HomeMy WebLinkAboutPC Res 93-49 - 1993-10-20
RESOLUTION NUMBER 93-49
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SEAL BEACH AND
BRIAN KYLE/JIM KLISANIN, FOR A RETAIL AND
OFFICE USE ON A COMMERCIAL LOT (212 MAIN
STREET - VARIANCE 93-1)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Sectton I Bnan Kyle/Jim Kllsanm ("Kyle/KlIsanm"), mdlVlduals, have
applIed for and been granted Vanance 93-1 by the City of Seal Beach. The City and
Kyle/Kllsanm desire to enter mto 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 212 MaIn Street,
and more partIcularly descnbed m the proposed development agreement, attached hereto as
Exhibit A.
SectIOn 2. Pursuant to 14 CalIfornia Code of Regs. ~ 15025(a) and ~~ II.C
and III 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 May 3, 1993 to May
24, 1993, and adopted by the Planmng Commission on July 21, 1993, m comphance With the
provlSlons of the CalifOrnIa EnVironmental Quality Act and the City's Local CEQA GUidelInes.
Section 3 Pursuant to Section 28-2759 of the Code of the CIty of Seal Beach,
the Planmng CommIssIon held a properly nottced publIc heanng regardmg the proposed
development agreement on October 20, 1993.
SectIon 4. Based upon the eVidence presented, and on the environmental
documentatIon referenced above, pursuant to Government Code Sectton 65867.5, SectIon 28-
2759 of the City's Code, and Section 15162 of the CEQA GUldelInes, the Plannmg Commission
hereby finds and declares as follows:
A. The proposed development agreement IS conSIstent With the current
General Plan for the CIty of Seal Beach, the objectIves, polICies,
general land uses, and programs specified therem, and With the
ZonIng Map for the CIty of Seal Beach, as each has been amended
to date, m that the General Plan and Zomng Map proVide for
Service Commercial (C-I) uses of the subject property, which
mclude the retaIl and office uses contemplated by the proposed
development agreement. There IS no specIfic plan applIcable to
the proposed development agreement
B. The retaIl and office uses contemplated by the proposed
development agreement are compatible With the Service
Commercial uses authonzed m the C-I DistrIct m which the
subJect property IS located.
C IWPSIIRESOIVAR93-1 PCDILW\10-22-93
Vanance 93-1, Development Agreement
Planlllng Comnasslon ResoIllhon 93-49
October 20, 1993
C. The proposed development agreement IS In conformity with, and
wIll not be detrImental to, the publIc necesSIty, publIc
convenience, general welfare, and good land use practIces In that
the retaIl and office uses proposed are appropnate for a
commercially zoned property, and the proposed development
agreement proVIdes for balanced and diversified land uses m a
manner that wIll protect the overall quality of life and environment
m the City.
D. The proposed development agreement wIll not adversely affect the
orderly development of property, but will mstead further the
orderly development process by imposmg appropnate standards
and reqUlrements with regard to land development on thiS
property.
E The proposed development agreement Will have a posItIve fiscal
Impact on the City of Seal Beach In that the agreement encourages
economically productive use of the property and reqUIres the
Developer to pay certaIn fees to the City.
The proposed development agreement IS wlthm the scope of the NegatIve
DeclaratIon prepared by the City and adopted on July 21, 1993, and no substantial change or
new slgmficant environmental Impact has been brought forward with respect to the ClTcumstances
under which the NegatIve DeclaratIon was prepared which would reqUIre reVISIons m or to the
NegatIve DeclaratIOn
Section 5. The proposed development agreement IS wlthm the scope of the
NegatIve Declaration prepared by the City and adopted on July 21, 1993, and no substantIal
change or new slgmficant envlTOnmentallmpact has been brought forward With respect to the
circumstances under which the NegatIve DeclaratIon was prepared whIch would reqUIre reVlSlons
m or to the NegatIve Declaration. The Planmng CommIssIon therefore finds that the adoptIon
of the proposed development agreement, attached hereto as Exhibit" A" , wIll have no sigmficant
Impact on the environment that wIll not be mitigated to a level of mSlgmficance as proVIded m
the NegatIve DeclaratIon prepared for the project and adopted by the City on July 21, 1993.
Section 6. Based upon the foregomg, the Planmng CommissIon of the CIty of
Seal Beach does hereby recommend to the City CouncIl of the City of Seal Beach that the
proposed development agreement between the CIty and Kyle/Khsanm, attached hereto as Exhibit
" A", be approved.
PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of
Seal Beach at a meeting held on the 20th day of October, 1993, by the followmg vote
AYES:
ComnussIOners
Campbell. Dahlman. Law. Sham. and Soukuo
NOES.
Commissioners
ABSENT:
CommIssIoners
C IWPSIIRF30IVAR93-1 PCDILWl10-22-93
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Vanance 93-1, Developmelll Agreement
Planlllng Comt1llSSlon Resolunon 93-49
October 20, 1993
Mark~
ATTEST
Whittenberg
Secretary to Planmng Commission
C IWP51\RBSOIVAR93-1 PCOU.W\10-22.93
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Vanance 93-1, Developmenl Agreemenl
Planning CommiSSIon ResoluJlOn 93-49
October 20, 1993
EXIllBIT A, RFSOLUTION NO. 93-49
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
CITY OF SEAL BEACH
DEVELOPMENT SERVICES DEPARTMENT
211 EIGHTH STREET
SEAL BEACH, CA 90740
The DDdenlped declare dlat tIus lDItrumeat . recorded at the requat aad Cor tile beDef1t 0' the CJ1Y OF SEAL BEACH. and II therd'ore eHIIIpt
from payment of recordmg r_ punoaat to Governmeut Code 16103 ad tile paymCllt or doeumenlar)' transfer Ia:J( purwuul to Revalue Ie TuaboD
Code 119122
(Space Above for Recorder's Use)
DEVELOPMENT AGREEMENT
(Pursuant to Government Code
Sections 65864 - 65869.5)
This DEVELOPMENT AGREEMENT (" Agreement") IS entered mto between Bnan Kyle
and Jim KlIsamn, Developers and Property Owners, (heremafter "Developer") and the CITY OF
SEAL BEACH, a mumclpaI corporation organIzed and eXistIng under the laws of the State of
Callforma (heremafter "City"). Developer and CIty are sometimes collectIvely referred to herem
as the "partIes. "
R Eel TAL s:
ThiS Agreement IS predicated upon the followmg facts:
A. These Recitals refer to and utIlIze certaIn capitalized terms which are defined m
thiS Agreement. The partIes mtend to refer to those defimtIons m conjunctIon With the use
thereof In these Recitals.
B Government Code SectIons 65864 - 65869 5, ("Development Agreement Law")
authonze the City to enter mto bindmg development agreements with persons havmg a legal or
equitable mterest m real property for the development of such property, all for the purpose of
strengthemng the publIc planmng process, encouragmg pnvate partICIpatIOn m comprehenSIVe
planmng and reducmg the economIc costs of such development
C. Pursuant to Government Code SectIon 65865, CIty has adopted rules and
regulatIons as ArtIcle 27.5, commencmg WIth Section 28-2751 of the Code of the City of Seal
Beach, CalifornIa, establIshmg procedures and requirements for conSideratIOn of development
agreements.
D. Developer IS the proposed developer of the Property as described on ExhIbit" A "
C IWPSIIRF.'lOIVAR93-1 PCDILWlIO-22-93
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Vanance 93-1, Development Agreement
Planmng CommISSIon ResolutJon 93-49
October 20, 1993
E. Developer has applIed for, and City has approved Vanance 93-1 with conditIons,
in order to protect the mterests of Its CItIzens and the quality of the commumty and enVIronment.
