HomeMy WebLinkAboutAGMT - Cozy Bear Grooming (Main Street Parking In-Lieu Agreement)RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
CITY OF SEAL BEACH
COMMUNITY DEVELOPMENT
DEPARTMENT
2118`11 STREET
00
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
11111111111111111 II 1111 11111 111 111111111111111111111111111111111 NO FEE
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2025000336329 08:12 am 12104125
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This instrument is recorded at the request and for the benefit of [Space above for
the CITY OF SEAL BEACH, and is therefore exempt from
payment ofrecordingfees Government Code Section 6193
PS03
COVENANT AND AGREEMENT FOR THE PAYMENT
OF IN -LIEU PARKING FEES
This COVENANT AND AGREEMENT FOR THE PAYMENT OF IN -LIEU PARKING
FEES ("Covenant") is entered into between Bon and Haydee Leowardy ("Operators") and Sang
H. Kim and Julie J. Kim ("Owners") [hereinafter collectively referred to as "Promisors"], on the
one hand, and the City of Seal Beach ("City"), a Charter City organized and existing under the
laws of the State of California, on the other hand. The Promisors and the City are sometimes
collectively referred to herein as the "parties" and individually as a "party."
RECITALS
WHEREAS, Owners are the owners of that certain real property and buildings located at
126,128 and 128-1/2 Main Street, Seal Beach, Califomia,90740, and collectively known as
Assessor's Parcel No. 199-044-27 (the "Property"); and '
WHEREAS, Operators rent a suite at 128 Main Street of the Property from Owners for
operation of a commercial dog grooming business; and
WHEREAS, the Property is subject to Title 11 of the Seal Beach Municipal Code ("Zoning
Ordinance') and other ordinances contained in the Seal Beach Municipal Code ("Municipal
Code"), including but expressly not limited to the In -Lieu Parking Program set forth in Seal Beach
Municipal Code Sections 11.4.20.015 et seq. (the "In -Lieu Parking Ordinance"), applicable to
business tenants and/or property owners in the Old Town -Main Street Specific Plan (MSSP) Area;
and
WHEREAS, under the In -Lieu Parking Ordinance, required parking for uses in the Old
Town MSSP Area can be satisfied through the Main Street In -Lieu Parking Program, by payment
of an initial in -lieu parking fee of $3,500 per deficient space, and an annual payment of $100 per
deficient space; and
f
OF
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
CITY OF SEAL BEACH
COMMUNITY DEVELOPMENT
DEPARTMENT
211 8TH STREET
SEAL BEACH, CA 90740 _
This instrument is recorded at the request and for the benefit of [Space above for Recorder's Use]
the CITY OF SEAL BEACH, and is therefore exempt frau
payment ofrecordingfees Government Code Section 6103
COVENANT AND AGREEMENT FOR THE PAYMENT
OF IN -LIEU PARKING FEES
This COVENANT AND AGREEMENT FOR THE PAYMENT OF IN -LIEU PARKING
FEES ("Covenant") is entered into between Bon and Haydee Leowardy ("Operators") and Sang
H. Kim and Julie J. Kim ("Owners") [hereinafter collectively referred to as "Promisors"], on the
one hand, and the City of Seal Beach ("City"), a Charter City organized and existing under the
laws of the State of California, on the other hand. The Promisors and the City are sometimes
collectively referred to herein as the "parties" and individually as a "party."
