HomeMy WebLinkAboutCC Ord 1342 1991-08-26
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ORDINANCE NUMBER /342.
AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH
A.~D JAMES R. WATSON FOR THE BAY CITY VILLAS PROJECT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
Section 1.
The City and James R. Watson desire to enter into a
development agreement pursuant to the provisions of
Government Code sections 65864 to 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 the Rum
Runners property (proposed Bay City Villas project)
and more particularly described in the proposed
agreement, attached hereto as Exhibit A.
Pursuant to Go~ernment Code Section 65867.5, the
City Council hereby finds that the proposed
Development Agreement is consistent with the
General Plan for the City of Seal Beach, as amended
to date.
Section 2.
Section 3.
Purs~ant to Section 15168 of the CEQA Guidelines, a
Negative Declaration has been prepared and
certified by the City of Seal Beach, and this
development agreement is within the scope of that
document.
Section 4.
Since the Negi3!tive Declaration was prepared, the
project has been altered in that the mitigation
measure for the provision of low- and moderate-
income housing units within the Coastal Zone in
accordance with the provisions of Government Code
section 65590 has been set forth within the
Development Ag~eement, Section 12.7.
This change reflects an additional condition
imposed by the City in further mitigation of the
environmental effects documented in the Negative
Declaration. Accordingly, none of the conditions
set forth in Public Resources Code S21166 which
would reauire additional environmental review are
present and no such review is necessary.
Section 5.
The city Council of the City of Seal Beach finds
that the adoption of the proposed development
agreement, attached hereto as "Exhibit A", will not
have a significant impact on the environment that
will not be mitigated to a level of insignificance
as provided in the Negative Declaration prepared
for this proje7t.
The City Council hereby approves the Development
Agre~ment between the city of Seal Beach and the
James R. Watson, attached hereto as Exhibit A.
Section 6.
FASSED, APPROVED AND ADOPTED by the City Council of the City
sea~ft~ach, California, a regu ar meeting thereof held on
~!... day of , 1991.
of
the
2-
Mayor
~
JI'I'TEST:
Ordinance Number /.14,,2,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF S&\L BEACH )
I, Joanne M. Yeo, City Clerk of the city of Seal Beach, California,
do hereby certify that th~)E~oregoing ordinance is an original copy
of ordinance Number /~ on file in ttle. O.ffice of e Cit
Clerk, introduced at a meeting held on the I~~ day of I
__' 1991 and passed, approved and adopted by the city Co "1 of
the City of Seal Beach at a meeting thereof held on the day
of , 1991, by the following vote:
AYES:
NOES:
Councilmembers
ABSENT:
Councilmembers
and do hereby certify that ordinance No. /3~
published pursuant to the Seal Beach city Charter and
No. 2836. (/l
'"
has been
Resolution
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Ordinance Number 1.3/j"z
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
CITY OF SEAL BEACH
DEVELOPMENT SERVICES DEPARTMENT
211 EIGHTH STREET
SEAL BEACH, CA 90740
(Space Above for Recorder's Use)
DEVELOPMENT AGREEMENT
(Pursuant to Government Code
Sections 65864 - 65869.5)
This DEVELOPMENT AGREEMENT ("Agreement"). is entered into
between JAMES R. WATSON ("Developer") and the CITY OF SEAL BEACH,
a municipal corporation organized and existing under the laws of
the State of California ("City"). Developer and City are sometimes
collectively referred to herein as the "parties."
R E C I TAL S:
This Agreement is predicated upon the following facts:
A. These Recitals refer to and utilize certain capitalized
terms which are dr~ined in this Agreement. The parties intend to
refer to those definitions in conjunction with the use thereof in
these Recitals.
B. Government Code Sections 65864 - 65869.5, ("Development
Agreement Law") authorize the City to enter into binding develop-
ment agreements with persons having a legal or equitable interest
in real property or the development of such property, all for the
purpose of strengthening the public planning process, encouraging
private participation in comprehensive planning and reducing the
economic costs of such development.
C. Pursuant to Government Code Section 65865, City has
adopted rules and regulations as Article 27.5, commencing with
Section 28-2751 of the Code of the City of Seal Beach, California,
establishing procedures and requirements for consideration of
development agreements.
D. Developer is in a contingent escrow to purchase and is
the proposed developer of the Property as described on Exhibit "A."
E. Developer is developing a small scale residential I
commercial project commonly known as Bay City Villas requiring
major investment in public facilities and substantial front end
investment in on-site and off-site improvements in order to make
the Project feasible.
F. Developer has applied for, and City has approved, the
Development Plan in order to protect the interests of its citizens
and the quality of the community and environment. As part of that
process of approving the Development Plan, City has undertaken,
pursuant to the Cal.ifornia Environmental Quality Act ("CEQA"), the
required analysis of the environmental effects which would be
caused by the Project. C1ty has imposed a series of mitigation
measures in connec:tiol"', with the development of the Project to
eliminate any potentially adverse.impacts caused by the Project.
On June 24, 1991, the City Council of city adopted the Negative
Ordinance Number ;I~~~
declaration prepared for the proposed project and made the required
environmental findings.
G. Developer has requested city to consider entering into a
development agreement relating to the Project and proceedings have
been taken in accordance with City's rules and regulations.
H. The City council has found that this Agreement is con-
sistent with the City's General Plan, as amended.
. I. The Development Plan implements the goals and policies of
the- City's General Plan, and provides balanced and diversified land
uses in order to maintain the overall quality of life and of the
environment'within City and to impose appropriate standards and
requirements with respect to land development and usage.
J. city has found and determined 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 present exercise of its police power.
The parties agree as follows:
1. Definitions.
1.1 "Agreement" ~s this Development Agreement.
1.2 "Agreement Date" is the date this Agreement is
executed by City.
1.3 "City" is the City of Seal Beach, California.
1.4 "Developer" is James R. Watson and his heirs,
assignees or successors in interest to all or any part of the
Property.
1.5 "Development Plan" is all of those ordinances,
resolutions, codes, rules, regulations and official policies of
city governing the development and use of the Property as of the
Agreement Date, including, without limitation, the permitted uses
of the Property, the density or intensity of use, the maximum
height and size of proposed buildings, the provisions for reser-
vation or dedication of land for public purposes, and the design,
improvement and construction standards and specifications applic-
able to the development of the Propertf, and all of those permits
and approvals which are referenced on Exhibit "B," which have been
issued or granted by City in connection with any of the foregoing.
Specifically, but without limitation, such Development Plan
includes General Plan Amendments 1A-91 and 1B-91, and Zone Change
1-91 adopted by the city council on August 12, 1991, by Resolution
No. 4063, Resolution No. 4064, and Ordinance No. 1339 respectively,
pursuant to Government Code Section 65450 and Zone Variance 4-91,
approved by the Planning Commission on June 19, 1991, allowing the
construction of eleven (11) residential dwelling units and a total
of three thousand (3,000) square feet of retail/office development.
'1'0 the extent any of the foregoing are amended from time to time
with the consent of Developer, the Development Plan shall include
such matters as so amended. Notwithstanding the immediately
preceding sentence, if this Agreement is required by law to be
amended in order for the "Development Plan" to include such
amendments, "Development Plan" shall not include such amendments
unless and until this Agreement is so amended. A copy of the
General Plan Amendment Resolutions, Zone Change Ordinance and Zone
Variance Resolution, as amended are attached hereto as Exhibit "C,"
and a copy of the conditions of approval for Variance No. 4-91 is
attached hereto as Exhibit "D."
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0r 1nance NWlwer
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1.6 "Effective Date" is. that date upon which this
Agreement is executed by properly authorized officers of the city.
Developer hereby agrees that pre$entation to the City of a copy of
this Agreement executed by the Developer shall constitute a
contractual offer. Developer further agrees that City may accept
this offer at any time within ten (10) years of the date Developer
executes this Agreement. Developer agrees that, in consideration of
the early performance of some or all of the obligations under this
agreement, this offer shall be irrevocable by Developer for the
st~ted ten year period.
1.' "Project" is the master planned community and
associated amenities of Bay city Villas, including, without limita-
tion, on-site and off-site improvements, contemplated by the
Development Plan, as the same may be further defined, enhanced or
modified pursuant to the provisions of this Agreement.
1:( ~;ropertyll is the real property on which the
Project is. or will be, located as described on Exhibit "A".
2. Exhibits. The
this Agreement, attached
reference:
fOllowing documents are referred to in
hereto and incorporated herein by this
Exhibit
Desianation
Descri'Otion
Legal Description of the Property
Permits and Approvals constituting
Development Plan
Implementing Resolutions and
Ordinances for Bay city Villas
development plan, as amended
A
B
c
D
Conditions of Approval for Variance
No. 4-91
3. Mutual Benefits. This Agreement is entered into for the
purpose of carrying out the Development Plan for the Project in a
manner that will insure certain anticipated benefits to both City,
including, without limitation, residents of City, and Developer as
set forth in this Section. City and Developer agree that, due to
the size and duration of the Project, certain assurances on the
part of each party as to the Project will be necessary to achieve
those desired benefits.
3.1 Benefits to citv. The benefits to City (including,
without limitation, the residents of City) under this Agreement
include, but are not limited to: (a) installation of reqUired
public improvements, including underground utilities; (b)
~ontribution of Ninety Thousand Dollars ($ 90,000.00) to City for
park restoration and improvement purposes; (c) the provision of 1
housing unites) for low- and moderate-income persons and families
or the payment of $15,000.00 for use by the city in providing low-
and moderate-income housing opportunities within the City; (d) the
provision of a fire hydrant at the southeasterly corner of Pacific
Coast Highway and 17th street in accordance with all necessary
requirements of the City and of the Orange County Fire department;
(e) the provision of additional residential housing; (f) improve-
ments to roadways; (g) the payment of in lieu fees for the
construction of schools and other public facilities and services;
(h) an increase in property tax revenues and other revenues to be
derived by City; and (i) an increase in the number of available
Off-street parking spaces due to the closure of existing curb cuts.
Ordinance Number ./~;l
3.2 Benefits to Develoner. Developer has expended and
will continue to expend substantial amounts of time and money on
the planning and infrastructure construction of the Project. In
addition, Developer will expend substantial amounts of time and
money in constructinq public improvements and facilities and in
providinq for public services in connection with the Project.
Developer would not make such additional expenditures without the
rights conferred by this Agreement and such additional expenditures
will be' made in reliance upon this Agreement. The benefit to I
Developer under this Agreement consists of the assurance that
Developer will preserve the right to develop the Property as
planned and,as set forth in the Development Plan.
4. Interest of Develoner. Developer represents that
Developer has a legal or equitable interest in the Property.
5. Bindina Effect of Aareement. The burdens of this
Agreement bind, and the benefits of this Aqreement inure to, the
successors in interest to the parties thereto.
6. Relationshin of Parties. Developer is agreed to be an
independent contractor and not an agent of City.
7. ~. The term of this Agreement shall commence upon the
Effective Date and shall .continue until all building permits
required to complete the development of the Project as contemplated
by the Development Plan have been issued and the required
certificates of occupancy issued, provided that in no event shall
such term exceed two (2) years following the Effective Date of this
Agreement.
8. Chanaes in Proiect. Developer shall not be entitled to
any change, modification, revision or alteration in the Development
Plan relating to the permitted uses of the property, the density or I
intensity of use, the maximum height and size of proposed buildings
or the provision of land for reservation or dedication for pUblic
purposes without review and approval by those agencies of City
approving the Development Plan in the first instance. Subject to
the foregoing provisions of this Section 8, city acknowledges that
Developer may seek amendments to entitlements to use and new
entitlements to use in connection with the development of the
Project. The approval of any such amendments or new entitlements
to use shall be in the sole discretion of the city.