As part of that process of approvmg the Development Plan, City has undertaken, PUrSUaIlt to the
CalIfornia EnVironmental QualIty Act ("CEQA"), the reqUITed aIlalysls of the environmental
effects which would be caused by the ProJect City has Imposed a senes of mItigation measures
In connectIon WIth the development of the Project to elImInate aIlY potentially adverse Impacts
caused by the Project. On July 21, 1993, the Plannmg Commission of City adopted the
NegatIve DeclaratIon prepared for the proposed project and made the reqUlred environmental
findmgs.
F. Developer has requested City to conSIder entenng mto a development agreement
relatIng to the Project and proceedmgs have been taken m accordance With City's rules aIld
regulatIons.
G. In adopting Resolution No 93-38, the Planmng Commission has found that the
development permitted by thiS Agreement IS consIstent WIth the City's General Plan
H The Development Plan Implements the goals and polICies of the City's General
Plan, aIld contrIbutes to the balanced and dIVersIfied land uses of the City m order to maIntam
the overall qualIty of lIfe and of the environment wlthm the City aIld to Impose appropnate
standards and requirements With respect to land development and usage
I. City has found and determmed that the executIon of thiS Agreement IS in the best
mterest of the publIc health, safety and general welfare of City aIld Its reSIdents and that
adoptIng thiS Agreement constItutes a proper exercise of ItS polIce power
J Pursuant to Section 30106 of the California Coastal Act, the Coastal Commission
has granted a conditIonal permit for the Project on the grounds that the Project will be m
conformIty WIth the provlSlons of Chapter 3 of the California Coastal Act of 1976, Will not
prejudice the ablhty of the local government haVIng Junsdlctlon over the area to prepare a Local
Coastal Program conformmg to the provlSlons of Chapter 3 of the Coastal Act, and Will not have
any slgmficaIlt adverse Impacts on the environment wlthm the meamng of the CalIfornia
Environmental Quality Act
THE PARTIES AGREE AS FOLLOWS:
1 Definitions.
1 1 "Agreement" IS thiS Development Agreement.
I 2 "City" IS the City of Seal Beach, California.
1.3 "Developer" IS Bnan Kyle and Jim Khsanin, as Individuals, and theIr
assignees or successors In mterest to all or any part of Developer's mterest In the Property.
1.4 "Development Plan" IS all of those ordInances, resolutIons, codes, rules,
regulations aIld offiCIal polICies of CIty governmg the development and use of the Property as
of the Agreement Date, Includmg, Without lImitatIon, regulations regardmg the permitted uses
of the Property, the denSity or mtenslty of use, the provlSlons for reservation or dedIcation of
land for publIc purposes, and the deSIgn, Improvement and construction standards aIld
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 m
connection With any of the foregOIng. Specifically, but WithOUt lImitation, such Development
Plan mcludes Variance 93-1 approved by the PlaIlning Commission on July 21, 1993, by
Resolution No 93-38, permittIng With condItions the converSIOn of the eXistIng uses on the
property from an assembly hall to a mixture of retaIl aIld office uses To the extent Vanance
C IWPSIlRESOIVAR93-1 PCDILWlIO-22-93
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Vanance 93-1, Dcvelo~nt Agreement
Planning ComnusSlon ResolUllon 93-49
October 20, 1993
93-1 may be amended from tlme to tlme, the Development Plan shall mclude such matters as
so amended. Notwithstandmg the immediately precedmg sentence, If this Agreement IS reqUired
by law to be amended m order for the "Development Plan" to mclude such amendments,
"Development Plan" shall not mclude such amendments unless and untll thiS Agreement IS so
amended. A copy of Resolutlon No. 93-38, which mcludes the Condltlons of Approval and the
Mltlgatlon Momtonng and Reportlng Program, is attached hereto as Exhibit "C". A copy of
the "Floor, Plot and Elevatlon Plan" filed m connectlon With the applicatlon for Vanance 93-1
IS attached hereto as Exhibit "D." A copy of the Negatlve Declaratlon adopted for the Project,
IS attached hereto as Exhibit "E".
1 5 "Effectlve Date" IS that date upon which this Agreement IS executed by
properly authonzed officers of the City.
1.6 "ProJect" IS the conversIOn of the eXlstlng structure subject to this
Agreement from an assembly hall to a mixture of retail and office uses, mcludmg, Without
limltatlon, 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 prOVlSlons of thiS
Agreement.
1.7 "Property" IS the real property on which the Project Will be located as
descnbed on Exhibit "A".
1.8 "Property Owner" IS Bnan Kyle and Jim Klisanm.
2. Exhibits. The follOWing documents are referred to m thiS Agreement,
attached hereto and mcorporated herem by thiS reference
Exhibit
Deslgnatlon
DescnDtlon
A
Legal Descnptlon of the Property
B
Development Plan Permits and Approvals
C
Implementlng Resolutlon No. 93-38
D
Vanance 93-1, "Floor Plan"
E
NegatIVe Declaratlon 93-5
3. Mutual Benefits. This Agreement IS entered mto for the purpose of carrymg
out the Development Plan for the Project m a manner that will msure certam antlclpated benefits
to both City, mcludmg, WithOut limltatlon, reSidents of City, and Developer as set forth m thiS
Secbon. City and Developer agree that, due to the compleXity of the Project, certam 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 (mcludmg, Without limltabon,
the reSidents of City) under thiS Agreement mclude, but are not limited to: (a) the prOVlSlon of
addltlonal retail and office uses; (b) the payment of m lieu fees for the construction of public
facilities and serviCes, (c) an mcrease m property tax revenues, sales tax revenues, and other
revenues to be denved by City; and (g) the payment of a fee to the City to proVide addltlonal
parkway trees and a public seatlng area on Main Street, not to exceed $5,000.
C IWP51IRESOIVAR93-1 PCDILWlIO-22-93
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Vonan"" 93-1, Development Agreement
Planmng ComnllsslOn ResoIUllon 93-49
October 20, 1993
3.2 Benefits to Developer. Developer has expended and will contlnue to
expend substantial amounts of bme and money on the plannmg and development of the ProJect.
In addltlon, Developer Will expend substantial amounts of tlme and money m contnbutlng to the
provlSlon of public services m connecbon With the Project. Developer would not make such
addltlonal expenditures Without the nghts conferred by thiS Agreement and such addltlonal
expenditures Will be made m reliance upon thiS Agreement. The benefit to Developer under thiS
Agreement consIsts of the assurance that Developer Will preserve the nght to develop the
Property as planned and as set forth in the Development Plan.
4. Interest of Develo'pcr
mterest m the Property.
Developer represents that Developer has a legal
5 Bmdmg Effect of Agreement. The burdens of thiS Agreement bmd, and the
benefits of thiS Agreement mure to, the successors m mterest to the parties hereto.
6. Term. 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 Effecbve Date unless all bUlldmg permits required to complete the
development of the ProJect as contemplated by the Development Plan have been ISSUed and the
required certlficates of occupancy ISSUed.
8. Changes m ProJect Developer shall not be entitled to any change, modlficatlon,
reVlSlon or alteration m the Development Plan relatlng to the permitted uses of the Property, the
denSity or mtenslty of use, the maximum height and Size of buildmgs or the provIsion of land
for reservatlon or dedication for public purposes Without review and approval by those agencies
of City approvmg the Development Plan m the first mstance. SubJect to the foregomg
provlSlons of thiS Secuon 8, City acknowledges that Developer may seek amendments to
enbtlements to use and new entltlements to use m connection With the development of the
ProJect. The approval of any such amendments or new entltlements to use shall be m the sole
dlscrebon of the City.
9. Indemmficatlon and Legal Challenl!e.
9.1. Indemmficatlon In addltlon to ItS duties under Sectlon 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 mJury mcludmg death and claims for
property damage which may anse from the actlVltles of Developer or those of Developer's
contractors, subcontractors, agents, employees or other persons actlng 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 mdemmfy and defend City and Its officers, agents,
employees, and representabves With counsel acceptable to City from actlons for damages caused
or alleged to have been caused by reason of Developer's activities m connection With the
ProJect, regardless of whether the City prepared, supplied or approved the plans or speclficatlons
for the ProJect.