RECITALS
WHEREAS, Owners are the owners of that certain real property and buildings located at
126, 128 and 128-1/2 Main Street, Seal Beach, California 90740, and collectively known as
Assessor's Parcel No. 199-044-27 (the "Property"); and
WHEREAS, Operators rent a suite at 128 Main Street of the Property from Owners for
operation of a commercial dog grooming business; and
WHEREAS, the Property is subject to Title 11 of the Seal Beach Municipal Code ("Zoning
Ordinance") and other ordinances contained in the Seal Beach Municipal Code ("Municipal
Code"), including but expressly not limited to the In -Lieu Parking Program set forth in Seal Beach
Municipal Code Sections 11.4.20.015 et seq. (the "In -Lieu Parking Ordinance"), applicable to
business tenants and/or property owners in the Old Town -Main Street Specific Plan (MSSP) Area;
and
WHEREAS, under the In -Lieu Parking Ordinance, required parking for uses in the Old
Town MSSP Area can be satisfied through the Main Street In -Lieu Parking Program, by payment
of an initial in -lieu parking fee of $3,500 per deficient space, and an annual payment of $100 per
deficient space; and
WHEREAS, Operators obtained approval of a land use permit from City, known as Minor
Use Permit (MUP) 24-0008, pursuant to Planning Commission Resolution No. 25-03, to establish
a new dog grooming business at 128 Main Street of the Property (hereinafter the `Business"); and
WHEREAS, at the time of consideration of the MUP, City determined that the Property
lacks sufficient off-street parking for the Business as required under City's Zoning Ordinance as
codified in the Municipal Code because the Property was and is deficient by two (2) parking
spaces for the proposed use; and
WHEREAS, because the Property lacks sufficient off-street parking as required by City's
Zoning Ordinance, Owners and Operators agreed to participate in the In -Lieu Parking Program,
and the MUP was approved conditioned upon payment of an initial in -lieu parking fee of
$7,000.00 and an annual in -lieu parking fee of $200 for the two (2) parking spaces, as required by
the In -Lieu Parking Ordinance, pursuant to (Condition No. 11 of Planning Commission Resolution
No. 25-03); and
WHEREAS, following approval of the MUP, Operators agreed to comply with conditions
of approval, including payment of the initial in -lieu parking fee of $7,000 and annual in -lieu
parking fee of $200, by executing an Acceptance of Conditions on May 5, 2025 (collectively the
"Acceptance of Conditions"); and
WHEREAS, the MUP and conditions set forth in Planning Commission Resolution No. 25-
03 are covenants running with the land of the Property;
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and
covenants hereinafter set forth, the Parties agree as follows:
1. Recitals. The Recitals set forth above are hereby incorporated herein by this
reference as though set forth in full.
2. Purpose. This Covenant shall insure that the Promisors and the Property, and each
of them, uphold and comply with the obligations imposed on them under the Zoning Ordinance,
including but not limited to, the City's In -Lieu Parking Program, and the conditions of approval of
the MUP, in exchange for the benefits provided to them by City's approval of the MUP.
3. In -Lieu Parking Program. Pursuant to the Zoning Ordinance, the Business and
Property are deficient by two (2) off-street parking spaces to conduct and operate the Business in
accordance with the Zoning Ordinance and MUP. Consequently, pursuant to the City's In -Lieu
Parking Ordinance, City approved the MUP expressly conditioned upon payment of in -lieu
parking fees as set forth herein. The Promisors hereby agree to participate in the City's In -Lieu
Parking Program pursuant to City of Seal Beach Municipal Code Chapter 11.4.20.020 Parking
Reductions, applicable to business tenants and/or property owners in the Old -Town MSSP Area for
an amount equal to two spaces in accordance with the requirements of Planning Commission
Resolution No. 25-03 and the following requirements.
FA
(a) Initial and Annual Payments. An initial payment in the amount of seven -
thousand dollars ($7,000) will be made by Operators prior to issuance of a certificate of
occupancy. Thereafter, Operators shall make an annual payment of two hundred dollars ($200)
will paid no later than July I` each year.
(b) Late Fees. In the event that Operators fail to pay any installment amount by
the applicable deadline set forth in Section 3(a), Operators shall pay a late fee on the unpaid Past
Due Amount and interest, which late fees shall accrue at eight percent (8%) per annum until any
past due amount and late fees are paid in full.
(d) Joint and Several Liability. Notwithstanding any other provision of this
Covenant, the Promisors, and each of them, are jointly and severally liable for any fees plus all
accrued interest and late fees incurred under this Covenant, as required by the City for approval of
the Business by the Zoning Ordinance, In -Lieu Parking Program, and conditions of approval of the
MUP.
4. No Waiver of Conditions of Approval. This Covenant shall not and does not
modify any of the terms and conditions of the MUP or any of the requirements of the In -Lieu
Parking Ordinance, the Zoning Ordinance, or any other provision of the Seal Beach Municipal
Code and Charter, which shall remain in full force and effect.
