionally, if
deemed feasible by the City's Engineering Department, a fee shall be paid to the City
to cover the cost of purchasing and installing an additional pedestrian bench on Main
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Ordinance Number ./'~i1}?
Street or other hardscape treatments to the sidewalk area adjacent to the subject property.
Said fee shall not exceed $5,000 and shall be paid as a $5,000 deposit prior to issuance
of a certificate of occupancy.
10. If feasible, a six foot tall brick trash enclosure shall be installed at the rear of the
structure. In the event it is found to be unfeasible, the applicant shall provide the City
with an alternative refuse holding plan for review and approval by the Director of
Development Services.
11. The Applicant shall indemnify, defend and save harmless the City of Seal Beach, its
officers, agents and employees 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 connection with the performance of the use permitted
hereby or the exercise of the rights granted herein, any and all claims, lawsuits or actions
arising from the granting of or the exercise of the rights permitted by this Variance, and
from any and all claims and losses occurring or resulting to any person, firm,
corporation or property for damage, injury, death arising out of or connected with the
performance of the use permitted hereby. Applicant's obligation to indemnify, defend and
save harmless the City as stated hereinabove shall include, but not be limited to, paying
all legal 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, and any award of
damages or attorneys fees in any such lawsuit or action.
....
Ordinance Number /J If
ATI'ACHMENT B, RESOLUTION NO. 93-38
MITIGATION MONITORING and REPORTING PROGRAM
NEGATIVE DECLARATION 93-5
209 MAIN STREET)
I
1. Mitil!Btlon MpA"nre: The approval of Variance 93-1 is subject to the
City's approval of a Development Agreement governing the use of the subject property
and the conditional approval herein shall confer no entitlements or rights upon the
applicants. Nor shall the City be obliged to issue any permits or approvals until such
time as the Development Agreement has been approved, without the prior written consent
of the City. (planning Commission Condition of Approval #3, Resolution No. 93-38)
Method of Verification: Return of properly executed and recorded Development
Agreement.
Timin!! of Verification: Upon return of properly executed and recorded Development
Agreement and covenant.
Re!iDonsible Person/ A!!encv: City Attorney - Approval as to form of development
agreement form; Department of Development Services - Director and/or Assistant
Planner - verification of receipt of recorded development agreement prior to issuance of I
any building permits and/or business license.
2. Mitl!!atlon Measure: Applicants have agreed to contribute an amount specified
in the Development Agreement to mitigate traffic and parking impacts from the project.
The property owner shall agree to participate in such in-lieu parking program as has been
or shall be established by the City Council for the amount equal to eighteen (18) spaces.
Any changes to the total parking requirement for the site shall cause the modification of
the rate of participation in the in-lieu program, subject to Planning Commission approval.
The applicant and/or property owner shall sign and record the in-lieu parking agreement,
or an alternative document acceptable to the City, prior to the issuance of any building
permits and/or business license. The applicant realizes that this is an interim agreement,
and a permanent agreement may result in further costs per space. A covenant shall be
recorded on the title of the property which stipulates that eighteen (18) additional parking
spaces are required for the commercial retail and/or business office use of the property,
pursuant to the Code of the City of Seal Beach 128-1304(4). (planning Commission
Condition of Approval #4, Resolution No. 93-38)
Method of Verification: Return of properly executed and recorded in-lieu parking
participation agreement and covenant.
Timln!! of Verification: Upon return of properly executed and recorded in-lieu I
parking participation agreement and covenant.
ResDonslble Person/ A!!enc:v: City Attorney - Approval as to form of in-lieu
parking participation agreement form and covenant; Department of Development Services
- Director and/or Assistant Planner - verification of receipt of recorded in-lieu parking
participation agreement and covenant prior to issuance of any building permits and/or
business license. .
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Ordinance NUmber ~~~~
3. Mitil!ation Measure: All requirements of the Orange County Health
Department and the Uniform Building Code shall be met prior to occupancy. (planning
Commission Condition of Approval #6, Resolution No. 93-38)
Method of Verification: Receipt of approved plans by Orange County Health
Department and from City contract plan check engineering firm.
ToninI! of Verification: Upon return of properly approved plans by Orange County
Health Department and from City contract plan check engineering firm.
Resoonslble Person! Al!enc:v: Department of Development Services - Building
Inspector - verification of approved plans prior to issuance of building permits.
4.
Mitil!atlon Measure: In order to offset the lack of on-site landscaping, a
fee shall be paid to the City to purchase a maximum of six (6) street trees for the Main
Street area. Additionally, if deemed feasible by the City's Engineering Department, a
fee shall be paid to the City to cover the cost of purchasing and installing an additional
pedestrian bench on Main Street or other hardscape treatments to the sidewalk area
adjacent to the subject property. Said fee shall not exceed $5,000 and shall be paid as
a $5,000 deposit prior to issuance of a certificate of occupancy. (planning Commission
Condition of Approval #9, Resolution No. 93-38)
Method of Verification: Receipt of $5,000.00 deposit from applicant.