9 2 Legal Challenl!e. In the event of any legal action challenging the valid-
Ity, applicability, or mterpretatlon of any provlSlon of thiS Agreement, any of the entltlement
documents pertammg to the ProJect mcludmg, Without limltatlon, the City'S General Plan,
Zomng Ordinance, Vanance 93-1, Negatlve Declarabon 93-5 or any other environmental
C IWPSI\RP.80IVAR93-1 PCDILW\IO-22-93
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Vanance 93-1, Development Agreement
Planning Co11l11llsSlon ResolUllon 93-49
October 20, 1993
documentation prepared for the ProJect, or any other supportlng document, the Developer shall
mdemmfy, defend and hold harmless the City, Its officers, agents, employees and representatives
from and against all liability, costs and expenses, mcludmg attorneys' fees, incurred by City or
awarded against City m relation to such action. The City shall have the nght to select counsel
of Its chOice subJect to the nght of Developer to reasonably reJect any partlcular attorney or
firm. The parties hereby agree to cooperate m defendmg such actlon In the event of any
litlgatlon challenging the effectlveness of thiS Agreement, or any portlon hereof, this Agreement
shall remain m full force and effect while such litlgatlon, mcludmg any appellate reView, IS
pendmg, unless otherwise ordered by the court Absent ISSuance of an mJunctlon, Developer
may elect to contlnue development under thiS Agreement pendmg completlon of the litlgatlon
but It shall do so at Its sole nsk, and City shall not be liable for any loss suffered as a result
thereof.
10. Vested Right. By entenng mto thiS Agreement and relymg thereon, Developer IS
obtammg a vested nght to proceed With the Project m accordance With the Development Plan
and City IS secunng certain public benefits which help to alleViate current or potentlal problems
m City and enhance the public health, safety and welfare. City therefore agrees to the
followmg:
10.1 No Confllctlng Enactments. Except as otherwise provided herem, neither
the City Council of City nor any other agency of City shall enact an ordmance, policy, rule,
regulatlon or other measure applicable to the ProJect which relates to the rate, tlmmg or
sequencmg of the development or construction of all or any part of the ProJect or which IS
otherwise m conflict With thiS Agreement. ThiS Sectlon shall not restnct the City'S ability m
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 mcompatlble With other terms of thiS Development Agreement.
10.2 Intent of Parties. No moratonum or other limltatlon (whether relabng
to the rate, bmmg or sequencmg of the development or construction of all or any part of the
ProJect and whether or not enacted by Imtlatlve or othel'Wlse) affecting subdlVlsion maps,
buildmg permits, occupancy certlficates or other entitlements to use approved, ISSUed or granted
wlthm City, or portlons of City, shall apply to the ProJect to the extent such moratonum or other
limltatlon IS m conflict With thiS Agreement. Notwlthstandmg the foregomg, should an
ordmance, general plan or zomng amendment, measure, moratonum, policy, rule, regulatlon
or other limitatlon enacted by cItizens of City through the mitlatlve process be deterDllned by
a court of competent Junsdlctlon to mvalldate 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 nghts, claims and causes of acbon at law or m eqUity which Developer may have
mdependent of thiS Agreement. The foregomg shall not be deemed to limit the Developer's
nght to appeal any such determmatlon of such ordmance, general plan or zomng amendment,
measure, policy, rule, regulatlon, moratonum or other limltatlon which purports to mvalldate
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 m 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
complebon, Developer shall construct such works to the SpecificatIOns of the Agency to which
the works are to be dedicated.
C IWPSIIRESOIVAR93-1 PCDILWllO-22-93
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Vonance 93-1, Development Agreement
Planmng ComnusSlon ResolUllon 93-49
October 20, 1993
12. General DeveloDment of the Prolect.
12.1 Pro1ect. While thiS Agreement IS In effect, Developer shall have a
vested nght to develop the Project In accordance With the terms and condluons of thiS
Agreement, and City shall have the nght 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 constructlon
reqUired in connectlon With the ProJect and all on-site and off-Site improvements and
appurtenances In connectlon thereWith, including, WithOUt limitation, all mltlgabon measures
reqUired In order to mlmmlze or eliminate any potent1ally slgmficant 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 dedlcatlon of land for public purposes
and other terms and condltlons of development applicable to the Property shall be those set forth
In the Development Plan.
12 2 Effect of Al1reement on Land Use Regulations 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 speclficatlons applicable to development of the Property are those
rules, regulatlons and official poliCies In force as of the Effectlve Date. In connection With any
approval which City IS perDlltted or has the nght to make under thiS Agreement relatlng to the
ProJect, or otherwise under ItS rules, regulations and offiCial poliCies, City shall exercise ItS
dlscretlon 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 further land use entitlement approvals With respect to the ProJect called for or
reqUired under thiS Agreement. Such applicatlon shall be processed In the normal manner for
proceSSing such matters
12.3 Traffic and Parkmg MItigation Contnbutlon. Developer shall
contnbute to City the sum of $ 36,500.00 to mltlgate traffic and parking Impacts ansIng from
the ProJect ThiS amount IS $ 63,000.00, based on an Intenm In-lieu fee of $ 3,500.00 per
parking space (18 spaces), minUS credits based upon the benefits to the City and reSidents of the
City anSIng from the proJect. Developer shall pay to the City the amount of $ 36,500.00 as
follows' $ 7,300 00 shall be paid to the City pnor to the Issuance of a certlficate of occupancy
for the proJect; the balance shall be paid In four equal Installments of $ 7,300.00 on each
successive anmversary date from the date of the Issuance of the certlficate of occupancy In
addltlon to these amounts, Developer may be reqUired to pay addltlonal In-lieu parking fees
pursuant to Secbon 13 2 of thiS Agreement.
12.4 Development Fees Except as proVided In Sectlon 13 of thiS Agreement,
City shall not, Without the prior wntten consent of Developer, Impose or increase any fees
applicable to the development of the property or any portlon thereof, or Impose any such fees
as a condition to the Implementabon of the ProJect or any portion thereof, except those fees In
effect on the Effectlve Date of thiS Agreement.
12 5 Subseouent Actions. City shall timely process any applicatlons for
entitlements or other dlscrebonary approvals or entltlements contemplated by the Development
Plan, and any construction or other permits filed by Developer In accordance With the
substantlve development standards set forth In the Development Plan.
C IWP5I1RESOIVAR93-1 PCDILWl10-22-93
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Vanance 93-1, Dewlopment AgremJl'nt
Planmng ComnusSlon ResolUllon 93-49
October 20, 1993
13. Rules. Regulations and OffiCial Policies.
13.1 New Rules. This Agreement shall not prevent City from applying the
follOWing new rules, regulatlons and poliCies:
(a) ProcesSing fees and charges Imposed by City to cover the esbmated
actual costs to City of proceSSing applicauons for development approvals, for momtonng
compliance With any development approvals, or for momtonng compliance With envIrOnmental
Impact mltlgatlon measures.
(b) Procedural regulations relating to heanng bodies, petluons,
applicatlons, notlces, findings, records, heanngs, reports, recommendatlons, appeals and any
other matter of procedure.
(C) Regulations governing constructlon standards and speclficatlons
including, Without limltatlon, the City'S BUilding Code, Plumbing Code, Mechanical Code,
Electncal Code, and Fire Code proVided that such constructlon standards and speclficatlons are
applied on a City-wide baSIS
(d) Regulatlons which are not In conflict With the Development Plan
or thiS Agreement.
(e) Regulatlons which are In conflict With the Development Plan or thiS
Agreement to which Developer has consented In wntlng.
