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CITY OF HUNTINGTON BEACH
2000 MAIN STREET
CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CrTY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: July 24, 2001
TO: JT DevelORment Company, LLC ATTENTION: John H. Tillotson,_ Jr.
Narne
15272 Bolsa Chica Road DEPARTMENT:
Street
Huntington Beach, CA 92649 REGARDING: License Agreement
City, State, Zip for Encroachment into Public Righ
of Way
See Attached Action Agenda Item r-2z, DateofApproval 7116101
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Broc"!ay
City Clerk
Attachments: Action Agenda Page x Agreement
RCA
CC- H. Zelefsky Planning
Name Depar
R. Beardsley DpVnt
Name
J. James
Name
Department
Planning
Department
X Bonds Insurance x
Deed Other
X
x
X
RCA
Azr—.cnt
Insurance
X
X
X
RCA
Agreement
Insurance
X
X
X
RCA
A,—cemcra
Insurance
Name Department FiCA Apeement �mrance
C. Mendoza Risk Mgmt. X X
Same Department RCA Insurance
Other
Other
Other
Other
Mlephone: 714-536-52271
6",
Council/Agency Meeting Held:
Deferred/Continued to:
prove 0 Condition Ily Approved Ll Deni-A
A.4AL—r% ? Cq *ftok 0 rg )003;m
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D%�XAY C14 s Signature
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Council Meeting Date: July 16, 2001
Department ID Number: PL01-24
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED Y: , HOWARD ZELEFSKY Director of Plannina
ROBERT BEARDSLEY, Director of Public Works
SUBJECT: APPROVE LICENSE AGREEMENT BY AND B EN THE CITY
OF HUNTINGTON BEACH AND JT DEVELOPM4ET COMPANY,
LLC FOR.ENROACHMENT INTO THE PUBLIC RIGHT OF WAY
WITH PORTABLE VENDING CARTS AT PLAZA ALMERIA.
Statemen t of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Transmitted for your consideration is a license agreement for encroachment into the public
right of way along the west side of Main Street between Olive and Orange Avenues. JT
Development Company, LLC proposes to enter into a license agreement for use of a portion
of the public sidewalk for five portable vending carts at Plaza Almeria. -
Funding Source: Not applicable.
Recommended Action:
Motion to:
"Approve'the License Agreement By and Between the City of Huntington Beach and JT
Development Company, - LLC for Encroachment into the Public Right of Way and authorize
the Mayor and City Clerk to sign and execute (ATTACHMENT NO. 1)."
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REQUEST FOR ACTION 0
MEETING DATE: July 16,2001 DEPARTMENT ID NUMBER: PI-01-24'
Alternative Actiqjns):
The City Council may make the following alternative motions:
"Continue the License Agreement By and Between the City of Huntington Beach and JT
Development Company, LLC for Encroachment into the Public Right of Way and direct
staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: John H. Tillotson, Jr., JT Development Company, LLC, 15272 Bolsa Chica,
Huntington Beach, CA 92649
Location: 301 Main Street (Plaza Almeria — west side of Main Street between Olive and
Orange Avenues)
B. STAFF ANALYSIS AND RECOMMENDATION:
On October 5, 1998', the City entered into a license agreement with JT Development
Company, LLC for permanent maintenance of the landscaping within the public right of way
around the Plaza Almeria mixed use project.
On October 24, 2000, the Planning Commission approved Conditional Use Permit No. 00-15
(R) allowing five portable vending carts to be placed within the public right of way along Main
Street in front of Plaza Almeria. One additional vending cart was also approved within the
gallery/rotunda area at the center of the project on private property. The conditions of
approval for Conditional Use Permit No. 00-15 (R) require the developer to enter into a
subsequent license agreement with the City to allow encroachment into the public right of
way with the portable vending carts,
The agreement has been reviewed and signed by JT Development Company, LLC and the
City Attorney's office. Staff recommends that the City Council approve the agreement.
Environmental Status:
The subject request is exempt pursuant to the California Environmental Quality Act.
