HomeMy WebLinkAboutCC Ord 1372 1993-08-09
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ORDINANCE NUMBER /cf!~
AN ORDINANCE OF THE CITY OF SEAL BEACH
APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SEAL BEACH AND
BISCHELL 209 MAIN STREET L.P. FOR THE BJ's
PIZZERIA PROJECT (209 MAIN STREET - CUP 92-
23)
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
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Section 1. The City and Bichse1209 Main L.P. desire to enter into a development agreement
pursuant to Government Code Sections 65864 through 65869.5, and Article 27.5 of Chapter 28
of the Code of the City of Seal Beach, California with respect to that certain real property
commonly known as 209 Main Street, and more particularly described in the proposed
development agreement, attached hereto as Exhibit A.
Section 2. The City Council held a properly noticed public hearing regarding the proposed
development agreement on July 26, 1993.
Section 3. The City Council hereby finds that the proposed development agreement is
consistent with the General Plan of the City of Seal Beach, and that no Specific Plan is I
applicable to the subject property.
Section 4. The City Council hereby approves and incorporates by reference herein Resolution
93-39 of the Planning Commission of the City of Seal Beach, dated July 21, 1993, attached
hereto as Exhibit "B".
Section 5. Based upon the foregoing, the City Council hereby approves the proposed
development agreement, incorporated by reference herein and attached hereto as Exhibit n A" and
authorizes the Mayor to execute said development agreement on behalf of the City.
Section 6. The statute of limitations to protest the approval of this development agreement
shall be limited to that set forth in Government Code Section 65009.
PASSED, APPROVED AND AD~ED by the City Coun .
at a meeting thereof held on the - day of
1993.
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Ordinance Number ~~~
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STATE OF CAUFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
1, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the
fo . g Ordinance is an original copy of Ordinance Number /31'.:2 on file in the office
of. th City Clerk, introduced at a meeting held on the 0?6~ day of
, 1993, and passed, ~~Ved and ad~ the City Council of the
vote: h at a meeting hj,on the -. day of - ~~ , 1993 by the
AYES, c-n~"4&~~
Councilmembers ~
NOES:
ABSENT: Councilmembers
and do hereby further certify that Ordin ce Number /.:!ZJ ~ has been published pursuant to
the Seal Beach City Charter and Resolution Num~~ ------.
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City, Clerk /
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Ordinance Number /31e2
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ExmBIT A
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
CITY OF SEAL BEACH
DEVELOPMENT SERVICES DEPARTMENT
211 EIGHTH STREET
SEAL BEACH, CA 90740
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(Space Above for Recorder's Use)
DEVELOPMENT AGREEMENT
(Pursuant to Government Code
Sections 65864 - 65869.5)
This DEVELOPMENT AGREEMENT ("Agreement") is entered into between Bichsel
209 Main Street L.P. Developer and Property Owner, (hereinafter "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
"parti' "
es.
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R Eel TAL s:
This Agreement is predicated upon the following facts:
A. These Recitals refer to and utilize certain capitalized terms which are defined 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 development agreements with persons having a legal or
equitable interest in real property for 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 the proposed developer of the Property as described on Exhibit" A. "
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E. Developer is performing a seismic retrofit of the property to establish a full
service restaurant commonly known as BJ's Chicago Pizzeria ("Project" hereinafter) requiring
major investment in public facilities and substantial front-end investment in on-site
improvements.
F. Developer has applied for, and City has conditionally approved, Conditional Use
Permit 92-23 and Variance 92-3 in order to protect the interests of its citizens and the quality
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Ordinance Number /.:l?~
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of the community and environment. As part of that process of approving the Development Plan,
City has undertaken, pursuant to the California Environmental Quality Act ("CEQA "), the
required analysis of the environmental effects which would be caused by the Project. City has
imposed a series of mitigation measures in connection with the development of the Project to
eliminate any potentially adverse impacts caused by the Project. On June 28, 1993, the City
Council of City adopted the Negative Declaration prepared for the proposed project and made
the required environmental fmdings.
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. In adopting Resolution No. 4239, the City Council has found that the development
permitted by this Agreement is consistent with the City's General Plan.
I. The Development Plan implements the goals and policies of the City's General
Plan, and contributes to the balanced and diversified land uses of the City in order to maintain
the overall quality of life and of the environment within the 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 proper exercise of its police power.
K. Pursuant to Section 30106 of the California Coastal Act, the Coastal Commission
has issued an exemption letter certifying that no coastal development permit is needed for the
Project.
TIlE PARTIES AGREE AS FOLLOWS:
1. Definitions.
1.1 "Agreement" is 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 Bichsel 209 Main Street L.P. and its assignees or
successors in interest to all or any part of Developer's interest in the Property.
J 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, regulations regarding the permitted uses
of the Property, the density or intensity of use, the provisions for reservation or dedication of
land for public purposes, and the design, improvement and construction standards and
specifications applicable to the development of the Property, 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 CUP 92-23 and Variance 92-3 adopted by the City Council on June 28, 1993, by
Resolution No. 4239, allowing the establishment of a full service restaurant serving beer and
wine. To the extent Conditional Use Permit 92-23 or Variance 92-3 are amended from time to
time, 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
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Ordinance NUi,1ber 1..37:2
such amendments unless and until this Agreement is so amended. A copy of Resolution No.
4239, which includes the Conditions of Approval and the Mitigation Monitoring and Reporting
Program, is attached hereto as Exhibit "C". A copy of the "Floor, Plot and Elevation Plan" for
CUP 92-23 and Variance 92-3 is attached hereto as Exhibit "D." A copy of the Negative
Declaration adopted for the Project, is attached hereto as Exhibit "E".
1.6 "Effective Date" is that date upon which this Agreement is executed by
properly authorized officers of the City.
1.7 "Project" is the performance of a seismic retrofit of the property to
establish a full service restaurant commonly known as BJ's Chicago Pizzeria, including, without
limitation, the 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.
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1.8 "Property" is the real property on which the Project will be located as
described on Exhibit "A".
1.9 "Property Owner" is Bichsel 209 Main Street L.P.
2. Exhibits. The following documents are referred to in this Agreement,
attached hereto and incorporated herein by this reference:
Exhibit
Designation
Descriotion
A
Legal Description of the Property
B
Development Plan Permits and Approvals
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C
Implementing Resolution No. 4239
D
Conditional Use Permit 92-23 and Variance 92-3,
"Floor, Plot and Elevation Plan"
E
Negative Declaration
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 complexity 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 City. The benefits to City (including, without limitation,
the residents of City) under this Agreement include, but are not limited to: (a) payment of
traffic and parking mitigation impact fees; (b) the provision of additional restaurant uses; (c)
seismic retrofit of an existing vacant building of locally historical significance; (d) improvements
to roadways, parkways, and alleys; (e) the payment of in lieu fees for the construction of public I
facilities and services; (t) an increase in property tax revenues and other revenues to be derived
by City, including sales tax; and (g) the payment of a fee to the City to provide additional
parkway trees and a public seating area on Main Street, not to exceed $5,000.
3.2 Benefits to Develo.per. Developer has expended and will continue to
expend substantial amounts of time and money on the planning and development of the Project.
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In addition, Developer will expend substantial amounts of time and money in contributing to the
provision of 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 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 DevelQper.
interest in the Property.
Developer represents that Developer has a legal
S. Bindinl! Effect of Al!reement. The burdens of this Agreement bind, and the
benefits of this Agreement inure to, the successors in interest to the parties hereto.
6. Imn. The term of this Agreement shall be twenty years.
7. Time of Performance. The terms and provisions of this Agreement shall
expire two (2) years from the Effective Date unless 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.
8. Chanl!es 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 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. Indemnification and Lell~ Challenlle.
9.1. Indemnification. In addition to its duties under Section 9.2, Developer
agrees to and shall hold City, its officers, agents, employees, and representatives harmless from
liability for damage or claims for damage for personal injury including death and claims for
property damage which may arise from the activities of 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 indemnify and defend City and its officers, agents,
employees, and representatives with counsel acceptable to City from actions for damages caused
or alleged to have been caused by reason of Developer's activities in connection with the
Project, regardless of whether the City prepared, supplied or approved the plans or specifications
for the Project.