13.2 City Parlang Program. Developer hereby agrees to partlClpate In any
such In-lieu parlang 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 eighteen (18) spaces Any changes to the total parlang reqUirement for the Site shall
cause the modlficatlon of the rate of partlclpatlon In the In-lieu program, subJect to Planmng
Commission approval The Developer shall execute and cause a covenant to be recorded on the
tltle of the property which stlpulates that eighteen (18) parlang spaces are reqUired for the
retalUoffice uses of the property, pursuant to the Code of the City of Seal RP.llr.h, ~ 28-1203 and
~ 28-1304. In the event that future actlon by the City Council results In further costs per space,
Developer shall be entltled to a Credit of $ 36,500.00, or that portlon paid thereof, paid under
thiS Agreement pursuant to Section 12.3. '
13 3 Subsequent Actlons and Aoorovals. In accordance With Government
Code Sectlon 65866, thiS Agreement shall not prevent City in subsequent acbons applicable to
the Property from applymg new rules, regulatlons and poliCies which do not conflict With those
eXlstlng rules, regulatlons and poliCies set forth In the Development Plan, nor shall thiS
Agreement prevent City from denYing or conditionally approving any subsequent development
proJect apphcatlon on the baSIS of such eXlstlng or new rules, regulatlons and poliCies
13.4 State and Federal Laws In the event that state or federal laws or
regulabons, enacted after thiS Agreement IS executed, prevent or preclude compliance With one
or more of the provlSlons 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
regulatlons, proVided, however, that thiS Agreement shall remain In full force and effect to the
extent It IS not mconSlstent With such laws or regulations and to the extent such laws or
regulatlons do not render such remalmng provlSlons Impractlcal to enforce
14. Amendment or Cancellatlon of Al!reement ThiS Agreement may be
amended or canceled In whole or In part only by mutual consent of the partles In the manner
proVided for In Government Code Sectlon 65868.
C IWP51\RESOIVAR93-1 PCDILWlI0-22-93
10
Vanance 93-1, Develo~nt Agreement
Planmng Co11l11llSSlon RcsolUllon 93-49
October 20, 1993
15. Remedies.
(a) Specific 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 appropnate for the enforcement of thiS Agreement Therefore,
the remedy of specific performance shall be aVailable to all Parties hereto.
(b) Mandamus The Parties hereby stlpulate that the City's
performance of thiS Agreement IS compnsed of ministena1, non-<hscretlonary dutles which the
law specifically enJoins and admInlstratlve actlons taken as the result of proceedings In which
by law heanngs are required to be gIVen, eVidence IS reqUired to be taken and dlscretlon In the
determInatlon of facts is vested In the City, and that Developer shall be entltled to obtain relief
In the form of a wnt of mandate In accordance With Code of CIVIl Procedure Sectlon 1085 or
Section 10945, as appropnate, to remedy any default by City of ItS obligatlons and dutles under
thiS Agreement Nothing m thiS paragraph (b), however, IS Intended to alter the eVldentlary
standard or the standard of review applicable to any actlon of, or approval by, the City pursuant
to thiS Agreement or With respect to thiS ProJect
(c) Other Remedies This Sectlon 15 shall not limit any other
nghts, remedies, or causes of actlon that any Party may have at law or eqUity.
(d) Any legal acuon shall be brought In the Supenor Court for Orange
County, Callfornl8
15.1 City Not Liable For Damages. 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 applicatlon thereof. Consequently, and except for the payment
of attorneys fees In accordance With Sectlon 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 talang, Impairment or restnctlon of any nght or Interest
conveyed or proVided hereunder or pursuant hereto, or
(c) ansIng out of or connected With any diSpUte, controversy or Issue
regardmg the applicatlon 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 anse
under thiS Agreement;
(11) are not With respect to any nght or mterest conveyed or
prOVided hereunder or pursuant hereto; and
(lll) do not anse out of or which are not connected With any
dispUte, controversy or Issue regarding the applicatlon, interpretation or effect of the proVISions
of thiS Agreement to, or the application of, any City rules, regulatlons or offiCial poliCies
15.2 Breach By Action of the Electorate. The Parties hereby wammtthat
each enters mto thiS Agreement with the understanding that the Development Agreement Law
authonzes thiS Agreement to bind the City even as to actions taken by the voters of the City
If, a court of competent Junsdlctlon enters a final, non-appealable order to the contrary and the
C IWP51IRESOIVAR93-1 PCDILWl10-22-93
11
Vanan"" 93-1, Develo~nt Agrccment
Planmng Co11l11llSSlon RcsolutJon 93-49
Octobcr 20, 1993
City defaults on Its obligatlons under the Agreement within the meaning of Sectlon 15 solely or
pnnclpally due to an actlon 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 nght to seek specific
performance, a wnt of mandate, or other mandatory relief shall be limited by such force as the
actlon taken by the electorate may have m light of the Development Agreement Law as
detenmned by any court of competent Junsdlctlon, In which case Developer's pnnclpal remedy
shall lie m reformation of thiS Agreement.
16 Penodlc ReView of Compliance With Agreement
16.1 Penodlc ReView. City and Developer shall review thiS Agreement at
least once every SIX (6) months from the date thiS Agreement IS executed m accordance With the
procedures set forth In Sectlon 28-2766 of the Code of the City of Seal Beach, California. City
shall notlfy Developer In wntlng of the date for review at least thirty (30) days prior thereto
16.2 Good Faith Compliance Dunng each penodlc reView, Developer shall
be reqUired to demonstrate good faith compliance With the terms of thiS Agreement.
17 Event of Default by Developer. If City determines on the baSIS of substant1al
eVidence that Developer has not complied m good faith With the terms and condltlons of thiS
Agreement, City shall, by wntten notice to Developer, specify the manner In which Developer
has failed to so comply and state the steps Developer must take to bnng Itself Into compliance.
If, Within SIXty (60) days after the effecbve date of notlce from City specifying the manner In
which Developer has failed to so comply, Developer does not commence all steps reasonably
necessary to bnng Itself Into compliance as required and thereafter diligently pursue such steps
to completlon, then Developer shall be deemed to be In default under the terms of thiS
Agreement and City may termmate thiS Agreement, seek specific performance as set forth In
Sectlon 15, or Invoke any other remedies afforded by law
18 Waivers and Delays.
18.1 WaIVer. Failure by a party to mSlst upon the strict performance of
any of the proViSions of thiS Agreement by the other party, and faJ.lure by a party to exercise
Its nghts upon a default by the other party hereto, shall not constltute a waiver of such party's
nght to demand stnct compliance by such other party In the future
18.2 Third Parties Nonperformance shall not be excused because of a
faJ.lure of a third person except as proVided In Section 18.3 below.
18.3 Force Ma1eure Neither party shall be deemed to be In default where
faJ.lure or delay m performance of any of Its obligatlons under thiS Agreement IS caused by
floods, earthquakes, other Acts of God, fires, wars, nots or slmtlar hostllibes, stnkes, other
labor difficulties, federal or state government regulabons, court actlons, or other causes beyond
the party's control.
19. Notices All notices required or proVided for under thiS Agreement shall be
In wntlng and delivered In person or depoSited In the Umted States mall, postage prepaid and
addressed as follows:
C IWPSIIRESOIVAR93-1 PCDILWlI0-22-91
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Vonan"" 93-1, Development AgrCC1IUInt
Planning ComnusSlon RcsolUllon 93-49
October 20, 1993
TO CITY:
City of Seal Beach
211 Eighth Street
Seal Beach, Cailfornia 90740
Attn. Director of Development Services
TO DEVELOPER:
Bnan Kyle/Jim KlisanIn
226 Seventh Street
Seal Beach, CA 90740
Either party may change the address stated herem by gIVIng notlce, In wntlng,
to the other party and thereafter notlces 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. mall In the manner set forth above.