PLOI-24 -2. 07112101 2:31 PM
REQUEST FOR ACTION 0
MEETING DATE: July 16,2001 1 DEPARTMENT ID NUMBER: PL01-24
AttachMent(s):
RCA Author: Jane JameslHerb Fauland
PLOI-24 -3- 07112101 2:31 PM
LICENSE AGR-EEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JT DEVELOPMENT COMPANY, LLC FOR
ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY
Table of Contents
IPermission
.................................................................................................................
I
2
Term; Fees and Charges .............................................................................................
)
3
Indemnification, Defense, Hold Harmless ................................................................
2
4
Workers' Compensation Insurance ...........................................................................
5
Insurance ...................................................................................................................
3
6
Certificates of Insurance; Additional Insured Endorsement .....................................
3
7
Release .....................................................................................................................
4
8
Waste .........................................................................................................................
4
9
Maintenance ................................................................................................
: ............. 5
10
Control of Equipment: Animals ...............................................................................
5
I I
Independent Contractor ............................................................................................
6
12
No Assignment .........................................................................................................
6
13
No Title Interest ........................................................................................................
6
14
Notices .....................................................................................................................
6
15
No Discrimination .................................................................................................... 6
16
Attorney Fees ..........................................................................................................
7
17
Entirety ...................................................................................................................... 7
gA 2000agec: Licenoe AgrcLriei--� — 0-tdow.- Dining
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LICENSE AGREEMENT BY AN-D BETWEEN
THE CITY OF HUNTINGTON BEACH AN-D
JT DEVELOPMENT COMPANY, LLC FOR
ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY
U
This agreement is made and entered into on this,,X\ day of 2001, by
and between the CITY OF HUNTINGTON BEACH, a Call fornia municipal corporation,
hereinafter referred to as "CITY," and JT DEVELOPMENT COMPANY, LLC, hereinafter
referred to as "LICENSEE."
WHEREAS, LICENSEE has applied to CITY for permission to encroach into the public
right of way adjoining LICENSEE'S property, for the purpose of operating portable vending
carts; and
CITY desires to allow such encroachment; and
The parties wish to enter into an agreement defining their respective rights and
- responsibilities concerning said encroachment,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows -
PERMISSION. Permission is hereby given to LICENSEE to enter upon and use
the public right of way as depicted in the map attached hereto as Exhibit "A" (hereinafter- referred
to as the "Public Right of Way") for the purpose ofoperating portable vending carts. LICENSEE
agrees to remove and replace such portable vending carts each day, so that the portable vending
carts will not be stored or kept in the Public Right of Way overnight. This License is non-
exclusive, and the Public Right of Way shall at all times remain open for use by the public. A
minimum pedestrian passage way, in accordance with the reqUirements of the Downtown
Specific Plan, shall be maintained at all times.
TERM, AND CHARGES. The term of this License is one year. Either party may
cancel this License upon 10 days written notice to the other party. In consideration of this
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License, LICENSEE agrees to pay to CITY an application fee, a use charge, and an inspection
fee in the followinc, amounts:
a) Application Fee: Thirty Dollars ($30.00) 6ne time fee.
b) Use Charge: One Cent (SO.01) per square foot of public right orway encroached
upon, for a total use charge of Fifty Dollars and forty cents (S50.40) per year.
3. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. LICENSEE hereby
agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and
employees against any and all liability, claims, judgments, costs and demands, however caused,
including those resulting from death or injury to LICENSEE'S employees and damage to
LiCENSEE'S property, arising directly or Indirectly out of the gyran't of License herein contained,
including those arising from the passive concurrent negligence of CITY, but save and except
those which arise out of the active concurrent negligence, sole negligence, or the sole willful
misconduct of CITY. LICENSEE will conduct all defense at its sole cost and expense.
4. WORKERS'COMPENSATION INSUR-ANCE. Pursuant to the California Labor
Code Section 1861, LICENSEE acknowledges awareness of Section 3700 et seq. of said code,
which requires every employer to be insured against liability for workers' compensation;
I
LICENSEE covenants that it will comply with all Such laws and provisions prior to the
encroachment into the Public Right of Way pursuant to this license.