9. Hold Harmless. Developer agrees to and shall hold city,
its officers, agents, employees, partners 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 Developer or those of
Developer's contractors, subcontractors, agents, employees or other
persons acting on Developer's behalf which relate to the Project
whether those activities occur before or after the Effective Date
hereof. Developer agrees to and shall defend city and its
officers, agents, employees, partners and representatives from
actions for damages caused or alleged to have been caused by reason
of Developer's activities in connection with the Project. city
reserves the right to select its own legal representation for the
defense contemplated herein, at the cost of the developer.
10. Vested Riaht. By entering into this Agreement and I
relying thereon, Developer is obtaining a vested right to proceed
with the Project in accordance with the Development Plan and city
is securing certain public benefits which help to alleviate current
or potential problems in City and enhance the public health, safety
and welfare. City therefore agrees to the following:
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Ordinance Number ~~
10.1 No Conflictina Enactments. Neither the City
council of City nor any other agency of City shall enact an
ordinance, policy, rule, regulation or other measure applicable to
the Project which relates to the rate, timing or sequencing of the
development or construction of all or any part of the Project or
which is otherwise in conflict with this Agreement. This section
shall not restrict the city's ability i~ the event of a public
emergency to take such reasonable measures under its police powers
t.o prot.ect the public health, safety and welfare as it deems
necessary to deal with such emergency even if such measures are
incompatible with other terms of this Development Agreement.
10.2 Intent of Parties. No moratorium or other
limitation (whether relating to the rate, timing or sequencing of
the development or construction of all or any part of the Project
and whether or not enacted by initiative or otherwise) affecting
subdivision maps, building permits, occupancy certificates or other
entitlements to use approved, issued or granted within City, or
portions of City, shall apply to the Project to the extent such
moratorium or other limitation is in conflict with this Agreement.
Notwithstandinq the foregoing, should an ordinance, general plan or
zoninq amendment, measure, moratorium, policy, rule, regulation or
other limitation enacted by citizens of City through the initiative
process be determined by a court of competent jurisdiction to
invalidate or prevail over all or any .part of this Agreement,
Developer shall have no recourse against city pursuant to this
Agreement, but shall retain all other rights, claims and causes of
action at law or in equity which Developer may have independent of
this Agreement. The foregoing shall not be deemed to limit the
Developer's right to appeal any such determination of such
ordinance, general plan or zoning amendment, measure, policy. rule..
regulation, moratorium or other limitation which purports to
invalidate or prevail over all or any part of this Agreement. City
agrees to make all reasonable efforts to cooperate with Developer
to maintain this Agreement in full force and effect.
11. Public Works. If Developer is required by this Agreement
to construct any public works facilities which will be dedicated to
City or any other public agency upon completion, Developer shall
construct such works to the specifications of the Agency to which
the works are to be dedicated.
12. General DeveloDment of the Proiect.
12.1 Proiect. While this Aqreement is in effect,
Developer shall have a vested riqht to develop the Project in
accordance with the terms and conditions of this Agreement, and
City shall have the riqht to control the development of the Project
in accordance with the terms and conditions of this Agreement.
Except as otherwise specified in this Agreement, the Development
Plan shall control the overall design, development and construction
of the Project and all on-site and off-site improvements and
appurtenances in connection, therewith, inclUding, without
limitation, all mitigation measures required in order to minimize
or eliminate any potentially significant environmental effects.
The permitted uses of the Property, the density and intensity of
use, the maximum height and size of proposed buildings, the
provisions for reservation and dedication of land for public
purposes and other terms and conditions of development applicable
to the Property shall be those set forth in the Development Plan.
12.2 Effect of Aareernent on Land Use Reaulations. The
rules, regulations and official policies governing permitted uses
of the Property, the density and intensity of use of the property,
the maximum height and size of proposed buildings and the design,
Ordinance Number ~~~~
improvement and construction standards and specifications
applicable to development of the Property are those rules,
regulations and official policies in force as of the Agreement
Date. In connection with any approval which City is permitted or
has the right to make under this Agreement relating to the Project,
or otherwise under its rules, regulations and official policies,
City shall exercise its discretion or take action in a reasonably
expeditious manner which complies and is consistent with the
Development Plan and the standards, terms and conditions contained
in this Agreement, and in a manner which will not interfere with
the development of the Project for the uses and to the height,
density and intensity specified in this Agreement or with the rate
of development selected by Developer. Ci ty shall accept for
processing 'and timely review and act on all applications for
further land use entitlement approvals with respect to the Project
called for or required under this Agreement. Such application
shall be processed in the normal manner for processing such
matters.
12.3 Chanaes and Modifications. The parties acknowledge
that refinements and further development of the Project may dem-
onstrate that changes and modifications are appropriate with
respect to the details and performance of the parties under this
Agreement. The parties desire to retain a certain degree of
flexibility with respect to the details of the Project development
and with respect to those items covered in general terms under this
Agreement. If and when the parties find that changes or
modifications are necessary or appropriate, they shall, unless oth-
erwise required by law, effectuate such changes or modifications
through administrative modifications approved by the city Director
of Development Services. Upon approval by the Director, such
modifications shall be attached hereto as an addenda and become
incorporated herein, but shall not be deemed to be an amendment to
this Agreement under Government Code section 65868 requiring public
hearings before the Planning Commission and City Council.
Notwithstanding the foregoing, the following matters shall not be
considered administrative changes or modifications, but shall be
considered substantive amendments which shall be reviewed by the
Planning Commission and approved by the City Council:
(a) Alteration of the permitted uses of the
Property;
(b) Increase in the density or intensity of use or
the number of lots;
(c) Increase in the maximum height or size of
permitted buildings;
(d) Deletion of a requirement for the reservation
or dedication of land for public purposes (except for minor
boundary adjustments approved by the Director of Development
Services); .
(e) Any change or modification requiring a
subsequent or supplemental environmental impact report pursuant to
Public Resburces Code Section 21166.
12.4 Park Land Contribution. Developer shall contribute
to City the sum of Ninety Thousand Dollars ($ 90,000.00) for park
restoration and improvement purposes. One-ninth of the park fee, or
$10,000, shall be paid prior to the issuance of each of the nine
residential units contemplated in the Development Plan. In the
event Developer does not construct all nine contemplated
residential units, the park fees payable pursuant to this Section
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Ordinance Number I.:i"'~
and Section 12.5 of this Agreement shall be reduced by $10,000 for
each unit which is not constructed.
12.5 Satisfaction of Park Fee Reauirements. In
consideration of the contribution of $ 90,000 to City by Developer
for park restoration and improvement purposes, Developer shall be
deemed to have satisfied all park fee requirements of City for
those portions of Development requiring a zone change to a
residential zone classification and no further park fees shall be
applicable to those portions of the Project.
. 12.6 Satisfaction of Low- and Moderate-Income Housina
Provisions.' The Developer shall be required to provide one (1)
housing unit at "affordable housing cost" for "persons and families
of lOW and moderate income" at "another location in the same city
or county either within the coastal zone or within three miles
thereof." Within twelve (12) months after approval of the zone
change and prior to rel~ase of a Certificate of Occupancy for the
sixth (6th) housing unit to be constructed upon the parcels subject
to the zone change request, the Developer shall provide the
affordable housing required by this Section 12.6.
The off-site affordable housing may be prov1ded by means of
one or a combination of the following alternatives:
(1) provision of the required number of units as part
of a new housing development;
(2) the developer's purchase of existing affordable
housing units and preserving the affordability of
such units; or
(3) if it determined that options (1) and (2) above are
not capable of being accomplished in a successful
manner within a reasonable period of time, taking
into account economic, environmental, social and
technical factors, developer shall pay to City an
in-lieu affordable housing fee of $15,000.00 which
would be deposited by City into a special fund to
be used exclusively to increase, improve, and
preserve the community's supply of low- and
moderate-income housing available at affordable
housing cost.
As used herein, the terms "affordable Housing cost", "persons
and families of low or moderate income", and "another location in
the same city or county either within the coastal zone or within
three miles thereof" shall have the same meanings as in Health and
Safety Code section 50052.5 and 50093 and Government Code Section
65590(d), respectively, and applicable implementing regulations.
12.7 DeveloDment Fees. Except as provided in Section 13
of this Agreement. city shall not, without the prior written
consent of Developer, impose or increase any fees applicable to the
development of the property or any portion thereof, or impose any
such fees as a condi_ion to the implementation of the Project or
any portion thereof, except those fees-in effect on the date the
application for General Plan Amendment 1A-91, General Plan
Amendment IB-91, Zone Change No. 1-91 and Zone Variance No. 4-91
was deemed complete in accordance with Government Code Sections
66498.1 and 66474.2, except for the park and recreation fees
discussed within Sections 12.4 and 12.5 and the low- and moderate-
income housing fees discussed within Section 12.6 above.
12.8 Subseauent Actions. city shall timely process any
applications for entitlements (including vesting tentative tract
Ordinance Number /~I/~
maps, tentative tract maps, conditional use and use permits), or
other discretionary approvals or entitlements contemplated by the
Development Plan, and any grading, construction or other permits
filed by Developer in accordance with the substantive development
standards set forth in the Development Plan.
13. Rules. Reaulations and Official Policies.
, 13.1 New Rules. This Agreement shall not prevent City
from applying the following new rules, regulations and policies:
(a) Processing fees and charges imposed by City to
cover the estimated actual costs to City of processing applications
for development approvals, for monitoring compliance with any
development approvals, or for monitoring compliance with
environmental impact ,mitigation measures.
(b) Procedural regulations relating to hearing
bodies, petitions, applications, notices, findings, records,
hearings, reports, recommendations, appeals and any other matter of
procedure.
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(c) Regulations governing construction standards
and specifications including, without limitation, the City'S
Building Code, Plumbing Code, Mechanical Code, Electrical Code, and
Fire Code provided that such construction standards and
specifications are applied on a City-wide basis.
(d) Regulations which are not in conflict with the
Development Plan or this Agreement.
(e) Regulations which are in conflict with the I
Development Plan or this Agreement to which Developer has converted
in writing.
13.2 Subseauent Actions and ADDrovals. In accordance
with Government Code Section 65866, this Agreement shall not
prevent city in subsequent actions applicable to the Property from
applying new rules, regulations and policies which do not conflict
with those existing rules, regulations and policies set forth in
the Development Plan, nor shall this Agreement prevent city from
denying or conditionally approving any subsequent development
project application on the basis of such existing or new rules,
regulations and policies.
13.3 State and Federal Laws. In the event that state or
federal laws or regulations, enacted after this Agreement is
executed, prevent or preclude compliance with one or more of the
provisions of this Agreement, such provisions of this Agreement
shall be modified or suspended as may be necessary to comply with
such state or federal laws or regulations; provided, however, that
this Agreement shall remain in full force and effect to the extent
it is not inconsistent with such laws or regulations and to the
extent such laws or regulations do not render such remaining
provisions impractical to enforce.
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14. Amendment or Cancellation of Aareement. This Agreement
may be amended or canceled in whole or in part only by mutual
consent of the parties in the manner provided for in Government
Code Section 65868.