Tlmlnl! of Verification: Prior to final inspection and issuance of certificate of
occupancy.
Re!iponslble Person! Al!enc:v:
and/or Assistant Planner.
Department of Development Services - Director
5.
Mltll!ation Measure: The applicants shall submit plans to the City and
receive approval from the City for any proposed facade changes or tenant improvements,
prior to the initiation of construction activity. (planning Commission Condition of
Approval #7, Resolution No. 93-38)
Method of Verification: Verification of substantial compliance of construction plans
to approved plans by Department of Development Services prior to submission by City
for Plan Check review by City contract plan check engineering firm.
Timinl! of Verification:
Upon receipt of required plans from applicant.
Resoonsible Person! Al!encv: Department of Development Services - Director
and/or Assistant Planner - verification of substantial compliance of construction plans to
approved plans prior to submission by City for Plan Check review by City contract plan
check engineering firm.
....
Ordinance Number /.3 ;;;1
EXHIBIT "D"
~
o
.
(NOTE: REQUIRED BUILDING PERMITS AND
ALL OTHER APPR.OPRIATE PERMITS ARE ON
FILE AT THE DEPARTMENT OF DEVELOPMENT
SERVICES) .
....
C:\WPSI_I_.OIDILWlIM2-93
27
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" ~GATIVliImCLARATlON 93-5.
EXHffiIT "E"
.x
CounlY Clerk. CounlY of Orane
700 Civic Ctr. Drive Woo Room D-I 00
Santa Ana CA 92701
APPENDIX G
NOTICE OF DETERMINATION AUG 3 t
FROM: CilY of Seal B_.!RYl.G~ounty Cler
~!loartm!mt of1l:; ".._~ DEPU
211 EiRhth Street
Seal Beach CA 90740
POSTEll)
.21094 {;~L;G 31 1993
TO:
omee of Planning and Research
State of California
1400 Tenth Street
Sacramento, CA 90815
I
SUBJECT:
FiliDg ofNoCic:e ofDetermiDatioa in compliaDc:e with Scctioa211S
R......,...... rnde, By
, County Clerk
DEPUlY
VARIANCE 93-1 MASONIC WDGE
Project Title [Common name where possible]
Stale Clearinghouse Number [If submitted to State Clearinghouse]
Lee Whittenberg
Contact Person
Q!ID 431-2527
Telephone Number
212 MAIN STREET. SEAL BBACJt CA 90740
Project Location
CHANGE IN U~E FROM fRA~AL LODGE TO RETAlUOFFICE
WITII LESS mAN THE REQUIRED ON SITE PARKING SPACES
Project Description
I
This is to advise that the City of si:aI Beach (Lead Agency) has approved the above-described project and
has made the following detenninations regarding this project:
I. The project _ will X will not have a significant effect on the environment,
2, Mitigation measures X were _ were not made a condition of approval of the
project.
3. .x. A Negative Declaration was prepared for this project pursuant to the provisions
ofCEQA. A copy of the Negative Declaration and record of project approval may
be examined at: Citv ofSea1 B-"h. 211 Eightb Street. Seal B-"h. CA 90740.
_ An Environmental Impact Report was prepared for this project pursuant to the provisions ofCEQA,
and was reviewed and considered by the decision making body prior to its decision on the project. The
Environmental Impact Report and record of project approval is available to the public at:
_ The City found that the environmental effects of the project could be mitigated by modifications to
the project which are within the responsibility and jurisdiction of another public agency.
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_ Specific economic, social, and other considerations make infeasible the mitigation measures or
project alternatives identified in the Final Environmental Impact Report.
_ A Statement of Oveniding Considerations _ was _ was not adopted for this project.
This document is being filed in dUDlicate. Please acknowledge the filing date and return acknowledged
copy in the enclosed, stamped, self-addressed envelope.
............"'..... ~ s~,~
Ili_nr ofDevelomnent Services
Title
'. -
Ordinance Number
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FEE EXEMPTION F I LED
AUG 3 t 1993
De Minimis Impact rmding
GARYL .
By
[ Project TrtlelLocation (mclude County): I
Variance 93-1, Masoaic Lodge, 212 Maia Street, City of Seal Beal:b, Orqe~, 21 0 94
I Project Description: ,
county Clerk
DEPUlY
I. The lead ageacy fiDds that the proposed variaDcc, as approved subject to ccrtaiD terms and COIIlIitioas,
involves 110 pnt...mlll for lIIIy adverse effect, either individually or cumulatively, 011 aaturaI rc:soun:es.
2. The lead agency fiDds that Variance 93-1, as approved, will DOt ba~ an adverse impact 011 fish and
wiIdIifi:.
I Certification: ,
I
I hereby certifY that the public ageacy bas made the above findi"ll' and that the project willllClt individually or
cumu1aIivcly ba~ an adverse effect 011 wild1ifc rc:soun:es, as defi""lf in SccIiOll 711.2 of the Fish and Game
Code.
~~ Y,4:7
. pi"..nni>lg Official) .