LICENSEE shall maintain such Workers' Compensation Insurance in an amount of not
less than One Hundred Thousand Dollars ($100,000) bodily inj ury by accident, each occurrence,
One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two
Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times
incident hereto, in forms and -under-%.N.ritten by insurance companies satisfactory to CITY.
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INSURANCE. LICENSEE shall carry at all times incident hereto, on all activities
to be performed in the Public Right of Way as contemplated herein, general liability insurance,
including, coverage for bodily injury, and property damage. All insurance shall be underwritten
by insurance companies in forms satisfactory to CITY. Said insurance shall name -the CITY, its
officers, agents and employees and all public agencies as deten-nined by the CITY as Additional
Insureds. LICENSEE shall subscribe for and maintain said insurance policies in full force and
effect during the life of this Agreement, in an amount of not less than One Million Dollars
(SI,000,000) combined single limit coverage. If coverage is provided under a form which
includes a designated general aggregate limit, such limit shall be not less than One Million
Dollars (S 1,000,000). In the event of aggregate coverage, LICENSEE shall immediatelv notifv
CITY of any known depletion of limits. LICENSEE shall require its insurer to waive its
subrogation rights against CITY and agrees to provide certificates evidencing the same.
6. CERTIFICATES OF INSURANCE. ADDITIONAL INSURED
ENDORSEMENT. Prior to the encroachment into the Public Right of Way pursuant to'this
license, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City
Attorney evidencing the foregoing insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each carrier and policy, and shall state
that the policy is currently in force and shall promise to provide that such policies will not be
canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the
foregoing insurance coverages in force until this Agreement is terminated.
1.7 1P
The requirement for caMing, the foregoing insurance shall not derogate from the
I
provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its
representative shall at all tirries have the right to demand the original or a copy of all said policies
of insurance. LICE'NSEE shall pay, in a prompt and timely manner, the premiums on all
insurance hercinabovc required.
0'magree�vending carisi"ift Al 3
A separate copy of the additional insured endorsement to each of LICENSEE'S insurance
policies, naming the CITY, its officers and employees ai Additional Insureds shall be provided to
the City Attorney for approval prior to the encroachment into the Public Right of Way pursuant
to this License.
RELEASE. LICENSEE hereby releases and forever discharges CITY of and from
any and all claims, demands, actions or causes of action whatsoever which LICENSEE mav
have, or may hereafter have, against the CITY specifically arising out of the matter of the entry of
LICENSEE onto the Public Right of Way. This is a complete and final release and shall be
binding upon LICENSEE and the heirs, executors, administrators, successors and assigns of
LICENSEE'S use of the Public Right of Way. LICENSEE hereby expressly waives any rights
under or benefit ofany law of anyjUrisdiction whatsbeve r providing to the contrary. Neither the
acceptance of this release nor any payment made hereunder shall constitute any admission of any
liability of CITY.
8. WASTE. LICENSEE shall not alter, damage or commit any kind of waste upon
the Public Right of Way or any improvement, equipment or personal property thereon and shall
not interfere in any manner with the operations or activities of CITY. LICENSEE shall make no
change in the use of the Public Right of Way nor shall the design of the Public Right of Way be
changed other than as authorized here -in without pnior written consent of CITY. LICENSEEshall
not cause any workmen's or materialmen's liens to be placed upon the Public Right of Way and
agrees to indemnify and hold CITY harmless against any such liens including but not limited to
the payment of attorneys' fees.
9. MAINTENANCE. LICENSEE agrees to care for and maintain the Public Right
of Way in good and satisfactory condition as acceptable to the City. Maintenance shall include
daily cleaning of the Public Right of Way including but not limited to removal of all rubbish,
0 1 ag=. vend:ng :arts 1 0 1 4
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food stuffs, paper, bottles, cans, guryi, cigarettes, animal litter, dirt and sand.. At tile end of each
business day, any and all fUrniftire, fixtures or other items-, permitted and used in the operation of
the business shall be removed from the Public Right of Way. Such items shall not be returned to
the Public Right of Way until the beginning of the next business day. Steam cleanin or high
1 9
pressure water cleaning of the Public Right of Way, including the sidewalk, curb and gutter shall
be accomplished no less than once each month or as otherwise directed by the CITY.