S. Modifications. Any changes to the total parking requirement for the Property
including, without limitation, a change or expansion in use resulting in the need for additional
employees or otherwise requiring additional parking spaces, shall require a modification of the rate
of participation in the In -Lieu Parking Program, subject to the City's approval.
6. No Assigpment or Transfcr. Promisors' obligation to pay the In -Lieu Parking Fees
pursuant to this Covenant shall not be assigned or otherwise transferred without the prior written
consent of City, and these in -lieu parking spaces shall not be assigned or otherwise transferred for
use on any other property or business without the prior written consent of City. In addition, in -lieu
fee payments for the two spaces shall not be credited to any use other than the Business except
with the prior written consent of City.
7. Event of Default by the Promisors. In the event that Promisors breach any terms
of this Covenant, or violate any terms and conditions of the MUP, the In -Lieu Parking Ordinance
and/or any other provision of City's Zoning Ordinance, City retains the right to pursue any and
all enforcement remedies, including without limitation, revocation of the MUP, the business
license, and/or any other land use entitlement for the Business. No provision of this Covenant is
intended to modify, or waive, any provision of any requirement of the MUP, the In -Lieu Parking
Ordinance, the Zoning Ordinance and/or any other provision of the Seal Beach Municipal Code
and/or Charter.
8. Recording of Covenant. The City shall cause this Covenant to be recorded on the
title of the property. A certificate of occupancy shall not be issued unless and until the Covenant is
3
recorded in the office of the Orange County Recorder. A copy of the Covenant shall also be
maintained in the office of the City Clerk.
9. Covenant Runniniz with the Land. The burdens and benefits of this Covenant
shall, unless terminated in writing, run with the land and be binding upon the Parties, and each of
them, and their heirs, assigns and successors in interest.
10. Incorporation by Reference. This Agreement incorporates herein by reference the
Acceptance of Conditions, and Planning Commission Resolution No. 25-03.
11. Severability of Terms. If any term, provision or condition of this Covenant shall be
determined invalid, void or unenforceable, the remainder of this Covenant shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to enforce.
12. Interpretation and Governing Law. This Covenant and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of California.
13. Entire Agreement. This Covenant and documents incorporated herein represent the
entire integrated agreement between the Promisors and the City, and supersedes all prior
negotiations, representations or agreements regarding the Payment of In -Lieu Parking Fees,
whether written or oral. This Covenant may be amended only by a written instrument signed by
both the Promisors and the City.
15. Attorney, sees. Should any dispute under this Covenant lead to litigation, the
prevailing party shall be entitled to recover from the other party reasonable attorneys' fees for the
prosecution of the action.
16. Authorization :to Execute Coven t. Each Party hereto represents and warrants to
one another that the person executing this Covenant on his/her/its behalf is a representative duly
authorized to bind him/her/it and is empowered to enter into this Covenant on his/her/its behalf.
17. Counterparts. This Covenant may be executed in counterparts and when so
executed by the Parties, this Agreement will be binding upon them and each counterpart will
constitute an original document.
[SIGNATURES ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this Covenant to be executed
by their duly -authorized representatives, and to be effective, as of the day and year first above
written.
OPERATORS F,
Dated: 141-1.1 gm
By:
Dated: It j ro-0
Dated:
Dated:
to 12 l 1 f?.,► 1"'r
A
LE
ROM
By: A ,, -,
a ee Leowardy
PROPERTY OWNERS:
By:
Saiig H.