15. Enforcement. Unless amended or canceled as provided in
Section 14, or modified or suspended pursuant to Government Code
Section 65869.5, this Agreement is enforceable by either party
hereto notwithstanding any change in any applicable general or
specific plan, zoning, subdivision or building regulation or other
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/%-z.
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Ordinance Number
applicable law or regulation adopted by city (or by the voters of
city unless found by a court of competent and final jurisdiction to
prevail over this Agreement) which alters or amends the Development
Plan or the timing of any development.
16. Periodic Review of Compliance with Aareement.
16.1 Periodic Review. city and Developer shall review
this Agreement at least once every six (6) months from the date
this Agreement is executed in accordance with the procedures set
fo~th in section 28-2766 of the Code of the city of Seal Beach,
California. city shall notify Developer in writing of the date for
review at least thirty (30) days prior thereto.
,
16.2 Good Faith Compliance. During each periodic
review, Developer shall be required to demonstrate good faith
compliance with the terms of this Agreement.
17. Events of Default.
17.1 Default bv Developer. If City determines on the
basis of substantial evidence that Developer has not complied in
good faith with, the terms and conditions of this Agreement, city
shall, by written notice to Developer, specify the manner in which
Developer has failed to so comply and state the steps Oeveloper
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 Developer has failed to so comply, Developer does
not, commence all steps reasonably necessary to bring itself into
compliance as required and thereafter diligently pursue such steps
to completion, then Oeveloper shall be deemed to be in default
under the terms of this Agreement and City may terminate this
Agreement, seek specific performance as set forth in section 17.2,
or invoke any other remedies afforded by law.
17.2 Specific Performance Remedv. Due to the size,
nature and scope of the Project, and due to the fact that it will
not be practical or possible to restore the property to its natural
condition once implementation of this Agreement has begun, the
parties acknowledge that money damages and remedies at law
generally are inadequate and that specific performance is
appropriate for the enforcement of this Agreement. Therefore, the
remedy of specific performance shall be available to all parties
hereto. This subsection shall not limit any other' rights,
remedies, or causes of action that any party may have at law or
equity.
18. Institution of Leoal Action. In addition to any other
rights or remedies, either party may institute legal action to
cure, correct or remedy any default, to enforce any covenants or
agreements herein, to enjoin any threatened or attempted violation
hereof, to recover damages for any default, or to obtain any other
remedies consistent with the purpose of this Agreement. Any such
legal action shall be brought in the Superior Court for Orange
County, California.
19. .waivers ADd Delavs.
19.1 Waiver. Failure by a party to insist upon the
strict performance of any of the provisions of this Agreement by
the other party, and failure by a party to exercise its rights upon
a default by the other party hereto, shall not constitute a waiver
of such party's right to demand strict compliance by such other
party in the future.
Ordinance Number /.34#2.
19.2 Third Parties. Nonperformance shall not be excused
because of a failure of a third person except as provided in
Section 19.3 below.
19.3 Force Ma;eure. Neither party shall be deemed to be
in default where failure or delay in performance of any of its
obligations under this Agreement is caused by floods, earthquakes, I
other Acts of God, fires, wars, riots or similar hostilities,
strikes, other labor difficulties, federal or state government
regulations, court actions, or other causes beyond the party's
cOlltrol.
20. 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:
city of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Attn: Director of Development Services
James R. Watson
101 Main Street, Suite A
Seal Beach, CA 90740
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.
TO CITY:
TO DEVELOPER:
21. Attornevs' Fees. If legal action is brought by either
party against the other for breach of this Agreement, or to compel
performance under this Agreement, the prevailing party shall be
entitled to an award of reasonable attorneys' fees and costs.
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22. Transfers and Assianments.
22.1 Bight to Assian. Developer shall have the right to
sell, transfer or assign the Property in whole or in part (provided
that no such partial transfer shall be permitted to cause a
violation of the Subdivision Map Act, Governlllent Code section
66410, ~ ~.) to any person, partnership, joint venture, firm or
corporation at any tillle during the term of this Agreement;
provided, however, that any such sale, transfer or assignment shall
include the assignment and assumption of the rights, duties and
obligations arising under or from this Agreement and shall be made
in strict compliance with the following conditions precedent:
(a) No sale, transfer or assignment of any right or
interest under this Agreement shall be made unless made together
with the sale, transfer or assignment of all or a part of the
Property.
(b) concurrently with any such sale, transfer or
assignment, or within fifteen (15) business days thereafter, I
developer shall .notify city, in writing, of such sale, transfer or
assignment and shall provide city with an executed agreement, in a
form reasonably acceptable to city, by the purchaser, transferee or
assignee providing that the purchaser, transferee or assignee
expressly and unconditionally assumes all the duties and
obligations of Developer under this Agreement. '
(c) Concurrently with any such sale, transfer or
or within fifteen (15) business days thereafter,
assignment,
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Ordinance Number ~~,
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Developer shall provide City with written evidence and
documentation, of a form and substance satisfactory to City,
demonstrating the experience, capability, competence, and financial
ability of the proposed buyer, transferee, or assignee to carry out
and complete development of the Project in accordance with the
terms of this Agreement. :
Any sale, transfer or assignment not made in strict compliance
with the foregoing conditions shall constitute a default by
Developer under this Agreement.
22.2 Release of Transferrina Owner. Notwithstanding any
sale, transfer or' assignment, a transferring Developer shall
continue to be obligated under this Agreement unless such
transferring Developer is given a written release by City, which
release shall be provided by City upon the full satisfaction by
such transferring Developer of the following conditions:
.' (a) Developer no longer has a legal or equitable
interest in any part of the Property.
(b) Developer is not in default under this
Agreement.
(c) Developer has provided City with the notice and
executed agreement required under paragraph (b) of Subsection 22.1
above, and with evidence and documentation satisfactory to City as
required under paragraph (c) of Subsection 22.1 above.
23. CooDeration in the Event of Leaal Challenae. In the
event of any legal action instituted by a third party or other
governmental entity or official challenging the validity of any
provision of this Agreement or of the approvals set forth in
Exhibit C, the parties hereby agree to cooperate in defending such
action. Developer agrees to reimburse city for its costs and legal
expenses. In addition, if in any such action there is an order,
ruling, or judgment which includes a requirement that the City pay
or reimburse any party for legal fees or costs incurred in
connection with that action, Developer hereby agrees that it will
pay such fees and costs.
24. Proiect as a Private Undertakinq. It is specifically
understood and agreed by and between the parties hereto that the
development of the Project is a private development, that neither
party is acting as the agent of the other in any respect hereunder,
and that each party is an independent contracting entity with
respect to the terms, covenants and conditions contai~ed in this
Agreement. No partnership, joint venture or other association of
any kind is formed by this Agreement. The only relationship
between City and Developer is that of a government entity
regulating the development of private property by the owner of such
property.
25. Eminent Domain. No provision of this Agreement shall be
construed to limit or restrict the exercise by City of its power of
eminent domain.
26. Authoritv to Execute. The person executing this
Agreement on behalf of Developer warrants and represents that he
has the authority to execute this Agreement on behalf of the
developer and to pind Developer to the performance of its
obligations hereunder.
27. Recordation. This Agreement and any amendment or
cancellation hereto shall be recorded in the Office of Official
~ecords of the County of orange, by the City Clerk within the
Ordinance Number ~,;~
period required by Section 65868.5 of the Government Code.
28. Protection of Mortaaae Holders. Nothing contained herein
shall limit or interfere with the lien of mortgage holders having
any mortgage made in good faith and for value on any portion of the
Property. "Mortgage holder" includes any beneficiary under any
deed of trust encumbering the property, and "mortgage" includes any
deed of trust.
29. Severabilitv 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.
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30. Subseauent Amendment to Authorizina statute. This
Agreement has been entered into in reliance upon the provisions of
the statute governing development agreements (Government Code
section 65864 - 65869.5 inclusive) in effect as of the Agreement
Date. Accordingly, subject to section 13.3 above, to the extent
the subsequent amendment to the Government Code would affect the
provisions of this Agreement, such amendment shall not be
applicable to the Agreement unless necessary for this Agreement to
be enforceable or unless this Agreement is modified pursuant to the
provisions set forth in the Agreement and Government Code section
65868.
31. Interpretation and Governina Law. This Agreement and any
dispute arising hereunder shall be governed and interpreted in
accordance with the laws of the State of California.
32. Section Headinas. All section headings and
are inserted for convenience only and shall not
construction or interpretation of this Agreement.
subheadings
affect any
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33. Incorporation of Recitals and Exhibits.
through J and attached Exhibits "A" through "E"
incorporated herein by this reference as though fully
fulL
Recitals A
are hereby
set forth in
34. Rules of Construction and Miscellaneous Terms.
34.1 Gender. The singular includes the plural; the
masculine gender includes the feminine; "shall" is mandatory, "may"
is permissive.
34.2 Time of Essence. Time is of the essence regarding
each provision of this Agreement in which time is an element.
34.3 Coooeration. Each party covenants to take such
reasonable actions and execute all documents that may be necessary
to achieve the purposes and objectives of this Agreement.
35. Effect on Title. Developer and City agree that this
Agreement shall not create an encumbrance on any portion of the
property which is sold to a purchaser of a home or an ultimate user
of any portion of the Property to be used for other than
residential purposes.
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Dated:
, 1991
JAMES R. WATSON
By:
"Developer"
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Ordinance Number ~
Oated,~t" 4t .199'
CITY OF SEAL BEACH, a municipal
corporation of the state of
:::Oi,a ~ g;J~
Mayor
"City"
APPROVED AS TO FORM:
BY:~ cnt. 8fJAf/"J
~. City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Parcel A, consisting of:
Lots 30, 32, 34, and 36, in Block 217 of Tract 10,
"Anaheim Bay Tract", in the city of Seal Beach, County of
Orange, State of California, as per map recorded in Book
9, page 10 of Miscellaneous Map, in the Office of the
County Recorder of said County.
Parcel B, consisting of:
Lots 27, 29, 31, 33 and 35, in Block 216 of Tract 10,
"Anaheim Bay Tract", in the City of Seal Beach, County of
Orange, state of California, as per map recorded in Book
9, Page 10 of Miscellaneous Map, in the Office of the
County Recorder of said County.
Parcel C, consisting of:
Lots 28, 30, 32, 34 and 36, in Block 217 of Tract, 10,
"Anaheim Bay Tract", in the City of Seal Beach, County of
Orange, State of California, as per map recorded in Book
9, Page 10 of Miscellaneous Map, in the Office of the
County Recorder of said County.
* * * *
Ordinance Number ~
EXHIBIT -8n
PERMITS AND APPROVALS CONSTITUTING DEVELOPM~ PLAN
RESOLUTION NUMBER 1635
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROvING VARIANCE 4-91, ALLOWING FOR
SHARED USE LOADING ZONES/PARKING AREAS IN CONJUNCTION
WITH THE CONSTRUCTION OF THREE (3) NEW COMMERCIAL
SUILDINGS.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS,
WHEREAS,
WHEREAS,
~HEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
on April 23, ]991, J~s R. Watsoft filed an application with the
Department of Development Ser,ices for Zone Change l.gl, Variance
4.9), General Plan Amendments IA.91 and 18-91: and
the applicant is requesting to change the zoning and General Plan
des~gnation of nine (9) lots from General Commercial, (C.2) to
Residential Medium Density, (RMD). Additiona"y, the applicant is
proposing a variance from Section 28.1402 of the Code of the Ci11
of Sea' Beach as it pertains to 10adin9 zones. The applicant is
proposing a dual use loading zone/parklng area for each of the
three (3) commercia' lots; and
the subject property Is lega'ly described as:
Parcel A, consisting of:
Lots 30. 32. 34 and 36, in Block 217 of Tract 10, "Ar.aheim Bay
Tract", in the City of Seal aeach, County of Orange, State of
California, as per ma~ re,~rded in Book 9, Page 10 of
Miscellaneous Hap, in the Office of the County Recorder of Said
County.