9.2. LeI!a1 ChaIlenlle. In the event of any legal action challenging the valid-
ity, applicability, or interpretation of any provision of this Agreement, any of the entitlement
documents pertaining to the Project including, without limitation, the City's General Plan,
Zoning Ordinance, CUP 92-23, Variance 92-3, Negative Declaration 93-3 or any other
environmental documentation prepared for the Project, or any other supporting document, the
Developer shall indemnify, defend and hold harmless the City, its officers, agents, employees
Ordinance Number /.312
August. 1993
and representatives from and against all liability, costs and expenses, including attorneys' fees,
incurred by City or awarded against City in relation to such action. The City shall have the
right to select counsel of its choice subject to the right of Developer to reasonably reject any
particular attorney or firm. The parties hereby agree to cooperate in defending such action. In
the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, I
this Agreement shall remain in full force and effect while such litigation, including any appellate
review, is pending, unless otherwise ordered by the court. Absent issuance of an injunction,
Developer may elect to continue development under this Agreement pending completion of the
litigation but it shall do so at its sole risk, and City shall not be liable for any loss suffered as
a result thereof.
10. Vested Right. 'By entering into this Agreement and 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:
10.1 No ConfIictine Enactments. Except as otherwise provided herein, 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 in
the event of a public emergency to take such reasonable measures under its police powers to
protect 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. Notwithstanding the foregoing, should an
ordinance, general plan or zoning 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.
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12. General DevelOj)ment of the Proiect.
12.1 PrQject. While this Agreement is in effect, Developer shall have a
vested right to develop the Project in accordance with the terms and conditions of this
Agreement, and City shall have the right to control the development of the Project in accordance
with the terms and conditions of this Agreement. Except as otherwise specified in this
Agreement, the Development Plan shall control the overall design, development and construction
required in connection with 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 the subject building, 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 Deve]opment Plan.
12.2 Effect of Al!reement on Land Use Rel!ulations. 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, 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. City shall accept for processing and timely review and act on all
applications for funher 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 Traffic and Parking Mitigation Contribution. Developer shall
contribute to City the sum of $ 27,763.71 \0 mitigate traffic and parking impacts arising from
the Project. This amount is $ 4,763.7] in traffic impact fees and an interim in-lieu fee of $
3,500.00 per parking space (23 spaces), minus credits based upon the benefits to the City and
residents of the City arising from the project. Deve]oper shall pay to the City the amount of
$27,763.71 as follows: $4,763.7] shall be paid to the City prior to the issuance of a certificate
of occupancy for the project; the balance shall be paid in five equal installments of $4600.00 on
each successive anniversary date from the date of the issuance of the certificate of occupancy.
In addition to these amounts, Developer may be required to pay additional in-lieu parking fees
pursuant to Section 13.2 of this Agreement.
12.4 Develoument Fees. Except as provided in Section 13 of this Agreement,
City shal] 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 condition to the implementation of the Project or any portion thereof, except those fees in
effect on the Effective Date of this agreement.
12.5 Subsequent Actions. City shall timely process any applications for
entitlements or other discretionary approvals or entitlements contemplated by the Development
Plan, and any construction or other permits filed by Developer in accordance with the
substantive development standards set forth in the Deve]opment Plan.
Ordinance Number /:l7"z
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13. Rules. Rel!:ulations 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.
(c) Regulations governing construction standards and specifications
including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code,
Eectrical 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 Development Plan or this
Agreement to which Developer has consented in writing.
13.2 Cily Parkinl! Prol!ram. Developer hereby agrees to participate in any
such in-lieu parking program as has been or shall be established by the City Council applicable
to business tenants and/or property owners in the Old Town-Main Street area for an amount
equal to twenty-three (23) spaces. Any changes to the total parking requirement for the site shall
cause the modification of the rate of participation in the in-lieu program, subject to Planning
Commission approval. The Developer shall execute and cause a covenant to be recorded on the
title of the property which stipulates that twenty-one (21) parking spaces are required for the
restaurant use of the property, pursuant to the Code of the City of Seal Beach i 28-1304(4), and
two (2) parking spaces are required for the second story office use of the property, pursuant to
the Code of the City of Seal Beach i 28-1203, for a total of twenty-three (23) parking spaces.
In the event that future action by the City Council results in further costs per space, Developer
shall be entitled to a credit of S 23,000.00 paid under this Agreement pursuant to Section 12.3.
13.3 Subsequent Actions and Annrovals. In acmrdance 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.
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13.4 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 I
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 Allreement. 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. Remedies.
(a) Snecific Performance. Due to the nature and scope of the
Project, 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.
(b) Mandamus. The Parties hereby stipulate that the City's
performance of this Agreement is comprised of ministerial, non-discretionary duties which the
law specifically enjoins and administrative actions taken as the result of proceedings in which
by law hearings are required to be given, evidence is required to be taken and discretion in the
determination of facts is vested in the City, and that Developer shall be entitled to obtain relief
in the form of a writ of mandate in accordance with Code of Civil Procedure Section 1085 or
Section 1094.5, as appropriate, to remedy any default by City of its obligations and duties under
this Agreement. Nothing in this paragraph (b), however, is intended to alter the evidentiary
standard or the standard of review applicable to any action of, or approval by, the City pursuant
to this Agreement or with respect to this Project.
(c) Other Remedies. This Section 15 shall not limit any other
rights, remedies, or causes of action that any Party may have at law or equity.
(d)
Any legal action shall be brought in the Superior Court for Orange
County, California.
15.1 CilY Not Liable For Damalles. It is acknowledged by the Parties that
City would not have entered into this Agreement if it were to be liable in damages under or with
respect to this Agreement or the application thereof. Consequently, and except for the payment
of attorneys fees in accordance with Section 20 below, City shall not be liable in damages to
Property Owner, Developer, or to any assignee, transferee or any other person, and Developer
and Property Owner covenant on behalf of themselves and their successors in interest not to sue
for or claim any damages:
(a) for any breach of, or which arises out of, this Agreement;
(b) for the taking, impairment or restriction of any right or interest
conveyed or provided hereunder or pursuant hereto; or
(c) arising out of or connected with any dispute, controversy or issue
regarding the application or interpretation or effect of the provisions of this Agreement;
provided, however, that the foregoing does not limit the liability of City, if any, for damages
which:
(i)
are not for a breach of this Agreement or which do not arise
under this Agreement;
(ii) are not with respect to any right or interest conveyed or
provided hereunder or pursuant hereto; and
(Hi) do not arise out of or which are not connected with any
dispute, controversy or issue regarding the application, interpretation or effect of the provisions
of this Agreement to, or the application of, any City rules, regulations or official policies.
Ordinance Number ~;1~
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15.2 Breach By Action of the Electorate. The Parties hereby warrant that
each enters into this Agreement with the understanding that the Development Agreement Law
authorizes this Agreement to bind the City even as to actions taken by the voters of the City.
If, a court of competent jurisdiction enters a final, non-appea1able order to the contrary and the
City defaults on its obligations under the Agreement within the meaning of Section 15 solely or I
principally due to an action taken by the electorate of the City in the exercise of the reserved
powers of initiative and referendum, this Agreement shall be modified or suspended to the extent
required by Government Code Section 65869.5 and Developer's right to seek specific
performance, a writ of mandate, or other mandatory relief shall be limited by such force as the
action taken by the electorate may have in light of the Development Agreement Law as
determined by any court of competent jurisdiction, in which case Developer's principal remedy
shall lie in reformation of this Agreement.
16. Periodic Review of COll1pliance With Al!reement.
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 forth 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 COll1pliance. During each periodic review, Developer shall
be required to demonstrate good faith compliance with the terms of this Agreement.
17. Event of Default by Develo.per. If City determines on the basis of substantial I
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 Developer 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 Developer 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 15, or invoke any other remedies afforded by law.
18. Waivers and Dels,ys.
18.1 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.
18.2 Third Parties. Nonperformance shall not be excused because of a
failure of a third person except as provided in Section 18.3 below.
18.3 Force Maieure. 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, 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 control.
