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2024-04-15 Agenda Packet
IN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on-demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb , or from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PRESENTATION MATERIAL: Due to updates to City Council venue, digital presentations or videos will no longer be displayed at City Council meetings as part of public comment. To present images or materials to the City Council, please bring nine paper copies to the City Council meeting. Paper copies will be distributed to City Council Members at the meeting and will be made part of the public record. Please be advised that the rules concerning decorum, including the prohibition on members of the audience and speakers wearing or displaying signs or materials that obstruct the view of other audience members, remain in effect at the Library location. Signs shall remain with the holder and shall not be placed in the adjacent seats or in common areas. PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non-agendized items including Study Session, Closed Session, and Public Hearing, may do so in person in the City Council Chambers by completing a Request to Speak form delivered to the City Clerk. Sign-ups to Request to Speak will begin in person 30 minutes prior to the start of Study Session, Closed Session, or Regular City Council Meeting, whichever comes first. Sign-ups will be accepted until the commencement of the public comment period. SUPPLEMENTAL COMMUNICATION: Members of the public unable to personally participate in the meeting but interested in communicating with the City Council on agenda-related items are encouraged to submit a written (supplemental) communication to the Council via email at SupplementalComm@Surfcity-hb.org . Supplemental Communications are public record, and if received by 9:00 AM on the day of the meeting, will be distributed to the City Council prior to consideration of agenda-related items, posted to the City website, and announced, but not read, at the meeting. Communications received after the 9:00 AM deadline will be incorporated into the administrative record. Members of the public are also welcome to communicate with the City Council (and staff supporting Council) at City.Council@surfcity-hb.org . MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 for more information. AGENDA City Council/Public Financing Authority Tuesday, April 15, 2025 5:00 PM - Closed Session 6:00 PM - Regular Meeting Central Library - Lower Level Theater 7111 Talbert Avenue Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL PAT BURNS, Mayor CASEY MCKEON, Mayor Pro Tem ANDREW GRUEL, Councilman DON KENNEDY, Councilman BUTCH TWINING, Councilman GRACEY VAN DER MARK, Council Woman CHAD WILLIAMS, Councilman STAFF TRAVIS HOPKINS, City Manager MIKE VIGLIOTTA, City Attorney LISA LANE BARNES, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA April 15, 2025City Council/Public Financing Authority 5:00 PM - CENTRAL LIBRARY LOWER LEVEL THEATER CALL TO ORDER ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session and/or Closed Session agendas. Individuals wishing to provide a comment on item(s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. RECESS TO CLOSED SESSION CLOSED SESSION 25-2921.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). 25-2932.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Management Employees' Organization (MEO). 25-2943.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Page 1 of 7 2 AGENDA April 15, 2025City Council/Public Financing Authority Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 25-2994.CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of matters: One (1). 25-3015.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Broderick (Karen Lee) v. City of Huntington Beach; OCSC Case No.: 30-2024-01418648. 25-3096.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Alianza Translatinx, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2025-01462835-CU-WM-CJC. 25-3107.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Protect HB v. City of Huntington Beach; OCSC Case No.: 30-2025-01470582-CU-WM-CX. 6:00 PM – CENTRAL LIBRARY LOWER LEVEL THEATER RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 25-3008.Huntington Beach Police Chaplain Bob Ewing PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT BY CITY ATTORNEY CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) Page 2 of 7 3 AGENDA April 15, 2025City Council/Public Financing Authority The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY CLERK'S REPORT Page 3 of 7 4 AGENDA April 15, 2025City Council/Public Financing Authority 25-2739.2025 Safe and Sane Fireworks Stand Lottery CITY MANAGER'S REPORT 25-16910.Department Services and Budget Overview CONSENT CALENDAR (Items 11 - 17) City Clerk 25-17411.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of April 1, 2025. Recommended Action: City Manager 25-28612.2025 City Council Liaison List - Citizen Boards, Commissions, and Committees As recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: Approve updates to the 2025 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Burns. (The City Clerk certifies that FPPC Form 806 “Agency Report of Public Official Appointments” which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City’s website according to law prior to this vote.) Recommended Action: 25-30713.Approve and Authorize Execution of Amendment No. 3 with Excalibur Well Services, Corp.; Approve Additional Funding and Appropriation of Funds for Well #3 of the Civic Center Oil Well Abandonment Project A) Authorize Mayor & City Clerk to execute , “Amendment 3 to Service Agreement Between the City of Huntington Beach and Excalibur Well Services, Corp. for Civic Center Well Abandonment” in an all-in amount not to exceed $1,150,000 for full project completion as outlined. B) Approve an appropriation and transfer of $1,150,000 in HB Recovery Funds to Oil Well Abandonment business unit 31465001.828000. Recommended Action: Community Development Page 4 of 7 5 AGENDA April 15, 2025City Council/Public Financing Authority 25-27714.Approve Zoning Text Amendment No. 25-001 (Smoke/Tobacco Shop Regulations) by Adopting Ordinance Nos. 4331, 4332, 4333, and 4334 - All Ordinances Approved for Introduction April 1, 2025 by a Vote of 7-0 A) Find Zoning Text Amendment No. 25-001 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density; and, B) Approve Zoning Text Amendment No. 25-001 with findings (Attachment No. 1) and approve for adoption: 1. Ordinance No. 4331, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 2) 2. Ordinance No. 4334, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 C Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 3) 3. Ordinance No. 4333, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 4) 4. Ordinance No. 4332, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 5) Recommended Action: 25-19515.Approve and Authorize Execution of a Lease Amendment with the State Lands Commission and an Agreement with the California Coastal Commission for the Development of a New Restaurant at 21 and 22 Main Street on the Huntington Beach Pier A) Approve and authorize the Mayor to execute the “Amendment of Lease 6616” with the State of California State Lands Commission, updating Exhibit C-3 (Sublease Endorsement). B) Approve and authorize the Mayor and City Clerk to execute the “Agreement Pursuant to Special Condition No. 10(B) of CDP 5-22-0804 Between the City of Huntington Beach and the California Coastal Commission.” Recommended Action: Community and Library Services 25-27016.Adopt Resolution No. 2025-31 amending Resolution No. 2024-31 of Page 5 of 7 6 AGENDA April 15, 2025City Council/Public Financing Authority the Citywide Master Fee and Charges Schedule relating to Community & Library Services facility rental rates and parking rates in the South Beach Attended Lots during permitted event days as selected by the Director of Community & Library Services Adopt Resolution No. 2025-31, “A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 2024-31 Which Updated the Citywide Master Fee and Charges Schedule” for increased facility rental rates and south beach parking rates during permitted special events. Recommended Action: Public Works 25-16017.Approve License Agreement and Landscape Maintenance Agreement for the G&M Oil Company Facility No. 70 Project at 19442 Beach Boulevard A) Approve and authorize the Mayor and City Clerk to execute the “License Agreement between the City of Huntington Beach and G&M GAPCO LLC, to Provide Installation and Maintenance of Landscaping and Hardscaping Improvements in the Public Right-of-Way” on State Route 39 (Beach Boulevard) for the G&M Convenience Store project (Attachment 2), and instruct the City Clerk to record the agreement with the Orange County recorder; and, B) Approve and authorize the Mayor and City Clerk to execute the Landscape Maintenance Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the G&M Convenience Store project (Attachment 3). Recommended Action: COUNCIL MEMBER ITEMS 25-31318.Develop Ad Hoc Committee to Evaluate Collaboration Between City and Support Groups/Organizations Develop an ad hoc committee of three Council Members to work with staff and the City Attorney to identify all the groups/individuals acting on behalf of or in conjunction with the City, then define the roles and responsibilities to create better lines of communication and coordination to maximize efficiency of city resources and determine whether a formal agreement is needed. The committee will return to the City Council within 6 months with recommendations. Recommended Action: 25-29519.Item Submitted by Mayor Burns and Mayor Pro Tem McKeon - Establishment of Collaborative Program with Charter Cities Page 6 of 7 7 AGENDA April 15, 2025City Council/Public Financing Authority Direct the City Manager to implement steps for the City of Huntington Beach to participate in a collaborative program with other charter cities. Recommended Action: CITY COUNCIL MEMBER REQUESTS ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, May 6, 2025, at the Central Library, 7111 Talbert Ave, Huntington Beach, California 92648. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 7 of 7 8 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-292 MEETING DATE:4/15/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). City of Huntington Beach Printed on 4/9/2025Page 1 of 1 powered by Legistar™ 9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-293 MEETING DATE:4/15/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Management Employees' Organization (MEO). City of Huntington Beach Printed on 4/9/2025Page 1 of 1 powered by Legistar™ 10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-294 MEETING DATE:4/15/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). City of Huntington Beach Printed on 4/9/2025Page 1 of 1 powered by Legistar™ 11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-299 MEETING DATE:4/15/2025 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of matters: One (1). City of Huntington Beach Printed on 4/9/2025Page 1 of 1 powered by Legistar™ 12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-301 MEETING DATE:4/15/2025 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Broderick (Karen Lee) v. City of Huntington Beach; OCSC Case No.: 30-2024-01418648. City of Huntington Beach Printed on 4/9/2025Page 1 of 1 powered by Legistar™ 13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-309 MEETING DATE:4/15/2025 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Alianza Translatinx, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2025-01462835-CU-WM-CJC. City of Huntington Beach Printed on 4/9/2025Page 1 of 1 powered by Legistar™ 14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-310 MEETING DATE:4/15/2025 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Protect HB v. City of Huntington Beach; OCSC Case No.: 30-2025- 01470582-CU-WM-CX. City of Huntington Beach Printed on 4/9/2025Page 1 of 1 powered by Legistar™ 15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-300 MEETING DATE:4/15/2025 Huntington Beach Police Chaplain Bob Ewing City of Huntington Beach Printed on 4/9/2025Page 1 of 1 powered by Legistar™ 16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-273 MEETING DATE:4/15/2025 2025 Safe and Sane Fireworks Stand Lottery City of Huntington Beach Printed on 4/9/2025Page 1 of 1 powered by Legistar™ 17 2025 Fireworks For A Cause: Let The Lottery Begin! 18 Public High School Winners •Edison High School •Winners •Girls Volleyball Booster Club •Baseball Boosters •Alternates •Ice Hockey Club •Girls Lacrosse Boosters •Boys Volleyball Booster Club 19 Public High School Winners •Huntington Beach High School •Winners •HBHS Baseball Boosters Club, Inc. •HBHS Wrestling Booster Club •Alternates •TBD 20 Public High School Winners •Marina High School •Winners •Aquatics: Swim, Dive, Boys & Girls Water Polo •Alternates •Girls Beach Volleyball Booster Club •Boys Volleyball Booster Club 21 Public High School Winners •Ocean View High School •Winners •Boys Basketball Boosters •Boys Water polo •Alternates •Football Boosters 22 Private High School Winner Liberty Christian High School 23 Nicole Vogt Miss Huntington Beach 2025 24 City Partnerships Lottery per Resolution No. 2024-08 On March 19, 2024, the City Council adopted Resolution No. 2024-08 to allow for one additional Safe and Sane Fireworks booth permit to be exclusively issued to a City-related organization or foundation, which is defined as a charitable organization that has been established as a result of a partnership with a specific City department and has the primary purpose of financially supporting city services and operations. This year's permit goes to: Huntington Beach Council on Aging 25 Civic Organizations In the Civic Organizations Category •15 applications were received and approved for tonight’s Lottery •5 Winners and up to 3 Alternates will be drawn 26 Civic Organizations 1.Knights of Columbus 2.American Legion 3.Huntington Beach Elks Lodge 4.Orange County Children’s Theater (OCCT) 5.Therapeutic Riding Center of Huntington Beach 6.Orange Coast Gakuen Inc. 7.Monarch Preschool 8.McKenna Claire Foundation 9.Apostolic Assembly of Faith In Christ Jesus 10.Crosspoint Church 11.Shore Life Church 12.Compass Bible Church 13.Resurrection Lutheran Church 14.Refuge Calvary Chapel Huntington Beach 15.Patriots and Paws 27 In the Youth Sports Category •9 applications were received and approved for tonight’s Lottery •5 Winners and up to 3 alternates will be drawn Youth Sports 28 Youth Sports 1.NHB Futbol Club Inc. 2.Huntington Valley Little League 3.Seaview Little League 4.Golden West Swim Club 5.North Orange County Youth Sports Association 6.HB Chargers Youth Football and Cheer 7.Vanguard Aquatics 8.Team 90 Inc., dba California Rush 9.Beach Elite 29 Good Luck! All lottery winners will receive permit information/instructions from Fire Department representatives via email. 30 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-169 MEETING DATE:4/15/2025 Subject: Department Services and Budget Overview City of Huntington Beach Printed on 4/9/2025Page 1 of 1 powered by Legistar™ 31 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-174 MEETING DATE:4/15/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Lisa Lane Barnes, City Clerk PREPARED BY:Lisa Lane Barnes, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of April 1, 2025, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of April 1, 2025. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None Environmental Status: Non-Applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. April 1, 2025 CC/PFA regular meeting minutes City of Huntington Beach Printed on 4/9/2025Page 1 of 1 powered by Legistar™ 32 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, April 1, 2025 4:00 PM — Council Chambers 6:00 PM — Council Chambers Central Library, Lower–Level Theater 7111 Talbert Avenue Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at https://huntingtonbeach.legistar.com/Calendar.aspx 4:00 PM — CENTRAL LIBRARY, LOWER–LEVEL THEATER CALLED TO ORDER — 4:01 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION (3-Minute Time Limit) — None City Attorney Mike Vigliotta read titles for Closed Session Item #1 25-250 regarding Conference with Labor Negotiators and Employee Organization: Huntington Beach Municipal Teamsters (HBMT); Item #2 25-251 regarding Conference with Labor Negotiators and Employee Organization: Management Employees' Organization (MEO); Item #3 25-252 regarding Conference with Labor Negotiators and Employee Organization: Marine Safety Management Association (MSMA); and Item #4 25-253 regarding Conference with Labor Negotiators and Employee Organization: Surf City Lifeguard Employees' Association (SCLEA). A motion was made by McKeon, with a second by Van Der Mark, to recess to Closed Session. RECESSED TO CLOSED SESSION — 4:03 PM CLOSED SESSION 1. 25-250 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). 2. 25-251 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Management Employees’ Organization (MEO). 33 Council/PFA Regular Meeting Minutes April 1, 2025 Page 2 of 9 3. 25-252 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 4. 25-253 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Employees’ Association (SCLEA). 5. 25-258 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of matters: One (1). 6. 25-246 THREAT TO PUBLIC SERVICES OR FACILITIES (Gov. Code section 54957(a).) Consultation with Chief of Police, Huntington Beach Police Department. 6:00 PM — CENTRAL LIBRARY, LOWER—LEVEL THEATER RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams Absent: None INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 7. 25-257 Huntington Beach Fire and Police Chaplain Roger Wing PLEDGE OF ALLEGIANCE — Led by Councilmember Gruel CLOSED SESSION REPORT BY CITY ATTORNEY — None CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) Councilmember Williams announced that in an abundance of caution, in regard to concerns expressed about the financial solvency of Cavalia, the Symphony of Flowers parent company, he supports the City renegotiating the contract to include a performance bond to ensure there is no financial risk to Huntington Beach. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barnes announced supplemental communications received by her office following distribution of the Council Agenda packet which were all 34 Council/PFA Regular Meeting Minutes April 1, 2025 Page 3 of 9 uploaded to the City's website and Councilmember iPads: Item #7 (1 email communication); Consent Calendar NEW Item 25-266 (1 email communication); and Item #14 (1 email communication). PUBLIC COMMENTS (2-Minute Time Limit due to volume of speakers) — 13 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at https://huntingtonbeach.legistar.com/Calendar.aspx. Antoinette Del Peral commented on her belief that Huntington Beach did not acknowledge Veterans Day on November 11, 2024, and her experience regarding a parking ticket she received on that day. Mayor Pro Tem McKeon asked her to complete a blue card. (00:14:30) Russ Neal commented on City Council Invocations. (00:16:53) Dean Ryan commented on the incredible Central Library. (00:18:12) Amory Hanson commented on Councilmember Items #16 regarding a Milestone Payment Policy. (00:20:35) Unnamed Speaker commented on Consent Calendar New Item (25-266) regarding Civic Center Oil Well Abandonment Funding Request, Councilmember Items #16 regarding a Milestone Payment Policy, and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:21:12) Christopher Rini commented on financial concerns of Cavalia, the Symphony of Flowers parent company, and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:23:13) Bryan Schauer, a business owner and resident, commented on the conflicting and frustrating processes he has dealt with over the last year regarding Huntington Beach parking citations. (00:24:29) Charlie Jackson commented on the fact there is no plaque at Carr Park to honor hero Chris Carr and suggested this City Council remedy that situation. Mayor Burns responded a plaque is included in Carr Park remediation plans. (00:26:44) Tim Geddes commented on the reduced time for public speakers, and various recent Councilmember actions. (00:27:50) Unnamed Speaker commented on the importance of safeguarding America's freedoms and values. (00:30:03) Larry Slonim, speaking on behalf of Larry McGlaughlin, commented on City oil well ownership and asked Councilmembers to do their due diligence before approving any funding. (00:32:10) Ken Inouye commented on the lack of funds for proper infrastructure maintenance and adequate public safety. (00:33:33) Adrian Maldonado commented on the need to make Huntington Beach more walkable. (00:34:49) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Mayor Burns announced his appointment of Councilmember Gruel to the Historic Resources Board, Personnel Commission, Huntington Beach Council on Aging, Huntington Beach Chamber of Commerce Governmental Affairs Committee; Councilmember Twining appointed to Intergovernmental Relations 35 Council/PFA Regular Meeting Minutes April 1, 2025 Page 4 of 9 Committee and Association of California Cities – Orange County; Mayor Pro Tem McKeon appointed to Downtown and Beachfront Ad Hoc Committee; and Councilmember Williams to Specific Events. Councilmember Kennedy announced his appointment of Ann Palmer to the Planning Commission; Councilmember Gruel appointed Ryan Bloom to the Planning Commission, Tisha Husseini to the Community and Library Services Commission, David Ciceron to the Finance Commission; and Councilmember Williams appointed Pano Frousiakis to the CIAB/Public Works Commission. AB 1234 REPORTING Councilmember Twining reported attending the Orange County Council of Governments (OCCOG) 2025 Annual Conference. OPENNESS IN NEGOTIATION DISCLOSURES Mayor Burns and Councilmembers Kennedy and Williams reported meeting with Huntington Beach Municipal Teamster (HBMT) representatives. CITY MANAGER’S REPORT City Manager Travis Hopkins pulled Consent Calendar Item NEW (25-266) from consideration at this meeting to be brought back at a future meeting. 8. 25-168 Department Services and Budget Overview Mayor Pro Tem McKeon announced that many people are suggesting that every department be cut by ten percent (10%) and he noted that could be one option, however, in order to be transparent with the community and report at the granular level, Council is asking for budget presentations by every Department Head. This allows for full disclosure on the services provided and presentation of department-by-department budget considerations and pursuit of revenue generating opportunities. City Manager Travis Hopkins introduced Chau Vu, Public Works Director, who presented a PowerPoint communication titled Public Works Department, with slides entitled, Public Works Department Budget, Public Works General Fund Budget, Public Works Revenue All Funds Total -$112,824,269, Organization Chart, Public Works Department Divisions & Services, Operations & Performance Data – FY 24/25 (2), and Questions? Mayor Pro Tem McKeon and Director Chau discussed options to reduce expenditures such as shifting back some street repaving, consideration of out-sourcing selected services, tightening up expenses on contracts, and evaluating the General Fund percentage which is evaluated by the Finance Department on a five-year rolling average. Director Chau noted that Public Works currently receives $9M in grants and an additional $4M is coming in. Councilmember Kennedy & Director Chau discussed additional details related to Public Works consolidating departments and how that affected the total head count, incremental budget increases over the last five years, using a mix of internal staff and outside consultants for grant writing, and reviewed the process for contracts which includes review by the City Attorney's Office. City Manager Travis Hopkins introduced Ashley Wysocki, Director of Community & Library Services, who presented a PowerPoint communication titled Community & Library Services Department, with slides 36 Council/PFA Regular Meeting Minutes April 1, 2025 Page 5 of 9 entitled: Community & Library Services Department Budget, Organizational Chart, Divisions & Services (2), Operations & Performance Data, Future Operation Considerations, and Questions? Mayor Pro Tem McKeon and Director Wysocki discussed the fact that Community and Library Services has the potential for the greatest revenue generation as well as greatest reduction in expenses and reviewed some of the "One Stop Shop" processes being considered to maximize use of City resources, as well as incorporating access to local business and hotel resources. There was discussion on the technology upgrades at Central Library which makes it feasible to host more events. Plans are also in the works to expand the use of Dog Beach and other City Beach areas to potentially increase revenues. Further discussion covered potential changes to reduce expenses in the Community and Library Services department. Councilmember Kennedy and Director Wysocki discussed the cost of the annual beach parking permit and whether to consider "seasonal" permits at a lower cost; developing a "fellowship" program to assist with summer camp expenses; and increasing summer youth activity options. Councilmember Twining and Director Wysocki noted grant applications are completed by very capable staff as there is no dedicated grant writer position. CONSENT CALENDAR (Items 9 - 14) City Clerk 9. 25-173 Approved and Adopted Minutes A motion was made by Van Der Mark, second Burns to approve and adopt the City Council/Public Financing Authority regular meeting minutes of March 18, 2025. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Community Development 10. 25-225 Adopted Resolution No. 2025-19 declaring weeds and rubbish a public nuisance and scheduled a Public Hearing on May 6, 2025, at 6:00 p.m. to hear protests and objections to the abatement A motion was made by Van Der Mark, second Burns to adopt Resolution No. 2025-19, "A Resolution of the City Council of the City of Huntington Beach Finding and Declaring That Certain Weeds Growing in the City, and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Police 37 Council/PFA Regular Meeting Minutes April 1, 2025 Page 6 of 9 11. 25-161 Approved and Accepted the California Office of Emergency Services (Cal OES) Violence Against Women Act, Law Enforcement Specialized Units Grant (LE24026601) and approved a three-year contract with Waymakers for management of the Victim and Witness Assistance Services Program A motion was made by Van Der Mark, second Burns to accept the Law Enforcement Specialized Units grant between the State of California Governor's Office of Emergency Services (Cal OES) and the City of Huntington Beach in the amount of $203,142; assign authority to the Chief of Police as the official to execute and sign for the award and to approve appropriations, amendments, and extensions; approve the appropriation and expenditure of $270,856 of which $203,142 is to be fully reimbursed by the grant from Cal OES. The remaining $67,714 will be funded from appropriations in the Police Department's budget; and, authorize the Mayor and City Clerk to execute an Agreement between the City of Huntington Beach and Waymakers for Victim and Witness Assistance Services Program in the amount of $116,031. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 12. 25-162 Approved corrected contract for street sweeping enforcement with Universal Protection Services, LP, DBA Allied Universal Security Services Councilmember Kennedy noted a typo in Year 3 between the written and numeral amounts ($480,208 vs $438,208). A motion was made by Van Der Mark, second Burns to approve and authorize the Mayor and City Clerk to execute the "Service Agreement Between the City of Huntington Beach and Universal Protection Services, LP OBA Allied Universal Security for Street Sweeping Enforcement Services" in an amount not to exceed $1,392,752.79 over a three-year term, as corrected. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Public Works 13. 25-218 Approved and authorized execution of a Reinstatement and Third Amendment to Site Access Agreement Between the City and Chevron Environmental Management Company to conduct environmental work at APN: 159-031-16. A motion was made by Van Der Mark, second Burns to approve and authorize the Mayor and City Clerk to execute the Reinstatement and Third Amendment to Site Access Agreement between the City of Huntington Beach and Chevron Environmental Management Company (EMC). The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 38 Council/PFA Regular Meeting Minutes April 1, 2025 Page 7 of 9 NEW #25-266 PULLED FROM CONSIDERATION to be brought back on a later date. Civic Center Oil Well Abandonment Funding Request City Treasurer 14. 25-207 Approved and authorized execution of a contract with Data Ticket, Inc., for the provision of Parking and Administrative Citation processing and Parking Permit Services A motion was made by Van Der Mark, second Burns to approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and Data Ticket, Inc. For Citation Processing and Parking Permit Solution Services" in an amount not to exceed $1,950,000 for a 3-year term with two additional one-year extensions; and authorize the City Manager to execute all documents in furtherance of this Agreement. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None PUBLIC HEARING 15. 25-242 Approved Zoning Text Amendment No. 25-001 (Smoke/Tobacco Shop Regulations) by approving for the introduction of Ordinance Nos. 4331, 4332, 4333, and 4334 (continued open from the March 18, 2025, City Council Meeting) Mayor Burns announced this Public Hearing was continued open from March 18, 2025, and Councilmembers had no ex parte communications to report. Joanna Cortez, Principal Planner, presented a PowerPoint communication titled ZONING TEXT AMENDMENT NO. 25-001, with slides entitled: REQUEST, PURPOSE & BACKGROUND, SMOKE/TOBACCO SHOPS (3), RECOMMENDATION, and Questions? Mayor Pro Tem McKeon stated this effort is to address resident concerns about the proliferation of tobacco shops especially near Edison High School, increasing the footage to 700 feet (from 500 feet, parcel line to parcel line) as the distance required between smoke shops, and clarified this does not affect grocery or pharmacy stores which may sell tobacco products. City Clerk Lisa Lane Barnes announced individuals signed up to speak. Public Hearing — 1 Speaker The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at https://huntingtonbeach.legistar.com/Calendar.aspx. Amory Hanson stated his support for Item 15 to approve Zoning Text Amendment No. 25-001 regarding Smoke/Tobacco Shop regulations as it will reduce accessibility for the younger audience and might help deter another generation of smokers in Huntington Beach. (01:34:27) There being no more public speakers present, Mayor Burns closed the public hearing. 39 Council/PFA Regular Meeting Minutes April 1, 2025 Page 8 of 9 A motion was made by McKeon, second Van Der Mark to find Zoning Text Amendment No. 25-001 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density; and, approve Zoning Text Amendment No. 25-001 with findings (Attachment No. 1) and, after City Clerk reads by title, approve for introduction: 1. Ordinance No. 4331, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 2) 2. Ordinance No. 4334, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 C Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 3) 3. Ordinance No. 4333, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 4) 4. Ordinance No. 4332, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 5) The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None COUNCIL MEMBER ITEMS 16. 25-248 Approved Item Submitted by Mayor Pro Tem McKeon and Mayor Burns — Contracts – Milestone Payment Policy Mayor Pro Tem McKeon introduced this item and described Council's efforts to actively include the private sector in City projects. He noted that outside of Public Works there are currently protocol gaps for some contracts. This Councilmember Item will ensure a consistent milestone policy to define payments at pre-defined stages of project completion after approval as specified in the project agreement/contract. This will also assist the City’s cashflow. A motion was made by McKeon, second Burns to direct staff to create a milestone payment policy. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None CITY COUNCIL MEMBER REQUESTS — None ADJOURNMENT — At 7:35 PM a motion was made by Burns, with a second by Van Der Mark, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, April 15, 2025, at Central Library, 7111 Talbert Ave, Huntington Beach, California 92648. 40 Council/PFA Regular Meeting Minutes April 1, 2025 Page 9 of 9 INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 41 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-286 MEETING DATE:4/15/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager PREPARED BY:Shannon Levin, Council Policy Analyst Subject: 2025 City Council Liaison List - Citizen Boards, Commissions, and Committees Statement of Issue: The City Council is being asked to approve updates to Mayor Burns’ appointments to citizen boards, commissions, committees, and task forces for calendar year 2025. Financial Impact: Not applicable Recommended Action: As recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: Approve updates to the 2025 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Burns. (The City Clerk certifies that FPPC Form 806 “Agency Report of Public Official Appointments” which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City’s website according to law prior to this vote.) Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: Not applicable. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. City of Huntington Beach Printed on 4/9/2025Page 1 of 2 powered by Legistar™ 42 File #:25-286 MEETING DATE:4/15/2025 Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. 2025 City Council Liaison List - April 2025 Redline 2. 2025 City Council Liaison List - Updated April 2025 City of Huntington Beach Printed on 4/9/2025Page 2 of 2 powered by Legistar™ 43 2025 Council Liaison List Adopted December 2024Updated April 15, 2025 Page 1 of 6 CITIZEN BOARDS, COMMISSIONS AND COMMITTEES (Appointed by City Council to Four-Year Terms) Citizen-led Legislative Bodies Council Liaisons Meeting Date/Place Staffing Department City Celebration Committee No Term Limits McKeon, Twining And 7-9 Mayoral Appointments Twice per Year City Manager’s Office Design Review Board Kennedy, Twining 2nd Thursday, monthly, 3:30 PM Civic Center, Lower Level, B-8 Community Development Harbor Commission Burns, Van Der Mark 4th Thursday, monthly, 5:00 PM Civic Center, Lower Level B-8 Fire Historic Resources Board Twining, Williams Gruel 3rd Wednesday monthly, 5:00 PM Civic Center, Lower Level B-7 Community & Library Services Personnel Commission1 Kennedy Gruel, Van Der Mark 3rd Wednesday Quarterly, 5:30 PM (January, April, July, October) Civic Center, Lower Level B-8 Human Resources Independence Day Board McKeon, Van Der Mark 1st Wednesday, monthly, 6:00 PM Civic Center, Lower Level B-8 Community & Library Services Citizen Infrastructure Advisory Board / Public Works Commission Individual Appointments 3rd Wednesday, monthly, 5:00 PM Utilities Yard, 19021 Huntington St Public Works Citizen Participation Advisory Board Individual Appointments 1st Thursday, monthly from Jan.- June and as needed, 6:00 PM Civic Center, Lower Level B-8 Community Development Community & Library Services Commission Individual Appointments 2nd Wednesday, monthly, 6:00 PM Civic Center Council Chambers Community & Library Services Finance Commission Individual Appointments 4th Wednesday, monthly, 5:00 PM Civic Center, Council Chambers Finance Investment Advisory Board Individual Appointments 3rd Thursday Quarterly (Jan., April, July, Oct.), 6:00 PM Civic Center, B7/B8 City Treasurer 44 CITY OF -HUNTINGTON __ _ --- BEACH 2025 Council Liaison List Adopted December 2024Updated April 15, 2025 Page 2 of 6 Planning Commission Individual Appointments 2nd & 4th Tuesday, monthly, 6:00 PM Civic Center, Council Chambers Community Development Sunset Beach Local Coastal Program Review Board2 N/A 2nd Tuesday, monthly, 7:30 PM Nobles Family Community Center Community Development Supplemental Employee Retirement Plan and Trust Board3 City Manager, Director of Finance/CFO, and City Treasurer Quarterly or as needed City Treasurer Zoning Administrator3 Senior-level or higher City staff planner appointed by Director of Community Development 1st and 3rd Wednesday, monthly, 1:30PM Community Development COUNCIL COMMITTEES (STANDING) (Created by City Council Action, consisting of three Council members; subject to the Brown Act) Council Committees Committee Members Meeting Date/Place Staffing Department Communications Committee Burns, McKeon, Van Der Mark 4th Tuesday, monthly, 3:30 PM, Civic Center, 4th Floor, CR #2 City Manager’s Office Economic Development Committee (EDC) Burns, McKeon, Van Der Mark 2nd Wednesday, every other month, 3:30 PM Civic Center, Lower Level B-8 Community Development Intergovernmental Relations Committee (IRC) Burns, Strickland Twining, Van Der Mark 3rd Wednesday, monthly, 4:00 PM Civic Center, 4th Floor, CR #2 City Manager’s Office Southeast Area Committee McKeon, Kennedy, Twining 4th Wednesday, every other month January - November, 4:30 PM Civic Center, Lower Level Room B-8 City Manager’s Office Sunset Beach Area Committee Burns, Van Der Mark, Williams As needed. Civic Center, Lower Level Room B-8 Community Development Specific Events Executive Committee Burns, Strickland, Van Der Mark, Williams As needed. Civic Center, 4th Floor, CR #2 Community & Library Services 45 2025 Council Liaison List Adopted December 2024Updated April 15, 2025 Page 3 of 6 COUNCIL COMMITTEES (AD-HOC) (Created by City Council Action; not subject to the Brown Act) Council Committee Committee Members Meeting Date/Place Staffing Department Downtown and Beach Front Ad hoc Council Committee StricklandMcKeon, Van Der Mark As needed. Community Development OTHER CITY AND CITIZEN COMMITTEES (Community/Stakeholders Meetings w/ Roundtable format hosted by the City; not subject to the Brown Act) Citizen Group Council Liaisons Meeting Date/Place Staffing Department Homeless Task Force McKeon, Van Der Mark, Williams 3rd Wednesday, monthly, 3:00 PM Civic Center, Lower Level B-7 Police Department Huntington Central Park Collaborative Twining, Williams Last Tuesday, monthly, 4:30-6:40 PM Civic Center, Lower Level B-8 Community & Library Services Oak View Community Meetings Burns, Kennedy, Van Der Mark As needed. Oak View Elementary School Community & Library Services School District / City Burns, Van Der Mark 3rd Monday, quarterly, 3:30 PM Civic Center, Lower Level B-8 City Manager’s Office 46 I .______I---'--------------'------______,______ __ 2025 Council Liaison List Adopted December 2024Updated April 15, 2025 Page 4 of 6 COMMUNITY GROUPS/ INDEPENDENT CITY-AFFILIATED BOARDS (Community groups both local and regional requiring participation by one or two Council Members; Citizen Members are not appo intees) Citizen Group Council Liaisons Meeting Date/Place Staffing Department Huntington Beach Council on Aging Gruel, Twining, Williams 1st Thursday, monthly, 9:00 AM Senior Center (EMG, Room 1) Community & Library Services Huntington Beach Downtown Business Improvement District (Downtown BID) 4 Burns, Van Der Mark 2nd Thursday, monthly, 9:00 AM Huntington Beach Art Center Community Development Neighborhood Watch Burns, Williams 2nd Tuesday, monthly, 6:00 PM (No meetings July, August, December) Police Dept, 1st Floor Conf. Room Police Department Sister City Association Kennedy, Twining 2nd Wednesday, monthly, 6:00 PM Central Library (Room TBA) Community & Library Services West O.C. Water Board (WOCWB) $100 per quarterly meeting4 Burns, Van Der Mark (McKeon, Alternate) 3rd Wednesday, quarterly, 4:00 PM (January - October) Utilities Operations Building 19001 Huntington St. Public Works APPOINTMENTS BY STATE & REGIONAL AGENCIES (For informational purposes) Name of Agency/Committee Appointments City Selection Committee Burns (Van Der Mark, Alternate) Orange County Housing Finance Trust Van Der Mark, through November 2026 OC San Appointment to SARFPA Burns 47 2025 Council Liaison List Adopted December 2024Updated April 15, 2025 Page 5 of 6 COMMUNITY & REGIONAL AGENCIES AND COMMITTEES (Appointed by Mayor) Name of Agency/Committee Appointee Meeting Date/ Place Association of California Cities – Orange County (ACCOC) Burns As needed California Coastal Coalition (CalCoast) Board Burns, Van Der Mark 2-3 meetings/year, location varies Huntington Beach Chamber of Commerce Government Affairs Committee StricklandGruel, Twining Quarterly, meeting time varies. Golden West College 15744 Golden West St. Admin Bldg. 4-Room137 O.C. Council of Governments (OCCOG) Twining (Burns Alternate) 4th Thursday Monthly, 10:30 AM Irvine Civic Center, City Council Chambers 1 Civic Center Plaza, Irvine Orange County Mosquito and Vector Control District $100 monthly. Term: Two (2) years Van Der Mark (term expires January 2027) 3rd Thursday, monthly, 3:00 PM OC MVC District Headquarters 13001 Garden Grove Blvd., Garden Grove, CA O.C. Sanitation District Board of Directors (Plus Committee assigned by Chair) $315.00 per meeting plus mileage Burns (Van Der Mark Alternate) 4th Wednesday, monthly, 6:00 PM Zoom / OCSD Administrative Office 10844 Ellis Ave., Fountain Valley, CA Santa Ana River Flood Protection Agency (SARFPA) Van Der Mark Executive Committee Meetings: 4th Thurs, 4:00 PM January, March, May, July, September Full Agency Meetings: June, November Zoom Southern California Association of Governments (SCAG) Regional Council District 64 Delegate Term1 $120 per meeting Twining (SCAG appointment is also on OCCOG) 1st Thursday, monthly, 9:00 AM – 2:00 PM Virtual Meeting / SCAG Office, Downtown L.A. Visit Huntington Beach Advocacy Committee Van Der Mark (McKeon Alternate) Monthly, usually Tuesday at 3:30 PM may vary. VHB Office / Zoom 155 Fifth Street, Suite 111, Huntington Beach 1 2-year term 2 The primary structure of the Sunset Beach Local Coastal Program Review Board remains the same after the annexation. The Board is comprised of seven members initially appointed by the OC Board of Supervisors and subsequent members elected by the Review Board itself. 3 Staff only; Council Liaisons not assigned. 4 Brown Act Applicable 48 2025 Council Liaison List Adopted December 2025 Page 6 of 6 Huntington Beach Housing Authority Public Financing Authority Chairperson: Mayor Pat Burns Chairperson: Mayor Pat Burns Vice Chairperson: Mayor Pro Tem Casey McKeon Vice Chairperson: Mayor Pro Tem Casey McKeon Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Tony Strickland, Gracey Van Der Mark, Chad Williams Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Tony Strickland, Gracey Van Der Mark, Chad Williams Executive Officer: Travis Hopkins, Acting City Manager Executive Officer: Travis Hopkins, Acting City Manager Authority Treasurer: Alisa Backstrom Authority Treasurer: Alisa Backstrom Authority Clerk: Lisa Lane Barnes Authority Clerk: Lisa Lane Barnes Authority Attorney: Michael E. GatesMike Vigliotta Authority Attorney: Michael E. GatesMike Vigliotta Parking Authority Successor Agency to the Former Redevelopment Agency of the City of Huntington Beach Chairperson: Mayor Pat Burns Chairperson: Mayor Pat Burns Vice Chairperson: Mayor Pro Tem Casey McKeon Vice Chairperson: Mayor Pro Tem Casey McKeon Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Tony Strickland, Gracey Van Der Mark, Chad Williams Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Tony Strickland, Gracey Van Der Mark, Chad Williams Executive Officer: Travis Hopkins, Acting City Manager Executive Officer: Travis Hopkins, Acting City Manager Authority Treasurer: Alisa Backstrom Agency Treasurer: Alisa Backstrom Authority Clerk: Lisa Lane Barnes Agency Clerk: Lisa Lane Barnes Authority Attorney: Michael E. GatesMike Vigliotta Agency Attorney: Michael E. GatesMike Vigliotta NOTE: The Oversight Board had a 4-year term designated by California State Governor Jerry Brown that expired in 2016. The duties have since been transferred to the County of Orange who will oversee the Redevelopment projects/obligations until termination. Please refer to the Orange Countywide Oversight Board (OCOB). Auditor Controller’s Office website for detailed information at https://ocauditor.com/ob/. 49 2025 Council Liaison List Updated April 15, 2025 Page 1 of 6 CITIZEN BOARDS, COMMISSIONS AND COMMITTEES (Appointed by City Council to Four-Year Terms) Citizen-led Legislative Bodies Council Liaisons Meeting Date/Place Staffing Department City Celebration Committee No Term Limits McKeon, Twining And 7-9 Mayoral Appointments Twice per Year City Manager’s Office Design Review Board Kennedy, Twining 2nd Thursday, monthly, 3:30 PM Civic Center, Lower Level, B-8 Community Development Harbor Commission Burns, Van Der Mark 4th Thursday, monthly, 5:00 PM Civic Center, Lower Level B-8 Fire Historic Resources Board Twining, Gruel 3rd Wednesday monthly, 5:00 PM Civic Center, Lower Level B-7 Community & Library Services Personnel Commission1 Gruel, Van Der Mark 3rd Wednesday Quarterly, 5:30 PM (January, April, July, October) Civic Center, Lower Level B-8 Human Resources Independence Day Board McKeon, Van Der Mark 1st Wednesday, monthly, 6:00 PM Civic Center, Lower Level B-8 Community & Library Services Citizen Infrastructure Advisory Board / Public Works Commission Individual Appointments 3rd Wednesday, monthly, 5:00 PM Utilities Yard, 19021 Huntington St Public Works Citizen Participation Advisory Board Individual Appointments 1st Thursday, monthly from Jan.- June and as needed, 6:00 PM Civic Center, Lower Level B-8 Community Development Community & Library Services Commission Individual Appointments 2nd Wednesday, monthly, 6:00 PM Civic Center Council Chambers Community & Library Services Finance Commission Individual Appointments 4th Wednesday, monthly, 5:00 PM Civic Center, Council Chambers Finance Investment Advisory Board Individual Appointments 3rd Thursday Quarterly (Jan., April, July, Oct.), 6:00 PM Civic Center, B7/B8 City Treasurer 50 CITY OF -HUNTINGTON BEACH 2025 Council Liaison List Updated April 15, 2025 Page 2 of 6 Planning Commission Individual Appointments 2nd & 4th Tuesday, monthly, 6:00 PM Civic Center, Council Chambers Community Development Sunset Beach Local Coastal Program Review Board2 N/A 2nd Tuesday, monthly, 7:30 PM Nobles Family Community Center Community Development Supplemental Employee Retirement Plan and Trust Board3 City Manager, Director of Finance/CFO, and City Treasurer Quarterly or as needed City Treasurer Zoning Administrator3 Senior-level or higher City staff planner appointed by Director of Community Development 1st and 3rd Wednesday, monthly, 1:30PM Community Development COUNCIL COMMITTEES (STANDING) (Created by City Council Action, consisting of three Council members; subject to the Brown Act) Council Committees Committee Members Meeting Date/Place Staffing Department Communications Committee Burns, McKeon, Van Der Mark 4th Tuesday, monthly, 3:30 PM, Civic Center, 4th Floor, CR #2 City Manager’s Office Economic Development Committee (EDC) Burns, McKeon, Van Der Mark 2nd Wednesday, every other month, 3:30 PM Civic Center, Lower Level B-8 Community Development Intergovernmental Relations Committee (IRC) Burns, Twining, Van Der Mark 3rd Wednesday, monthly, 4:00 PM Civic Center, 4th Floor, CR #2 City Manager’s Office Southeast Area Committee McKeon, Kennedy, Twining 4th Wednesday, every other month January - November, 4:30 PM Civic Center, Lower Level Room B-8 City Manager’s Office Sunset Beach Area Committee Burns, Van Der Mark, Williams As needed. Civic Center, Lower Level Room B-8 Community Development Specific Events Executive Committee Burns, , Van Der Mark, Williams As needed. Civic Center, 4th Floor, CR #2 Community & Library Services 51 2025 Council Liaison List Updated April 15, 2025 Page 3 of 6 COUNCIL COMMITTEES (AD-HOC) (Created by City Council Action; not subject to the Brown Act) Council Committee Committee Members Meeting Date/Place Staffing Department Downtown and Beach Front Ad hoc Council Committee McKeon, Van Der Mark As needed. Community Development OTHER CITY AND CITIZEN COMMITTEES (Community/Stakeholders Meetings w/ Roundtable format hosted by the City; not subject to the Brown Act) Citizen Group Council Liaisons Meeting Date/Place Staffing Department Homeless Task Force McKeon, Van Der Mark, Williams 3rd Wednesday, monthly, 3:00 PM Civic Center, Lower Level B-7 Police Department Huntington Central Park Collaborative Twining, Williams Last Tuesday, monthly, 4:30-6:40 PM Civic Center, Lower Level B-8 Community & Library Services Oak View Community Meetings Burns, Kennedy, Van Der Mark As needed. Oak View Elementary School Community & Library Services School District / City Burns, Van Der Mark 3rd Monday, quarterly, 3:30 PM Civic Center, Lower Level B-8 City Manager’s Office 52 2025 Council Liaison List Updated April 15, 2025 Page 4 of 6 COMMUNITY GROUPS/ INDEPENDENT CITY-AFFILIATED BOARDS (Community groups both local and regional requiring participation by one or two Council Members; Citizen Members are not appo intees) Citizen Group Council Liaisons Meeting Date/Place Staffing Department Huntington Beach Council on Aging Gruel, Twining 1st Thursday, monthly, 9:00 AM Senior Center (EMG, Room 1) Community & Library Services Huntington Beach Downtown Business Improvement District (Downtown BID) 4 Burns, Van Der Mark 2nd Thursday, monthly, 9:00 AM Huntington Beach Art Center Community Development Neighborhood Watch Burns, Williams 2nd Tuesday, monthly, 6:00 PM (No meetings July, August, December) Police Dept, 1st Floor Conf. Room Police Department Sister City Association Kennedy, Twining 2nd Wednesday, monthly, 6:00 PM Central Library (Room TBA) Community & Library Services West O.C. Water Board (WOCWB) $100 per quarterly meeting4 Burns, Van Der Mark (McKeon, Alternate) 3rd Wednesday, quarterly, 4:00 PM (January - October) Utilities Operations Building 19001 Huntington St. Public Works APPOINTMENTS BY STATE & REGIONAL AGENCIES (For informational purposes) Name of Agency/Committee Appointments City Selection Committee Burns (Van Der Mark, Alternate) Orange County Housing Finance Trust Van Der Mark, through November 2026 OC San Appointment to SARFPA Burns 53 2025 Council Liaison List Updated April 15, 2025 Page 5 of 6 COMMUNITY & REGIONAL AGENCIES AND COMMITTEES (Appointed by Mayor) Name of Agency/Committee Appointee Meeting Date/ Place Association of California Cities – Orange County (ACCOC) Burns As needed California Coastal Coalition (CalCoast) Board Burns, Van Der Mark 2-3 meetings/year, location varies Huntington Beach Chamber of Commerce Government Affairs Committee Gruel, Twining Quarterly, meeting time varies. Golden West College 15744 Golden West St. Admin Bldg. 4-Room137 O.C. Council of Governments (OCCOG) Twining (Burns Alternate) 4th Thursday Monthly, 10:30 AM Irvine Civic Center, City Council Chambers 1 Civic Center Plaza, Irvine Orange County Mosquito and Vector Control District $100 monthly. Term: Two (2) years Van Der Mark (term expires January 2027) 3rd Thursday, monthly, 3:00 PM OC MVC District Headquarters 13001 Garden Grove Blvd., Garden Grove, CA O.C. Sanitation District Board of Directors (Plus Committee assigned by Chair) $315.00 per meeting plus mileage Burns (Van Der Mark Alternate) 4th Wednesday, monthly, 6:00 PM Zoom / OCSD Administrative Office 10844 Ellis Ave., Fountain Valley, CA Santa Ana River Flood Protection Agency (SARFPA) Van Der Mark Executive Committee Meetings: 4th Thurs, 4:00 PM January, March, May, July, September Full Agency Meetings: June, November Zoom Southern California Association of Governments (SCAG) Regional Council District 64 Delegate Term1 $120 per meeting Twining (SCAG appointment is also on OCCOG) 1st Thursday, monthly, 9:00 AM – 2:00 PM Virtual Meeting / SCAG Office, Downtown L.A. Visit Huntington Beach Advocacy Committee Van Der Mark (McKeon Alternate) Monthly, usually Tuesday at 3:30 PM may vary. VHB Office / Zoom 155 Fifth Street, Suite 111, Huntington Beach 1 2-year term 2 The primary structure of the Sunset Beach Local Coastal Program Review Board remains the same after the annexation. The Board is comprised of seven members initially appointed by the OC Board of Supervisors and subsequent members elected by the Review Board itself. 