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HomeMy WebLinkAboutCC Res 4197 1993-01-25 RESOLUTION NUMBER 4/9 '/ . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION 92-8 AND APPROVING CUP NO. 92-13, PERMITTING A SINGLE, NON-AMPUFIED ENTERTAINER IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 143 MAIN STREET, SEAL BEACH (pAPILLON RESTAURANT) I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE, AND FIND: Section 1. On September 9, 1992, Nader Tahvildari ("the Applicant") filed an application for Conditional Use Permit No. 92-13 with the Department of Development Services, The Applicant seeks to establish an entertainment cafe in conjunction with Papillon Restaurant, an existing restaurant at 143 Main Street, Seal Beach pursuant to fi 28-1300(7)(i) of the ~ of the City of Seal Beach. The Applicant wishes to provide a single, non-amplified musician, such as a pianist, violinist, harpist or a guitarist, during evening dining hours, Section 2. Pursuant to 14 Calif. Code of Regs, fi 15025(a) and fi II,B of the City's Local CEQA Guidelines, the Department of Development Services has determined as follows: The application for CUP No. 92-13 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs, 0 15301 (Existing Uses), because it involves the negligible expansion of an existing use; pursuant to fi 15305 I (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in a land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density; and finally, pursuant to fi 15061(b)(3), because it can be seen with certainty that there is 'no possibility that the approval may have a significant effect on the environment, Section 3. A duly noticed public hearing was held before the Planning Commission on November 4, 1992 to consider the application for CUP No. 92-13. Evidence, both written and oral, was submitted for and against the project. Section 4. The record of the hearing on November 4, 1992 indicates the following: (a) The subject property is located at the southwestern corner of Central Avenue and Main Street and contains approximately 8,813 square feet. The property has approximately 75 feet of frontage on Main Street and is generally flat and rectangular. Main Street and Central Avenue are developed to their ultimate rights-of-way of eighty feet (80') and sixty feet (60'), respectively, (b) The property currently contains an existing restaurant with a currently valid alcoholic beverage license for on-sale general liquor which operates during the following hours: 11:00 a.m. to 1:00 a.m., Monday through Saturday 9:00 a.m. to 11:00 p.m" Sunday. I (c) The subject property's surrounding land use and zoning classifications are as follows: NORTH Existing restaurant in Service Commercial (C-I) Zone. Resolution Number h/t:J1 SOUTH & EAST Commercial retail businesses in the Service Commercial (C-1) Zone, WEST Grace Brethren Church in the Residential High Density (RHO) Zone. (d) The subject property has previously received the following approvals from the Planning Commission: I (1) Variance 15-84 for the provision of fewer than the required number of on- site parking spaces. (2) Condition Use Permit 19-84 for on-sale beer and wine sales in conjunction with a delicatessen restaurant, issued to Old Town Wine and Gourmet. (3) Conditional Use Permit 22-84 to permit the establishment of a take-out delicatessen restaurant approved January 1985. (4) Variance 2-89 for the provision of fewer than the required number of on- site parking spaces in conjunction with a new restaurant, (5) Conditional Use Permit 2-89 for an on-sale general liquor sales in conjunction with a new restaurant. (e) The Department of Development Services deems the property to meet all parking requirements of the City's ~, (f) The Seal Beach Police Department reviewed the application for CUP No. 92-13 and reports that it has no reservations regarding the proposed entertainment cafe, I (g) The Planning Commission received three comments in response to the notices of the hearing on CUP No. 92-13: two (2) opposed to the application (one written and one oral) and one (1) written response in favor of the application, No comments were received from the Grace Brethren Church, although the minister of that church did state his opposition to a similar application (a modification of CUP No. 92-2 to extend the hours of operation of the Seaside Grill) heard by the Planning Commission on the same evening as the present application. (h) Staff inspected the subject property on October 29, 1992, and found that the applicant has complied with all conditions