20 Attorneys' Fees. If legal actlon IS brought by any party against another for
breach of thiS Agreement, or to compel performance under thiS Agreement, the preVailing party
shall be entltled to an award of actual attorneys' fees and costs.
21. Transfers and ASSignments.
21.1 Right to ASSign Developer shall have the nght to sell, transfer or
assign ItS respective Interest In the Property 1D whole or In part (proVided that no such partial
transfer shall be permitted to cause a Violation of the SubdiVision Map Act, Government Code
Sectlon 66410, ~ .sm.) to any person, partnership, JOint venture, firm or corporatlon at any tlme
dunng the term of thiS Agreement; proVided, however, that any such sale, transfer or assignment
shall Include the assignment and assumptlon of the nghts, dutles and obligatlons ansIng under
or from this Agreement.
22. Pro1ect as a Pnvate UndertakInl!. It IS specifically understood and agreed by and
between the partles hereto that the development of the ProJect IS a pnvate development, that
neither party IS actlng as the agent of the other In any respect hereunder, and that each party IS
an Independent contractlng enbty With respect to the terms, covenants and condltlons contained
1D thiS Agreement. No partnership, JOint venture or other assoclatlon of any land IS formed by
thiS Agreement The only relatlonshlp between City, on one hand, and Developer, on the other,
IS that of a government entlty regulatlng the development of pnvate property
23. Eminent Domain. No proVISion of thiS Agreement shall be construed to IIDllt
or restrict the exerCise by City of Its power of eminent domain.
24. Authonty to Execute. The persons executlng thiS Agreement on behalf of
Developer warrant and represent that each has the authonty to execute thiS Agreement on behalf
of the Developer and to bind Developer to the performance of Its respective obligabons
hereunder.
25. Recordation. This Agreement and any amendment or cancellabon hereto shall
be recorded In the Office of OffiCial Records of the County of Orange, by the City Clerk Within
the penod reqUired by Sectlon 65868.5 of the Government Code.
C IWP5IIRESOIVAR93-1 PCDILW\IO-22-93
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Vonan"" 93-1, Development AgrCCI1U'nt
Planmng Co11l11llsSlon RcsolUllon 93-49
October 20. 1993
26. Protection of Mortgage Holders. Nothing contained herem shall limit or
mterfere With the lien of mortgage holders havmg any mortgage made m good faith and for
value on any portlon of the Property. "Mortgage holder" mcludes any beneficiary under any
deed of trust encumbering the property, and "mortgage" mcludes any deed of trust.
27 Severability of Terms. If any term, proVISIon, covenant or condition of this
Agreement shall be determmed invalid, VOId or unenforceable, the remainder of thiS Agreement
shall not be affected thereby to the extent such remalmng provIsions are not rendered Impractlcal
to enforce
28. Subseauent Amendment to Authonzml! Statute. ThiS Agreement has been
entered mto m reliance upon the prOVlSlons of the statute govermng development agreements
(Government Code Sectlon 65864 - 65869.5 mcluslve) m effect as of the Agreement Date
Accordmgly, 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 m the Agreement and Government
Code Sectlon 65868
29. Inte@retatlon and Governmg Law ThiS Agreement and any dispute ansmg
hereunder shall be governed and mterpreted m accordance With the laws of the State of
CalIfornia
30. Section Headml!s. All secbon headmgs and subheadmgs are mserted for
convemence only and shall not affect any constructlon or mterpretatlon of thiS Agreement
31. Incoqx>ratlon of Recitals and Exhibits. Recitals A through K and attached
Exhibits "A" through "E" are hereby mcorporated herem by this reference as though fully set
forth m full
32. Rules of Constructlon and Miscellaneous Terms.
32.1 Gender. The smgular mcludes the plural; the masculine gender
mcludes the femmme; "shall" IS mandatory, "may" IS permiSSive.
32.2 Time of Essence. Time IS of the essence regardmg each provISIon of
thiS Agreement m which tlme IS an element.
32.3 Coo.peratlOn Each party covenants to take such reasonable actions and
execute all documents that may be necessary to achieve the purposes and obJecbves of thiS
Agreement.
C IWP5IIRESOIVAR93-1 PCDILWlI0-22-93
14
Vonancc 93-1, Development Agrccment
Planning Co11l11llsSlon RcsolUllon 93-49
Octobcr 20, 1993
Dated
,1993
By
Bnan Kyle
Jim Klisamn
"Developer"
Dated:
,1993
CITY OF SEAL BEACH, a mumclpal
corporatlon of the State of California
By
Mayor
"City"
ATTEST.
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
C IWPSIIRESOIVAR93-1 PCDILW\IO-22-93
15
Vanancc 93-1, Develo~nt Agrccment
Planning Co11l11llSSlon RcsolUllon 93-49
October 20, 1993
EXHillIT "A"
LEGAL DESCRIPTION OF PROPERTY
Lot 12 of Block 109 of Bay City, as per Map thereof recorded m Book 3 Page 19 of
Miscellaneous Maps, records of SaId Orange County.
* * * *
C IWP51\RESOIVAR93-1 PCDILWl10-22-93
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Vanancc 93-1, Devclopment Agrcc1lU'nt
Planning Co11l11llsSlon RcsolllllOn 93-49
Octobcr 20, 1993
EXHIBIT "B"
DEVELOPMENT PLAN PERMITS AND APPROVALS
VARIANCE 93-1
(NOTE' REQUIRED BUILDING PERMITS AND ALL OTHER
APPROPRIATE PERMITS WILL BE ATTACHED UPON
ISSUANCE)
C IWPSIIRESOIVAR91-1 PCDILWllO-22-93
17
Vanan"" 93-1, Development Agrccment
Planmng Comnuss.on &solUllon 93-49
Octobcr 20, 1993
EXHIBIT "e"
IMPLEMENTING RESOLUTION NO. 93-38
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
ADOPTING NEGATIVE DECLARATION NO. 93-5,
AND APPROVING VARIANCE NO. 93-1 TO VARY
FROM THE COMMERCIAL PARKING, LOADING
ZONE AND LANDSCAPING REQUIREMENTS IN
CONJUNCTION WITH A REQUEST TO
DETERMINE THE APPROPRIATE AMOUNT OF
OFF-STREET PARKING AT THE PROPERTY
GENERALLY KNOWN AS 212 MAIN STREET
(MASONIC LODGE)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Sectlon 1. On February 19, 1993, Bnan Kyle and Jim Klisanm (herem after
collectlvely known as "Applicant") filed an applicauon for Vanance 93-1 With the Department
of Development Services to vary from the commercial parlang requirements, loadmg zone
requirements and landscapmg reqUirements. Applicant has requested that the CommiSSIOn
determme that the subJect property IS legally non-conformmg and does not have to proVide 28
off-street parkmg spaces, and that It can establish a restaurant use on the site WithOUt provldmg
the required parlang spaces
Section 2. Pursuant to 14 Calif Code of Regs. ~ 15025(a) and ~~ II C and
ill of the City'S Loca1 CEQA GUidelines, staff prepared an Imtlal Study and a Negatlve
Declarabon, which were Circulated for public review and comment from May 3, 1993 to May
24, 1993, in compliance With the provIsions of the California EnVironmental Quailty Act and
the City'S Local CEQA GUidelines
Secbon 3 A duly nobced public heanng was held before the Plannmg
Commission on July 7, 1993 to conSider the applicatlon At the public heanng, the applicant
and a partner spoke m favor of the request and 4 persons spoke m opposltlon.
Secuon 4
The record of the heanng mdlcates the followmg:
(a) The subJect property IS located on the easterly Side of Mam Street
approximately 155 feet north of the center of the mtersectlon of Main Street and Central
Avenue. The property IS Similar in Size and shape, bemg flat and rectangular, to ItS neighbors
and to other uses m the zone.