By: 1`
Julie J. Kim
FY O SEALH,�h ar City
s;AL
Gloria 1 rper �pG 5 Patrick Gallegos
City Clerk NT1' C�� City Manager
[NOTARIZATIONS INCLUDED ON FOLLOWING PAGES]
5
r
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On November 17, 2025 before me, Hilda L. Jusuf, notary public
(insert name and title of the officer)
personally appeared Bonifacius Leowardy
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.90my
HILDAL.JUSUF
Notary Public - California
r Orange County
Commission # 2428807
Comm. Expires Dec 2, 2016
Signature - (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On November 17, 2025
before me,
personally appeared Haydee Leowardy
Hilda L. Jusuf, notary public
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.*my
HILDA L. JUSUF
Notary Public • California
Orange County
Commission N 2428807
Comm. Expires Dec 7, 2025
Signature (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On before me, s%d)nd1j ()� LR it ja'}aV 0 C
�1 (insert ame and titl f the officer)
personally appeared clam V m
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.SANDYCNITAv
' t Notary Public - California
Orange County
Commission # 1513778
' My Comm. Expires Mar 7, 2029
SignatureA/
(Seal)
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Q
On 1C) �� -t _ 2 before me, CCS
Date Here Insert Name and Title d the Officer
personally appeared _ �`Q t e- �,,
Name(q) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/afe subscribed
to the within instrument and acknowledged to me that he/she/#bey executed the same in His/her/their
authorized capacity(ios), and that by his/her/their signature(&) on the instrument the person(&}, or the entity
upon behalf of which the person(&) acted, executed the instrument.
REBECCA BEASLEY
Notary Public • California
*my
Orange County .
Commission 9 2474I31
Comm. Expires Nor 29, Zai?
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature Q��
Signature of tary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document ' 11,, 11
Title or Type of Document: k itag vw•A;. Vyr-du 5%Xng �� 1 AAII•zN
—� _
Document Date: 10L1 /-7-0 Number of Pages: ~)
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
[]Other:
Signer is Representing:
02019 National Notary Association
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
M 1304-09 (11/20)
RESOLUTION NO. 25-03
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING MINOR USE PERMIT
24-0008 TO ALLOW THE OPERATION OF A 600
SQUARE FOOT DOG GROOMING BUSINESS
LOCATEDPMAIN
STREET SPECIFIC C LAN (MSSP) ZONE AREA
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE AS FOLLOWS:
Section 1. Haydee and Bon Leowardy ("the applicant") submitted an application
to the City of Seal Beach Department of Community Development for Minor Use Permit
(MUP) 24-0008 for the permitting of the operation of a 500 square feet dog grooming
business at an existing commercial suite at 128 Main Street (the "subject property"), which
is located in Main Street Specific Plan (MSSP) Zone.
Section 2 This project is determined 15301 of the Guidelines e a Class 1 (fors thegCal California
Categorical Exemption pursuant to Sect for the
Environmental Quality Act (Public Resources Code Section 21000 et seq.)
operation of a dog grooming use in an existing commercial building where only minor
modifications are required for the renovation and branding of the business.
Section 3. A duly noticed public hearing was held before the Planning
Commission on April 21, 2025, to consider the application for MUP 24-0008. At the public
ission received and considered all evidence presented, both
hearing, the Planning Comm
written and oral, regarding the subject application. The record of the public hearing
indicates the following
A. The applicant submitted an application to the Community
Development Department for Minor Use Permit 24-0008 for a proposed dog grooming
business at 218 Main Street +nf the Main Street Specific Plan (MSSP) area.
B, The subject site is within an existing commercial building located on
the east side of Main Street and between Central Avenue and Ocean Avenue. The subject
property is a rectangularly shaped parcel measuring 25 feet in width and 117.5 feet depth,
approximately 2,937 5 square feet.
lding
sting
two
C. The parcel is developed
The subject propertywith a commercial lhas a 6001squaref foot
units, and a detached multi family structure.
vacant tenant space.
D. The subject property is located in the Main Street Specific Plan
(MSSP) zone and is adjacent to commercial uses to the north, south and west, and the
residential uses to the east.
1 of 4
Resolution 25-03
April 21, 2025
E. The Seal Beach Municipal Code (SBMC) Section 11.2.10.010 (Land
Use Regulations) requires the approval of a Minor Use Permit to allow the operation of
dog grooming business use in the Main Street Specific Plan (MSSP) zoning area.
F. SBMC Section 11.4.20.020 (Parking Reductions) and the MSSP
allow for businesses on Main Street that are unable to provide all required parking spaces
on-site to enter into the Main Street In -Lieu Parking Program to satisfy their parking space
requirements.