In the event LICENSEE does not maintain the Public Right of Way in a satisfactory
manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf. All
costs incurred performing said maintenance shall be assessed to and billed directly to the
LICE'NSEE. LICENSEE agrees to pay such costs within ten (10) days of billing.
In the event any damage is caused to the Public Right of Way, including any damage to
the brick pavers, hardscape, sidewalks, curb, planters, bollards, landscape, irrigation include but
not be limited to system, street light, street or oth& utilities improvernents, as a result of the
encroachment authorized hereunder, LICENSEE agrees to repair same at its own expense.
In the event LICENSEE does not comply with all conditions of approval required by the
Conditional Use Permit and relevant Downtown Specific Plan and Downtown Guidelines,
Huntington Beach Municipal Code Section 230.94(C) and other applicable Huntington -Beach
Municipal Code Sections, as deten-nined by the Planning Director, the License may be canceled
on 10 days written notice from CITY to LICENSEE.
10. CONTROL OF EQUIPMENT. LICENSEE. shall keep any equipment used or
brought onto the Public Right of Way under its absolute and complete control at all times and
said equipment shall be used on the Public Right of Way at the sole risk of LICENSEE.
11. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or
undertaken by it on the Public Right of Way shall be for its sole account and not as an agent,
.1 -
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servant or contractor for CITY. LICENSEE agrees to indemnify and hold CITY and the Public
Ric',lit of Wav harmless from and against all clairns or liens of workmen and matenialmen.
1.) 1
12. NO ASSIGN.TIMENIT. LICENSEE agrees that the permission herein extended shall
be personal to it and that it shall not assign or permit any third party to avail itself of any of the
p i ileges granted hereunder, without the express written pen-nission of CITY.
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13. NO TITLE INTEREST. No title interest of any kind is hereby given and
LICENSEE shall never assert any claim or title to the Public Right of Way.
14. NOTICES. All notices given hereunder shall be effective when personally
delivered or if mailed, within 48 hours of the deposit of such notice In the U.S.-Mail, postage
prepaid, and certified with return receipt requested and addressed to LICENS EE or to CITY at
the respective addresses shown below:
CITY:
Director Of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
LICENSEE:
John H. Tillotson, Jr.
JT Development Company, LLC
15272 Bolsa Chica Road
Huntington Beach, CA 92649
15. NIQ DISCRIMINATION. LICENSEE agrees that in performance of this
Agreement and in the use of the Public Right of Way authorized hereunder, it will not engage in,
nor permit its officers, agents or employees to engage in, any discrimination or discriminatory
practices against any person based on race, religion, creed, color, natural origin, ancestry
physical handicap, medical condition, marital status or (Yender.
11
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Oiagreelvending carls/7/1 I iO 1 6
16. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the
terms and provisions of this agreement or to secure the performance hereof, each party shall bear
its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees.
17. ENTIRETY. This Ag-reement contains the entire agreement between the pa r-ties.
This Agreement shall be modified only by�a subsequent written amendment, as may be mutually
agreed'upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
JT DEVELOPMENT COMPANY, LLC
��O-NAIN A�t-
print name
ITS: (cit'ale onej ChairmanTresidentiv ice President
AN-D
Bv:
print name
1TS:'(cjrde one) Secretar)""ChieC Financial Officer;Asst.
Secretary - Treasurer
REVIEWED AND APPNV
. A � 'n/1" 11
City Administrator
CITY OF HUNTINGTON BEACH, a
municipal corporation ofthe State of
Cali
Z
Director of Public Works
7//
APPROVED AS TO FORM-.
- 2 4 1 e- t -'- e X �4- �--
City At orney Of
Mayor, Cit4/of Huntington Beach
ATTEST:
City Cl-drk, City of Huntifigton Beach
0[agreelvendingc-arts/Tili0l
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ss.