Parcel B, consisting of:
Lots 27, 29, 31, 33 and 35, in Block 216 of Tract 10, "Anaheim Bay
Tract", in the City of Seal Beach, County of Orange, State of
California, as per ~~p recorded in Boo~ 9, Page 10 'of
Miscellaneous Map, in the Office of the County Recorder of Said
County.
Partel C, consisting of:
lots 28, 3D, 32, 34 and 36, in Block 217 of Tract 10, "Anaheim Bay
Tract", in the City of Seal BeaCh, County of Orange, state of
California, as per map recorded in Book 9, Page 10 of
Miscellaneous Map, in the Office of the County ~ecorder of Said
County; and
the subject property is comprised of fourteen (14) lots, each
measuring 25' x 100'. Presently, twelve (12) of the Jots are
zoned C-2 and the rem4inlng two (2) lots are zoned RHO: and
Building Permit reCQrds indicate the subject property, formerly
the site of the Rum Runners restaurant and prior to that the Ranch
House cafe, has been utilized for restaurant purposes for over 43
years; and
Staff has prepared An initial en~ironment,l assessment and
proposed'Negative Declaration as required by the California
EnvironmentAl QUAlity Act (CEOA). Staff received comments back
from several governmental entities. The California Coast~)
Commission has expressed concerns over the compatibility' of this
request with the Coastal Act: and
a duly noticed publ;c hearing WAS held on June 5, 1991 to consider
Variance 4.91: and
the Plannl~g Commission makes the follow1ng ~Indings:
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'Ordinance Number ~~41~
EXHIBIT "8"
PERMITS AND APPROVALS CONSTITUTING DEVELOPMENT PUN
91anning Commission Res. No. 1635
Page 2
The proposed Variance is in confo~ity ~th the General Plan
which designates t~e subject property for General Commercial
uus.
2. There are special circumstances applicable to the subject
I properties which, through the strict application of the
zoning code, deprive the property of privileges enjoyed by
other property In the same vicinity and zone.
1.
3.
Specifically, the size of the lots (25' l 100') requires
over 50% of the lot to be uses for loading zone and parking
areas and the proposed ~.nner in which the properties are to
be developed (Office and low-intensity retail) will not
require a full-sized loading zone.
The gr~nting of Variance request 4.91 will not constitute
the ir~nting of a speCial privilege Inconsistent with other
limitations upon other properties in the same vicinity and
zone.
Specifically, the zoning ordinance requires a 22' l 25'
loading zone adjacent to the alley for commercial buildings
located on 25 foot wide lots. This requirement is to
provide a loading zone for large delivery trucks (i.e.
tractor.trailers). In cases where a building is designed
for office uses or low intensity retail uses which do not
require deliveries from large trucks or deliveries at 11',
the Planning Co~ission in the past has permitted
elimination of the loading zone or has approved a smaller
loading zone or the dual use of one or more parking spaces
as a loading zone.
NOW, THEREFORE BE JT RESOLVED that the Planning Commission of the City of Seal
Beach does hereby approve of Variance 4-91, subject to the following
cond~tions:
1. Va~iance 4-91 is approved for the prevision of shared use parking
areas/leading zones in conjunction with the construction of three (3)
new corrrnerci,al buildings.
2. The applicant shall comply with all conditions of approval of Zone
Change 1-91 as adopted through Resolution 1634.
3. Variance 4.91 shall take affect one (1) day after the second reading of
the ordinance adopting Zone Change 1.91.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting therec~ held on the 5th day of June, 1991, by the follOwing
vote:
AYES: Commissioners Fife. SharD. McCurdv. Orsini. Dahlman
NOES: Commissioners
ABSENT: Commissioners ...
/, e Whittenberg, Secretary
~Planning Commission
ordinance Number ~~41~. -
~.
zxalS1T -&"
gV'71I't c....n-lT ..T .r.N. AS & ~~ED.
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Ordin~nc~ Number ,~~~~.
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EXHIBIT "B"
PERMITS AND a.PPROVALS eONSTITtlTING DEVELOPMENT PLAN
RESOLUTION NUMBER 1634
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAl
OF ZONE CHANGE 1.91, CHANGING THE ZONING OF NINE (9)
LOTS FROM GENERAL COMMERCIAL (C-2) TO RESIDENTIAL
MEDIl.tI DENSITY (RHO).
THE P~NNING COMMISSION OF THE CiTY OF SEAL BEA~H DOES HEREBY RESOLVE:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
on April 23, 1991, James R. Watson filed an applieation with the
Department of Development Servic~s for lone Change 1.91, Variance
4-91, General Plan Amendments lA-VI and 18-91; and
the applicant is requesting to change the zoning and General Plan
designation of nine (9) lots from General Commercial, (C-2) to
Residential Medium Density, (RHO). Additionally, the applicant is
proposing a variance from Section 28-1402 of the Code of the Citv
of Seal 8each as it pertains to loading zones. The applicant is
proposing a dual use loading zone/parking area; and _
the subject property is legally described as:
Parcel A, consisting of:
Lots 30, 32, 34 and 36, in Block 217 of Tract 10, "Anaheim Bay
Tract", in the City of Seal Beach, County of Orange, State of
California, as per map recorded in Book 9, Page 10 of
Miscellaneous Map, in the Office of the County Recorder of Said
County.
Parcel B, consisting of:
Lots 27, 29, 31, 33 and 35, in Block 216 of Tract, 10, oAnaheim 8ay
Tract", in the City of Seal Beach, County of Orange, State of
California, as per map recorded in Book 9, Page 10 of
Miscellaneous Map, in the Office of the County Recorder of Said
County.
Parcel C, consisting of:
Lots 2B, 3D, 32, 34 and 36, in Block 217 of Tract 10, "Anaheim Bay
Tract", in the City of Seal Beach, County of Orange, State of
California, as per map recorded in Book 9, Page 10 of
Miscellaneous Map, in the Office of t~ County Recorder of Said
County; and
the proposed zone change is enclosed as "Attachment A": and
the subject property is comprised of fourteen (14) lots, each
measuring 25' x 100'. Presently, twelve (12) of the lots are
zoned C-2 and the remaining two (2) lots are zoned RHO; and
Building Permit records indicate the subject property, formerly
the site of the Rum Runners restaurant and prior to that the Ranch
House cafe, has been utilized for restaurant purposes for over "43
years; and
Staff has prepared an initial environmental assessment and
proposed Negative Declaration as required by the California
Environmental Quality Act (CEQA). Staff receiv~ comments back
from several. governmental entities. The California Coastal
Commission hts expressed concerns over the compatibility of this
request with the Coastll Act; and
a duly noticed public hearing was held on June 5, 1991 to consider
Zone Change 1.91: and
Ordinance Number ;I~~~
WHEREAS,
"
EXHIBI'l' -B"
PERMITS AND APPROVALS CONSTITUTING DEVELOPMENT PLAN
Planning Commission Res. No. 1634
Page 2
the Planning Commission makes the following findings:
1. The proposed Zone Change 1-91 is in conformity with the
General Plan as amended through General Plan Amendments lA-
I 91 and IB.91.
2. The proposed Zone Change and accompanying General Plan
Amendments will provide I less intens1ve use than 1s
presently allowed under current General Plan and zon1ng
designat1ons. '
3. ThIs proposal will result 1n an annul1 positive net revenue
flow (total revenues.totll costs) to the City of between
$12,298 and $18,S98 depending on whether the parkS and
recreation fees are invested.
4. This proposal will generate 176 vehicle trips per ~ekday,
over 300 less trips per day thin the next closest
alternative.
S. This proposal will create five (5) new on-street public
parking spaces through the abandonment of existing curb
cuts.
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The low-rise, one-story commercial buildings and two-story
homes are compatible with the surrounding residential
neighborhood.
HOW, THEREFORE BE IT RE~OLVED that the Planning Commission of the City of Seal
Beach does hereby recommend approval of Zone Change 1-91 to the City Council,
subject to the following conditions:
1. Zone Change 1-91 is hereby approved changing the zoning of nine (9) lots
~ from General Commercial, (C-2) to Residential Medium Density, (RMD) as
exhibited in "Attachment AU,
A noise analysis will be required prior to issuance of Building Permits
for any structures to ensure that the existing noise requirements of the
Code of the Citv 01 Seal Beach are met, All recORmended conditions to
comply w1th the acoustical analysis shall be complied with as part of
the Plan Check and Building Permit process.
The applicant shall draft a reciprocal parkin9 agreement for the three
(3) commercial buildings Ind shall provide saId a9reement to the City
for review and approval prior to Building Permit lssuance,
An e;ght (8) foot block wal' shall be Installed between the commercial
properties and the adjacent re~idences.
The southerly wall of each of the commercial buildings shall be faced to
match the eight (8) foot commerr.ial/residential separation wall.
6. All utilities running along the alleys shall be located underground
along the entire length of the project.
7. The applicants shall meet all additional conditions placed upon the
proposed use during the plan check process by any sanctioning body
including, but not limited to, the City's Building Ind Engineering
Departments, the Orange County Fire Department, the California Coastal
CommiSSion and CALTRANS.
B. A trash enclosure matching the adjacent eight (B) foot block wall shall
be installed off of the alley at each of the three (3) commercial lots.
2.
3.
4.
5.
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Ordinance Number L.J ~~
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EXHIBIT -B"
PERMITS AND APPROVALS CONSTITUTING DEVELOPMENT PLAN
Pllnn'ng Comnriss'on Res. No. 1634
Page 3
A more detailed landscape plan shall be designed and submitted to the
Department of Development Services for approval. Said landscape plan
will identify the following:
I. Plant types, sizes, location and irrigation proposed. Native,
drought tolerant species Ire encouraged.
b. Percentage of landscaped area for each of the three commercial
buildings. Said landscaped Ire a shall not be less than 10' for
any of the commercial lots.
c. The proposed location of all street trees required by the City.
Said location and types of trees to be reviewed and approved by
the City Engineer.
10. The appl'cant shall install I fire hydrant It the southeasterly corner
of Plcific Coast Highway Ind 17th Street. The exact location to be
provided by the City's Engineering Department.
11. The applicant shall comply with the requirements of the Government Code
if low income housing or some contribut'on thereto is mandated.
II.
The applicant shall pay the City a fee of $10,000 per unit ($90,000
total) to offset impacts on the City's parks and recreation facilities
caused by the nine (9) newly-zoned residential properties.
PASSED, APPROVED AND ADOPTED by the Planning Commiss'on of the City of Seal
Beach at a meeting thereof held on the 5th day of June, 1991, by the following
vote:
12.
,
ABSENl: Commissio~ers
Ordinance Number /J I~
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EXHIBIT -Bn
PERKITS AND A'PPROVALS CONSTITUTING DEVELOPMENT PLAN
RESOLUTION NUMBER 1633
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF GENERAL PLAN AMENDMENT IB-91, AMENOING TABLE 16 OF
THE HOUSING ELEMENT TO REPRESENT THE INCREASE OF 0.5
ACRES OF RESIDENTIAL MEDIUM DENSITY LANO WITHIN THE
CITY AIID A DECREASE OF 0.5 ACRES OF GENERAL COIt1ERCIAI.