of approval of CUP No. 2-89, (i) The subject property is located over 150 feet from the nearest residential structure. (j) Non-amplified music is normally quieter than stereo systems, which are permitted by right under the City's zoning ordinance. Both live musicians and stereo music are required to abide by the City's noise standards, but enforcement of noise restrictions on entertainment cafes is aided by the conditional use permit requirement for such uses, which permits the imposition of appropriate conditions of approval and, if appropriate, the revocation of such a permit if noise violations occur. I (k) Papillon Restaurant is a full-service restaurant featuring continental cuisine and has no history of extraordinary demands for police services or of nuisance complaints from neighboring residents, Section 5. Based on the foregoing, the Planning Commission found: Resolution Number J.//91 (a) CUP No, 92-13 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 entertainment cafes subject to the issuance of a Conditional Use Permit. 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. (b) The building and property at 143 Main Street are adequate in size, shape, I topography and location to meet the needs created by the proposed use of the property. (c) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. (d) As conditioned hereby, approval of non-amplified, live entertainment at the site will be compatible with surrounding uses and the community in general and will not be detrimental to the neighborhood. Section 6. Accordingly, the Planning Commission adopted Resolution 92-48, approving a categorical exemption for the subject request, and approving Conditional Use Permit 92-13, subject to certain terms and conditions, by a 5-0 vote, Section 7. As noted above, the project is categorically exempt under CEQA. However, due to community concern as to whether a series of applications for uses proposed for other properties on Main Street may have a cumulative impact, the Council instructed staff, inter alia, to prepare an Initial Study for the present application and all future applications involving new or expanded uses on Main Street. Section 8. Pursuant to 14 Calif. Code of Regs. fi 15025(a) and fi II.C and III of the City's Local CEQA Guidelines, staffprepared an Initial Study and a Negative Declaration which I were circulated for public review and comment from December 18, 1992 to January 11, 1993, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines. Section 9. An appeal of the approval by the Planning Commission of the requested Conditional Use Permit was duly filed with the City, and the City Council held a duly noticed public hearing on January 4, 1993. At the January 4, 1993 public hearing, the City Council received into evidence, inter alia, the Report of the Planning Commission, including; (a) the Planning Commission Staff Report of November 4, 1992, with Attachments 1 through 7. (b) the Planning Commission Minutes of November 4, 1992. (c) Planning Commission Resolution No. 92-48, recommending approval of Conditional Use Permit 92-13, with fifteen (15) conditions. (d) Appeals by Councilwoman Marilyn Hastings and by Reva Olsen, dated November 23 and 24, 1992, respectively. (e) Initial Study and Proposed Negative Declaration, CUP 92-13. I In addition, the City Council received a staff report from the Director of Development Services, and written and oral evidence for and against the project, including evidence from Appellant Olsen. Section 10, On January 11, 1993, the City Council received additional comments on the Initial Study and Proposed Negative declaration, received an additional staff report which I I I Resolution Number 4/91 - discussed the issues raised at the January 4, 1993, public hearing and heard from Appellant Olsen and the applicant. Section 11. The City Council considered all oral and written testimony and evidence presented at the time of the public hearings. Based upon the facts !X)ntained in the record, including those stated in this Resolution, and pursuant to U 28-2503 and 28-2504 of the City's ~, the City Council hereby fmds as follows: (a) The record reveals that the addition of a single, non-amplified musician to the existing restaurant use 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 the Growth Management Element. CUP No, 92-13 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 entertainment cafes subject to the issuance of a Conditional Use Permit. 