C IWPSIIRESOIVAR93-1 PCDILWlI0-22-93
18
Vanan"" 93-1, Dcvclopment Agr~C1IUInt
Planmng C011l11llsSlon R~solUllon 93-49
October 20, 1993
(b) The subJect property IS legally descnbed as Lot 12 of Block 109 of Bay
City Tract, as per Map recorded m Book 3 Page 19 of Miscellaneous maps, m the Office of the
County Recorder of Said County (Orange County, California) and IS also Identlfied as Orange
County Assessor's Parcel Number 199-043-13.
(c) The subJect structure was constructed pnor to 1950, when the City's oldest
recorded permit for the property indicates a dmner room was added to the Masomc Lodge.
(d) The structure has housed the local chapter of the Masomc Lodge for
approximately 45 years Accordmg to the applicants and the Masons, the structure has been
primanly used by fraternal organizatlons (Masons and Job's Daughters) as well as bemg rented
out to a church group and occasIonally rented out for partles or gathenngs. Such use was
established pnor to the City's current parlang reqUirements. Under the City Code, uses
established pnor to changes m the City's parlang reqUirements are conSidered legal-
nonconformmg and are allowed to contlnue operabons Without compliance With new parlang
standards adopted subsequently to the establishment of such use Accordmgly, the subJect
property, although provldmg no off-street parlang, does not have to meet current parlang
standards to conbnue Its present use
(e) The followmg table illustrates the applicants' estlmate of the usage of the
structure:
ESTIMATED USAGE OF STRUCTURE
Group
Hours/Meeting
Frequency
Attendance
Masons 3-4 IIweek 25 to 50
Job's 3-4 IIweek 15-25
Daughters
Church Group 2-3 IIweek 15-25
Parties 3-6 IImonth 25-200
The property would lose ItS legal nonconformmg status If the present use
of the property were to change, and any future use proposed for the Site must comply With
current parking reqUIrements, or obtain a vanance from the reqUired parkmg
(f) The subJect property IS located on Main Street, which IS a commercial stnp
fully developed With a vanety of commercial uses. The surroundmg land uses and zomng are
as follows.
NORTH, WEST
& SOUTH
A mixture of commercial uses m the Service
Commercial zone, (C-I).
EAST
A mixture of smgle-family and multi-family resldentlal
dwellings m the Resldentlal High DenSity zone, (RHD).
(g) A parlang study performed m conJunction With an application for the re-
mstltutlon of a restaurant use across Main Street from the subJect location, at 209 Main Street,
demonstrates that public parlang facilltles Wlthm 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 mcludes the
subJect property.
C IWPSlIRESOIVAR91-1 PC'DILWlI0-22-93
19
Vonancc 93-1, Development AgreC1lUlnt
Planning ComnusSlon RcsolUllon 93-49
October 20, 1993
(h) The buildmg and property at 212 Main Street cannot provide the on-site
parlang required for any new use WithOut demoliuon of the eXlstlng structure. Further, no off-
Site facllitles wlthm three hundred feet of the Site can proVide adequate parkmg.
(I) In connection With thiS applicatlon and other recent applicatlons, the City
has performed certaln parlang studies to, mter alia. analyze present supply and future needs;
deterDllne the Impacts ansmg from the proposed use, conSider whether current Code parkmg
reqUIrements should be modified; and to proVide addltlonal parlang and other mltlgatlon
measures to alleViate the impacts ansmg from the proposed use, as well as others To mlbgate
any Impacts ansmg from the proposed use and other proposed uses, a reserve fund has been
established 1D the 1993-1994 Fiscal Year budget for the acquIsition and Implementatlon of a
public tranSit trolley In addltlon, the City Council has authonzed the use of City-owned parlang
facllitles to satlsfy parkmg reqUIrements and the preparatlon of an amendment to the Main Street
Specific Plan to establish more fleXIble and appropnate parlang standards Council has directed
staff to conSider whether the city-wide commercial parlang standards should be modified so that
uses on Main Street, limited by phYSical constraints, may satlsfy parlang needs by m-lieu fees,
parkmg mltlgatlon fees, or off Site facilltles, rather than proVldmg parlang onslte.
Section 5. Based upon the eVidence m the record, mcludmg the facts stated
m ~ 4 of thiS resolutlon, and 1D the environmental documentatlon prepared m conJunctlon With
thiS proJect, and pursuant to ~~ 28-2403 1 and 28-2500 - 28-2504 of the City's ~, the
Planmng Commission hereby finds as follows:
(a) The record reveals that the ubhzation of the structure on the subJect
property for commercial retail and office uses, as condltloned and mltlgated herem, will not have
any appreciable Impact on traffic to and from the use. The eXlstlng roadways which serve the
Site are adequate to serve the proposed use and accordmgly the applicatlon IS consistent With the
goals, standards, and poliCies of the Circulation Element and Growth Management Element.
Vanance No 93-1 IS consistent With the provIsions of the Land Use Element of the City'S
General Plan, which proVides a "service commercial" deslgnatlon for the subJect property and
permits commercial retail and office uses As condltloned, Vanance 93-1 will not adversely
affect the General Plan because requmng the Applicant to mitigate parlang Impacts IS consistent
With the policy of the General Plan to require new uses to proVide adequate parlang for
commercial uses wlthm the Immediate vlclmty of the subJect Site. The parlang demand caused
by the proposed use can be accommodated by the eXlstlng City parlang facilltles. Approval of
the proJect for commercial retail and office uses allows ItS owner a reasonable economic use of
the property of a type proposed m the Land Use Element. The use IS also conSistent With the
remalmng elements of the City's General Plan as the poliCies of those elements are consistent
With, and reflected m, the Land Use Element Accordmgly, allowing a vanance to permit the
establishment of commercial retail and office uses IS consistent With the General Plan
(b) As conditloned herem, the bUlldmg and property at 212 Main Street are
adequate m Size, shape, topography and locatlon to meet the needs created by commercial retail
and office uses. The subJect property has been devoted to fraternal meetlng uses for
approXImately 45 years, and IS no longer Viable due to the reduced membership of the fraternal
organlZatlon. The use of the eXlstlng structure for commercial retail and office uses, not
mcludmg restaurant use, IS compatlble With the Mam Street commercial area The buildmg,
constructed in approXimately 1945, IS adequate for commercial retail and office uses While no
future use can proVide parlang onslte or upon any Site wlthm 300 feet m stnct compliance With
the Code, the pnor occupant, who enJoyed legal nonconforDllng status, likeWise did not proVide
onslte parlang The Code reqUires 18 spaces for commercial retail and office uses The parkmg
demand caused by commercial retail and office uses can be accommodated by eXlStlng City
parlang facilltles.
C IWPSI\RESOIVAR93-1 PCDILWl10-22-93
20
Vonan"" 93-1, Development Agrccment
Planning ComnusSlon RcsolUllon 93-49
Octobcr 20, 1993
(c) The subJect property has madequate area for landscapmg and a loadmg
zone There are Special circumstances which, through the stnct applicatlon of thiS Chapter,
depnve the subJect property of pnvileges enJoyed by other property m the same vicmity and
zone
(d) The grantlng of thiS vanance would not be the grantlng of a special
pnvilege mconslstent With other limltatlons on other propertles m the same vlclmty and zone.
(e) The applicants have the nght to enjoy some use of the subJect property,
mcludmg the continuatlon of the eXlstlng uses, proVided the uses do not cease for over 90
consecutive days.
(f) The eXisting use of the structure, as a meetlng place for two (2) fraternal
lodges and a church group, and as an assembly hall for partles, has the capacity for greater
Impacts on surroundmg land uses and parlang than other uses traditionally found along Mam
Street, specifically commercial retail and busmess office uses.
(g) The applicants Will be reqUired to partlClpate m the City's m-lieu parlang
program as it currently eXists or may be amended m the future.
(h) Retail shops and busmess offices are the least mtensIVe uses normally
found along Main Street With parlang reqUirements of only 1 space per 300 sq ft of gross floor
area.