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19. Notices. All notices required or provided for under this Agreement shall be
in writing and delivered in person or deposited in the United Stales mail, postage prepaid and
addressed as follows:
TO CITY:
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Attn: Director of Development Services
TO DEVELOPER:
Bichsel 209 Main L.P.
1433 Webster Street, Suite 201
Oakland, California 94612
Either party ll)ay 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.
20. Attorneys' Fees. If legal action is brought by any party against another for
breach of this Agreement, or to compel performance under this Agreement, the prevailing party
shall be entitled to an award of actual attorneys' fees and costs.
21. Transfers and Assignments.
21.1 Rieht to Assil!n. Developer shall have the right to sell, transfer or
assign its respective interest in 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, Government Code
Section 66410, ~ ~.) to any person, partnership, joint venture, firm or corporation at any time
during the term of this Agreement; provided, however, that any such sale, transfer or assignment
shall include the assignment and assumption of the rights, duties and obligations arising under
or from this Agreement. .
22. Proiect as a Private Undertakine. 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 contained
in this Agreement. No partnership, joint venture or other association of any kind is formed by
this Agreement. The only relationship between City, on one hand, and Developer, on the other,
is that of a government entity regulating the development of private property.
23. Eminent Domain. No provision of this Agreement shall be construed to limit
or restrict the exercise by City of its power of eminent domain.
24. Authority to Execute. The persons executing this Agreement on behalf of
Developer warrant and represent that each has the authority to execute this Agreement on behalf
of the Developer and to bind Developer to the performance of its respective obligations
hereunder.
Ordinance Number ~~j1~
r r
25. Recordation. This Agreement and any amendment or cancellation hereto shall
be recorded in the Office of Official Records of the County of Orange, by the City Clerk within
the period required by Section 65868.5 of the Government Code.
26. Protection of Mort,al!e Holders. Nothing contained herein shall limit or I
interfere with the lien of mortgage holders having any mortgage made in good faith and for
value on any portion of the Property. oMortgage holder" includes any beneficiary under any
deed of trust encumbering the property, and "mortgage" includes any deed of trust.
27. Severability of Terms. If any term, provision, covenant or condition of this
Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement
shall not be affected thereby to the extent such remaining provisions are not rendered impractical
to enforce.
28. Subseouent Amendment to Authorizinl! 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.
29. IntelJ)retation and Governinl! Law. This Agreement and any dispute arising I
hereunder shall be governed and interpreted in accordance with the laws of the State of
California.
30. Section Headinl!s. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
31. Incoq>oration of Recitals and Exhibits. Recitals A through K and attached
Exhibits" A" through "E" are hereby incorporated herein by this reference as though fully set
forth in full.
32. Rules of Construction and Miscellaneous Terms.
32.1 Gender. The singular includes the plural; the masculine gender
includes the feminine; "shall" is mandatory, "may" is permissive.
32.2 Time of Essence. Time is of the essence regarding each provision of
this Agreement in which time is an element.
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32.3 Coo,peration. 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.
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Dated:
9 A~ (ti~rl;
Ordhoance Number ~j1~
.
131(~S( I
, 1993 fA-.B~1l 209 Main Street L.P.
",,--OtVU}!j{C
"Developer"
Dated: ajJP-tLt /~Vl:1993
ATTES; -I (
By: l I
. / City Clerk /
APPROVED AS TO FORM:
CITY OF SEAL BEACH, a municipal
corporation of the State of California
BY'~
' ayor ProTeID
"City"
By:
~%@~
City Attorney
Ordinance Number ~~j1-Z
EXHIBIT "A"
Lot 9 of Block 108 of Bay City Tract, as per Map recorded in Book 3 Page 19 of Miscellaneous
Maps, in the Office of the County Recorder of Said County (Orange County, California).
....
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Ordinance Number ~~
.
EXHIBIT "B"
VARIANCE 92-3
CONDITIONAL USE PERMIT 92-23
(NOTE: REQUIRED BUILDING PERMITS AND ALL
OTHER APPROPRIATE PERMITS WILL BE ATTACHED
UPON ISSUANCE)
Ordinance Number ;lc5;1~
,
EXHIBIT "e"
IMPLEMENTING RESOLUTION NO. 4239
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH ADOPTING NEGATIVE
DECLARATION NO. 93-3, AND CONDITIONALLY
APPROVING CUP NO. 92-23 AND VARIANCE NO.
92-3 TO PERMIT THE ESTABUSHMENT OF A
RESTAURANT SELLING BEER AND WINE FOR
ON-PREMISES CONSUMPTION AND TO
PERFORM A SEISMIC RETROFIT TO THE
PROPERTY GENERALLY KNOWN AS 209 MAIN
STREET (BJ'S CHICAGO PIZZERIA)
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
FIND, ORDER AND RESOLVE AS FOLLOWS:
Section 1. On November 18, 1992, BJ's Seal Beach, LoP. filed applications
for Conditional Use Permit 92-23 and Variance 92-3 with the Department of Development
Services. Specifically, the applicants are requesting the following:
I
1. CUP 92-23 - A permit to operate an alcohol-related land use which will sell beer
and wine for on-premises consumption and to perform a seismic retrofit of the
property generally known as 209 Main Street (BJ's Chicago Pizzeria).
2. VARIANCE 92-3 - To vary from the commercial parking requirements. Under
current Code requirements, a restaurant is required to provide 1 parking space per
100 square feet of gross floor area (SBMC Section 28-1304(4)) .on the property
on which the building is located or within 300 feet of the building" and a loading
space (SBMC Section 28-1303). Due to physical constraints, the proposal only
provides 3 of the 26 parking spaces required by the Code on site. In addition, the
~ requires a loading space and landscaping.
Section 2. Pursuant to 14 Calif. Code of Regs. f IS025(a) and if DoC and
m of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative
Declaration, which were circulated for public review and comment from February 17, 1993 to
March 15, 1993, in compliance with the provisions of the California Environmental Quality Act I
and the City's Local CEQA Guidelines.
Section 3. A duly noticed public hearing was held before the City Council on
June 14, 1993 to consider the application. Written evidence was submitted for and against the
project. At the public hearing, the applicant and over 20 persons spoke in favor of the request
and 2 persons spoke in opposition.
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Ordinanc.e Number
/31z
/
Section 4.
The record of the hearing indicates the following:
(a) The subject property is located on the westerly side of Main Street
approximately 130 feet north of the ceilter of the intersection of Main Street and Central
Avenue. The property is similar in size and shape, being flat and rectangular, to its neighbors
and to other uses in the zone.
(b) The subject property is legally described as Lot 9 of Block 108 of Bay City
Tract, as per Map recorded in Book 3 Page 19 of Miscellaneous Maps, in the Office of the
County Recorder of Said County (Orange County, California).
(c) The subject building was built in approximately 1925, and is recognized
hy the City's Planning Commission as a locally recognized historic structure. State law requires
that the building be retrofitted to comply with existing seismic safety standards.
(d) Until 1991, and for 40 years prior to 1991, the subject building was
devoted to restaurant use, most recently by the Green Pepper Restaurant. Such restaurant use
was established prior to the City's current parking requirements. Under the City Code, uses
established prior to changes in the City's parking requirements are considered legal-
nonconforming and are allowed to continue operations without compliance with new parking
standards adopted subsequently to the establishment of such use. Accordingly, the subject
property did not have to meet current parking standards.
(e) The Green Pepper Restaurant went out of business in 1991. The site has
remained vacant since that time. Two subsequent proposed tenants did not commence
operations. An application for an entertainment use was rejected by the Planning Commission.
Another applicant chose not to design the seismic retrofit, apparently for economic reasons.
Due to the vacancy in excess of ninety days, the property has lost its legal nonconforming status,
and any use proposed for the site must comply with existing parking requirements.
(t) The subject property is located on Main Street, which is a commercial strip
fully developed with a variety of commercia) uses. The surrounding land uses and zoning are
as follows:
NORTH, EAST
& SOUTH
A mixture of commercial uses in the Service
Commercial zone, (C-l).
WEST
A mixture of single-family and multi-family
residential dwellings in the Residential High Density
zone, (RHD).
(g) A parking study performed in conjunction with this application
demonstrates that public parking facilities within 300 feet of the site are often fully occupied,
and this is especially true of the 100 block of Main Street and the 200 block which includes the
subject property.