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. (b) The building and property at 143 Main Street are adequate in size, shape, topography and location to meet the needs created by the proposed use of the property. The musician and any customers that will be attracted to the restaurant because of the entertainment can easily be accommodated by the existing structure and by available parking. (c) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use, (d) As conditioned hereby, approval of non-amplified, live entertainment at the site will be compatible with surrounding uses and the community in general and will not be detrimental to the neighborhood. (e) The City Council hereby affirms that it independently reviewed and analyzed proposed Negative Declaration No. 92-8 prior to acting on the appeal and hereby finds as follows: (1) Negative Declaration No, 92-8 was prepared by City Staff and therefore reflects the independent judgement 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 and 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. Section 12. Based on the foregoing, the City Council hereby adopts Negative Declaration No, 92-8, and approves Conditional Use Permit 92-13, denying the appeals filed regarding this matter, subject to the following conditions: 1. CUP No. 92-13 is issued to Nader Tahvildari for the establishment of an entertainment cafe providing non-amplified entertainment by no more than a single musician at 143 Main Street. Resolution Number ~/9 7 2. CUP No. 92-13 is non-transferrable. 3. The-Applicant remains bound by the conditions of CUP No. 2-89 and Variance No, 2-89. 4, The Applicant shall not permit singing or dancing on the subject property, s. The City reserves the right to revoke entertainment privileges at any time pursuant to a noticed public hearing before the Planning Commission for any violation of these conditions or of the Code of the City of Seal Beach, or, in the absence of a violation of these conditions, if the Commission or Council, upon appeal, deems the exercise of such privileges to be incompatible with the lIeighborhood. I 6. All entertainment shall comply with the noise requirements set forth in Chapter 13-0 of the Code of the City of Seal Beach, as those regulations now exist or are hereafter amended, 7. This CUP is subject to the City's action on proposed Zoning Text Amendment 92-2 and the conditional approval herein shall confer no exemption from the provisions of any subsequently enacted ordinance governing the establishment and maintenance of entertainment cafes, even if such ordinance prohibits entertainment at the subject property, in which case this permit shall be rendered null and void and any entertainment on the site shall cease upon the effective date of any such ordinance. 8, The Applicant shall comply with all restrictions placed on its license from the California Department of Alcoholic Beverage Control (ABC). 9. The Applicant shall sign and return to the City an "Acceptance of Conditions" form and provide the City with evidence satisfactory to the Department of Development Services that the operation of an entertainment cafe does not violate any condition of the ABC license issued for this property. I 10. Entertainment shall begin no earlier than 7:00 p,m, and shall end no later than 11:00 p.m. 11. The Applicant shall prominently display the conditions of approval of this CUP within the restaurant's lounge and dining areas, in one or more locations acceptable to the Director of Development Services. 12. This Conditional Use Permit shall not become effective for any purpose unless the "Acceptance of Conditions" form (condition 9 above) has been signed by the Applicant and property owner, signed before a notary or a City staff member subject to proper identification, and returned to the Department of Development Services, 13, A new Conditional Use Permit for the use contemplated herein shall be required when any of the following occur: (a) a transfer of majority ownership of the business; (b) the establishment proposes to modify any of its current conditions of approval; or I (c) there is a substantial change in the mode or character of the operations of the establishment. 1 .1 I Resolution Number ii/t'/1 14. The term of this permit shall be four (4) months from the date that entertainment begins on the subject property. At the end of the four-month term of this permit, the.Applicant may apply for an eight-month extension of CUP No. 92-13, The Commission may grant such an eight-month extension provided all conditions of approval have been met and no extraordinary demand for law enforcement services occurs with respect to the subject property, or other significant problems associated with the entertainment use arise, If such an eight-month extension is approved, the Applicant many then apply for a twelve-month extension, and then for a third, indefinite extension of CUP No. 92-13 under the standards of the Code of the City of Seal Beach and the standards of this condition. 