~D.
THE PLANNING CMIISSION OF THE CITY OF'SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS.
on April 23, 1991, James R. Watson filed an application with the
Department of Development Services for Zone Change 1-91. Variance
4-91. General Plan Amendments lA-9l and IB-91; and
the applicant is requesting to change the General Plan designation
and zoning of nine (9) lots from General Commercial. (C-2) to
Residential Medium Density, (RHO); and
the subject property is legally described as:
Parcel A, consisting of:
Lots 30, 32, 34 and 35. in Block 217 of Tract 10, "Anaheim Bay
TractO, in the City of Seal Beach, County of Orange. State of
California, as per map recorded in Book 9, Page 10 of
Miscellaneous Hap, in the Office of the County Recorder of Said
County.
Parcel B, consisting of:
lots 27, 29. 31, 33 and 35, in Block 216 of Tract 10, "Anaheim Bay
Tract", 1n the City of Seal Beach, County of Orange, State of
California, as per map recorded in Book 9, Page 10 of
Miscellaneous Hap, in the Office of the County Recorder of Said
County.
Parcel C. consisting of:
Lots 28, 30, 32, 34 and 35, in Block 217 of Tract 10, "AnaheiM Bay
TractO, 1n the City of Seal Beach, County of Orange, State of
California, as per map recorded in Book 9, Page 10 of
Miscellaneous Map, 1n the Office of the County Recorder of Said
~ounty: and
the proposed zone change is enclosed as "Attachment A"; and
the subject property is comprised of fourteen (14) lots, each
measuring 25' x 100'. Presently, twelve (12) of the lots are
zoned C.2 and the remaining two (2) lots are zoned RHO; and
Staff has prepared an initial environmental assessment and
proposed Negative Declaration as required by the California
Environmental Quality Act (CEQA). Staff received comments back
from several governmental entities. The California toastal .
Commission has expressed concerns over the compatibility of this
request with the Coastal Act: and
a duly noticed public hearing was held on June 5. 1991 to consider
General Plan Amendment IB-91; and
.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS.
the Planning Comnrlssion makes the following findings:
1. The proposed General Plan Amendment and accompanying Zone
Change will provide a less intensive use than is presently
allowed under current General Plan and zoning designations.
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, "_O~dinance Number
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EXHIBIT -S"
PERHI'I'S AND ~'PPROVALS eoNSTI'l'UTING DEVELOPMENT PLAN
Planning Commission Res. No. 1633
Page Z
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Ordinance Number ~~~
EXHIBIT "B"
PERMITS AND APPROVALS CONSTI'l'U'l'ING DEVELOPMP:NT PLAN
REsoumON NUMBER ~/;/
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A RESOLUTION OF 1HE CITY COUNcn. OF 1HE CITY OF
SEAL BEACH APPROVING OENERAL PlAN AMENDMENT III-
91. AMENDING TABLE 16 OF mE HOUSING ELEMENT 1'0
REPRESENT mE INCREASE OF 0.5 ACRES OF RESIDENllAL
MEDIUM DENSm u.ND WmUN lHE CITY AND A .
DECREASE OF 0.5 ACRES OF Oa.'ERAL COMMERClAl. lAJI/D.
mE CnY COUNCn. OF 1HE cm OF SEAL BEAOI DOES HEREBY RESOLVE:
WHEREAS, OD April 23, 1991, lames R. WalSOD 6Ied aD applicalioD wilh Ihe Depanment or
DevelopmeDt Se~es for ZDoe CbaDee 1.91. Variaoce <&.91, OeDeral PIaD AmeDdmeDts
lA.91 aDd 1B.91; aDd
WHEREAS, the applicaol is requesliDg to chaDge tbe GeDeral PlaD desigDatioD aDd ZODiDe or DiDe (9)
lots Crom OeDeral Commercial, (C2) 10 Residelltial Medium DeDsi!)', (RMD); aDd
WHEREAS, the subject propenies are Ieeally descn'bed as:
Parcel A. CDDsiSliDe oC:
Lots 30, 32, 34 aDd 36, ID Block 217 of Tract 10, oAoaheim Bay Trac:t", iD the Oty or Seal
Beach, CoUDty of Oraoee, Slale of CaIiloroia, as per map recorded iD Book 9, Page 10 or
MisceUaocous Map, iD the Office or the CoUDty Recorder or Said CoUDty.
Parcel B, CDDsiSliDe oC:
loIS 27, 29,31,33 aDd 35. iD Block 216 of Tract 10, oAoaheim Bay Tract", iD the City or
Seal Beach, CoUllty of OraDge, Slate of Califoroia, as per map recorded iD Book 9, Page
10 of MisceUaDcous Map, iD the Office of tbe CoUDty Recorder of Said CoUllty.
Parcel C. CDllsiSliDg of:
Lots 28, 3D, 32, 34 alld 36, iD Block 217 of Tract 10, "Aoabeim Bay Tract", iD tbe City of
Seal Buch, CoUllty of OraDge, Slale of Califoroia, as per map recorded iD Book 9. Page
10 of MisceUaDcous Map, iD the Office of Ibe CoUDty Recorder of Said CoUllty; alld
WHEREAS, the subject proper!) is CDmprised of rouneell (14) lots, each measuring 25' ]I 100'.
PrescDlly, twelve (12) of the lots are zoDed C.2 aDd the remaioiDg two (2) 1015 are zoDed
RMD; aDd
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WHEREAS, Slalf bas prepared aD iDilia) eDYiroDlIleDw a~e~meDI aDd proposcd Negalive
DtclaralioD as required by the Calif\lrDia EDviroDmeDtal Quality Ac:t (CEQA). Slalf
received CO_IS back from leYeralgovel'\lllleDtal eDlilies. The Califoruia CoaSlal
CommiSSiOD hIS expressed coDcenlS over Ibe compatibility or this request wilh tbe I
CoaSlal ACI; aDd
WHEREAS. a duly DOliced public hearing was beld by tbe PlallmDg CommissioD OD JUDe S, 1991 to
CDDsider GeDeral PlaD AmeDdmeDI IB.91: aDd
WHEREAS, the P)aDmllg CommissioD received exteDsr.-e public testimoDY, wilh DiDe (9) persaDS
speakiog iD favor of the requesl aDd ODe (1) persaD speakiog iD OpposilioD; aDd
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Ordinance Number ~~~
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ZXHIBIT "B"
PERMITS AND APPROVALS CONSTITUTING DP:VELOPMENT PLAN
Cil)' QluDCiJ RelDlutioa No. ~
Pa,e 2
WHEREAS. tbe P1aDaiag CommissioD lD8de Ibe foUawiDg fil11liags aDd approved the subjeC'\ Gellera!
PIaD AmeDdmeaI 011 JUDe 5, 1991 by uDaaimous VOle:
1. 'Ibe proposed Geoeral PIaD AmeodmeDI aDd accompaDyiD, ZoDe CaaD,e will
provide a less IDleDsive use lbau is prescDII)' allowed UDder c:urreDI GeDeral PIaD
ad zoailll desi,J1ll1ioas.
2. 1bis proposal will resulllD aD lDaUa! posilive Del reveDue Daw (101aI reveDues-
total COSIS) to tbe City or belWcea 512,298 ADd 518,598 depeDdID, OD wbether the
parks IDd rea-ealioD fees are IDvesled.
3. 'Ibis proposal will geDerale 176 vebicle lrips per weekday, over 300 less lrips per
day IbaD Ibe Dell c10sesl Iltemalive.
4.
'Ibllo rroposal will roeate five (5) Dew OD.streel public parkiD, spaces IMou,b the
IbaDd~'"itn.Dt c! ,-~' .;'J6 curb cuts.
'Ibe Iow.rise, oDe.story coD1Dlerdal buDdID,s IDd IWO-SIOry bouies Ire compalible
wilb Ibe surrouDdiag resideDlial Deigbborbood; aDd
WHEREAS, the Cil)' CouoeD DOliced a public bearlag OD JUDe 2.4, 1991; aDd
5.
WHEREAS, Ibe Cil)' CouoeD received 1010 evideDce Ibe Report of Ibe Plalllliag Commission.
IDcludiDg Ibe Staff Report dated JUDe 5, 1991, PlanaiDg CommissioD ResolulioD No.
1633, aDd Ibe Minules or Ibe PlaDniDg Commission meellDg of Juue 5, 1991. la addition.
tbe Cil)' CouDcil coDsidered IU ",,"neD aDd oral evideDcc preseDled II Ibe lime or Ibe
public bearlag; aDd
WHEREAS. al tbe coDclusioD or tbe public bearlag. based UpoD Ibe evideace preseDted, Ibe Cil)'
Coullcil delennilled 10 certify Negalive DeclaraooD 4.91 IlId approve Gellera) PlaD
AmeDdmeDt #IB.91.
NOW, 1HEREFORE BE IT RESOLVED Ibat tbe Cil)' GouDeD or Ibe City or Seal Beacb does bereby
approve GeDeral PlaD AmeDdmeDI IB-91. subjecl 10 Ibe foUawiDg CODdilioD5:
1. Tatole 16 or Ibe Housing E!emeDI sbaU be ameDded 10 represeDt Ibe iDcrease or 0.5 Icres
or medium deDsity resideDlia! laDd witbiD tbe City aDd Ibe decrease or O_~ acres or
geDeral commerciallaDd.
PASSED, APPROVED AND
thereof beld OD Ibe
AYES: CouDc:Dmembers
Ibe City or Seal Beacb II I meeliDg
, 1991. by Ibe roUOIOlDg vole:
{tMUnt-l
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NOES: CouDcilmembers -4. b~Jl..- _ . . __
:;:1.-
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ABSENT: Couoc:Dmembers ('- ;~ I; if} lu;
Ordinance Number /~~~
EXHIBIT "Bn
PERMITS AND APPROVALS CONSTITUTING DEVELOPMENT PLAN
Cil)' Council Resolution No. tItJ~ t/
Page 3
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MAYOR r--
STATE OFCAUFORNIA )
COUJI-TI' OF ORANGE ) SS
CITY OF SEAL BEACH )
I, JO&lllle M. Yco. City Oerk or SuI beac" Calif.ruia, do hereby cenify that the roregoilli resolution is
the o~al copy or Resolution Number 4t1-l.!on me m the office of the City Oerk, passed, approved,
and a-tPted by the Ci until Q[,lhe City of Seal Beach. al a regular meelmglhercor held on Ihe
day or :r;:. 1991. '
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, Ordinance Number B~"t.
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EXHIBIT -II"
PERMITS AND APPROV~T.l': CONSTITUTING DI'VELOPMENT PLAN
RESoumON NUMBER~
A RESOUmON OF 1HE em COUNcn. OF 1HE CITY OF
SEAL BEACH APPROVING GENERAL PLAN AMENDMENT lA.