On before me. L A Me
U tj Dale Name and Tit -a of Office, (e.g . 'Jane Doef Notary Pu"MC)
personally appeared
LAURAA. N5.50N
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NamoIS) of Signor(s)
�_(personaiiy known to me
E 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.
WITNESS In d and official seal.
P ace No,ar� Sea A3cve sigrB:Lre o' N31ar, !`Lb-ic
OPTVNAL
Though the information below is not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document: -
V, 4,;,r&Ate,^t.
Document Date: Number of Pages: to
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: A CUA ti. -1 LUL4M&V% 1. Z
Individual T�c- oi :-.Ljmo nere
D Corporate Officer — Title(s):
__ Partner — --- Limited r__ General
I Attorney in Fact
Trustee
D Guardian ol!Conse ator
Other:
Signer Is Representing� -)T-
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PROF UCER
THIS DER71FICATE 12 ISSUED AS A MATIFIEN OF INFORMATION
iROBCO INSURANCE SERVICES
'Liceme #0750612
27362 Celle Arroyo
San Juan Cap6trano, CA 92675
ONLY AND CONFERS NO RIGHTS UPON THE CERTIWATS
HOLDER. THI R 'n"OATE POES NOT AMEND fiXTEND OR
I'S CE Rarip ey Tim 061(mis spiow.
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ALTIH THE COVE AGE AF
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A FLIBLIC SERVICE MUTUAL INS.
Compmy
JOHN H. TILLOTSON, JR. AND
a RLI INSURANCE COMPANY
1T-DEVELOPMENT C0.,LLC
COMPANY
15272 Boise Chien Road
C
HunUlnaon Beach, CA 92649
COMPANY
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TRIS JS TO CERTIFY THAT THE POLICIES OF INGURANOF LISTeD BELOW HAVE BEEN ISSUED 707HE INSURED NAMED ABOVE FOR YHE Paucy PEWOD
INDICATED, NOT -WITHSTANDING ANY REQUIROMONT. TERM OR CONDITION OF ANY CONTRACT OR OTHER =CUMENT WITH RESPECT TO WHICH THIS
G6RTIFIGATC MAY HE ISSUED OR MAY PERTAIN. THI! INSUFIANCE AFrFOROED BY Ttie POLICIag OESCFIIIIED tifAFIN Ila SU51jZCT 1`0 ALL Tite TERMS.
EXCLUSIONS AND CONOITIONS 0 SUCH POLICIRS. LImiTS SHowN MAY AVE BEEN REDUCED BY PAJD R.L.AIMS.
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MY OF HUNTINGTON REACH IS NAMED AS
AN ADDTTIONAL INSURED AS RESPECTS
KIOSK VrkNDORS VNING CITY SIDEWALKS IN FRONT OF INSUREDS PROPERTY, PER
ATTACHED KAP ATTACHED
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SHOULD ANY OF TH9 AS*Vff GESCAM0 POLrCJZO 69 CAAIC913�1110 OfFORE
CITY OF HUNTINGTON DFACH, A
CALIFORNIA MUNIMAL CORP.Its
AgentatOffiters and Emplaytea
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2000 MAIN STREET
HUNTINGTON BEACII, CA 92648
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INSURED: JOHN H. TILLOTSON, JR. AND
OTHER COVERAGES -(Continued):
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Poucy NUMBER
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RENTS -BLANKET
POUCY EFFECTIVE
DATE
POUCY EXPIRATION
DATE
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05122/02
$90 000 LINUT
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POLICY NUMBER. C1400150
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PL9ASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON or
ORGANIZATION
This andorammoni modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or OrganIzation:
CITY OF HUNTINGTON BEACH, A
CALIFORNIA MUNICIPAL CORP.Its
AllentrJOfficefs and Employees
2=1 MAIN STREET
HUNTINGTON OEACH, CA 92NO
CITY OF HUNTINGTON BEACH IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS
KIOSK VENDORS USING CITY SIDEWALKS IN FRONT OF INSUREDS PROPERTY, PER
ATTACHED MAP ATTACKED
(it no entry ap ars above, information required to complete this endorsement will he shown in the Declarations
as applicable rihis endorsement,)
WHO IS AN INSURED (Section IQ is amended to include at, an Insured the person or organization shown in
the Schedule, but only with respect to liability arising out of your operations or promises owned by or
rented to you.