Section 4. Based upon the facts contained in the record, including those stated
in the preceding Section of this Resolution and pursuant to Chapter 11.5.20.020
(Required Findings) of the Seal Beach Municipal Code, and the Main Street Specific Plan
District in -Lieu Parking Program pursuant to Section 11.4.20.020 of the Seal Beach
Municipal Code and MSSP, the Planning Commission makes the following findings:
A. The proposed use is consistent with the General Plan and the Main
Street Specific Plan. The General Plan Land Use Element identifies Main Street as the
focal point of downtown Seal Beach with a mix of pedestrian -oriented uses, surrounded
by an area of mixed housing types and institutions. The Land Use section of the MSSP
states that "the commercial uses are the key to the area's special character". It
emphasizes the importance of "mix of uses in close proximity to one another" to create
and retain its small-town character. The proposed dog grooming business will provide
commercial services that will serve both the residential community of Seal Beach and
nearby cities. Additionally, the proposed use will add a variation to the surrounding retail
and restaurant uses in its vicinity but will still maintain a similar customer service use.
B. The proposed use is allowed within the Main Street Specific Plan
(MSSP) zone subject to approval of a Minor Use Permit and complies with all other
applicable provisions the Municipal Code, The General Plan Land Use Map designates
the subject property as Commercial Service and the Zoning Map designates the area as
Main Street Specific Plan (MSSP).
C. The site is physically adequate for the type, density, and intensity of
the use being proposed. The proposed use requires a total of two (2) parking spaces.
However, due to existing development, no onsite commercial parking can be provided for
the use on-site. The Seal Beach Municipal Code recognizes that the parking is
constrained in the MSSP area and allows participation in the Main Street Specific Plan
District In -Lieu Parking Program. The program permits all or part of the parking space
requirements to be satisfied by compliance with this program. Because the subject
property does not have sufficient parking spaces to serve the dog grooming use, the
applicantlowner will participate in the MSSP In -Lieu Parking Program to satisfy all the
required parking spaces for the proposed uses. The applicantlowner will be required to
pay an initial In -Lieu Parking Fee of $7,000 for two (2) deficient parking spaces prior to
the issuance of building permits for the use, and an annual fee of $200 for two (2) deficient
parking spaces. In addition, the applicant/owner shall be required to execute and record
a covenant setting forth its obligations to pay the in -lieu parking fees in accordance with
the terms of this Resolution.
2of6
Resolution 25-03
April 21, 2025
D. The location, size, design, and operating characteristics of the
proposed use would be compatible with the surrounding user and will not adversely affect
those uses or properties in the surrounding areas. The proposed dog grooming use
compliments the existing commercial uses and will not disrupt the existing character of
Main Street. The hours of operation are proposed at 9:00 A.M. to 7:00 P.M., but may vary
anywhere from 7:00 A.M to 9:00 P.M., as business needs dictate.
E. The establishment, maintenance, and operation of the proposed
exterior alterations and use would not be detrimental to the health, safety, or welfare of
persons residing or working in the vicinity. The proposed interior alterations will require a
minimal period of construction to create separate spaces for business activities, new dog
bathtubs, and tables for grooming and drying purposes. Sufficient conditions have been
imposed to ensure that the use will comply
and will notwith the ormance create adverse r�mpactsforth
upon
Section 11.4.10.020 of the Zoning Cod
adjacent uses. The property will be consistent with the surrounding uses in the area.
Section 5. Based upon the foregoing, the Planning Commission hereby
approves MUP 24-0008 for the operation of a dog grooming use located at 128 Main
Street, subject to the following conditions:
1. Minor Use Permit 24-0008 is approved for the operation of a dog grooming use at
128 Main Street.
2. The hours of operation shall be limited from 7 AM to 9 PM, Daily.
3. The applicant shall obtain a City of Seal Beach business license, as well as any
applicable State and/or County health permits or operating permits prior to
commencing business.
4. The facility must be maintained in continuously sanitary conditions for the dogs'
well-being and to minimize potential odors, disease hazards, and pest infestation.
5. The facility is not permitted to operate as a kennel. No animals are permitted to
remain overnight on the premises.
6. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M.
7. There shall be no disposal O P sand 7I 00 A Mes or h and all trash shaer trash outside ll the
of
establishment
between the hours of 10:00
in closed waste disposal bins.
8. The interior of the tenant space must be provided with soundproofing in the area
occupied by dogs, to be verified and approved by the Building Official.
9. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal
Beach Municipal Code. Should complaints be received regarding noise generated
by the establishment, the Planning Commission reserves the right to schedule this
3of6
Resolution 25-03
April 21, 2025
permit for reconsideration and may require the applicant/business operator to
mitigate the noise level to comply with the provisions of Chapter 7.15.
10. A dog waste station with a receptacle must be provided by the tenant near the
entrance.
11. The applicant/owner is required to participate in and pay In -Lieu Parking Fees in
accordance with the Main Street Specific Plan District In -Lieu Parking Program
(Seal Beach Municipal Code Section 11.4.20.020.D). In accordance with the In -
Lieu Parking Program, the applicant/owner shall be required to pay an initial fee of
$7,000, calculated at $3,500 per deficient space, prior to the issuance of any
building permits for the dog grooming use. In addition, the applicant/owner shall
be required to pay an annual In -Lieu Parking Fee of $200, calculated at $100 per
deficient space, each year no later than July 1 st. The property shall remain in good
standing with the Main Street Specific Plan District In -Lieu Parking Program at all
times. The Planning Commission reserves the right to revoke this MUP if the
applicant/owner does not remain in good standing with the Main Street Specific
Plan In -Lieu Parking Program.
12. This Resolution and MUP shall not become effective for any purpose the execution
and recordation of a covenant by the applicant/ownE.-r on the subject property
located at 128 Main Street, in a form satisfactory to the City, that complies with the
following requirements:
a. The covenant shall incorporate all requirements and conditions of
approval of this Resolution.
b. The covenant shall require the owner's participation in the Main Street
Specific Plan District In -Lieu Parking Program at all times, and payment
of the In -Lieu Parking Fees including payment of an initial fee of $7,000,
calculated at $3,500 per deficient space, prior to issuance of any building
permits for the dog grooming use; and payment of an annual In -Lieu
Parking Fee of $200, calculated at $100 per deficient space, paid no
later than July 1 st each year.
c. The executed and recorded covenant shall be provided to the City prior
to issuance of any building permits for dog grooming use.
13. Signs and other advertising on the exterior of the premises shall require review by
the Community Development Department and shall be compatible with the
character of the area to the satisfaction of the Community Development Director.
14. The Planning Commission reserves the right to revoke or modify this MUP in the
event of any violation of the approved conditions or any violation of any provision
of the Code of the City of Seal Beach.
4 of 6
Resolution 25-03
April 21, 2025
15 The applicant will prominently display these Conditions of Approval in a location
within the businesses' customer area that is acceptable to the Community
Development Director.
16 This MUP shall not become effective for any purpose unless/until a City
"Acceptance of Conditions form has been signed and notarized by the applicant
before being returned to the Planning Department; and until the ten (10) calendar
day appeal period has elapsed.
17. The applicant is required to obtain all required Building and Safety permits prior to
tenant improvements, construction or demolition.
18. Approval of this request shall not waive compliance with all sections of the
Municipal Code, or all other applicable City Ordinances in effect at the time of
building permit issuance.
19 Approval of any a modification of this MUP must be applied for when obtained
under any of the following circumstances:
a. The establishment proposes to modify any of its current Conditions of
Approval.
b. There is a substantial change in the mode or character of operations of
the establishment.
c. The establishment proposes to modify any provisions of the covenants
required by these conditions of approval.
the
20, This MUP shall become null xand s`rdaf time as may be granted by #henless exercised within one year fPlannang
te
of final approval, or such ete
Commission pursuant to a written request for extension submitted to the
Community Development Department at least ninety days prior to such expiration
date.
21. The applicant must indemnify, defend, and hold harmless the City, its agents, and
employees (collectively "the City" hereinafter in this paragraph) 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, and 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 hold harmless the City as stated herein shall include, but not be limited
to, paying all 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
5 of 6
ResoffuLftion 25 03
April 21, 2025
actions, expert witness fees, and any award of damages, judgments, verdicts,
court costs or attorneys' fees in any such lawsuit or action.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on April 21, 2025, by the following vote:
AYES: Commissioners
NOES Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Planning Commission Secretary
CAMPBELL, COLES, VOLTA, MINGIONE, WHEELER
r
Margo Wheeler
Chairperson