3 Staff only; Council Liaisons not assigned. 4 Brown Act Applicable 54 2025 Council Liaison List Adopted December 2025 Page 6 of 6 Huntington Beach Housing Authority Public Financing Authority Chairperson: Mayor Pat Burns Chairperson: Mayor Pat Burns Vice Chairperson: Mayor Pro Tem Casey McKeon Vice Chairperson: Mayor Pro Tem Casey McKeon Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Gracey Van Der Mark, Chad Williams Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Gracey Van Der Mark, Chad Williams Executive Officer: Travis Hopkins, City Manager Executive Officer: Travis Hopkins, City Manager Authority Treasurer: Alisa Backstrom Authority Treasurer: Alisa Backstrom Authority Clerk: Lisa Lane Barnes Authority Clerk: Lisa Lane Barnes Authority Attorney: Mike Vigliotta Authority Attorney: Mike Vigliotta Parking Authority Successor Agency to the Former Redevelopment Agency of the City of Huntington Beach Chairperson: Mayor Pat Burns Chairperson: Mayor Pat Burns Vice Chairperson: Mayor Pro Tem Casey McKeon Vice Chairperson: Mayor Pro Tem Casey McKeon Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Gracey Van Der Mark, Chad Williams Commissioners: Andrew Gruel, Don Kennedy, Butch Twining, Gracey Van Der Mark, Chad Williams Executive Officer: Travis Hopkins, City Manager Executive Officer: Travis Hopkins, City Manager Authority Treasurer: Alisa Backstrom Agency Treasurer: Alisa Backstrom Authority Clerk: Lisa Lane Barnes Agency Clerk: Lisa Lane Barnes Authority Attorney: Mike Vigliotta Agency Attorney: Mike Vigliotta NOTE: The Oversight Board had a 4-year term designated by California State Governor Jerry Brown that expired in 2016. The duties have since been transferred to the County of Orange who will oversee the Redevelopment projects/obligations until termination. Please refer to the Orange Countywide Oversight Board (OCOB). Auditor Controller’s Office website for detailed information at https://ocauditor.com/ob/. 55 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-307 MEETING DATE:4/15/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager PREPARED BY:Jennifer Carey, Deputy City Manager Subject: Approve and Authorize Execution of Amendment No. 3 with Excalibur Well Services, Corp.; Approve Additional Funding and Appropriation of Funds for Well #3 of the Civic Center Oil Well Abandonment Project Statement of Issue: The Huntington Beach Fire Department (HBFD) and the Public Works Department have been working on the abandonment of three oil wells at the Civic Center. While work on wells #1 and 2 two is nearly complete, additional funding and work is needed to complete well #3. To ensure timely and cost-effective project completion, the City met with the contractor, Excalibur Well Services, Corp. (Excalibur), to determine an “all-in” project completion cost not to exceed $1,150,000, meaning any cost over the $1,150,000 will be the responsibility of Excalibur. As part of the $1,150,000 all-in cost, Excalibur agreed to waive approximately $400,000 in equipment and standby charges. This cost is inclusive of Excalibur’s subcontractor oversight and ongoing compliance with CalGEM and the City’s Fire Department. In the event the project is completed under $1,150,000, the City and Excalibur will split the savings. Financial Impact: Staff is requesting an appropriation of up to $1,150,000 in HB Recovery Funds to Oil Well Abandonment business unit 31465001.82800. Sufficient funds are available in the Infrastructure Fund to cover this cost. Recommended Action: A) Authorize Mayor & City Clerk to execute, “Amendment 3 to Service Agreement Between the City of Huntington Beach and Excalibur Well Services, Corp. for Civic Center Well Abandonment” in an all -in amount not to exceed $1,150,000 for full project completion as outlined. B) Approve an appropriation and transfer of $1,150,000 in HB Recovery Funds to Oil Well Abandonment business unit 31465001.828000. Alternative Action(s): City of Huntington Beach Printed on 4/9/2025Page 1 of 3 powered by Legistar™ 56 File #:25-307 MEETING DATE:4/15/2025 Authorize Mayor and City Clerk to execute Amendment No. 3 with Excalibur Well Services, Corp. in an amount of $900,000 to continue project under current terms. This alternative action would not ensure an all-in cost for project completion and could result in staff returning to City Council to request additional funding based upon ongoing project conditions. Additionally, the City would be expected to cover approximately $400,000 in equipment and standby charges which Excalibur offered to waive with the all-in $1,150,000 amount. The City Council may also elect to authorize Mayor and City Clerk to execute Amendment No. 3 with Excalibur Well Services, Corp. in an amount of $250,000 to place well #3 in idle. This alternative action will lead to additional increased costs of $20,000 per year to keep the well in idle. Additionally, the City will need to eventually abandon the well, leading to costs in the millions. Analysis: In February 2024, the City Council approved a contract with Excalibur Well Services, Corp. (Excalibur) for the abandonment of Civic Center Wells #1, #2, and #3. While abandonment work for Civic Center Wells #1 and #2 is nearly complete, additional work is required to complete Civic Center Well #3. To ensure timely and cost-effective project completion, the City met with the contractor, Excalibur Well Services, Corp. (Excalibur), to determine an “all-in” project completion cost not to exceed $1,150,000. To reach the $1,150,000 amount, Excalibur has agreed to waive approximately $400,000 in existing equipment and standby charges. Additionally, Excalibur will cover any project costs that exceed the $1,150,000 amount. In the event the project is completed under $1,150,000, the City and Excalibur will split the savings. The remaining scope of work required to complete the project includes, but is not limited to, the items referenced below and is included within the all-in $1,150,000 cost: •Clean out 2-7/8” inner liner from 2,343.77’ to 2,625’ •Run inside cutter to cut 2-7/8” slotted liner @ 2,375’ •Deploy spear and hydraulic jar BHA to engage and free liner •Clean out 5-1/2” 17# liner to reach top of 2-3/8” tubing (FISH) @ ~3,654’ •Recover downhole junk (fish) •Continue cleanout to CalGEM’s required depth of 4,094’ •Perform cementing operations in accordance with CalGEM and City Fire Department standards (Fire Department to witness final surface cement plug) •Conduct perforations per CalGEM requirements •Perform casing cut-off at required elevation, confirm cement returns to surface, and conduct leak test (CalGEM and Fire Department to witness) •Install top plate with proper identification (CalGEM and Fire Department to witness) Excalibur will provide oversight to all onsite subcontractors and confirm compliance with CalGEM and the City’s Fire Department. Should a cement top job be required after casing cut-off, Excalibur will complete the work as part of and is included in the all-in amount. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change City of Huntington Beach Printed on 4/9/2025Page 2 of 3 powered by Legistar™ 57 File #:25-307 MEETING DATE:4/15/2025 in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Amendment No. 3 to Service Agreement Between the City of Huntington Beach and Excalibur Well Services, Corp. for the Civic Center Well Abandonment City of Huntington Beach Printed on 4/9/2025Page 3 of 3 powered by Legistar™ 58 59 AMENDMENT NO. 3 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND EXCALIBUR WELL SERVICES, CORP. FOR CIVIC CENTER WELL ABANDONMENT THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and EXCALIBUR WELL SERVICES, CORPORATION, hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated February 20, 2024, entitled "Service Agreement Between the City of Huntington Beach and Excalibur Well Services, Corp., for Civic Center Well Abandomnent" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor and to clarify the terms and scope of service, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION Section 3 of the Original Agreement shall be amended as follows: City agrees to pay Contractor the rates specified in Exhibit B to the Original Agreement not on a "time and ~naterials" basis but as a way to calculate the lump sum payment for all costs to complete Civic Center 3 abatement and Cal GE M approval of abandonment. City and Contractor agree that an additional not to exceed One Million One Hundred Fifty Thousand Dollars ($1 ,150 ,000.00) will be a lump sum payment to complete all work necessary to abandon Civic Center 3 and obtain CalGEM 25 -16246/374366 60 approval of abandonment. The additional sum sh all be added to the orig inal sum of Two Million Seven Hundred For ty-Eight Thousand Two Hundred Seventy Dollars ($2,748,270.00), for a new contract amount not to exceed Three Million Eight Hundred Ninety-Eight Thousand T wo Hundred Seventy Dollars ($3,898,270.00). The additional sum of One Million One Hundred Fifty T hou sand Dollars ($1,150,000.00) includes the existing balance due of$104,047.80. If the work t o complete abandonment of Civic Center 3 and Cal GEM approval is less than One Million One Hundred Fifty Thou sa nd Doll ars ($1,150 ,000.00), the savings will be evenly s plit between the City of Huntington Beach and Excali bur Well Services. Any a mount to complete the abandonment of Civi c Center 3 and receive Cal GEM approval th at exceeds the total of One Million One Hundred F ifty Thousand Dollars ($1,150,000.00) will be solely paid, covered and otherwise the responsibility of Contractor . 2. SCOPE OF WORK The remaining Scope of Work to be performed includes, but i s not limited to , the fo llowing: • Clean out 2-7/8" inner liner from 2,343.77' to 2,635' • Run inside cutter to cut 2-7/8" s lotted liner @2 ,375' • Deploy spear and hydrauli c jar Bl-IA to engage and free liner • Cleans out 5-1/2" 17# liner to reach top of2 -3/8" tubing (FISH)@ ~3,654 ' • Recover downhole junk (fish) • Continue cleanout to CalGEM's required depth of 4,094 ' 25 -1 6246/374366 2 61 • Perform cementing operations in accordance with CalGEM and City Fire Department standards (Fire Department to w itness final surface cement plug) • Conduct perforations per Cal GEM requirements • Perform casing cut-off at required e levation, confirm cement r eturns to surface, and conduct leak test (CalGEM and Fire Department to witness) Excalibur Well Services will provide oversight to any subcontractors and be on- site to confirm compliance with CalGem and City Fire Department requirements. Should a cement top job be required after casing cut-off, Excalibur Well Services will complete the work as part of and is inclu ded in the lump sum of One Million One Hundred Fifty Thousand Dollars ($1,150,000.00) This amendment to the Original Agreement is not on a "times a nd material" bases but is a lump sum payment for all work and associated costs to complete the abandonment of Civic Center 3 and to obtain Ca l GEM approval of abandonment. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on _________ ., 2025 . 25-16246/374366 3 62 EXCALIBUR WELL SERVICES, CORP By: __________ _ print name CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ITS: (circle one) Chairman/President/Vice President Mayor AND By: __________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer 25-16246/374366 City Clerk INITIATED AND APPROVED: c.-z-S: Fire Chief APPROVED AS TO FORM: City Attorney }JJJ REVIEWED AND APPROVED: City Manager 4 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-277 MEETING DATE:4/15/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Joanna Cortez, Principal Planner Subject: Approve Zoning Text Amendment No. 25-00 1 (Smoke/Tobacco Shop Regulations) by Adopting Ordinance Nos. 4331, 4332, 4333, and 4334 - All Ordinances Approved for Introduction April 1, 2025 by a Vote of 7-0 Statement of Issue: Transmitted for City Council’s consideration is Zoning Text Amendment (ZTA) No. 25-001, a City Council initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to introduce regulations for smoke/tobacco shops within the City. The request also includes an amendment to remove duplicate information within the zoning ordinance. The Planning Commission and staff recommend approval of the request. Financial Impact: Not Applicable Recommended Action: A) Find Zoning Text Amendment No. 25-001 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density; and, B) Approve Zoning Text Amendment No. 25-001 with findings (Attachment No. 1) and approve for adoption: 1. Ordinance No. 4331, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 2) 2. Ordinance No. 4334, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 C Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 3) City of Huntington Beach Printed on 4/9/2025Page 1 of 3 powered by Legistar™ 63 File #:25-277 MEETING DATE:4/15/2025 3. Ordinance No. 4333, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 4) 4. Ordinance No. 4332, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 5) Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: A.PROJECT PROPOSAL: ZTA No. 25-001 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to define and add regulations for smoke/tobacco shops within the City. In addition to the proposed regulations, this ZTA also includes an amendment, unrelated to smoke/tobacco shops, to remove duplicative text within the HBZSO. B.BACKGROUND: To reduce illegal sales of tobacco products to minors, California has passed policies to further regulate the sale of tobacco in the retail environment. Many jurisdictions have passed additional policies to implement state laws and regulations including restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers. To prevent the proliferation and cluster of smoke or tobacco retailers, especially near youth populated areas, on September 3, 2024, the City Council directed staff (Attachment No. 6) to draft the necessary amendments to the HBZSO to define and add regulations for smoke/tobacco shops within the City. C.PLANNING COMMISSION MEETING AND RECOMMENDATION: On February 11, 2025, the Planning Commission held a public hearing on the ZTA. There was one speaker/comment in support of the item (Attachment No.8). The Planning Commission recommended approval of the request to the City Council with the following modifications: ·Chapter 211: The new provision letter in the land use table was amended from letter “P” to letter “DD” ·Chapter 230: The minimum distance requirement from smoke/tobacco shops to youth- populated areas and between smoke/tobacco shops was modified from 500 feet to 1,000 feet. Planning Commission Action on February 11, 2025: A motion was made by Thienes, seconded by Goldberg, to recommend to the City Council approval of ZTA No. 25-001 carried by the following vote: AYES: Thienes, Goldberg, Pellman, Wood, Bush, Babineau, McGee NOES: None ABSTAIN: None City of Huntington Beach Printed on 4/9/2025Page 2 of 3 powered by Legistar™ 64 File #:25-277 MEETING DATE:4/15/2025 ABSENT: None MOTION PASSED D.STAFF ANALYSIS: The February 11, 2025, Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No. 7).In summary, staff and the Planning Commission recommend approval of ZTA No. 25-001 based on the following reasons: 1. It addresses a community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth-populated areas; 2. Cleans up the HBZSO to improve clarity; and 3. Is consistent with General Plan goals and policies. Environmental Status: ZTA No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Suggested Findings of Approval - ZTA 25-001 2. HBZSO Chapter 204 (Use Classifications) Draft Ordinance No. 4331 and Legislative Draft 3. HBZSO Chapter 211 (C Commercial Districts) Draft Ordinance No. 4334 and Legislative Draft 4. HBZSO Chapter 212 (I Industrial Districts) Draft Ordinance No. 4333 and Legislative Draft 5. HBZSO Chapter 230 (Site Standards) Draft Ordinance No. 4332 6. City Council H-Item dated September 3, 2024 7. February 11, 2025, Planning Commission Staff Report 8. Supplemental Communication received and dated February 10, 2025 9. PowerPoint Presentation City of Huntington Beach Printed on 4/9/2025Page 3 of 3 powered by Legistar™ 65 ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 25-001 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment (ZTA) No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 25-001: 1. Zoning Text Amendment No. 25-001 is to amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to primarily introduce regulations for smoke/tobacco shops. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is also being amended to remove duplicate text. The proposed zoning text amendment is consistent with the goals and policies of the City’s General Plan including: Land Use Element: Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consist with the overall goals and needs of the community. Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that will ensure new shops are compatible with surrounding uses. The proposed regulations will limit this use to commercially zoned properties while prohibiting them in any primarily residentially zoned areas. Smoke/tobacco shops will maintain a 1,000-foot separation from sensitive uses, such as hospitals and youth-oriented areas, as well as other smoke/tobacco shops. These regulations will allow these types of commercial goods and services to operate in designated areas of the city while meeting the community’s desire of limiting the overexposure of this use to young people. The proposed text cleanup will provide greater customer service as it will provide residents and business owners a clear understanding of permitted uses within the industrial zone. 66 2. Zoning Text Amendment No. 25-001 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because it primarily revises the processing of an existing use and clarifies a section of the HBZSO. The revisions that have been added or clarified will not change the character of the base zoning district and the uses authorized therein. 3. A community need is demonstrated for the changes proposed because there is a constant community desire to ensure compatibility of uses between different zoning areas and ensure the HBZSO is clear, current, and proactive with conflicts in the code. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because ZTA No. 25-001 ensures the HBZSO is clear, current, and proactive with conflicts in the code, and reflective of the City’s ongoing effort to improve customer service. 67 68 ORDINANCE NO. 4331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 USE CLASSIFICATIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance. After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 204 of the Huntington Beach Zoning Code is hereby amended to read as follows: 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (maximum 30 days) boarding of animals are included, if incidental to the hospital use. 4. Animals, Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. 5. Equestrian Centers. Establishments offering facilities for instruction m horseback riding, including rings, stables, and exercise areas. 25-15852/3 7222 69 ORDINANCE NO. 4331 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. F. Catering Services. Preparation and delive1y of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography.) H. Commercial Recreation and Entertainment. Provision of paiiicipant or spectator recreation or entertaimnent. This classification includes theaters, sp01is stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic gaines centers, cyber cafe having more than four coin-operated game machines; card rooms as regulated by Chapter 9.24; and fo1iune telling as regulated by Chapter 5. 72. Limited. Indoor movie theaters, gaine centers and performing aiis theaters and health/fitness clubs occupying less than 2,500 square feet. I. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio, television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. 25-15852/372222 2 70 ORDINANCE NO. 4331 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. b. Limited. Establishments that do not serve persons in vehicles or at a table. 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20% or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. With Alcoholic Beverage Sales. Establishments where more than 10% of the floor area is devoted to sales, display and storage of alcoholic beverages. L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. 0. Laboratories. Establishments providing medical or dental laboratmy services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry. P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. R. (Reserved) S. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package fmm only. 25-15852/372222 3 71 ORDINANCE NO. 4331 T. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, and veterinary offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. U. Offices, Medical and Dental. A business which is primarily engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, physical or mental condition, including, but not limited to, offices of acupuncturists, chiropractors, dentists, optometrists, physicians, podiatrists, dermatologists, psychiatrists, psychologists and physical therapists. V. Pawn Shops. Establishments engaged in the bnying or selling of new or secondhand merchandise and offering loans secured by personal prope1iy and subject to Chapter 5.36 of the Municipal Code. W. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, fitness studios, and yoga or martial arts studios. X. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, permanent and semi-permanent makeup such as microblading, nonsurgical medspas such as laser hair removal, eyelash extensions, injectables, coolsculpting, etc., seamstresses, tailors, shoe repair shops, dry-cleaning businesses ( excluding large-scale bulk cleaning plants), photo-copying, self-service laundries, and massage as regulated by Chapter 5.24. Y. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research films or phaimaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. Z. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes depaiiment stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewehy, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, mi supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories ( excluding service and installation), and smoke or tobacco shops as regulated by Section 230.54. AA. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5 .36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops. 25-15852/372222 4 72 ORDINANCE NO. 4331 BB. Sex-Oriented Businesses. Establishments as regulated by Chapter 5.70; and figure model studios as regulated by Chapter 5.60. CC. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. DD. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. EE. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8. 70. FF. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. GG. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. 4. Service Stations. Establislunents engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. 25-I 5852/372222 5 73 ORDINANCE NO. 4331 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. 7. Offices for Vehicle Retail Sales/Wholesale. This classification includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles. 8. Vehicle Storage, Impound Yards. The business of storing or safekeeping of operative and inoperative vehicles that have been towed, for periods of time greater than a 24-hour period, but not including vehicle repair or dismantling. 9. Vehicle Storage, Off-Site Auto Sales. The business of storing or safekeeping new or used automobiles, intended for off-site sale, for periods of time greater than a 24-hour period, but not including vehicle repair or dismantling. This classification only includes storage for vehicle sales businesses located within the City of Huntington Beach. 10. Vehicle Storage, Recreational Vehicles. The business of storing or safekeeping of operative and inoperative boats, trailers, campers, or other recreational vehicles for periods of time greater than a 24-hour period, but not including vehicle repair or dismantling. HH. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen. 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25% of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. 3. Condominium-Hotel. Facility providing overnight visitor accommodations where ownership ofat least some of the individual guestrooms (units) within the larger building or complex is in the f01m of separate condominium ownership interests, as defined in California Civil Code Section 1351(f). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year- round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests. 25-15852/372222 6 74 ORDfNANCE NO. 433 1 4. Fractional Ownership Hotel. Facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners on a fractional time basis. A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit availabl e for fractional ownership will h ave multiple owners. II. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the s ite but are offered to the public for sale. JJ. Quasi Residential. 1. Residential Hotels. Buildings with six or more guest rooms without kitchen facilities in individual rooms , or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. 3. Timeshare. Any arrangement, plan, or similar program, other than an exchange program, whereby a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year dming any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. SECTION 2. All other provisions of Chapter 204 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ ., 2025. Mayor ATTEST: City Clerk 25-15852/372222 7 75 ORDINANCE NO . 4331 REVIEWED AND APPROVED: INITIATED AND APPROVED : City Manager D(ii!r :l!!!:;: Development 25-15 852/3 72222 8 76 LEGISLATIVE DRAFT HBZC CHAPTER 204 Chapter 204 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (maximum 30 days) boarding of animals are included, if incidental to the hospital use. 4. Animals, Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check- cashing facilities . With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. E. Building Materials and Services. Retailing, who lesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental 77 establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. F. Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography.) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball comis, health/fitness clubs, pinball arcades or electronic games centers, cyber cafe having more than four coin-operated game machines; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5. 72. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. I. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio, television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. b. Limited. Establishments that do not serve persons in vehicles or at a table. 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at 78 which 20% or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. With Alcoholic Beverage Sales. Establishments where more than 10% of the floor area is devoted to sales, display and storage of alcoholic beverages. L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. 0. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry. P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. R. (Reserved) S. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. T. Offices, Business and Professional. Offices of films or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, and veterinary offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. U. Offices, Medical and Dental. A business which is primarily engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, physical or mental condition, including, but not limited to, offices of acupuncturists, chiropractors, dentists, optometrists, physicians, podiatrists, dermatologists, psychiatrists, psychologists and physical therapists. V. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. 79 W. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, fitness studios, and yoga or martial arts studios. X. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, permanent and semi-permanent makeup such as micro blading, nonsurgical medspas such as laser hair removal, eyelash extensions, injectables, coolsculpting, etc., seamstresses, tailors, shoe repair shops, dry-cleaning businesses ( excluding large-scale bulk cleaning plants), photo-copying, self-service laundries, and massage as regulated by Chapter 5.24. Y. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. Z. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories ( excluding service and installationh smoke or tobacco shops as regulated by Section 230.54. AA. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops. BB. Sex-Oriented Businesses. Establislnnents as regulated by Chapter 5.70; and figure model studios as regulated by Chapter 5.60. CC. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. DD. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. EE. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. FF. Travel Services. Establislnnents providing travel info1mation and reservations to individuals and businesses. This classification excludes car rental agencies. 80 GG. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. 3. Commercial Parking Facility. Lots offering short-term or long-te,m parking to the public for a fee. 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, paiis, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. 7. Offices for Vehicle Retail Sales/Wholesale. This classification includes businesses with the primaiy building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles. 8. Vehicle Storage, Impound Yards. The business of storing or safekeeping of operative and inoperative vehicles that have been towed, for periods of time greater than a 24-hour period, but not including vehicle repair or dismantling. 9. Vehicle Storage, Off-Site Auto Sales. The business of storing or safekeeping new or used automobiles, intended for off-site sale, for periods of time greater than a 24-hour period, but not including vehicle repair or dismantling. This classification 81 only includes storage for vehicle sales businesses located within the City of Huntington Beach. 10. Vehicle Storage, Recreational Vehicles. The business of storing or safekeeping of operative and inoperative boats, trailers, campers, or other recreational vehicles for periods of time greater than a 24-hour period, but not including vehicle repair or dismantling. HH. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen. 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25% of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. 3. Condominium-Hotel. Facility providing overnight visitor accommodations where ownership ofat least some of the individual guestrooms (units) within the larger building or complex is in the fonn of separate condominium ownership interests, as defined in California Civil Code Section 1351(±). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year- round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests. 4. Fractional Ownership Hotel. Facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners on a fractional time basis. A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit available for fractional ownership will have multiple owners. II. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. JJ. Quasi Residential. 1. Residential Hotels. Buildings with six or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. 82 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. 3. Timeshare. Any mTangement, plan, or similar program, other than an exchange program, whereby a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recmTing basis for more than one year, but not necessarily for consecutive years. 83 ORDINANCE NO. 4334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 C COMMERCIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 211 of the Huntington Beach Zoning Code is hereby amended to read as follows: 211.04 CO, CG, and CV Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a pennitted use, but requires a conditional use permit on the site of a conditional use. "Neighborhood Notification" designates use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere 25-15852/368549 84 ORDINANCE NO. 4334 in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. CO, CG, and CV Districts: Land Use Controls P = Permitted L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary use permit P/U = Requires conditional use permit on site of conditional use -= Not Permitted co Residential Group Residential PC Multifamilv Residential - Public and Semipublic Clubs and Lodees p Communitv and Human Services Drug Abuse Centers - Primarv Health Care L-11 Emergency Kitchens - Emergency Shelters - Residential Alcohol Recoverv, General - Residential Care, General ZA Convalescent Facilities ZA Cultural Institutions L-14 Dav Care, General L-3 Dav Care, Large-Family p Emereencv Health Care L-2 Government Offices p Heliports PC Hosoitals PC Park & Recreation Facilities L-9 Public Safety Facilities ZA Relieious Assemblv ZA Schools, Public or Private PC Utilities, Major PC Utilities, Minor p Commercial Uses Ambulance Services - Animal Sales & Services 25-15852/368549 2 CG CV PC PC -PC p - PC - L-11 - L-2 - L-2 - PC - ZA - ZA - L-14 L-14 L-3 - p - L-2 - p ZA PC PC PC - L-9 L-9 ZA ZA ZA PC PC - PC PC p p ZA - L-16 Additional Provisions (J)(OlfR)(V) (J)(Q)(R)(V) (Y) (B) (L) (J)(Q)(R) 85 ORDINANCE NO. 4334 co CG CV Additional Provisions Animal Boarding -ZA - Animal Grooming -p - Animal Hospitals -ZA - Animals-Retail Sales -p - Eauestrian Centers (CG Zone) -PC -/S) Pet Cemetery -PC - Artists' Studios p p p Banks and Savings & Loans p p p With Drive-Up Service p p p Building Materials and Services -p - Caterine: Services p p p Commercial Filming p p p (F) Commercial Recreation and Entertainment -PC PC (D) Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments p p p W/Alcohol ZA ZA ZA (N) W /Drive Through -p p W/Live Entertainment ZA ZA ZA (W)(Y) W/Dancine PC PC PC (H) W/Outdoor Dining ZA ZA ZA /X) Food & Beverage Sales -p L-12 W / Alcoholic Beverage Sales -ZA ZA (N) Funeral & Intennent Services -ZA - Laboratories L-1 L-1 - Maintenance & Renair Services -p - Marine Sales and Services -p p Nurseries -ZA - Offices, Business & Professional p p p Offices, Medical & Dental p p p Pawn Shoos -ZA - Personal Enrichment Services L-10 L-10 - Personal Services p p p Research & Development Services L-1 ZA - Retail Sales -p p (U)(V)(DD) Secondhand Annliances/Clothine -p - Swan Meets, Indoor/Flea Markets -PC -(Tl Swap Meets, Recun-ing -ZA - Tattoo Establishments -ZA - Travel Services p p p Vehicle Equipment/Sales & Services Automobile Rentals -L-8 L-8 L-12 Automobile Washing -ZA - Commercial Parking -ZA ZA (P) Service Stations -PC PC (E) Vehicle Eauio. Repair -L-5 - Vehicle Equip. Sales & Rentals ZA ZA -L-12 Vehicle Storaee, Imoound Yards -PC -!AA\ Vehicle Storage, Off-Site Auto Dealers -P/ZA -L-17 /BB) Vehicle Stora2:e, Recreational Vehicles -ZA -(CC) Offices for Vehicle Eauio. Sales & Rentals L-15 L-15 - 25-15852/368549 3 86 ORDINANCE NO. 4334 co CG CV Additional Provisions Visitor Accommodations Bed & Breakfast Inns ZA ZA ZA (K) Hotels, Motels -PC PC (I) Condominium-Hotel --PC (Z) Fractional Ownership Hotel Ouasi Residential Timeshares -PC -(l)(J) Residential Hotel -PC -(J) Single Room Occupancy -PC - Industrial (J)(Q)(R)(V) Industrv, Custom -L-6 L-6 Accessory Uses (J)(V) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) Animal Shows -TU - Circus and Carnivals and Festivals -TU - Commercial Fihning, Limited -p p (M) Real Estate Sales p p p Retail Sales, Outdoor -TU TU (M) Seasonal Sales TU TU TU (M) Tent Event -p - Trade Fairs -p - Nonconformin2 Uses (G)(J)(V) 211.05. CO, CG, and CV Districts: Additional Provisions. L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 230.52, Emergency Shelters.) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-4 Reserved. L--5 Only limited facilities are allowed subject to approval of a conditional use pe1mit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile service complex operated by a new vehicle dealer. 25-15852/368549 4 87 ORDINANCE NO. 4334 L-6 Only "small-scale" facilities, as described in use classifications, are permitted with a maximum seven persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Repealed. L-8 On-site storage limited to two rental cars or two cars for lease. L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with Administrative Permit approval if space exceeds 5,000 square feet. In addition, personal enrichment uses within a retail building parked at a ratio of one space per 200square feet, sball require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and The instruction area does not exceed 75% of total floor area of the personal enrichment building area. L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. L-13 For wireless communication facilities see Section 230.96, Wireless Communication Facilities. All other communication facilities permitted. L-14 Allowed with Neighborhood Notification pursuant to Chapter 241 if space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. L-15 Includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles. L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the City, any ke1mel within 200 feet of any residential use. Refer to HBMC Section 7.12.150 - Kennels. L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Permitted pursuant to a conditional use permit from the Zoning Administrator if less than 300 feet from a parcel used or zoned for residential development. A. Reserved. 25-15852/368549 5 88 ORDINANCE NO. 4334 B. See Section 230.40, Helicopter Takeoff and Landing Areas. C. Repealed. D. See Section 230.38, Game Centers; Chapter 5.28, Dance Halls; Chapter 9.24, Gambling Chapter 9.32, Pool and Billiard Halls. E. See Section 230.32, Service Stations. F. See Section 241.20, Tempora1y Use Permits. G. See Chapter 236, Nonconforming Uses and Structures. H. For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28, Dance Halls; Chapter 5.44, Ente1iainment Permits; and Chapter 5. 70, Sex-Oriented Businesses. I. Only permitted on a major arterial street, and a passive or aetive outdoor recreational amenity shall be provided. J. In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. K. See Section 230.42, Bed and Breakfast Inns. L. Collection containers are permitted in all commercial districts; recycling facilities as an access01y use to a permitted use shall be permitted upon approval by the Director with Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations. M. Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86, Seasonal Sales. N. The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: 1. Retail markets with no more than 10% of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. 2. Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. 25-l 5852/368549 6 89 ORDINANCE NO. 4334 3. Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. 0. See Section 230.46, Single Room Occupancy. P. See Chapter 231 for temporary and seasonal parking. Q. Development of vacant land or additions of I 0,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Conmmnity Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). R. Projects within 500 feet of a PS District; see Chapter 244. S. See Section 230.48, Equestrian Centers. T. See Section 230.50, Indoor Swap Meets/Flea Markets. U. See Section 230.94, Carts and Kiosks. V. In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide oppmiunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. W. Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. X. Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be pe1mitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241. Y. Neighborhood Notification requirements pursuant to Chapter 241. Z. In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. AA. Storage areas shall be screened from view on all sides by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum IO feet from abutting streets with the entire setback area permanently landscaped and maintained. BB. Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either brick, block, masonry, wood, vinyl or other similar 25-15852/36°8549 7 90 ORDINANCE NO. 4334 material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. CC. Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process. DD. See Section 230.54, Smoke or Tobacco Shops. SECTION 2. All other provisions of this Chapter 211 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ , 2025. Mayor ATTEST: AP~ROVED AS TO FORM: ·\k lk City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 25-15852/368549 8 91 LEGISLATIVE DRAFT HBZC CHAPTER 211 Chapter 211 211.04 CO, CG, and CV Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P " designates use classifications permitted in the Industrial Districts . "L" desi gnates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional us e pe1mit by the Planning Commission. "ZA'' designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use pe1mit by the Zoning Administrator. "P/U" for an accessory u se means that the use is permitted on the site of a permitted u se, but requires a conditional use permit on the site of a conditional use. "Neighborhood Notification" refers to use classifications that require an Administrative Pe1mit by the Director. Use classifications that are not lis ted are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this zoning code. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. IG, IL, and RT Districts: Land Use Controls P = Pe1mitted L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use pe1mit approved by Zoning Administrator TU = Temporary use p ermit P/U = Requires conditional use permit on site of conditional use -= Not Permitted 92 co CG CV Additional Provisions Residential (J)(Q)(R)(VJ Groun Residential PC PC PC Multifamilv Residential --PC Public and Seminublic (J)(QliR1(VJ Clubs and Lodoes p p - Communitv and Human Services Drug Abuse Centers -PC - Primarn Health Care L-11 L-11 - Emeroencv Kitchens -L-2 - Ememencv Shelters -L-2 - Residential Alcohol Recoverv, General -PC - Residential Care, General ZA ZA - Conva1escent Facilities ZA ZA - Cultural Institutions L-14 L-14 L-14 Dav Care, General L-3 L-3 - Dav Care, Laroe-Familv p p -(YJ Ememencv Health Care L-2 L-2 - Government Offices p p ZA Helinorts PC PC PC (BJ Hosoitals PC PC - Park & Recreation Facilities L-9 L-9 L-9 Public Safetv Facilities ZA ZA ZA Religious Assemblv ZA ZA PC Schools, Public or Private PC PC - Utilities, Maior PC PC PC Utilities, Minor p p p (L) Commercial Uses (Jl(QJ(RJ Ambulance Services -ZA - Animal Sales & Services L-16 Animal Boardino -ZA - Animal Groomirn! -p - Animal Hosoitals -ZA - Animals-Retail Sales -p - Eauestrian Centers /CG Zone) -PC -(Sl Pet Cemeterv -PC - Artists' Studios p p p Banks and Savinos & Loans . p p p With Drive-Un Service p p p Buildino Materials and Services -p - CaterinP-Services p p p Commercial Filming p p p /F) Commercial Recreation and Entertainment -PC PC (DJ Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments p p p W/Alcohol ZA ZA ZA fl\[) W/Drive Thrauoh -p p W /Live Entertainment ZA ZA ZA /Wl(YJ W/Dancine PC PC PC /H) 93 co CG CV Additional Provisions W /Outdoor Dining ZA ZA ZA (X) Food & Beverage Sales -p L-12 W/Alcoholic Beverage Sales -ZA ZA /N) Funeral & Interment Services -ZA - Laboratories L-1 L-1 - Maintenance & Reoair Services -p - Marine Sales and Services -p p Nurseries -ZA - Offices, Business & Professional p p p Offices, Medical & Dental p p p Pawn Shops -ZA - Personal Enrichment Services L-10 L-10 - Personal Services p p p Research & Development Services L-1 ZA - Retail Sales -p p (U)(V)/DD) Secondhand Annliances/Clothing -p - Swap Meets, Indoor/Flea Markets -PC -(T) Swan Meets, Recunini::?: -ZA - Tattoo Establishments -ZA - Travel Services p p p Vehicle Eauioment/Sales & Services Automobile Rentals -L-8 L-8 L-12 Automobile Washing -ZA - Commercial Parking -ZA ZA (P) Service Stations -PC PC IE) Vehicle Equip. Repair -L-5 - Vehicle Eauio. Sales & Rentals ZA ZA -L-12 Vehicle Storage, Imoound Yards -PC -/AA) Vehicle Storage, Off-Site Auto Dealers -P/ZA -L-17 (BB) Vehicle Storage, Recreational Vehicles -ZA -(CC) Offices for Vehicle Eauio. Sales & Rentals L-15 L-15 - Visitor Accommodations Bed & Breakfast Inns ZA ZA ZA (K) Hotels, Motels -PC PC (I) Condominium-Hotel --PC /Z) Fractional Ownership Hotel Quasi Residential Timeshares -PC -(l)(J) Residential Hotel -PC -(J) Single Room Occuoancv -PC - Industrial (Jl(Q)(R)(V) lndustrv, Custom -L-6 L-6 Accessory Uses (J)(V) Accessorv Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) Animal Shows -TU - Circus and Carnivals and Festivals -TU - 94 co CG CV Additional Prov isions Commercial Filming, Limited -p p (M) Real Estate Sa les p p p Retail Sales, Outdoor -TU TU (M) Seasonal Sale s TU TU TU (M) Tent Event -p - Trade Fairs -p - No nconforming Uses (G)(J)(V) 211.05 CO, CG, and CV Districts -Additional Provision L-1 Permitted if the sp ace is 5,000 square feet or less; allowed w ith Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet o r l ess; a llowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 230.52, Emergency Shelters.) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a condition al use permit from the Planning Commission if th e space exceed s 2,500 square feet. L-4 Reserved. L-5 Only limited facilities are allowed subj ect to approval of a conditional u se permit from the Zoning Administrator, and body and fender shops are pe1mitted only as pait of a comprehensive automobile serv ice complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in use classifications, ai·e permitted with a maximum seven persons employed full time in processing or treating retail products, limited to those s old on the premises. L-7 Repealed. L-8 On-site storage limited to two rental cai·s or two cars for lease. L-9 Public facilities p ermitted, but a conditional use pe1mit from the Zoning Admini strator is required fo r commercial facilities. L-10 Pe1mitted if the space is 5,000 s quai·e feet or less; allowed w ith Administrative Permit approval if space exceeds 5,000 square feet. In addition, personal enrichment uses within a retail building parked at a ratio of one space per 200squai·e feet , shall require no additional pai·king provided the use compl ies w ith the following: • Maximum number of persons per classroom does not exceed the number of parking sp aces a llo cated to the suite based upon the square footage of the building; and 95 • The instruction area does not exceed 75% of total floor area of the personal enrichment building area. L-11 Pennitted if the space is 5,000 square feet or less; allowed with a conditional use pe1mit from the Zoning Administrator if the space exceeds 5,000 square feet. L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. L-13 For wireless communication facilities see Section 230.96, Wireless Connnunication Facilities. All other communication facilities permitted. L-14 Allowed with Neighborhood Notification pursuant to Chapter 241 if space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. L-15 Includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles. L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the City, any kennel within 200 feet of any residential use. Refer to HBMC Section 7.12.150 - Kennels. L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Permitted pursuant to a conditional use pe1mit from the Zoning Administrator if less than 300 feet from a parcel used or zoned for residential development. A. Reserved. B. See Section 230.40, Helicopter Takeoff and Landing Areas. C. Repealed. D. See Section 230.38, Game Centers; Chapter 5.28, Dance Halls; Chapter 9.24, Gambling Chapter 9.32, Pool and Billiard Halls. E. See Section 230.32, Service Stations. F. See Section 241.20, Temporary Use Permits. G. See Chapter 236, Nonconforming Uses and Structures. H. For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28, Dance Halls; Chapter 5.44, Entertaimnent Pe1mits; and Chapter 5. 70, Sex-Oriented Businesses. 96 I. Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. J. In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be pennitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. K. See Section 230.42, Bed and Breakfast Inns. L. Collection containers are permitted in all commercial districts; recycling facilities as an accessory use to a permitted use shall be permitted upon approval by the Director with Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations. M. Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86, Seasonal Sales. N. The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: I. Retail markets with no more than 10% of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. 2. Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. 3. Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. 0. See Section 230.46, Single Room Occupancy. P. See Chapter 231 for temporary and seasonal parking. Q. Development of vacant land or additions of I 0,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use pem1it from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity ( e.g., increased noise, traffic). R. Projects within 500 feet of a PS District; see Chapter 244. 97 S. See Section 230.48, Equestrian Centers. T. See Section 230.50, Indoor Swap Meets/Flea Markets. U. See Section 230.94, Carts and Kiosks. V. In the coastal zone, the preferred retail sales uses are those identified in the visitor serving connnercial land use designation which provide opportunities for visitor-oriented connnercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. W. Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. X. Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241. Y. Neighborhood Notification requirements pursuant to Chapter 241. Z. In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. AA. Storage areas shall be screened from view on all sides by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. BB. Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either brick, block, masonry, wood, vinyl or other similar material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. CC. Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masomy, wood, vinyl or other similar material. The wall shall include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as detennined during the entitlement process. DD. See Section 230.54. Smoke or Tobacco Shops 98 ORDINANCE NO. 4333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 I INDUSTRIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance. After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I. That Chapter 212 of the Huntington Beach Zoning Code is hereby amended to read as follows: 212.04 JG, IL, and RT Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Plauuing Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a tempormy use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. "Neighborhood Notification" designates use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere 25-15852/368430 99 ORDINANCE NO. 4333 in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. IG, IL, and RT Districts: Land Use Controls P = Permitted L = Limited ( see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary use permit P/U = Requires conditional use permit on site of conditional use -= Not Permitted IG IL Residential Group Residential PC PC Public and Semipublic Community and Human Service Facilities p p Dav Care, General ZA ZA Heliports PC PC Maintenance & Service Facilities ZA ZA Public Safety Facilities p p Religious Assembly ZA ZA Schools, Public or Private L-6 L-6 Utilities, Major PC PC Utilities, Minor L-7 L-7 Commercial Uses Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA Animal Hospitals ZA ZA Artists' Studios p p Banks and Savings and Loans L-1 L-1 Building Materials and Services p p Catering Services -p 25-15852/368430 2 Additional RT Provisions PC 'I) 'A)(L) p 'K) ZA PC (N) ZA p ZA L-6 PC L-7 '0) (D)(L) ZA ZA ZA p L-1 p p 100 ORDINANCE NO. 4333 Additional JG IL RT Provisions Commercial Filming ZA ZA ZA Commercial Recreation and Entertainment L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eating & Drinkin2: Establishments L-2 L-2 L-2 w/Live Entertainment ZA ZA ZA (R) w/Alcohol ZA ZA ZA Food & Bevera2:e Sales ZA ZA ZA Hospitals and Medical Clinics -PC PC Laboratories p p p Maintenance & Repair Services p p p Marine Sales and Services p p p Nurseries p p p Offices, Business & Professional L-10 L-10 L-10 IC) Personal Enrichment L-9 L-9 L-9 Personal Services L-1 L-1 L-1 Quasi-Residential PC PC PC (J) Research & Development Services p p p Sex-Oriented Businesses (regulated by Ch. L-11 L-11 5.70) L-11 Sex-Oriented Businesses (regulated by Ch. PC PC (Q) 5.60) PC Swap Meets, Indoor/Flea Markets PC PC PC (P) Vehicle/Eauipment Sales & Services Service Stations L-4 L-4 L-4 Vehicle/Equipment Repair p p p Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Stora2:e, ImPOlmd Yards PC PC PC (T) Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(U)(W) Vehicle Storage, Recreational Vehicles P/ZA P/ZA P/ZA (H)(V) Visitor Accommodations ZA ZA ZA Warehouse and Sales Outlets L-8 L-8 L-8 Industrial (See Chapter 204) (B)(L)(M) Industrv, Custom p p p Industrv, General p p p Industry, Limited p p p Industrv, R & D p p p Wholesalin2:, Distribution & Stora2:e 150,000 square feet or less p p p Greater than 150,000 square feet p p ZA RT Flex Space --p 25-15852/368430 3 101 ORDINANCE NO. 4333 Additional IG IL RT Provisions Alcoholic Beverage Manufacturing p p p (L-13 ) Accessory Uses Accessory Uses and Structures P/U P/U P/U (C) Temporarv Uses Commer cial Filming, Limited p p p (S) Real Estate Sales p p p Trade Fairs p p p (E) Nonconforming Uses l(F) SECTION 2. A ll other provisions of Chapter 2 12 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Counci l of the City of Huntington Beach at a regular meeting ther eof held on the __ day of _______ , 2025. Mayor ATTEST: APPROVED AS TO FORM: (lL:✓lL City C lerk CityAtlorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 25 -1 5852/368430 4 102 LEGISLATIVE DRAFT HBZC CHAPTER 212 Chapter 212 212.04 IG, IL, and RT Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P " designates use classifications p ermitted in the Industrial Districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provi sions" which follow. "PC" designates use classifications permitted on approval of a conditional u se permit by the Planning Commission. "ZA" designates use classifications pe1mitted on approval of a conditional use pe1mit b y the Zoning Administrator. "TU" designates use classifications a llowed upon approval of a temporary us e permit by the Zoning Administrator. "P/U" for an accessory use means that the use i s pe1mitted on the site of a pe1mitted use, but requires a conditional use permit on the site of a conditional use. "Neighborhood Notification" refers to use classifications that require an Administrative Pe1mit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this zoning code. Where letters in parentheses are opposite a use classification heading, referenced prov i sions shall apply to all use classifications under the heading. IG, IL, and RT Districts: Land Use Controls P = Pe1mitted L = Limited (see Additional Provi sions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use p ermit approved by Z oning Adminis trator TU= Temporary use permit P/U = Requires conditional use permit on site of conditional u se -= N ot Pe1mitted 103 Additional IG IL RT Provisions Residential Groun Residential PC PC PC (I) Public and Seminublic (A)(L) Communitv and Human Service Facilities p p p (K) Dav Care, General ZA ZA ZA Helinorts PC PC PC (N) Maintenance & Service Facilities ZA ZA ZA Public Safetv Facilities p p p Reli,;,ious Assemblv ZA ZA ZA Schools, Public or Private L-6 L-6 L-6 Utilities, Maior PC PC PC Utilities, Minor L-7 L-7 L-7 (0) Commercial Uses (D)(L) Ambulance Services ZA ZA ZA Animal Sales and Services Animal Boarding ZA ZA ZA Animal Hosnitals ZA ZA ZA Artists' Studios p p p Banks and Savin,;,s and Loans L-1 L-1 L-1 Building Materials and Services p p p Caterin,;, Services -p p Conunercial Filmin,;, ZA ZA ZA Commercial Recreation and Entertaimnent L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eatin,;, & Drinkin11 Establislunents L-2 L-2 L-2 w/Live Entertaimnent ZA ZA ZA 'R) w/Alcohol ZA ZA ZA Food & Bevera11e Sales ZA ZA ZA Hosnitals and Medical Clinics -PC PC Laboratories p p p Maintenance & Renair Services p p p Marine Sales and Services p p p Nurseries p p p Offices, Business & Professional L-10 L-10 L-10 C) Personal Enriclunent L-9 L-9 L-9 Personal Services L-1 L-1 L-1 nuasi-Residential PC PC PC (J) Research & Develonment Services p p p 104 Additional IG IL RT Provisions Sex-Oriented Businesses (regulated by Ch. L-11 L-11 5.70) L-11 Sex-Oriented Businesses (regulated by Ch. PC PC (Q) 5.60) PC Swap Meets, Indoor/Flea Markets PC PC PC rp) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 L-4 Vehicle/Equipment Repair p p p Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Storage, Impound Yards PC PC PC (T) Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(U)(W) Vehicle Storage, Recreational Vehicles P/ZA P/ZA P/ZA 1H)(V) Visitor Accommodations ZA ZA ZA Warehouse and Sales Outlets L-8 L-8 L-8 Industrial (See Chapter 204) (B)(L)(M) Industrv, Custom p p p Industrv, General p p p Industrv, Limited p p p Industrv, R & D p p p Wholesaling, Distribution & Storage 150,000 square feet or less p p p Greater than 150,000 square feet p p ZA RT Flex Space - - p Alcoholic Beverage Manufacturing p p p 'L-13) Accessorv Uses Accessorv Uses and Structures P/U P/U P/U (C) Temporarv Uses Commercial Filming, Limited p p p 'S) Real Estate Sales p p p Trade Fairs p p p 'E) Nonconforming Uses (F) IC, IL, and RT Distriets: ,\dditienal Previsions L 1 Only allowed upon approval of a eonditional use permit by tile Zoning Administrator fur a mixed use project, subjeet to tile fullowing requirements: A. Minimum site area: three acres. 105 B. Maximum commercial space: 35% of the gross floor area and 50% of the ground floor area of buildings fronting on an aiierial highvt1ay. C . Phased development: 25% of the initial phase must be designed for industrial occupancy. For prajects over 500,000 square feet, the initial phase must include five percent of the total amount of industrial space or 50,000 squai·e feet of industrial space, whichever is greater. L 2 Permitted only when designed and operated for principal use by employees of the SlliTounding industrial development as an ancillat)' use to a primary industrial use. When designed for general public use, permitted after considering vehicular access and complying 1.vith minimum parking requirements. L 3 R~served. L 4 Only fueling stations offering services primarily oriented to businesses located in an Industrial District ai·e allowed 1.vith a conditional use permit by the Plar~'1ing Commission. L 5 No new or used automobile, truck or motorcycle retail sales are permitted. L 6 Only schools offering higher education curriculums rn·e allowed with conditional use permit approval by the Planning Commission. No elementrn·y or secondary schools are pe1mitted. L 7 R~cycling operations as an access01)' use are peimitted if more than 150 feet from R districts; recycling operations as an accessory use less than 150 feet from R districts or recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. See Section 230.44 , R ecycling Operations. L 8 Allov,red upon conditional use pe1mit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor rn·ea and the remaining 5% may be occupied by secondm)' tenants. L 9 Permitted if the space is 5,000 square feet or less; allowed by conditional use permit from the Zoning Administrator if the space is over 5,000 square feet. L 10 Accessory administrative, management, regional or headquarters offices incidental to a primary industrial use within the IG and IL Districts m·e limited to 10% of the floor rn·ea of the primm)' industrial use. Access01)' office uses incidental to a primary use within the Rf District m·e limited to 30% of the floor area of the primffi)' use. Accessory office spaces e>weeding the limits above shall require a conditional use permit to the Zoning Administrator supported by a prn·king demand study for all uses on site. Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, e>wept for on site leasing offices, rn·e not permitted in any Industrial Disu·ict. 106 L 11 Allowed subject to the following r e quirements: 1\.. A proposed se)c oriented business shall be at least 500 feet from any residential use, school, park and recreational facility, or any building used for religious assembly (collectively referred to as a "sensitive use") and at least 750 feet from another se)c oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed se)c oriented business to the lot line of the sensitive use or the other SC), oriented business. The term "residential use" means any property :wned RL, RM, R}.ffi, RH, R}.4P, and any propeiiies 1n1ith equivalent designations under any specific plan. To determine such distances the applicant shall submit for reviev,r a straight line drawing depicting the distances from the lot line of the parcel of land on 1.vhich the se>, oriented business is proposed 1.vhich includes all the proposed parking and: 1. The lot line of any other sex oriented business within 75 0 feet of the 1 et line of the proposed se>, oriented business; and 2. The lot line of any building used for religious assembly, school, or park and r ecreational facility 1.vithin 500 feet of the lot line of the proposed se)c oriented business; and 3. The lot line of any parcel of land :con ed RL, RM, R}.ffi, RH, and R}.4P and any parcels of land with equivalent designations under any specific plans within 500 feet of the lot line of the proposed se)c oriented business. B. The front fa9ade of the building, including the entrance and signage, shall not be visible from any major, primary or secondruy ru-terial street as designated by the circulation element of the General Plan adopted May 1996, with the exception of Argosy Drive. C . Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Community Development Depruiment staff revie1.v of a se)c oriented business :coning p ermit with the drai.ving described in subsection A, a technical site plan, floor plans ru1d building elevations, and application fee. Within 10 days of submittal , the Di.rector shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within 10 days. Within 30 days of receipt of a completed application, the Director shall dete1mine if the application complies vt'ith the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 23 0, Site Standru·ds; Chapter 231, Off Street Pru·king and Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. 2 . Section 233.08 (B), Signs. Signage shall conform to the standru·ds of the Huntington Beach Zoning and Subdivision Ordinance except: 107 a. Such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, 1.vhether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and b. Only the smallest of the signs p ermitted under Section 233 .08(B) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the circulation element of the General Plan adopted May 1996, vlith the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 22Q. D. The Director shall grant or deny the application for a seJc oriented business z;oning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial revie,v. E. Ten \vorking days prior to submittal of an application for a seJc oriented business wning pe1mit for staff review, the applicant shall: (1) cause notice of the application to be printed in a newspaper of general circulation; and (2) give mailed notice of the application to property owners \Vithin 1,000 feet of the proposed location of the seJc oriented business; and (3) the City of Huntington Beach, D epartment of Community Development by first class mail. The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed seJc oriented business, including street address (if known) and/o r lot and tract number; 3. Nature of the seJc oriented business, including maximum height and s quare footag e of the proposed de velopment; 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; 5. The date by which any comments must be received in \Vriting by the Depaiiment of Community Development. This date shall be 10 working days from staff review submittal; and 6. The address of the Depai·tment of Community Development. F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign pe1mit pursuant to Chapter 233. 108 G . fi seJE: · .1 , i. onenteu business zonin . date of approval un1 . g penrut shall become n 11 d . ess. u an vmd one year after its 1. . Construction has commenced . ·.vruchever comes first· or or a certificate of occupanc:v has b . ' J een issued, 2. The use is established . H. The "alid'ti. f · ~h/ 0 a seJ{ oriented b · . m ownership or proprietorshi . ,,.usmess zorung permit shall not the Direaler ef the t, ji p pt0,1ded tliat the HeW ewne ~e afleeled l,y elaa!!ges ans~. r or propnetor promptly notifies ~-. A se~ oriented business zonin . 1s discontmued for 12 . g permit shall lapse if the . . . consecutive months. eJcmc1se of nghts granted by it L 12 For 1vvireless conununicat· ... Facilities. All other com . w_n famhties see Section 230 96 ur 1 .murucat10n facilities permitted. . , wife ess Communication L 13 A 1 h 1· n1co o 1C Beverage M fr . . anu actunng Requirements. 1. Alcoholic Beverage Manu . · nnang for public sales or service are permitted . facturmg uses without eating and d . ·u . 2 A • • 1 1. mronmum I 000 , square f; t f · busi_ness shall be permitted th.re ~e o ~doo_r ~d/or outdoor eatin an NollfiOO!iea p.....,aat le Cl, t Hg),""' ,dtrumslroti¥e Pemiil ,.,jthgN _d :nal<mg area pe, ap er 241. n e1g borhood 3 · Indoor and/ d bus·or out oor eating and drinl. mess shall require a cond'f 1 -Ong areas greater than 1 000 i wna use permit by the z . A • ' • square feet per ( • ) R onmg ' .dmmislrolor 1 1. epealed. · EB1 6 d' · , .. con itional use permit from th . enlargement of an existin e Zornng Administrator is re . loealed within 150 reet of use, or e,nerier alteratioHS and additio ~d re, Bflj' new use Of no Sllbstamial e!ian . an R chs!£1ct. The Diree!O< ma . , . , . ,, flS ~• an e<islmg use prnperty in an R Di~::::, the eliaraeler of the use wl>ieh =o~: :::a t!Hl, ~qulfemellt if the,e is · ~c a Jacent residential (q Accessory office uses . . of the primru , . d . gr eatel than the ma'Glllurn 11 Mministral~ :::::~ use :all require a eo~itional ::;;n=.e:entage of tlae floor a,ea parki,ig re, aH use, eenla:~d ::;"' s;udy demo-aliflg tlae a~ Pthe}Offiftg . 1 e. ro v1s1on of on site (D1 In IG and IL Districts onl , co . office, not to exceed 250 Y, mmercial space excludin b . eonditiOflal use pefffiit~'o of te floor area oftlae primary iruig :'.'~"'.'" oruJ proressioeal om h e Zonm g Administrator, provi:sd ~ u~e: i~ allov1ed with a e at it is mtended primarily 109 to serve employees of the industrial use, no eJCterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, and the primary industrial fronts on an rn:terial. (E) See Section 241 .22, Temporrn:y Use Permits. (F) See Chapter 236, Nonconforming Uses and Structl:Ji'es. (G) R~served. (H) Permitted pursuant to an i\.dministrative Peimit if the property is 300 feet or more from a parcel used or zoned for residentia l development. Pe1mitted pursuant to a conditional use pe1mit from the Zoning Administrator if less than 3 00 feet from a parcel used or zoned for residential development. (I) Limited to facilities serving vmrkers employed on site. (J) Limited to single room occupancy uses. (See Section 230.46.) (K) Limited to emergency shelters. (See S ection 230.52, Emergency Shelters.) (L) Devel opment of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the e>usting building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a pe1mitted use r equires approval of a conditional use pennit from the Zoning Administrator. The Community Devel opment Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (M) Major outdoor operations require conditional use permit approval by the Planning Commission. Maj or outside operations include storage yards and uses utilizing more than one third of the site for outdoor operation. (N) See Section 230.4 0 , Helicopter Takeoff and Landing Areas. (0) See Section 230.44 , Recycling Operations. (P) See Section 230 .50, Indoor Sv,ap Meets/Flea Mrn·kets. (Q) See L 11 (A) relating to locational r es trictions. (R) Non amplified live entertainment greater than 300 feet from a residenti al zone or use shall be permitted without a conditional use permit. Neighborhood Notification requirements when no entitlement required pursuant to Chapter 241. 110 (S) Sub:ject to approval by the Police Depmiment, Public 'Narks Department, and Fire Depmiment and the Community Development Director. (T) In all districts, storage areas shall be screened from viev, on all sides by a solid wall made of either block, masorn·y , wood, vinyl or other similar material. The wall shall not be less than si>c feet in height and set back a minimum 10 feet from abutting streets with the entire setback m·ea permanently landscaped and maintained. (U) In all districts, storage areas shall be screened from view on all sides adjacent to a public right of way by a solid wall made of either brick, block, masomy, v,rood, vinyl or other similm· material. The wall shall include a minimrnn 10 foot return on all sides. The wall shall not be less than si>c feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (V) In all districts, storage areas shall be screened from viev,r on all sides adjacent to a public right of way by a solid 1tvall made of either block, masorn:y, wood, vinyl or other similar material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than sue feet in height and set back a minimum 10 feet from abutting streets with the entire setback m·ea permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process. (W) Auto storage uses on public agency owned property shall be permitted by right pursuant to submittal of a Pm·king Area Plan. See Section 23 1.26. 111 ORDINANCE NO. 4332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 SITE STANDARDS OF THE HUNTINGTON BEACH ZONING CODE AND SUBDIVISION ORDINANCE BY ADDING NEW SECTION 230.54 ENTITLED "SMOKE OR TOBACCO SHOPS" (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-00 I, which amends Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance involving Citywide site standards; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I. Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add new Section 230.54 Entitled "Smoke and Tobacco Shops" to read as follows: 230.54 SMOKE OR TOBACCO SHOPS APPLICABILITY. This section applies to all smoke or tobacco shops permitted within this Zoning and Subdivision Ordinance and for all applicable areas located within specific plans, subject to the following requirements: A. Definitions. Smoke or Tobacco Shop. Any premises dedicated to the display, sale, distribution, delivery, or offering of tobacco, tobacco products, or tobacco paraphernalia, except grocery stores, supermarkets, convenience stores, or similar uses that only sell conventional cigars, cigarettes, e-cigarettes or tobacco as an accessory tobacco sale use. "Accessory tobacco sale use" means an accessory use at a grocery store, supermarket, convenience store, or similar primary use, where no more than ten percent ( I 0%) of a business' floor area is devoted to sales, display, and storage of conventional cigars, cigarettes, e-cigarettes or tobacco. Tobacco paraphernalia. Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. 112 ORDINANCE NO. 4332 Tobacco product. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. Youth-populated area. A parcel in the City that is: 1. Occupied by a private or public kindergarten, elementary, middle, junior high, or high school; 2. Occupied by a licensed child-care facility or preschool as defined in California Health and Safety Code Section 1596.78; 3. Occupied by a library open to the public; 4. Occupied by a playground open to the public; 5. Occupied by a youth center; 6. Occupied by a recreational facility open to the public; or 7. Occupied by a park open to the public. B. Minimum Standards. Other Regulations. Compliance with all other state and federal laws regulating smoke or tobacco shops. Residential Zone. Smoke or tobacco shops shall not be pe1mitted in any locations zoned exclusively for residential uses. Adjacent Uses. No smoke or tobacco shop shall be located within 1,000 feet of a hospital or youth-populated area. The distance requirement shall be measured by a straight line from the nearest point of the property line of the site of a youth-populated area to the nearest point of the prope11y line of the site of the applicant's business premises. Concentration of Uses. No smoke or tobacco shop shall be located within 1,000 feet of another smoke or tobacco shop. The distance requirement shall be measured by a straight line from the property lines of each use. No Smoking on Premises. No smoking shall be permitted on the premises at any time. Windows and Lighting. No more than 20% of the visible area ofa window shall be obscured and adequate interior lighting levels shall be maintained during business hours to maintain clear visibility of tobacco shop operations from the exterior of the tenant space. 2 25-15852/368428 113 ORDINANCE NO. 4332 Signage. Smoke or tobacco shops shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke or tobacco shop. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage. Nonconforming Retailers . Existing smoke or tobacco shops that do not comply with this chapter may remain on site after the effective date of the ordinance and shall not be resumed, r eestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use. See Chapter 236, Nonconforming Uses and Structures. SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full force and effect. SECTION 3. This ordinance s ha ll become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2025 . Mayor ATTEST: APPROVED AS TO FORM: t 1 ,:,, lJ .:::= _ City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 3 25-15852/368428 City Council Meeting – Council Member Items Report To: City Council From: Casey McKeon, Council Member Date: September 3, 2024 Subject: Est ablish Tobacco Retailer Regulations 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT Tobacco use is the most preventable cause of disease, disability, and death in the United States; nearly one in five deaths in the U.S. can be attributed to cigarette smoking. Statistics show that tobacco product use is started and established primarily during adolescence. In 2023, 10 percent of middle and high school students reported current tobacco product use. E-cigarettes remained the most used tobacco product among youths. Among middle school and high school students who currently use e-cigarettes, 25.2 percent used e-cigarettes daily, and 89.4 percent used flavored e-cigarettes. The density of tobacco retailers, particularly in neighborhoods surrounding schools, has been associated with increased youth smoking rates. Studies further show that 41 percent of U.S. teens lived within .5 mile of a tobacco retailer and 44 percent attended schools within 1,000 feet of a tobacco retailer. Frequent exposure to tobacco retail displays has also been associated with increased smoking initiation among youth and negative impact on tobacco quit attempts. To reduce illegal sales of tobacco products to minors, California has recently passed policies to further regulate the sale of tobacco in the retail environment. Many cities and counties have passed additional policies to implement state laws and regulations. Some jurisdictions have placed restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers. Several residents have reached out to me expressing concern over the proliferation and cluster of tobacco retailers, especially near youth populated areas. The Huntington Beach Zoning and Subdivision Ordinance (HBZSO) does not explicitly identify tobacco retailers (including smoke or tobacco shops) within the land use tables in the City’s zoning districts; therefore, these uses may be permitted as general retail uses which are allowed by right. In light of the above statistics, the City should adopt an ordinance to regulate these uses by: • Defining the uses to be regulated o Define “tobacco retailers” o Define “tobacco product or paraphernalia” o Define "youth-populated area” 114 •. CITY OF _ HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov • Establishing minimum zoning standards for the land uses o Prohibit new tobacco retailers at any location exclusively zoned for residential use o Prohibit new tobacco retailers within a certain distance of youth-populated areas, including schools o Establishing minimum distance requirements between tobacco retailers RECOMMENDED ACTION Direct the City Manager to work with the City Attorney to prepare an Ordinance for introduction at a future City Council Meeting to amend the HBZSO to establish regulations for tobacco retailers Citywide. ENVIRONMENTAL STATUS This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has not potential for resulting in physical change to the environment, directly or indirectly. STRATEGIC PLAN GOAL Non Applicable - Administrative Item 115 PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Jennifer Villasenor, Director of Community Development BY: Joanna Cortez, Principal Planner SUBJECT: ..title ZONING TEXT AMENDMENT NO. 25-001 (SMOKE/TOBACCO SHOP REGULATIONS) REQUEST: To amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to primarily introduce regulations for smoke/tobacco shops. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is also being amended to remove duplicate text. LOCATION: Citywide ..body APPLICANT: City of Huntington Beach PROPERTY OWNER: Various RECOMMENDATION: ..recommendation That the Planning Commission take the following actions: A) Find the project exempt from additional environmental review pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. B) Recommend approval of Zoning Text Amendment (ZTA) No. 25-001 to the City Council with suggested findings (Attachment No. 1). ..end ALTERNATIVE ACTION(S): A) Recommend denial of Zoning Text Amendment No. 25-001 with findings for denial; or B) Continue Zoning Text Amendment No. 25-001 and direct staff accordingly. PROJECT PROPOSAL: 116 Background: To reduce illegal sales of tobacco products to minors, California has passed policies to further regulate the sale of tobacco in the retail environment. Many cities and counties have passed additional policies to implement state laws and regulations. Some jurisdictions have placed restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers . In an effort to prevent the proliferation and cluster of smoke or tobacco retailers, especially near youth populated areas, the City Council directed staff (Attachment No. 6) to draft the necessary amendments to the HBZSO to define and add regulations for smoke/tobacco shops within the City. ZTA No. 25-001 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to add regulations for these uses: Chapter 204 (Use Classifications) Chapter 211 (C Commercial Districts) Chapter 230 (Site Standards) In addition to the proposed regulations, this ZTA also includes an amendment to Chapter 212 (I Industrial Districts) unrelated to smoke/tobacco shops. This portion of the ZTA will remove duplicative text within this chapter. Draft City Council ordinances with legislative drafts of the amendments to each chapter are provided (Attachment Nos. 2-5). In the legislative drafts, bold and underlined indicates new text; strikeout indicates removal of text. ISSUES AND ANALYSIS: General Plan Conformance: The proposed zoning text amendment is consistent with the goals and policies of the City’s General Plan including: Land Use Element: Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is con sistent with the overall goals and needs of the community. Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoo ds by avoiding encroachment of incompatible land uses. 117 Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that will ensure new shops are compatible with surrounding uses. The proposed regulations will restrict smoke/tobacco shops to commercially zoned properties while prohibiting them in any primarily residentially zoned areas. Smoke/tobacco shops will be required to maintain a 500-foot separation from sensitive uses, such as hospitals and youth-oriented areas, as well as other smoke/tobacco shops. The proposed regulations will continue to allow tobacco/smoke shops to operate in designated areas of the city while meeting the community’s desire of limiting the overexposure of this use to young people. The proposed amendment to Chapter 212 will removed duplicative text only and does not propose any changes to the land use controls or development standards of that chapter. Zoning Compliance: Zoning Text Amendment The following analysis provides a review of the proposed amendments in two sections consisting of an introduction of regulations for smoke/tobacco shops and minor language cleanup to delete duplicate information. A. Smoke/Tobacco Shops The HBZSO does not explicitly identify tobacco retailers (such as smoke/tobacco shops) within the land use tables in the City’s zoning districts; therefore, these uses may be permitted as general retail uses which are allowed by right, with no additional regulations. The proposed ordinance regulates smoke/tobacco shops by amending three sections of the HBZSO, as discussed below. Section 230.54 Smoke or Tobacco Shops In effort to address the issues raised by the City Council such as concerns with high concentrations of smoke/tobacco shops adjacent to residential and youth populated area, a new code section was added to Chapter 230 (Site Standards) to introduce standards for smoke/tobacco retail shops. These standards include: Specifying the allowable locations/zones for shops (Commercial General and Commercial Visitor zones as well as applicable commercial areas within specific plans) Prohibiting use in locations zoned exclusively for residential uses 500-foot separation from youth-populated areas and sensitive uses (hospitals) 500-foot separation between other smoke/tobacco businesses to minimize an overconcentration 118 Defining items applicable to smoke/tobacco shops such as “tobacco paraphernalia”, “tobacco product” and “youth-populated areas” Prohibiting smoking on premise Window and lighting standards for improved visibility Additional signage prohibiting minors Process for non-conforming shops These new standards will continue to permit smoke/tobacco shops with regulations that ensure these uses are limited to commercial zones, away from residentially zoned areas. The proposed distance requirements will guarantee adequate separation from areas used by children and between other smoke/tobacco shops. Limiting the proximity of smoke/tobacco shops to youth-populated areas and similar retailers are place-based strategies recommended by health advocates to limit youth exposure to tobacco products. The new definitions will provide guidance in identifying the allowable items that may be sold within smoke/tobacco shops. “Youth-populated areas” are also defined in this amendment to list the areas which have a 500-foot distance requirement from smoke/tobacco shops. Some of these areas include all PreK -12 schools, child-care facilities, libraries, and parks. Windows and lighting standards have been added to ensure windows are not covered more than 20% and adequate lighting is available to see the interior of a store from the exterior. Clear signage will be required to be posted in these shops to prohibit unaccompanied minors from entering these businesses. Smoking on the premises is also prohibited with this amendment. Finally, non-conforming shops will be permitted to remain unless the smoke/tobacco shop changes use or is abandoned or discontinued for six months as described in Chapter 236 (Nonconforming Uses and Structures) of the HBZSO. Section 204.10 Use Classifications The use classification of Retail Sales has been amended to include a separate listing for smoke/tobacco shop for the purposes of identifying allowable land uses subject to the smoke/tobacco shop regulations proposed in this amendment. Section 211.04 CO, CG, and CV Districts – Land Use Controls The land use control table has been amended to reflect the areas where smoke/tobacco shops may be permitted subject to the new regulations. B. Language Clarification and Cleanup The following item is amended for cleanup purposes unrelated to smoke/tobacco shops. 119 Section 212.04 IG, IL, and RT Districts – Land Use Controls The provisions listed after the land use control table of this section of the HBZSO have been deleted as they already exist in the following section of the code, Section 212.05 Additional Provisions. Environmental Status: ZTA No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Coastal Status: The proposed amendment will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Other Departments Concerns and Requirements: The proposed amendments to the City’s existing ordinance were prepared with input from the City Attorney’s Office and the Code Enforcement Division. Public Notification: Legal notice was published in the Huntington Beach Wave on Wednesday, January 22, 2025, and notices were sent to individuals/organizations requesting notification (Planning Division’s Notification Matrix). In lieu of sending notices to all property owners within the City, a minimum 1/8 page advertisement was published. As of February 4, 2025, no communication regarding this request has been received . SUMMARY: Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment No. 25-001 with suggested findings and forward to the City Council based on the following: It addresses a community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth populated areas; Cleans up the HBZSO to improve clarity; and Consistent with General Plan goals and policies. ATTACHMENTS: 1. Suggested Findings of Approval – ZTA No. 25-001 2. HBZSO Chapter 204 (Use Classifications) – Draft Ordinance and Legislative Draft 3. HBZSO Chapter 211 (C Commercial Districts) – Draft Ordinance and Legislative Draft 4. HBZSO Chapter 212 (I Industrial Districts) – Draft Ordinance and Legislative Draft 5. HBZSO Chapter 230 (Site Standards) – Draft Ordinance and Legislative Draft 6. City Council H-Item dated September 3, 2024 7. PowerPoint Presentation 120 From:Amory Hanson To:De Coite, Kim Subject:Supplemental Communication to Huntington Beach Planning Commission Date:Monday, February 10, 2025 6:26:57 PM You don't often get email from amory.hanson2016@gmail.com. Learn why this is important I would like to express my support for the tobacco regulations zoning text amendment. Sincerely Yours, Mr. Amory Hanson 121 I ZONING TEXT AMENDMENT NO. 25-001 SMOKE/TOBACCO SHOPS April 1, 2025 122 REQUEST • Zoning Text Amendment (ZTA) No. 25-001: • Amend four chapters of the HBZSO • Smoke/Tobacco Shop Regulations • Define Smoke/Tobacco Shop • Prevent overconcentration of use • Reduce exposure to sensitive uses • Chapter 212 - Delete duplicate text 123 PURPOSE & BACKGROUND • Cities and counties have passed additional policies to implement state laws and regulations regarding tobacco retailers • Many jurisdictions restrict: • What retailers may sell • Where retailers may be located • Counter efforts to attract new (younger) customers • HBZSO does not identify tobacco retailers (smoke/tobacco shops) • Permitted by right • City Council directed staff to draft standards to regulate these uses •Public hearing held February 11, 2025 124 SMOKE/TOBACCO SHOPS • Section 204.10 Use Classifications • Retail Sales amended to include the definition of smoke/tobacco shop • Identify use • Establish what may be sold under use classification • Section 211.04 CO, CG, and CV Districts - Land Use Controls • Land use control table amended to identify where smoke/tobacco shops may be permitted 125 SMOKE/TOBACCO SHOPS CONT. • Section 230.54 Smoke/Tobacco Shops • Added standards to regulate newly defined Smoke/Tobacco Shops • Definitions • Lists items sold in shops • Defines youth-populated area • PreK-12 schools; child-care facilities, libraries; parks; youth centers (e.g. – Boys & Girls Club) • Location: • Limited to commercial zones; residential zones prohibited • Will continue to be allowed in zones where they are currently allowed • 1,000-foot separation from hospitals and youth-populated areas 126 SMOKE/TOBACCO SHOPS CONT. • Section 230.54 Smoke/Tobacco Shops • Site Standards • Signage to prohibit minors • Visible window area and interior lighting • Smoking prohibited on premise • Nonconforming Shops • Permitted unless • changes use; cannot revert back • abandoned or discontinued for six months 127 NOTICE CHILDREN UNDER18 MUST BE ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN RECOMMENDATION • Planning Commission and Staff recommend approval of Zoning Text Amendment No. 25-001 based on the following: • Consistent with General Plan goals and policies. • Cleans up the HBZSO to improve clarity; • It addresses community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth populated areas 128 Questions? 129 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-195 MEETING DATE:4/15/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Kriss Casanova, Economic Development Manager Subject: Approve and Authorize Execution of a Lease Amendment with the State Lands Commission and an Agreement with the California Coastal Commission for the Development of a New Restaurant at 21 and 22 Main Street on the Huntington Beach Pier Statement of Issue: City Council approval is requested for two agreements required to advance the development of a new restaurant at 21 and 22 Main Street on the Huntington Beach Pier: 1. State Lands Commission Lease Amendment - Because the City leases the pier from the State of California, any sublease (including this one for a restaurant) must receive formal approval. This amendment updates the City’s master lease with the State to reflect the sublease with Surf City Partners, LLC. 2. Agreement with the California Coastal Commission - Required by the Coastal Development Permit (CDP), this agreement ensures that if the restaurant’s sublease ends in the future, the property will remain subject to all applicable coastal development regulations. These agreements are procedural but essential for construction to proceed. The project, led by Surf City Partners, LLC (SCP), includes a full-service restaurant with outdoor dining, upgraded public restrooms, and a bait-and-tackle shop. Approval will ensure the project complies with State oversight and supports responsible use of public land. Financial Impact: There is no financial impact associated with approving these agreements. Recommended Action: A) Approve and authorize the Mayor to execute the “Amendment of Lease 6616” with the State of California State Lands Commission, updating Exhibit C-3 (Sublease Endorsement). B) Approve and authorize the Mayor and City Clerk to execute the “Agreement Pursuant to Special City of Huntington Beach Printed on 4/9/2025Page 1 of 3 powered by Legistar™ 130 File #:25-195 MEETING DATE:4/15/2025 B) Approve and authorize the Mayor and City Clerk to execute the “Agreement Pursuant to Special Condition No. 10(B) of CDP 5-22-0804 Between the City of Huntington Beach and the California Coastal Commission.” Alternative Action(s): Do not approve and direct staff accordingly. Analysis: Pier Ownership and Jurisdiction The Huntington Beach Pier is located on tidelands held in trust by the City for the State of California and is leased to the City under Lease No. 6616, a General Lease - Public Agency Use. The State Lands Commission (SLC) oversees this lease and ensures that uses of State-managed lands remain consistent with the public trust doctrine, which prioritizes public access, recreation, and environmental stewardship. Because of this, any sublease or development on the pier, such as a restaurant, requires approval by the State. Additionally, development within non-certified areas of the coastal zone is governed by the California Coastal Act and subject to regulation by the California Coastal Commission, which enforces conditions that protect visual resources, beach access, and public facilities. Although the City approved a sublease with Surf City Partners in October 2024, that approval alone is not sufficient. Two additional agreements must be approved to secure State concurrence: ·The State Lands Lease Amendment updates the City’s lease with the State to formally recognize the restaurant sublease and ensure alignment with public trust purposes. ·The Coastal Commission Agreement is required by Coastal Development Permit 5-22-0804 and ensures that if SCP’s sublease ends, the site continues to comply with all coastal development regulations. This preserves long-term public benefit and ensures environmental compliance. These types of agreements are standard for projects that improve public facilities like piers through private partnerships. Project Background In 2021, the City selected Surf City Partners, LLC (SCP) to revitalize an 800-square-foot concession space at 21 Main Street on the Huntington Beach Pier. The initial concept for a small food and beverage operation has since evolved into a more substantial project, including: ·A full-service restaurant with outdoor dining ·Renovation of the adjacent public restroom facilities ·A bait-and-tackle shop and associated storage In October 2024, the City executed a long-term sublease with SCP, which includes a base rent of $66,000 per year, escalating 3% annually, plus 3% of gross sales over $2 million. The sublease runs City of Huntington Beach Printed on 4/9/2025Page 2 of 3 powered by Legistar™ 131 File #:25-195 MEETING DATE:4/15/2025 $66,000 per year, escalating 3% annually, plus 3% of gross sales over $2 million. The sublease runs through 2043, with extension options available. Construction is expected to begin in fall 2025, with the restaurant anticipated to open in spring 2026. While SCP completes permitting, temporary summer 2025 activations may include a bait shop, hot dog cart, and pop-up retail to maintain pier activity. This public-private partnership advances multiple City goals by enhancing a high-profile location on the pier, improving public amenities, and promoting economic activity. The project will: ·Enhance the visitor experience with new dining options ·Activate a long-vacant and underutilized pier location ·Upgrade public restrooms in partnership with the restaurant ·Support fishing, recreation, and tourism through the bait-and-tackle shop Approval of the lease amendment and agreement with the Coastal Commission will ensure that these benefits are delivered in a way that respects the City’s lease obligations, complies with State regulatory frameworks, and upholds responsible stewardship of coastal lands. Environmental Status: The request for the City Council to approve the subject lease agreement is covered by the General Rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. It should be noted that construction and operation of the project was analyzed and findings made pursuant to CEQA under Conditional Use Permit No. 22-012. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. State of California State Lands Commission Amendment of Lease 6616 2. Agreement pursuant to Special Condition No. 10(B) of CDP 5-22-0804 Between the City of Huntington Beach and the California Coastal Commission 3. PowerPoint Presentation City of Huntington Beach Printed on 4/9/2025Page 3 of 3 powered by Legistar™ 132 133 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA California State Lands Commission Attn : Land Management Division 100 Howe A venue, Suite 100-South Sacramento, CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 A.P .N .: 024-150-06; 024-281-14, -15 County: Orange SPACE ABOVE THIS LINE FOR RECORDER'S USE STATE OF CALIFORNIA STATE LANDS COMMISSION AMENDMENT OF LEASE 6616 WHEREAS, the State of California, acting through the STATE LANDS COMMISSION, hereinafter called Lessor, and the CITY OF HUNTINGTON BEACH, hereinafter called Lessee , have heretofore entered into an agreement designated as Lease 66 16 (Lease), authorized by the State Lands Commission on June 21, 2018, and executed by the State Lands Commission on August 30, 2018, whereby Lessor granted to Lessee a General Lease -Public Agency Use covering certain State lands situated in Orange County; and WHEREAS, Section 3, Paragraph 16 (e) provides that the Lease may be terminated and its terms , covenants and conditions amended, revised or supplemented only by mutual written agreement of Lessor and Lessee (hereinafter referred to as the Parties); and WHEREAS, Lessee has requested that the lease be amended to replace the existing Exhibit C-3, Sublease Endorsement, with a new Exhibit C-3, Sublease Endorsement; and WHEREAS, by reason of the foregoing, it is now the desire of the Parties to amend the Lease Page 1 of 3 Form51.16 (Rev. 4/24) 134 NOW THEREFORE, the Parties hereto agree as follows: 1 . Exhibit C-3, Sublease Endorsement is hereby replaced with a new Exhibit C-3, Sublease Endorsement, attached and made a part hereof. The effective date of this Amendment to the Lease shall be February 25, 2025 . This Amendment is a portion of Lease 6616 as amended, with a beginning date of June 21, 2018 consisting of three (3) sections with a total of (44) pages. All other terms and conditions of the Lease shall remain in full force and effect. Thi s Amendment will become binding on Lessor only when duly executed on behalf of the State Lands Commission of the State of California. (Remainder of page left blank intentionally.) Page 2 of 3 Form51.16 (Rev . 4/24) 135 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates hereafter affixed. LESSEE: CITY OF HUNTINGTON BEACH By:---------- Pat Burns Title: Mayor Date: __________ _ LESSOR: STATE OF CALIFORNIA STATE LANDS COMM ISSION By:---------- Robert Brian Bugsch Title: Chief, Land Management Division Date: __________ _ Execution of this document was authorized by the California State Lands Comm ission on ___________ _ ATTACH ACKNOWLEDGMENT Page 3 of 3 APPROVED AS TO FORM By: p._.t,,~ P,-4-VMICHAEL J. VIGLIOTTA CITY ATTORNEY CITY OF HUNTINGTON BEACH Form5l. l 6 (Rev . 