91, AMENDING mE SUMMARY TABU: OF EXISTING AND
PROPOSED LA.~D USES IN ACRES OF mE LAND USE
ElEMENT TO DEPICT mE INCREASE OF APPROXIMA1EL Y
ONE.HALF ACRE OF RESIDE.VJ1AL MEDltJM DENSIlY lJ\ND
AND A SIMILAR DECREASE IN GENERAL COMMERCIAL
lAND WIlHIN 1HE CrIY,
1HE CrIY COUNcn. OF 1HE CITY OF SEAL IlEAOi DOES HEREBY RESOLVE:
WHEREAS, on April 23, 1991, Jlmes R. WIlSOn med In Ipplication with the Department of
Development Services for q,ne Change 1.91, VarilDce C-91, General Plan Amendments
lA.91 and lB-91: and
WHEREAS, Ihe .ppliCllDt is requesting to chlnge the General PIaD designatioD IDd ZOoiDg oC nine (9)
1015 (rom GeDeral Commereial, (C2) to Residential Medium Density, (RMD); and
WHEREAS, the subject properties Ire legally descnDed IS foUows:
Parcel A. coJUiSling of:
Lots 30, 32, 3C Ind 36, in Block 217 of Trart 10, "Anaheim Bay Tract", In tbe City of Seal
Beach, County of OrlDge, Stlte of eaufornia, IS per mlp realrded in Book 9, Page 10 of
MisceUaaeous Map, In the'Office of Ihe County Recorder oC Said County.
Parcel B, coDsiSling of:
Lots 27, 29, 31, 33 IDd 35, in Block 216 of Tract 10, "Anaheim Bay Tract", in the City of
Seal Beach, County of OrlDge, Stile of California, as per map recorded in Book 9, Page
10 of MisceUlDeous Map, in tbe Office of the County Realrder of Said County.
Parcel Co consiSling oC:
LoIS 28, 30, 32, 34 aDd 36, in Block 217 oC Tract 10, "Anabeim Bay Tract", in the City of
Seal Beach, CoUDty of OraDge, Stlte of California, IS per map recorded in Book 9, Page
10 of MisceUIIlCOUS Map, in tbe Office of tbe County Recorder of Said CoUDty; Ind
WHEREAS, the subject property is comprised of founeeD (14) lots, eacb measuring ~. I lOll'.
PreseDlly, twelve (12) of the 1015 are zoDed C.2 and tbe remaining two (2) 1015 Ire zoned
RMD; Ind
WHEREAS, stlrr has prepared an initial eDViroDmentll lmelSmeDt Ind proposed Negalive
Declarltion IS required by the California EaviroDmCDlaI Quality Act (CEQA). Stiff
reuived CODlDleDIS Nck from severalgoveromental eDlities. The eaufornia CoaSlal
Coaunission has espressed CODceroS over tbe compalibility of this request '1itb tbe
CoaSlal Act: IDd
WHEREAS, I duly Doticed public bearing was held by tbe PlaDoiag Commission on JUDe 5, 1991 to
consider General Plan AmeDdmeDI lA-ill; aDd
Ordinance Number I'''~~
EXHIBIT -B"
PERMITS AND APPROVALS CONSTITUTING DEVELOPMENT PLAN
City CowIc:iI RClOlulioD No.1J."t.3 I
J;2
,
WHEREAS, she P1aDDiD& CownissioD received elneJlSivc public lestimoDY, v.1llllliDe (9) persollJ
Ipeaking ill bvor of the requcsl IDd ODe (I) penoD Ilptaking iD oppositioD; IDd
WHEREAS, the PIaDDio& OlmmissioD _de \he (oUtlOoill& fiDd.iogs aDd approved lhe aubject OeDeral
PIaD AmeDdmeDt OD 'uDe S, 1991 ~' UD&Ilimous VOIC:
1. lbe proposed OeDerl1 PIaD AmeDdmeDt aDd 'a:DmpIDyiDg ZoDC ChaDge will
provide. less iIIlcDslve use tbaD is preseDtly aUowed UDder curreDI OCDcral PIaD
'Dd zoDiog desigDllioos.
2. lbis proposal will rCSIIII ill ID IDJluaI positive Del reveDue now (total reveDucs-
tolll COSIS) to Ihe City of betweeD SI2.298 aDd S18,598 dcpeDdiD& OD whclher tllC
parks aDd recrealioD fees arc ilIvcsted.
3. lbis proposal will geDerllc 176.vehicle trips per weekclay, over 300 Icss trips per
day thlD Ihe Dell closcSl aherDllive.
.c.
lbis proposal will crcalc rlVc (5) DCW OD-strcel public parlWlg Ip'"s through the
ab.tuiollll\ClIt of ClisIiD& curb ailS.
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5.
lbe lDw-rise, oDNtOI)' coDlll\ercial buDdiDgs aDd two-S101)' homes Ire compalible
witb tbe surrouDd.iD& resideDtial Deighborhood; aDd
WHEREAS, the City CoUDc:iI DOliced a public beariDC OD JUDe 2.c, 1991; aDd
WHEREAS, tbe Cil)" CoUDc:iI received ilIlO evideDce the Report of the PIaDDiog Coaunissloa,
iIIcludiDg Ibe Slalf Reporl daled IUDe 5, 1991, PlaDuiog CoaunissioD Re50lulioD No.
1632, aDd Ihe MiDules of the PlaDDiDg CouunissioD meelin& of JUDe 5, 1991. 10 Iddilioa,
Ihe City CouDcil coDsidered aU ",TilleD aDd oral evideDce prcseDled IIthc lime of tbe
public beariDg; 'Dd
WHEREAS, It Ibe coDdusioD of Ibe public bearing. based UpoD Ihe evideDce prcseDled, tbe City
CouDciI delermiDed 10 certify Negalive DeclarllioD "-91 IDd approve OCDeral PlaD
AmeDdmeDt #IA-91.
NOW, lliEREFORE BE IT RESOL YED Ihal Ihe City CouDciI of Ihe Cil)' of Seal Beacb does bercby
approve OeDera) PlaD AmeDdmcDI lA-91, sut.jccI to tbe foUOIOillg coDdilioDS:
1. The SUDllI\ary Table of &iSling aDd PIOpoled lADd Uses hi Acrcs of the LaDd Use
ElemeDt sball be amcDded 10 depicl Ihe iDcrease of 0.5 acres of ResideDtial Medium
DCDsity IaDd wilhiD Ihe City aDd a decrease of 0.5 .cres of OeDcral CoDlll\erciallaDd.
PASSED, APPROVED AND,~.DM"ED by the
thereof held OD the 0G0 ~ cia)' 0
AYES: CouDc:ilmembcrs
. Coun . of tbe City of Seal Beacb 1\ I meeliDg
. 1991, by tbe (oUov.iIIg vole:
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NOES: CouDcilmembers
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Ordinan~e Number ~~~~,
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EXHIBIT "B"
PP:RKTTS AND APPROVALS CONSTITUTING DEVELOPMENT PLAN
City Couacil RCIDJuLioD No. ~
Pagc 3
ABSENT'~' ~vt.
VACANCY:CouDci1zncmbers 1
~AJ<L~ /-
MAYOR r--
STA~ OFCAllFORNlA )
COUNlY OF ORANGE ) S5
CITY OF SEAL BEAOI )
I. JoanDe M. Yeo, City Ocrk of Seal beac;b. Hlifornia, do bereb)' renif) Ibal Ibe foregoiDg rcsolulioD is
Ibe original copy of RcsolulioD NumberP~ OD me in Ibc office of Ibe Cil)' Oerk. passcd, approved,
IDJ!JJ!ICd b)' Ibe Ci~uDdJ of be Cil)' of SelIl Beach, II I rcgular meeling Ibereof beld OD Ihe
, day of . 1991.
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Ordinance Number /.311~
EXHIBIT -sn
PERMITS AND APPROVALS CONSTITUTING DEVELOPMENT PLAN
'I
ORDINANCE NUMBER /~~,
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AN ORDINANCE OF THE ern' COUNcn. OF nIE crrY OF
SEAL BEACH APPROVING ZONE CHANGE 1-91, CHANGING
mE ZONING OF Nll'o.'E (9) LOTS fROM GENERAL
COMMERCIAL (C-2) TO RESIDEmw.. MEDIUM DENSI1Y
(RMD) AT 1600 PACIFlC COAST HIGHWAY aDd 336 171h STREET
lHE CITY COUNCn. OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN:
WHEREAS, OD April 23, 1991,lllI)es R. WI\sOD rued ID IpplicalioD ".jlh the DepartmeDI of
DcvelopmeDI SelYic;es lor loDe ChaDse 1-91, Variaaa! 4.91, Gellerll PLaD AmeDclmeDIS
1A.91 IDd 18-91; IDd
WHEREAS, the IppliCIDI is requesling 10 change tbe zoDiDl IDd General Plan designalion of Dine (9)
IoIS (rom GeDeral CollUllercial, (C-2) 10 ResidCDlial Medium DeDsity, (RMD).
AddilioDally, tbe appliClDI requesled I varilDa! from SeclioD 28-1402 of the Code of tbe
Cir..' of Seal Beacb IS it pertains to Ioadius lODes. The IppliCIDI proposed aDd was
sraDled Ipproval of I dual use IoldinS lOneJparkins area; aDd
I
WHEREAS, Ibe subject property is legally desc:ribecl as:
Para!1 A, CODsistinS of:
Lots 30, 32. 34 aDd 36, ill Block 217 of TrlIl 10, . AIIaheim Bay TraIl", ill Ihe City of Seal
Buch, CoUDty of OraDge, Stale 01 Ca1ifonUl, as per map realrded in Book 9, Page 10 of
MisceUaacous Map, in Ibe OffICe ollhe CoUDty Realrder of Said County.
Plra!1 B, consisting of:
LoIS 27, 29, 31, 33 and 35, in Block 216 of Tracl 10, "AIIaheim Bay TraIl", in Ihe City of
Seal Beach, CoUDty DC Oraage, SUle oC Ca1iConUl, IS per map recorded. in Book 9. Page
10 DC MisceU~Dcous Map, in Ibe Office DC the Counl)' Recorder of Said CoUDI)'.
Para!1 C. coDsisting 01:
LoIS 28, 30, 32. 34 Ind 36, in Block 217 DC TrlIlI0, "A11lheim BIY TraIl", ill Ibe City of
Seal Belcb. CoUDty of OraDge, SUle 01 Calilorail, IS per map recorded in Book 9, Page
10 oC MiseeUaDeous Map, in the Office of Ibe CoUDI)' Recorder of Said CoUDl)'; and
WHEREAS, the proposed lODe cbange is enclosed as "AltacbmeDI A"; aDd
WHEREAS, lhe SIlhjcel property is comprised of fourteen (14) loIS, elch measuring 2!i' I 100..
Presenlly, twelve (12) DC Ibe IoIS are lOD.d C-2 aDd lb. remailling two (2) lots are lOD.d I
RMD; ..nd
WHEREAS, Building P.rmilrecords indical. lb. suhjecl prop.rty, form.rly lb. ~it. DC lb. Rum
RUDD.rs r.SlaUraDI aDd prior 10 Ibal lb. RaDcb House caC., bas beell utilized (or
reSlaurall1 purposes for oy.r 43 years; aDd
WHEREAS, Staff bas prepared aD initial enviroDm.ntal asscsm.DI aDd proposed Nesalive
Dec:laration as required by lbe CalilonUa Envirollmcnlal Quality Acl (CEQA). Stal[
received COllUlleDIS back froDlscvcraJ ,0yerDmeDlal eDlilics. The California Coaslal
Ordinance Number /3~~
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EXHIBIT -B"
PERMYTS AND APPROVALS CONSTYTUTYNG DEVELOPMENT PLAN
City CouDciI Or~Dce No. /:J4JI
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CommissioD bas expressed CODcenlS over &be compalibility of tbis request witb tbe
Coastal Arl; IDd
WHEREAS, I duly Doticed public bcariag was Iteld lIIIlulle 5, 1991 to coDsider ZoDe ChaDse 1-91;
aDd
WHEREAS, Ihe P1aDDing CoaunissioD received extensive public testimoDY, wilb Dine (9) persons
apcakiDg in favor of tbe requesl aDd ODe (1) persoD speakiDS in oppositioD; aDd
WHEREAS, Ibe PlaDDiDS CoDllllissioD made tbe foUavoiDg rlDdiDSs IDd approved tbe subject ZoDe
ChaDSe request OD JUDe 5, 1991 by UDanimous YOIe:
2.