15. The Applicant shall indemnify, defend and save harmless the City of Seal Beach, ,its officers, agents and employees from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury, death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and save harmless the City as stated hereinabove shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, and any award of damages or attorneys fees in any such lawsuit or action. Section 13. The proposed mitigation monitoring program attached hereto as Exhibit II A" is hereby adopted. Section 14. 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 City of Seal Beach, unless a shorter time is provided by other applicable law. , APPROVED AND ADOPTED by the City Council of the City of Seal Beach ting thereof held on the ~t(. day of "' , 199 Y the fol1 ing vote: NOES: Councilmembers ~ AYES: Councilmembe ABSENT: Councilmembers ~n,", / :l, MI~~ MAYOR ' ...~:n~~"" ~ f SEAL .. .:" '" 0 ......... 8,,:~q,' i-~ "'OI'Ofl4".~"'f~' ~ l\+ '#:\,-s. 'lit: b' y,... i . .~ . . o. .c( Z"'\c;.. \ "- o';E~ ~."" ..~.. .....~2 v,:"'Q..,.OO"J."A \,,'ct....l;j~ 'r,.. ~ e. 21 , .. ~.# "I C' ......... ...,;.... 11\\ OUNT'!.t $' \\\\\\'\\"'~ STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } SS Resolution Number ill q7 I, Joanne M. Yeo, City Clerk of Seal Beach, Califo '. do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and ~ted~ the City C unci the City of Seal Beach, at a regular meeting thereof held on the ~- day of 1993, I I I I I I Re..solution Number ~ /97 EXHIBIT "A", RESOLUTION NO. 4197 MITIGATION MONITORING AND REPORTING PROGRAM NEGATIVE DECLARATION 92-8 (PAPILLON RESTAURANT) 1. ~itieation MpJu,nre: The Applicant shall not permit singing or dancing on the subject property. (City Council Condition of Approval #4, Resolution No. 4197) Method of Verification: Field inspection. 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 Assistant Planner, 2. Miti,ation Mp""nre: All entertainment shall comply with the noise requirements set forth in Chapter 13-D of the Code of the City of Seal Beach, as those regulations now exist or are hereafter amended. (City Council Condition of Approval #6, Resolution No. 4197) Method of Verification: Field inspection, Timine of Verification: Irregular basis, as determined by Police Department and the Department of Development Services. ResDonsible Person! Aeencv: Police Department - Watch Commander; Department of Development Services - Director and!or Assistant Planner. 3. Mitieation Measure: The Applicant shall comply with all restrictions placed on its license from the California Department of Alcoholic Beverage Control. (City Council Condition of Approval #8, Resolution No. 4197) Method of Verification: Field inspection. Timinl! of Verification: Irregular basis, as determined by the Department of Alcoholic Beverage Control and the Department of Development Services, Responsible Person! Aeencv: Department of Alcoholic Beverage Control - Field Investigator; Department of Development Services - Director and/or Assistant Planner. 4. Mitiption Measure: The Applicant shall sign and return to the City an . Acceptance of Conditions" form and provide the City with evidence satisfactory to the Department of Development Services that the operation of an entertainment cafe does not violate any condition of the ABC license issued for this property, (City Council Condition of Approval #9, Resolution No. 4197) Method of Verification: Return of properly executed "Acceptance of Conditions. form and copy of ABC license with conditions re: live entertainment. Resolution Number 4191 Resolldioll No. 4197, Exhibit II Mltigalioll Mollitor/llg and Report/llg Program Negalive DedartUioll 92-8, Papilloll Restauralll January 25. 1993 1'iminl! of Verification: Upon return of properly executed "Acceptance of Conditions. form and copy of ABC license with conditions re: live entertainment. Resnonsible Person! A~encv: andlor Assistant Planner. Department of Development Services - Director I 5. hf.lti~ation MpJlCIIl"e: Entertainment shall begin no earlier than 7:00 p.m. and shall end no later than 11:00 p.m. (City Council Condition of Approval #10, Resolution No. 4197) Method of Verification: Field inspection. Timlnl! of Verification: Irregular basis, as determined by Police Department, Department of Development Services, and Department of Alcoholic Beverage Control. Responsible Person! AJencv: Police Department - Watch Commander; Department of Development Services - Director andlor Assistant Planner; Department of Alcoholic Beverage Control- Field Investigator. 