TJtIc: ninrin~ ofDew:l00ment Services
Lead Agr:m:y: Citv of Seal Beach
Date: AuRUst 6 1993
SOCIi.., 711.4, Filii and Oomc Code
DFO:12I9O
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PROOF OF PUBLICATION
(2015.5 C,C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weeklv in the City of SgaI
Beach. County of Orange and which
newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2/24f75. Case Number A82583;
that the notice of which the annexed
Is a printed copy (set in type not
smaller than nonpareil), has been .
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on the
following dates, to-wit:
cfJcf: 2 f
all in the year 19..aa...
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this 2. J> day of at~. , 19..aa...
"'-/---- .
L3~~Si~tuP-
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(310)430-7555
Ordinance Number
/~19
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
NonCE OF PU8UC
HEARING
NOTICE IS HEREBY GIllEN... .
h CI\J CaundI",.. CIty", Sell
-... hDId....... -.. on
Mondor _eo '''.''7:00
p.m.lnhCltyCcud -...
21IE/oh1t1Sho1,__,
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A DEVELIlPIIENr AGREEMENT
IarVAIlIANCE '"
212 IIAIN STREET,
8EALlEACM
_LOIlGI
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and no funher erMlQfil11ltl;dIIlhiM
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Ordinance Number /.379
PROOF OF PUBLICATION
(2015,5 C,C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter,
I am the princ.lpal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weeklv In the City of SililI
Beach, County of Orange and which
newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2/24n5, Case Number A82583;
that the notice of which the annexed
Is a printed copy (set In type not
smaller than nonpareil), has been
published In each regular and entire
issue of said newspaper and not in
any supplement thereof on the
following dates, to-wit:
IC.....JoL
all In the year 19J1.3....
This space for for the County Clerk's
Filing Stamp
I
Proof of Publication of
....... .
SUMMARY
ORDINANCE NUMBER
1371
DEVELOPMENT
AGREEMENT
21211A1N STREET
~_ '37lI D'" CIty
DI___.
Oo..lapn"',IAa_'_n
.. Cd)' and Bnon Krllllld Jim
_n"',,_oI..
-tlng-...._-1lIy
110I1... mI..... 01_ and DIIico
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_11212_-,_
_. OnIinonoo NumIlor 1m
-__rpullllc
hoorlng IIId 11I1_1ng wu
-1Ir..CiIl'_II"
'*"'- 22ncI. 11ll11l18gUlor
....... -1Ir"-,
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AYES: Brawn, Daone ~
Hoolingo...... .. -.....
NOES: _
IoIoIian CIoriod
011I_ Numbor 1m 10
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-"'1IlIl"__...
Idapaan II .. Coil' Counc:iI
-tIng 01 Oocombor 'lIIIl. ,1llIIl.
CapIooDlOnllll__lm
ore _11II11.... .. DIIico 01..
CIty CIorIl, Cd)' HIli, 2' I -lIIh
-. 5011-, II/opIlano (310)
431-2527.
DATED THIS 23rd"" 01
-"".11ll11l
.-..II.Yoo
Cill' Qork
Cd)'0I__
PubIIIhed 1:'1.:. nib.. OZ. 1_
.... .
I
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this l- day of llu..-t.... ,19Jl.3...,
~n:"- r:;;~
Slgnjlture
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(310)430-7555
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Ordinance Number /.179
PROOF OF PUBLICATION
(2015.5 C.C,P,)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested In the above-entitled matter,
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weeklv in the City of SWIl.
Beach, County of Orange and which
newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2124f75, Case Number A82583;
that the notice of which the annexed
is a printed copy (set In type not
smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on the
following dates, to-wit:
i.ur-i... .,:,j
all In the year 19J13,..
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
............................ .
............................ .
SUMMARY
ORDINANCE NUMBER
1379
DEVELOPMENT
AGREEMENT
212 MAIN STREET
Ordlnara Nu_lm 01 !he
C1ayoISoIl__..
DoWIopmenIA__
!he Citli and Briin Kyl'Ind..lm
K.uarin lor Ihe c:anwlllon of an
8IIIDng llrUCIUl'8 fRHn ....mb:ly
haIIlD. mbnure of 1'818I1 and Dffice
uses an a comrnercially zoned lot
'ocallld II 212 Main _. SaIl
_. OnI'IlIIa_.m
-__'~andWU
adDptad II !he raaul. Collndl
......ngolllaooriillarl31 .ll11l3by
!he IoIlOwlng ....:
AVES: Brown, Doane. Foraylhe,
HuDngs, Luzlo
Noas Nona
Malion Carriad
Copies 01 Ord'IlIIa Numbar 1319
are available from the office af dl8
Clay Clerk. CIIy Hall. 21. . 811I
S_.. SoaIBiat:h: Illap/lDno (310)
431,2527.
DATEOTHIS 1411I day 01
Dacombar .1893.
Joanne M. V... Clay Clerk
Clayo/Soal _
Publishad De_liar 23. '993
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach, California,
this 2.!:. day'Of iu.-,I....." 19J13,..
~~~~
Signature
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(310)430-7555