4/24) 136 Lease 6616 Exhibit C-3 SUBLEASE ENDORSEMENT State of California State Lands Commission Pursuant to Commission Item No. 41 dated February 25, 2025, the herein sublease between the City of Huntington Beach, and Surf City Partners, LLC , under a portion of State Lease 6616, is hereby approved effe ctive February 25, 2025. By: ____________ _ Robert Brian Bugsch, Chief Land Management Division 137 RECORDED AT THE:REQUEST OF AND WHEN RECORDED RETURN TO: 'City Clerk City of Huntington Beach 2000 Main Street Huntjngtqn Beach, CA 92648 (SPACE AaOYE THIS wm FOR RECORDER'S USE)"l'hl~ Release ofCQVCnant IJ·J'CCOrdcd 01· lhe .request-and for 1hc benefit ofihc Clty of Huntington Beich ·and Is e.xcmpt ft-om the payment of n iecorolng fee pwsuilnl 16 Government Code s«Hons ·6 I 03 and 27383 : LEASE.BETWEEN THE ClTY OF HUNTINGTON BEACII ANDSURFCITY P.ARTNERS,-.LLC IN THE CITY OF HUNTiNGTON BEACH THIS LEASE (the '!Lease") is mad~ and, entered into-effectiveQ;fu~ (st, 202tl by and between the CITY OF l{(JNTINOTON BEACH, a rnunicipalcorporation of the State of California ("City" and/Qr "Lessof') and Surf City Partners, LLC (''Lessee''). WH:EREAS, City wlshes ·to le~se certain real property (the "Property"), for the remod~t •. and n:ew construction of ah eating and drinking ¢StabHshm.ent use with alcohol sa.le~ an9 ·outqo9r dining-tu atl e:,dstlng retail pi:\d. ~tiil<Jing_(it Main'Stceet) with ancil_l~ry-sJo:rage anq bathroo~ uses (22 Main. Street) 01) the_ pier in the. City of Huntington Beach, California,_ :and other reiated itnprov~ments as folly described .in ConditiQnal U$e P.ermlt No. 2z:.012. dat¢d July 28; -2022; attachecf ·as Exhibit· ''A'; ·and subsequentlr updated in the California Coastal-Commission Notice oflntent to Issue Coastal Development Pennit No. 5-22~0804 herein referenced as Exh"ibit '·'B't. The term \'Premises" as us~d in this Lease ,shall mean ' both the P1·ope1'ty and the Improvements . . Lessee desires to lease the Prem1ses -in-'the manner set forth below. NOW, THEREFORE> the parties covenant and agree as .follows: SE.CTION 1. _APPROVAL REQUIRED BY OTHER AGENCIES the Le{>see is responsible for ens.urihg that they have·obtained all .necessary and requir~d permits from aU local, state, and applicable .federal agencies. The City has no responsibility under this Lease to -ed~cate or inform the Less~.e of.UIJ,y requfred ·state, local, orfe4eral permits 23°13638/3S2S06 138 required to operate the Premises. Any conditions of appl'Oval, imposed by the California Coastal Commission, State Lands Commission, or any other governmental agency that are more restrictive than those set forth in this lease shall b~ adhered to , PRIOR TO ISSUANCE OF TI-IE COASTAL DEVELOPMENT PERMIT, the :appUcant shall submit: (1), a copy of a recorded lease agreement, in a fonn and content acceptable to the Execµtive Director, between the Surf City Partners LLC ~nd the City of Huntingtoi1 Beach, incorporating aU of Q:ie above terms of subsection A of tliis condition, and (2)'a written agreement by the City of Huntington Beach,:in a form and content acceptable to the Executive Director', providing that upon terminntion of the -. . applt canf s subl!28.e of the property that is the subject of this coastal ·deyelopment permit, the City .of Huntington Beach -agrees (i) to be bound by the Standard an·d Special Con~itions referenced in subsection A of this ·condition If it becomes the Owner of the possessory interest_in such property, and (ii) to include a provision in any subsequent sublease of s(1ch property requiring the suplessee to submit a written agreement .to the Commission, for the re-v1~w and written approval of the Executive Direct9t·, incorporating all of the Standard and Special Conditions . The City and the Lessee .ac.knowiedge and agree -that, 'in approving .CDP 5-22-0804, the. California Coastal Commission authorized d(?velopm~nt on the Property subject to terms and conditions tha.t restrict the u.se an4 enjoyment of the Property (the Standard and Special Conditions) and thereby imposed those Stqndard a"dSpeeial Conditions as covenants, conditions and restl'ictions on the use and enjoyment of the Prop'erty. These covenants, conditions, and restrictions run with the land and will bind all future owners and posse_ssors of the Property for-as long as the development approved by CDP 5-22-0804 or any fol'llJ thereof t·emains in place. Any failure to abide by any condition of approval by any 80Vetnmental. ~gency or failure to obtain any nece ssary approvals or licenses_ may be seen as a. Jn.aterial breach .to this agreement. SEC'J,'ION 2. GRANT OF CONCESSION ·ON THE PREMISE$ City, pul'.suant to the terms of this Lea sel .grants to Lessee for the purposes stated herein, the riiht, p'rivflege anC;i duty to equip, operate; and trtaintain an eating:establishment with outdoor dining arid full alcohol on-site servke, a Walk . Up Window Service aitd/or Walkable f oods Catt,· an enclosed stornge area, und a bnit and tackle shop loc·ated on· the Premises (hel'einafter sometimes refem;d to as the "Concession,,}. Lessee will operate the eatfog establishment under .the name of Huntington's on the J>ier. Any 9hange to thls name will require approval l:>y tlie City, in its solq 2 2J-13638/lm06 139 discretion. The bait and tackle shop.must be named with prior City approval, in its sole discretio_n. Lessee shuU not use the Premises for any other purpose or business. A map depicting tlie Ptemises i.s set torth in Exhibit '''C", wh.ich is attache<l here.to and incorporated herein. by this referency . .Lesse~ shtdl not use · any iwea beyof\d the· Prem,ises. Outside storage of any kind is not permitted, FttJ:thennore, Lessee shall remove ~y m~rchandisefrom the Conces&i<m ~t,the ·written request of the .City Manager or his/her desig.nee~ This Leas~ds not intended. to confer third:..party b~nefici&ry status to anyone. SECTION.3. RESERVATIONS, ENCUMBRANCES AND RIGHTS-OF-WAY {a)' City expressly reserves a right to ent~r upon the. Premises with as·much ~dvance written, verbal or electronic notice,as. practical .to Lessee for ~Y reason associated with public health, safety or welfare, or for the protection .of life; limb pr-:prop~r:ty. In all other cases unless otherwise specifically set forth nerein,, City · reserves the right fot such entry, but City shall give Lessee ·at least twenty-four (24) hours advance written, verbal or electronic notice. City shall have a right o{ t·easonable access to tbe .Premise·s across Lessee owried, controlled or occupied .lands adjacent to the Premises, if-any,.for any purpose associated with this Lease. (b) ,City expresslr reserves ·the right to lease, convey, or ericumber the Prentises, i.n whole OJ in part; for any pu_rposo. not µi~onsistent or incomputibie with the rights or ptivjleges ~fLe$see under-\hisLease, In ac;ldition, Lessee agrees to.subordinate the Lease to !lny existing or future City financing regarding the Premises or any poition th¢reof. Le~see also agrees to cooperate and provide any doctJmentation necessary · for City to obtain any such financing. {c) This Lease 1s subject to pre-exisfo1g ·ccmtracts, lea~es! licenses, easements, encumbrances -and claims affecting the i>remisc;s and it i.s __ maqe without warranty · by City of title, condition or fitness pf the lan<,i for the §_fated · or intended u§e. _(d) Within fifteen (15) days of delivery by t~e City .to the. Lessee, the Lessee will 23·13638i3S2S06 . execute an SNDA (Subordination Non-Disturbance Attorrunent) Agreement in a form provided by the City , Failure -by Lessee to approve the:provided SNDA within 1 S days will be deemed to be approved by the Lessee. 140 SECTION 4. 1'IME OF ESSENCE Time shall be of the essence of this Lease and each and all of its terms, covenants or conditions in which performance is a factor. ·sECTlON 5. EVIDENCE OF FINANCING & COMPLETION .BOND Prior to the issuance ofBuildin~ Pennits, Lessee.sbalt ·provide wr itten evidence to City, in form and substance reasonably. acceptable to City, that Lessee ha~ obtained actual ·ot· commi_rted ftmds (throµglr actual contributions; ·pledges for contributions, debt financing ot· a" combination thereof) equal to l00% of.the Estimated Budget ·(Exhibit "0") to complete constmction of the Premi~es .substantially in accor~ance with the Approved Plans, provided thatcomm1tted funds muy not constitute more than fifty percent (50%) of the Estimated Budget. Fot· purposes of the foregoing, a "committed fund" shail mean a written p·ledge. from a per~on or-entity to contribute funds to Lessee ·over a period of -not more thnn five (5) yenrs for the purpose of funding the con$tmQtion 9f the Ptemis~_s. Prior to the issuance .of Building Permits; the Lessee will pl'Ovlde a Completfori Bond in favor-of the City in amount sufficient to build all of the ''Improvements" contemplated in the . Exhibit "E". The amoJ.1nt of the Completion Bond wnl not be less: than One Million Tl1t.-ee Hundred Thousand Dollars ($1,300,000.00) from the date of issuance of BuHding ·Permits, Such bon~J° shall provide thatln ~he· ~vent Lessee fails to compl<,te constru~tion of the Improvements,_ as · required by the l~as_~, within one year .from the date of issuance of building pet·mits, this failure ~hall be deemed a default under the lease and the City shall have the rig!1t,. not the obligation, to remove the Lessee and Lessee's contractor from the prem:is.es (ind di'aw orrthe· bond to coinple(e the.co-nstrucllon. SECTION 6. 1'ERM The initial t~rm of the_L~~se will co-terminate on June 20, 2043, with the .City's -Lease with the.State Lands Commission . SECTl0~.7. RENEWAL OPTION Lessee is:granted the .option t6 e~~en<l the ierm ,of this Leas·e for three (3) e:dendecJ te~s of ten ( I 0) years each, provided (a) Lessee is not in default at the time of e.x.ercise of t_he option, - (b) Lessee gives written nofic_e,6fi_ts exercise of.the option at least one hundred and eighty (180) days pdor to the ·expiration of the current term, or the extended term, of thct,ease; as applfoable,. and (c) the Lessor's "lease'' with the State Lands Commission is renewe9 l'~st Jun·e ·lO, Z043 ahd 4 2)-13633/)52506 141 ·allows for such _extension. The second and third Lease option will be a_t the mutual agreement of the Ci~ and Lessee. Lessot shall, within fo_rty-five ( 4S) days ofits t'eceipt of Lessee ,.s notice, notify. Lessee in writing ·of lts opinion conc·e.rning the proposed re~ewul ra_tej which shall be· the. fair market rental.-valu_e described in the' immediately· succeeding p~agraph1 and _the Le~ee shaJI, within ninety {90) days of its receipt of Lessor's notice ·ofthe -renewol cate, dul'ing which time Lessor and Lessee shall confer and attempt to reach an agreement regarding. the proposed renew;ll · rate, notify Lessor fa writing of its acceptance or rejection of the proposed rental rate. lf,Lessor , and Lessee are unable to mutually: agree on the renewal rate within such nin~ty (90) day period, then tht;, renewal options described in this pnragruph shall automatically terminate wiihottt t\uther notice. Each such ext~nsion tetm sha1I be upon the. same terms,.conditions, and rentals, except (i) Lessee shall have no further right of renewal after" the last extensiotf teftn pr~cribed above,. and (ii)'tlie Rentamountshnl.l be· increased to fair marketrental value of the Premises at the time Lesse·e . eiercises its eledi<>n. Fair market rental value of the Pre.mises for e~ch extension tenn ·will be determined by the parties, in their reasonable discretion and." upon their comhined good faith efforts, considering the rental market for comparable l~nd and lrnpl'Qvements in sµbs(at)tin)ly the · same condition, in c·omparable locations. Lease options will not extend beyond the City's lease term with.the statet and any ext~nsions ther~of. U~der no circum!)tances will the rerit ofany option period be less than l 0% greater than the Rent for the preceding period. SECTION 8. CONDITIONS OF PREMISES AS IS; The taking, of· possession of th~ Premises . by Lessee. sh~ll. in itself1 consti~(e acknowledgment that the Premises are in good and tenantable.conclttion. Upo.n takil1g possessi_on of the:Premises, Lessee a·grees to accept the Prentises'ih their presently existing condition, <~as is," and agr~es thatCi_ty shall not be obligated to make any-altetations, additions o.r betterments thereto , S.E!CTION 9. DURATION OF PUBLlC.FACIUITIES By entering into this Leas~ • .City mukes no -stlptilation as. to_ the type, size, location 9r dur~tjon of _public facilities (exclqding the Premise~), including, without limitation, any City parking lots -to be maintained on property ovroed, contl'olled or occupied by City . SEC'.(ION 10. .ADDITIONS, ALTERATIONS AND REMOVAL :(a) Ci_ty hereby approves "Lessee making ·the improvements and alterations to the Ptcm_is¢s describeg in Exhibit ''E" her~to ; No other modifications,_ alterations or s 23,13638/JS2S06 142 additions to the Premises, including, without limitation, construction of ~•improvements'' or change~ to structural design 01· extedo_r fu.mishings shall be constructed or made by Les&ee without Lessee first obt~µiing the prior written approval of City. Manager. Additionally, Lessee must ~omply with the foll_owing conditions: 1. Lessee musrmaintain no less than the·same·numbe1·:of existing plumbing fixtures· and restroom :facilities in service or provide eq_uivalent facilities during construction during peak season troJ11 May 15 through·.october 15. During the off season from October 16 tbrou$h May 14 Lessee must maintain no less than four (4) •·estroom facilities (including sinks -and rest.room facilities for both genders as well as disabled access compliant)in .service or J?rovide eq\livalentfacilities during construction. fi , Features ~ f~cilities ~nd eqtiipment required by 2019 California Building C9d~, Chapter· 11 B to be ~_ccessible to anq useable by persons with disabilities shaJl be maintained in operable working condition. iii. 'L.essee is responsibl~ for aU .fe.es in CQJ.lllecti9n with proposed consm,tction activity. Lessor is not responsibJe for any site i~provemcnt$. iv, The pier,s 24 foot wide .fire lane shall not be diminished or obstructed at .any time. In addition, any surroundfog. fire hydrants must remain accessible .at all times . (b) Ex·cept .as provided und_er, this LeMe, nQ -alteration Qr re.tn.o".al of e)(i~ting "Improvements" on or nantral features pf the Premises, 01 the i,\ppr9ve/:l .renov~tio.n (Exhibit E}, shall be undei1akeil with.out Lessee first obtaining the prior written approval of City Manager. (c) Lessee's obligation fo obtain City~s prior written approval IS, separate and -independent of Lessee's obligation to obtain any permits fro.m City, such as, without limitation, a buH<;Iing permit. SECTION 11. CITY'S CONTRACT ADl\'IINISTRATOR The City Manager, or his or her desigrtee , shall be City's Contract Adniinistl'ato1· for this Lease with the authority to act on behalf of City for the purposes of this ·Lease_; and all City appi:ovols-and notices req~ired to be given her,~in to -City shajl be so directed and addres.sed. 23·13638/JS2S06 143 SECTION 12. RENT Lessee agrees·to pay to City as rent (the 11 Rerit''}for the use-and occupancy of the Premises a-minimijm .Base Reµt of Five , Thpu;,and .Five Hundred doll~rs ($5 ,500) pe11 month plus any · applicable ·Percehtijge Ren~, The Base Rent wjH escalate ·thr~.percent (3%) each year on the anniversary of the date of the Leas~ ex~~ution. The Ba~e Rent ~II continue t9 escalate at. t_his same rate after tlte Base R'enthas been determined for each Option Term unless otherwise'agreed i1pon by th~ parties The-Percenb\ge Rent i$ an amourit equal to three percent (3¾) of Lessee}s Gross Rev.enue · above Two Million Dollars ($2,000,000 .00) from all sou1·c~s, during each ~alendar year throughout · the· Initial Term and ·any Opt.i.on Terms unless othe,rwjse agreed upon by the partie~. No later than the fifteenth (15th) day of e·ach nfonth, Percentage Rent, when applicable,will be paid to the City by the Lessee, along with a financial statement and calculations st1fficient to support the valiqity of the amount remitted add, in a fofut acceptable to the City's· representative .- . Within thirty days, from the end of each calendar yenl', thetessee wlll provide a year,ertd financial statement to the City,.in a form acceptable to the City's represenlative. The -year-.end financial st,atemenJ wjll provide the basis for A tr~e'-1:lP calculation reilective of the entire .calendar year demonstrating any Ret1t or rebate Qwed by either party; .and a p~yment of any Rent 91' Percenttlge Rent owed, or i:Ul invoice for a rebate from the City. The end of year true-up will. be. provided by the lessee in a.form acceptable t<rthe City. Upon request by the C.iiy1 the Lessee will cooperate with an audit of:the Lessee's financial r ecor~s by the City. $1).ould the Gity dJs~over any ~mderpaym~t ofBa.se Re~to_r Percentage rent, I . or any other expens~ relateg to this Lease, this ~mou.nt wUI become. immediately due and payable to the City within fifteei1 days of notification to the Lessee by th~ City. Base Rent is due on the .first (1 51). of each month . Lessee shi\11 pay the Rent motJ.thly to Cjty at the City TJeasurer' s Office, P .0. Box 711., fhmtington l3each1 Califorriia, 92648; or at-such other place 01• places as City may from time-to-time d~signate by written noti~e delivered tp Lessee, Lessee shall pay the Rent, which must be received by the City Treasurc.i: with.in fifteen. calendar days after the end of the month for which the Rent is being paid, or on the next business day if the fifteenth: day falls on a w.eekend or holiday. 7 23·lJ638/3S2506 144 SECTION 13. LATE CHARGE AND PENAL TY If the Rent is not received by the City Treasurer within five (5) calendar days after the end of the month for which the Rent is being paid, or the next business day if the fifth day falls on a weekend or holiday, Lessee shall pay the following la te charge and penalty: (1) a late charge of five .percent (5%) shall be -applied to any outstanding balance after any payment hereunder is due but unpaid; and (2) one and a half percent (.1 ½%) penalty per month shall be added to the rent, late fee, or other charges for each month lhe Rent is due but unpaid. With respect-to any other payments required by Les$ee, a five percent (5%) penalty per month shall be added for ·each month such payment hetounder is due but unpaid. SECTION 14. GROSS SALES DEFINED For the purpose of this Lease, the term 0 Gross Sales" $hall mean the total price of all sales processed on site, merchandise, or services. sold or rendered, or equipment rented, in, on, or from the Premises by Lessee_, or anyone contracting with Lessee, including, without limitation, its agents or sublessees (collectively or individually j ''Lessee Party(iest), whether wholesale . or ret~I, whether for cash or on credit, and if on credit whether or not paid, and whether in exchange. for ·any other_ product, commodity, service, commercial paper or forbearanc e, nnd shall include~ without limitation, the following: (a) All revenues,-receipts, commissions or proceeds from sales by L.esse~ Party(iC$), and/or from all public telephones, vending, weighing and all ·other machines owned, operated, or leased to or by Lessee Party(ies) in, on, or from .the Premises; (b) AJI revenues~ receipts., com.missions or proceeds from sales based on orders solicited or taken, in, on,_ or from the Premises~ including kiosks and carts assocfate with this lease, for merchandi~e, or. services to be delivered or t'endered off, or from sources outside, the Premises,. includ4ig , without limitation, all orders taken in, on, 01· from the Premises although the orders may be filled elsewlierei (c) All revenues, receipts, commiSlJions or proceeds from the renting of equipment of any kind in, on, or from the Premises; and (d) All revenues, receipts, commissions or proceeds generated from offsite but delivered through the Conctssion . 8 23-13638/352506, 145 (e) All revenues,receipts,.commissions or proceeds m:ade by Lessee Pa1-ty(ie's) or their employees or others acting on their bebal f for the rendition of services of any kind whatsoever, 111a9e-in, oh, ot ·from the·PremJses , (f) All other revenues, receipts, commissions or pro'ceeds generated by, arising ol' d~ri:ved whats0.ever frqm the use of the Premises or ~~sociated kiqsks and carts or dedv.ed whatso~ver from any business conducted in,. on, or from the Premises. For p1.1rpost:;s of comp\iti~g the Gross Sales figure on whl~h to ·calculate the Rent1 the amount of Gros$·$ales $hall start over at zero dollars on the fusHlay .of each year. SECTION 15. GROSS SALES EXCLUSIONS Gross Sales shall not include the follqwing items, and Lessee m~y dedu9tsuch items from Gross . Sales to 'the-extent they have been included therein ot have been inciuded in a pdor computation bf Gross Sales on which the. Rent has been.paid under this .tease to City: (a) Any sales,_ excise or other taxes otherwise includabfo .in 01·oss Sal~s Md whicn become part of the total price of merchandise or services sold o.t ret1deted, or equipment rented, in, on, or from the Pre1riises where.Lessee must account fot and remit the t~~s to the gover~ent entity or entitles which.i~pose_ th~m~ but only ff s_uch fax~ar~ added to the total prjce .atid collecred from customers;. (b) Any transfer of trade inventory from the Premises to the n1anufactuter or supplier from whom it was obtained by Lessee~ (c) Sales of Trade fixtures (as defined in Section 50-1 below);. (d) S\tms and credits receive~ _in the settlement of claims for loss of or damage to t1-ade inventory· or T~de Fixtµres; and_ .(e) Any sales resulting in a cash pr credit refund to a customer in the ordinary course . ·or business, Any sales of merchi:U:ldis¢ to City employees Which take place at'City Hall. . . Any sa_1es of rnerchan9j~e tq City empl9yees during special events as approved in advance by the City Manager or his or her designee_. SECTION 16. ·»ooKS AND RECORDS LeS&ee shall keep true and :accurate bQoks. _and records showing all of its business transactions .in sepntate_records ofaccow1t for the Concession in a ma.nnet· acc~ptable to Cio/~ ~d City ancVor. its des}gnated representatives shalt'have the tight, at all reasonable times~ to inspe<;t 9 b-i3638il$2S06 . 146 such books andi records in'cluding, •wit,h.Qut limitµtion, S~tate.of Cu(ifotnia :~ales or use tax returns· or-other State return records, and Lessee heteqy e1grees.that ·atl'such records -and instiumenfs shall proinptly be ·delive11ed and made available to Cityand/ol' its designated representatives within thirty (JO) days.ofreceivins written request therefor. Lessee sball ftu·nish to City .and/or its.design.at~d ·representatives copies -of its ·quarterly California sales and use tax returns at the time each ls -filed. with the St11te of California. The bopks and records shall sh.ow the;total amount of Gross ·Sales made ·each calendru: month i11, 9rt1 or. from the Premises and :any, exclusions listed in Section 1 J :a~ove. All sales and charges.shall be recorded by meru1s ·of cash·r~gisters ·whlch dl'spl~y the amount. of the transaGtl9J\ certifyip.g the amount recorded. The register shall be e·quipped with devices which log fo daily sales· totals· and w}'iich .shall record on tapes the transaction numbers and, $ales .details. At t,he end o.f each day the· tape shall recQrd the total sales for thal day. L~ssee jtgrees to mnh1tai.il .on .the Pi·em,.ises,. QI' ·another Joca~on ~ubjec,: ~o -tbe prior w,rjtten apprpval of City, all · record$', books Qf acco\lilf an~ oa~h·re_gist~r Uipes,. sho:wfog, Qt in ~ny way pertaip.ingJ<> tbe _Gross · Sales made in, on, or from .the Pt,e,mise·s_.duting s:uch calendar·mortth, i11-cluding, without limitation, 'State of California sales or use tax returiis -or othei: State· tax t~Wtns, for a period of seven (7) r~ars. followi~g the close of eacl1 calendar month. SECTlON 17. STATEMEN'r Ol' GROSS SALES/AUDIT At the time speci tied in Se.ction 12 of this Lea_se for the, payment of the Percentage Rent, .Lessee. shall deliver tb City a true and accurate statement signed by ·Lessee or by an authol'ized employee of Lessee showing ·the tofal.Gtoss Sales and any exclusions listed 1n S.ectfori JS· above 1:nade ·d~1ring the preceding cale~dar month .and the amount of the Percentage ·Rent then being paid , c11lc4Jated oµ such Gross Sal!;!s pursuant to.this ·Lease. The acceptance .by City of any monies _paid to . City ~Y Lessee as ·the Perc~ntage Rent, as shown by any statement 'fumished by Lessee, shall not b~ construed as an a:dmissi.on·.of the accuracy, of the staten~ent~ 9r of the -suffo;iiency of the . a¢ount of the f'ercentage Re~t payment/and• Cicy .shall be entitled to review the adequacy o'f such payment q~, set forth herein. By the end of.each J~m1al'y, Lessee shall ~eliver·to City .a year-end statement showing .th~ total qmount of Gross _Sales tnade.in, on,.or from l,h.e Pr~mises in e_ach month of the preceding year~ tht total of any exclusfons,' th~ Jo.tal J>ercent~g~)1ent paid to City for,cac_h 'of those, months, all wHh yeat-ertd total~. City may. at any Un1~ within tllree {3) yea.rs after .rec~iving the'_year-en_ci statement, at it& sole c.<>.st and _e,,cpense, cau$e. all recofds,_,bc;,ok~ _q( accQunJ and cash register tapes for the · yc:cu' putpoftedly covered tiy the st~_temertt,. to be a.uditecl _by City or 811 10 ·23.JJ638/JS:l506 147 accountunt selected by Cify. Lessee shall;_ witliln thirty (30) days of receiving written notice of City's desire for such an audit, deliver-and make available all such records,_books of account and ca(lh. register tapes to City 01· its designated representative for City's use in the audit ~nd/or for .copying. If the audit discloses that Gross Sales were · understated and/or exdusiqns-overstated, Lessee shrul immediately pay the additlotie;tl Ren_t, together wjth a p~nalty thereon from the date it was d.ue .. at the penalty rate set fot'th in Section 13 l'Jbove. Fm:thermore,_ Les~ee s~l promptly ~n demand reimburse Cify foi• the full cost and expense of the audit ~hould the ·audit disclose that the questioned year-end statement purposely understated Gross Sales (including an overstut~ment of exclusions) or the Rent by any amount greater th~n Two Hundred Fifty -Dollars ($250.00). City 1\ltther reserves the right to examine and a11dit'all -such records, books 9f,acc9unt ;;ind cash registe1'. tapes -at any time during the three (3) year perfod following the expiration or tei:minatioit of this Lease. In addition, City shall have the right to enter upon the Premtses dudrtg business bouts und with twenty-four (24) hours advance wi:itte~ verbal or electronic notke to Lessee 'to perfoon atiy audit or inspection function with respe·ct to this Lease. Lessee, its bookkeeper-and/or accountant shall respond to a_il q~estlons and inqufries of City with re_spect to th~ books, records, statements _aod qther docmnentation being_ examined ~ and shall promptly provide other furt)ler documentation ~s may be required by City. City is entitled to take statements· by deposition under oath -of Lessee, its officers, bookkeepers ,andior accountants or uny persOil who pr,«!pared the books, recor,ds, statements and , other documentation required to be provld,e_d by Lessee undev this Lease . SECTJON JS. ABATEMEN'.i' OF RENT DURlNG CONSTRUCTION Upon lease e~ecUtiOJl, the B&~e-Rent will be abated for a pexi9d which wiH~nd the eai'lie_r of fifteen ( 15.) months from the date of Lense executi0.n~ or the Lessee ·openihg for business. The City Mahager may _ UJ?Pl'ove tJp to an additiortal 3 months (}this sole. dis¢.retion. L~:;;ce must 9btaih all approvals te_qt1ired. by the City, County, State, and Federal agenc.i¢s to receive abatement of rent and constmct the ''Improvements'; as. described in Exhibit "E',. In the event the Lessee fails to complete the construction of the Improvements, as d¢scl'ibed in E,x_hibitB, within fifte _en (lS) months for the date of lease execution~ aii abated rent wilf become due and payable. without prior written ·approval fcfr any consfruction: extension by the City Manager at_ his or her discretion. Interim use rent payments per Section 76 are excluded from abatement of rent. The p~yment of rent during the interim use shall in no way extend the abatement of rent beyohd the 11 148 earlier offifteca (15) m~nths from the -date of Lense execution, or the Lessee 9pening for b_usiness beyond the uses outlined in Section 76 .. SECTION 19. QUALITY OF 'SALES, RENTALS AND SERVICES Le~ee, at its sole cost and expense, shall equip, operate >' manage and maintain tbe Premises and Concession and shall' keep the same eq1.1ipped and maintained in 1i.malinet acceptable to City during the entire term of this Lease or duriilg any holdover period. lt is the intent of City that the. Concession's services be ptovided in amauner to meet-the needs ·of the visiting public, and should City deem the Concession's houl'S of operation and/or food 1_ merchandise, services or rentals inadeq\11,lte to meet such needs,.City may require Lessee to make such changes requested by City. Lessee sh~ll not use or permit the Premises to be use<l i ~n whql~ or. in part, duri11g the entire term of this Le_ase or any renewals .01· extensiqns t~ere.of or during· any holcj_over periop (or any purpose other than as nerein -.set forth, without the pti,or writt~n consent◊( City~ Iri addition tQ _l_)rovjding . a food .and drinking establishment, walk _ -up windqw and/or walkabie foods cart, Less~e-shall sell. or rent fishing rods, tackl~, ba.H, sporting _ goods/equipment and related nier-0handjse oh the Premises approved by the City Manager or his or her designee. Tb~ walkable foods cart must not be visible to the public if not in operatioQ for three days or more. The restaurant must be open for -a minimum thr~e-hundred and thirty .days (330) per year for a minimum of seven (7) hours a day. The Bait Shop m.ust be open for the equiv?.lent amount of days for a minimum of six (6) hours a day. The minimum number ofopetating days ru1d hQuts may be modified due to weather conditions or unforeseen events. Any modification to this minimum number of d~ys or hours . must be approved in advance in writing by the City Manager or his or her d_esignee. tessee. shall require all of its employees working on the .Premises to wear identification.tags displaying theil' first name. Except a_s permitted _in advance in writing by City, all to~go foods and beverages shall be soid in,.disposable paper or plastic container$. No pull-top caris or Styrofoam containers are to be vended Ol' dispensed from the Premises unless pre-appro.ved •in writing:by City. Lessee, wherever fensib.1.e, shall eliminate the use of non-recyclable con,ainers and plastics .. City i:nay from time to time i-evtew th6 itetns ·sold and con.tc\ine-i·s or utensils u~ed or _dispensed by Lessee: City reserveii_ the right to prohibit the sale or use of nort-recy~la_ble containers or plastics ,and Lessee 1:nust follow all prQYisiorts of the Huntington Beach 1','.fqnidpal Code. Thtr L_cssee shallbe-rcquire4 tp comply llt ,.23-13638/.3~2S06 149 with any conditions placed on it by CDP 5 -22-0408 or any future-CDP issued by the Coastal Commission. City in its sole discretion reserve~ the dg~t to prohibit Lessee's sale, provision or rental of any item or service rendered or pel'fortned, which it deems objectionable or offensive, beyond the scope deemed necessary for proper sctVice to the public, inappropriate for sale, provision or rental by the Concession, or of infel'ior quality. Furthermore, Lessee shal I remove nny merchandise from the Concession at the written xequest of the City Manager or his/her designee. Sale of nonapproved goods may be seen as a material b.reaoh· of this lease , SECTION 20. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS AGREEMENT Lessee hereby agrees to· p1'otect; defend,' indemnify and hold harmless City, jts officers, elected or appointed officials,. employees,. agents and voh.ifltee(s from and against any and all claims, damages, lo_sses, expenses~ judgments, demands and defense costs (including, without limitation , costs and fees of litigation (including arbitration) of every nature or liab.ility of any }(ind or nature) arising out of or in connection with ( 1) the use or occupancy of the Premises by Lessee, its officers, em_ployees or agents, or (2) the death or inj\try of any person or the damage to property caused by a co·nctitiort of the Pren,ises, or (3) the death or injury of any person or the damage to property caused by a,ny act or omission of Lessee, its officers, employees or agents, or (4) ~ny failure by Lessee to keep the Premises in a safe condition; or (5}Lessee's (or Lessee's agents and/01' sublessees, if any) performance of this Lease or its failure to comply with any of its obligations contained in thi$ Lease by Lessee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. Lessee shall hold all Trade Fixtures1 personal property and trade inventory on the Premises at the sole risk of Lessee and save City harmless from any loss or damage thereto by any cause whatsoever, except such loss or damage which was caused by the sole negligence or willful misconduct of City. Lessee will conduc.t all defense at its sole cost and expense and City shall upprove selection of Lessee's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do hot act as limitation upon the amount of indemnification to be provided by Lessee . 13 23 -13638/3$2506 150 SECTION 21. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. INSURANCE Lessee acknowledges awareness of Section 3700 et seq : of the California Labor Code; which r~qufres every employer to be insured against liability forworkers'·compensation1 Lessee .covenants : .th!,lt it s.h~ll comply with such pro.vi§ions prior to the .. commencement of this Lease. Lessee shall .obtain.·an_d furnish tq City workers' compensation and en:iployers, 1.i~bility insurance in amounts not l_ess t_han the . State: statutory limits. Lessee ·shall requii:e all sublessees and contractoi's to provide such wol'kers' compensation and employers' liability insurance for nll of the sublessees' and co_ntractors' employees . Lessee shall furnish to City -a certificate of waiver of subrogation under the terms or-the workers' ~ompensatiQI\ ~nd employers' IiabHity insurance and Lessee shall simJlarly requfre all sublessees and .contracto1·s·to waive subrogation. SECTION 2Z, GENERAL PlffiLIC LIABiLITY INSURANCE fo addition to the wci1·kers' .compensation anti employers' liability ins1,1rance and LeS§e~'s covenant to_defend r hold .hamiless and indemnlfy:.tfty, Lessee shall obtain and furnish to City, a policy of generai public iiab.ility lnstirance, .including motor vehicle coverage against any and all ·cJaims adsing out of.or in connection with the Premises. Thi~ ~mlicy shall imlemnify Lesse~, i_ts officers,-~mployees a.11d ag~nts, while actihg within tbe scope of their-duties,_ against any and all claims arising out of or in connection· with the Premises,.and shall j>rovid~ coverage in 'not less than the following amount . combined si11gle-limit bodily injury arid property damage, including . proc!.µcts/co~pleted : operations 'liability and blanket contractual liability , of Two Millicin Dollars ($2,000 ,000.60) per .occurrence. ff cov~rage is provided under a form which includes a designated general_ aggregate .limit, tbe _aggregate limit must b~ no less than Two Millfon Dollars . ($2,000,000.00.) for the Premises. Th.is policy shall name . City, its officers, elec.te9 or appointed officials, employees, agents, atJd v9lunteers as AdditloNU Insur.e9s,-!lnd sh~U specifically provide that any-·o"ther insurance. coverage -whicl~ may be applicable to ·the Lease shall .be ·deemed exc.ess covet'!)ge andJhatLessee's insurao.ce shall be primary .. Under j10 cii:cl,lillsttWces shall saJd . above--me~1tioned insurance co11tain ·a self-insured retention, cu· _a "deductil>le'' 01· any, other sunilal' (onn of limitation_on the r~quired cov~rage . SECTlON 23. PROPERTY-lNSURANCE Lessee shall provide, after commenc.~ment of :this Lease, but prior Jo J~kjng possession, and shall obtain and furnish to City ) at.Lessee.'s sole cost and expense, ;property .and fi re jnsura_nce 14 ~3.-l 3638t;JS2S06 151 with extenclec:l coverage endorsements th~re.on, by a compa~y acceptable to City authorized to· ·conduct-insurance busin_ess in C~iforni~, jn_ an amotmt il)s\1:ring for the full insurable value of alt Itnprovements 1 Trade Fixtures, pe1:sonal pro_percy whether or not owned or leased .by Lessee, and all trade inventory in or on-the Premises-against damage or destruction by fire,, theft 01· the elements. This policy shall contain a full replacement cost endorsement naming Lessee .as the insured and shall no~ -contain a. coinsurance penalty provision. The policy shall also contain an endorsement naming City as an Additionai fnsured . The policy shall contain a special enaorsement . that ·such proceeds shall be used to repair, rebuild or replace any Such Improvements, Trade · Fixhu'es, personal _property whether or not owned 01· leased by Lesse~, and all trade inventory so damaged or destroyed; an_d if not so used, such proceeds (excluding any insurance proceeds for Trade Fi~tures, persQn~J property whether or not owned or leased by Lessee, and trade inventory, bµt only to the extent the insur~ce procee~s specifically cover those items) shall be puid ·to City. The poiicy shall also ccmtain a speci~ endorseme~t that if the .Pr~mises a1·e so·destroyed triggering the patties' ability to terminate as ,set forth in Section 53 (Desuuction) ~el<;i:w,--~nd either party elects to tetmihate the Lease, th(! entire amount ·of any insurance proceeds (excluding such proceeds _for T(ade Fixttu·es, pel'son~l property whether or not owned or leased_ b)' Less~e and tl'ade inventory, but only to the extentthe·insurance pro~eedsspecifically oovedhoseitems) shall be ·paid to City . The pi:oceects,ofany ~uch (nstll'.a.nc.epaya~le to City-may be use_d, in_the·s_ole·discreti',m of City 1 fot cebuilding or repair as . necessary to l'esto1'e the P.i;~mises or f9r any such Qth~r purpose($) as City sees fit. This· policy shail also contain -the. followin$ endorsements: {a)' The insurer shaU 1iot caned or reduce the fnsw·ed's coverage withotJt (30) .days .prior written notice to City; (b) City shall rtot be responsible forpremiums .or assessments on the _policy. A complete and signed certificate of ins'urance ·with all endorsements required by this Section shall be filed with City , after execution of this lease, but before taking possession ofthc Premises . At least thirty (30) days prior · to the expiration 01· termination .of any such policy, a sign~d and complete certificate of insµra,~ce showing that cover!}ge has been renewed sh~l be filed wiJh City. 15 23<13638/352506 152 SECTION 24. INCREASE IN AMOUNT"OF GENERAL PUBLIC LIABILITY . A!'ill PROPERTY INSURANCE Reserved. SECTION 25. CERTIFICATE~ OF INSlJRANCE; ADDITIONAL INSURED ENDORSEMEN'fS After commencement of this Lease,. but prior to taking possession, Lessee .shall furnish to City certificates of .insurance subject to approval of the City Attorn¢y evidencing the foregoing insuranc·e coverages as required by this Lease; thes·ecertificates -shall: (a) provide.the name and policy number of each carrier and policy_~ and (b) shall state that the policy is currently"in.force; and (c). _shall ~romise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of City; ho we vet, ten "(10) days_' prior written not.ice in the event qf canc;ellation for -nonpayU1en~ qf pr~mium, which 10--day notice provision sh~.11 not apply to property insurance in Section 21 above. Le~see ~halt-maip.trun. the foregoing _insurance coverag~-in force during the entire term of the.Lease or any renewals or extensions thereof or during· any holdover. period. the reqµirement for ca.rn,:i~1g tbe· fciregoir)g insur~l:lCE? c,overages shall nor derogate fro~ . Lessee's defense, hold hartnless and indetrutificai.ion obUgat ions as set fqrtb, in this J,~e ; 'City or fts representatives shall at all times have the right to demand the ori_ginat .or a co·py of any or a_U the policies ofiusurarice. Lessee shati pay, in a prompt arid timely tn~tlher, "the.-premiums on all insurance hereinabove :requited. SECTION 26. INSURANCE HAZARDS . Lessee shall not commit or pennit the commission of any acts on the Premises nor use or pexmit the llSe of the Premises in any manner th~t wili increase the existing rates for, or :cause the cancellation ofauy liability, propeity, ot other insurance policy for the Premises or-required by this Lease. Lessee shall, at its sole cost and expense; comply with all requirements .of any insurance carrier ptQVi_ding any .insµrance p(}licy for the Pre.mise!:l or required by this Lease necessary for the continued maintenance of these policies.:at reasonable ~a~es. 16 2J-13638/3S2S06 153 SECTION 27. MAINTENANCE OF "PREMISES·;. TENANT-IMPROVEMENTS City 's maintenance responsibilities of the Premises shall be limited to maintaining all sewers; water, ~d dra.tn tines beyond the limits ofthe -Pl'etnises~ ·The:City will repau-·the st111cturaf elements of the Public restroom facility, Additional~y,.City agrees to twice daily r outine cleanings o.f the public _restroom facil _ity. Except as .set forth 'in the preceding s~ntences, .Lessee ngl'ees to regul_arly cl~n and maintain ·the :Premises,.whi~h in~ludes all improvements at 21 Maii1 Street and 22 Main Stre.et in good or~er and repair, at Lessee 1s SQle. cost and exp~pse, d:m-ing the ,entire term ·of irus L!,!~se or any renewals or extensions ihereof or during any holdover period, pursuant to the City-~s maint~mmce stand!lrds, and the stanchtrds s~t forth in the Conditions of Approval from the Caliiomia Coastal CommisSiQn NoHce:of lnten't to Issue Coastal Development Permit No. 5-22- 0804 herein refe.renced a.S: Exhibit "B". The:,ejmprovemen.ts.and" d_u,tie~ in~Iu<Je put -are tiot-limited to maintenance, including ·assuring cleMHhess atid usability Qf the entire, Iemodel¢d. pu~lic restroom facility, ·shall . be the ·respo11s1billty of tb;e restaw-ant opetator for .me. ilte of tl~~ approved restaurant. The restaurant operator shall maintain the public__restroom·s,_ ata minimum, every ihi t ty minutes as proposed by ·the applicant. Howeve.r, nothing ,in this pem'lit shall req\lite the permift¢_e to be responsible for plumbing, electricity, roof or structural _~lement_s of the.restroom buildin~. the City -m~\ntain_s control of, which shall remain the. responsibility of the City . A copy of the inspection fonn .setting forth .the City ~s maintenance checklist is attached -~' Exhibit ''F",.:and incorporated herein 1:>y this reference. Except as ·,provided above, Lessee, ·at ·its sole . cost and e~pense, . §hall perform any mairltenance and repairs includirig; without lii:rutatlon, facility mainten~nce on the Premises. Les_see1s obHgation includ~, withoµt H""itatipn, maintaining and operating the Premises in a.clean, safe,.whol_esome and sanitary ~ondition free of trash, foul odors, ga1·bage,ol' obstruction~ p'fan_y kind artcl'in complianc~nvitn~y and all present and fut4re laws, g~IJei'a.l rules or reg_l;llati9ns of any 1g9v_ernniental ·1uithorify 1,10w, or' at any time ,dudng the ·emir¢ tem.'l of U1is Lease · or any renewals .or ·eitensJons the),'eof or 9uring uny holdover period, in fot-ce, relating:to sanitation or public health, safety or welfare, ·pr .for the protection of life, linib or prop~rly; and ,L~ss~ shall -at all times faithfu~Y' obey nnd co.mp~y with ail Jaws, n i l es and regulations applicabfe tlwreto·. l essee; at its sole cost and :expense;.shall remedy without delay arty defoctiVe, ~ange~rous or Uli$anitary cortdltiort(s). caused by Lessee 01· anyone related ther~to. Lessee ~hall mainta~n ADA ~ccess .arou_nd the entire b\iildirig. 17 23-13638/352506 154 Less~ wi1J maintain three ~sh 1·eceptacles on the exterior of the premises jo serve. the outdoor dining area and the walkable foods cart. At the request of tb~ Ci,ty, the Lessee will add additional trash receptacles. _Aiiy and all graffiti on the Premises may be removed· by Lessee, at it$ so le cost and expense . If the graffiti cannot be removed, it must be p•ainted .over with a paint matching, the damaged area. All graffiti i-emoval or-repainting will be p,erfonned in a manner satisfactory to . the City's· agents, representatives, OL' employees . Lessor shall provide Lessee .notice of the graffiti and within forty-eight ( 48.) hours, Lessee shall remove· ·such graffiti. In addition> with or without notice from _City, Lessee ·shall, at its sole.:cost. Should the City .deteonine; in its sole discretion, that additional cleaning, maintenance, or _repai.t: of the Premises is required, and that' the additional cleaning, maintenance, or r~pair has not been performe.d to the ·City's satisfaction, then the City has the right .to perform st.Jch 9leaning, nviin.tenance, repair and charge this same cost with an adminisfration fee to the Lesse~. Any.and all graffiti on ·the Premises may'be removed by Lessee, at its sole cost.and·expen.se. Lessor shall ·provide L~ssee notice of the graffiti and within ·forty-eight' (48) hours, Lessee ,shall remove such graffiti. In addition,.with or without notice .from City, Lessee sball,. at its sole cost .an_d ~xpense, repilh' and/or replac~ any bl'o,keri glass .withiJl forty-eight ( 48) .hours of it bec9mi.ng broken, regardless of cause, except by fault of City. Except as prt,vided above for broketl glass, -Lessee; at its sole cost and expense and with oi• withot1t notice from City, shaH. repair and/or rep lac~ -al I damage. or destruction to the Premises. caused by act( s) of vandal ism as soon as possible .but in no event later than fourteen (14-}daysaftet the tlate such dam.age or destruction _occttrred. Le~see, · at its sole cost anc;l expe11se, shall repair and/or replace all other dam~m~ or destructfon to the Premises,, regal'dless of cause; except by fault of Cify . Less~e· sball' comply with ~II written notices served by. Ci_ty or State with regard to the .care and maintenance of the Premises. All repairs wlll be performed with the same .quality arid with the . sqme or similar materials as those damaged, and to. the satisfaction of'the ·city. Any wdtten .n.odce hereunqet sh;~ll sp<::ci fy the y.,ork to be qone and the p~r.iod of time deemed to be reasonably ·nece~sary for CQmpletion Qf such work .. Should Lessee fail to ~ommence making the necessary repair$ within _seven F) days after receiving such n,otice, or within twenty-four (24) hours of the glass becoming broken in tl:te· case of _broken glass, Qr fa_il to diligently proceed to ·complete the 18 2J-l3638/JS2S06 155 necessary repairs within the period of tim~ r~asonably specified in 'the City 1s notice, or withil). forty•eight ( 48) hours o±:the giass becoming broken in the c~se of broken glass, or wi_thin th~ forty~ .eight (48) hour time period for l'etnoving graffiti, or withln ·fourteen (14) days of the date that the vandidism damag~ ol' destructfon occnn·ed, City shall proceed to ·cause the reqtiired wod< to b_e • perfot'med, and Lessee shall promptly reimburse City fo_l' the cost of labor and materials thereof and pay City a penalty on such casts at the penalty rate set forth in Sectlon 13 above from the date the costs were lncun·ed by City to the date they are reimbursed to City by Lessee. Lessee hereby expressly waives the l'ight to make repairs at the . expense of City and the benefit, ifany, of the provisions of Sections 1941 and 1-942 of theCalifornia Civil Code.relating thereto. SECTION 28. RENT CllEDIT Upon the Lessee opening for business or fifteen months from the date of lease execution, Lessee will _receive, credit for "Base Rent each month until the Ren..t Credit equals the amount of Three Hundred Thousand Dc;Uats .($300,000.00) s:ubj¢c.t to docilmenta:tion of such costs a:s pi•ovided by Less·ee, The documented reasonable cost of the bathroom renovation shall be reviewed by the City arid the Rent Credit will be ucijusted in the-event that the verified reasonable. costs are less than the current . projection . The Rent credtt 'Will be applied per the s-chedule "shown in 1'Exhibit G;,. Percentag~ Rent will be due .and payable to the Ci~ and will not be applied to the Ren( Cl'edit. Rent ·c1·edit is cQntingent on Lessee qndertaking public restrocn1dmprovem~nts and ancillary uses at 2i Main Str~et which must be. approved by the City Maiiager or his/her designee at all of the follo,ving stages: conceptu_al plan,; construction documents,·cOtistruction-and 'final inspection. City in -its sole discretion may decide to give Lessee a future rentcreclit if~see undertakes ( 1) any repair on11aintenance obli$atioil of City under this Lease, or (2) any work City in its sole discretion deems necessary and appropriate. Prior to Lessee -~ndertaking any such work, City must agre~ in writing to the ~otint of ~nd p(o~du_r~ .forthe rent credit, .tl,le work to _be pone by Lessee and the cost of sqch work. The terms ofpayment·of any rent credit will be deterrnined by"the City Manager or his or her de~jgn:ee~ SECTION 29. DAMAGE; DESTRUCTION OR NUISANCE Lessee sball not comi)iit or_ permit the cornm1s~io11 ·by-:others ofomy damage or destructfon of, ~n, or to (he "Premises and/or Qqncess_ion. Lessee shi;\11 nqt maintain, commit or pe1mit lli~ maintertance ·otcommission of any-nuisance as defined in Section 3479 and/or Section 3480ofthe 19 '23-13638/3S2S06 156 California Civil Code ·on the .Prernises; artd Lessee shall IJotusc or permit the use of the Premises for any unlawful purpose. SECTION 30. TAXES This Lease. may create a· possessol'y. ititerest hi pro petty, wliicb. is subject to taxation. In t_he evei:it that sucl_l possessory · int_erest-is created, Lessee agrees to be subject to the payment of and to pay taxes leviec.\ on such interest, at i!s sole cost ~nd expense. Lessee also agrees to pay,.at it$ sole cost and expense, before th<;y become delinquent all other lawftil taxes, assessments or charges; which at any time may be levied by any govenunental agency including, ,vithout limitation, the State~ County, City or any tax or assessment levying body upon any interest in ·this .Lease, or any possessory right which Le.ssee may-have in or to the Premises,. by reasqn of Lessee's u·se Qr qc_cupancy thei:eoJ or othe.nvise, -as well a$ .all taxes,,,assessments , ·and charges on Traqe .Fixtures, persortaf pr~perty and .trade.inve.oto_ry in,.ou, or about the.Premises. _ljpon ~quest, Le~see shall proihptly furnish to City satisfactory .~vidence establisbing such payment.· L~s~c shall comply with all laws 1 reg\l.latfons and otdinan.ces reg~rding the collection of t~xes clt~e a goverimierit .ageilcy. SECTION 3i. PAYMENT OF OBLIGATIONS . Lessee shall promptly pay_, at its sole .cost and expense, before they ·be¢-01tie.delinguent, ~any and all bills, debts, liabilities and obH~ations incurred by, Less~~ in connection with Lessee 1s occupation and use of the Premises andior operation of the ·concession. · Upon request, .Lessee shall promptly furt1ish to City satisfactoty evidence establishing such payment SECTION"32. UTILITIES AND SERVICES Le~see shall be responsible for the payment of all utiHty charges using separate meters where applica_ble, including, without limitation, gas,.elech'icity, water, telephone service, cableTV s_e.rvicc,, and the furnishing of all necessary refuse al}d garbage contahle1·s and the removal and disp<>saJ ·of all rubbish, l'efuse and gai:bage_r~sultin:g fro~n the -operalion of the Premises and/Qr the Concession aside from water supplied to the public·restrooms. The b\lt'den of showing to the City's satisfact1_on what water is used for public resttooms is on the Lessee ~t their-sole el_(pense. AU such rubbish, refuse and garbage removed shaJl be disposed oiin aGCQfdan~e wit!i .applicable laws and local otdinanc.~s. AIL trash contaipers and/qr trash bins shall be ag~uately ,screen~d~ mai~ta~ned, and lo'ca.ted to the sa_tisfaction: of City._ Fp.r the pµtposes QfJhis Section,.s~wage di~•po~al sh.~11 be construed as a utility. All such charges shall be paid by Lesse~· ciirectly to the . proviaer of the 20 23°!3638/3S2S06 157 service lltld shall be paid i;is they become due:,artd payable. ·upon_reque_st, ~essee shall prc:>mptly furnish to City satisfactory evidence e~~blishing such payment. Lessee · shall use good energy practices as described in the State of California Flex Y ot1r Powe.r Best Practice Guide. SECTION 33. BUSiNESS .LICENSE Lessee shall maintain a·business license from City during the enUre teru1 of thi~ Lease-or _ any renewals or extensions thereof or during any holdover period. SECTION 34. SIGNS, ADVERTISING AND APPROVAL OF NAME City shall have the right to approve in its -sole discretion and at any time require Lessee:to change or 1;emove signs, names, placards, decorntions ot advertising placed on, or inscribed, painted .or affixed upon the Premises within a reasonable time of being directed by the City. Lessee may install a sign on Pacific Coast I:Iighway if allowed by iocallaw, with separate review and ·approval by the City._ Banners/advertis~qg <;>f busi.n~sses ·o~tside the City ofHuiltington B<;a~h is not allowed. Outdpo_r sales 'is a permiUed µse under District 6 of the Downtown S_pecific Plan and mu$t be "beach reJat~d" with all propyr .. approvals to .be. allowed. All outdoor displays-Ol' bElllners l_1iustfirst be:a_pproved ' in writing by the City Manager or-his qr her·dysignec:'before display. ShQuld City apP,rove of'any sign~ name, plaoard, decorntion ()f advertising.Lessee shall maintain the same • at all times during the entire tenn of this Lease or during any holdover period in good _appea_rance a_nd Tepair. AU sighs, names, placru;ds, decorati_ons or ;,idvertising must comply with all requirements of aily governmental authority with jurisdiction. SECTION JS.-NO-ASSIGNING/SUBLEASING OR ENCUMBERING (a) Prohibition of-Assignment. The parties ackhowledg_e·that City is enterin~ into..the Lease in reliance upon the ,experience and abilities ot' Lessee and its principals. -Consequently, Lessee shall not voluntarily assign, encumber or otherwise transfer its interest in the Lease or in tho. Premises, or sublease alLor any part of the .