The proposed ZoDe ChaDse 1-91 is in coDformity wilb tbe GeDeral PlaD a5
ameDded lbrouSb GeDeral PIaD AmeDdmeDls IA-91 aDd 1~.91.
The proposed ZoDe CbaDsr IDd accompaDyms GeDeral PlaD AmeDdmeDtS will
provide I Jess inleDsive lISC lbaD is preseDl1y lUowed UDder curreDI General PIaD
IDd zoDing desigDatioDs.
3. This proposal will resull in aD InnuaI posilive Del reveDue !low (Iolal reveDues-
10lal COSlS) to tbe City of berween $12,298 aDd $18,598 depeDdiDS OD wbelber Ibe
parks IDd recrealioD fees are invesled.
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4. This proposal will seDerate 176 vebicle trips per weekday, over 30ll less trips per
day thaD tbe DellI c10sesl Illernative.
5. This proposal will rrule rIYe (5) nN' on-Weel public parkins spaces througb Ibe
abandoDmrnt of uistiDS curb cuts.
6. The low-rise, ODt-Slory commercial buDdiDss and rw().Slory bomes Ire coLlpalible
wilb tbe surroundiDg residential neisbborbood; aDd
WHEREAS, tbe City CouDcil DOliced I publie bearing on JUDe 2A, J991; aDd
I
WHEREAS, tbe City CouDcil received into evidence Ibe Rep"" of Ibe PlaDDiDg Commission,
includiDS tbe S~1l" Report dated JUDe 5, 1991, PlanDiDg CoDllllissioD ResolulioD No.
1634, IDd Ibe MiDules of Ibe PlanniDg CoDllllissioD meeling of JUDe 5, 1991, lD addition,
tbe City CouDciI coDsidered .U wrilleD IUd oral evideDce preseDted .tlbe time of Ibe
public buriaS: Ind
WHEREAS. at Ibe coDclusioD of Ibe public bearing. based upon tbe evideDce preseDted, Ibe Cil)'
CouDcD determined 10 cerlify Ibe proposed Nesalive declaralioD,lDd Ipprove ZoDe
ChaDse 1-91.
NOW, lHEREFORE BE IT ORDAINED Ibal Ihe Cil)' CouDciI of Ibe Cil)' of Seal Beacb does bereby
approvl! ZoDe Change 1.91, cb.nging tbe zoDing of DiDe (9) JolS from GeDer.1 Commercial, (C2) 10
ResideDtial Medium DeDsity, (RMD).s ubibiled iD 'AII.ebmeDt A".
Qrdinance Number /31.2.
EXHIBIT liB"
PERMITS AND APPROVALS CONSTITUTING DEVELOPMENT PLAN
PASSED, APPROVED AND
thereof beld oa the
AYES: CouacilmeDlbcr
NOES: Couacilmembers
ABSENT: Couocilmembers
V ACANCY:Couocilmembers
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STAn: OF CAUFORSIA )
COU"'TI OF ORANGE ) SS
CITY OF SEAL BEACH )
City Couacil Orcliaaoce No. I~ ~ f1
~
uoci] ot_lbe City of Seal Beacb II I meeliag
~ 1991. by tbe foUowiog vOle:
~~,<L ~J -
MAYOR 4
J. Joaaae M. Yeo, City ~rk of Seal Beach, CaUforuia, do bereby "nif)' Ibal tbe foregoiag resolutioo is
tbe origiaal COP)' of Ordinance Number l/e~d 00 me ia Ibe office of tbe Cil)' Clerk, passed, IPf-roved,
lad ldoJ}led b)' tbe Ci~uDci] of Ibe City of Seal Beacb, II I regular meCliag Ibereof beld on tbe
/.2'1} cia)' of l...Ut $/LA r . 1991.
9;,u;0/;(}
i/ CITY CLER
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. Ordinance Number ~~~~
ZXIIIBIT .C.
'.
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D""".nPM!:N"!' PUN'. AS DmNnm
II
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Ordinance Number ~~~
.
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EXHIBIT -D"
CONDYTrONS OF A.PPROVAL PaR VARYANCE MO. .-gl
-<<ESOLUTlON NI.tt8ER 1&35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING VARIANCE 4.9I, ALLOWING FOR
SHARED USE LOADING ZONES/PARKING AREAS IN CONJUNCTION
WITH THE CONSTRUCTION OF THREE (3) NEW COMMERCIAL
BUILDINGS.
I.
~ME PlANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HERE8Y RESOLVE:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
'on April 23, 1991, James R. Watson filed an application with the
Department 01 Development Services for Zone Change 1-91, Variance
4.91, General Plan Amendments 1A-91 and 18-91; and
the applicant is requesting to change the zoning and General Plan
designation of nine (9) lots from General Commercial, (C-2) to
Residential Medium Density, (RMD). Additionally, the applicant is
proposing a variance from Section 28-1402 of the Code of the Cit~
~ as it pertains to loading zones. The applicant is
proposing a dual use loading zone/parking area for each of the
three (3l commercial lots; and
the subject Ilroperty is legally described as:
Parcel A, consisting of:
Lots 3D, 32, 34 and 36, in Block 217 of Tract 10, "Anaheim Bay
Tract", in the City of Seal Beach, County of Orange, State of
California, as per map recorded in,Book 9, Page ]0 of
Miscellaneous Hap, in the Office of the County Recorder of Said I
County.
Parcel B, consisting of:
Lots 27, 29, 31, 33 and 35, in Block 216 of Tract 10, "Anaheim Bay
Tract", in the City of Seal Beach, County of Orange, State of
California, as per map recorded in Book 9, Page 10 of
Hiscellaneous Map, in the Office of the County Recorder of Said
County.
Parcel C, consisting of:
Lots 28, 3D, 32, 34 and 36, 1n Block 217 of Tract 10,.oAnaheim Bay
Tract", in the City of Seal Beach, County of Orange, State of
California, as per map recorded in 800k 9, Page 10 of
Miscellaneous Hap, in the Office of the County Recorder of Said
County; and
the subject property is comprised of fourteen (14) lots, each
measuring 25' x 100'. Presently, twelve (12) of the lots are
zoned C-2 ana the remaining two (2) lots are zoned RHO; and
Building Permit records indicate the subject property, formerly
the site of the Rum Runners restaurant and prior to that the Ranch
House cafe, has been utilized for restaurant purposes for over 43
years; and
Staff has prepared an initial environmental assessment and
proposed Negative Declaration as required by the California
Environmental Quality Act (CEQA). Staff received comments back
from several governmental entities. The California Coastal
Commission has expressed concerns over the compatibility of this
request with the Coastal Act; and
a duly noticed public hearing was held on June 5, 1991 to consider
Variance 4.91; and
I
the Planning Commission makes the follow1ng findings:
The ~roposed Variance is in conformity with the General Plan
which designates the subject property for General Commercial
uses.
There are speCial circumstances applicable to the subject
properties which, through the strict application of the
zoning code, deprive the property of privileges enjoyed by
other property in the same vicinity and Zone.
Specifically, the size of the lots (25' x 100') requires
over 50% of the lot to be uses for loading zone and parking
areas and the proposed manner in which the properties are to
be developed (office and low-intensity retail) ~ll not
require I full-sized loading zone.
The granting of Variance request 4.91 will not constitute
the granting of a speCial privilege inconsistent with other
limitations upon other properties in the same vicinity and
zone.
Specifically, the zoning ordinance requires a 22' x 25'
loading zone adjacent to the alley for commercial buildings
located on 25 foot wide lots. This requirement is to
provide a loading zone for large delivery trucks (i.e.
tractor-trailers). In cases where a building is designed
for office uses or low intensity retail uses which do not
require deliveries from large trucks or deliveries at all,
the Planning Commission in the past has permitted
elimination of the loading zone or has approved a smaller
loading zone or the dual use of one or more parking spaces
as a loading zone.
NOW, THEREFORE BE IT RESOLVED that the Planning Comnrission of the City of Seal
Beach does hereby approve of Variance C-91, subject to the following
conditions: "
1. Variance C-91 is approved for the provision of shared use parking
areas/loading zones in conjunction with the construction of three (3)
new commercial buildings.
2. The applicant shall comply with all conditions of approval of Zone
Change 1-91 as adopted through Resolution 1534.
, 3. Variance C-9l shall take affect one (1) day after the second reading of
the ordinance adopting Zone Change 1-91.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 5th day of June, 1991, by the following
voU:
AYES: Commissioners Fife. SharD. McCurdv. Orsini. Dahlman
NOES: Commissioners ..-
ABSENT: Commissioners -.-
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3.
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Ordin~nce Number ~~j
,
'..
,
,
EXHIBIT -D"
eoNDI'l'IONS 01' APPROVAL POR VARIANCE NO. &-91
.- ---
Planning Commission Res. No. 1635
Page 2
1.
2.
, e Vhittenberg, Secretary
Planning Commission
Ordinance Number ;'-'~~
,
,
EXHIBIT -D"
~NDITIONS OF ~PPROVAL FOR VARIANCE NO. .-g1
RESOLUTION HUMBER ~632
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF GENERAL PLAN AMENDMENT lA-91, AMENDING THE SUMMARY
TABLE OF EXISTING AND PROPOSED LAND USES IN ACRES OF
THE LAND USE ELEMENT TO DEPICT THE INCREASE OF
APPROXIMATELY ONE-HALF ACRE OF RESIDENTIAL MEDIUM
DENSITY LAND AND A SIMILAR DECREASE IN GENERAL
COMMERCIAL LAND WITHIN THE CITY.
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THE PLANKING COMMISSION OF THE CITY OF SEAL BEACH OOES HEREBY RESOLVE:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
on April 23, 1991, James R. Watson filed an application with the
Department of Development Services for lone Change 1-91, Variance
4-91, General Plan Amendments lA-91 and IB-91; and
the applicant is requesting to change the General Plan designation
and zoning of nine (9) lots from General Commercial, (C-2) to
Residential Medium Density, (RHO); and
the subject property is legally described as:
Parcel A, consisting of:
Lots 30, 32, 34 and 35, in Block 217 of Tract 10, "Anaheim Bay
Tract", in the City of Seal Beach, County of Orange, State of
California, as per map recorded in Book 9, Page 10 of
Miscellaneous Map, in the Office of the County Recorder of Said
County.
Parcel B, consisting of:
Lots 27, 29, 31, 33 and 35, in Block 216 of Tract 10, "Anaheim Bay
Tract", in the City of Seal Beach, County of Orange, State of
California, as per map recorded in Book 9, Page 10 of
Miscellaneous Map, in the Office of the County Recorder of Said
County.