6. Mltil!ation MpJlCllre: The Applicant shall prominently display the conditions of approval of this CUP within the restaurant's lounge and dining areas, in one or more locations acceptable to the Director of Development Services, (City Council Condition of Approval #11, Resolution No. 4197) I Method of VerirlC8tion: Field inspection. Timinl! of Verification: Upon issuance of license by ABC allowing entertainment. ResDonslble Person! Al!encv: and/or Assistant Planner. Department of Development Services - Director 7. Mitll!atlon Measure: This Conditional Use Permit shall not become effective for any purpose unless the "Acceptance of Conditions. form has been signed by the Applicant and property owner, signed before a notary or a City staff member subject to proper identification, and returned to the Department of Development Services. (City Council Condition of Approval #12, Resolution No, 4197) Method of Verification: Return of properly executed "Acceptance of Conditions" form. TWlnl! of Verification: Conditions. form. Upon return of properly executed "Acceptance of Respon.~ible Person! A~encv: andlor Assistant Planner, Department of Development Services - Director I 8. Mitiu.tion Measure; The Applicant shall indemnify, defend and save harmless the City of Seal Beach, its officers, agents and employees from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms or corporations Resolution Number 4/97 Resollllion No, 4197. Exhibit A Mitigation Monitoring IJ1Id Reporting Progrom Negative Declaration 92-8, Papillon Restaurant January 25. 1993 I 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, 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. (City Council Condition of Approval #15, Resolution No, 4197) Method of Verification: Approval of signed indemnification agreement by the City Attorney. Timinl! of Verification: Prior to issuing a "Notice of Compliance with Conditions" by the Department of Development Services, ResDOosible PersonlAl!e~j:v: City Attorney to authorize acceptance of signed indemnification agreement and instruct Department of Development Services to issue a "Notice of Compliance with Conditions", authorizing the establishment to commence operations in accordance with the conditions of approval. * * * * I I Resolution Number q /t:}7 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 am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or Inter- ested In the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL. a newspaper of general circulation, printed and published weekly in the City of Seal Beach. County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24175. Case Number A8258~; 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: proof of Publication of PUBLIC NOTICE/Public Hearing ....~..........I........... .... J!~\-!:~J. :1'?~ P..... . '--~~~. _ '-.~ilw.E QF _, ' , :e.t l:I_~"ING Nar~ . ,GtvENlhltlhe CIIy.Cou~-f,:~.'Cllr '01 Se.1 IIea'dl:JiIA.~-r~lI_ on Uon_,:iii!~)l~~lllila .-loo p.m:~II.II!!tQllir'''''''''CIJ C,haniben 211.Elg~Ui:'stl"al1;,'s'.rB.&i:Ii: Cellfoml.. ID oonilder lhe IoIIiMlno 118m: -,' . - -, - CC?f!I1'!~UI!E~IItl;. ~~~ -T.._ ...~ -_Gl1ICfI 'a:--AL , - ..~ . BlaB ~J " ',". oW'- App..';Or,fPlannlng.lCol'Rmll.IDn ... .....allltJin.f). ..... . """1!"-I'Il!'!i1,!",' . iI.!.!!PProV,ll ,olc~ _." -,lheiii1alllliliinil..- en',;uiiiIt';i~ Care'IiI j:o;,Jurjcuon wttia;".~ JiirUiiit. ambid to lingle, 'non-_p/JlIed mUo/cIIn III ;;:"::4f.f.t.k ~e.l- Bi.ch I aliln the year 19 92 , I certify (or declare) under penalty of perjury that the foregoing Is true and correct. E'nwIrMrn...... ........ . TNI pnlflCl'lI:cilligollcoJ/y ...",,1 ~9ECM""". I Dated at Seal Bp~, California, this~daYOf~, 19~. o (~kc YdIaf) Ignature ,..~~..'" 28-1l1OO, 28-2503, 28-2SCM 4nnBnhl" HIlder T.mtdll1 PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beech, CA 90740 (213)430-7555 -- ....,. --go,_OID! I Qal; -.. -. Doro1hr II. _ - Allhe .bo,e1Ime'.rid'pl.cj III In....iIOdPpeil!ine' ....,.... heft II .. deo/red: 11,_ "haUenge-lIIe, ~'-'lricilolrr, m be 11m/lad Ia !a1_ilriO~ci~~ho: IN... r..