(I) As condltloned hereby, approval of retail commercial and busmess office
uses at the Site Will be compatlble With surroundmg uses and the commumty tn general and Will
not be detnmental to the neighborhood. The uses of the premises for retail commercial and
busmess office purposes will not have an adverse Impact on surroundmg uses, and for the
reasons stated m paragraphs (a), (b), and (c) of thiS Section.
(J) The Planmng Commission hereby affirms that It mdependently reviewed
and analyzed proposed Negative DeclaratIOn No 93-5 pnor to actlng on the applicatlon and
hereby finds as follows'
(1) Negative Declarabon No. 93-5 was prepared by City Staff and
therefore reflects the mdependent Judgment of the City,
(2) There IS no substantlal eVidence in the record which would support
a fair argument that approval of the applicatlon might have a
slgmficant environmental Impact,
(3) Approval of thiS application mvolves no potentlal for adverse
effect, either mdlvldually 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, smce there are no Idenbfied wildlife
resources on or adJacent to the Site The Planmng Commission
directs the Director of Development Services to me the appropnate
De Mlmmls Impact Fmdmg for the California Department of Fish
and Game Certificate of Fee Exempuon.
(k) Pursuant to Government Code Section 65906.5, the City may grant advanance from parlang requirements proVided certain condltlons are met Although thiS section
applies to general law Cities, the City Council has previously found that the legislative policy
reflected m thiS statute IS appropnate to the circumstances of the charter City of Seal Beach
Section 65906 5 proVides, m relevant part.
C IWPSlIRESOIVAR93-1 PCDILWlI0-22-93
21
Vanancc 93-1, Devrlopment Agrccment
Planmng Co11l11llSSlon RcsolUllon 93-49
October 20, 1993
"[A] vanance may be granted from the parlang reqUirements of a zomng
ordmance m order that some or all of the reqUired parlang spaces be located
off Site, .., or that m-lieu fees or facllitles be provided mstead of the reqUired
parlang spaces, If both the followmg conditions are met.
(a) The vanance will be an mcentlve to, and a benefit for, the
nonresldent1al development.
(b) The vanance will facilitate access to the nonresldentlal
development by patrons of public tranSit facilltles,...."
The requirements set forth m Section 65906.5 are sabsfied here Allowmg
the Applicant to satisfy Its parlang reqUirements through m lieu payments proVides both an
mcentlve and benefit for the proposed nonresidential development. Further, granting the
vanance, subJect to certain condItions, would facilitate access to the proposed retail commercial
and busmess office uses by patrons of the proposed public tranSit trolley, and would contribute
to a denSity of commercial uses necessary to sustain public tranSit
(I) In accordance With Government Code Sectlon 65906.5, there IS no
reqUirement to show special circumstances to Justlfy the grantlng of a parkmg vanance.
Nonetheless, there are Special circumstances which warrant the vanance here, mcludmg the
Site'S locatlon, surroundmgs, and the availability of public parlang nearby. In order to proVide
the Code reqUired parkmg, It would be necessary to demolish the eXlstlng structure. The Site
IS m close proximity to aVailable public parlang There is no space on or wlthm 300 feet of the
Site to proVide the required parlang WithOUt destroying all or part of a structure which has a
remalnmg useful life and of which ItS owner must be allowed a reasonable economic use.
(m) Stnct application of the Zomng Code depnves the subJect property of
pnvileges enJoyed by other property m the same vlclmty and zone. Other commercial retail and
busmess office uses along MaID Street bkewlse cannot, and do not proVide on-site parkmg. The
condlbonal grantmg of a vanance Will not consbtute a grant of Special pnvileges inconSistent
With other limltatlons upon other propertles in the same Vlclmty and zone because, as
condltloned, the proposed use will meet ItS parlang demand through the alternatlve means
proVided m the condltlons
Section 6. Based upon the foregomg, the Planmng Commission hereby adopts
Negabve Declaratlon No. 93-5, conditionally approves Vanance 93-1, a vanance from ~
proViSions requlnng a loadmg space, landscapmg, and proviSIOn of 18 parkmg spaces wlthm a
300 foot radius of the subJect property, subJect to the conditions attached hereto as Attachment
A
Sectlon 7. The proposed mltlgatlon momtonng program attached hereto as
Attachment "BOO IS hereby adopted.
PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of
Seal Beach at a meeting thereof, held on the 21st day of July ,1993 by the
followmg vote:
C IWP51IRESOIVAR93-1 PCDILWlIO-22-93
22
Vonan"" 93-1, Devclopment Agrrcment
Planmng ComnusSlon RcsolUllon 93-49
Octobcr 20, 1993
AYES:
Dahlman. Fife. Law. Shall>. and Soukup
NOES:
ABSTAIN:
ABSENT
Anton Dahlman, Chairman
Planmng Commission
Lee Whittenberg, Secretary
Plannmg Commission
C IWPSIIRESOIVAR93-1 PCDILW\10-22-93
23
Vanancc 93-1, Development Agrccment
Planmng Co11l11llSSlon RcsolUllon 93-49
Octobcr 20, 1993
ATIACHMENT A, RESOLUTION NO. 93-38
CONDITIONS OF APPROVAL
VARIANCE 93-1
1. Vanance 93-1 IS approved for the provisIOn of 18 less than the reqUired 18 on-site
parlang spaces, no on-site landscapmg and no loadmg space m conJunctlon With the
change m use of an eXlstlng structure at 212 Main Street, Seal Beach.
2 The Commission approves a change m use from the current uses (fraternal hall, church
and assembly hall) to commercial retail and/or busmess office uses. No restaurant uses
are permitted.
3 The approval of Vanance 93-1 IS subJect to the City's approval of a Development
Agreement governmg the use of the subJect property and the conditIOnal approval herem
shall confer no entltlements or nghts upon the applicants. Nor shall the City be obliged
to Issue any permits or approvals untll such tlme as the Development Agreement has
been approved, Without the pnor wntten consent of the City.
4. Applicants have agreed to contribute an amount specified m the Development Agreement
to Dlltlgate traffic and parlang Impacts from the project. The property owner shall agree
to partlclpate in such m-lieu parlang program as has been or shall be established by the
City Council for the amount equal to eighteen (18) spaces Any changes to the total
parkmg requirement for the Site shall cause the modlficatlon of the rate of partlclpatlon
m the m-lieu program, subJect to Planmng Commission approval. The applicant and/or
property owner shall sign and record the m-lieu parkmg agreement, or an alternatlve
document acceptable to the City, pnor to the Issuance of any buildmg permits and/or
busmess license. The applicant realizes that thiS IS an mtenm agreement, and a
permanent agreement may result m further costs per space. A covenant shall be recorded
on the tltle of the property which stipulates that eighteen (18) additional parking spaces
are reqUired for the commercial retail and/or busmess office use of the property, pursuant
to the Code of the City of Seal Beach ~28-1304(4)
5. This Vanance shall not become effectlve for any purpose unless an "Acceptance of
Condlbons" form has been signed by the applicant m the presence of the Director of
Development Services, or notanzed and returned to the Planmng Department; and untll
the ten (10) day appeal penod has elapsed.
6 That all reqUirements of the Orange County Health and Fire Departments and the
Umform Buildmg Code be met pnor to occupancy.
7. The applicants shall submit plans to the City and receive approval from the City for any
proposed facade changes or tenant Improvements, pnor to the Imtlatlon of construcbon
actlVity.
8 All coolang and food preparation facilities shall be removed from the property pnor to
Issuance of a Certlficate of Occupancy.