(h) The building and property at 209 Main Street cannot provide the on-site
parking required for any new use without demolition of the existing structure. Further, no off-
site facilities within three hundred feet of the site can provide adequate parking. However, a
public parking'lot on 8th Street, owned by the City, abuts the 300 foot radius and has ample
parking for the proposed use.
(i) In connection with this application and other recent applications, the City
has performed certain parking studies to, inter alia: analyze present supply and future needs;
determine the impacts arising from the proposed use; consider whether current Code parking
Ordinance Number /rJ 1~
, I
requirements should be modified; and to provide additional parking and other mitigation
measures to alleviate the impacts arising from the proposed use, as well as others. To mitigate
any impacts arising from the proposed use and other proposed uses, a reserve fund has been
established in the 1993-1994 Fiscal Year budget for the acquisition and implementation of a
public transit trolley. In addition, the City Council has authorized the use of City-owned parking I
~:.::mties to satisfy parking m;:uirements and the preparation of an amendment to the Main Street
Specific Plan to establish more flexible and appropriate parking standards. Council has directed
staff to consider whether the city-wide commercial parking standards should be modified so that
uses on Main Street, limited by physical constraints, may satisfy parking needs by in-lieu fees,
parking mitigation fees, or offsite facilities, rather than providing parking onsite.
Section 5. Based upon the evidence in the record, including the facts stated
in I 4 of this resolution, and in the environmental documentation prepared in conjunction with
this project, and pursuant to If 28-2403.1 and 28-2500 - 28-2504 of the City's~, the City
Council hereby finds as follows:
(a) The record reveals that the re-establishment of a restaurant use on the
subject property, as conditioned and mitigated herein, will not have any appreciable impact on
traffic to and from the use. The existing roadways which serve the site are adequate to serve
the proposed use and accordingly the application is consistent with the goals, standards, and
policies of the Circulation Element and Growth Management Element. CUP No. 92-23 is
consistent with the provisions of the Land Use Element of the City's General Plan, which
provides a "service commercial" designation for the subject property and permits restaurants
serving alcohol subject to the issuance of a Conditional Use Permit. As conditioned, Variance
92-3 will not adversely affect the General Plan because requiring the Applicant to mitigate
parking impacts is consistent with the policy of the General Plan to require new uses to provide
adequate parking for commercial uses within the immediate vicinity of the subject site. The
parking demand caused by the proposed use can easily be accommodated by the existing City
parking facilities on 8th Street, which is just beyond the 300 foot radius, and by other available
parking. Approval of the project allows its owner a reasonable economic use of the property
of a type proposed in the Land Use Element. The use is also consistent with the remaining
elements of the City's General Plan as the policies of those elements are consistent with, and
reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the
General Plan.
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(b) As conditioned herein, the building and property at 209 Main Street are
adequate in size, shape, topography and location to meet the needs created by the proposed use
of the property. The subject property has been devoted to the use proposed by applicant --
restaurant use - for over 40 years. The building, constructed in approximately 1925, has
proven to be adequate for restaurant uses. While the proposed use cannot provide parking onsite
or upon any site within 300 feet in strict compliance with the Code, the prior occupant, who
enjoyed legal nonconforming status, likewise did not provide onsite parking. As stated above,
the property lost its legal-nonconforming status due to a discontinuation of use based upon a
number of factors beyond the control of the applicant. Thus, the Code requires 23 spaces for
the proposed use. However, the parking demand caused by the proposed use can easily be
accommodated by the existing City parking facilities on 8th Street, which is just beyond the 300
foot radius, and by other available parking.
(c) Required adherence to applicable building and fire codes ensures there will
be adequate water supply and utilities for the proposed use.
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(d) As conditioned hereby, approval of a full service restaurant that sells beer
and wine at the site will be compatible with surrounding uses and the community in general and
will not be detrimental to the neighborhood. The consumption of beer and wine in connection
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Ordinance Number ,;I~;1nZ
with food consumed onsite will not have an adverse impact on surrounding uses, and for the
reasons stated in paragraph (a) of this Section.
(e) The City Council hereby affirms that it independently reviewed and
analyzed proposed Negative Declaration No. 93-3 prior to acting on the appeal and hereby finds
as follows:
(1) Negative Declaration No. 93-3 was prepared by City Staff and
therefore reflects the independent judgment of the City;
(2) There is no substantial evidence in the record which would support
a fair argument that approval of the application might have a
significant environmental impact;
(3) Approval of this application involves no potential for adverse
effect, either individually or cumulatively, on wildlife resources
and will not have an adverse impact on fish and wildlife. It is the
re-establishment of an urban use on an urbanized site, and has no
impact on wildlife resources, since there are no identified wildlife
resources on or adjacent to the site. The CiJy Council directs the
Director of Development Services to file the appropriate De
Minimis Impact Finding for the California Department of Fish and
Game Certificate of Fee Exemption.
(t) Pursuant to Government Code Section 65906.5, the City may grant a
variance from parking requirements provided certain conditions are met. Although this section
applies to general law cities, the City Council hereby finds the legislative policy reflected in this
statute is appropriate to the circumstances of the charter city of Seal Beach. Section 65906.5
provides, in relevant part:
"[A] variance may be granted from the parking requirements of a zoning
ordinance in order that some or all of the required parking spaces be located
offsite, ..., or that in-lieu fees or facilities be provided instead of the required
parking spaces, if both the following conditions are met:
(a) The variance will be an incentive to, and a benefit for, the nonresidential
development.
(b) The variance will facilitate access to the nonresidential development by
patrons of public transit facilities,...."
The requirements set forth in Section 65906.5 are satisfied here. Allowing
the Applicant to satisfy a portion of its parking requirements through in lieu payments, parking
mitigation impact fees and through the provision of parking at the 8th Street lot provides both
an incentive and benefit for the proposed nonresidential development. Further, granting the
variance, subject to certain conditions, would facilitate access to the proposed restaurant by
patrons of the proposed public transit trolley, and would contribute to a density of commercial
uses necessary to sustain public transit.
(g) In accordance with Government Code Section 65906.5, there is no
requirement to show special circumstances to justify the granting of a parking variance.
Nonetheless, there are special circumstances which warrant the variance here, including the
site's location, surroundings, historic nature and the availability of public parking nearby. In
order to provide the Code required parking, it would be necessary to demolish the existing
structure. As previously noted, the structure has been designated by the City's Planning
Commission as a locally recognized historic structure. Further, the site is in close proximity
Ordinance Number /~ '7 ~
, i'
to the City-owned 8th Street parking lot, which, by Council action, has been opened to serve
the patrons of the proposed restaurant. Indeed, such lot abuts the 300 foot radius of the subject
property. But for the Code requirement that a use provide parking within 300 feet, there would
be no need for a variance. Accordingly, an alternative ground to grant this variance is to treat
it as a variance from the 300 foot requirement. The proposed use will meet its parking needs I
through the use of available parking within 400 feet. Special circumstances also appear because
there is no space on within 300 feet of the site to provide the required parking without
destroying all or part of a structure which has a remaining useful life and of which its owner
must be allowed a reasonable economic use.
(h) Strict application of the Zoning Code deprives the subject property of
privileges enjoyed by other property in the same vicinity and zone. Other restaurant uses along
Main Street likewise cannot, and do not provide on-site parking. Such uses, however, have been
in continuous operation as restaurants and have not lost their legal-nonconforming status. The
conditional granting of the requested variance will not constitute a grant of special privileges
inconsistent with other limitations upon other properties in the same vicinity and zone because,
as conditioned, the proposed use will meet its parking demand through the alternative means
provided in the conditions.
Section 6. Based upon the foregoing, the City Council hereby adopts Negative
Declaration No. 93-3, conditionally approves Conditional Use Permit 92-23, granting an a1cohol-
related land use permit allowing the on-premise consumption of beer and wine in conjunction
with a proposed restaurant, and conditionally approves Variance 92-3, a variance from ~
provisions requiring a loading space, landscaping, and provision of 23 parking spaces within a
300 foot radius of the subject property, subject to the conditions attached hereto as Attachment
A.