CG 20 26 11 85 Copyright, Insurance Service Office, Ina., 1984
7-'2-201 ltS2PM FROM 714 8966321
P.
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-HUNT I NGT.Oli BEACH -
KWItATON'. 09ACW CA.
-CALIFORNIA 92649
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Phone
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e City of Huntington Beach
2000 MAIN STREET CA LI FO R N1 A 92SU
DEPARTMENT OF PLANNING
536-5271
374-1540-
374-1648
NOTICE OF A CTI
October 26, 2000
Michael C. Adams
JT Development Co., LLC
15272 Bolsa Chica Road
Huntington Beach CA 92649
SLrBJECT: CONDITIONAL USE PERMIT NO. 00-15(R) (PLAZA ALMERIA VENDING
CARTS)
APPLICANT/
PROPERTY
OWNER: Michael C. Adams, JT Development Co., LLC, 15272 Botsa Chica. Road, Huntington
Beach CA 92649
REOUEST: To allow five (5) outdoor portable vending carts within the public right-of-way along
Main Street and one cart within the main gallery (lobby) at Plaza Almeria.
LOCATION: 301 Main Street (NJ block bounded by Main Street, Olive Avenue, Fifth Street, and
Orange Avenue)
DATE OF
ACTION- October 24, 2000
Your application was acted upon by the Planning Commission of the City of Huntington Beach on
October 24, 2000, and your request was conditionally approved. Attached to this letter are Findings and
modified Condifions of Approval.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by -the
Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal
the decision shall file a written notice of appeal to the City Clerk within ten calendar days of the date of
the Planning Commission's action. The notice of appeal shall include the name and address of the
appellant, the decision being appealed, and the grounds for the appeal; it shall also be accompanied by a
filing fee. The appeal fee is $1,490.00.
In your case, the last day for filing an appeal and pay the filing fee.is November 3, 2000.
If there are any further qUCSLIons, please contact Jane James, Associate 1-047er at (714) 536-5596.
Sincerely,
Howard Zelefsky, Secretary
PLANNING COMMISSION
By:
Herb Fauland, Senior . PlannerN
HF:JJ:rl
C" Jane James, Associate Planner
_Attachment:
Findings and Conditions of Approval
(OOCL 102400 2- 10/26/00
0- 0
FINDINGS AND CONDITIONS OF APPROVAL
CONDITIONAL USE PEWMIT NO. 00-15 (R
FINDINGS FOR PROJECTS EXEMPT FiZOM CEOA:
The Planning Commission finds that the project will not have any significant effect on the environment
and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to
Section 15301, Class I of the CEQA Guidelines, because maintenance and operation of an existing
structure is exempt from further review and no adverse environmental impacts are anticipated.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 00-15 (R):
I . Conditional Use Permit No. 00- 15 (R) for the establishment, maintenance and operation of five
outdoor and one indoor portable vending carts will not be detrimental to the general welfare of
persons working or residing in the vicinity or detrimental to the value of the property and
improvements in the neighborhood. Based upon the conditions imposed, adequate pedestrian passage
area will be provided. The project has been evaluated for compatibility with the surrounding
neighborhood. The portable vending carts wiH provide additional open air commercial amenities, are
designed on a pedestrian scale and character, will provide sufficient parking to serve the uses on site,
and will meet the goals and policies o f several - elements o f the General Plan.
2. The conditional use permit will be compatible with surrounding uses because the exterior is designed
with a Spanish Village/Mediterranean theme, which is compatible with the Downtown Design
Guidelines. With the conditions of approval imposed the portable vending carts will provide adequate
pedestrian passage areas and will enhance the pedestrian character and scale of the street scene
surrounding the project..