-Premises, or allow ·any other per$on or enti~ '( e~cept Lessee's authorized representatives).to occupy 01· use all or any part of the Premises without the prior written consent of City, which consent shall be granted at the City's discretion. The City>s co11se11t howev~r shµll be reached after a·meet und confer with current lessee regarding the proposed assignment. The City's consent may not be unreasonably witJih_eld. Pi-o.vided, however, that City,'s consent shall not relieve.Lessee frmn any and all of its obligations, guu(antees >.liabiliti~s;·d.uties or responsibilities under this, 21 23-l3638/.3S2S06 158 Lease until after the City)s di scharge and release of the Lessee from all o(the same in writing aftex the deternlin~tion that the assig@le_nt to the proposed n¢w l~se·e has been p·erfected and made final. Any ·assignment, encumb.rance, oconpation or use, sti.ble-ase 01· oti1er transfei' withoutsuch ~nsent shali be _v.oidabie and, at City's sole discretion, shall con.stitute.a Default of this Lease. (b) Consent to Transfer. City's consent to any assignment, encumbrance,.occupation or use, sublease or other transfer is subjecrto Lessee providing City with evidence satisfactory to City that the proposed, assignee, encumbrancer, occupier or user) sublessee or other transferee has suitable financial strength, experience a:nd char~cter for operation and control of the Premises and the Concession -and that the use of the Premises by the prop9sed assignee, encmnb1:ancer, occupier or user, sµblessee _or other transferee is c:onsistent with tlu~t sp~cified herein, and is comnwrcially reasonable. Any proposed a~ignee, ep.cumb1-:ancer, occupier ~r !Jser, sublessee or.other transferee shall agree to .abide by-the terms and c~:mditions of the Lease inch1ding, without Jhnitation, all the obligations, liabilitie~; 'dut_ies and responsibilities of Lessee, and other ct:mditlons . imposed upon it pursuant to law_. Any assignment; transfer, sub-lease, encumbrance, or occupation shall nqt occur without the Le·ssor's · pdc;fr approval which s_haU be gr(\lited at the L.e.ssqr's sole discretion. An approval -by City to orte ·assignment, en.cnmbnmce, occupation or use; subleas-e o:r other transfer shall not be deemed.to be an npp1'oval to· any other assignment,. encumbrance! o.ccupation ol"use, sublease .or other transfer. (c) Voluntary assignment defined . Except as .othe1wise expressly provided herein, any ·dissolution, merger ; consolidation or reorganization of Lessee, or the ·sale or ·other transfer resulting in a transfer of a controlling percentage of the capital stock of Lessee (qther than a transfer by will, devise, bequest, intestate succession,_ a transfer to or between the family members of Lessee, or -a transfer to or between one or more trusts for the benefit of Lessee and/or Lessee•~ family members, where applicable) shall be deern~d a volunt~ry a_ssignmel}l SECTION 36. TERMS BJNDING ON SUCCESSORS· All the terms,_'¢ove.nants. and coqditfons of thi§l Le_~se shall fou_i:c to the beoefit of and be binding \lpon the part.ies . and their _successors, lncludi.ng, with.out limitation·, theh· assigne~s, ·22 l'3-l 3638/3SlS06 159 enqtirrtbrancers, occupiers or users, subless®s,or other transferees. Th_e provisions of this Section ·shall not be deemed as a (l) waiver of any of the p(ohibitioh$ and conc!itions against~ssigrµnents, encumbrances1 occupations. or uses, s(1ble"ases or other transfers herein before s.et folih, or (2} City's consentthereto; If more than .one lessee ls a party to this Lease., the obligations of the lessees .sh~l be joint and several. Even if City's consent is not required,-Lessee shall immediatelr provide City with written notice of any , assignment, encumbrancet occupation· or use, suolease or other" - transfer. SECTION 37 . DEFAULT The occurrence of ·any one or more of the following events shall constitute a material default and breach ("Default")-of this Lease'by Lessee:- (~) Lessee 's failure to !llake~any payment of the Rent or otJ:ier payme11t required to be made by Lessee at the time requ ired for payment under this Lease. Failure to make payment by tbe Less,e¢ foi· m9re. th an 31 r,Jays without other written · agreem~nt . . ., -. - --. signed by the .City will be con:iidered a ,breai::h ·of .this agreement., {l~) Lessee's failuf-e to obtain or maintain ·the'insurances'artd/or the security .deposit u_s requited tmder this Lease. (c) Lessee is vacating or a6andonment of the Premises during the entire term of tWs Leas~f or'any rertewa(s o(extens ions there.ofor during any holdow,r pedod . Clos.1,1r~ of the Concession for more than a combined tot al of (65) days in a calendal' year, minus, any days of closure of the Concession caused by City, shall be deemed an abandonment of the Premises. (d). Lessee's violation of Sectio.n 20 (lndemn itfoation, Defense. and Hold Harmless Agreement), Section 35 (No Assigning, Subleasing ,or Encumbering), Section 47 "(Hazardous Substances), Section 49 (Nondiscrhnination), :Section ·SO (Sale of Alcoholic Beverages and Ent~rtaininent), Section 63 '(Conflict of' Inte1;est) m· Section 65 (Compliance .with Laws). . . (e) The h1solvency . of Lessee as evidenced by a receiver bei!lg appointed to take possess_iQno_f all or sul>l:l~ai:itil!lly all of Lessee's a_!!sets locatecl at or on the Premises Oi" of Lessee's interest in th.is Lease, or the making by Lessee of a ~eneral ~n:angeinent 9r as s~gnment fo (the benefit of.creditors , or Lessee?s filing a J>ctitic;m .in bankruptcy, whether voluntary or i nyoluntazy., 9r the . attachment, ex;e~ution or 23 23·13638/3S2SQ6 160 the judicial seizure of substantially all of Lessee's assets located at .or on the Premise_s or of Lessee's interest in the Lease. (t) Lessee)s f~ilure to observe or perfonn any o~her term, covenant, obligation, duly, responsibility or condition of this Lease to pe 'observed or performed by Lessee when such failure shall continue for a perioo of thirty (30) clays after Citis giving written notice to Lessee, :or such eqrlier period if specifically set forth in this Lease unless otherwise stated in -this ag~ement; h9wever, if t.he n_ature. of ~ch faih1r~ds such thannore than thirty (30) days are reasonably required for its CW'e~ the.n Lessee shall not be deem.ed tQ l:>~ i.n Default if L~ssee. notifies City of th~ length o:f th~ additional time required to cure -and 1·eceive$ City's written approval ·of the additional time required, :Which approval will not be unreasonably withheld,.and commences such cure within such thirty (30) day period ai1d diligently proceeds with such cure to completion during such additional time.period approved by City. (g) Lessee.'s failure 0 fo adequately maintain the asset to the reasonable satisfaction of the City 0shall be a· breach"of this agreement. (h) Lessee's failure to complete the construction of the Itnprovemenl~ (Exhibit E} and open fot· business within 15 months of the execution of the Lease or other tirrte approved by the Gity. SECTION 38, liEMED1ES (a) .Cumulative Nature of Remedies. In the eve.n.t of any Default by Les~ee, Gity shail have the remedie$ de~crib~d in this Secti,on in addi~ion to all -other.i:ights and remedies provided by law or equity, 'to which City m~y resort cumulatively ,or in the alternative:- (1) 23-i36J8/J52506 Reentry without Termiruition. City may at City's sole discretion reentei' the Ptemises, and, witho_ut terminating the Le~e, at any thne and fro,m time to tinie rel et the Premises o.t any part or: parts of them for the account and in: the name of Lessee or otherwise. Any i'eletting m.uy be for 'the remnindet; of the term or for a longel' or ·sho11er pel'iod . City m~y in City's s·ote discretion eject all persons or eject some and not others or eject none. In addition_, City may in its sole discxetion remove some or all of the Trade Fixtures, personal property and trade inventory from the Premises . 24 161 l3·136W3S,2S06 may stor~ such removed Trade FixtQres, personal _propexty and trade invertto1y in a public warehouse or other location at th:e SQle co.st, expens-e and tisk oflessee~.and for the-account.of a·nd in the.name of Lessee; City shall . apP,lY all rents from reletting as 'foliows: first, .. to the __payment of reasonable t;}{penses (ihcluding brokers' com.missions) paid or inc\.lrted by or on b~hal f of City in recoveri1!g possession, placing the Premises in good condition, and prepa1fog or altering the Premises for reletting;. second, to· the rensonable expense ofsecuring new subtenants; third, to the fulfillment of Lessee's covenants to the end of the tenn, City may execute any leases or subleases made under this provision-either in Citfs name or in Lessee's name and City .shall be· entitled to · all rents from the use, ope~tion or oqcupancy of .the Premjses . Lessee shall neverth~I~$ pay to City on the ·dates ·~pecified in this ,L_ease the equivalento(all sums rcquir~d ofLe~sec under this L.easc, plu~, City's expenses, ·1ess the .proc.eeds of nny reletting or attotnmeQ.t. (2) Termination; In ·the event of·a Def~lilt by Lessee, City may at City's sole discretion te1minate this Lease by · giving Lessee written notice of teiinimition under the tetms of thi$ agreement. In the ~vent City te.1;m:inates this Lease, City may recover possession of the Promises (which--tessee shall immediately surrender and vacate upoh .demand) and remove aUpers<>:ns. therefrom,. and Lessee shall comply with,_ without limitation, Sections 57 ·apd s·s below. City also shall be entided .to recover as damages all of the f<>llowing: .(A) The worth at the : time of the award of any unpaid .Rertt or other charges whicJU1ave been earned at the tl.ine of teprunation; (B) The worth at the time of the award of·the amount by which the unpaid Rent (Base Rent wilt be the -actual Base Rent required under t.he tease plus each month's Percentage Rent,. if any, ,vhiqh would be calct!lated as the a_v.erage Perc~ntage Rent for tbat same month in t:be preceding years, or ifL,essee did own/operate the -Concession in tlie preceding y¢ars, then each 25 162 month's Percentage Rent wotdd be calculated as the average of ali months Lessee owned/operated the Concessioq) and other charges which would have been earned aftedermination until the time of the award exceeds the amount of the loss of such rental and other charges that Lessee.proves. could have ,bee11 reasonably avoided;, (C) The wm1h at th~ time of tjle award of the iimount by which the unpaid Rent ( e~~h n:ionth •s Rent wquld ~ cal_culated as Jhe avei:age RentJqr ~hat siµne month in the pr,ec,eding· years, or lf Les&ee·did not Qwn/operate the Conc~ssion in th~ pre~edihg- years, then each mont_h's Rent would be calculated as th~ average of all months Lessee owned/operat~d 'the Concession) and other charges for the · balance .of the term ijfter tQe .time. of the aw$'d exceeds the amount of.the loss or ,such rental and other charges ·that Lessee proves could have, be~n teasonubJy avoided; (D) Arty otl\er · amount necessary .'to compe11sate City for the detdment proximately caused by Lessee's failure to perform its obligations, liabilities-; duties or respons1 bill ties under this Lease~ and (E) At Citf-s sole,di'scretion, such other amounts-in addition to or-in lieu ·of the foregoing as may be permitted froiµ time to time·· b,y applicable California law. As used in Sections 38(a)(2)(A) ilnd (B) abov~, the:~1worth at the time of the· award" shall be computed by allowing interest at the .rate of twelve percent (12%) per annwn. As used in Section 38(a)(2)(C) abo-ve, the "worth at the time of the award" shall be computed by discounting such amount :at the .discount r,ate of the Federal Resel've Bank of San, Francisco at the ~jme pf the awarq, plus one percent (1%). The amoUI1trecoverable by City pursuant to Section 38(a)(2)(D) ab_pve shall include, w·ithout limitation, ar:iy costs or ¢xpcnses incurred by City in maintaining or ptesetvin•g the Premises after such Defoult. 23~13638/.3S2S06 (3) Use of Personal Property. City may at Ci tis sole discretion use the Trade fixtures, personal prnperty .atid/01· trade inventoq located on, ribout orappurtenant to the Premises withoutcom_pensation and without Ual:iitity 26 163 (b) (c) (d) (e) 23-13638/352506 for use or d~mage,. or store thern in a public warehouse or other lo~ation at the sole cost, expense ru1d.risk of Lessee , and for the accourit of and in th~ name qf L~seei Election of Remedy. The election. of o.ne remeqy for any one ~te·m shall not foieclose an .election of any other ternedy for another item or for the same' item at a later time , City's Ri~ht to Ctire Lessee'.s .Defatilt. Upon co.htin'uance of ariy Default, City may in its sole discretion, but is not obligated to, cure such Default at Lessee's sole cost and expense. If.City at any time, by reason of such Default by Lessee; p~ys any sum or .does any · act; the sum paid by City plus the rea~onable cost of perfonning such act, together with a penalty thereon at the penalty rate set forth i~ Section 13 above from the date·the costs were incurred or the act performed by City to the date they are reimbursed to City by Lessee, sball be due as··additional rent not later than five . (5) ·days after service of a writtel) demand th~re.fqr .on Lessee, including · reasonably d~tailed d9cumentation of the amo~mt owed. No such paym~nt or acts.hall constitute a waiver of Default or of any re.n1e·dy for .befaµlt or render City liable for any loss qr damage rC$ulting from any such-act. Waiver of Rights. Lessee herel?y waives an)"'right of redemption or relief frqm forfeiture .under CalifomfaCode ofCivilProcedure:Sections 1 f-74 or l 179, or.under uny othel' pres~nt or 'future law, .in the event Lessee is ·evicted or City takes possession of the Premises by reason of any D_efault by Lessee. hereunder. Othel' Rights of City . No .act of City, including, ·without limitation, City·;s entry on the Premises, efforts to rel et the Premises, or maintenance of the Prem ises, shall be construed as an election to terminate. this Lease unless a written notice of such intention is given to Lessee hy City or unless the tenninat~ontliereof is deoreed by a court of competent jurisdiction. Notwithstanding if City elects to continue the Lease in full force and effect after a Default by Lessee and to relet the Premises, City m~y at any ·time ~fter such relefting elect to terminate this Lease for any such Default. 164 SECTION 39, CUMULATIVE REMEDIES ·The remedies given to City in this Lease .shall not be exclusive but shall be cumulative-and in J\ddition to all remedies now or Qereafter-allowed by law or elsewhei·e _provided in this L~e. City shall have the right to ·exerci~e any other right or remedy which City may· have at law or in equity including, without lit11itation, City 's rights unde.t the unJaw:friJ detainer l~ws. SECTION 40; WAIVER .OF DEFAULT The waiver by City of a_ny Default by Le$SeO of any of the -provisions of this Lease -shall not constitute a .continuing·watver or a 'waiver of'any subsequent Default by Lessee either of the same or anothei: provision .of this Lease . SECTION 41. CITY'S DEFAULTS/LESSEE'S REMEDY In the event City faiis to pe·rfonn any material obligation of City under the Lease within nlnety (90) days after receiving written notice from.Lessee specifying _the_ natu·re of such default ~ or, if the nature of City 's obligation is such that more. than ninet-r .(90) days.are required for its performanc~, if City, fails to commence such perfonnance within such ninety (90) day period and thereafter diligently prosecu·te the ·same to completion, then City shall be in_default of this obligation. If Citis default materiaUy interferes with Lessee~s t1se of the Premises f9r its intended purpose, Lessee sh~ll have -the option to tenninate the Lease by giving •City ~t least ninety (90) days! written notice of if$ intent to terminate or earlier with the mutual written agreemerit·of both p~u1ies. In such a situation, Lessee mu~- still comply with all of its obligations, JiabHities, duties and responsibilities under the Les$ee Agreement, including, without limitation, p!:lying any Rentdue up to the timeoftennination and sum;mderin.g the Pre-!lllses;pursuant to Se9tions 51 aild 52 below. Lessee\sRight to Cw;e City'sDefauU._,Upon _continuance of any b~faµlt, Lessee m{ly wi_th tqe· written approval of the City . Manager or their designee~ but is ·not obligated to, cure sµch De.foult clt t_he -Lessee's so1e·cost and expense urtiess otherwise agreed to in writing by the parties:Lessee must obtain all necessal'y permissions, permits, and approvals from,any-State ck·Federal :agency, if necessary,. before ci1ring any default. These remedies of termination is Lessee's sole and exclusive remedy for a default by City. SECTION 42. CONSENT When -City's consent/approval is required under this Lease, its consent/approval for one transaction or event shall not be deemed to be a consen't/approval to.any subsequent occul'rence of the.same or-~ny other transaction or event. 28 23-1)638/3S2S06 165 SECTION 43. HOLDOVER Shonld Lessee hold ovet· and continue in possession of the Premises after expiration or termination of this Lease,: with or without the expr~ss ptior written consent of City,,Lessee's continued occupancy of tbe Preipises shall constitute amonth-t_o-month .tenancy, subjecrto all the t~rtns ancl coilditjon;, of this Lease, at a monthly rent Qf one hundr~d ten percent (110%) of the prevfous calendar year's anrt~al Rent divide.~ .by twelve {12) (or the average monthly Rent for all 1:horiths Lessee owned/operated the Concession if Lessee has owned/opemted the Concession for less than one (1) year) or that month's ach1al Rent, whichever is greater, and shall not constitute a renewal or extension· of the Lease term. Percentage Rent ,vill be calculated at six percent (6%) of the gross income above Two Million Dollars ($2,000,000.) SECTION 44. WAIVER OF CLAIMS Lessee hereby waives any claim against -City, its officers, elected or appointed officials, employees, agents or volunteers for damage .or loss caused by · any suit or pro.ceeding directly or indirectly attacking the, validity of this Lease, or any ~rt thereof, or caused by any judgment or award in any suit or proceeqingdeclarh:ig this Lease -null , void or void&bfe, or delay_ing the Lease or any part t4ereof from :beiQ.g carric_d out. SECTION 45. INSPECTION OF PREMISES Upon .at least.twenty-four (24) houl'~,adv.ance written, ver\>al or electronic notice giren'by City to Lessee, Lcs~ee shall permit City or City's agents; representatives or employees tlferiter the Premises at all reasonable· times . for the putpo$e of .inspecting;: investigat'ing and . suf•veyi1~g the Premises ·to determine whether Lessee is complying with th~ terms ·:of this Lease and for the pul'pose of dohtg other lawful acts that inay be necessal'y to p1:oteo.t City's interest fo the ·Premises o.no p,e1fo.rm City's duties under this Lease. City shall make qt1artei'ly·physicai hispections of the Leas·ed Premises and may direct that interior mainterian-ce or outdoor painting repairs are to. be performed where:such work is ,necessary to protect the Premises or to providei a clean, attractive and welt~mai_otained premise. Lessee shall perform those maintenance and repairs which they are responsible for within thirty (30) calendar days. City also shall have the right in its sole discretion to do any and all work of any nature necessary for the preservation, maintenance and operation of property owned,. controlled or occupied by City. Lessee shall be given reasonable not ice when such work becomes necessary, and Lessee ,shall adjust the operation of the Concession in sµc h a .manner that City may proceed expeditiously. 29 23-13638/352506 166 SECTION 46. SURF CAMERA FEED Lessee :may·install up to 4 cameras under-the pier to-play live surf feed, subject to·a sepal'ate license agreement to be appro'ved by the City Manager. A detailed plan showing the. location ,. method of mounting and powering the c~eras will be provi~ed by the Lessee prior to insfollation and subject to appr.oval by the City, in th~ City's sole di.scrct,ion. Any ~11com_e earned from the use ~f the ca~eras will be included in the .Lpssee's Gross Revenue . The·cameras will be immedialely rem9ved or reloc~ted. upon-requ~st by the City and' a~ no cost or exp~1_1se:to tl;ie City ; SECTION 47. "PHOTOGRAPHY Lessee acknowledges and agreeS-that City may grant p~rmits. to third pl;lrties engagea in ·the proquc~iqn ofstill and motion pictures and related activities to take photogr~ph;> or vid~os of or on the Premi,ses when sucb permission sruill not interfere with the primary bl1sil1ess. of Lessee~ without providing Less.ee with n9tice 01· requir'ing qonsentby Lessee. Pr.ior to the issuance of'any photography_ or filming pennit, tbe 'film permit applicant oi· producer must acknowledge that it.has fuH tespon-sibility for obtaining all necessary approvals fot the use of any private pl'opeity'or non city public property. This requirement in.eludes ,vithout limitation that the ftlm petmittee or producer is responsible for obtaining any and all penuissions, licenses or other required authorizations for use of intellectual property,. Including .intellectual property which is on City property but is not owned by the City, SECTION 48. HAZARDOUS SUBSTANCES Lessee represents and warrants -that its use or occupation of the Premises shall not generate any Hazardous Substance (as defined below in this ·sectiori), and it shall not store or dispQse on the Premises nor tran~porHo or ovc;1: the P1:cmi~cs any J-Jazardoas Substance qur(ng th~ enti~e"te1m ofthis L~ase or any r~newal~ orexten~ion.s thereof-or during f!IlY holdover pet'iod . Thef9reg9ing re_strictions sh~ll ~ot be deem~d to resfri_ct or p1·ohibit the use by Lessee· of ordfnary cleaning products llS-customarHy :used in L'ess¢e's ol'dinary ~ourse of business at U1c Concession, provided that Les1jee complies with all pro visions of Jaw as to the use; storag~ and disposal of such prodticts-. Lessee further agrees to cleun up Md remedinte any such Hazardous Sub'stuncc oil the Premises: •und agfees to protect, defonu, indemnify and hold nannless City 1 its officers, elected or appointed official ~, employees, agents-and volunteers from and against any and nil ·claims , damages, loss·es, .expens es.Judgments, demands and defense costs(irtcluding, witho1Jt ll#}itatfon, costs and t~es of litigation (including-arbitration) of every nature. odiability of wiy kind or nature) arising o-ut of or 30 23-13 6.38/352506 167 in connection witb any such Hazardous Stibstance and any damage; loss, or exrense or li&bility resulting from_ any such Ilazardoµs Substance indud1n~, without limitation, all attorney's fees, costs and penalties incur1ed as:·a result the1·eof except any release caused by the sole negligence or willful t'nisconduct ·of City. Lessee will conduct all defense at its sole· cost arid expense and City shall approve selection of Lessee's col.iilsel. This indemnity shall app!y to all claims and· liability regardless of whether any insurance policies are applicable, The, policy limits do not act as limitation upon the amount offndemnification to be provided by Lessee. "Hazardous .substance'' shidl be interpreted broadly to mean any substance or material defined or designated as a hazardous or toxic waste, hazardous or toxi\.r mf\terinl, hllzt\rdous or toxic . or ra~lionctive substance, or othet' similar term, by any Fcdei:al,. St~te .or local enyiropm_entaUnw, reguJati9n or. rule presently in, e{fect or promulgated in the future , as such law, regulation or rule may be amended from.time to t_une; and it shall be inteq,retea to in:clude, with<>utliniitation, any substance whlch after -release into· the ·environment wiU 01· may reasonably be·.ariticipat~d to ca\Jse sickness, death or dis~ase. SECTl()N 49. NONDISCRIMJNATION Lessee and Hs. employe:es shafl not discriminate because of race, religion, color, ancest.zy, sex, ge11der, gendeddentity or ¢xpression, age, religion, medica.l condition, gertetic information, inadtal status; military .or veteran status, national origin or .physical or 111e11tal handicap ~g~inst any person by refusing to· furnish. such person any accommodation, facility, rehtat? se.1.--vice.or privile~e offered to or ~enjoyed by -the general public. Nor .shall Lessee or its employees publicize the accommodation, . .facilities> _rentals, services or privileges in 'any manner that would directly or inferentially reflect upon or question the acceptability of the patronage Qf any pel'son bccaus·e of race1 religion, color, ancestry, sex, ~get natioual odgin or phy"sical handicap .. In "the perfom1ance of this Lease, Lessee shall not discriminate against any employee or applicant for employment, because of race, religion, color, ancestry,, sex , age, national origin or physical handicap. Lessee shall take ~ffirmatiye action fo ~n_sure that applicants ure cr_nployed and that ·employees are treate_d during employment, without reg~rd to their race, religion , color, · ancestry, sex, age, national _prigin or _physical hanaicap. Such action shall incl_ude, without limiMion, the foliowing: employment, upgrading, deniotion or trausfel'; r~l'\litment o_r recruihnenr advertising; htyoff or tennination; rates ofpay or othet.forms of compensation; arid selection for training; including~ with(mt limitation, apprenticeship. Lessee sha.ll post in 31 2J,IJ638/JS2506 168 conspicuous places, available to all employees and applicants for employment, notices setting forth the provisions of this Section. Lessee shall permit access to its: recor9s of employment, employment adv~1tisements~- application forms, and other pertinent data and records by City, the State Fair Employment Practices C9m.n;iission or any other age,r~Y, with jurisdiction_ over these matter$, fo,r the purpose of inw;stigation to. ascertain complianc¢·with this Se¢tj0,n. City may determine a violati<>n of this Se_cti<;>n to hav~ occurred upon )'eceiU-t of" a fi.nal juggment having that effect from a court in an action to whi:c,h L_essee was a party, o.r upon receipt of a wdtten notice from the State Fair Einpl(?.yment Practices Commission oi: other _government -agency with jurisdiction over these matters that it has investigated and determined that Lessee has violated the Fair Employmen't Practices Act or other applicable· discl'iminatfon law and has issued art order which has becm'rie finai, or obtained an injunction. In the event of violation of this Section, City shall have the tight to terminate this Lease, and any loss ofreveb.ue sustained by City. by reason .thereofshall:be borne -and paid for by Lessee, al its sole cost and expense . SECTION SO. SALE OF ALCOHOLIC BEVERAGES AND ENTERTAINMENT The prc;>posed sale or provision of alcoholic beverages is hereby authori_zed as long as the Lessee t)laintaihs all requil'ed City (C.U.P. No.22-012) and State (Alcohol Beverage Control) approval$ and abides by all their conrjiH011s-of appi'ovai. Lessee shall abide by -th~ following conditions which are a substantiv:~ an<l materl~t condition of this Agreement. Failure tQ abide by any of the following ~ondi(ions may be considered a ·maJeriaf breach of ·this Agreement at the City's sqle disct-etion at'1d the Cify may terminate this Agree1nept per _the provi~ions contained herein. a. The:daily hours of operation sh~ll be limited to .6:00 a.m. to 11 :30 p;1n. b. Lessee is required to have all elements ·of thejrbusiness open to the publfc and operating a minimum ·0£ Three Hundred and Thhty (330) days _per calendar year. 111e restaurant ,lnd bar must remain open to th~ p_ubJic and provide service ~-- minimum of seven (7) hours per day. -The Bait and Ta~kic Shop must remain open to the public and pro.vi de service a minimum of six ( 6) houts per day. c. No new customers shall be permitted to enter the alcohol busin~ss 30 minutes before closing. d. A minimum of 70 percent of the net floor area of tfie altohol business shall be 32 23-l 363&/JS2S06 169 des,ignat~d for <lining. The, dining area· excludes ateas µsed for cooking,, kitch~n p1:eparation, office, storage, and t'estrooms and also exclucting 6litdoor dii1ing areas. e. All ai:eas of the alcohol business that are accessible to patrons shall be, ilium1hated su0h that the appearance and coilduct of all people in the alcohol business -are visible from inside U_1e alcohol business. f. Food service from the regular menu must be available to-patrons up to one (1) hour before ~e scheduled closing tim~; including a cook and food servers shal l be on duty , g. In addition to any ABC requirements, the-following alcohol related conditions shall bereqt1it'e& i. ,An employee ofthe alcQhol. business m~tmonif_pr area$ when~.alcohol is served. ii. Al~hoHc dri1_1ks shall J1ot be includ~d ip the P.rice Qf adrnission _ to · a!lY alcohol business. -m. All _ akohol shall remain within the alcohol business pi-:emises~ including o_ritdoor dining .area. JV, Se1;vice ·of alcoholic bevera&~s for consumption off-site .shall not 1:i.e pennitted. v. There shall be n6 requirement for patron~ to _purchuse a minimum number of . alcvholic drinks. vi. Games or contests requil'ing or involvhlg ·consumption of-alcoholic beverages shall be prohibited, vii. No reduced price or piomotions of alcoholic beverages shall be allowed ~er 7:00 p.m. viii. Fin~l announcements th\lt infonn -patrons the kitchen and/or bar will stop accepting orqer·of alcoholic beverages (i.e. la$t caU for alcohol) shall be at least 15 minutes prior to closing. ix, Consumption of alcoholfo beverages by on-duty employees; including serYers, bai1enders, kitchen ,staff, management and supervisory personnel is 11ot permit~ed. _x. Mandatory Respons.ible. Beverage $~rvice (Ras) training arjd certification shall Jie requhe for new employe.es within_ 60 qays of being hir~d and .(or existing 33 23,13638/352506 170 employee$ eve1y J,:2 r1w.oths. Trai11ii1g shall be· prQvided by AB·c Ol'. an ABC approved RBS traine{and records of the _t1'ai11ing nmst be maintained on site:for review. h. All owners, employees,, representatives, and a~ents musfobey all federal,.state, and local laws. In addition; all conditions of the Condition Use Permit; Alcoholic· Beverage Control License, ·and any: other regulations, provisions, or restrictions prescribed by an agency with jurisdiction over the premise are required as part of the CUP to -be· followed . i. No patrons shall be permitted to loiter within the vicinity of any entl'ances rutd exits at any time. j. Alcohol businesses slwll install and maintain.a video sljn,eillance system to monitor a_l l d9ors, eating areas, parking areas, and public area of premises and shc1ll make the yidco ayail~ble to the PoHc~ D!!parµtlent 1 Electrol)_ic cqpies cl video m4st be made ~vailable to the Huntington Beach Police Depart_me.nt with_in 48 hours of'request. Digital recordings shall be made 1:'lVailable for viewing on-~cene upon request by a Police Officer. The business shall.retain Vldeo surveillance for one~morith. All video . surveill~nce cameras mus~ recorg in <;0!01\ with digitaJ record1n~ to DVR a.nd able to record in low light. k. In addition to the Downtown Specilic Plati altd Hi.1rtti11gton Beach Zoning and Subdivision oi'dinance, nil signs shall ·comply with the· following: i. There shall be rio exterior advet'tising or'·sign of nhy .kind or fype ; it1cludi~g advertising directed to the exterior from within, pronioting oi• indicating the availability of alcoholic beve·rages. No interior displays of alcoholic beverages or signs which are clearly visible fo the exterior. II. There shall be no window coverings or advertisements that reduce the. visibility inside . of the. business. iii. Signage, posters, and advertising with it Do Not Drink and brive'' .shall he posted in the business·. Iv. Sign$ shall be·posted in a conspic~ous space at the entrance/exit or the restaUl'ant and Qlitdoor dining ·areas which .shall state, "NO ALCOHOLIC .B~VERAOES 13.EYOND THIS POINT.'' 34 23-1 l638/3S2S06 171 I. Dancing and/or dance floor and/or live entertainment is prohibited . A new or amended Cond.l.tional Use Permit and E11tertaininent Permit, issued by tlie City, shall be required for these .additional activities. m. The patio . shall have a physical barl'iei1 measuring a minimum 36 inches ii1 height, surround ing the outdqor dinii1g area· and de&igned in a manner that will prohibit · passing of alcohol through the barrier. The abiliJy to .sell aJcoholic ~eyerages is conditiQned upon Lessee's maintenance of an -active license with Ute. California Dep(lt·bnent of Alcoholic Beverage Control ("ABC''). In the event Lessee faces disciplinary action before the ABC that ·results in the ABC recommending xevocation ·of Lessee 5s license~ the City may suspencl or terminate Lessee's-right to sell al~oholic beverages. by providing wtitten.notice to Lessee -and .Lessee expressly agrees that the City will not be subject to damages in Jaw or equity i,f the City exercises,sµch right. Should the Lessee face ,.disciplii1ary action before the ABC th(\t results in the ABC recommending revocation of the Lessee's license, the Lessee. is required to notify the City in writing within forty-eight (18) hours of becoming aware of the recommendation. SECTION 51. LIENS Lessee shall keep the Premises free and clear from any and all liens; including, without limitation, mechanics' or matcrialmcns' liens, claims and demands forwork -pert'onrted, matm-ials furnished, oi' operations conducted on or about the Premises or by reason of any use or occupancy by Lessee,_ or any person claiming under Lessee. When-applicable, Lessee shall .cause a notice of nonresponsibility, on behalf of the City, to . be posted and recorded ·pursuarit to California Civil Code Section ~094. ~l!;CTIQN 52! INST ALLA TI ON AND REMOVAL OF TRADE-FIXTURES Lessee_ .shall have the rigl)t during the entire term of this Lease or any renewals . or extensions theteof, at Les~ee's sole· cost and expense, to install or affix in, }o, <>r Qn the Prem.ises any machinefY, equipment and otheq)bje9ts (the "Trade Fixtutes 11), for use in Lessee's trade or business a.s Lessee mny deem advisabfo . Any and all such T1:ade. fixtures that" cn11 be 1·tm1.oved. without structural damage to the Premises shall, subject to Section 56 below, temain the property ·of Lessee nnd may be removed by Lessee atarty"tim~. prior to th~ expiration or termination of this Lease, provided Lessee repairs a1iy da.mage cause9 by .the removal. l Jpon execution of this Lease and every anniversary, Lessee shalf prov ide City with a list of all Tl'ade F1xtt1res on the Premises. 35 2J• D638/3S2S06 172 SEC'tION 53.. DESTRUCTION Should the Premises be ·partially destroyed , this Lease sbull coiltinue in tull force ,and effect, and Lessee, at Lessee's sole cost and expense, shall complete the . woi:k of repairing ·and restoring the Premises to theit priot condition providing such woi-k can be:accomplished under all appiicable governmental laws and regulations within ninety (90) d_ays ot the remainir,g life of the lea se, whichever. is less. Should the Premises be so far destroyed that in the p~rt~es' reasonable judgment they cannot be repaireq or-restored to :{heir fonner condition within ninety (90) days or the remaining life ofthisJease~-whichever is less, then a party · shall give ·the-0ther patty notice of such determination in writing and each party may, in that party~s sole discretion:· (a) Continue this Lease in full force and effect in which case Lessee sh~ll repair and restore, at Lesseei_s sole cost and expense, the Premises to their fonner condition; or, (b) Terininate this LecJse. _by giving .the· Qtl\er party thirty (3.Q) d(lys' written notice of such termination within sixty (60) days aftet· the elate that a party gives the other party notice th~t the Premises c11nnot b.e repaired or restored to their former condition within ninety (90) dars or the remaining life of the lease, whichevei• is less. In the ev1;,nt that -~ither p!l_rty ehicts to terminate this Lease1 tb.e entir~ amount of any insurance proceeds ( excluding such proceeds for Trade' Fhcttires, personal property, whether or not owned or leased by ·Lessee and trade inventory, but only fo the extent that the insurance proceeds specifically cover those items) shall be paid to City. The proceeds .of any such insurance payable to City may ·be used, in the sole disci'etion of City, for rebuilding or repair as necessary .t~ restore the Premises or for any other such pul'pose(s) as City sees fit In additio11, if a party elects to terminate the Lease, all parties must still comply with a.11 of its obligatjops, liabilities, dut\es and responsib\litle$ utidet the Lease; including, without limitation , paying any Rent dµe µp to the time ,of termination and sutrendering the Premises, pursuant to $ecti9ns -55· ru:id 56 bel_ow. In the event ofthe damMe or destruction ofltnprovements; Ti:ade .. Fixtures and/or personal property 't_oqated on the ·Premises not. givin·g rise to a te1'inination of this Lease,, Lessee shrill, at it$ .sole .cost and expepse, replace and repair· the &ame as soon as reasonably poss.ible to permit the 36 '23 -13~38/352506 173 prompt continuation of Lessee's business at the Premises, unless such damage or destruction is_ caused by. the City. SECTION .54. ABATEMENT OF RENT DURING REPAIR WORK The-Rent shall not be abated for the tim,e Lessee is prevehted from using the whole or a ·po1·tion of the Premises, unless.such loss oftime is caused by City"neg]igence or willful misconduct unless Qtherwise-specified in this agreement. In addition, Lessee shall not be exctJsed from the payrnent"of taxes, insutance oi· arty other obligations for the time Lessee. is prevented from ilsing the -whole 01· a portion .of tlie Premises, unless such loss is ·caused by City or its subcontractors and/or permitees; ·City retains the right to-close the or the Premises or-pier for emeq~encies without any notice_ to Lessee, for any extent of time and without compensation or ci•edit except Lessee may be provided rent credltequiyalent tcnhepetiod the Lessee was prevented from occupancy, ~t the discretion of the City Manager or bis or het desighee. SECTION 55. EMINENT DOMAIN If, during the term of this Lease ·or any renewals o.r extensions thereof or during a11y holdover period, 'City's real property (.whether held by City in fee simple,;~ easement interest m· otherwise) and/or the Premises is taken in eminent domai!l by an entity ot~e\·than City, the entire &ward (that. is, ~ll forn1s) of compen~ation1 other than as provided herein, shall belong to and be. paid to City, J(1 _the event of condemnation, Lessee shall be entitled to an award of only the following fonns of compen,satiort, ifany, from the ·condemning •authority: compensp.fion for loss of business pl'ofits;_ business goodwill; ~ompensation for the vi\!,ue of any of Lessee's Trade Fixtures; compensalitm f'or the valu~ of ajly of Les$ee's personal property;-c;oinrensution for the value of any of Lessee's trade inventory; and compensation fot' relocation benefits as authorized ·by law. All other forms of compensati6n, such as, for example~ but.Mt by way 0£ limitation, any bonus value of Lessee's interest in.this Lease, shall belong_to and bcf paid to City. In the. event of . cot1demnatio11, milessLessee is allowed by the condemni~g authority to contintte its operations on the .-Pi'emises, the Lease shall tenninate on the earliest of the followiqg dates: the date the condemning atithority obtains a prejudgment order for possession; the date title to the Premises -vests in the cot1demlling authority; or the date when Lessee is required by the conderrlliing authority to .cease its operations , 37 23-IJ6JS/JS2S06 174 SECTION 56. RELOCATION AND ASSISTANCE. BUSINESS GOODWILL AND LEASEHOLD BONUS VALUE Upon expiration ot· termination of this Lease for any reason, bufexcluding ·eminent domain, Lessee shaJl not be entitled to any relocation ri~Jits cfr benefits,.: business goodwill or bonus value attributable to this Lease, and Lessee expressly waives any claim to the same. SECTION 57, QUITCLAIM DEED Upon expiration or termination of this Lease as provided for }:ierein, Lessee shall_ execute an_d deliver to City within· thirty (30) days thereof, ~ .good and sufficient quitclaim deed to the rights and fateresfs of Lessee in the Premises and the Le_ase. Should Lessee faH or refuse to deliver to City this quitclaim dee~, City may record in the Orange County Recorder's Office a written notice . reciting the failure of L.essee to exe.cut~ and _deUve,; this quitclaim deed . The ch•te of recordat.iqn o.f tl,tis notice hJ City s.haU be conclusive evidence against Les~ee and alt pel'Sons cl~iming umft{r Lesi:;ee of.the .t,xpiration or tctmihatioQ.of.tbt!;I Lea§e·an~ arty dghts or interes~ of Lessee ih the Prernises and/Qr the ·Lea~e . Lessee also agrees to execute, acknowledse, and deliver to City any other instrument t'equested by City as necessary to pe1fect City's right, titte·and interest to the Premises. SECTION 58. RESTORATION AND SURRENDER OF PREMISEStrITLE TO IMPROVEMENTS TO THE BUILDING On exphation or lenninalion .uf this Lease, Lesst:e shall, wilhout compensation Lo Lessee, promptly surrender -and deliver the Premises to Cfry in as good condition as such were at the __ cornmenccment dnte of this Lease, reasonable wear and tear excepted, Lessee .also shull) without compensation to Lessee, silrrender all Improvements to the building to City in good condition and repair, ordinary wear and tear excepted, free _and cleat of alt Hens and encumbrances. Lessee also shall remove all Trade. Fixn1res, personal property and trade invent9~-y. -City may in its sole dlscreUon,accept all or any porti9n ~fthe Premis~.,as then improved wi.th linprovetnents and no sum whatsoever shall be paid _ to Lessee or any other person; or City may require Lessee tQ xemove all or any port.ion of such ltpprovernents to the building, at Lessee's own risk and cost-and expens e; ot City may itself remove or have removed all or any portiQn of.such lmproyementq-to the building, at Lessee's own dsk a.nd cost_ and e~p~nse. If"required by ·City to. do so, in removing any such · improvements to (he h1Jilding, Les $ee shall restore the Premises a_s nearly . as rossibl~ to the· conditions existing prior ·to their iQ&tal!ation or ~onstru~tion. A-11 such .removal and restoration 38 23-13638/.lS2506 175 shall be to the satisfaction.of City and shall be complete<{ within ·thirty (30) .days of the e1<piration or termination of this Lease; provided, however, that Lessee .shall Qe con~ideted a hoJdover tenimt (pursuant to Section 4~ ~hove) after. expiration m: t~rn1in!\tion of tlw Lease until the time Lessee comple.tes this removal an4 restor~tion work, including, without limitation, the removal 'of any Trade Fixtures, personal llTO(lerty ~nd trade invcnto1r left on the Premises. In addition, any Trade Fix~ures, personal property-011. trade inventory 1(.}ft on the Premise$ after the expiration of this 30- day period, regardless of cause, shall be deemed abandoned by Lessee. ln City's sole discretion, it. may choose· to do one or tnorc-oJ the ·following: ( 1) take any or all of such Trade Fixtures, personal properly ·and trade inventory as City property; (2) store any or all.of such Trade Fixtul'es, personal property and trade inventory in a public warehouse m' other location at the sole cost, expense and risk of Lessee, and for the account and in the name of Lessee; or (3) dispose of any or all of such Trade Fixful'es, j)el'Sonal prope.rty and ttad.e inventory_ without any liability to Lessee. ~ addition, Lessee's indemnification~ hold bar91l~ss and defense 9bligaUons se.t forth in (his Lense shall apply to such Trade Fixn1res, personal property and/or tl'ade inventory, and to City~s ~ctions with respect. thereto. SECTION 59. FORCE MAJE URE -UNAVOIDABLE DELAYS Should the performance of any act-tequired by .this Lease to be performed by either City or Lessee be prevented or delayed by reasoi:i ·ofan act of God, stcik~, lockQut; labor troubles,.inabi_lity tQ secure materi;ds, restrictive· governmental laws or regµlations, or any o.thenmforese~bl~ at the time this agteem~nt was signed cause except financial lnability not the fault of the •.party required to perfonn the act, the lime for performance of.the act shall be e.xtended for a p~riod equiva,le1itto the period of delay and perfonnance of the ·act dming the period .of delay shall ·be excused, Provided, however, that nothing contained in this.Se.ction shall exclise ,the prompt payment of the Rent oti other consideration by Lessee as required by this Lease or :the performance of any act rendered difficult solely because of the financial condition of the patty, City or Lessee, required to perform the act. SECTION 60. CITY's -oPTrONTO CLOSE THE PREMISES City may close the Premiseswithout liability and withoufadvance notice to Lessee therefor at any time as City in its sole di~cretion deeqis necessary for the protection of life; limb or property, or for ptiblic health, safety or welfa~e purposes. The City ~1ay clm,e the Premise.s without liability for other City a~tivities or special events, or to effect any repair, remodeling or rebuilding .deemed 39 2J-13638/3S2S06 176 necessary by the City Manager or. his or her designee or the Director of Commuµity and Library Services or his or her designee. TJie City will ~ttempt to give reasonabl~ notice if possible to the L~ssee. City retains the right to close the or-the Premises or piel' for emergencies withput any notice tQ 4ss,ee, for -any extent of time and without compensa\fop or credit ex:cept Lessee m~y be provided rent credit equivalent to the period the Lessee was prevented from occupancy,. at the discretion of the City Manager or his orherdesignee. SECTION 61. DELIVERms OF SUPPLIES, REMOVAL OF TRASH & GREASE The City Manager or ·his of herdesignee of City may establish the days and times ·deliveries of supplies1 and -removal of trash and grease may be made and advise Less ee in writing thereof. In most cases, deliveries will be allowed .daily with a delivery window of four (4) hours between 7am and I lam daily~ Delivery supplies, removal of trash and grease days and tiines·_may be prohibited or changed due.tot but not limited to,. spe~ific events, emergencies; repa_irs to the pier, im.possibilify, p,rotests, public·safety conce1:ns,-and.severe weatheJl ~vents at the discretion of tQe City fyfanag~r 01·. his or her d~ignee. SECTION 62; EMPLOYEE PARKING A.U empk>yee· parking sluill comply with Huntington Beach M:uni9ipal :Code Section 13,08:290(d) and (g). SECTION 63. CONFLICT OF INTEREST Lessee warrants and covenants that no official or employee of City, nor any b.usine$s entity in which an official o'r employee of City is interested, (1) has been employed or retained by Lessee to solicit or aid in the procuring of this Lease~ or (2) shall be. employed' by Lessee in the perfonnance of this Lease Without the immediate written divulgence of such fact to City. In the event City determines that the.employment of any such official, employee or business entity is not compatible with such official's or etupJoye e's duties as an official or einployee .of City, Lessee~ upon request of City1 shall terminate such employment immediately. For breaches or .violation of 'thi s Section, City shall have the right both to tetlninate this Lease without liability and, .in its discretion;recover the full .-amount of any stJch compensation paid to su~h official, employee or l>u$ine~s entity.· No official or employee of City shall have any financ.ial interest in this Lease in violation Qf the applicabl~ prQvfaions of the Cal.ifomia Government Code. 40 · 23-136)8,1.}52506 177 SECTION 64. NOTICE: Unless specifically providing for verbal or electronic notice, all notices, certificates, or other comrnunicat_ions required to be gh,:en hereunder shalt be in writing and made in the follow1ng I]lann~r ,. and shall be su(ficiently given and deemed received when (a) personally d~livered; or (b) t4ree (3) bµ~iness days after being sent via United S.tatcs certified mail -relU:rn receipt requested; or (c) one (1) busitres ~ day aftet. being sent by 1'eputable overnight couriel', in each cose to the addresses specified below ; ptovided that City and Lessee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates ·or other communications will be· sent: CITY: Ci.ty ofHuntington Beach ATfN: City Man.ager 2000 Main Street, 41h Floor Huntington: Beach, CA 92648 SECTION 65. COMPLIANCE WITH LAWS -LESSEE: S_urf Cily Partners,. LLC 221 M~in Street, Suite ~•s11 Huntington-Beach, CA 92648 Lessee, at its sole cost and expense, shall comply with all statutes, ordinances, ,regulations and reqllirements of all govern.mental entities; includj.ng, without Ji~itation, Federal, St~te, cofmty or municipal, relating to Lessee's llSC and occupancy of the Prem.ises and/M operation of th~ Concession whether suc h statutes, ordinances; regulations and requirements be no w in force _ or hereinafter enacted. 'I_'his Lease is expressly subject to the laws, regulations and pqlicies ·of City. Le~e.e shall deliver to City a copy Qf any no_tice from any governmental e11tity received by .L~sse~ regarding any alleged violation .of law regarditJ,g the Lease,-Premises or the Con~ession •oi• from a~y _person allegedly entitle4 to give notice under ~ny conditions, cove1umts, or restrlctfons birtdirtg or affe~tir:ig the Premises . The judgme nt of any court.of cornpetentjurisdicti"on, or·the ad mission by Lessee hi a proceeding brought ·against Lessee by any ~ovemment entity, that Lessee has violated any such statute, otdinance,l'egulation or requirement shall be conclusive.as between City tmd Lessee and shall be grounds for termi11atiort of this Lease by City. SECTION 66. INTiRPRETATION .OF THIS LEASE The language of all parts of this Lease shallin all cases •be construed as a whole, according to its fafr meaning, ·and not strictly for or against any of the parties. If any provision of this Lease is held by -an arbitrator or court of competent jurisdiction to be unenforceable; void, illegal or invalid~ such holding shall not invalidate or affect the remaining_ covenants_ and prpvisions. of this Lease. No covenant or provision shall be deemed dependent upon any other ,.mless so expressly 41 178 provided here. As used in this Lease_. the masculine or neute11 gender.and singular or plural number shall be deemed to -include the other whenever the context so indicates or requir~s. Nothing ~ontained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is. any conflict between any ptovisio11 contained herein and -any pxesent or future statute, law, oi:dinau_ce or regulation confl1!1'Y to which .the parties have no tight to contrJ1et, then the latter shall prevail, and the provision of this Lease which is hereby affectecl shall. be curtailed and limited ortly to the extent necessary to bring it within lhe requii'ements-qf the law; SECTION 67, SURVIVAL Terms ancl conqitio.ns ortl1is Lease, whlch by their sense and contexts~rvive the expiration o-r termina,tion ofttiis Lease_. shall ~o·survive. SECTION ·68, .MODIFICATION No· waiver or; modificatfon of any language in this Lease shall be vafid unless in writing_ and du_ly executed by both_ parties .. SECTION 69; SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Lease are mereiy descriptive and are included solely .fo.1' convenience .of reference only and are not represeritative of matters included or·excluded from such provisions, and do not interpret, de.fine, Jitnit or describe, or construe the intent of the -parties or affect the constructioi:i or interpretation qf ~my provisi<;m of this ~case. SECTION 70. BROKERS Each party warro_nts to and fo~· the benefit o{the other that it h~s had µo <iealings with ·any real estate broker o.r .other agent (attorneys excepted) in ~onnecdon with the ,negotiation or makitH! of this_ Lease. No br_okerage commissions or fel!S wm be p~id. SECTION 71, INDEPENDENT CONTRACTOR Lessee is, and shall be, acting-at all times in the perfonn~nce of this Agreement as an it1gl'pendei1t contr~ct0.i: hetein and not .as "i1 _etnplpyee of City. Lessee sbafl secul~ at its own cost and expen·se, :and·oe responsible for any and all_payment ofall taxes, socialsecurity,.state disabllity insurance compensation, unemployment compensation and . other payroll deductions for Lessee and its office.rs, agents and employees and all business licenses, if arty, in connection,with the Lease and/or-any,:servicci! to bc _perforriied hereunder . 