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Section 7. The proposed mitigation monitoring program attached hereto as
Attachment "B" is hereby adopted.
Section 8. The time within which judicial review, if available, of this decision
must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and
Section 1-13 of the Code of the Cily of Seal Beach, unless a shorter time is provided by other
applicable law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
at a meeting thereof held on the 28th day of June ,1993 by the following vote:
AYES:
Councilmembers Brown. Doane. FOl'$ythe. and Hastines
NOES:
Council members None
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ABSENT:
Councilmembers Laszlo
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Ordinance Number J.:J ftl,
,
MAYOR
ATTEST:
CITYCLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
}
}
}
SS
I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing
resolution is the original copy of Resolution Number 4239 on file in the office of the City Clerk,
passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular
meeting thereof held on the 28th day of June ,1993.
City Clerk
6.
Ordinance Number B1~
,
AITACHMENT A, RESOLUI10N NO, 4239
I
CONDITIONS OF APPROVAL
VARIANCE 92-3
CONDmONAL USE PERMIT 92-23
1. Variance 92-3 is approved for the provision of less than the required on-site parking,
landscaping and a loading space with limited hours of exclusive use in conjunction with
the re-establishment of a restaurant at 209 Main Street, Seal Beach.
2. CUP # 92-23 is approved for an on-premise Alcohol Related Land Use at 209 Main
Street and to permit a seismic retrofit, and is issued to B J's Seal Beach, L.P.
3.
The approval of Conditional Use Permit #92-23 and Variance #92-3 is subject to the
City's approval of a Development Agreement governing the use of the subject property
and the conditional approval herein shall confer no entitlements or rights upon Applicant.
Nor shall the City be obligated to issue any permits or approvals until such time as the
Development Agreement has been approved, without the prior written consent of the
City.
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4.
This Conditional Use Permit and Variance shall not become effective for any purpose
unless an . Acceptance of Conditions. form has been signed by the applicant in the
presence of the Director of Development Services, or notarized and returned to the
Planning Department.
s.
Applicant has agreed to contribute an amount specified in the Development Agreement
to mitigate traffic and parking impacts from the project. The property owner shall agree
to participate in such in-lieu parking program as has been or shall be established by the
City Council for the amount equal to twenty-three (23) spaces. Any changes to the total
parking requirement for the site shall cause the modification of the rate of participation
in the in-lieu program, subject to Planning Commission approval. The applicant and/or
property owner shall sign and record the in-lieu parking agreement, or an alternative
document acceptable to the City, prior to the issuance of any building permits and/or
business license. The applicant realizes that this is an interim agreement, and a
permanent agreement may result in further costs per space. A covenant shall be recorded
on the title of the property which stipulates that twenty-one (2 I) additional parking spaces
are required for the restaurant use of the property, pursuant to the Code of the City of
Seal1Weh f 28-1304(4), and two (2) additional are required for the second story office
use of the property, pursuant to the Code of the City of Seal Beacb 128-1203, for a total
of twenty-three (23) parking spaces.
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All requirements of the Orange County Health Department and the Uniform Building
Code shall be met prior to occupancy.
7. The restaurant use shall not exceed the area designated on the floor plan as approved by
the Planning Commission.
Ordinance Number /:1.1,.2,
8. All construction shall be in substantial compliance with the plans approved through
Variance 92-3 and CUP 92-23, identified as "Exhibit C, Conditional Use Permit 92-23
;;~d Variance 92-3, Floor, Plot and Elevation Plan.
9.
The ~ of the building shall be posted as a no parking/loading zone between the hours
of 8:00 a.m. and 10:00 a.m. and shall be available for parking or loading at all other
hours. The execution of this condition is subject to the review and approval of the
Director of Development Services.
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10. In order to offset the lack of on-site landscaping, a fee shall be paid to the City to
purchase a maximum of six (6) street trees for the Main Street area. Additionally, if
deemed feasible by the City's Engineering Department, a fee shall be paid to the City
to cover the cost of purchasing and installing an additional pedestrian bench on Main
Street or other hardscape treatments to the sidewalk area adjacent to the subject property.
Said fee shall not exceed 55,000 and shall be paid as a 55,000 deposit prior to issuance
of a certificate of occupancy.
11. A six foot tall brick trash enclosure shall be installed at the rear of the structure as shown
on Exhibit I. Said trash enclosure shall be included on all future construction submittals
and shall be subject to the review and approval of the Director of Development Services.
12. The applicant shall furnish the City a copy of his ABC license and a copy of any
conditions placed on the license by the Department of Alcoholic Beverage Control. This
. shall be done as soon as the license is received by the applicant from the State of
California Department of Alcoholic Beverage Control. Applicant shall comply with all
restrictions placed on its license from the Department of Alcoholic Beverage Control.
I 13. The hours of operation shall be:
(a) 11:00 A.M. to 10:00 P.M., Sunday through Thursday; and
(b) 11:00 A.M. to 11:00 P.M., Friday, Saturday, and holidays.
14. No video games or similar amusements shall be permitted on the premises.
IS. There shall be no exterior advertising of any kind or type, including advertising directed
to the exterior from within, promoting or indicating the availability of alcoholic
beverages.
16. A modification of the Conditional Use Permit shall be obtained when:
(a) The establishment proposes to change its type of liquor license.
(b) The establishment proposes to modify any of it's current conditions of
approval.
(c) There is a substantial change in the mode or character of operations of the
establishment.
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17. The Planning Commission reserves the right to revoke or modify this Conditional Use
Permit if any violation of the approved conditions occurs, any violation of the Code of
the City of Seal Beach, occurs, or for those reasons specified by Article 28, and in the
manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach.
18. Exterior lighting in the parking area shall be kept at a level so as to provide adequate
lighting for patrons while not unreasonably disturbing surrounding residential or
commercial areas. A lighting plan shall be provided, subject to review and approval by
Ordinance Number /31...z
,
the Director of Development Services, which promotes minimal disturbance to nearby
residences.
19. In the event staff determines that security problems exist on the site, the conditions of
this permit may be amended, under the procedures of the Seal Beach Municipal Code,
to require the provision of additional security measures.
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20. The establishment shall have a public telephone listing.
21. It shall be the responsibility of the applicant/licensee to provide all employees that sell
or serve alcoholic beverages with the knowledge and skills that will enable them to
comply with their responsibilities under Stale law. The knowledge and skills deemed
necessary for responsible alcoholic beverage service shall include, but not be limited to
the following topics and skills development:
(a) State laws relating to alcoholic beverages, particularly ABC and penal provisions
concerning sales to minors and intoxicated persons, driving under the influence,
hours of legal operations and penalties for violations of these laws.
(b) The potential legal liabilities of owners and employees of businesses dispensing
alcoholic beverages to patrons who may subsequently injure, kill, or harm
themselves or innocent victims as a result of the excessive consumption of
alcoholic beverages.
(c) Alcohol as a drug and its effects on the body and behavior, including the
operation .of motor vehicles.
(d)
Methods for dealing with intoxicated customers and recognlZlng underage
customers. The following organizations have been identified by the State
Department of Alcoholic Beverage Control as providing training programs which
comply with the above criteria:
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1) Department of Alcoholic Beverage Control L.E.A.D. Program;
Telephone: (714) 558-6482
2) Orange County A.D.E.P.T. Program, for referral to either the B.A.D.D.
or T.I.P.S. Program. Telephone: (714) 568-4187
22. The knowledge and skills deemed necessary for responsible alcoholic beverage service
as set forth hereinabove, shall include for on-premise licensed locations, but not be
limited to the following additional topics and skills development:
(a) Methods to appropriately pace customer drinking to reduce the risk that the
customer will not leave the premises in an intoxicated manner.
(b) Knowledge of mixology, including marketable alternatives to alcoholic beverages.
23. Litter and trash receptacles shall be located at convenient locations inside and outside the
establishment, and operators of such establishments shall remove trash and debris on an I
applopriale basis so as not to cause a health problem. There shall be no dumping of trash
and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00
A.M. and the rear trash enclosure shall remained closed and locked at all times when not
specifically in use and between the hours of 10:00 P.M. and 7:00 A.M.
