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AGENDA STAFF REPORT
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DATE: September 12, 2016
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: HISTORIC DESIGNATION OF THE COMMERCIAL
PROPERTY LOCATED AT 340 MAIN STREET - BAY
THEATER
SUMMARY OF REQUEST:
That the City Council approve Resolution No. 6685 to designate the Bay Theater,
commercial structure located at 350 Main Street, as a historic resource.
BACKGROUND AND ANALYSIS:
The Historic Preservation Committee was tasked with developing and implementing
programs that ensure the identification, designation, and protection of cultural resources
in the City. The Committee identified guidelines to use for the designation of historic
resources in the City and compiled a list of potential resources that meet these
guidelines.
The Bay Theater was identified by the Historic Preservation Committee as a potential
resource because the building meets guidelines 4 and 5 as adopted by City Council
Resolution 6618 and provided below for reference.
4. The building, structure, object, resource or site contributes to the overall
character and history of a neighborhood or district and is a good example of
period architecture.
5. The building, structure, object, resource or site is associated with events that
have made a significant contribution to the pattern of local, state or national
history.
The Bay Theater should be recognized and preserved as a resource that represents the
historical value of Seal Beach, particularly the Main Street area. The Bay Theater has
been a notable presence on Main Street since its opening in approximately 1947. The
Bay Theater remained in operation as a single screen theater until its closure in 2012.
Agenda Item 0
The historic designation of any resource is a voluntary process that requires a request
from the property owner. The Bay Theater is currently in escrow but, the buyer has
requested historic designation of the structure so that the structure can be restored and
reopened as a theater. The current owner has submitted a letter identifying that there is
no opposition to the buyer's request; however, if escrow does not close and ownership
of the property is not transferred to the buyer, then the designation should be rescinded
as this is not the current owner's request. The attached Resolution identifies this
request.
ENVIRONMENTAL IMPACT:
This action is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations
(14 California Code of Regulations §§ 15000, et seq.) because the resolution
establishes designation of a historic resource for recognition purposes only. The action
therefore, does not have the potential to cause significant effects on the environment.
Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code
Regs. §§ 15308, actions in compliance with the requirements of CEQA.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved it as to form.
FINANCIAL IMPACT:
There is no financial impact for this item.
RECOMMENDATION:
That t ity Council approve Resolution No. 6685 to designate the Bay Theater,
comm rcial structure located at 340 Main Street, as a historic resource.
SUBMITTEIP BY:
Jim BaVhb'm
Director of Community Development/
Community Services
Prepared by Crystal Landavazo, Senior Planner
NOTED AND APPROVED:
- 11 !G_ : ' 1 �I �iY F
Attachment:
A. Resolution Number 6685 designating the Bay Theater, a commercial structure located at
340 Main Street, as a historic resource.
B. Letters from Current Owner and Buyer
C. Images of Bay Theater
Page 2
Attachment "A"
RESOLUTION NUMBER 6685
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DESIGNATING
THE BAY THEATER A COMMERCIAL STRUCTURE LOCATED AT 340
MAIN STREET AS A HISTORIC RESOURCE IN THE CITY OF SEAL
BEACH
THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE:
Section 1. The City Council recognizes the importance of historic resources and the
need to preserve certain buildings having special architectural, cultural, or historical
value.
Section 2. A Historic Preservation Committee was established by Resolution 6584,
comprised of citizens representing all five (5) voting Districts with an interest in
preserving those resources that represent the history and culture of Seal Beach.
Section 3 The Historic Preservation Committee developed guidelines for identifying
potential historic resources and established policies and procedures for reviewing and
officially designating historic resources. City Council Resolution 6618 adopted these
guidelines and procedures for the designation of historic resources.
Section 4. The Bay Theater was identified as a potential historic resource by the
Historic Preservation Committee because it met guidelines 4 and 5 as identified below.
4. The building, structure, object, resource or site contributes to the overall
character and history of a neighborhood or district and is a good example of
period architecture.
5. The building, structure, object, resource or site is associated with events that
have made a significant contribution to the pattern of local, state or national
history.
Section 5. This action is exempt from review under the California Environmental
Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA
regulations (14 California Code of Regulations §§ 15000, et seq.) because the
resolution establishes designation of a historic resource for recognition purposes only.
The action therefore, does not have the potential to cause significant effects on the
environment. Consequently, it is categorically exempt from further CEQA review under
14 Cal. Code Regs. §§ 15308, actions in compliance with the requirements of CEQA.
Section 6. The subject site is currently in escrow and the request for historic
designation was made by the buyer. The seller (current owner) has provided property
owner authorization of this request; however, the designation must be contingent upon
the close of escrow. If escrow does not close and ownership is not transferred to the
buyer, the seller does not seek the historic designation and the designation will be void.
Resolution Number 6685
Section 7. Designated historic resources will be provided with a plaque to identify
their historic significance and featured in the City's Historic Resource Inventory.