42 23-1 J638/3S2Sl>6 179 SECTION 72. ATTORNEY'S FEES fo the-event suit is brought by eithet· party to construe; interpret and/or enforce-the terms and/or provisions of this Lease or to secure the performance hereof, -each party shall b~ar its qwn attorney's fees; such that _the prevailing party shall not .be entitled to recover-its attomey's fees froin • the non~prevai I ing party._ SECTION 73. LEGAL SERVICES SUBCONTRACTING PROHIBITED Lessee and City agree that City is not liable for payment of any subconh-actot work involving legal services; and . that ·such legal services are expressly 01.1tside the scope -of services contemplated hereunder, Lessee underst~nds that pur~uant to Huntington BC!lch City -Chartel' Sectiqn 309, the Cicy Attorney is t~e ex9lusive legal counsel for City; and City shall not be liable for ·po.yment 'Of any legal serv ices expenses incurred by Lessee. SECTION 74. GOVERNING LAW This Lease shall be governed and construed in accordance _with the laws of.the State of California. SECTION 7.5. DUPLICATE ORIGINAL The original of this Lease and one or mofo copies hereto have been_prepared a11d signed in com1.terpal.1s as duplicate origb1als, each of which so executed shall, .irrespective of the date ofits execution ·and delivery 1 be ·deemed an odglnaL Each d\ipllcate original shall be deemed an original instrument QS ~gnii1st nny ptirty ·who signed it. SECTION 76·. INTERIM USE ·p~om lease execution, and aftei' pt9:vt<ling all insurance r~_quired under this· lease, the Lessee will be :permitted, with app~oval _by the City Manager or his/her designee, to. opemte a kiosk/cart with limited product approved hY. the ·City M~ager during plan check and/or construction. This may be extended by written approval of the parties. Any operation m1Jst comply with alhules, regulntions~ and condiµons of approvalSby any other governme.nt agency with jurisdiction over the p,rc;mises. Rent shall be 10% of gross sa les pet Section 14 of this agreement titled GROSS · SALES D EFIN.ED. No later than .the fifteenth (15 th) day of each month; Rerit wiH be paid to the City by the Lessee, along with a financial statement and calculation~ sufficient to support. the validity of the amount remitted , per Sections · 15, l6 ; andl 7 and, it) u for~ acceptable to the City• s representative. 43 180 SECTION 77. LESSEE'S CONSTRUCTION OF IMPROVEMENTS As ·an inducement for the City to enter intff 'tlHs Lease·with the Lessee, the Lessee agrees -and covenants that Lessee. will construcf the . .reStf!uranf/retaif buildings and will renovate the. public restrooms .. to the sat;sfaction of the City and in ij Q1anner ~onsistent with all approved plans. Prior to s\lbmitting for permits; City Manag~L' pr his/her desi~nee ·must approve all pfan submittals. Lessee is responsible for ~omplying with th~ ,1tg1·eed upon construction schedule pel' Exhibit D . .The Exhibit and schedule may be modi.tieµ at the wd tten Joint. agreement of both parties. Lessee is responsible for complying with. arty_ changes or modifications required ·by any gpverning body as required by Federal, $..tate, and local law •. Lessee will conurtence the construction of the-improvements no , later than sixty ·(60)days ftQm the.i$suan~ of building pennits. During the course of ·construction, the Lessee will provide sufficient p~destrian anq vehicular access to the end of the· pier, as determined by the City; As part of the pennltting process, the City may reasonably condjtion any construction to ensure 1naximum pier ·access Jo the public,. S1\fety-of the cons.truc.tion site, and security of the other Pier·ten~nts._ Lessee may noi limit access or visibility to· any of the. businesses on the pier. Lessee will indernnify and hold the City harmless for any damage, loss of busines~ or loss of business .goodwill arising from tenant's construction activities or • operations. Lessee is required to pay and must requite any contractpr or ·sqbco1itractor to pay ·the preyniling wage rate set forth by the Labor .Cogefor any and all iulpl'ovements set forth in Exhibit E for which time Lessee is re_ceiving re.nt abatement. SECTION 78. WAIVER OF LfMITED FEES The City agr.ees to waiv~ .P.l!Ul check fees but not any associated impact fees ; cap.itn!Jn~ility fees or utility connection fees associated with the construction at' the restaurant / retail facility and the renovatiou of the publtc restrooms. This waiver will not .apply to any plan check fees but not. any associated impact.tees, capital facility . fees or utiHty corniection fce.si beyond fifteen month13 from the date of Lease exec~Jtion. S,ECTION 7.9, ENTIRETY The.parties acknowledge and agree that they are entering into this Lease freely and vohmtarily following extensive arm's length negotiations, and that each has had the opport:unity to consult with fegal counsel prior to executing this Lease. The parties also acknqwledge and =agree. that no representati~nsJ inducements, prom1ses, agreements or warranties, oral or otherwise, have been ma.de 44 23-13638/JS2$06' 181 by that party~ or any.one acting on that pat'ty;s behalf, which are uot embodieq in this Lease, and that that party · has not executed this Lease in reliance .on any teprcsentation, ina\1cement,. pi•omise, agreement, warranty_> fact or circumstance not expressly set forth in this Lease. The Lease; and t he attache<1-exhibits1 contain the entire agreement between the parties respecting the-·subject matter of this Lease, the Premises, the leasfng of' the Premises to Lessee, or the lease term created under this Lease and supersede all prior understandings and agreements, whether oral or in wdting between the parties respecting the subject matter· hereof; IN WJTNESS WHEREOF; ~he parties hereto have caused this Lease to be executed by -and thrQugh their auUtorize<l officers the day, month and year first .above written. ~ach undersigned l'epres~nts and warriin~. th_!Jt i_l~ signaLure hc::reinbelow has the power, au~ority and right to bind their resp~ctive parties -to ea.ch of.the terms of th!s Agreement and sball ind~mnify CITY fully for artY. injuries or dartmgcs to CITY in the eveni-that· such authority or power is not, in fact, .held by the signatory or is withdrawn ._ SORF ·CITY PARTNERS, LLC ITS: _t/Vice President AND Secretary -Treasurer .VED; 23•13638/352506 CITY .OF HUNTINGTON BEACI:I,.a municipal corporlltion-ofthe State of c~~ M~yor 4'~!!~k INI Kfim~D /Lo 182 EXHIBITS A . Exhibit "A" -CUP No. 22-012 dated July 28, 2022 B. Exhibit 11B 11 -Califomia Coastal Commission Notice of Intent to Issue Coastal Development Permit No. 5-22-0804 C. Exhibit "C" -Map of Leased Premises, Existing Photos, & Proposed Conceptual D. Exhibit "D" -Estimated Budget & Construction Schedule E . Exhibit "E" -Description of City-Approved Improvements/ Alterations to Premises F. Exhibit "F" -Inspection Form G . Exhibit 11G 11 -Rent Credit Schedule 183 EXHIBIT A CONDITIONAL USE PERMIT NO. 22-012 184 EXHIBIT A OFFICE of the ZONING ADMINISTRATOR CITY OF HUNTINGTON BEACH• CALIFORNIA P.O. BOX 190 (714) 536-5271 July 28, 2022 Jeff Bergsma TEAM Design 221 Main Street, Suite S Huntington Beach CA 92648 NOTICE OF ACTION CALIFORNIA 92648 SUBJECT: CONDITIONAL USE PERMIT NO. 22-012 (HUNTINGTON'S ON THE PIER} APPLICANT: Jeff Bergsma, TEAM Design, 221 Main Street, Suite S, Huntington Beach CA 92648 REQUEST: To permit the construction of a 250 sq. ft. kitchen addition and two outdoor dining patios totaling 620 sq. ft. for the establishment of an eating and drinking use including the sales, service, and consumption of alcohol (ABC Type 47 license) in an existing retail pad building (21 Main Street), and the construction of a 450 sq. ft. enclosed dry/cold storage room, two new ADA compliant restrooms, and a trash enclosure to an existing public restrooms building {22 Main Street). The request includes the operation of up to three freestanding retail kiosks, including one year-round bait and tackle kiosk, adjacent and ancillary to the proposed restaurant. The project is located within the Coastal Commission area of original jurisdiction and includes a review via an "approval in concept" process for construction. PROPERTY OWNER: City of Huntington Beach LOCATION: 21 and 22 Main Street, 92648 (Platform 3 of the Municipal Pier) CITY CONT ACT: Hayden Beckman DATE OF ACTION: July 27, 2022 On Wednesday, July 27, 2022, the Huntington Beach Zoning Administrator took action on your application, and your application was conditionally approved . Attached to this letter are the findings and conditions of approval. 185 Conditional Use Permit No. 22-012 Page 2 Please be advised that the Zoning Administrator reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Zoning Administrator 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 Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator'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. Said appeal must be accompanied by a filing fee of Three Thousand One Hundred Two Dollars ($3,102.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Four Thousand Two Hundred Eighty- One Dollars ($4,281.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is August 8 1 2022, at 5:00 PM . Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, unless actual construction has begun, or as modified by condition of approval. Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally .barred from later challenging such action pursuant to Government Code §66020. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Hayden Beckman, the project planner, at (714) 536-5561 or via email at hayden.beckman@surfcity-hb.org or the Department of Community Development Zoning Counter at (714) 536-5271. Sincerely, rz-r----- Ricky Ramos Zoning Administrator RR :HB:kdc Attachment c: Honorable Mayor and City Council Chair and Planning Commission Al Zelinka, City Manager Travis Hopkins, Assistant City Manager Ursula Luna-Reynosa, Director of Community Development Matthew Schneider, Planning Manager 186 Conditional Use Permit No . 22-012 Page 3 Tim Andre, Fire Division Chief Bob Milani, Principal Civil Engineer Steve Eros, Fire Protection Analyst Jacob Worthy, Fire Protection Analyst Property Owner Project File 187 ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 22-012 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any s ignificant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines because the project permit the addition of not more than 50% of the floor areas of two existing structures before either addition, which is considered a negligible expansion of the use. FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO. 22-012 1. Conditional Use Permit No. 22-015 to permit the construction of a 250 sq. ft. kitchen addition and two outdoor dining patios totaling 620 sq . ft. for the establishment of an eating and drinking use including the sales , service, and consumption of alcohol (ABC Type 47 license) in an existing retail pad building (21 Main Street), and the construction of a 450 sq . ft. enclosed dry/cold storage room, two new ADA compliant restrooms, and a trash enclosure to an existing public restrooms building (22 Main Street) 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 because the project is located within an existing City-operated commercial pad building and will accommodate a new restaurant with ancillary alcohol sales, and the operation of a maximum of three (3) freestanding com mercial carts/kiosks to serve the wide variety of needs of both regular and seasonal pedestrian visitors of the pier. The proposed structur al addition, architectural features , and establishment of a restaurant including the service of alcohol, will benefit and serve the other commercial uses on the pier and provide a wider range of commercial visitor recreational amenities on the pier. The sale, service, and consumption of alcohol within the restaurant interior and outdoor dining patios is not anticipated to generate additional noise, traffic, or impacts above existing conditions. The project request does not include live entertainment, and the site is located on the Municipal Pier, surrounded by the ocean, and no impacts to neither adjacent commercial uses nor residential uses would occur. The proposed project has be en reviewed by other departments, including Police, Fire, and Public Works, who have provided suggested conditions of approval that will limit the use and manner in which the restaurant and outdoor dining patio operate to ensure that operations will be compatible with the pedestrian oriented pier environment. 2 . The granting of Conditional Use Permit No. 22-012 to permit the construction of a 250 sq . ft . kitchen addition and two outdoor dining patios totaling 620 sq . ft. for the establishment of an eating and drinking use including the sales, service, and consumption of alcohol (ABC Type 47 license) in an existing retail pad building (21 Main Street), the construction of a 450 sq . ft.-enclosed dry/cold storage room, two G:\ZONING ADMINI STRATOR\ZA LTRS\22\CUP 22-012 (Hun\inglon's on th e Pler).doc Attachment 1.1 188 new ADA compliant restrooms, and a trash enclosure to an existing public restrooms building (22 Main Street), and operation of maximum of three (3) freestanding commercial carkslkiosks will not adversely affect the General Plan because it is consistent with the Land Use Element designation of CV (Commercial Visitor) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Goal LU-1 : New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1 (C): Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1(0): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Goal LU-2: New development preserves and enhances a distinct Surf City identity, culture, and character in neighborhoods, corridors, and centers . Polley LU-2(8): Ensure that new and renovated structures and building architect ure and site design are context-sensitive, creative, complimentary of the city's beach culture, and compatible with surrounding development and public spaces. Coastal Element Policy C 1.1.4: Where feasible, locate visitor-serving commercial uses in existing developed areas or at selected points of attraction for visitors. Obiective C 2 .2: Encourage use of City and State beaches as a destination point for bicyclists, pedestrians, shuttle systems and other non-auto oriented transport. Goal C 3: Provide a variety of recreational and visit or commercial serving uses for a range of cost and market preferences. Obiective C 3.1: Preserve, protect, and enhance, where feasible, existing public recreation sites in the Coastal Zone . Policy C 3.2.4: Encourage the provision of a variety of visitor-serving commercial establishments within the Coastal Zone, including, but not limited to, shops, restaurants, hotels and motels, and day spas . The request will e xpand and enhance the range of goods and services provided to visitors of the pier by providing additional visitor serving commercial opportunities that aid in developing a stronger linkage to coastal recreational resources in the area . The proposed restaurant with ancillary alcohol sales, service, and consumption G:\ZONING AOMINI STRATORIZA L TRS\2 2\CUP 22-012 (Huntin gton's on the Pier).doc Allachment 1.2 189 provides expanded goods and services to meet the needs of the area and will add to the capture of sales tax revenue. The proposed project will repurpose an existing commercial retail building on the pier that currently provides adequate accessibility for year-round visitors, and will maintain sufficient access along the perimeter of the pier for the public, as well as access for emergency and service vehicles . The proposed carts/kiosks create an appropriately scaled retail experience oriented towards the pedestrian activity on the pier, and year-round sales of bait and tackle ensures a continuous public recreational benefit. Further, the proposed project's overall design, colors, and materials are conditionally recommended by the Design Review Board and incorporate Art Deco and signage elements that are evocative of past restaurant operations on the pier, and the project compliments the city's beach culture and identity in a way that is compatible with surrounding uses. 3. The granting of Conditional Use Permit No. 22-012 to permit the construction of a 250 sq. ft. kitchen addition and two outdoor dining patios totaling 620 sq. ft . for the establishment of an eating and drinking use including the sales , service, and consumption of alcohol (ABC Type 47 license) in an existing retail pad building (21 Main Street), the construction of a 450 sq. ft. enclosed dry/cold storage room, two new ADA compliant restrooms, and a trash enclosure to an existing public restrooms building (22 Main Street), and operation of maximum of three (3) freestanding commercial carks/kiosks 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 (HBZSO) because the establishment of an eating a drinking use with alcohol sales and the operation of commercial carts/kiosks are permitted subject to a Conditional Use Permit within District 6 of the Downtown Specific Plan . The proposed restaurant, outdoor dining, and commercial carts/kiosks will result in the reuse an existing commercial building in a manner which conforms to applicable site development standards, including setbacks, height, and access. The applicant will maintain a 10 ft . pedestrian access way along the perimeter of the pier, and will provide a long term lease for nine (9) off-site parking spaces for the proposed project in excess of any parking requirement applied to commercial uses located on the pier. CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 22-012 1. The site plan, floor plans, elevations, colors, and materials received and dated June 16, 2022 shall be the conceptually approved design with the following modifications: a. The applicant shall incorporate a tile with heightened geometrics to strengthen the Art Deco design. (DRB) b. The applicant shall include vinyl or polycarbonate materials to ensure the longevity of the awnings and/or shade coverings. (DRB) c. All trim and flashing shall be stainless steel. (DRB) G:\ZONING ADMINISTRATOR\ZA L TRS\22\CUP 22-012 (Hunlinglon's on lhe Pier).doc Attachment 1.3 190 d. The applicant shall incorporate a flat glazed roof t ile of clay or similar material for the roof(s). (DRB) e. The applicant shall incorporate an architectural accent of black colors or materials in addition to the proposed color palette. (DRB) f. The applicant shall consider incorporating the same colors and materials for the additions to the pu_blic restrooms building as those for the proposed restaurant. (DRB) g. The proposed trash enclosure(s) shall be located to allow for a minimum of 3 bins, for organics, recyclables, and landfill trash. (PW) h. Proposed materials for the exterior portions of the buildings shall be comparable and compatible with materials utilized by the City elsewhere on the Pier to ensure durability (PW). 2. The use shall comply with the following conditions: a. The daily hours of operation shall be limited to 6:00 a.m. to 11 :30 p .m. b. No new customers shall be permitted to enter the alcohol business 30 minutes before closing. (PD) c. A minimum of 70 percent of the net floor area of the alcohol business shall be designated for dining. The dining area excludes areas used for cooking, kitchen preparation, office, storage, and restrooms and also excluding outdoor dining areas. (PD) d. All areas of the alcohol business that are accessible to patrons shall be illuminated such that the appearance and conduct of all people in the alcohol business are visible from inside the alcohol business. (PD) e. Food service from the regular menu must be available to patrons up to one (1) hour before the scheduled closing time, including a cook and food servers shall be on duty. (PD) f. In addition to any ABC requirements , the following alcohol related conditions shall be required: i. An· employee of the alcohol business must monitor areas where alcohol is served. ii. Alcoholic drinks shall not be included in the price of admission to any alcohol business. G:\ZONING ADMINISTRATOR\ZA L TR S\22\CUP 22-012 (Huntington's on the Pler).doc Atlachme nl 1.4 191 iii. All alcoho l shall remain within the alcohol business premises, including outdoor dining area . iv. . Service of alcoholic beverages f or consumption off-site shall not be permitted. v. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. vi. Games or contests requi ring or involving consumption of alcoholic beverages shall be prohibited . vii. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 p.m. viii. Final announcements that inform patrons the kitchen and/or bar will stop accepting order of alcoholic beverages (i.e. last call for alcohol) shall be at least 15 minutes prior to closing . ix. Consumption of alcoholic beverages by on-duty employees; including servers, bartenders, kitchen staff, management and supervisory personnel is not permitted. x. Mandatory Responsible Beverage Service (RBS) training and certification shall be require for new employees within 60 days of being hired and for existing employees every 12 months. Training shall be provided by ABC or an ABC approved RBS trainer and records of the training must be maintained on site for review. (PD) g. All owners, employees, representatives , and agents must obey all federal , state, and local laws . In addition , all condi tions of the Condition Use Permit, Alcoholic Beverage Contro l Li cense, and any other regulations, provisions , or restrictions prescribed by an agency with jurisdiction over the premise are required as part of the CUP to be followed. (PD) h. No patrons shall be permitted to loiter within the vicinity of any entrances and exits at any time. (PD) i. Alcohol businesses shall install and maintain a video surveillance system to monitor all doors, eating areas, parking areas, and public area of premises and shall make the video avai lable to the Police Department. Electronic copies of video must be made available to the Huntington Beach Police G:IZON IN G ADMIN ISTRA TORIZA L TRS\2 2\CUP 22-012 (Hunting Ion's on the Pler).doc Atlachmenl 1.5 192 Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by a Police Officer. The business shall retain video surveillance for one-month. All video surveillance cameras must record in color, with digital recording to DVR and able to record in low light. (PD) j. In addition to the Downtown Specific Plan and Huntington Beach Zoning and Subdivision ordinance, all signs shall comply with the following: i. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. No interior displays of alcoholic beverages or signs which are clearly visible to the exterior. ii. There shall be no window coverings or advertisements that reduce the visibility inside of the business. iii. Signage, posters, and advertising with "Do Not Drink and Drive" shall be posted In the business. iv. Signs shall be posted in a conspicuous space at the entrance/exit of the restaurant and outdoor dining areas which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." (PD) k. Dancing and/or dance floor and/or live entertainment is prohibited. A new or amended Conditional Use Permit and Entertainment Permit, issued by the City, shall be required for these additional activities. (PD) I. The patio shall have a physical barrier measuring a minimum 36 inches in height, surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol through the barrier. (PD) 3. Any conditions of approval, imposed by the California Coastal Commission that are more restrictive than those set forth in this approval shall be adhered to. 4. This CUP is a conceptual approval only, and shall not be in effect nor any property interest vested, until the applicant has obtained all required approvals from the California Coastal Commission (CCC) and State Lands Commission (SLC). A copy of the written notice of approval from the CCC and SLC shall be submitted to the Community Development Department for inclusion in the entitlement file prior to submittal of building permits. In the event that either approval is not obtained, the subject CUP approval shall be null and void . 5. Prior to the issuance of building permits, the applicant shall provide a parking plan that includes an executed Lease Agreement approved to form by the City Attorney for nine (9) off-site parking spaces located on the property located at 300 Pacific Coast Highway. G:IZONING ADMINISTRATOR\ZA LTRS\22\CUP 22-012 (Hunllnglon's on th e Pier).doc Allachmenl 1.6 193 6. Prior to the installation or operation of the three (3) permitted carts/kiosks, the applicant shall submit to the Director of Community Development, for review and approval, detailed specifications of the dimensions and appearance of each cart/kiosk that demonstrates compliance with the requirements contained in Section 230.94 of the Hunting to n Beach Zoning and Subdivision Ordinance (HBZSO) and this CUP. (HBZSO 230.94) 7. Prior to occupancy of the restaurant, one of the three permitted carts/kiosks shall be reviewed, approved, and in operation for the sale of bait, tackle, and fishing- related goods on a year-round basis. 8. One of the three permitted carts/kiosks shall include the sale of bait, tackle, and fishing-related goods on a year-round basis. 9. The proposed building additions and the new loads imposed on the existing pier shall be analyzed by a state-licensed Structural Engineer and a report shall be submitted to the City, for review and approval, to justify the new loads are within allowable design capacity for the existing pier structure. The report shall also include re commendations for anchoring new/additional structures into the existing pier deck, including parameters on how to avoid anchors interfering with existing reinforcing steel within the existing pier deck. (PW) 10. The final building permit(s) cannot be approved until the following have been completed: a. All improvements must be completed in accordance with approved plans. b. Compliance with all conditions of approval specified herein shall be verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 11. Prior to submittal of building permits, zoning entitlement conditions of approval and code requirements identified in separately transmitted memorandum from the Departments of Fire, Community Development, and Public Works shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing) and s hall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 12. The applicant and/or applicant's representative sha ll be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. G:\ZON IN G ADMINISTRATOR\ZA LTRS\22\CUP 22-012 (Hunt ington's on the Pier).doc Allachrnenl 1.7 194 13. CUP No. 22-012 shall become null and void unless exercised within two years of the date of final Coastal Development Permit approval or by the Coastal Commission if the Coastal Development Permit is appealed, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 14. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new Information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the provisions of HBZSO Section 241 .18. INDEMNIFICATION AND HOLD HARMLESS CONDITION The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:\ZONING ADMINISTRATOR\ZA LTRS\22\CUP 22-012 (Huntington's on the Pler).doc Attachment 1.8 195 EXHIBITB NOTICE OF INTENT TO ISSUE COASTAL DEVELOPMENT PERMIT CDP No. 5-22-0804 196 STATE OF CALIFORNIA· NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD., SUITE 300 LONG BEACH, CALIFORNIA 90802-4830 PH (562) 590-5071 FAX (562) 590-5084 WWW.COASTAL.CA.GOV GAVIN NEWSOM , GOVERNOR May 28, 2024 Permit Application Number: 5-22-0804 CORRECTED NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT ("CDP "). A Coastal Development Permit for the development described below has been approved but is not yet effective . Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the applicant must sign and return the CDP. Commission staff cannot issue the CDP until the applicant has fulfilled each of the "prior to issuance" Special Conditions. A list of all the Special Conditions for this permit is attached. The Commission's approval of the CDP is valid for two years from the date of approval. To prevent expiration of the CDP, you must fulfill the "prior to issuance" Special Conditions, obtain and sign the CDP, and commence development within two years of the approval date specified below. You may apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code Regs. title 14, section 13169. On November 16, 2023, the California Coastal Commission approved Coastal Development Permit No . 5-22-0804 requested by Surf City Partners, LLC subject to the attached conditions, for development consisting of: At 21 Main St. (former fishing supply building) -interior modifications and addition of a 220 square foot kitchen and a 31 O square foot outdoor restaurant dining area to an existing single story, 17 feet high, 820 square foot building to convert a former bait and tackle shop to a new restaurant/bar; and five, 4-seat tables for general public use to the northeast of the restaurant building. No change in height to the existing building. At 22 Main St. (existing public restroom building) -modifications to the existing single story, 17 feet high, 409 square foot public restroom building, including addition of one separate 68 square foot public unisex ADA restroom, 60 square foot restaurant employee changing room/restroom/locker area, 220 sq . ft enclosed restaurant storage area with cooler, and addition of a new 53 square foot restaurant trash enclosure area . The existing public restroom layout would be remodeled into separate men's (two stalls 197 Page 2 May 28, 2024 Permit Application No.: 5-22-0804 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) and two urinals) and women's public restroom spaces (four stalls) with interior sinks, including an addition of 108 square feet. And, addition of an 87 square foot bait shop. No change in height to the existing building . The development will include a walk-up, to-go window at the restaurant and/or one 8 feet by 4 feet commercial "walkable" food and beverage cart located on the interior of the pier between the two structures, all more specifically described in the application filed in the Commission offices. Commission staff will not issue the CDP until the "prior to issuance" special conditions have been satisfied. The development is within the coastal zone at: 21 and 22 Main Street, on the Huntington Beach Pier, Huntington Beach, Orange County . (APN : 178-533-11) If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP No. 5-22-0804, please contact the Coastal Program Analyst identified below. cc : Commissioners/File Sincerely, Kate Huckelbridge Executive Director ~ oocu51~n•d by; L~t~± Meg Vaughn Coastal Program Analyst 198 Page 3 May 28, 2024 Permit Application No.: 5-22-0804 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this Notice and fully understands its contents , including all conditions imposed . Please sign and return one copy of this form to the Commission office at the above address. STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, then permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time . Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission . 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission and affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 199 Page 4 May 28, 2024 Permit Application No.: 5-22-0804 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) SPECIAL CONDITIONS : 1. Public Table Seating Required. A . Public Table Seating Required. By acceptance of this permit, the permittee agrees it shall provide the five, 4-seat public tables and four, 2-seat public tab les as proposed by the applicant and shown on the 10/27/2023 project plans (Exhibit 2 of this staff report) for the life of the proposed restaurant. One of the five, 4-seat tables closest to the restaurant and one of the four 2-seat tables shall be ADA compliant. All of these public table seating areas shall remain open and available for the general public use with no requirement for restaurant purchase or other restriction and s hall be signed consistent with the requirements of Special Condition 2, below. B. Table Seating Locations . Both seating areas nearest the restaurant shall not encroach onto the pier beyond a line extending from and parallel to the kitchen wall at the interior of the pier and its intersection with lines extending from and parallel to the nearest diagonal wall at the pier edge of the restaurant building. The public table seating proposed adjacent to the restroom building (four, 2-seat tables) shall be placed immediately adjacent to the wall of the restroom building as shown on the project plans received on 10/27/2023 (Exhibit 2 of this staff report). C. Table Seating Public Availability. The permittee shall not impede or discourage the public from using the public outdoor seating areas authorized by this permit in any manner. Placement of posts, dividers, fence, ropes, or similar devices around any part of the public seating areas or placement of any seating area on an elevated platform or foundation shall not occur. Further, any reference to the private restaurant, including logos, shall not be printed on flags, tables, chairs, umbrellas, or any other feature located in the public seating area. In addition, no restaurant table service shall occur at the public outdoor seating areas. D. The public outdoor seating areas authorized by this permit shall be limited to the five, 4-seat tabl es required by this special condition and the four 2-seat table s proposed by the applicant, and required by this permit, and shown on the project plans received on 10/27/2023 (Exhibit 2 of this staff report). E. All public seating table areas shall be maintained by the permittee in good condition for the life of the res taurant that is the subject of this CDP. 200 Page 5 May 28, 2024 Permit Application No.: 5-22-0804 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) F. The approved public table seating , including the ADA compliant table seating, shall be reflected on the revised project plans required by Special Condition No. 7 . G. The applicant shall undertake development in accordance with the above requirements. Any proposed changes to the above requirements shall be reported to the Executive Director. No changes to the above requirements shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required . 2. Signage Plan Announcing Public Availability of Table Seating. A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, a signage plan for the placement of signs near and on the tables in the approved public outdoor table seating areas, identifying the following: 1) clearly stating that the outdoor seating area is available for general public use; 2) the location of each sign on a site plan; 3) the size (with dimensions clearly labeled) of each sign; 4) the wording of each sign; 5) the size (with dimensions clearly labeled) of lettering for each sign; 6) the materials to be used for each sign. These materials shall be weather resistant and durable for the expected conditions; 7) methods for securing the signs; 8) the applicant's affirmative agreement that if signs are lost, damaged, removed or otherwise no longer able to serve their intended purpose, the sign(s) shall be replaced by the permittee. B. The signs shall be large enough and located in conspicuous places to ensure that the pier pedestrian traffic within the vicinity of the project is clearly aware of the location and public nature of the outdoor table seating areas. C, All signage in the proposed project area subject to this coastal development permit shall be, at a minimum, printed in English and Spanish, as well as in another non-English language commonly spoken in Orange County. D. The signage shall be installed and maintained by the permittee for the life of the project. 201 Page 6 May 28, 2024 Permit Application No.: 5-22-0804 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) E. The applicant shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 3. Walk Up Window Service and/or Walkable Foods Cart. A. By acceptance of this permit, the permittee agrees that the restaurant shall incorporate a walk-up, to-go window, offering lower cost "walkable" foods and/or a "walkable" foods cart. "Walkable" foods are lower cost foods such as, but not limited to, coffee, hot chocolate, corndog on a stick, big soft pretzels, hot dog/sausage on a bun, snow cones , ice cream bars and cold soft drinks. B. The walk-up window and/or cart shall be available to the general public for to- go service . Walk-up window and/or cart patrons may use the public table seating areas, but no restaurant service of any kind may occur. C . The window and/or cart shall be located as depicted on the project plans received on 10/27/2023 (at plan note 15 "pick-up window" for the window) on Plan Sheet A2 and shall be depicted on the revised project plans required by Special Condition No. 7 below. D. Walk-up, to-go window and/or cart service shall be available at a minimum during all hours of restaurant operation for the life of the approved restaurant. E. The applicant shall undertake development consistent with the above requirements. Any proposed changes to the above requirements shall be reported to the Executive Director. No changes to the above requirements shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required . 4 . Public Restroom Alterations. A. PRIOR TO ISSUANCE OF THE CDP, the applicant shall submit for the review and approval of the Executive Director, evidence of written approval by the City of Huntington Beach of the restroom remodel plan (identified as Alt. [Alternative) B on the plans received on 10/27/2023, Plan Sheet A3.2 Exhibit 2). Such approval shall be in writing and may use Appendix B of the CDP application form or may be in the form of a letter written on City letterhead, and shall also include an Approval in Concept stamp signed by appropriate City staff on the revised project plans required by Special Condition No. 7 below. 202 Page 7 May 28, 2024 Permit Application No.: 5-22-0804 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) B. Proposed restroom remodel plan (identified as Alt. [Alternative] B on the project plans (received on 10/27/2023, Plan Sheet A3 .2 Exhibit 2) shall be the approved restroom plan. 1) As proposed, the stand -alone, separately accessed restroom stall labeled "Public Unisex ADA Restroom" (plan note 1 on plan sheet A3.2) shall remain available to the public as proposed by the applicant, for the life of the restroom facility. 2) As proposed by the applicant, no fewer than seven public restroom stalls shall be provided . All seven public restroom stalls shall be open to the general public and shall not be restricted in use . Sole use by restaurant employees and/or patrons only of the seven public restroom stalls is prohibited . 3) All square footage areas described on all project plans shall be accurate . 4) Dimensions shall be correctly labeled on all project plans. D . As proposed by the applicant, maintenance, including assuring cleanliness and usability of the entire, remodeled public restroom facility, shall be the responsibility of the restaurant operator for the life of the approved restaurant. The restaurant operator shall maintain the restrooms, at a minimum, every thirty minutes as proposed by the applicant. However, nothing in this permit shall require the permittee to be responsible for plumbing, electricity, roof or structural elements of the restroom building, which shall remain the responsibility of the City of Huntington Beach. E. PRIOR TO ISSUANCE OF THE CDP, the applicant shall submit for the review and approval of the Executive Director, a formal written agreement between the applicant and the City of Huntington Beach identifying the division of responsibility for on-going maintenance of the public restroom building . Such agreement shall identify the restaurant operator as responsible for maintenance, including cleanliness and usability of the entire public restroom facility, for the life of the approved restaurant. Responsibilities other than and In addition to maintaining cleanliness and usability, shall be assigned in this agreement. This required agreement may be a stand-alone document and/or included in the permittee's lease with the City of Huntington Beach. F. The public restroom facility maintenance shall be carried out in conformance with the approved agreement. Any proposed changes to the above requirements shall be reported to the Executive Director. No changes to the above requirements shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 203 Page 8 May 28, 2024 Permit Application No.: 5-22-0804 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) 5. Bait Shop Management Plan. A. PRIOR TO ISSUANCE OF THE COP, the applicant shall submit, for the review and approval of the Executive Director, a Bait Shop Management Plan that identifies the following : 1) minimum hours the bait shop will be open. At a minimum the bait shop shall be open six hours a day between dawn and dusk, the specific hours of operation shall be at the discretion of the restaurant/bait shop operator. 2) floor plans in sufficient detail to provide a reasonable understanding of how the bait shop will operate; 3) the expected bait shop offerings for sale and/or rent; 4) written acknowledgement that the primary focus of the bait shop shall always be provision fishing supplies, including bait, at affordable cost; and that sale of live bait is preferred; however, limited merchandise promoting the subject restaurant may be offered in a subordinate role; 5) the bait shop shall offer fishing supplies for sale and rent to the general public. Fishing supplies offered shall include , but are not limited to, fishing poles (rod and reel), fishing line, a range of types of fishing hooks, fishing lures , sinkers, and bait, including live bait daily. The fishing supplies offered shall be useful to catching the types of fish typical in the Huntington Beach pier area and to pier fishing generally; 6) written acknowledgement that the bait shop shall be open and operated by the restaurant operator for the life of the restaurant approved by this permit; B. The applicant shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required . 6. Bia nnual Fishing Derby A. PRIOR TO ISSUANCE OF THE CDP, the applicant shall submit, for the review and approval of the Executive Director, a written plan describing the proposed biannual fishing derby. The required plan shall provide the following details describing how the derby will be carried out, including, but not limited to the following information: 1) methods of outreach to environmental justice communities. Consideration should be given to outreach to schools, parks, and after-school organizations 204 Page 9 May 28, 2024 Permit Application No.: 5-22-0804 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) serving youth of color, LGBTQIA youth, neurodivergent youth, and individuals with disabilities, with culturally appropriate messaging; 2) consideration should also be given to how participants would travel to the pier for the derby and what types of travel assistance may be offered; 3) outreach shall be conducted in English and Spanish, as well as in other non- English languages spoken in Orange County; 4) measures to assure the fishing derby will be carried out biannually for the life of the approved restaurant; 5) expected/potential funding sources and/or partnerships; 6) a preliminary draft schedule for the day of the event; 7) identification of specific responsibilities, how they will be carried out, and by whom ; 8) a requirement for submittal of an annual report, which shall provide details including, but not limited to, i) the outreach methods employed; ii) sample outreach materials; iii) a list of organizations contacted for support of the derby, with the results stemming from that contact; iv) organizations and partnerships who participated in the derby, and their contributions; and iv) the number of participants in the derby. The annual report shall be submitted to the Executive Director no later than January 30th , for the preceding calendar year. 9) any other information that demonstrates the event can reasonably be expected to occur twice annually in the future for the life of the restaurant, and that it will continue to serve its intended purpose. The intended purpose identified by the applicant, and required by this permit, is to promote and make accessible pier fishing on the Huntington Beach pier to members of environmental justice communities, especially youth. B. The applicant shall undertake development in accordance with the approved final plans . Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 205 Page 10 May 28, 2024 Permit Application No.: 5-22-0804 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) 7. Revised Project Plans. A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for review and approval of the Executive Director, two (2) full sized paper sets of revised project plans as well as electronic copies (including, but not necessarily limited to, site plans, floor plans, roof plans, and elevations), in substantial conformance with the plans received 10/27/2023, Exhibit 2), but which shall incorporate the following revisions: · 1. Public Seating a) All of the public table seating areas shall be located as described in Special Condition No. 1 above and shall be shown on the revised project plans. b) A plan note shall state that the public table seating areas authorized by this permit shall not be converted to the exclusive use of restaurant patrons or restaurant service and shall remain available for general public use without any requirement for restaurant purchase, for the life of the restaurant approved by this permit. 2. Walk-Up Window and/or Cart Providing To-Go Service A walk-up window and/or cart offering to-go food and beverage service as described in Special Condition No. 3 above shall be identified on the revised project plans. 3. Public Restroom a) the public rest room remodel shall be as described in Special Condition No. 4 above and shall be shown on the revised project plans; b) a plan note s hall be included on the revised project plans stating that all restrooms , except the restaurant employee changing/storage room, are available to the general public; c) two public drinking fountains, as depicted on the project plans, shall continue to be depicted on the revised project plans. 4 . Bait Shop The revised project plans shall include floor plans for the proposed bait shop. These plans shall provide sufficient detail to convey a reasonable understanding of how the bait shop will operate. 5 . Fishing Pole Holders & Fishing Line Recycling Receptacles The types and locations of the proposed (minimum of four each) fishing pole holders and fishing line recycling receptacles on the pier railings shall be identified on the revised project plans. 206 Page 11 May 28, 2024 Permit Application No.: 5-22-0804 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) 6 . Delete Proposed Merchandise and Fishing Supply Carts. The two proposed 8-foot by 4-foot carts proposed to sell restaurant merchandise and fishing supplies shall be deleted from the revised project plans. 7. All square footage areas described on all project plans shall be accurate. 8. Dimensions shall be correctly labeled on all project plans. B. The applicant shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 8. Ocean Friendly Restaurant Program. By acceptance of this permit, the applicant agrees on behalf of itself and assigns, to remain in annual good standing in Surfrider's Ocean Friendly Restaurants Program (or similar program acceptable to the Executive Director) for the life of the approved restaurant. Evidence of current good standing in the. program shall be posted in a location in the restaurant visible to restaurant patrons. The permittees shall operate the restaurant in accordance with Surfrider's Ocean Friendly Restaurants Program (or accepted similar program), for the life of the approved restaurant. 9. Future Permit Requirement. This permit is only for the development described in coastal development permit (CDP) 5-22-0804. Pursuant to Title 14 California Code of Regulations (CCR) Section 13253(b)(6), the exemptions otherwise provided in Public Resources Code (PRC) Section 30610(b) shall not apply to the development governed by the CDP 5-22-0804 . Accordingly, any future improvements to the structures authorized by this permit shall require an amendment to CDP 5-22-0804 from the Commission or shall require an additional CDP from the Commission or from the applicable certified local government. In addition thereto, an amendment to CDP 5-22-0804 from the Commission or an additional CDP from the Commission or from the applicable certified local government shall be required for any repair or maintenance identified as requiring a permit in PRC Section 30610(d) and Title 14 CCR Sections 13252(a)-(b). 207 Page 12 May 28, 2024 Permit Application No.: 5-22-0804 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) 10, Lease Restriction A. By acceptance of this permit, the permittee acknowledges and agrees that, pursuant to this permit, (1) the California Coastal Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of that property (hereinafter referred to as the "Standard and Special Conditions"); and (2) imposing the Standard and Special Conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the Property. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit: (1) a copy of a recorded lease agreement, in a form and content acceptable to the Executive Director, between the Surf City Partners LLC and the City of Huntington Beach, incorporating all of the above terms of subsection A of this condition, and (2) a written agreement by the City of Huntington Beach, in a form and content acceptable to the Executive Director, providing that upon termination of the applicant's sublease of the property that is the subject of this coastal development permit, the City of Huntington Beach agrees (i) to be bound by the Standard and Special Conditions referenced in subsection A of this condition if it becomes the owner of the possessory interest in such property, and (ii) to include a provision in any subsequent sublease of such property requiring the sublessee to submit a written agreement to the Commission, for the review and written approval of the Executive Director, incorporating all of the Standard and Special Conditions. 