3. The five outdoor and one indoor portable vending carts will comply with the. provisions of the base
district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and
Subdivision Ordinance. In particular, the site plan depicts compliance with location, design, and
maximum size criteria.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent
vvith the Land Use Element designation of M-V-F6/25.-sp-pd (Mixed Use'Vertical-2.0 FAR/25
du/acre-Specific Plan Overlay -Pedestrian Overlay) on the subject property. In addition, it is
consistent with the following goals and policies of the General Plan:
(OOSR67) — 10124100 Attachment No. LI
0
A. Land Use Elemen
GoaILUI: Achieve development that maintains or improves the City's fiscal viabUity and reflects
economic demands while maintaffiing and improving the quality of life for the current and future
residents of Huntington Beach.
Obiective LU7. 1: Accommodate the development of a balance of land uses that (a) provides for the
housing, commercial, employment, educational, cultural, entertainment, and recreation needs of
existing and future residents, (b) provides employment opportunities for residents of the City and
surrounding sub -region, (c) captures visitor and tourist activity, and (d) provides open space and
aesthetic "refief' from urban developMent.
GoaILU11: Achieve the development of projects that enable residents to live inproxhility to their
jobs, commercial services, and entertainment, and reduce the need for automobile use.
B. Economic DevelopLnent Element
Obiective ED]. 1: Enhance the City's market potential in terms of retail, office, industrial, and visitor
servmg activity. This would allow Huntington Beach to provide for ret", office, and industrial
opportunities that serve the current and projected population and enhance sales and occupancy tax
revenue.
PolLcy ED3.2.2: Encourage mixed use (retaii/office/residential) structures in the downtown area and
at the visitor -serving nodes along Pacific Coast Highway.
Policy LU15.2.2. Require that structures located in the pedestrian overlay zone be sited and designed
to enhance pedestrian activity along the sidewalks in consideration of the guidelines noted in the
general plarL
The Plaza. Almeria mixed use project is located in the Downtown area of Huntington Beach. The
design of the building with its retail uses facing Main Street and OUve Avenue was originally
designed to encourage pedestrian activity from the pier and PCH to progress fitrther up Main Street.
A key component to expanding the pedestrian activity in a downtown beach community is the
provision of open air commercial activities and additional outdoor sidewalk uses. This request for
portable vending carts contributes to the project's effectiveness in meeting the goals and objectives of
the General Plan.
(OOSR67) — 10124/00 - Attachment No. 1. 2
0
CONDITIONS OF APPliOVAL: CONDITIONAL USE PkRMIT NO. 00-15 (RI:
1. The site plan and cart elevations received and dated September 13, 2000 shall be the conceptually
approved layout with the following modifications:
a. A price list (to determine proper size and location) for each portable vending cart business shall be
provided for review and approval by the Planning Director. (Code Requirement)
2. The use shall comply with the following:
a. A minimum eight foot wide separation shall be maintained between portable vending carts.
b. A minimum eight foot wide pedestrian corridor shaU be maintained between the portable vending
carts and other adjacent outdoor uses.
c. Each portable vending cart shall be compatible and complementary to the established building
colors of off-white, forest green, burgundy, and navy or cobalt blue (awnings and accent tiles).
d. During -hours of operation, the portable vending carts must remain in the locations specified on the
approved site plan. All vending carts shall be removed from the sidewalk area and stored within
the building or the parking structure when not in use. (Code Requirement)
e. The outdoor dining and cart operators shall not sell to or solicit from motorists.or persons in
vehicles. (Code Requirement)
E The sale of alcoholic beverages from vending carts shall be prohibited. (Code Requirement)
g. Portable vending carts may sell general merchandise, flowers, pre -packaged food items, any other
food items as permitted by the Orange County Health Care Agency. Portable vending carts may
also sell any other merchandise of a similar nature as the above mentioned items. -
IL The number of employees at a portable vending cart shall be lirrited to a maximum of two persons
at any one time. (Code Requirement)
i. Fire extinguishers may be required at the discretion of the Fie Department. (Code Requirement)
All portable vending carts shall be self contained for water, waste, and power to operate. There
shall be no overhead or exposed power/utility lines crossing the sidewalk. The applicant shall
obtain all electrical and/or encroachment permits if necessary to relocate or install new
underground conduit fines. (Code Requirement)
k. All portable vending cart operators shall dispose of business related waste in the designated refuse
receptacles provided within the Phaza Almeria parking structure. (Code Requirement)
1. Each portable vending cart operator shall obtain a Business License prior to operation. (Code
. Requirement)
(OOSR67) - 10124/00 . Attachment No. 1.3
0 0
m. An amended License Agreement, including use fees, shall be obtained from the City for portable
vending carts located on public property. The applicant shall apply for and obtain approval of the
license agreement from the Public Works Department prior to improvements or use of public
property. The License Agreement shall be subject to termination at any time upon a 10 day prior
written notice upon determination of the Planning Commission that orie or more of the conditions
or provisions of Section 4.2.33 or that one or more of the items listed under the Findings for
Approval in this document, have been violated. Termination of a License Agreement shall nullify
the conditional use permit.