24. The Planning Commission reserves the right to revoke or modify this Conditional Use
Permit pursuant to Articles 25 and 28 of the Code of the City of Seal Beach if harm or
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Ordinance Number g;tz.
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retail related problems are demonstrated to occur as a result of criminal or antisocial
behavior, including but not limited to the congregation of minors, violence, public
drunkenness, vandalism, solicitation and/or litter.
25. All alcoholic beverages sold in conjunction with the on-premise licensed establishment
must be consumed entirely on the premises prior to closing time. The sale of alcoholic
beverages for consumption off the premises shall be prohibited. Consumption of alcoholic
beverages shall be prohibited in the establishment's parking area. There shall be
appropriate posting of signs both inside and outside the licensed premises indicating that
drinking outsi~e the licensed premises is prohibited by law.
26. There shall be no live entertainment or dancing permitted on the premises at any time,
unless specifically authorized by a conditional use permit issued by the City and unless
such uses are consistent with the license conditions imposed by the State of California
Department of Alcoholic Beverage Control.
27. The proposed facility shall comply with Chapter 13D, "Noise Control", of the Code of
the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be
amended. Should complaints be received regarding noises generated by the facility, the
Planning Commission reserves the right to schedule the subject permit for reconsideration
and may require the applicant/operator to mitigate the noise level to comply with the
provisions of Chapter 13D.
28. Whenever the outdoor dining area is being utilized for the sale, service or consumption
of alcoholic beverages, a premise employee shall be in attendance and maintain
continuous supervision at all times to ensure the outdoor dining area does not create a
public nuisance contrary to public welfare and morals.
29. All alcoholic beverages served in the outdoor dining area must be served in glass
containers.
30. Interior remodeling and structural alteration shall be in substantial compliance with the
approved plans, and construction activity shall not commence until final building permits
have been obtained.
31. The applicant will prominently display these conditions of approval in a location within
the business's customer area, in one or more locations acceptable to the Director of
Development Services.
32. The Applicant shall indemnify, defend and save harmless City, its officers, agents and
employees from any and all claims and losses whatsoever occurring or resulting to any
and all persons, firms or corporations furnishing or supplying work, services, materials,
or supplies in connection with the performance of the use permitted hereby or the
exercise of the rights granted herein, any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Conditional Use Permit,
and from any and all claims and losses occurring or resulting to any person, firm,
corporation or property for damage, injury or death arising out of or connected with the
performance of the use permitted hereby. Applicant's obligation to indemnify, defend
and save harmless the City as stated hereinabove shall include, but not be limited to,
paying all legal fees and costs incurred by legal counsel of the City's choice in
representing the City in connection with any such claims, losses, lawsuits or actions, and
any award of damages or attorneys fees in any such lawsuit or action.
Ordinance Number ~01;1~
.
AITACHMENT B, RESOLUfION NO. 4239
MITIGATION MONITORING and REPORTING PROGRAM
I
NEGATIVE DECLARATION 93-3
CONDITIONAL USE PERMIT 92-23
(B J's CHICAGO PIZZERIA
209 MAIN STREET)
1. Mitil!ation Measure: The Initial Study has identified that the project,
without conditions, would impacts on traffic and parking. The project has been
conditioned upon the applicant agreeing to contribute an amount specified in the
Development Agreement to mitigate traffic and parking impacts from the project. The
property owner shall agree to participate in such in-lieu parking program as has been or
shall be established by the City Council for the amount equal to twenty-three (23) spaces.
. Any changes to the total parking requirement for the site shall cause the modification of
the rate of participation in the in-lieu program, subject to Planning Commission approval.
The applicant and/or property owner shall sign and record the in-lieu parking agreement I
or an alternative document acceptable to the City prior to the issuance of any building
permits and/or business license. The applicant realizes that this is an interim agreement,
and a permanent agreement may result in further costs per space. A covenant shall be
recorded on the title of the property which stipulates that twenty-one (21) additional
parking spaces are required for the restaurant use of the property, pursuant to the ~
of the City of Seal Beach I 28-1304(4), and two (2) additional are required for the
second story office use of the property, pursuant to the Code of the Cily of Seal Beach
128-1203, for a total of twenty-three (23) parking spaces. (City Council Condition of
Approval #5, Resolution No. 4239)
Method of Verification: Return of properly executed and recorded in-lieu parking
participation agreement and covenant.
Timlnl! of Verification: Upon return of properly executed and recorded in-lieu
parking participation agreement and covenant.
ResDOnsible Person/Al!ent'v: City Attorney - Approval as to form of in-lieu
parking participation agreement form and covenant; Department of Development Services
- Director and/or Assistant Planner - verification of receipt of recorded in-lieu parking
participation agreement and covenant prior to issuance of any building permits and/or
business license.
2.
Mitil!ation Measure: All requirements of the Orange County Health
Department and the Uniform Building Code shall be met prior to occupancy. (City
Council Condition of Approval #6, Resolution No. 4239)
I
Method of Verification: Receipt of approved plans by Orange County Health
Department and from City contraCt plan check engineering firm.
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5.
Ordinance Number
/;/7r2
.
Timin!! of Verification: Upon return ofproper/y approved plans by Orange County
Health Department and from City contract plan check engineering firm.
Resoonsible Person/ A!!encv: Department of Development Services . Building
Inspector - verification of approved plans prior to issuance of building permits.
3.
Mitil!ation Measure: All construction shall be in substantial compliance
with the plans approved through Variance 92-3 and CUP 92-23, identified as
. Attachment C, Conditional Use Permit 92-23 and Variance 92-3, Floor, Plot and
Elevation Plan. (City Council Condition of Approval #8, Resolution No. 4239)
Method of Verification: Review of approved plans by Department of Development
Services prior to acceptance for Plan Check review by City contract plan check
engineering firm.
Timin!! of Verification:
Upon receipt of required plans from applicant.
Resoonsible Person/Arenl'Y: Department of Development Services - Director
and/or Assistant Planner. verification of approved restaurant area prior to acceptance for
Plan Check review by City contract plan check engineering firm.
4.
Mifi!!ation Measure: The rear of the building shall be posted as a no
parking/loading zone between the hours of 8:00 a.m. and 10:00 a.m. and shall be
available for parking or loading at all other hours. The execution of this condition is
subject to the review and approval of the Director of Development Services. (City
Council Condition of Approval #9, Resolution No. 4239)
Method of Verification: Visual inspection to verify provision of required signs prior
to final inspection and issuance of certificate of occupancy.
TimiD!! or Verincation:
occupancy.
Prior to final inspection and issuance of certificate of
Resoonsible Personl A!!encv: Department of Development Services . Director
and/or Assistant Planner - verification of required signs prior to final inspection and
issuance of certificate of occupancy.
Miti!!ation Measure: In order to offset the lack of on-site landscaping, a
fee sha1I be paid to the City to purchase a maximum of six (6) street trees for the Main
Street area. Additionally, if deemed feasible by the City's Engineering Department, a
fee shall be paid to the City to cover the cost of purchasing and installing an additional
pedestrian bench on Main Street or other hardscape treatments to the sidewalk area
adjacent to the subject propeny. Said fee shall not exceed $5,000 and shall be paid as
a $5,000 deposit prior to issuance of a certificate of occupancy. (City Council Condition
of Approval #10, Resolution No. 4239)
Method of Verification: Receipt of $5,000.00 deposit from applicant.
Timin~ or Verification:
Prior to final inspection and issuance of certificate of
occupancy.
Resoonsible Personl Al!ency:
and/or Assistant Planner.
Department of Development Services . Director
Ordinance Number ~~~
6.
Mitil!ation Measure: The applicant shall furnish the City a copy of his
ABC license and a copy of any conditions placed on the license by the Department of
Alcoholic Beverage Control. This shall be done as soon as the license is received by the
applicant from the State of California Department of Alcoholic Beverage Control.
Applicant shall comply with all restrictions placed on its license from the Department of
Alcoholic Beverage Control. (City Council Condition of Approval #12, Resolution No.
4239)
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Method or Verification: Receipt of approved ABC license, with a copy of all
conditions placed on the license. Memo to CUP 92-23 file indicating date of receipt of
ABC license and conditions, with copy of license and conditions attached.