11. Project's Pier Sublease PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and approval, and prior to finalizing the lease between the City of Huntington Beach and the applicant for use of the two subject buildings at 21 and 22 Main Street, the lease shall be submitted for the review and approval of the Executive Director for confirmation that the requirements of approved CDP No. 5-22-0804 have been incorporated into the lease and confirmation that nothing in the lease conflicts with approved CDP 5-22-0804. NOTE: l,F THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE DISTRICT OFFICE. 208 EXHIBITC MAP OF LEASED PREMISES, EXISTING PHOTOS, & PROPOSED CONCEPTUAL 209 EXHIBIT'C' MA:P OF LEASED PREMISES ; (:) RESTROOM$ ~(H)S~ 2U'AINSTR~ PACIFIC OCEAN . PACIFIC OCEAN ____ PIIEJ,lltll;OOUIPIRY ..... ,,, 21 ~1.'4STREET ·•·•••·• 7lM~IN QT111,ET 5. ,0 1/)· -- Pl~R PI.AZA t,[ '"'·"" ~ ! 1 . .,, . .,../~ .... ,,., ........ , •. ,,,,,,.,,,,~-~i,_-i-'----~~.~~~--' (N) RESTAURANT 21 MAINSI. ( N) t<ITCHEN AOOITION .. " .. i;:.,·:,,..;,..., {! • .-~··• ••• • Ml!:) V -~ ··.; :-.,"::>,,, SfATM (_, :} •, -~JA_ ~:/•' '-'\ ~,) .. •· ~.dn'.n'ITl=<t,m-n==n =...l .......... '=';:· ........ ••,' . .. ., ~ ~ .... ,..,.,..v \JV,,J~\44../ 210 EXISTING .CONCESSION PHOTOS 211 PROPOSED CONCEPTUAL 212 EXHIBIT D ESTIMATED BUDGET & CONSTRUCTION SCHEDULE 213 EXHIBIT ID I Huntington's Pier Buildings 21 & 22 Main Street Huntington Beach, CA 92648 Total Cost Breakdown A. Demolition B. Struct. Steel & Concrete C. Framing & Lumber D. Patio Screen Wall E. Doors & Windows F. Electrical & Lighting G. Plumbing H. Hood and Exhaust I. Roofing J. Finishes K. Accessories -Fire Pit, Gas Heater & Lanterns L. Gen.Cond., Gen.Contract. & Contingency Construction Sub Total M. Kitchen & Bar Equipment N. Furnishings 0. Inventory & Reserve P. Fees Q. Contingency Grand Total $69,000 $93,000 $98,000 $79,000 $98,000 $87,000 $68,000 $52,000 $33,000 $91,000 $40 ,0 00 $482,000 $1,290,000 $140,000 $60,000 $80,000 $60,000 $120,000 $1,750,000 214 Breakdown of Costs related to the .Public Restroom Remodel & Construction of the Bait Shop N· I-, -=·~~-"'-----4-----=:!c... .. _____ , _ ___c ... .c.c·'7"---lr ~=:::---""'lll-..,,,,====!:::1------t,----t; .. m m q 111 Coat. Breakdown A. DemollUOn B. Sin.id. Steel & concrele c. Framing ~ Lumber o. Doors •E, Skylights .& Solar F. Electrk:al & Lighting .G. Plumblrig H. HVAC I. Roofing· .J . Fin1$hes K, Accessories L. Design. Gen.cond., & Gen:CQnt. Total .. .. s2~.ooo $48,000 $15,000 0$19,()00 S14.000 $39,000 s11.ooo $16,000 S16,000 $60,00,0 $305,000 21 5 Huntington's Construction Schedule Plan check 9/1-11/1 Dec'24 Jan'25 Feb'25 Mar'25 ,r '25 May25' June'25 July '25 Temp Fencing/ Ped. Protectio Demolition 11/15-12/1 Utilities-Elec, Gas, Water. Se 12/1-2/1 Steel & Concrete 1217-12/20 Framin 12/15-2/1 Rough MEP + F.S. 1/20-3/1 all 3/1-4/1 Glazing~·~Tiling & Paintin, 4/1-5/1 Fixtures. Finshes, & Finish M 5/1-6/1 6/1-7/1 Soft Openin, 717 216 EXHIBITE DESCRIPTION OF CITY-APPROVED IMPROVEMENTS/ ALTERATIONS TO PREMISES 217 Exhibit 'E' Description of City-Approved Improvements/ Alteration to Premises The City approved development of two buildings located on the Municipal Pier addresses 21 and 22 Main Street per entitlements CUP 22-012 with Findings and Conditions and amended by CDP 22-0804. Description of Improvements and Alterations : I. Demolish existing retail building at 21 Main Street. 2. Remove roof and fixtures at Restroom Building 22 Main Street. 3. Construct Restaurant Building (1400 sf) including outdoor dining at 21 Main St. 4. Remodel Public Restroom Building (630 sf), construct addition for Food Storage (266 sf), Employee Restroom (60 sf), Unisex Restroom (72 sf) Bait Shop (87 sf) and Trash Enclosure (88 sf) 5. Allow one Food Cart Southeast of 22 Main Street. 218 EXHIBITF INSPECTION FORM 219 Inspection Form Month ______ Year ______ Today's Date _____ _ Inspected By: __________ _ Area Doors & Locks Exterior Walls Exterior Area Graffiti Removal Grease Trap Hood Grease Filters Interior Walls Removal of Bird Droppings Rest Room Roof Rust Signage Trash Trim Windows COMMENTS: ACTION REQUIRED: AGREED TO: ___________ _ Page 1 of 2 O.K. Needs Attention: 220 DEFINITIONS Doors and Locks Clean and in operable position and condition. All locks shall be regularly checked and maintained. Absolutely no chain locks are allowed. Locks shall only be used on authorized locations. Exterior Walls Clean and smooth, void of rust, graffiti, stickers, etching, or other materials or marks that were not originally placed on the walls. Exterior Area Outside area around concession building that is utilized by the concessionaire. Graffiti Removal All graffiti shall be removed within forty-eight hours including painted or sprayed graffiti, magic markers, stickers, etching, and surf wax. The building shall be kept free of graffiti. Interior rest room graffiti shall be removed on a regular basis not to exceed forty-eight hours. Grease Trap Free and clear flowing with regularly scheduled maintenance to prevent buildup or clogging. Hood Grease FIiter Removed and cleaned a minimum of every three months, and checked regularly and cleaned more often if necessary. FIiters shall be replaced at such time as required where volumes are no longer maintained. Interior Walls Clean and smooth, void of dirt or corrosion. All fire-rated walls shall be solid and unpenetrated. Removal of Bird Dropping The building in its entirety shall be cleaned a minimum of every three months to remove all bird droppings. If bird droppings present a health problem, they shall be removed prior to the minimum three month periods. Rest Rooms (Plumbing) Entry mats, floors and carpets shall be kept clean. Walls shall be kept fingermark free . Tile and wall surfaces shall be kept clean. Toilet bowls, rims, tank tops, and bodies shall be kept clean. Mirrors shall be kept clean and streak free. Soap dispensers clean and full. Paper towel dispenses clean and full. Toilet paper dispensers clean and full. All sink and faucet fixtures clean and rust free. Light fixtures clean and functioning. Air fresheners functioning. Trash receptacles clean, lined and emptied regularly. Roof Free of debris and cleaned regularly as needed to remove bird droppings, graffiti or vandalism. Roof leaks shall be reported immediately to the Community Services Department. Rust No accumulation or degeneration to interior or exterior surfaces. Rusted areas shall be cleaned and painted on a regular basis to avoid long term damage. Signage Clean, readable and in good condition. Bulbs in lighted signs shall be replaced as needed within twenty-four hours. No unauthorized signs shall be posted. Trash Deposited in designated containers. There shall be no buildup of cardboard boxes, unused equipment, unwanted decorator items, etc. within the trash areas. Trash areas shall be secured from public use to avoid deposit of fish remains. Trim Clean and smooth, void of corrosion and rust. Windows Clean and void or cracks. No commercial stickers shall be used on windows . Page 2 of2 221 EXHIBIT G RENT CREDIT SCHEDULE 222 Eichlblt G Surf City Partners Rent Abatement Schedule 21 & 21 Main Street 01lhroom ROhablUlqlloo AU-nco $ '3(19,0QO Annu,l Hcnt Esc-alaUQn 3¼ A,nt A~lqmenl li10 Monihly Stonloal""" (!Klint loan No~lh R•nt• lllll1nc1 B1lllnc11 l • &.500,00 ·• 100,000.110 $ 21M,500.00 2 • 5,~0D.DO $ 284,500,00 S 288.1100.00 .. { 3 • 5,500.00 • 2119,000.00 $ 283,800.00 \ 4 • 5;500.00 • 2ll3,500.CO $ 278,000.00 5 • 5,S00.00 • a,e,000.00 $ 212.500,00 G ,. s:soo.oo • 212,500.G(I $ 217,000.00 7 $ 6,500.00 $ 287,000.00 t 181,500.0(I 8 • S;~.0\J • 2111,500,00 I 258.000.00 I s U00.00 s 25f,ll00.00 t 250,500.00 10 • s.aoo.oo • 350.SOO.OO $ 1AS,OOl>,00 II $ 5,!il)0,00 * 245,000.00 , 2.10,500.00 I u • $,GOO.DO • :m,600.00 $ 234,000.00 13 s 5,865.00 $ 234,000.00 $ 228,335.00 14 s uos.oo s 224,l35.oo $ 222,ti7!i.oo 15 $ s:GGuo $ 222,670.40 t 217,005.00 JG $ 6,e&S.00 $ 217,005,00 $ 211,340.00 17 $ 5,66S.9() $ 211,340.00 $ · 2D5,~6.00 19 $ 11,665.00 $ 205.675.00 $ 200,010,90 Ill s !S.605.00 s 290,010.00 } 19~r1'5.00 20 t 6,8B5,00 • 19<1,345,00 $ 188,680.00 21 • 5,665.00 $ 188,680.00 $ 183,015.00 22 $ 5,665,00 $ 183,01!.00 s -m,350.00 23 $ 9.665.00 $ 1n,3SO.oo $ 171,£,115.00 21 • 5,61J5,00 $· 171,ffl,OO t 166,020.00 25 $ 5,834,95 $ 188,1120,00 t ieo,iiios 26 $ 5,83il95 $ 160,185.05 t 154,350.10 27 • 5,634.85 s 164,350.10 $ !M,51M6 21 • ~.83it85 • 148.1115.t& $ l~,llll0,20 j ,.. • 5;834.95 $ T~2,880.20 t '30.W,2& 30 $ 6,a:M.115 $ 138,8"5.25 I 131.010,30 I 31 $ a:834 . .116 s 131,010.30 I 125,176,35 32' s tt,134.815 s 125,175.36 $ -119,3'40.40 33 • 5,834.85 •• 119,340,10 S 11UO.S.A5 34 $ 5,1134,115 $ -ll:J,50M5 S 107,'70.50 35 • 6,834..115 • 107,1170.50 I 101,UUS 39 s ·5,834.915 • 101,8311.55 • 96,000.80 97 $ 8,010.00 ' 98,000.60 $ 88,990.60 38 .$ G,010.00 $ 00,990.GO $ 8~0.60 39 $ 8,_010.00 $ 83;9811.60 $ 77P,_O,IJO 40 $ 6,010.00 ' 77,970.60 $ 71,960.61 4i • 8,010.00 $ 71,960.61 $ l!S,950.111 42 t e.:010.00 ~ 65,950.61 t 89.1140,61 43 $ 6,010.00 t 59,0,40.61 · S $3,930.61 ~ $ e,010.00 t 53,000.61 s 41,im.e1 45 s $,010.00 ·• 47,020.41 .$ 41,910.81 46 ' .6,010,00 ~ 41,910.81 $ 35,900.61 47 $ .6,010.00 $ 3$,900.61 s 29,590,62 40 $ Ci,010.00 ~ 20)190.62 t 23,880.82 49 s U90.30 s 23MU2 '$ 17,AA0.32 I 60 • UIO.:JO • 17,090.32 g 11,600.02 It • e;tilo.30 s 11,500.02 I 5,J09.72 I • 6,190.30 s 1,180,30 $ e.1110.20 ' e;;eo,~o •• 8,190,90 $ 9,180,!0 •• 1.~IIO,J0 • f.ltO.IO • 8,110.3Q 223 RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (SPACE ABOVE THIS LIN E FOR RE CORDER'S USE) This Re lease of C ovenant is recorded al the request and for the benefit o f the C ity of Huntington Beach and is exempt from the payment of a recording fee pursuant lo Govemmenl Cod e Sections 6103 and 27383. AGREEMENT PURSUANT TO SPECIAL CONDITION NO. l0(B) OF CDP 5-22-0804 BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CALIFORNIA COAST AL COMMISSION This Agreement is made this _______ , 2025, between The City of Huntington Beach ("Owner") and The California Coastal Commission. WHEREAS, Surf City Partners, LLC ("Permittee") is seeking to sublease the prope1ty located at 21 Main Street, Huntington Beach, CA 92648 ("Property") from the City of Huntington Beach; and WHEREAS, the Coastal Development Permit (CDP) for the Prope1ty is CDP 5-22-0804; and WHEREAS, CDP 5-22-0804 imposes certain Standard and Special Conditions appli cable to the Property. NOW, THEREFORE, the parties agree as follows: 1. Sublease Termination: In the event Permittee's sublease of the Property is terminated for any reason, the owner agrees that the Property shall remain bound by the Standard and Special Conditions referenced in CDP 5-22-0804. 2. Subsequent Subleases: Owner agrees that any subsequent sublease agreement for the Property shall include a provision requiring the new sublessee to submit a written agreement to the California Coastal Commission ("Commission") acknowledging and incorporating all the 1 23 -13638/369706 224 Standard and Special Conditions of CDP 5-22-0804. This written agreement shall be in a fo1m acceptable to the Executive Director of the Commission. 3. Governing Law: This Agreement shall be governed by and construed m accordance with the laws of the State of California. 4. Entire Agreement: This Agreement constitutes the entire understanding bet\;veen the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. EXECUTIVE DIRECTOR CALIFORNIA COAST AL COMMISSION By:-------------- print name ITS: ____________ _ Executive Director REVIEWED AND APPROVED: City Manager 23-13638/369706 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: or of Community Development APPROVED AS TO FORM: New Restaurant at 21 Main Street on the HB Pier State Lands Commission Lease Amendment & Coastal Commission Agreement April 15, 2025 225 -- ---=--_ -------~ ~ Pier Development Overview •Surf City Partners, LLC has signed a sublease with the City to develop “Huntington’s on the Pier” at 21 & 22 Main Street on the HB Pier. •The Pier is owned by the State of California and leased to the City under Lease No. 6616, overseen by the State Lands Commission (SLC). •All subleases require SLC endorsement to ensure compliance with public trust uses. •A special condition of the Coastal Development Permit (CDP 5-22-0804) requires an agreement ensuring the site remains subject to coastal development regulations, even if the sublease ends. 226 Requested Action •State Lands Commission Lease Amendment Updates Lease No. 6616 to reflect the City’s approved sublease with Surf City Partners, LLC (October 2024). •California Coastal Commission Agreement Satisfies Special Condition 10(B) of CDP 5-22- 0804, ensuring the site remains in compliance with coastal regulations if the sublease ends. 227 Recommendation 1.Approve and authorize execution of the State Lands Lease Amendment (Lease 6616). 2.Approve and authorize execution of the California Coastal Commission Agreement (pursuant to CDP 5 -22-0804). 228 HUNTINGTON IIACH • CAUPORNIA Questions? 229 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-270 MEETING DATE:4/15/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Molly Uemura, Community & Library Services Manager Subject: Adopt Resolution No. 2025-31 amending Resolution No. 2024-31 of the Citywide Master Fee and Charges Schedule relating to Community & Library Services facility rental rates and parking rates in the South Beach Attended Lots during permitted event days as selected by the Director of Community & Library Services Statement of Issue: The City Council is requested to adopt Resolution No. 2025-31 amending Resolution No. 2024-31 of the Citywide Master Fee and Charges Schedule to increase rental rates for Community & Library Services facilities, including Community Centers, the Senior Center in Central Park, the Central Library, and various clubhouses. Additionally, the City Council is asked to approve new parking rates in the South Beach Attended Lots during permitted special event days as selected by the Director of Community & Library Services. Financial Impact: The increases and restructured room rental rates for the City’s clubhouses, Senior Center in Central Park, Community Centers, and Central Library are anticipated to generate approximately $73,100 in additional General Fund revenue annually. The proposed parking rates in the South Beach Attended Lots during permitted special event days as selected by the Director of Community & Library Services are anticipated to generate approximately $162,000 in new General Fund revenue annually. Recommended Action: Adopt Resolution No. 2025-31, “A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 2024-31 Which Updated the Citywide Master Fee and Charges Schedule” for increased facility rental rates and south beach parking rates during permitted special events. Alternative Action(s): City of Huntington Beach Printed on 4/9/2025Page 1 of 3 powered by Legistar™ 230 File #:25-270 MEETING DATE:4/15/2025 Do not approve and direct staff accordingly. Analysis: Facility Rentals: The City of Huntington Beach operates three Community Centers, four Clubhouses, the Senior Center in Central Park, and various facilities inside of the Central Library, all of which are rented by local residents, organizations, and businesses for events such as meetings, weddings, parties, and other gatherings. These facilities are rented consistently, including several locations with recurring weekly church rentals. The Senior Center in Central Park’s Parkview Room is host to many special occasions, including an abundance of non-profit fundraisers to support local organizations in the Huntington Beach community. The Newland Barn, one of the City’s Clubhouse rental facilities with unique historic charm and an expansive outdoor lawn, is an increasingly popular wedding venue and is booked to capacity most weekends. In 2024, rental rates at most Community & Library Services facilities were raised by $15 per hour. A 2025 review of rental fees for similar facilities in surrounding cities indicates that our current rates are slightly below the regional average. The review also revealed that several local cities charge a primetime rate for their most popular rental facilities on Saturdays, which is a consistent practice at wedding venues as well. The proposed rental fee increases would align the City’s fees with those of comparable municipalities while ensuring the continued financial viability of the City’s public facilities. Staff proposes raising rental rates by $5 per hour at Lake Park Clubhouse, Harbour View Clubhouse, and Memorial Hall. Rates at the City Gym & Pool, Edison Community Center, Murdy Community Center, and the Senior Center at Central Park are proposed to be increased by $5 per hour for residents and non-profit groups and $10 per hour for non-residents and commercial businesses. Fee increases of $10 per hour are suggested for the Talbert Room and the Library Theater at the Central Library across all categories. The proposed increases are consistent with the rates charged by other comparable jurisdictions for comparable facilities. At the Newland Barn, more significant structural modifications are recommended, including an additional $45 per hour premium charge for reservations on Saturdays. The introduction of a Saturday premium is suggested at the Newland Barn to better align the facility charges with the venue’s primary use as a wedding venue. Staff also anticipates that the additional $45 per hour premium charge will provide an incentive for patrons to hold their event on other days, thereby increasing overall revenue potential at this extremely popular venue. The proposed increase to hourly rental rates at the Community Centers and the Senior Center at Central Park is expected to generate an additional $11,750 in annual General Fund (GF) revenue. Similarly, rate increases for the Talbert Room and the Theater at the Central Library will contribute an additional $9,350. Modification of rates at the clubhouses, including the revised fee structure at Newland Barn, are projected to boost annual revenue by $52,000. In total, the amendments, as proposed, will result in an estimated additional $73,100 in revenue each year. Parking Rates: City of Huntington Beach Printed on 4/9/2025Page 2 of 3 powered by Legistar™ 231 File #:25-270 MEETING DATE:4/15/2025 Staff recommends introducing a new parking rate for the South Beach Attended Lots. This new rate would be charged when authorized by the Director of Community & Library Services during large- scale special events permitted by the City. The fee would also be charged when the State hosts large-scale permitted events on their beaches that impact our parking lots. Historically, when the City has hosted large-scale permitted events such as the Pacific Airshow, Darker Waves Music Festival, and the US Open of Surfing, the State has raised parking rates in their beach lots located between Beach Boulevard and Brookhurst Street. Likewise, in a reciprocal manner, the proposed new parking rate structure will allow the City to raise rates at the South Beach Attended Lots during large-scale permitted events on the State Beach, allowing the City to maximize its revenue potential. This is particularly advantageous given that for some of the State events, the City lots are closer to the event site than the State parking lots, making them more desirable to attendees. Fees are proposed to include a range from $20 to $50 per day. Depending on the time of year, the event, and the day of the week, the Director of Community & Library Services would have the flexibility to set the rate within the range. Projected revenue, using $30 as the target price, is estimated at $162,000 annually. Annual beach permit holders will not be affected by these increased rates as typically these events begin later in the day when most permit holders have left the beach. However, blackout dates for Independence Day and the Pacific Airshow would still apply, as previously approved by City Council. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. Attachment(s): 1. Resolution 2025-31 “A Resolution of the City Council of the City of Huntington Beach amending Resolution No. 2024-31 which updated the Citywide master fee and charges schedule.” 2. Resolution 2024-31 City of Huntington Beach Printed on 4/9/2025Page 3 of 3 powered by Legistar™ 232 233 RESOLUTION NO. 2025-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 2024-31 WHICH UPDATED THE CITYWIDE MASTER FEE AND CHARGES SCHEDULE WHEREAS, on June 4, 2024, Resolution No. 2024-31 was adopted, which updated the Consolidated Comprehensive Citywide Master Fee and Charges Schedule (the "Schedule"); and The City Council desires to revise a portion of the Schedule to add new parking rates for permitted special events on City or State beaches as selected by the Director of Community and Library Services; and The City Council desires to revise a portion of the Schedule to increase rates for certain Community and Library Services facility rentals, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows, The Schedule is hereby amended adding the new and increased charges set forth in Exhibit "A" attached hereto and incorporated by this reference. The changes to the Schedule adopted by this Resolution shall be effective immediately following the adoption of this Resolution and continue thereafter. All other charges or fees set forth in the Schedule shall remain in effect. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on ________ , 2025. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager \!>~-~ City:i<ttorney =r __.__, INITIATED AND APPROVED: nd Library 25-16263/375402 234 EXHIBIT A Community Services~ Facility Rentals and Recreational Services Charges [1] Doscrlpllon Adopted Charges Proposed Chatges FACILITIES Group I" Clty Department AcHvity Group I! :: City Oepartmonl Co•Sponsorod Activity Group Iii"' Civic and Nonprofit Oroanlzatlons Group IV: Hcsldenls or misc, HB Groups (2-hr Group V"' Non•Resldonts (2-hr. min) Group VI -Commercial, Business, For Prom (2-hr Edlson/Murdi Communlt:z: Conlorn (hourl'il 1-!allA Group! &!I NIA NIA Groupllt $70.00 $75.00 Group IV $80,00 $85,00 GroupV $110,00 $120.00 Group VJ $140.00 $160.00 !!all B Group!&!! NIA NIA Group Ill $55,00 $60.00 Group IV $60.00 $65.00 GroupV $80,00 $90.00 Group VJ $95.00 $105.00 HallC&D Groupl&II NIA NIA Group Ill $55.00 $60.00 Group IV $60.00 $65,00 GroupV $00,00 $90.00 Group VI $()5.00 $105.00 S\udl() Group I&!! NIA NIA Group Ill $55.00 $60.00 Group IV $60.00 $65.00 GtoupV $80.00 $90.00 Group VI $85.00 $105.00 Edison/Murdy Community Cen!urs with Alcohol How1yRale -t Howly nuto -t S20.00hlOUI (additional hourly amount) $10,00/how City: G~m & Pool (hourly}; Gym & lockets Group I &111 NIA NIA Group Ill $65.00 $70.00 Group IV $75.00 $80.00 Gtoup VI $100.00 $110.00 GmupV! $130.00 $140.00 Pool & lockers Group I & II NIA NIA Group Ill $75.00 $80.00 Group IV $85.00 $00.00 Group\/ $116.00 $125.Ul Group VJ $150.00 $160.0{ Master Fee and Charges Schedule Community Services-Rentals 235 Community Sorvicos ~ Facility Rentals and Recroatlonal Sorvicos Chargos [1] Oescrlpllon Adopted Charges Proposed Charges Room A Gro11pl& II NIA NIA Group\lf $50.00 $55.00 GroupN $55.00 $60.00 GroupV $70.00 $80.00 Group VI $85.00 $95.00 HoomB Gfoupl&II NIA NIA Group lit $55.00 $60.00 Group IV $60.00 $65.00 GroupV $80.00 $90.00 Group VI $95.00 $105.00 Conforenco Room Group I & II NII NIA Group!II $35.U-$40.00 GroupN $40.00 $45.00 GroupV $50.00 $60.00 Group VI $55.00 $65,00 Senior Center In Central Park houri" oxcont as Parkvlew Room, S!age & Pnllo Included' '6 hour minimum rental: Fri. nfler 3 pm, Sal. & Sun. Group I & H1 NIA NIA Group Ill $145.00 $150.00 Group IV $195.00 $200.00 GroupV $225,00 $236.00 Group VI $205.00 $305.00 Parkvlew Room South, stage Included Groupl&II NIA NIA Group Ill $05.00 $100.00 G1oupN St 15.00 $120.00 Group V $135.00 $145.00 Group VI $175.00 $185.00 Pmkvlnw Room North, paUo lnciudod Groupl&II NIA NIA Group 111 $95.00 $100.00 Group IV $115.00 $120.00 GroupV $135.00 $145.00 GroupV! $175.00 $185.00 Nole: Parkvlew Rooms available separately Mon• ThUIS, Friday (Jnlll 3:00 11111 Edinger Med!cal Group .. Room 1 Groupl&II NIA NIA Group Ill $65.00 $70.00 Group IV $85.00 S90.00 GroopV $05.00 $105.00 Group VI S115.00 $125,00 Master fee and Charges Schedule Community Services-Rentals 236 Community Services -Facility Rentals and Rocroational Services Charges [1] Description Adopted Charges Proposod Charges Edinger Mod!cti! Group -Room 2 Group I& 111 NIA NIA Group 1111 $55.00 $60,00 Group IV $75.00 $80.00 GtoupV $65,00 $95.00 Group VI $!05,00 $115,00 Game Room Group I & 111 NIA NIA Grollp lll1 $65.00 $70,00 Group IV $05.00 $90.00 GroupV $05.00 $105,00 Group VI $1Hi.OO $125.00 D.inceRoom Group 1&111 NIA NIA Group !II $05.00 $70.00 Group IV $85.00 ${10.00 GroupV $95.00 $105.00 GroupVl $115.00 $125.00 Group Exerdse Room Group I& II NIA NIA Group Ill $G5.00 $70.00 Group IV $85,00 $90.00 Group V S95.00 $105,00 Group Vl $115.00 S125.oo Computer Lab Room Groupl&II NIA NIA Grrn1p Ill $65.00 $70.00 Group IV $85,00 $90.00 GroupV $95.00 $105.00 G1oupVI $115,00 $125.00 Clybhouses lake ParkJHarbourVlevtClubhouso (hourly): Groupl&II No Charge No Charge Group\!I $50.00 $55.00 Group IV $55.00 $60.00 GroupV $80.00 $85.00 Group VI $100.00 $105.00 bake--ParkJHa1bour-Vlew-Gtubhou~e..,V,thAlooh(I\. -Houfly-flale-• -Ho11~y.Rat0--l--$20J){)Jllou1 (addllii:mal IJ(ludy-atMunl) $10.00/hollr Lako VfowClul.Jhouso (hou,ly): Group I & II NIA NIA Group m $35,00 S35.00 Group IV $~0.00 $~0,00 GmupV $60.00 $00.00 Group VJ $70.00 $70.00 l~ke.Vlow-C!ubho1rno-wi!h,Aloohol-(Rddilional---lfomly-Rato...1 --Ho111ly.-Ral8-¼---$20.-00/hou1 hou1ly--im1oun\) $l0.001hou1 Memorial llal! (hourly): Group I &II NIA NIA Group Ill $40.00 $45.00 Group IV $45.00 $50,00 GroupV $70.00 S75.00 Group VJ $00.00 $95,00 Rcslruc!urcd Rcslrnctured MQster Fee and Charges Schedule Community Servlces-Henta.1s 237 Community Services M Facility Rentals and Recreational Services Charges [1] Doscrlpllon Adoptod Ctrnrgos Proposed Charges Newland Barn lhourlv\: Grol.lpl&II NIA NIA Group Ill $60.00 $110.00 Group IV $00.00 $110.00 Gmup V $110.00 $130.00 Group VI $135.00 $130.00 NM!Jand-Bam-wilh-Aloohol-(addiUonal homly.-.Jfourly-RatO-i -l=l0Ufiy.-Ral&--!---$-1MO/how .imoun1) $-10.00/1\0UJ Nowland Darn. Saturday Additional Hou,ly $45.00 South Beacf1 Attended Lois E.Qcm!l!f!J!..Qr.JI!IJS: Cit'{_ or State Beaches £as sefec/ed b'l. tho Dlmctor of Comrmlnlty & Llhrat" SeNlcesl Per Park.log Space $20.00 to 50.00 Flat Raio Ros1ructurcd Now Now Master Fee and Charges Schedule Communily Smvfces•Ranta!s 238 Library -Charges Central Library lhcatcr and Moo!lng Room Rental ctrnrgcs [1] Adopted Charges Talbcrl Room Non Profit {501c3) Ros!donl!al s 05 Non Prom f601c3) -Non Ros!denUal s 105 Business/private • Res!dcnUal $ 145 Busin11ssfprivalo -Non Roshlen!laJ $ 155 UbraN Tlltl'aler Non Prom l501c3\ . Rosldcntlal s 135 Monday-Tliursdav Non Profilf501c3) -Non Resldenlla! s 165 Bus!noss/oriva(o -RosldenUa! $ 235 Bus!noss/privalo -Non Reslden!lal $ 255 Librory Theater Non Profit (501c3) • Hcsldcnl!al $ 165 Ffiday,Sa!urday,Sunday Non Profit (50tc:3) -Non Hesldontial $ 200 Buslnoss/ptivato -Roskfonllal $ 350 Buslncss/miva!o -Non Resldentlal $ 300 {lj Chare,0$ for urn of City Fac!litle$ may be waived for Cily or Ub1,1;ry sponsored or <0-5ponrnred events, per Rern!utlon 2014-15. Proposed Charges s 105 $ 116 s 155 s 165 $ 145 $ 175 s 245 $ 205 $ 175 $ 210 $ 360 $ 390 Master Fe!! and Charges Schedule library-Rentals 239 RESOLUTION NO. 2024-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AN UPDATED MASTE R FE E AND CHARGES SCHEDULE WHEREAS , the City Council adopted Resolution 2023-21 establishing the current Consolidated Comprehensive Citywide Master Fee and Charges Schedule (the "Fee and Charges Schedule")· and ' ' WHEREAS , user and regulatory fees are established by the City Council ; and WH E REAS , the City recently completed a study to identify the cost of providing various u se r and regulatory fee-related services ; and WHEREAS , the study examined fee-related serv ices provided by the City , the costs reasonably borne by the City in providing those services , the beneficiaries of those services , and the revenues produced by those paying fees and charges for special services; and WHEREAS , the City Council finds that providing these services is of special benefit to applicants both separate and apart from the general benefit to the public; and therefore , in the intere sts of fairness to the general public , the City desires to better recover the costs of providing these services from applicants who have sought or require the City's services by revising its schedule of fees ; and WHE REAS , the City Council hereby finds that the studies along with changes in City costs over the last several y ears , provide adequate evidence to conclude that the revised fees do not ex ceed the cost to provide the services for which the fees are charged; and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resol v e as follows : SECTION 1. The City Council hereby adopts the fees and charges as set forth in attached E xhibit "A" and incorporated by this reference. SECTION 2. The City Council authorizes that the City Manager or designee may make annual inflationary adjustm ents for various fees and charges each July 1, based on the prior y ear annual percentage change in the all-urban Consumer Price Index for Los Angeles-Long Beach- Anahe im , CA (CPI), not to ex ceed five percent (5%) per year. If the CPI does not change or goes down in a given year, no change shall be made to the fee schedule that year unless an adjustment is made to targeted cost recovery levels or fee study findings indicate that an adjustment is appropriate. The City 's senior residents shall be exempt from such adjustments. 24 -14716/342513 240 RESOLUTION NO. 2024-31 SECTION 3. Fire and Public Works fees adopted by this resolution shall become effective sixty (60) days after adoption. All other fees shall be effective July 1, 2024 . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on LJ1h_ day of ~ lAY\P..,J , 2024 . REVIEWED AND APPROVED: City#;;,- INITIATED AND APPROVED: fr Chief Financial fficer 2 241 RESOLUTION NO. 2024-31 Exhibit A 3 242 Reso No. 2024-31 Exhibit "A" City of Huntington Beach Proposed Master Fee and Charges Schedule Proposed Effective Dates: Fire and Public Works Fees: 60 Days After Adoption All Other Fees: July 1, 2024 243 City of Huntington Beach Master Fee and Charges Schedule Table of Contents City Clerk City Manager Finance Community Development Information Services Public Works Police Fire Library Community Services 1 2 6 8 22 23 30 32 44 48 244 City Clerk -User Fees No. Description Cooies: CL-1 Per oaoe (oer case law) [11 $ CL-2 Miscellaneous (includes micro film) Electronic Data Reouest !CD/DVD Coovl CL-3 Coov of Existina Data Fi le CL-4 Coov of Non-Existina Data File CL-5 Certification of Document $ CL-o Passport Program (Application fee , Federal Program Mandate) CL-7 Passoort Photoaraoh lootionall $ CL-8 Hourtv Rate : City Clerk $ For services requested of City staff which have no fee listed in this fee schedule , the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division . Additiona ll y, the City will pass-through to the applicant any discrete costs incurred from the use of externa l service providers if required to process the specific application . Notes (1) Per Public Records Act Adopted Fee Proposed Fee 0.10 $ 0 .10 Cost of Cost of Reproduction Reproduction Actual cost Actual cost Actual cost Actual cost 18 $ 18 $35 (per $35 (per Department of Department of State) State) 15 $ 15 127 $ 127 Master Fee and Charges Schedule Clerk 245 City Manager -Civic Center Room Rental Rates Description Adopted Fee Civic Center Room Rentals (per hour) Lower Level Conference Room 87 Non-Profit or Government Agency (HB Resident Rate) Non-Profit or Government Agency (Non-HB Resident Rate) Business or Private (HB Resident Rate) Business or Private (Non-HB Resident Rate) Lower Level Conference Room 08 Non-Profit or Govemment Agency (HB Resident Rate) Non-Profit or Govemment Agency (Non-HB Resident Rate) Business or Private (HB Resident Rate) Business or Private (Non-HB Resident Rate) Lower Level Conference Room 07/08 Combined Non-Profit or Government Agency (HB Resident Rate) Non-Profit or Government Agency (Non-HB Resident Rate) Business or Private (HB Resident Rate) Business or Private (Non-HB Resident Rate) Council Chambers Including Caucus Room Non-Profit or Government Agency (HB Resident Rate) Non-Profit or Govemment Agency (Non-HB Resident Rate) Business or Private (HB Resident Rate) Business or Private (Non-HB Resident Rate) 87/08/Council Chambers/Caucus Room Non-Profit or Government Agency (HB Res ident Rate) Non-Profit or Government Agency (Non-HB Resident Rate) Business or Private (HB Resident Rate) Business or Private (Non-HB Resident Rate) Security/Support Staffing IS Technical Support Chair/Table Set up (Depend ing on Rooms Reserved) Cleaning Fee (Required if Food is Served) Room Rental Security Deposit Date Change Fee (up to 20 days before event) Facility Reservation Cancellation Fee a) Cancellation at Least 20 Days in Advance of Event b) Cancellation Less than 20 Days in Advance of Event Proposed Fee $70 .00 $75 .00 $100 .00 $110 .00 $100.00 $110 .00 $138.00 $155.00 $145.00 $175 .00 $210 .00 $240 .00 $120 .00 $150 .00 $220 .00 $240 .0C $200 .0C $235 .00 $320 .00 $355 .00 $30 .00/staff/hour $40 .00/staff/hou r $85 -$150 $50 .0C $500 .0C $30.0C $50 plus 10% of room rental rate Entire Rental Charge Master Fee and Cha rg es Sch edule City Mgr Room 246 City Manager -Film and Photography Permit Fees Description Adopted Fee Application Fee Film $182 .00 Still Photography $182 .00 Student Application $50.00 Penmit Revisions $127 .00 Commercial Filming Penmit Fee Peak (April -October) -Per Day varies Off-Peak (November -March) -Per Day varies Still Photography Penmit Fee Per Day varies City Coordination Fee (Percent of Total Fees Pa id) n/a Site Visit First V isit n/a Each Add itional Visit n/a City Staffing and Support Charges Marine Safety Officer $101 .00 Police Officer $101 .00 Fire Department Personnel See Fire Fee Schedule Public Works Personnel Actual Costs Marine Safety Equipment (per vehicle/per day) $50.00 Police Department Equipment (per vehicle/per day) $50 .00 Beach Parking (per space/per day) $15 .00 Application of Parking Restrictions $140 .00 Location Use Fee Determined on case by case basis by sccpe of permit Proposed Fee $300 .00 $150.00 $50.00 $150 .00 $500 .00 $300 .00 $150 .00 15% No Charge $150.00 See Fire Fee Schedule See Police Fee Schedule See Fire Fee Schedule Actual Costs $50 .00 $50 .00 $15.00 $140 .00 Determined on case by case basis by scope o1 permit Master Fee and Charges Schedule City Mgr Film 247 City Manager -User Fees No . Description GM-4 Film FlaffRil P,JlJlliealiaA BR8F!JB ~ ~. -· -• A .... _,.,.,. GM-3 Film FleffRil Ra•,isiaAS GM-4 Haufly Rale FeF seFYiees Fequesles a# Gi!y slaff ,,,.RieR Ra~•e AB #ee lisles iA IRis #ea seResllle , !Re Gi!y MaAa!jeF BF IRe Gily MaAa!jeFS sesigAee SRBII seleffRiAe IRe BJlJlFSJlFiale #ee eases SA IRe eslaelisRes R8llR)' Fales feF IRiS se,iaFtmeAlfSiY isiaA . AssiliaAally , !Re Gi!y will JlBSS IRF8ll!JR la IRe a,i,ilieaAI BA)' siseFele aesls iAauFFes #Fam IRe llse a# el!lemal seFYiee JlFBYiseFs i# FequiFes ta JlFeeess !Re s,ieei#ie a,i,ilieatiaA. 4 Adopted Fee Proposed Fee $ $ $ $ ~82 Restructured eG Restructured ~46 Restructured irn Restructured Master Fee and Charges Schedule Film 1 OLD 248 City Manager -Fi l m Pe r mit Services Charges Description Adopted Proposed Charges Charges Metien 9ail•t 61la,ges ?FefessieAal CFe•N ef tlABSF 6 $ 243 Restructured CF8W ef 6 9 $ 486 Restructured CF8Y,' ef ~9 29 $ 697 Restructured c,ew !jFeB!eF lllaA 29 $ 728 Restructured Ht1AliA!jl8A Beaell Filff¥?Feat1eti8A CeFApBAies CFew ef t1AaeF Ii $ 182 Restructured CFS\•; ef Ii 9 $ 364 Restructured CFe,; ef 19 29 $ 486 Restructured CFew !jFealeF IABA 29 $ 697 Restructured ~ CFe•,,., ef t1AaeF 6 $ 61 Restructured CFew ef Ii 9 $ 121 Restructured CFew ef 19 29 $ 243 Restructured CFew !jFeBleF IABA 29 $ 364 Restructured Still 9ail't' 61la,ges ?FefessieAal CFew ef tlAB8F 19 $ 243 Restructured CFew ef ~9 29 $ 064 Restructured CFen !jFeB!eF IABA 29 $ 486 Restructured Ht1AliA!jl8A Beaell FilFAJ?F8at1elieA CeFApBAies CFew ef tlABeF 19 $ 12~ Restructured CFew ef 19 29 $ 243 Restructured CF8'# !jFeateF IABA 29 $ 364 Restructured ·r CFeW ef t1AB8F 19 $ 61 Restructured c,ew ef rn 29 $ 121 Restructured CF8'N !jF8aleF IABA 29 $ 243 Restructured .t.ddilienal 61la,ges LeealieA Use Fees T-L..-Restructured ------· - S!t1B8AI with iAGIFtleleF VeFiliea!ieA Ca, ernrnent Ageneies , --~ ---·-· .. --~ r tlS8, BAB S8ffi8 BB'.,' BFealEiA!l Aews 5 .... -, k, -· -, .. . . " ··-···- --Restructured ~ -Restructured Fe0HlFee . r, ~ ' Restructured Master Fee and Charges Schedule Film 2 OLD 249 Finance -User Fees and Charges No. Description Delinauent Customer Fees Returned Check Processing (Non-Sufficient Funds NSF ) FN-1 1st NSF Check FN-2 Each Subsequent NSF Check FN-3 Processing of Delinq uent Administrative Citation FN-4 Transient Occupancy Tax (TOT) Adm inistration processing fee (in addition to penalty) FN-5 Collections Process ing Fee Other Fees and Charoes FN-7 Parkinq Citation Processinq Fee FN-8 Cash Bond Acceotance and Processina FN-9 Tract/Other Bonds Processing FN -1 0 Lien Processinq FN-11 Business lmo rovement District (BID } Processinq Fee FN-12 Refund Processi na -Check FN-13 Check Reissuance Water Billina FN-14 Utility Customer Set-Uo (residential , industria l, construction} FN-15 Utility Billing Late Fee Business License FN-20 Chanoe to Business License -Name FN-21 Chanae to Business License -Location FN-22 Duplicate Business License FN-23 Business License Tax Processing Renewa l FN-24 Business License Tax Ren ewal Processinq (Tax Exempt Bu si ness} FN-25 Business License Appli cation FN-26 Business License Application (T ax Exempt Business l FN-27 Business License Home Occupation FN-28 Business License Field Re-insoection FN -29 Business License Revocation FN-30 Oil Penalty Administration Fee Soecial Reaulato rv Bus iness Permits Finance Police Sworn Non sworn FN-31 Binqo Permit FN-32 Ente rt a inm ent Permit -new FN-33 Enterta inm ent Permit -renewa l FN-34 Entertainment Permit-change of location/name FN-35 Enterta in ment Permit-conceptual FN-36 Fortune T ell er Permit -initia l FN-37 Fortune Teller Permit -renewal FN-38 Fortune Tell er Permit -cha nae of locatio n/name FN-39 Sexua ll y Oriented Business (SOB} Business Permit -initial FN-40 Sexua ll y Oriented Bu siness (SOB) Business Perm it -renewa l FN-41 Sexua ll y Oriented Bu siness (SOB) Business Perm it -change namenocation FN-42 Sexually Oriented Bu siness (SOB) Perform er Permit -initial FN-43 Sexually Oriented Busin ess (SOB} Performer Permit -renewal FN-44 Massaqe Establishment Reoistration Certificate -initial / add oartner 6 [2] [2] [1 1 Adopted Fee Proposed Fee $ 25 $ 25 $ 35 $ 35 $ 47 $ 47 $ 40 $ 40 $ 40 $ 40 $ 4.01 $ 4 $ 103 $ 103 $ 61 $ 61 $ 103 $ 103 $ 12 $ 12 $ 30 $ 30 $ 35 $ 35 $ 35 $ 35 greater of 5% or greater of 5% or $10 flat rate $10 flat rate $ 24 $ 24 $ 24 $ 24 $ 13 $ 13 $ 30 $ 30 $ -$ - $ 55 $ 55 $ -$ - $ 13 $ 13 $ 24 $ 24 $ 399 $ 399 $ 46 $ 46 $ 50 $ 50 $ 488 $ 488 $ 488 $ 488 $ 215 $ 215 $ 758 $ 758 $ 331 $ 331 $ 331 $ 331 $ 206 $ 206 $ 938 $ 938 $ 938 $ 938 $ 308 $ 308 $ 938 $ 938 $ 938 $ 938 $ 685 $ 685 Master Fee and Charges Sch edule Finance 250 Finance - U ser Fees and Charges No. Description FN-45 Massaoe Establishment Reoistration Certificate -renewal FN-46 Massage Establishment Registration Certificate -change of location/name/removal of partner FN-47 Massage Independent Reoistration Certificate-initial FN-48 Massaoe lndeoendent Reoistration Certificate-renewal FN-49 Massage Independent Registration Certificate-change of location/name FN-50 Escort Service Permit -initial FN-51 Escort Service Permit -renewal FN-52 Escort Service Permit -chanqe of location/name FN-53 Escort Employee Permit -in itia l FN-54 Escort Emolovee Permit -renewal Subpoena Fees FN-55 Response to subpoena -Hourly r51 FN-56 Response to subpoena -Records r51 FN-57 Resoonse to subooena -Civil [6] FN-58 Copies -Standard Size (up to 8.5 x 14) per copy plus actual postage charges FN-59 Copies -Documents off of microfilm + actual postaqe charoes FN-60 Copies -Reproduction of Documents requ iring special processing + actual postage charges Hourlv Rate: FN-6 1 Finance FN-62 Sidewalk Vendinq Permit Fee For services requested of City staff wh ich have no fee listed in this fee schedule . the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this departmenVdivision . Additionally. the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application . Taxicab Program Permit Fees FN-63 Company Permit r81. r101 F N-64 Vehicle Permit (per vehicle) [81, [101 FN-65 Driver Permit [81, [101 FN-66 Replacement Permit (Driver or Taxicab) [91 , [10] Credit Card Transaction Convenience Fee FN-67 Cred it Card Transaction Convenience Fee Notes (1] Bingo permit -Max $50 -CA Govt. Code 25845; Penal Code 326 .3-326 .5 [2] Per CA Civil Code ; 1st NSF Check is limited to $25 fee ; each subsequent NSF check is limited to $35 fee [4] Current master fee schedule includes this fee but is not currently being charged due to CA State Law -SB731 section 4600 effective 9/1 /09 and revised by AB 114 7 effective 1 /1 /15 (5] CA Evidence Code 1563 [6] CA Govt. Code 68097 (7] Not charged for parking meters (8] Fixed fee ; two-year permit [9] The replacement permit shall be valid for the remaining term of the permit being replaced. [10] City Technology Automation Fee also applies and is in additional to the base permtt fee . Adopted Fee Proposed Fee $ 685 $ 685 $ 230 $ 230 $ 345 $ 345 $ 243 $ 243 $ 73 $ 73 $ 748 $ 748 $ 748 $ 748 $ 308 $ 308 $ 748 $ 748 $ 748 $ 748 $ 24 $ 24 $ 15 $ 15 $ 275 $ 275 $0 .10 + postaqe $0.10 + postaqe $0 .20 + postaqe $0.20 + postaqe Actual Cost of Actual Cost of production production $ 159 $ 159 $ 299 $ 299 $ 3,250 $ 3,250 $ 270 $ 270 $ 438 $ 438 $ 70 $ 70 2.29% 3.00% Master Fee and Charges Schedule Finance 251 No . PL-1 PL-2 PL-3 PL-4 PL-5 PL-6 PL-7 PL-8 PL-9 PL -10 PL-11 PL-12 PL-13 PL-14 PL-15 PL-16 PL-17 PL-18 PL-19 PL-20 PL-21 PL-22 PL-23 PL-24 PL-25 PL-26 PL -27 Community Development, Planning Division -User Fees Description PLANNING COMMISSION ACTIONS [1 ) An nexation Requ est (depos it) Coastal Development Permit [2) Conditional Use Permit: New Res identia l Commerc ial/Industrial Alcohol, Dancing or Live En terta inmen t Mixed Use Entitlement Continu ance [3] Development Agree ment Origina l Contract or Significant Amendment (Depos it ) Minor Amendment I Afford able Housing Only Annual Review (P lann ing Comm ission Hea ri ng) Annual Review (A dministra tive Review) Entitl ement Plan Amendment New Hearing No Change to Conditions -Direc to r Rev iew General Pl an Amen dment -G PA Major Gene ra l Plan Amendment -GPA Minor Genera l Plan Conformance Local Coastal Program Amendment Reversion to Acreage Special Permit Tentative Tract Map Base Per Lot Variance [5] Zoning Map Am endment [6] Precise Pl an of Street Align ment Mobi le Home Park Conversion Review Zoni ng T ext Amend ment-Maj or Zon ing Text Amendment-Mino r 8 Adopted Fee Proposed Fee Deposi t of $44,000 Deposit of $44,000 $ 10 ,228 $ 10,228 $ 14,480 $ 14,480 $ 15,399 $ 15,399 $ 6,663 $ 6,663 $ 33 ,682 $ 33 ,682 $ 744 $ 744 Deposit of Deposit of $40 ,000 $40 ,000 $ 14,866 $ 14,866 $ 5 ,309 $ 5 ,309 $ 3,185 $ 3,185 $ 7,277 $ 7,277 $ 3,975 $ 3,975 $ 70,461 $ 70,461 $ 39,766 $ 39,766 $ 8,875 $ 8,875 $ 29,342 $ 29,342 $ 7,403 $ 7,403 $ 5,693 $ 5,693 $ 36 ,863 $ 36 ,863 $ 107 $ 107 $ 6 ,064 $ 6 ,064 $ 42,367 $ 42 ,367 $ 24 ,120 $ 24 ,120 $ 62,048 $ 62 ,048 $ 54,82 5 $ 54 ,825 $ 23 ,033 $ 23,033 Ma st e r Fee and Ch arges Sch ed ul e Pl ann in g 252 No. PL-28 PL-29 ZA-21 PL-30 PL-157 PL-31 PL-32 PL-33 PL-34 PL-35 PL-36 PL-37 PL-38 PL-39 PL-40 PL-41 PL-42 PL-43 PL-44 PL-46 PL-47 PL-48 PL-49 PL-50 PL-45 PL -51 PL-52 PL-53 PL-54 Community Development, Planning Division -User Fees Description ZONING ADMINISTRATOR ACTIONS [1] Coastal Development Permit [2] Single Family Dwelling All Others Sunset Beach -approval in concept -no public hearing Conditional Use Permit Conditional Use Permit (Alcohol , Dancing, or Live Entertainment) Conditional Use Permit (Fences/Exceptions to Height Limits) Entitlement Continuance [3] Entitlement Plan Amendment New Hearing No Change to Conditions -Director Review Temporary Use Permit Bond (if applicable) [C] Tentative Parcel Map Tentative Parcel Ma p Waiver Tentative Tract Map Base Per Lot Variance [5] ENVIRONMENTAL REVIEW [1] Environmental Assessment (Deposit) [7] Historic Structures (Deposit) [7] Environmental Review Focused EA (Deposit) [7] Mitigation Monitoring: Mitigated Negative Declaration Environmental Impact Report Environmental Impact Report (EIR) Consultant Prepared (Deposit) [7] STAFF REVIEW AND SERVICES [1] Address Assignment Processing (per project) Address Change Address Assignment -Meter Only Administrative Permit List 1: Outdoor Dining , Eating and Drinking Establishments, Fence Extensions (<8'), Personal Enrichment Services over 5 ,000 sq . ft., and Home Occupations List 2 : Parking Reduction, Carts & Kiosks , Waiver of Development Standards, Non-conforming structure additions List 2A: Daycare List 3: Privacy Gates, Game Centers, Accessory Dwell ing Units, Manufactured Home Parks 9 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Adopted Fee Proposed Fee 5 ,588 $ 5,588 7 ,248 $ 7,248 1,395 $ 1,395 8 ,358 $ 8 ,358 8 ,358 $ 6 ,663 2,767 $ 2,767 531 $ 531 3 ,810 $ 3,810 2 ,607 $ 2 ,607 5 ,832 $ 5 ,832 530 $ 530 9 ,071 $ 9,071 3 ,987 $ 3,987 14,663 $ 14,663 108 $ 108 5 ,533 $ 5,533 See Note See Note See Note See Note See Note See Note See Note See Note See Note See Note 2 ,089 $ 2,089 465 $ 465 137 $ 137 1,736 $ 1,736 2 ,785 $ 2 ,785 No charge No charge 2,606 $ 2,606 Master Fee and Charges Sc h edul e Planning 253 No . PL-55 PL -56 PL-57 PL-58 PL-59 PL -60 PL-61 PL-62 PL -148 PL-149 Pl -63 PL -64 PL-65 PL-66 PL -67 PL-68 PL-70 PL -71 PL-72 PL-73 PL -74 PL-7 5 PL-76 PL -77 PL-78 PL-79 PL-80 PL -81 PL -82 PL-83 PL-84 PL-85 Community Deve lopment, Planning Division -User Fees Description List 4: Pe rsona l Enrichmen t Services und er 5,000 sq ft Anima l Permits $ Catego rical Exclusion letter (coasta l) $ CC&R Rev iew $ Certificate of Complian ce $ Design Rev iew Board Minor-approved by ORB Secretary $ Others $ Extension of Ti me $ Fina l Parcel Map $ Fina l Tract Map $ In iti a l Plan , Zoning & Review (land use changes , zone ch anges , conceptual plans ) $ Landscape Plan Check : Single Family Dwell ing $ Tract Map $ Com mercia l/Industrial/Mu lti-Fam il y Dwell in g $ Lim ited Sign Permit $ Lo t Line Adj ustment / Lot Merg e r (Plann ing ) $ Planned Sign Program Single User and Amendments to Existing Programs $ Multip le Users $ Preli minary Plan Review: [4] Si ngl e Family Residentia l $ Multi-Family Res id entia l (up to 9 un its) $ Mul ti-Family Residential (~10 un its) $ Non-Residential / Mixed Use $ S ign Code Ex cept ion -Staff $ S ign Code Exception -Design Review Board $ Si t e Plan Review Major -PC Review $ Minor- FaQade remodel , Ca r Dea lers hi ps $ Temporary an d Pro motiona l Activity Sign Permit $ Temporary Sa les/Event Permit $ Wire less Permit Applicat ion s $ Zo ning Lette r: Zoning/ Flood Verifi ca tion $ Zoning Letter Staff $ Zoning Research/In formation (Per Hour - 1 hr. min .) $ 10 Adopted Fee Proposed Fee No c harge No cha rge 438 $ 438 531 $ 531 1,727 $ 1,727 1,630 $ 1,6 30 1,987 $ 1,987 3,975 $ 3,975 63 7 $ 637 1,455 $ 1,455 2 ,078 $ 2 ,078 1,061 $ 1,061 781 $ 781 1,562 $ 1,562 1,562 $ 1,562 1,896 $ 1,896 1,380 $ 1,380 1,994 $ 1,994 3,109 $ 3,109 1,477 $ 1,477 2,597 $ 2,597 4 ,075 $ 4,075 4 ,788 $ 4 ,788 1,699 $ 1,6 99 2,336 $ 2,336 14 ,627 $ 14,627 6,080 $ 6,080 107 $ 107 309 $ 309 1,858 $ 1,858 107 $ 107 319 $ 319 212 $ 2 12 Mast er Fee and Ch arges Sc hed ul e Pl anning 254 Community Development, Planning Division -User Fees No. Description PL-86 Planning Consultation/Meeting Fee (Per Hour, Per Planner; 1 hr . min .) APPEALS [1] To Planning Commission PL-87 Single family owner appealing decision of own property PL-88 Others PL-8 9 Appeal of Director's Decision (PC Public Hearing) PL-90 Appeal of Director's In terpretation (PC Non-Public) To City Council (fi le w/ City Clerk's Office) PL-91 Single family owner appealing decision of own property PL-92 Others PL-93 Mills Act Annual Fee PL-94 Mills Act Application Fee PLANNING BUILDING PLAN REVIEW [1] PL -95 Planning Plan review PL-96 Standard production units after model unit has been reviewed AFFORDABLE HOUSING IN -LIE U FEES [C] Subject to Cost of Living Index Adjustments per Resolution 2008-43 PL-97 ... ... ... Re fer to separately presented Affordable Housing in -lieu Fee Schedule for Planning Fees PL 97 - 131 (established per Resolution 2007-71 and subject to annual adj ustment) ... ... PL-131 PL-109 lnclusionary Housing In-Li eu Fee OTHER FEES PL-104 Downtown Specifi c Plan Fee [C] Outdoor Dining : PL-105 License Agreement Application Fee PL-106 License Agreement Us e Charge PL-107 License Agreement Code Enforcement Fee PL-108 Noise Deviation Permit General Plan Maintenance Fee per sq . ft new construction Pursuant to City Council Resolution No. 2012-66 adopted on October 1, 2012 , the park land [C] dedication in lieu fees (Quimby Fees) effective November 14, 2012 are as follows: 11 $ $ $ $ $ $ $ $ $ $ $ $ Adopted Fee Proposed Fee 212 $ 212 3 ,549 $ 3,549 4 ,899 $ 4 ,899 3,413 $ 3,413 2 ,556 $ 2,556 2,693 $ 2,693 4 ,323 $ 4 ,323 212 $ 2 12 607 $ 607 46% of building 46% of building inspection fee inspection fee 20% of building 20% of building inspection fee inspection fee Manual Manual $831 per acre $831 per acre 212 $ 212 $0.01/SF $0.01/SF $4/SF $4/SF 1,699 $ 1,699 0.27 $ 0.27 Master Fee and Charges Schedu l e Planning 255 Community Development, Planning Division -User Fees No. Description PROJECTS REQUIRING A SUBDIVIS IO N MAP Residential Land Use: PL-144 Detached Dwell ing Units (Pers ons per Dwelling: 2.9 13) PL-145 Attac hed Dwelling Un its (Persons pe r Dwelling: 2.257) PL-146 Mobile Home Dwelling Units (Persons per Dwelling : 1.822) Beach Edinger Corridor Fees: Net new commercial or office project Net new industrial project Remodels or fac;ade improvements (co mmercial ) Remodels or fac;ade improvements (in dustrial) New resident ia l units (MFR ) New residentia l units (SFR) New hotel room ADDITIONAL FEES MAY BE REQUIRED ENTITLEMENTS FOR DEVELOPMENT INCLUDE INITIAL REVIEW OF PLANS AND ONE SUBSEQUENT REVISION SUBMITTAL. REVI EW OF PLANS IN EXCESS OF ONE REVISION SHALL BE CHARGED THE FULLY BURDEN ED HOURLY RA TE. ALSO SEE DEPARTMENTS OF PUBLIC WORKS , FIRE , AND THE BUSINESS LICENSE DIVIS ION FOR ADDITIONAL FEES . Hourly Rate PL-147 Planning For services requested of City staff which have no fee listed in this fee schedule , the City Manager or the City Manage~s design ee shall determine the appropriate fee based on the established hourly rates for this department/divisi on . Add itionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application . SHORT-TERM RENTAL PERMITS PL-150 Short-Term Rental Permit Processing -Initial Two Years PL-151 Short-Term Rental Permit Processing -Renewal GROUP HOME/ SOBER LIVING HOME USE PERMIT PL-152 Six or Fewer Res idents (Special Use Permit) Seven or More Residents a) Condition al Use Permit PL -153 b) Operator Permit PL-154 Pu bli c Notice Fee PL-155 Conceptual Project Fee PL -156 Development Assistance Team (DAT) Fee (per hr) 12 [CJ $ [11 [8] $ [8) $ [11 $ $ $ $ $ $ Adopted Fee Proposed Fee $0.30/sq.ft . $0.30/sq .ft . $0.30/sq .ft. $0 .30/sq .ft. $0 .08/sq .ft . $0.08/sq .ft . $0 .08/sq.ft. $0 .08/sq .ft . $300/unit $30 0/unit $300/unit $300/unit $300/room $300/room 212 $ 212 62 0 $ 620 322 $ 322 1,846 $ 1,846 5 ,018 $ 5 ,018 2,310 $ 2,310 518 $ 518 1,000 $ 1,000 212 $ 212 Master Fee and Charges Schedule Planning 256 Community Development, Planning Division -User Fees No . De scription Adopted Fee Propose d Fee Notes : (1 ] Includes automation fee . (2] Coastal Developme nt Permit reduced 50 % when processed co ncurrentl y with a Conditional Use Permit , Tentative Map or Variance . [3] Plus costs for Notice of Publ ica t ion , if applicable. [4] 50 percent of fee credited towards future entitlements. (5] Variance fee reduced 50% when processed concurrently with a Conditional Use Perm it. [6] ZMA fee reduced 50 % when processed concurrently with a Gene ral Pl an Amendment. (CJ Incl uded for the purpose of consolidation into the new Master Fee & Cha rges Schedule . (7] Deposit wi th actual costs based on a time and material (T&M) basis . [8] Short-Term Rental Permit fees include code enforcement review requ ired to conduct permit application review . For Cod e Enforcem ent effort subsequent to iss uance of initia l permit , hourly billing rates apply. 