PASSED, APPROVED, and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 12th day of September, 2016 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Sandra Massa - Lavitt, Mayor
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6685 on file in the office
of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a
regular meeting held on the 12th day of September, 2016.
Robin L. Roberts, City Clerk
Attachment "B"
R.E. Loderhose Enterprises, Inc.,
a California Corporation
13014 N. Date Mabry Hwy. #824
Tampa, FL 33618
July 28, '2016
Mr. Jim Basham :
Director of Community Development /Community Services
City of Seal Beach
211 8ih Street
Seal Beach, CA 90740
Re; Bay Theatre; 340 Main Street, Seal Beach, CA.90740
Dear Mr. Basham:
City of Seal Beach
Received
AUG 01 2016
Community Development
.Department
R.F. Loderhose Enterprises, Inc., a California corporation is the owner of the
Bay Theatre; located at 340 Main Street, Seal Beach, CA 90740. It is presently in
escrow, to sell the property to Dunlap Property Group, Inc., or assignee. It is our
understanding that Dunlap Property Group, Inc. is seeking a Conditional Use Permit
and needs a Letter of Consent toallow it to proceed forward with that process and
to allow it to request a resolution by the City Council designating the•property and
building historic.
Consent . is hereby given by the undersigned current owner for the
submission of a Conditional Use Permit by Dunlap Property Group, Inc. as well as
their equestfor the City Council to issue a resolution designating the property and
building historic provided that the historical designation -be. conditioned upon
Dunlap Property Group, Inc. or its assignee closing escrow and . unless that
condition is met, no historical designation will be placed upon, the property. Ne
rely on„the procedure you described in your email to Richard S. Price, 11, a copy of
which is attached as Exhibit "1."
RLS /hnh
cc: Sandra Massa - Labitt, Mayor
Mike Varipapa, Mayor Pro Tern
Sincerely,
R.E. Lo • rlios#Ierp ises; lne.
By: 'Re a L. Singert
EXHIBIT "1"
From: Jim . Baehom <JbashatnQeeolbaachcagov>
To rspicell'gapdceii(�aol.com>
cc: Crystal Landavaio �ciandavazo@seaibeachea.gov>
Subject: FW: Bay. Theater
Date: Wed, Jul 20, 2018 11:45 am
Mr. Price,
We received.your volcemail Indicating that the seller requested some form of written confirmation regarding the
historic designation of the Bay Theater. We are not able to provide any form of confirmation because the
designation Is something that must be approved by the.Clty Council not City staff.
For your reference, City staff proposes to recommend that the City Council designate the Bay Theater property as
a Historic Resource. Property owner authorization is required before the, City Councll can designate a property as
historic. The staff report will. clearly Indicate that the property Is in escrow and in.the process of changing
ownership:
For this reasonwe need -a letter to be provided. by Mr. Dunlap stating that he is in escrow,: which is scheduled to
close within. the agreed upon period of time, and he wishes to have the property designated as a His
Resource. Similarly, we need the seller to provide a letter Indicating that she does not object to the buyer's de site
for a hlstoi'ic designation but, if for, some reason escrow does not close and she retains' ownership of the
property, she does not Want the historic designation.
The staff report and Resolution will specify the desires of both the buyer and the seller so that If escrow does not
close and Mr. Dunlap does not take ownership of -the property, the City's :designatlon will be removed based on
the current owner's expressed objection. _
Please-let me know if any additional claiif cation is needed regarding the Historic Designation process.
Respectfully;
Jim Basham
Director of Community Development
City of Seal Beach
(562) 431 -2S27; Fat. 1313
DUNLAP PROPERTY GROUP, INC.
801 E. Chapman Avenue, Suite 233
Fullerton, CA 92832
July 28, 2016
Mr. Jim Basham
Director of Community Development/ Community Services
City of Seal Beach
211 8 " Street
Seat Beach, CA 90740
Re: Bay Theatre; 340 Main Street, Seal Beach, CA 90740
Dear Mr. Basham:
City of Seal Br'trk
Receives:
AUG 01 2016
Community Developir,em
Department
Dunlap Property Group, Inc. is in escrow to purchase the Bay Theatre located
at 340 Main Street, Seal Beach, CA 90740 ( "Property"). The sale transaction is
supposed to close October 19, 2016.
On behalf of Dunlap Property Group, Inc. we request that the City process
our Application to have the above referenced Property declared a historic resource.
The Seller will be providing you with a separate consent letter consistent with this
request. Such designation is contingent upon the sale of the Property to Dunlap
Property Group, Inc. or its assignee.
Should you have any questions, feel free to give me a call.
8o, E. Chapman Ave. • Suite 233 • Fullerton, CA 9283"
tel: (74) 879 -0m • faa: (714) 879-01" 2
dpgrexon"
Attachment "C"
BAY THEATER
Current Photo of Bay Theater
Historic Photo of Bay Theater