Timin, or Verification: Upon receipt of approved ABC license, with a copy of all
conditions placed on the license.
ResDonsible Person! Al!encv:
and/or Assistant Planner.
Department of Development Services - Director
7.
Miti2ation I\feasure:
The hours of operation shall be:
(a) 11:00 A.M. to 10:00 P.M., Sunday through Thursday; and
(b) 11:00 A.M. to 11:00 P.M., Friday, Saturday, and holidays.
(City Council Condition of Approval #13, Resolution No. 4239)
Method of Verification: Field inspection.
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Timine or Verification: Irregular basis, as determined by Police Department,
Department of Development Services, and Department of Alcoholic Beverage Control.
ResDonslble Person/ Al!encv: Police Department - Watch Commander; Department
of Development Services - Director and/or Assistant Planner; Department of Alcoholic
Beverage Control - Field Investigator.
8. Mitil!ation Measure: No video games or similar amusements shall be
permitted on the premises. (City Council Condition of Approval #14, Resolution No.
4239)
Method or Verification: Field inspection.
Timinl! or Verification: IJTegular basis, as determined by Police Department and the
Department of Development Services.
ResuonslbJe Person! Al!ency: Police Department - Watch Commander; Department
of Development Services. Director and/or Assistant Planner.
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9. Mitil!ation Measure: There shall be no exterior advertising of any kind or
type, including advertising directed to the exterior from within, promoting or indicating
the availability of alcoholic beverages. (City Council Condition of Approval #15,
Resolution No. 4239)
Method or Verification: Field inspection.
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Ordinance Number ~~
.
Timin!! of Verification:
Development Services.
Irregular basis, as determined by the Department of
R~DOn~iblf' Personl A2encv:
and/or Assistant Planner.
Department of Development Services - Director
10. Mitieation Measure: Exterior lighting in the parking area shall be kept at
a level so as to provide adequate lighting for patrons while not unreasonably disturbing
surrounding residential or commercial areas. A lighting plan shall be provided, subject
to review and approval by the Director of Development Services, which promotes
minimal disturbance to nearby residences. (City Council Condition of Approval #18,
Resolution No. 4239)
Method of Verification: Planning Department review of required plans and field
inspection, prior to project completion.
Tlminl! of Verincation:
project completion.
Upon completion of required lighting installation, prior to
Resoonsible Person I A2enrv:
Inspector.
Department of Development Services - Building
11. Mitil!stion Measure: Litter and trash receptacles shall be located at
convenient locations inside and outside the establishment, and operators of such
establishments shall remove trash and debris on an appropriate basis so as not to cause
a health problem. There shall be no dumping of trash and/or glass bottles outside the
establishment between the hours of 10:00 P.M. and 7:00 A.M. and the rear trash
enclosure shall remained closed and locked at all times when not specifically in use and
between the hours of 10:00 P.M. and 7:00 A.M. (City Council Condition of Approval
#23, Resolution No. 4239)
Method of Verification: field inspection.
Timinl! of Verification: Irregular basis, as determined by the Department of
Development Services.
ResDonslble Person/ A!!encv:
and/or Assistant Planner.
Department of Development Services - Director
12. Mitil!stion Measure: All alcoholic beverages sold in conjunction with the
on-premise licensed establishment must be consumed entirely on the premises prior to
closing time. The sale of alcoholic beverages for consumption off the premises shall be
prohibited. Consumption of alcoholic beverages shall be prohibited in the establishment's
parking area. There shall be appropriate posting of signs both inside and outside the
licensed premises indicating that drinking outside the licensed premises is prohibited by
law. (City Council Condition of Approval #25, Resolution No. 4239)
Method of Verification: field inspection.
Timin!! of Verification: Irregular basis, as determined by the Department of
Alcoholic Beverage Control and the Department of Development Services.
Ordinance Number ;I;?~
,
ResDonsible Person! Al!encv: Department of Alcoholic Beverage Control - Field
Investigator; Department of Development Services - Director and/or Assistant Planner.
13. Mitil!Btion Measure: The proposed facility shall comply with Chapter
13D, oNoise Control" . of the Code of the City of Seal Beach as the regulations of that I
Chapter now exist or may hereafter be amended. Should complaints be received
regarding noises generated by the facility, the Planning Commission reserves the right
to schedule the subject permit for reconsideration and may require the applicant/operator
to mitigate the noise level to comply with the provisions of Chapter 13D. (City Council
Condition of Approval #27. Resolution No. 4239)
Method or"Verification: Field inspection.
~iminl! of Verification: Irregular basis, as determined by Police Department and the
Department of Development Services.
ResDonsible Person! Al!encv: Police Department - Watch Commander; Department
of Development Services - Director and/or Assistant Planner.
14. Mitieation Measure: Whenever the outdoor dining area is being utilized
for the sale, service or consumption of alcoholic beverages, a premise employee shall be
in attendance and maintain continuous supervision at all times to ensure the outdoor
dining area does not create a public nuisance contrary to public welfare and morals. (City
Council Condition of Approval #28, Resolution No. 4239)
Method of Verification: Field Inspection.
I
Timinl! of Verification: Irregular basis, as determined by Police Department and the
Department of Development Services.
Responsible Person! Al!encv: Police Department - Watch Commander; Department
of Development Services - Director and/or Assis~t Planner.
15. Mitil!ation Measure: All alcoholic beverages served in the outdoor dining
area must be served in glass containers. (City Council Condition of Approval #29,
Resolution No. 4239)
Method or Verification: Field Inspection.
Timine of Verification: Irregular basis, as determined by Police Department and the
Department of Development Services.
ResDonslble Person! Al!encv: Police Department - Watch Commander; Department
of Development Services - Director and/or Assistant Planner.
16. Mitil!stion Measure: Interior remodeling and structural alteration shall be
in substantial compliance with the approved plans, and construction activity shall not
commence until final building permits have been obtained. (City Council Condition of
Approval #30, Resolution No. 4239)
I
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B~
,
Ordinance Number
Method of Verifiation: Verification of substantial compliance of construction plans
to approved plans by Department of Development Services prior to submission by City
for Plan Check review by City contract plan check engineering firm.
I
Timin, or Verification:
Upon receipt of required plans from applicant.
Rt!!lDonsfble Person! A,encv: Department of Development Services - Director
and/or Assistant Planner - verification of substantial compliance of construction plans to
approved plans prior to submission by City for Plan Check review by City contract plan
check engineering firm.
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Ordinance Number ;lorJ1-Z
,
EXHmIT "0"
D
VARIANCE 92-3
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ATTACHED
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Ordinance Number ~~
,
APPENDIX B
NEGATIVE DECLARATION
fOR: Conditional Use Permit 92-23 and Variance 92-3
(Projec/)
Application has been filed with the City of Seal Beach for approval of the project known as be
Conditional Use Permit 92-23 and Variance 92-)
located at 209 Main Street Seal Beach CA 90740
and to be impJemenled by Citv of Seal Beach
The project is briefly described as:
A reQuest to reODen a restaurant in a locallv recoBnized historic structure The proposed
restaurant as was the case ~ith the previous restaurant which dosed in Ju1r 1991 will have a
parkinB d~ficien~ of21 on-site parkinB spaces
Pursuant to the authority and criteria contained in the California En\;ronmental Quality Act
(CEQA) anu the CEQA Guidelines of the Cit)' of Seal Beach, the Lead Agency has analyzed the
project and determined that the project ~il\ nm have a significant impact on the environment
Based on this finding, the Lead Agency prepared this NEGA TI\'E DECLARA TIOS.
A copy of the Initial Study, documenting reasons to support the finding, is attached. Mitigation
measures, if any, included in the project to avoid potentially significant effects are.
Attached as "Exhibit A" CPa~e 37 ofInitial Study)
A period oratleast 21 days &om the date of publication of the notice of this }l.LGA TIVE
DECLARATION will be provided to enable public review of the project specifications, the
Initial Study and this document prior to the final adoption of the NEGA TlVE DECLARA TJOS
by the Lead Agency. A copy of the project specifications is on file in the offices of the
Department of Development Services, 211 Eighth Street, Seal Beach, CA, 90740.