(or;iiloiiiorio'....._ ., tI)~ p~b!Ii:~h~nO '';'''''belIJn dill. "aace.:: or In. written. "'!I",,'fl'I!Inoe -.., .. "eClIy of Seal BelICh .t. or prior ta, &he PIlbIIc~. DATED ntIS-4d1 ., 01 0IIl:1tnbe.. 1ll1l2. _V.. i:1Iyam Dooo...... to, 1llll2. , AmW.Il..._ _.Io1I'rloI. I I I i PROOF OF PUBLICATION (2015,5 C,C.P.) STATE OF CALIFORNIA, County of Orange Resolution Number L//?7 This space for for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the County afore- said; I am over the age of eightoen years, and not a party to or inter- ested In the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL, a newspaper of general circulation, printed and published weeklv In the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75, Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published In each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, .to-wit: !'JLc.(7 Proof of Publication of PUBLIC NOTICE/Public Hearing ............................ . ............................ . NOTICE OF pUBC/o HDRiNG NOTICE .; IiERalV ciWEN Ihor lie City Councn br'lho' Clij or s.., _ wi! hold 0 pubic h_g on Monday, Jonully: II, IIlll3 .. 7:00 p.m, In 1ho CIty CauncI Chtmbors, 211 Elghlh SI...l, SOIl B,och, Ctlfcml8. .. COIIIIdor .... Ionowlng -: NEGAllVEllEClAMIlllN.... lXlIGIICNAL UBEPEIIII'..'3 ll'IE EN$lrANlENr,,"iii<<U, NQN.AIF,LFIEll -- la_~lPl!I!i""-"-'-,fl IIuIIIt A rtiqu'.l "to "fIIbll'h an entertaln"mentlea" In conJuncdon with 'an ,xllilng '.'taura"l. The oppllclllllt _tiling .. provide . Ilngl.. non-ampllned mUllcla" (planl.~ "onnlll or hltplll) du~ng 1llt cInntr houri. all in the year 19J!2..... I certify (or declare) under penalty of perjury that the foregoing is true and correct. FnvfmnrnMllIII RMlWr A NegdW Dic:ItnIIIcnlt ptllpOItd. I""___SAr.IIrvI!I" 28-1300(7)(1). 28-2503, 28-2504 WIlaDt Nade, Tthvlldtri Dated at Seal Beach. California, thlsD-daYOf~ 19 92. rMtfs~:;;/5!A;~ llmiIl; DoroIhy M._, At the abovI time and place all IntottllOd _.. may be _ W 10 deilred.'lr.you chlll'nllle the pnJpoood """""" In COllI, you ..., b. IImltod Ia ,al.lng only 'ho.. 1- you or __ .... raItod .. .... ~ubnc "'Iring de""'btd In Ihl, '~oiljio~ :., I~" w,lu'n ~_dtl!'lflN!lIi1lltCIIY ., SOIl.Boach......, pllor'Ia, tho PllbIc~. llAlEDlHlS 14thd.,a1Dtctmbtr, 11192. .-v.. Cltya.k Dtctmbtr 17, ll1Q2. NllIIwd..flISOol_.......... PUBLICATION PROCESSED BY: THl:: JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 PROOF OF PUBLICATION (2015.6 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years. and not a party to or Inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL. a newspaper of general circulation, printed and published weeklv in the City of Seal Beach, County of Ora,!"ge 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 2/24175. 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: Dee., CJ Lf all In the year 19~, I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date~ Seal Beacf)lalifornia. this { day of L"". 19J!2... (l0~l2!/~/l PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Boach, CA 90740 (213)430-7555 Resolution Number ~/9.1 This space for for the County Clerl('s Filing Stamp ------ Proof of Publication of PUBLIC NOTICE/Public Hearing I ............................. . .................................. . NonCE OF. RES~EDQ~D ~ PUBLlC;HEARING . ~ IIn!coJlaItingl; - 01.... NOT1CEl~HE~EB~aNEtiiAat ' .f ~: . ~'."."l' .- Clly Couno" 'o/;tlio p'\iit,l!m, 00iuIIIy II. NOidlor _ IIopoh wiD IIOlh P1lbllC ~~!ih. . '. ' Mondoy ,Jo(I'I!I!!';1. _'~.~1'7'!lO ;.A1.1h~ ~q.!. d{IJo_ ~~ pr.~~ ." p,m.ln ""S:1ij ~d1~-r '~d'-l.i ~:rrllitbeh_" 2tl Elg~lh .PJr~I" s'."I,J!,~if,. 10 d'-In~: U tp'qi>lilill~bgp.lIJo CoIllomlo, to OOIlIldor fio ~""o:., ,,,",,,,,,,,,,Cilitni iii Cli{!rl, XOU IIlIy 1lerri:-_ . "~ ...,:::'.'.a~m.~I!~~i 0~1("'~~0 - '.,.,;,...\lLi#~ 1~'l\""~.~b1:'fiMi J'~~J'Id ~lI,..~~!T~ . ~ ..~.~j~' Ing ''''''000 In ~l:iI'Z~ :',. .~~oIt~:;"~l.~l!'n .. I 1 :"ilecb~~ 01 s..,}_B~ II, pr P{for 10. ~ . f1fiAPWirNii!: . ".'. ~n....g. . . ' ~ ." .. '.. . llIIIual: "'. " ' '~TED TtIIS t5lh cloy 01 Docomllor App.al Dr ~IO!'~fnli.c:;,.;v.i)!I~I"" '~y~' , ' =;r;:~=~o~;.~;::~or:, .~'i:/ork . . .:: " ',::.; an .n.naln.nt.~fo,l'; 'cOnju" wi'" on oxIl1lii1i roIiiiHonl~i i&Ci to llociiIIfti.or 24. 111112 .. , Illnglo, non..,;;JiII~~'#;~'11 -....SooI_JournoJ. 143 Main SI,'8'ol. Sill Stloh (Pl/lIllon R....q: . -:.. . FnVlmnrMnbl"R.iVi., The Plannl118 .Comml..lon dOlormllll<l; . tho I proJ~CI II o.l~g~rlc~lI~ ,o'eil',Jll l'!lm 'CEOA reVIew A QegatLve ifeCrarallon has been prepared" ."d will be ..nlldofed' bY,'lili:City CounCil on JanJlIy 4. 19113.' ' I t"'-^Ita ~bnnR'_ ~. " 28-1300.28.2503. 211-2504 &IWInt NadorTalllIlIdan ~':. ~.~ '. ' I