C IWPSlIRESOIVAR93-1 PCDILW\IO-22-93
24
Vanancc 93-1, Devclopment Agreement
Planmng C011l11llsSlon RcsolutlOn 93-49
Octobcr 20, 1993
9. In order to offset the lack of on-Site landscapmg, a fee shall be paid to the City to
purchase a maximum of SIX (6) street trees for the Main Street area Addltlonally, If
deemed feasible by the City's Engmeenng Department, a fee shall be paid to the City
to cover the cost of purchasmg and mstalling an addltlonal pedestrian bench on Main
Street or other hardscape treatments to the sidewalk area adJacent to the subJect property.
Said fee shall not exceed $5,000 and shall be paid as a $5,000 depoSit pnor to Issuance
of a certlficate of occupancy
10. If feaSible, a SIX foot tall bnck trash enclosure shall be mstalled at the rear of the
structure. In the event It IS found to be unfeasible, the applicant shall provide the City
With an alternatlve refuse holdmg plan for review and approval by the Director of
Development Services
11 The Applicant shall mdemmfy, defend and save harmless the City of Seal Beach, Its
officers, agents and employees from any and all claims and losses whatsoever occumng
or resultlng to any and all persons, firms or corporatlons furnlshmg or supplymg work,
serviCes, matenals, or supplies m connection With the performance of the use permitted
hereby or the exercise of the nghts granted herem, any and all claims, laWSUits or actlons
ansmg from the grantlng of or the exercise of the nghts permitted by thIS Vanance, and
from any and all claims and losses occumng or resulbng to any person, firm,
corporatlon or property for damage, mJury, death ansmg out of or connected With the
performance of the use permitted hereby. Applicant's obligatlon to mdemmfy, defend and
save harmless the City as stated heremabove shall mclude, but not be limited to, paymg
all legal fees and costs incurred by legal counsel of the City's chOice m representlng the
City m connecbon With any such claims, losses, lawsUits or actlons, and any award of
damages or attorneys fees m any such laWSUit or actlon.
* * * *
C IWP5IIRBSOIVAR93-1 PCDILW\10-22-93
25
Vanancc 93-1, Dcvclop""nt Agrccment
Planmng Co11I11IlsSlon RcsolUllon 93-49
October 20, 1993
ATTACHMENT B, RESOLUTION NO. 93-38
MITIGATION MONITORING and REPORTING PROGRAM
NEGATIVE DECLARATION 93-5
209 MAIN STREET)
1. Miti!!ation Measure: The approval of Vanance 93-1 IS subJect to the
City's approval of a Development Agreement governmg the use of the subJect property
and the condltlonal approval herem shall confer no entltlements or nghts upon the
applicants Nor shall the City be obliged to Issue any permits or approvals untll such
tlme as the Development Agreement has been approved, Without the pnor wntten consent
of the City (planmng CommiSSion Condition of Approval #3, Resolutlon No 93-38)
Method of Verification: Return of properly executed and recorded Development
Agreement.
Timin!! of Verification: Upon return of properly executed and recorded Development
Agreement and covenant
Responsible Person/ A!!encv: City Attorney - Approval as to form of development
agreement form; Department of Development Services - Director and/or ASSistant
Planner - venficabon of receipt of recorded development agreement pnor to Issuance of
any buildmg permits and/or busmess license
2. Miti!!ation Measure: Applicants have agreed to contnbute an amount specified
m the Development Agreement to mitlgate traffic and parkmg Impacts from the proJect
The property owner shall agree to partiCipate m such m-lieu parlang program as has been
or shall be established by the City Council for the amount equal to eighteen (18) spaces.
Any changes to the total parlang requirement for the Site shall cause the modlficatlon of
the rate of partlclpatlon m the m-lieu program, subJect to Planmng Commission approval.
The applicant and/or property owner shall sign and record the m-lieu parlang agreement,
or an alternatlve document acceptable to the City, pnor to the Issuance of any bUlldmg
permits and/or busmess license. The applicant realizes that thiS IS an mtenm agreement,
and a permanent agreement may result m further costs per space. A covenant shall be
recorded on the title of the property which stlpulates that eighteen (18) additional parlang
spaces are reqUired for the commercial retail and/or busmess office use of the property,
pursuant to the Code of the City of Seal Beach ~28-1304(4) (planmng CommiSSion
Condltlon of Approval #4, Resolution No 93-38)
Method of Verification: Return of properly executed and recorded m-lieu parlang
participation agreement and covenant.
Timin!! of Verification: Upon return of properly executed and recorded m-lieu
parlang partlclpatlon agreement and covenant.
C IWP5IIRESOIVAR93-1 PCDILW\IO-22-93
26
Vanancc 93-1, Development AgrcC1lUlnt
Planmng Co11l11ll mon Resolutlon 93-49
October 20, 1993
Resnonsible Person! Al!encv: City Attorney - Approval as to form of m-lieu
parlang partlclpatlon agreement form and covenant; Department of Development Services
- Director and/or ASSistant Planner - venfication of receipt of recorded m-lieu parlang
partlClpatlon agreement and covenant prior to issuance of any bUlldmg permits and/or
busmess license
3. Mitil!ation MPJI"Ure: All reqUirements of the Orange County Health
Department and the Umform Buildmg Code shall be met pnor to occupancy. (planmng
CommissIOn Condltlon of Approval #6, Resolution No. 93-38)
Method of Verification: Receipt of approved plans by Orange County Health
Department and from City contract plan check engmeenng firm.
Timinl! of Verification: Upon return of properly approved plans by Orange County
Health Department and from City contract plan check engmeenng firm
Resnonsible Person/ Al!encv: Department of Development Services - BUlldmg
Inspector - venficatlon of approved plans pnor to Issuance of bUlldmg permits.
4 Miti!!ation Measure: In order to offset the lack of on-site landscapmg, 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 Engmeenng Department, a
fee shall be paid to the City to cover the cost of purchasmg and mstalling an addltlonal
pedestnan bench on Main Street or other hardscape treatments to the Sidewalk area
adJacent to the subJect property Said fee shall not exceed $5,000 and shall be paid as
a $5,000 depoSit pnor to ISSuance of a certlficate of occupancy. (planmng Commission
Condltlon of Approval #9, Resolutlon No 93-38)
Method of Verification: Receipt of $5,00000 depoSit from applicant
Timinl! of Verification: Pnor to final mspectlon and Issuance of certlficate of
occupancy.
Resnonsible Person! Al!encv:
and/or ASSistant Planner.
Department of Development ServiCes - Director
5 Mitil!ation Measure: The applicants shall submit plans to the City and
receIVe approval from the City for any proposed facade changes or tenant Improvements,
pnor to the Imtlatlon of constructlon actiVity (planmng Commission Condltlon of
Approval #7, Resolutlon No 93-38)
Method of Verification: Venficatlon of substantlal compliance of constructlon plans
to approved plans by Department of Development ServiceS pnor to submiSSion by City
for Plan Check review by City contract plan check engmeenng firm.
Timin!! of Verification:
Upon receipt of reqUired plans from applicant
Resnonsible Person/ Al!encv: Department of Development Services - Director
and/or ASSistant Planner - venficatlon of substantlal compliance of constructlon plans to
approved plans pnor to submiSSion by City for Plan Check review by City contract plan
check engmeenng firm.
* * * *
C IWPSlIRESOIVAR93-1 PCDILW\IO-22-93
27
Vanancc 93-1, Development Agrecment
Planning Co11l11llSSlon ReJolunon 93-49
Octobcr 20, 1993
EXHIBIT "0"
VARIANCE 93-1
APPROVED "FLOOR PLAN.:
ATTACHED
. ...
C IWPSllRESOIVAR93-1 PCDILWl10-22-93
28
,
Vanancc 93-1, Devclo~nt AgreC1lUlnt
Planmng ComnusSlon R~soluhon 93-49
Octobcr 20, 1993
EXHIBIT "E"
VARIANCE 93-1
"NEGATIVE DECLARATION 93-5"
ATTACHED
* * * *
C. IWPSIIRESOIVAR93-1 PCDILW\IO-22-93
29