Date: Februarv 17 1993
e Whittenberg
irector of Development Sel\' s
Ordinance Number ~~;1~
~ ,
Attachment A
Proposed Mitigation Measures
1.
In order for a restaurant to be reestablished on the propeny which has historically housed
. restaurant, the propeny owner must record a covenant on the title of the propeny
indicating the following:
A. The property shaD panicipate in the City's interim parking mitigation program until
such time as a permanent parking program is established Upon the establishment
of a permanent parking program the propeny shall panicipate in such program for
the 21 deficient parking spaces.
B The hours of operation shalI be
11 :00 a.m to JO'OO p rn Sunda)' through Thursday
J I :00 a m to 1 1 '00 P m Friday and Saturda)'
C. The last call for ordering alcoholic beverages shall be no later than ten (10)
minutes prior to closing (9.50 p m (1050 p.m. on Friday and Saturda)')), a
complete menu offood shalI be available for purchase up to at least one-half hour
prior to closing (9,30 p.rn (10,30 p.m.)) and aII patrons shall be out of the
restaurant v.ithin one-half hour of closing (10.30 p.m.(1 I :30 p.m.)).
2.
Applicants shall indemnify, defend and save harmless the City of Seal Beach, its officers,
agents and employees (collectivel)', "the City") from and against any and all liability or
expense, whatsoever occurring or resulting to persons or propeny for damage, bodil)'
injury or death arising out of or in connection with the issuance of this appro\'al or the
exercise of the rights accruing from this approval, and shaII specificalI)' include, without
limitation, all challenges to, or claims, lawsuits or actions arising from, the issuance of this
approval. Applicants' obligation to indemnif)', defend and save harmless the Cit)' .shall
include, but not be limited to, defense costs and fees incurred by legal counsel of the City's
choice.
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PROOF OF PUBLICATION
(2015.5 C,C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SllN, a newspaper
of general circul~tion, printed and
published weeklv in the City of .5.eaI.
Beach, County of Orange and which
newspe"per has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2/24f75. Case Number A82583;
that the notice of which the annexed
is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on the
following dates, to-wit:
.T~ "J,tf; 1u.1j1
all in the,year 19~.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this 0day of J~, 19..li..
~u- l<1ta.9p~
Signature
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(310)430-7555
.
Ordinance Number
1~1'z
I
This space for lor the County Clerk's
Filing Stamp
Proof of Publication of
NOTICE OF PUBLlC,HEARING
............................ .
NonCE OF
PUBUC HEARING
NOTICE IS HEREBV GIVEN Illot
11Io C.If Council at Ill. City of
5.al Beach Will hold. PUblic
hotrirv on Mondoy, July 12, 11193
81 7:00 p.m. In Cnr Council
CIIomborI, 211 EighIh 5"01, SttI
Bueh. Call1om18, 1D consider the
1DI1owIng,.....
A DEYELOPMENT AGREEMENT
far CONDITIONAL USE
PERMIT 12-23
201 MAIN STREET, SEAL
BEACH
....0 CHICAGO PIZZERIA
SlIlIuIIl;
A reque.t 'D approve .
DtveIopmIflI "-,_
I,", CIty 01 Sui BOlCh ond "'0
oppII....L IIh _ _, UnlilOd
Parmw.hip. 8 . condillon of
~ of CcIrd1ionII Uto_,
No.Il2-23.
~rNIlD1'1mMt111.._...r.
TNslCII'" II wllhin 11Io _ 01
NogoU.. llecI..otlon No, 13.3,
which wos corllhod by Iho CIIf
Council on Jun. 28, 1993. Th.
p,."JOUI Nqarlwt declafarlon
odoquoIoIy _1IH 11Io ICII"DoI
propoOR for .110 purPOSOI .,
CEOA and no furth.r
__I_ia...rod.
~~..
Artlcfe 27.5, Dev.lopm.nt
Agroomonll, Socdon '28-2751
1hrough 2Jl.2nIl.
AnnReant"
BJ's Se.' I.ach, Limited
P......~p
PrNwwtv ~.
Blschol 209 UOln, L1mlMd
-p
A,"'o Obo.. dmo _ p_ oil
1n___bohHnlll
10 d'lired. If rou chall.ng. the
___m-n.youmoy
b. IImlled 10 ralllnll only thos.
_ yau or __.... ..lOCI
01''''0 public Iiooring dowllloclln
thiS nOllce. Dr In .rlll.n
.....apondenco doIivorod 10 lho
CIty 01 SooI _ Ol or prior 10,
b _Ic Hoonllll,
DATED This 2101 doy ., Juno,
Il1113S
....... V.., CIIr Clark
CIIy of__
.blo24:...., 1,1l1113
Pu_lnb__SUn
Ordinance Number ;I~j1~
.
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 mailer.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weeklv in the City 01 ~
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 2/24ns. Case Number AB2SB3;
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:
f2, Ci1~-;( S~
all in the yea(/.. 9.Jl..a....
Proof of Publication of
SUMMARY
. . . . . . . ., ORDINANCE NUMBER
1372
.".. nit_NT AftA~~II~NT
ILrR DD71:'AI'&
. . . . . . . . ~_I37201!heCity
oISoo1__.
OO.....'....Ag_,_
!he CII)' 01 5001_ 8Ild BIICIIoII
2DtI Mlin S_ L.P.far!he B.h
-. Pnljoa (CondIlionaJ Uoo
PEnnit lI20Zll V_ 82-3) ond
_far adjuIIIIIOnI or_oI
!heb1llllc_roo. Onf......
Ibnbar 1372_ In_ at !he
ragulor City Coln:iIMaoling 01...1y
26, 1983 one! ~1Il_lng.os
11I_ br!he 'oU-..g....:
Aroo: BI1lWII.llaano, F....yI/Io
Has'ngl, Lamo '
NooI: Nono
Million Cornod
Onf...- Nurnllor 1372..
-_ roodlllg one! bo
....Ido.... far lIdapIIon .,11I0
lOgUIor City Co""", IIIOOling 01
Auguste, 1983. CapIoo 01
Onflnanao Nurnbor 1372...
avaJlabIo !ram !he oIIico 01 !he C11)'
Clort<,CiIyHall,211.8IhS~
SoaJ _, CI 90740: l8Iop/lano
(310) 431.2527
OOllldlll'"271hdoyO''''Iy,IIl93.
IIJoanno M. V.., C11)' CIork
01)' 01 SoaJ BOOCh
SIlN Pub AugustS, 1983
I
I certify (or declare) under penalty of
pe,rjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this S" day of (i"r .:t-, 19.Jl..a....
cr~'.,...J a.&-.
Signil'!'Gre
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
P.O, Box 755
Seal Beach, CA 90740
(310)430-7555
I
I
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I
Ordinance Number ~~~~
,
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weekly In the City of ~
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 2124ns. Case Number AB258.~;
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 ates, to-wit:
If
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
SUMMARV.OR~CE
. . . . . . . . . NUMBER 1m
DEVELCIPIIIENT _EIIENT.
..... PIZZERIA
......... ...
0Id_ _1372 "'... Cdy
or a.., SHch .,,'DY.' .
Dowlapment Atroemont_n
... CIII' 01 SUI_ ond III_I
l!lllI MaIn Stroo' L.P. far ... BJ'I
"'.zen. ProJoct (Conditional U..
PonnIt I12-ZWlllialKll t2-3) and .
_, lor 1Idj..1mOnI 01 ... IrIlIIc
Impac. ,... Ordl....... Numbo,
'372 ",..Iwed . ....nd reading
and _ adaprad II'" raauIIr Cdy
Coundl _ng '" Augult OIl, 111113
..,..,.11__:
Ar..: Brown. Doane. Hailing.,
Luzolo
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CoIliIa 01 001"..... Nu_, 1372
.. _'ulo frDm ... DIIICO '" ...
CItr CIork, CItr Hal, 211. 8111 S-.
SUI _: ....- (310) 431.
2527.
Datod thll 10th d.1' ., Augult,
11lll3,
IlJoannoU.V..,
CItr CIork, ClII' "'- _
sa-XX PubAugu1l18. 1_
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this /t day o~, .19A.
~~
Sig!)llfure
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