Parcel C, consisting of:
Lots 28, 30, 32, 34 and 35, in Block 217 of Tract 10" "Anaheim Bay
Tract", in the City of Seal Beach, County of Orange, State of
California, as per map recorded in Book g, Page 10 of
Miscellaneous Hap, in the Office of the County Recorder of Said
County; and
the proposed zone change is enclosed as "Attachment A"; and
the subject property is comprised of fourteen (14) lots, each
measuring 25' x 100'. Presently, twelve (12) of the lots are
zoned C-2 and the remaining two (2) lots are zoned RHO; and
Staff has prepared an Initial environmental assessment and
proposed Negative Declaration as required by th, California
Environmental Quality Act (CEQA). Staff received comments ba~
from several governmental entities. The California Coastal
Commission has expressed concerns over the compatibility of this
request with the Coastal Act; and '
a duly noticed public hearing was held on June 5, 1991 to consider
General Plan Amendment lA-91; and .
the Planning Comnrission makes the following findings:
1. The proposed General Plan Amendment and accompanying lone
Change will provide & less intensive use than is presently
allowed under current General Plan and zoning designations.
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'Ordin'a:ncie" Number /3~
'.
,
.EXHIBI~ "D"
CONDITIONS OF APPROVAL FOR VARIANCE NO. 4-91 .
Planning Commission Res. No. 1632
. Page 2
2.
This proposal will result in an annual positivi net revenue
flow (total revenues. total costs) to the City of between
$12,298 and $18,59B depending on whether the parks and
recreation fees are invested.
ThiS proposal w11T generate ]76 vehicle trips per weekday,
over 300 less trips per day than the next closest
alternative.
This proposal will create five (5) new on-street public
parking spaces through the abandonment of existing curb
cuts.
The low-rise, one-story commercial buildings and two-story
homes are compatible with the surrounding residential
neighborhood.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Seal
Beach does hereby recommend approval of General Plan Amendment lA-91 to the
City Council, subject to the following conditions:
3.
4.
5.
1. The Summary Table of Existing and Proposed Land Uses in Acres of
the land Use Element shall be amended to depict the increase of
0.5 acres of Residential Medium Density land within the City and a
decrease of O.S acres of General Commtrcial land.
PASSED, APPROVED AND ADOPTED by the Planning Commission ,of the City of Seal
Beach at a meeting thereof held on the 5th day of June, 1991, by the following
vote:
AYES: Commissioners Fife. SharD. McCurdy. Orsini. Dahlman
NOES: Commissioners ---
ABSENT: Commissioners ---
t-lt1,h- }
,'le. Whittenberg, Secretar
V' Planning Conrninion
Ordinance Number ~~1'~
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 JOURNAL, a
newspaper of general circulation,
printed and published weeklv in the
City of Seal 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 2/24/75,
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~~I
all In the year" :.iL
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
This space for for the County Clerk's
Filing Stamp
I
Proof of Publication of
:~~~~~ ~?:~~~/:~~I~C. ~~~rl.n~! f#t. ~1:.J
f:i/~~.QpfJ!lfl:l. . ~/!f!1It. . ~ ~ql
Atlhe abovelinii iild "p1ice III
InIIInlsIlld p8IIOIIS may be '-d ft
so desired, II you ch8llenge the
propoeed ecIIonIlln coull, you may
NOTICE IS HEREBY GIVEN 11111 be limited to r~Blng only lhos,e
the ClIv CouncIl 01 the cay 01 SeeI )sBuee you or _ else reis8ll
Beech wUI hold a public heamg III 'at the ,public hearing dascrIbed In
Monday, July 22, 1991, al1:oo 1hIs noIce, or In wrIIIen corraspon-
p.m. In the CIty CouncI a.amberl, denca deIvanId " tI8 ClIv 01 Seal
211 Bghlh S1raa~ Saal Beach, Baach at, or prior to, ilia public
CaIiIllmIa, " consider t181011ow1ng hearing.
1IiIm:
NOTICE OF
PUBUC HEARING
AIlEYEI.OI'IlENT ~
RlIlZllNEQWlQE l.e1
18llD IW:R: CXlASl' IIGINIAY
AIIl33817TH SIIlEEI'
ilIlIuIII:
Approval o1a o..ll~AIlII Agre&-
lDanl belwean tha City 01 Saal
Balch and .. eppIcan\ Jamas R
WaIBon, In ~ with Zllna
ChInga 1-91,
EnwIranment3I RIMNr..
llds ProJect Is caIIgorlcaIy IX8mp1
IIam CEQA 18V1ew.
Dated at
this L day of ' , 19...iL
1\ .1Jz1,i f;~'l,.j
Ignature
~SIdnnr
28-2150
,
Qac
Deman M. Covalls, MIchael G,
DowallB. Din (Conatanllnosl
DovaIIB and Rodney R DovaIs
.............
James R WaIBon
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
DATED'THIS 1st day 01 July. 1991,
Joenne M. Yao, CiIy CIsik
cay of SaalBeech I
J\dy 4,1991, . 1
NiIIBl h.. SIIlII8BadI.bmrl 'I
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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 Co.unty 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 JOURNAL a
newspaper of general circulation,
printed and published weeklv in the
City of Seal Beach. County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court C"
the County of Orange, S:r-lta of
California, under the dalt. cf 2;24/;"&.
Case Number A82583; that the notice
of which the annexed Is a printed
copy (set In type not sm aller than
nonpareil), has been published in
each regular and entire issue of said
newspaper and not In any supplement
thereof on he following dates, to-wit:
/
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach, California,
this -L day Of~, 19J1.L
t~~. ~;J
(J Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main S,rllet
P.O. Box 7e";
Seal Beach, CA :lO'7(lO
(213)430-7555
Ordiilan\:e Number /.5~
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
............................ .
.~):):. !!.r.-?-:.. !.~. .~~
- SUM M ARY ~'" rAVES: llo8ne, Forsyfle,
ORIlINANCENUIIlERW' ~,LaszIo,
~ I NOES: None
~ -urNT AC. .Ian'. MotIon canted
BAYaTVUl1Aa, I
Ordlnanca Number 1l42\~I tha! Ordlnanca Number 1142 will
City 01 Seal Baach, apprl\Y!ng a racalva sacond reading and be
DaValopmllll Agl8lmant bitwaan conUllllld Illr adoption at 1ha rag-
1ha CIty 01 Seal Beach and James uIar CIty Councl maelng 01 Mon.
R Wa1son lor thl Bay City Vilas day, Auguall2, 1991. Coplee 01
P\'ofecI" be IocaIed 11'1600 PacK- Ordinance Number lJ42 818 aYIII-
Ie Coasl Highway end 336.17th able In 1ha otIIce 01"" CIty CIerIl,
l?Ireat, and comprising el8V811 (11) Cily Hall, 211.8lh Slr88t, Seal i
, single family I88ldences and 1DIaI Baech; IIllephone (213)431-2527. I
01 thl8l 1housend (3,000) sq_
'881 01 commerclaVrltall SpaCI
IocaIIld on 1Iuea sapandB commer-
cIaIy ZIlIllld lois, waslidroduced at
1ha ragtB CIty Couni:a meeting 01
July 22..-199', end nlll reading
was approvid by Ihl lollowlng AugUB11, 1991.
-WIll: RiIsIBIilhlSeal Beach JoumaL
DATED THIS 23rd day 01 July,
1991.
Joenne M. Yea, CIty Clerk
CIty 01 Seal Beach
"
,
Ordinance Number ;'5~~
PROOF OF PUBLICATION
(2015.5 C,C.P,)
STATE OF CALIFORNIA,
County of Orange
This space for for the County Clerk's
Filing Stamp
I
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 JOURNAL. a
newspaper of general circulation,
printed and published weeklv In the
City of Seal 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 2/24/75,
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:
tl.ui/ I.df- a/~
all in the yeaP19_9.L
Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
............................ .
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
.1J.,..,r.~'~ .Iff.~~..-;. (~. ~'~iJ
S'-'MMARY w
OIDWtCEtUIER.
~,
nwa"""olDll'L --,
1BAlaFICtY\ARrHDMAY
Ordlnancl({ii.ilii'er 1,142 of the
CIly 01 Se8llilttCh, approving a I
D8veIopment AgreemanI beIwHn
the CIty 01 Seallle8ch 11I1II Jamal
R. Wa1Ion far the Bay CIty VIIIu .
Prolec~ conatructlon 01 eleven: I
' alngle-lamly deIIched ham. and
, lhree ieperal8 commerdal buUcI-
IngI, at the tanner aile ollie Rum
Runne.. fII1aurant and III adja-
cent parllilllllota, .. ln1rllduced
althe IIgIAar CIty Council milling
01 AugualI2, 1991, end 1inI1 reed-
q was eppraved Irf the lDIIowIng
voIII:
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
AYES: Doane, Has1IngI,
LaazIo, WIIaan
NOES: Nane
ABSENr. Faraylhe
Mo1Ian canIed
Ordinance Number 1342 will
receive aecond reading and be
conaIdarad far adapIIon at the reg-
ular City Council maaUng 01
Augllll26, 1991. Coplaa oI:pnI~
nance Number 1)42 me avaIIabIa
ilthe olIca 01 III CIty Clade, CRy
HaD, 211-801 Slretl, Seal BeaCh;
lalaphana Cl!13)431-2S27.
DAlEO.THIS 1311I day of'Auguat,
1~ I
Joanna M. Yea, Ca, CIeri
CIty 01 Seal Beach
Augllll22, 1991, I
Pld&h8dh~.~ ~Jo~~
Dated at Seal Beach, California,
"
this ,2:;; day of ILt/. ,19J1L
/1 . (/.' . . \
C ~ J rfliNl I.._'<L. 1I"j
(/ 'Signature
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PROOF Or 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 JOURNAl. a
newspaper of general circulation,
printed and published weeklv In the
City of Seal 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 2/24/75,
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:
c6~ S-
ail in the year 19..i.L,
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach. California,
this 9 day of ..::UpI. . 19J1..L
~ a' f).-{...".~J
Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Mlln Street
P.O. Box 755
Sel' Beach, CA 90740
(213)430-7555
Ordinance Number /.i~.:/.;
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
............................ .
)JD. /g,lc:) - t1dA -'I/tJ
.....................~.. .?'Ir.
SUM MA Ry:7'1 "Caples 01 OrdhIlllC8 Nlm1ber 1}42
OIlDINANCENUllBER1/G '818 ava/lalJle In llIe olIIc8 oIlhe
~_J-. City Clerk, City Hall! 211.81h
, 1111111l1.~Ml.crrMGIIWAY StrNt, f!8.al Beach; telephone
i Ordinance Number 1J42 01 the (213)431.-2i27.
I
i City 01 Seal Beach, appro~ a DATED llflS 27'1h dllf 01 ~
: Development Agreemen1 beIwIen 1991,
, 1118 Oily 01 SeelIl8acI1 end Jemes Jaenne M. Yeo, ~ Clerk
R.. WatIon lor 1118 Bay ~ ViDal ~ 01 SeeI Beach -
Projecl, CllI\S1rUCIon 01 8IlN8n IIn-
gle.famlly detached hom.. anc! Sepl8mber 5,1991,
lhrH seplll818 commercIeI build- NIlhId h1l18 Seelll8ach JoumaL
Ings, 811118 lllnner &Ie 011118 "'m
Runn818 resllUranI and I1IIlIlja.
cent perktlg IoIs, I8C8IY8d ll8CClI1II
I8l1lfng and WI8 adopl8d by !he ,
IlllIowfng YOle: I
AYES: Doane, FanyIle,
Haslngs, lBszlo,
WIlson
NOES: None
Motion carried
,