n. The applicant shall provide an updated public liability insurance policy as specified in all current
insurance resolutions prior to installing improvements or using public property. Such liability
insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the
City of Huntington Beach as an additional insured and shall be maintained at all times.
o. All other conditions of approval of Conditional Use Permit. No. 90-39 (R) and Coastal
Development Permit No. 90-3 0 (R), which established 15,000 square feet of restaurant space at
this location, as well as Conditional Use Permit No. 00- 15, which aporoved a master plan for
restaurants, outdoor dining, and alcohol service, shall be adhered to.
3. The Planning Director ensures that all conditions of approval herein are complied with. The Planning
Director shall be notified in writing if any changes to the site plan, elevations and floor plans are
proposed as a result of the plan check process. Building pen -nits shall not be issued until the Planning
Director has reviewed and approved the proposed changes for conformance with the intent of the
Planning Commissions action and the' conditions herein. If the proposed changes are of a substantial
nature, an amendment to the origir* entitlement reviewed by the Planning Commission may be
required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 00-15 (R) shall not become effective until the ten calendar day appeal
period has elapsed.
2. Conditional Use Permit No. 00-15 (R) shall become null and void unless exercised within one year
of the date of final approval which is June 13, 2000 or such extension of time as may be granted by
the Director pursuant to a written request submitted to the Planning Department a minimum 30 days
prior to the expiration date.
3. The Planning Department shall conduct a review of the vending cart operation at the end of the first
six (6) month period of operation. At that time, if there has been a violation of the terms and
conditions of Section 230.94, HBZSO or Conditional Use Permit No. 00- 15 (R), a public hearing shall
be scheduled before. the Zoning Administrator for revocation pursuant to Section 241.16 and 249.06.
4. The development shall comply with all applicable provisions of the Municipal Code, Building
Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances,
and standards, except as noted herein.
(GOSR67) — 10/24/00 Attachment No. 1.4
0 0
5. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the Co= of
Qrange and subn�tted to the Planning Department within two (2) days of the Planning
Commission's action.
6. All landscaping shall be maintained in a neat and clean manner, and in conformance with the
HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of
Planning and Public Works for Code requirements. Substantial changes may require approval by the
Planning Commission.
7. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a
building permit shaH be obtained from the Planning Department.
8. An encroachment permit shall be required for all work within the right-of-way. (PW)
(OOSR67) — I Qi24/00 Attachment No. 1.5
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Planning
SUBJECT:
License Agreement By and Between the City of Huntington
Beach and JT Development Company, LLC for
Encroachment into the Public Right of Way
COUNCIL MEETING DATE:
I July 16, 2001
RCA ATTACHMENT S::.
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or o ther Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City A ttomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Attached
Financial Impabt Statement (Unbudget, over $5,000)
Not Applicable
Bonds (if applicable)
Not Applicable
Staff Report (if applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
T
-i:;iEXKf. 14A IORFOR MISSINGATTACHMENTS
REVIEWED.'i:.
RETURNEDi `!1
i FORWARPED
Administrative Staff
Assistant City Administrator (initial)
Administrator (initial)
L
-City
City Clerk
X-7,> Akv
...........
-T,�QWFORRETURN OFITEM'.
1123MAr MINIM- 10,