13 Master Fee and Cha rges Sc hedule Planning 257 Commu nity Development, Building Division -User Fees No. Description Adopted Fee B-1 Permit Processing Charge (All permits , plan reviews, including $ 39 chanoe of contractor, owner, special inspector proqram, etc.) B-2 Building Inspection Fees (Including Foundation or Partial Building Based on Project Valuation Inspection as well as routine building permit activities) Inspection Fees {based on valuation): $1 to $500 $ 80 $501 to $2 ,000 $80.00 for first $500 + $5.33 for each additional $100 or fraction thereof $2 ,001 to $25,000 $160 .00 for first $2 ,000 + $21 .30 for each additional $1 ,000 or fraction thereof $25,001 to $50,000 $650.00 for first $25,000 + $12.00 for each additional $1,000 or fraction thereof $50,001 to $100,000 $950.00 for first $50,000 + $7.00 for each additional $1 ,000 or fraction thereof $100 ,001 to $500,000 $1 ,300.00 for first $100 ,000 + $6.50 for each additional $1 ,000 or fraction thereof $500 ,001 to $1,000,000 $3,900.00 for first $500,000 + $5.80 for each additional $1,000 or fraction thereof $1,000 ,000 and up $6,800.00 for first $1 ,000,000 + $4 .64 for each additional $1 ,000 or fraction thereof B-3 Building Plan Review Fees 61 % of building inspection fee B-4 Standard production units after model unit has been reviewed [6] 26 % of building inspection fee B-5 Plan Review Fee for projects requiring review in excess of 2-4 reviews -HOURLY $100,000 or less -2 or more reviews $ 157 $100 ,001 -$1 ,000 ,000-3 or more reviews $ 157 $1,000 ,001 or more - 4 or more reviews $ 157 B-6 Refund Processing Fee $ 235 B-7 Record Retention Fee -Each sheet of permitted drawings [5] $ 4 B-8 Record Retention Fee -Each Issued permit [5] $ 1 B-9 Counter Staff Research/Special Services (More than 10 min .) actual cost; $157 per hr. B-10 Copies from Microfilm [5] $3 .00 for 1st copy, $1 .50 each additional copy B-11 Copies not on Microfilm (5] $ 0.10 B-12 Building Plan Review Extension $ 157 B-13 Building Permit Extension $ 157 B-14 Building Relocation Inspection Fee (first 2 hours, minimum charge) $ 313 B-15 Bu ilding Relocation Inspection Fee (each additional hour) $ 157 B-16 Investigation Fee-for work performed without a permit [7] Equal to Std . lnsp. Fee OR A ctual cost, whichever is greater. Minimum $250 B-17 Reinspection Fee $ 196 B-18 Permit Suoolement r81 B-19 Expired Permits [7 , 9] $ 53 14 Proposed Fee $ 39 Based on Project Valuation $ 80 $80.00 for first $500 + $5.33 for each additional $100 or fraction thereof $160.00 for first $2,000 + $21.30 for each additional $1 ,000 or fraction thereof $650.00 for first $25,000 + $12 .00 for each additional $1,000 or fraction thereof $950.00 for first $50,000 + $7 .00 for each additional $1,000 or fraction thereof $1 ,300.00 for first $100,000 + $6.50 for each additional $1 ,000 or fraction thereof $3,900 .00 for first $500 ,000 + $5 .80 for each additional $1,000 or fraction thereof $6,800.00 for first $1 ,000 ,000 + $4 .64 for each additional $1,000 or fraction thereof 61 % of building inspection fee 26% of building inspection fee $ 157 $ 157 $ 157 $ 235 $ 4 $ 1 actual cost; $157 per hr. $3 .00 for 1st copy, $1 .50 each additional copy $ 0.10 $ 157 $ 157 $ 313 $ 157 Equal to Std . lnsp. Fee OR Actual cost, whichever is greater. $ $ Minimum $250 196 53 Master Fee and Charges Schedule Building 258 Community Development, Building Division -User Fees No. Description Adopted Fee B-20 Recording and Release of Non-Compliance due to Perm it Expiration $ 157 & Similar Services -City ProcessinQ Fee B-21 Recording and Re lease of Non-Complian ce due to Permit Expiration (10] $ 10 & Similar Services -County Recorder Fee B-22 Certificate of Occupancy w/Building Permit No Charge B-23 Certificate of Occupancy Review (no inspection required) [3] $ 53 B-24 Modified Certificate without additional inspection/admin. [4] $ 39 B-25 Certificate when In spection/Administrative Services required -B/M $ 196 0cc B-26 Certificate when Inspection/Administrative Services required -All $ 626 OtherOcc B-27 Certificate of Occupancy Review services requiring services in excess $157/hour of 75 minutes for B/M Occupancy, or in excess of 250 minutes for Oth er Occupancies B-28 Temporary Certificate of Occ upan cy -B/M Occu pancies Actual Cost; $121 minimum B-29 Temporary Certificate of Occupancy -All Other Occu pan cies A ctua l Cost; $273 minimum B-30 Building D ivision Counter Services , In spection , Plan Review, $ 157 Supervisory Services -durinQ normal work hours -hourly rate B-31 Building Division Counter Services , In spection, Plan Rev iew, $ 189 Supervisory Service -outside normal work hours -hourly rate B-32 Planning Division -Bu ild ing Plan Review See Planning Fee Analysis B-33 State of California -SMIP fees 51 B-34 Huntinoton Beach Library and School District Fees 51 B-35 Electrical Permit Fees Minimum $47 New single and multiple-fami ly residential buildings including $0 .22/sq foot , $47 minimum additions and attached garages Each service meter $1.15.00/AMP, $47 minimum Each sub panel $ 54 .95 Each self-contained, factory-wired , approved unit (2 -HP max over $ 29.29 2-H P see generators , motors and transformers) Lighting Fixtures: First 50 fixtures, each $ 4.55 Each add itional fixture $ 2 .24 Each pole with fixtures $ 29 .29 Generators, Motors and Transformers: HP, kW , or KVA. Rating of Equipment up to and including two (2) $ 29.29 Over two (2) and not over ten (10) $ 54 .95 Over ten (10) and not over fifty (50) $ 115.42 Over fifty (50) $ 283.85 Re ceptacle and Switch Outlets : First fifty (50) outlets , each $ 4.55 Each additional outlet $ 2.24 Each section of track lighti ng or multiple outlet assembly $ 14 .62 15 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Proposed Fee 157 10 No Charge 53 39 196 626 $157/hour Actual Cost; $121 minimum Actual Cost; $273 minimum 157 189 See Planning Fee Analysis Minimum $47 $0 .22/sq foot, $47 minimum $1.15 .00/AMP, $47 minimum 54 .95 29.29 4.55 2 .24 29 .29 29.29 54 .95 115.42 283 .85 4 .55 2 .24 14 .62 Master Fee and Charges Schedule Building 259 Community Development, Building Division -User Fees No . Description Adopted Fee Signs: 1st sign at one address $ 283.85 Each additional sign at th e same ad dress $ 115.42 Fuse up $ 73 .27 Temoorarv service: Each temporary or construction pole (including lights and outlets $ 115.42 for outdoor uses) Each sub-pole with pane l $ 54 .95 Each misc. item regulated by HB Electrical Code where no fee $ 54.95 listed B-36 Electrical Pl an Review 62% of electrica l Inspect ion fee ; $79 minimum Reviews in excess of 3 submitta ls $157/hr ; $79 minim um B-37 Mechani ca l Permit Fees Minimum $47 .00 Installation or relocation of each furnace , includi ng ducts and/or $ 85 vents attached to such appliance Each Fire and/or Smoke Damper $ 37 Relocation or replacement of each appliance vent not included in $ 37 an ap pl iance item also permitted HVAC Duct Extension/Relocation for 1 to 1 O ducts $ 54 Each Additiona l Du ct $ 7 In sta ll ation or relocation of each boiler to 15hp or comp resso r to $ 90 and includ ing 5 to ns , including attached cuts and/or vents In sta ll ation or re location of each boiler over 15 hp or compressor $ 218 over 5 tons , including attached ducts and/or vents Each evaporative cooler (non-portable type) $ 44 Exhaust fan connected to a single environmental air duct $ 23 (incl udes res identi al cooking hoods) Each Air Handling unit not part of a factory-assembled appliance $ 44 Each venti lati on system less than or equal to 100,000 cfm which $ 44 is not a portion of any HVAC system authorized by permit Each ventilation system less more or equal to 100,000 cfm which $ 90 is not a portion of any HV AC system authorized by permit Hood served by mechanical exhaust including ducVfan $ 90 Misce llaneous items including all factory-built stoves , ovens . etc . $ 44 Factory Built firep la ces $ 44 Each low pressure gas-piping system up to .5 ps i $ 35 Each medium or high pressure gas piping system exceeding .5 $ 119 psi Each misc . item regu lated by HB Mechanical Code where no fee $ 44 lis ted B-38 Mechanical Pl an Revi ew 121 % of mechanical In spection fee ; $64 minimu m Reviews in excess of 3 submitta ls $157/hr ; $79 minimum B-39 Plumbing Permit Fees Minimum $47.00 Ea ch plumbing fixture $ 47 Each building sewer $ 95 Rainwater systems-per drain $ 24 Each water heater and or vent $ 47 16 Proposed Fee $ 283.85 $ 115.42 $ 73.27 $ 115.42 $ 54 .95 $ 54 .95 62% of electrical Inspectio n fe e; $79 minimum $157/hr; $79 minimu m Minimum $47 .00 $ 85 $ 37 $ 37 $ 54 $ 7 $ 90 $ 218 $ 44 $ 23 $ 44 $ 44 $ 90 $ 90 $ 44 $ 44 $ 35 $ 119 $ 44 12 1 % of mechanical Inspection $ $ $ $ fee ; $64 minimum $157/hr; $79 minimum Min imum $47 .00 47 95 24 47 Master Fee and Cha rg es Schedule Building 260 Community Development, Building Division -User Fees No. Description Adopted Fee Each low pressure gas-piping system, up to .5 psi $ 35 Each medium or high pressure gas piping system exceeding .5 psi $ 119 Each waste interceptor or each kitchen grease trap $ 95 Installation or alteration of water piping, including vacuum breakers $ 95 or backflow devices Water Treating Equipment $ 47 Floor Drain or floor sink $ 47 Each misc. item regulated by HB Plumbing Code where no fee is $ 47 listed Sump Pumps (sewage or rainwater) $ 47 Medical Gas System of 1 to 5 ou tlets $ 318 Each additional medical gas outlet $ 30 Each misc. item regulated by HB Plumbing Code where no fee $ 47 listed B-40 Plumbing Plan Review 68% of plumbing Inspection fee ; $79 minimum Reviews in excess of 3 submittals $157/hr; $79 minimum B-41 Swimming Pool Permit Fees Minimum $47 .00 Building In spection Fee 0.8x as establi shed herein Building Plan Review Fee 61 % of building inspection fee Planning Plan Review Fee 20 % of building irtspection fee Electri cal Items $ 151 Exception: Above qround spas , see electrical items Plumbing Items $ 134 Exceotion : Above around soas , see olumbina items Pre-Site Inspection $ 157 B-42 Solar Energy Permit Fees [11] Varies based on State GC Residential 15 kW or less $ 450.00 More than 15 kW $450 + $15 per kW above 15 kW Commercial 15 kW or less $ 450.00 More than 15 kW to 50 kW $ 1,000 .00 More than 50 kW to 250 kW $1 ,000 + $7 per kW above 50 kW More than 250 kW $2,000 + $5 per kW above 250 kW B-43 Landscaoe lnsoection Residential $ 79 Commercial/Industrial/Multi-family $ 236 B-44 NPDES Inspection (houriy, 1/2 hour minimum ) $ 157 B-45 Building without a permit-fine [5] 2 X Inspection Fee B-46 Technology Automation fee 6% of all development, permit and prevention fees for Planning , Building , Public Works and Fire B-47 Expedited Plan Review 17 Proposed Fee $ 35 $ 119 $ 95 $ 95 $ 47 $ 47 $ 47 $ 47 $ 318 $ 30 $ 47 68% of plumbing Inspection fee ; $79 minimum $157/hr; $79 minimum Minimum $47.00 0.8 x as established herein 61 % of building inspection fe e 20 % of building inspection fee $ 151 $ 134 $ 157 Varies based on State GC $ 450.00 $450 + $15 per kW above 15 kW $ 450.00 $ 1,000.00 $1 ,000 + $7 per kW above 50 kW $2,000 + $5 per kW above 250 kW $ 79 $ 236 $ 157 2 X Inspection Fee 6% of all development, permit and prevention fees for Planning , Building , Public Works and Fire 2 X Plan Review Fee Master Fee and Char es Sch g edule Building 261 No. Notes [1] [2] [3] [4] [5] [6] [7] (8] [9] [10] [11] Community Development, Building Division -User Fees Description For services requested of City staff which have no fee li sted in this fee schedule, the City Manager or the City Manager's designee shall determin e the appropriate fee based on the establi shed hourly rates for th is department/division . Additiona ll y, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application. Building Flat Fees only; remainder of cost analys is conducted on program level in separate analysis Fees may be waived for Plumbing, Mechanical and Electrical perm its issued by the Department of Bu ilding & Safety for electrical, mechanical or plumbing systems that either produce energy or save natural resources and exceed State and Federal minimum requirements. Examples include, but are not limited to , photovoltaic systems, solar water heating systems, high efficiency furnaces and hiah efficiencv air conditioners. City collects $75 current fee (building counter svcs.) Only $30 processing fee is collected if modified Not included in cost analysis ; placeholder on Master Fee Schedule Fee percentage set by City policy , not evaluated through NBS cost analysis Penalty; set by City code/citation authority. Not included in NBS cost Analysis Per City policy, fees to issue revised permits , adjust perm its , admin permits or those not listed are subject to the processing fee , microfilm fee . and other fee schedule line items as applicable. Min imum Inspection Fee does not apply Per C ity policy, fees to reactivate permits include the established processing fee plus a penalty of 50 % of the new inspection fee for projects with less than 6 months expiry, or 100% of new inspection fee for more than 6 months expiry Fee set by County; NBS did not evalu ate Fees for this section are set by the State Governm ent Code Section Adopted Fee 18 Proposed Fee Master Fee and Charges Schedule Building 262 No. CE-1 CE-2 CE-3 CE-4 CE-5 CE-6 CE-7 CE-8 CE-9 CE-10 CE-11 CE-12 CE -13 CE-14 Community Development, Code Enforcement Division -User Fees Description Adopted Fee Proposed Fee Re-inspection Fee without Citation $ Re-inspection Fee with a Citatio n $ Notice & Order Fee $ Mobile Vending Permit In itial $ Mobile Vending Permit Annu al $ Shopping Cart Retrieva l Containment Application $ Newsrack • New Permit $ Newsrack • annual Pe rmit per rack $ Appeals Fee for Notice & Orde r $ Hourly Rate • Code Enforcement Supervisor $ Hourly Rate• Senior Code Enforcement Officer $ Hourly Rate • Code Enforcement Officer II $ Hourly Rate -Code Enforcemen t Officer I $ Hourly Rate• Code Enforce me nt Tech ni cian $ For services requested of City staff which have no fee listed in this fee schedule , the City Manager or the City Ma nager's designee shall dete rm ine the appropriate fee based on the established hourly rates for this department/division . Additiona ll y, the Ci ty will pass-through to the appl icant any discrete costs incurred from the use of external service providers if required to process t he specific application . 19 183 $ 183 457 $ 457 3,203 $ 3,203 321 $ 32 1 90 $ 90 687 $ 687 594 $ 594 90 $ 90 512 $ 512 221 $ 221 176 $ 176 167 $ 167 128 $ 128 113 $ 11 3 Master Fee and Charges Schedule Code Enforcement 263 No . CE-15 CE-16 CE-17 CE-18 CE-19 CE-20 Notes (1 ) Community Development, Community Enhancement Division -User Fees Description Subordination Fee Reco nveyan ce Fee Demand Fee Re hab Loan / Grant Fee Affo rda bl e Hous in g Unit In spection Affo rda bl e Housing Un it -An nua l Rev iew Pursuant to City Council adoption of the Housing and Rehab Rules and Regu lations on April 5 , 2010 , Rehab Loan/Grant fee was set at $500 20 $ $ $ [1] $ $ $ Adopted Fee Proposed Fee 303 $ 303 97 $ 97 169 $ 169 500 $ 500 53 $ 53 26 $ 26 Mast er Fe e and Ch arges Sch edule Community Enhanceme nt 264 CO MMUN ITY DEVELOPMENT-FACILITY RENTALS AND RECREATIONAL SERVICE FEES FEE DESCRIPTION Strand Parking Structure Daily Fee: Seelemeer 1!i Ma•, 16 : November 1 -March 31 : First 15 minutes(included as part of first hour) First 2 hours or less Each 20 minutes thereafter Dailv Maximum M ·: Aoril 1 -October 31 : First 15 minutes (included as part of first hour) First 2 hours or less Each 20 minutes thereafter Dai lv Ma ximum Flat Rate (after 8:00 oml Holiday Event Flat Rate Valet Rates: ·~ '~: • ovember 1 -March 31 : First 2 hours Each 20 minutes thereafter Maximum Rate ·~ : Aoril 1 -October 31 : First 2 hours Each 20 minutes thereafter Maximum Rate Monthly Parkina Pass: 24 hours, 7 davs per week access Bus iness Hours Parking Pass (Program expires September 20, 2032): 4th Amendment to Owner Participation Aqreement Annual CP I Increase each Mav 21 Adopted Fee Floor No Charge $2 .00 $1 .00 $15 .00 No Charge $2 .00 $2 .00 $17 .00 $6.00 $27 .00 $6 .00 $1 .00 $18 .00 $6 .00 $1 .00 $18 .00 $40.00 $18 .86 Adopted Fee Proposed Fee Maximum No Charge No Charge $2 .00 $2 .50 $2 .00 $2.50 $18.00 $18 .00 No Charge No Charge $2 .00 $3 .00 $3.00 $3.00 $20 .00 $22 .00 $8 .00 $10.00 $30 .00 $30.00 $6.00 $8 .00 $2 .00 $2.50 $20 .00 $18 .00 $6 .00 $10.00 $2 .00 $3.00 $20.00 $22.00 $50 .00 $65.00 $18 .86 $19 .99 Master Fee and Charges Schedule Strand Parking 265 Information Services -User Fee No . Description IS -1 Technology Fee Notes: (1] To be charged on all user fee services using the ELM system 22 [1] Adopted Fee Proposed Fee 6% 6% Master Fee and Charges Schedule Information Services 266 Public Works -User Fees Fee Activity No. Description DEVELOPMENT RELATED FEES * All Plan Check fees include 2 plan checks; additional plan checks are additional PW-1 Bond reduction (partially co mpleted projects) [2 ,3] PW-2 Cash Bond Processin g (plus $90 Treasury Fee) PW-3 Construction Water (per dwelling unit) [CJ PW-4 Drainage Fees per acre-Ordinance #3741 dated 9/06, Resolution 2006-23 [CJ PW-5 Dock Construction Plan Review/Inspecti on [12] PW-6 Final Parcel Map Check [2, 3 , 12] PW-7 Final Tract Map Check [2, 3 , 12] PW-8 Lo t Line Adjustment (Public Works) [2, 3, 12] PW-9 Fire Hydrant Flow Analysis [3 ,7] Grading Plan Check & Inspection (includes erosion control) PW-10 (51--300 cubic yards) -deposit [2 , 3, 12] PW-11 (301-5,000 cubic yards) -deposit [2 , 3 , 12] PW-12 (Greater than 5,001 cubic yards) Maximum Deposit* [2, 3 , 12] Improvement Plan Check : PW-13 Misc/Minor [7 , 12] PW-14 Single Family Dwe ll ing (deposit) [2 , 3, 12] PW-15 All Others per 4 sheets (deposit) [2 , 3 , 12] PW-16 Landscape Plan Check and Inspection -(Right-of-way) -Deposit [3, 7, 12] ENCROACHMENT PERMITS Improvement Inspection PW-17 Minor (2 Hr. Min . Deposit) [2 , 3 , 12] PW-18 Re si dential Minor [12) PW-19 Res idential Major (12] PW-20 Commercial/Retail/Industrial -Minor [12] PW-21 Commercial/Retail/Industrial -Major [12) PW-22 Utility Co Encroachment Permit [C, 12] Improvement Inspection (Utilities) -per hour (billed monthly) [12] PW-23 Encroachment Permit !Nenel,,eflting will'le1d): Violation Fine -Permit Cost [4 , 12] is equal to the amount paid for the permit at the time of issuance. The fine for working without a permit shall equal the full permit fee as set forth in the Fee Schedule or as determined by the Director. 23 Adopted Fee Proposed Fee Deposit of $2,900 Deposit of $3 ,100 $ 721 $ 790 $ 100 2x commodity rate $ 14,497 $ 14,497 $ 1,154 $ 1 ,260 Deposit of $4,600 Deposit of $5 ,000 Deposit of $6,300 Deposit of $6 ,900 Deposit of $1 ,400 Deposit of $1,500 Hourly Rate Hourly Rate Deposit of $5,500 Deposit of $6 ,000 Deposit of $9,700 Deposit of $10 ,600 Deposit of $14,600 Deposit of $16,000 $ $ $ 924 $ 1,010 Deposit of $2,100 Deposit of $2,300 Deposit of $4 ,800 Deposit of $5 ,200 Deposit of $1,800 Deposit of $1,900 Deposit of $289 Deposit of $3 10 Deposit of $2, 163 Deposit of $2,370 Deposit of $7,209 Deposit of $7,920 Deposit of $2,883 Deposit of $3 ,170 Deposit of $7,209 Deposit of $7,920 334 $ 360 144 $ 158 2 X Permit Fee 2 X Permit Cost Master Fee and Charges Schedule Public Works 267 Public Works -User Fees Fee Activity No. Description PW -24 Street Vaca ti on : Fu ll vaca tion Summary vacation PW-25 Street Lig hting Pla n Check -Per Sheet PW-26 S urv ey Fee (per poi nt) PW-27 T raffi c Co ntrol Plan Ch eck -Pe r sheet PW-28 Traffi c Signal Plan Check - Per sheet PW-29 Traffic S ig ns & Stri ping Pla n C heck - Pe r Sheet PW-30 Obstruction/Storage Bin Permi t (good for 7 days) PW-31 Ill ega l Refuse Bin Impou nd PW-32 Ill egal Sto ra ge Bin PW-33 R ecycling Bin Permit (a nnual) PW-34 Residential Parking Permi t PW-35 Residential Parking Pe rmit Re placement PW-36 Residential Parking Pe rm it (each add ition al ) PW-37 T empora ry Restricted Parking Perm its (Construction)• plu s cost of sig ns ($ .75 pe r sig n) PW-38 T emporary Parking in Per mit Distri cts (fee is pe r sig n) PW-39 T emporary Constructi on Parkin g P ermit (u se on street sweeping day) PW-40 Residential Street Tree Request (2 4" box) (Re v iew & In stalla tion), plu s cost o f tree PW-41 Street Tree Non-Permitted Removal (Eva lu ation & determina tion of tree cost; billing resident for tree re pl acement & installation), plu s $50/cal iper PW-42 T rans po rtatio n Pe rm its: W ide/Overweight/Load in g : (set by state ) +RFee aay Ji eF mil +effiJl9 F0 FY PeFmil AA Att al P eFffi il Single Permit Ann ual Penm it NPDES/STORMWATER PW-43 Commercial H igh Pri ority sites (BMPs)-Annua l Inspecti o n PW-44 Commercial Medium PW-45 Commercial Low PW-46 In dustrial Hig h P riority PW-47 In dustrial Med ium 24 [2,3] [2 ,3] [12] $ [1 2] $ [1 2] $ [1 2] $ [12] $ [7 , 12] $ $ $ [7] $ $ $ $ [1 2] [1 2] $ [1 2] $ [5, 12] $ [1 2] $ [10] $ [1 0] $ [12] $ [12] $ [12] $ [12] $ [1 2] $ Adopted Fee Proposed Fee Deposit of $4,700 Deposi t of $5,100 Deposit of $3,000 Deposit of $3 ,300 865 $ 950 72 $ 78 433 $ 470 1,874 $ 2 ,060 1,009 $ 1,110 72 $ 78 144 $ 158 216 $ 237 181 $ 198 29 $ 29 12 $ 12 12 $ 12 $30 plus $ . 75 per $36 plus $ 1 per sign sig n 1 $ 1 36 $ 36 378 $ 410 909 $ 990 16 $ 16 90 $ 90 144 $ 158 144 $ 158 144 $ 158 408 $ 448 144 $ 158 Ma ster Fee and Ch arges Sch ed ul e Publ ic W o rk s 268 Public Works -User Fees Fee Activity No. Description PW-48 Industrial Low PW-49 Construction High Priority PW-50 Construction Medium PW-51 Construction Low PW-52 Commercial -Industrial Reinspection PW-53 Stormwater Permit Maintenance Inspection Fee FATS, OILS & GREASES (FOG)* PW-54 Food Service Establishment with Grease Control Devise (billed monthly); covers 1 insp/yr -see below PW-55 Food Service Establishment without Grease Control Dev ise (billed monthly; covers 2 insp/yr) -see below PW-56 Food Service Establishment -Re-Inspection WATER PW-57 Delinquent Bill Water Tag PW-58 Delinquent Bi ll Water Shut-off PW-59 Same Day Turn-On Service (Regular Hours) PW-59.1 Same Day Reconnection Service (Regular Hours) PW-59.2 Same Day Reconnection Service (Regular Hours) -Low Income PW-o0 Same Day Turn-On Service (After Hours)-2 Hour Minimum* PW-o0.1 Same Day Reconnection Service (After Hours) - 2 Hour Minimum PW-o0.2 Same Day Reconnection Service (After Hours) -2 Hour Minimum -Low Income PW-o1 Construction Water Meter Deposit PW-o2 Temp Meter Rental Setting & Removal (each occurrence) PW-64 Turn Off/On/Stand-by (customer requested} per hour MISCELLANEOU S FEES PW-o5 Banner Hanging-Main Street (Tree Dept) PW-06 Pennant Hanging (each) (Signals Dept) PW-o7 Memorial Park Bench PW-08 Damage to City property PW-o9 Emergency cleanup (hazmat, street cleaning) PW-70 Tree/Shrub Overhang Abatement PW-U WeeEI AllateffieAI !13er 13areel), 13ltjs aEIElitieAal eeAlraet easts if a1313lieallle (now handled by Code Enforcement) 25 [12] [12] [12] [12] [12] [12] [9] [9] [CJ [7] [8] [8] [8] f6t Adopted Fee Proposed Fee $ 144 $ 158 $ 205 $ 225 $ 84 $ 92 $ 61 $ 66 $ 144 $ 158 $ 192 $ 210 $ 156 $ 168 Month ly $13/month Monthly $14/month $ 396 $ 432 Monthly $33/month Monthly $36/month $ 84 $ 92 $ 55 $ 55 $ 139 $ 139 $ 85 $ 85 $ 85 $ 85 $ 61 $ 61 $ 301 $ 301 $ 301 $ 301 $ 182 $ 182 $ 849 $ 930 $ 144 $ 158 Actual Cost Actual Cost $ 266 $ 290 $ 75 $ 82 $ 303 $ 330 Actual Cost w/ 2 hour Actual Cost w/ 2 hour min. min . Actual Cost w/ 2 hour Actual Cost w/ 2 hour min. min . Actual Cost w/ 2 hour Actual Cost w/ 2 hour min . min . -.. ~ .... Master Fee and Charges Schedule Public Works 269 Public Works -User Fees Fee Activity No. Description PW-72 Archive Fee (as-builts per sheet ) [1 2) PW-73 Special Studies (Hydrology/Sewer/Other) PW-74 E xcessive Pl an C hecks > 2 ; per Re-Check [3 , 12) PW-75 Re-Inspection (hourly) [8, 12) PW-76 P u bl ic Improvement In spection -After Hours• 4 hour minimum (hou rly) [8, 12) C opies of pl a ns and specification s (Most item s availabl e o n-li ne) [CJ Orange County Sanitatio n D istrict [CJ S ewer Connection Fee (City) [CJ Traffic Impact Fee [CJ W ater Ca pi ta l Facil ities C harge [CJ Electric Vehicle Charg ing Rate HOURLY RATE For services requested o f City staff which have no fee liste d in this fee s chedule , the City M anager or th e C ity M ana ger's designee shall determi ne th e appropri ate fee b ased on the established ho urly rate s for thi s d epartm e nt/div ision . Additi onall y, th e City will pass-t hro ugh to t he applicant any discrete costs incurred fro m the use of e xterna l se rvi ce prov iders if required to process th e specific appl icatio n . Hourly Rate -(w/ a utomation fee) PW-77 Ho urly Rate -Engineerin g (w/out a uto mation fee) [12) WATER SERVICE DE POSIT* PW-78 D eposit -Resi d entia l -M e ter Size 3/4" [11 ) PW-79 D eposit - Resi d ential -M e ter Si ze 1" [11) PW-80 Deposit - Residential -Me ter Si ze 1 1/2" [11) PW-81 Deposit -Resid ential -Meter Size 2" [11 ) PW-82 Deposit - Resi dential -Meter Size 3" [11 ) PW-83 Deposit - Residential -Meter Size 4" [11) PW-84 D eposit - R esi d entia l -M et er Size 6" [11 ) PW-8 5 D eposit - Residential -Meter Size 8" [11) PW-86 D eposit -Re sidential -Meter Si ze 1 O" [1 1) PW-87 Deposit -Fire Service -Meter Size 4" PW-88 Deposit -Fire Service -Meter Size 6" PW-89 Deposit -Fire Service -Meter S ize 8' PW-90 Deposit -Fire Service -Meter Size 1 O" 26 Adopted Fee Proposed Fee $ 144 $ 158 Actual C ost Actual Cost Actual Cost; Actual Cost; Mi nimum De posit Minimum Deposit $636 $700 Actual Cost Actual Cost Actua l Cost; Actua l Cost; Mi nimum D eposit Minimum D eposit $51 3 $5 6 5 $ .10 per copy per $ .10 per cop y per PRA or A ctu a l Cost PRA or A ctual Cost $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $0 .29/kW h $0 .35/kWh 152 $ 166 144 $ 158 75 $ 75 100 $ 100 125 $ 125 175 $ 175 225 $ 225 400 $ 400 800 $ 800 1,150 $ 1,150 1,600 $ 1,600 80 $ 80 120 $ 120 160 $ 160 200 $ 200 Maste r Fe e and Cha rg es Sch ed ule Public Wo r k s 270 No. Notes [CJ [2) [3) [4) [5) [6] [7] [8) [9) [10) [11) [12) * I Public Works -User Fees Fee Activity Description Included for the purpose of consolidation into the new Master Fee & Charges Schedule Fee is currently a deposit, with actual costs using FBHR Fee recommended is deposit with actual costs using FBHR Penalty; not included in cost analysis Time estimates represents upgrade from standard 15 gallon to 24 inch box Fee plus additional costs if applicable Revised fee structure Actual Costs; using Fully Burdened Hourly Rates (FBHR) Adopted Fee Proposed Fee I To qualify for the low income rate, household income must be below 200% of the federal poverty level or meet requirements as specified in CA Health and Safety Code section 116914. The Chief Financial Officer shall annually increase the Low Income Reconnection Fees by the CPI beginning June 1, 2021, and every June 1 thereafter. The base index of the CPI adjustment shall be defined as the All Urban Consumers (CPI-U) for the Los Angeles- Long Beach-Anaheim area (1982-84=100) as published by the United States Bureau of Labor Statistics ("Bureau") as such index stands on January 1, 2020, and the "current index" shall be the index for the month of January immediately preceding the June 1, 2021 adj ustment date, and every June 1 adjustment date thereafter, provided that in no event shall the Low Income Reconnection Fees exceed the non-Low Income Reconnection Fees.The City shall post the new CPI-U adjusted Fees on the City website and in the City Policy on discontinuation of residentia l water service . Fee set by California Vehicle Code section 35795 Multi units: Add $10.00 for each unit over 1 Includes automation fee Current deposits historically assessed to new customers. There are no recommended changes to the deposit amount. This resolution w ill formalize the deposit amounts assessed. The City may waive or refund deposits for creditworthy customers as outlined in Administrative Regulation 311 . 27 Master Fee and Charges Schedule Public Work s 271 CITY OF HUNTINGTON BEACH Public Works Fee Schedule July 1, 2022 Update User Fees Effective 6/16/09 ; resolution# 2009-31 Development Fees effective 1/6/17 Orange County Sanitation District (OCSD) Capital Facilities Capacity Charge (CFCC) FY 2024 -2025 Use Category Rate Basis Base Charge Commercial -Industrial Per 1,000 square feet 1 Low Demand 2 Per 1,000 square feet $336 Average Demand 4 Per 1,000 square feet $2 ,088 High Demand 3 Per 1,000 square feet $4 ,962 Sinale Family Residential (SFR)5 Per Each 5+ bedrooms $7,430 4 Bedrooms $6 ,362 3 Bedrooms $5 ,346 2 Bedrooms $4 ,331 1 Bedrooms $3,314 Multi -Familv residential (MFR)6 Per Unit 4 + Bedrooms Per Unit $5 ,774 3 Bedrooms Per Unit $4 ,758 2 Bedrooms Per Unit $3,743 1 Bedrooms Per Unit $2,672 Studio Per Unit $1 ,710 Bedroom Additions 2nd bedroom addition Per each $1,017 3rd bedroom addition Per each $1 ,015 4th bedroom addition Pereach $1,016 15 th bedroom addition Per each $1,068 15th bedroom addition No additional charge No additional charge 'Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be $5 ,346 2 Low Demand connections are the following categories of users : Nurseries ; Warehouses; Churches ; Truck Terminals; RV Parks , RV Storage Yards , Lumber/Construction Yards , Public Storage Buildings ; and other facilities with restrooms, offices , lobbies and/or areas whose flows are similar in volume to these listed categories . 3 High Demand connections are the following categories of users : Food /Beverage Service Establishments; Supermarkets (with bakery, meat counter, and /or food service); Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more Food/Beverage Service Establishments; Food Courts ; Food Processing Facilities ; Textile Manufacturers; Breweries ; and other facilities whose wastewater discharge is similar to these listed categories . 4 AII other connections are Average demand users including : Church Offices and Schools; Hotels , Shopping Centers/Strip Malls without food /beverage service establishments , Music Halls without food facilities , Office buildings , Senior Housing with individual living units without kitchens but with a common kitchen. 5 Residential Accessory Structures such as workshops and hobby shops that connect to the sewer, will be charged at the average demand rate and the minimum charge does not apply . 6 Bedroom additions are considered a change of use and a CFCC must be paid . Enclosed loft additions, bonus rooms , offices , workout rooms , media rooms , libraries and any other enclosed addition which could potentially be used as a bedroom are included in this category. The classification of these additions will be reviewed and determined by staff. 7 MFR units consist of multiple attached units that are not sold individually and receive one secured property tax bill such as apartments. Multiple attached units that are not sold individually and are senior housing with individual living units that include a kitchen are considered MFR units. 8 Studio -one single room with no separating doors or openings leading to another part of the room (except for a bathroom). Live/Work units will be charged at the residential rate for the living quarters and at the nonresidential rate for the work portion square footage . *Refunds are only available for permits canceled within 12 months of payment date. 28 Master Fee and Charges Schedule PW-OCSD 272 CITY OF HUNTINGTON BEACH Public Works Fee Schedule CITY SEWER CONNECTION FEES Effective October 1, 2017 Resolution 2003-52, 2012-23, Ordinance#3613-9/03 Single Fam ily Dwelling Unit $2,317 Multi ple Family DwellinQ Unit $1 ,895 Non-Residential (based on water meter size relationship to Equivalent Dwelling Unit, EDU ) Meter Size & Type EDU's 3/4 " 1 1" 2 1 ½" 3 2" 5 3" 11 4 " Compound 17 4 " Domestic & Turbine 33 6 " Compound 33 6 " Domestic & Turbine 67 8" Domestic 117 1 O" Domestic 183 WATER CAPITAL FACILIITES CHARGE Residential Develooment Meter size & t~~e EDUs 3/4" 1" 1 1/2" 2" 3" 4" Compound 4" Domestic & Fire Service 6" Compound 6" FM 8" FM 10" FM Non-residential Develooment Parcels less than 10,000 sq ft Parcels 10,000 sq ft or greater 29 1 2 3 5 11 17 33 33 67 117 183 Charge $2 ,633 $5 ,267 $7 ,901 $13,170 $28 ,974 $44 ,776 $86 ,919 $86,919 $176,469 $308 ,163 $479,241 Effective October 1, 2011 Charge $2 ,700 $5,398 $8,099 $13,497 $29,693 $45 ,888 $89,077 $89 ,077 $180 ,853 $315 ,818 $493 ,972 $60 per usable unit $300 per acre or fraction thereof or $60 per usable unit whichever is greater Master Fee and Charges Schedule PW -Water & Sewer 273 Police -User Fees No. Fee Description PD-1 Noise di stu rbance res ponse/proce ssi ng ( in addition to a f in e/penalty) PD-2 Clearan ce lette r Subpoena Fee PD-3 Response to subpoena -Ho urly PD-4 Response to subpoena - Records PD-5 Response to sub poena - Civil -{Depos it per day; actua l costs} PD-6 Vehicle equipme nt correcti on in spection/ Cite Sio n Off {sworn } D igital reproduction {CD-ROM) PD -7 Coov of Exis tino Data File PD -8 Copy of Non-E xis tino Data File Records PD-60 Coov of Photooraohs PD-61 911 Tape Duplication PD-62 Bodv-Wom Camera Duolication PD-63 Police Repart Copies PD-9 Vehicle re lease PD-10 Alarm permi t appli ca t ion re v iew/renewal (non swo rn ) PD-10.1 Alarm permi t ap pli ca t ion re vi ew/renewal (non sworn ) - Senio r Rate False Alarm Fee (with Permit\ PD -11 1st and 2nd fa lse alarm (12 month peri od } PD-11 .1 1st fals e alarm in 12-month period (wai ved w /online alarm school) PD-11 .2 2n d false a larm in 12-month period PD-12 3rd fa ls e al arm PD -13 4th false alarm PD-14 5th fa lse alarm PD-15 6th fa lse al arm PD-16 7th false alarm PD -17 8th fal se ala rm in 12-month period {p lus non-respo nse status} False Alarm Fee /without Permit\ PD-17 .1 1st fa ls e alarm (wa ived w/permit appli ca ti on withi n 10 days) PD-17 .2 2n d false alarm PD-17 .3 3rd fals e al arm PD-17 .4 4th false alarm {p lu s non-respo nse statu s} PD-18 Response PD-19 Reco rd s Check (no n sworn) PD -20 Boot Removal (n on sworn) PD-21 Vehi cle Repossession Recei pt (non sworn ) PD-47 Mass ag e Esta blishm ent Re gistration C ertificate (ERC ) -Rev ocati on Appe al PD-48 Tow tru ck esta bli shment -initial (swo rn) PD-49 T ow tru ck establishment - renewal (sworn) PD-50 T ow tru ck establishment -change of location (sworn ) PD-51 T ow t ru ck driver -initial (swo rn ) PD-52 T ow t ru ck drive r -renew al (sworn } PD-53 Jail Processing/Boo king Fee PD-54 City Jail Fee per In mate per da y {Pay to Stay) PD-55 O ne Ti me Admi n fee fo r cost of acco unt se t up of a n appl ic an t PD-56 Ren tino a G PS Inm ate Trac kino Device per 24-ho ur period PD-57 Bicycle Impound Drug/DUI/Hazmat/Other Incident Response PD-58 * DUI -$12,000 Maximu m per Sta te law 30 $ $ [3] $ [3] $ [4] $ [4 ] $ $ $ $ $ $ [9] $ [4] $ [4] $ [4] $ [4] $ [4] $ [4] $ [4] $ [4] $ [4] $ $ $ $ $ [2] $ $ $ [6] $ $ [7] $ $ $ $ $ [1] $ [4] $ $ [4] $ 1[81, $ Adopted Fee Proposed Fee 40 1 $ 401 36 $ 36 15 $ 15 24 $ 24 15 $ 15 275 $ 275 20 $ 20 12 $ 12 26 $ 26 $ 25 $ 25 $ 25 $ 5 183 $ 183 4 1 $ 4 1 21 $ 2 1 -$ - 25 $ 25 50 $ 50 75 $ 75 100 $ 100 150 $ 150 300 $ 300 400 $ 400 50 0 $ 500 250 $ 25 0 25 0 $ 250 500 $ 500 1,000 $ 1,000 -$ - 26 $ 26 12 1 $ 12 1 15 $ 15 2,203 $ 2,203 44 1 $ 44 1 110 $ 110 220 $ 220 220 $ 22 0 220 $ 22 0 275 $ 275 100 $ 100 50 $ 50 10 $ 10 20 $ 20 A ctua l Cost A ct ua l Cost Ma ster Fe e and Ch arges Schedule Police 274 No. PD-59 Notes [1] [2] [3] [4] [6] [7] [8] [9] Police -User Fees Fee Description Hourly Rates Sworn Non-Sworn Jail For services requested of City staff which have no fee listed in this fee schedu le, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this departmenUdivision . Additionally , the City will pass-through to the applicant any discrete costs incurred from the use of externa l serv ice providers if required to process the specific application. City does not collect on all booking fees . For Information Purposes on ly; not included in cost analysis CA Govt. Code 68097; CA Evidence Code 1563 Placeholder for Master Fee Schedule (MFS); Not included in cost analysis Set by state No volume -5 yr cycle CA Govt. Code 53150-35159 Senior discounted rate -applicant must be 62 years or older and have a combined annual adjusted gross income of all members of the household that does not exceed the HU D Income Guidelines for "Very Low Income Category" 31 $ $ $ Adopted Fee Proposed Fee 220 $ 220 109 $ 109 142 $ 142 Master Fee and Charges Schedule Police 275 Fire -User Fees & Charges No. Description Fire Department -Development Fees Underground/Aboveground Storage Tanks F-1 Underground Tank & piping Installation Plan Check (One Tank) F-2 Underground Tank & piping Installation Inspection (One Tank) F-3 Underground Tank Install Plan Check each additional tank F-4 Underground Tank Install Inspection each additional tank F-5 Underground Tank Removal Plan Check (One Tank) F-6 Underground Tank Removal In spection (One Tank) F-7 Underground Tank Removal Plan Check each additional tank F-8 Underground Tank Removal Inspection each additional tank F-9 Flammable I Combustible Liquid new piping or re-pipe Plan Check F-10 Flammable/ Combustible Liquid new piping or re-pipe Inspection F-11 Aboveground -Storage Tank Installation Plan Check (Per Tank) F-12 Aboveground -Storage Tank Installation Inspection (Per Tank) F-13 Aboveground -Storage Tank Removal Plan Check F-14 Aboveground -Storage Tank Removal Inspection F-15 Aboveground -Storage Tank Removal Plan Check -Each additiona l tank F-16 Aboveground -Storage Tank Removal In spection -Each additional tank Methane Barrier and Venting System Methane Protection System Plan Check: F-17 1-2 ,500 sq feet F-18 Each additional sq ft > 2 ,500 sq ft F-19 Plan Recheck (hourly) Methane Protection System Inspection (includes two rise rs): F-20 O -2 ,500 sq feet F-21 Each additiona l sq ft > 2 ,500 sq ft F-22 Additional risers F-23 Each additional floor over three stories Methane Protection Svstem F-24 Methane Protection System Repair Inspection - 1 -100 sq. ft. F-25 Methane Protection System Repair lnsp -each additiona l sq. ft. over 100 sq . ft . F-26 Methane Pla n Check repair 32 [7 ,15,18] Adopted Fee Proposed Fee $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 391 $ 395 488 $ 493 97 $ 98 391 $ 395 195 $ 197 975 $ 985 49 $ 50 195 $ 197 292 $ 295 391 $ 395 585 $ 591 391 $ 395 97 $ 98 292 $ 295 49 $ 50 195 $ 197 292 $ 295 0 .05 $ 0 .05 195 $ 197 975 $ 985 0.15 $ 0 .15 49 $ 50 49 $ 50 292 $ 295 1 $ 1 195 $ 197 Master Fee and Charges Schedule Fire 276 Fire -User Fees & Charges No. Description Project Review and Oversight for Compliance with City Specification 429 (Methane Mitigation) or 431-92 (Soil remediation) F-27 Single Family Residence / Multifam ily Residential up to 5 units F-28 All Other Residentia l, Commercial and Industrial Water Based Fire Protection Systems F-29 Fire Sprinkler Single family base (up to 30 heads) Plan Check F-30 Fire Sprinkler Single family base (up to 30 heads) Inspection F-31 Fire Sprinkler Multi Family Residences (up to 120 heads) Plan Check F-32 Fire Sprinkler Multi Family Residences (up to 120 heads) Inspection F-33 Fire Sprinkler Commercial/Industrial base (up to 50 heads) Plan Check F-34 Fire Sprinkler Commercial/Industrial base (up to 50 heads) Inspection F-35 Fire Sprinkler Tenant Improvement (up to 10 heads) Plan Check F-36 Fire Sprinkler Tenant Improvement (up to 10 heads) Inspection F-37 Fire Sprinkler, Per Additional Head -All Types of Buildings (plan check) F-38 Fire Sprinkler, Per Addit io nal Head -All Types of Buildings (Inspection) F-39 Standpipe System Plan Check (Per Vertica l Standpipe) F-40 Standpipe System Inspection (Per Vert ica l Standpipe) F-41 Fire Sprinkler, Per Additional Head Plan Check (head replacement only , no modification to oio ina) F-42 Fire Sprinkler, Per Addit ional Head Inspection (head replacement only , no modification to oioina) F-43 Fire Protection Underground System Plan Check (includes 1 riser or hydrant) F-44 Fire Protection Underground System Inspection (includes 1 riser or hydrant ) F-45 Fire Protection Underground , Per Additional Sprink ler Riser or Hydrant Plan Check F-46 Fire Protection Underground , Per Additional Sprinkler Riser or Hydrant Inspection F-47 Fire Pump Plan Check F-48 Fire Pump Inspection Fire Alarm or Methane Detection: F-49 Up to 25 devices -Plan Check F-50 Up to 25 devices -Inspection F-51 Tenant Improvement (up to 5 devices) Plan Check F-52 Tenan t Improvement (up to 5 devices ) Inspection F-53 Per add itional Device (new or Tl) plan check F-54 Per add itional Device (new or T l) inspect ion 33 [1 3] [13] Adopted Fee Proposed Fee $390 Deposit ; Actua l Cost Plus Actual Cost Other Fees (F - $977 Deposit; Actual Cost Plus Actual Cost Other Fees (F - $ 488 $ 493 $ 585 $ 591 $ 780 $ 790 $ 1,171 $ 1,183 $ 780 $ 789 $ 975 $ 985 $ 195 $ 197 $ 292 $ 295 $ 2 .00 $ 2.02 $ 4 .00 $ 4 .04 $ 391 $ 395 $ 780 $ 788 $ 1.21 $ 1.22 $ 1.88 $ 1.90 $ 585 $ 59 1 $ 780 $ 788 $ 391 $ 395 $ 391 $ 395 $ 780 $ 788 $ 1,17 1 $ 1,183 $ 488 $ 493 $ 488 $ 493 $ 189 $ 191 $ 283 $ 286 $ 4 .00 $ 4 .05 $ 7.00 $ 7.10 Master Fee and Charges Schedule Fire 277 Fire -User Fees & Charges No. Description Alternative Automatic Extinauishina Systems: F-55 Dry or Wet Chemical , CO2, Halon, Clean Agent, and Other Plan Check F-56 Dry or Wet Chemical , CO2, Halon , Clean Agent , and Other Inspection Other Fire Construction Permits : F-57 Industrial Oven Plan Check F-58 Industrial Oven Inspection F-59 LPG , Cryoge ni cs , Compressed Gas, Med ical Gas, Battery Storage Systems, & o ther Fire Constru ction Permit Plan Check F-60 LPG , Cryogenics , Compressed Gas , Med ical Gas , Battery Storage Systems , & other Fi re Construction Permit Inspection F-61 Emergency Responde r Rad io Coverage Plan Review & Coord ination F-62 Emergency Respond er Radio Coverage Inspection & Coordination F-63 Public School Access & Water Supply Plan Check New Street Name or Name Change Review: F-64 Pe r street name New Co nstruction/ Rem odel: Valuati o n Based Fire Ins pection Fees /Aoolicable to Buildina Permit): F-65 $1 to $500 F-66 $501 to $2,000; 1st $500 F-67 $501 to $2 ,000 ; each additional $100 or fraction thereof F-68 $2 ,001 to $25 ,000; 1st $2 ,000 F-69 $2 ,001 to $25 ,000; each additional $1 ,000 o r fraction thereof F-70 $25,001 to $50 ,000 ; 1st $25 ,000 F-71 $25 ,001 to $50 ,000 ; each additional $1,000 or fraction thereof F-72 $50 ,001 to $100 ,000; 1st $50 ,000 F-73 $50 ,001 to $100 ,000; each additional $1,000 or fraction thereof F-74 $100 ,001 to $500 ,000 ; 1st $100 ,000 F-75 $100,001 to $500 ,000; each additional $1 ,000 or fraction thereof F-76 $500,001 to $1 ,000 ,000 ; 1st $500 ,000 F-77 $500 ,00 1 to $1,000 ,000 ; each additional $1,000 or fraction thereof F-78 $1,000 ,000 and up; 1st $1 ,000,000 F-79 $1,000,000 and up; each additional $1,000 or fraction thereof 34 Adopted Fee Proposed Fee $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 391 $ 395 391 $ 395 195 $ 197 391 $ 395 391 $ 395 488 $ 493 585 $ 59 1 780 $ 788 39 1 $ 395 195 $ 197 109.1 7 $ 110.26 109.17 $ 110.26 2 .43 $ 2.45 194.08 $ 196.02 4 .85 $ 4 .90 206.22 $ 208 .28 2.43 $ 2.45 266.87 $ 269.54 1.18 $ 1.19 326 .30 $ 329.56 0.78 $ 0 .79 638.05 $ 644.43 0 .78 $ 0 .79 1,027.44 $ 1,037 .7 1 0.73 $ 0 .74 Master Fee and Charge s Sch edule Fi re 278 Fire -User Fees & Charges No . Description New Valuation Based Fire Plan Review Fees /Aoolicable to Building Permit): F-80 $1 to $500 F-81 $501 to $2,000 ; 1st $500 F-82 $501 to $2,000; each additional $100 of fraction thereof F-83 $2,001 to $25,000; 1st $2 ,000 F-84 $2,001 to $25 ,000; each additional $1 ,000 or fraction thereof F-85 $25 ,001 to $50,000 ; 1st $25 ,000 F-86 $25 ,001 to $50,000; each additional $1 ,000 or fraction thereof F-87 $50 ,001 to $100,000; 1st $50,000 F-88 $50 ,001 to $100,000; each add itional $1 ,000 or fraction thereof F-89 $100 ,001 to $500 ,000 ; 1st $100 ,000 F-90 $100 ,001 to $500 ,000; each additional $1 ,000 or fraction thereof F-91 $500,001 to $1,000,000; 1st $500,000 F-92 $500 ,001 to $1 ,000,000; each additional $1 ,000 or fraction thereof F-93 $1 ,000 ,000 and up; 1st $1 ,000 ,000 F-94 $1,000 ,000 and up ; each additional $1 ,000 or fraction thereof F-95 Plan Review Fee Exception (Standard Production Units after model unit has been reviewed are charoed at % of Fire Plan Review fee for first model unit. Chanoes are to F-96 Alternative Materials and Methods of Construction -Application Fee -Minimum 2-hour review deposit required F-96.1 Alternati ve Materials and Methods of Construction -Plan Review Fee (remaining fee) The Following Notes Apply to All Fire Construction Permits: For plan and permit scanning costs , see "Document Production , Processing & Retrieval" (F-128 and F-129) Technology automation fees applies to all development permit/plan check/inspection (F -135) Fo r plan review and in spection hourly charges , see "Emergency Response Charges" (F - 252) NEW OPERATIONAi. PERMIT (per permit) F-97 Plan Check/Application Code Review F-98 Inspection 35 Adopted Fee Proposed Fee $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 72 .78 $ 73.51 72.78 $ 73 .51 2 .43 $ 2.45 145.56 $ 147.02 3.86 $ 3 .90 183.17 $ 185.00 2 .50 $ 2 .53 246 .25 $ 248.71 1.25 $ 1.26 308.11 $ 311 .19 0.63 $ 0.64 559.21 $ 564 .80 0 .62 $ 0.63 872.17 $ 881 .89 0 .36 $ 0.36 26% of Plan 27 % of Plan Review Fee Review Fee Actual Cost F-252 at 2-hour (FBHR) Minimum Actual Cost Less Application Fee 195 $ 197 97 $ 98 Maste r Fee and Charge s Sch edule Fire 279 Fire -User Fees & Charges No. Description FIRE/LIFE SAFETY INSP ECTION [26] F-99 Self-Inspection Report -Third Party Processing Fee F-100 Up to 2 ,000 sq. ft. F-101 2 ,001 -10 ,000 sq . ft . F-102 Over 10 ,000 sq. ft . F-105 Repeat Inspection Attempts Violation -Minimum half an hour required ~ AelelilieRal feF Ne•,••• Gss1a1Ja1aRsy,l+eRaRI IRSJa!eSlieR f4+;26½ PETROCHEM INS PECTI O NS [26] F-107 Oil /Gas/Injection Well Abandonment Plan Check F-108 Oil /Gas/Injection Well Abandonment Inspection F-109 Oil /Gas/Injection Well Vent Inspection -per well F-110 Oil /Gas/Injection Well Activation Plan Check/Pe rmit F-111 Oil /Gas/Inject ion Well Activation Plan Check/Permit -per additiona l well F-112 Oil/Gas/Injection Well Activation Inspection F-113 Oil/Gas/Injection Well Activation Inspection -per additional well F-114 Oil Well Gas Monitoring Inspection F-115 Existing Oil/Gas/Injection Well -Minimum half an hour required ~ E:IEiSliR!J Gil/GasllRjeslieR Well IRSJa!eSlieR Ja!8F aelelilieRal well F-44+ Gil Well Re iRs,ieslieR ,ieFwell STATE MANDATED INSPECTIONS F-118 Convalescent/ Care Facility Inspections F-119 Hospita ls/ Medical Facility Inspections F-12 0 Private School Inspections High Rise Inspections F-121 7 stories (base fees) F-122 Per floo r above 7 stories Hote l, Motel & Mu ltifamily Inspections (26] F-123 Up to 3 Units (base fee) F-124 per additional unit over 3 units F-125 Large Family Day Care Inspections 36 Adopted Fee Proposed Fee $ $ $ $ ., T $ $ $ $ $ $ $ $ $ ., T .. $ $ $ 16 $24.95 or Actual Cost 116 $ 117 301 $ 304 430 $ 433 Actual Cost, but subject to 50% of F-252 Minimum .. ., ., < A"7 T 585 $ 591 585 $ 591 585 $ 591 292 $ 295 97 $ 98 195 $ 197 97 $ 98 195 $ 197 292 Actual Cost, but subject to 50% of F-252 Minimum An ., An T ··~ .. ··~ Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actua l Cost Actual Cost 38 $ 39 1.61 $ 1.63 351 $ 355 Master Fee and Charges Schedule Fire 280 Fire -User Fees & Charges No. Description F-126 Fire Clearance Pre-Inspection for State License -Minimum .5 hour FiFe GleaFaRse PFe IRs13estieR feF Stale biseRse F-426 1 18 25 13eFS8RS (Fee Set by State} F-4,21 26 8F FR8Fe 13eFS8RS (Fee Set hy State) 37 Adopted Fee Proposed Fee $50 or Current Actual Cost or State Fee 50 % of F-252 Minimum $5G 8F 61:1FfeRI $5G 8F 61:1FfeRI Slate Fee Slate Fee $1GG 8F 61:1FFeRI $1GG 8F 61:1FfeRI Slate Fee Stale Fee Master Fee and Charge s Schedule Fire 281 Fire -User Fees & Charges No. Description DOCUM ENT PROD UCTIO N, PROCES SING & RETRIEVAL F-128 Record Retention Fee -Each sheet of permitted drawings F-129 Record Retention fee -Each Issued permit F-130 Refund Processing Fee F-131 Reactivate permit for projects expired LESS than 6 months (plus penalty} F-132 Penalty F-133 Reactivate permit for projects expired GREATER than 6 months (plus penalty) F-134 Pena lty F-135 Technology Automation Fee SPECIAL SERVICES FEES & CO ND ITI ONS /See Conditions 1-4 below\ F-136 Inspection Outside of Normal Work Hours -Hourly Rate F-137 Inspection During Normal Work Hours -Hourly Rate F-138 Plan Review Outside Normal Work Hours -Hourly Rate F-139 Plan Review During Normal Work Hours -Hourly Rate J:440 IRYesligalieR Gl'laFge (weFI~ wilRBIJI a 19eFFRil) F-141 Administrative Processing for Consu ltant Work Fire -Marine Safetv -User Fees JUNIOR LIFEGUARD PROG RAM FEES F-142 Resident Fees Charged F-143 Non-Resident Fees Charged F-143.3 Sand Crab (resident and non-resident) Centra l Net Trainina Center-User Fees ASSEMBLY-CLASSROOM #1/ 50-1 00 F-144 Safety Rate .... per hour . ~ 1-tn.o, --Id-,4 "I ,..,..,.. ,,.,.. ,..,..,..~ ' -·-, ... ·-, ·--... -' ·-- ~ l "'1,nQ/ -, .. ,..,~ '"'" ,,.,,,.. ·-·-,_, ~ l ""llnOI --Jtt-An nnn r-,,1 . ·--·-·- F-148 Commercial -per hour CLASSROOM #2 / 18-35 F-149 Safety Rate .... per hour . ,-,_, J:460 1 .. no1 ,... -,,-,,.., nnn ,-,..,, nnn, ·- ' -·-,. ·-, ' F-4M 11'\nOt --,,,.,..,~ nnn ,,.,.,.. " ·-.--- F4G ,,,_.. --, .. ,,.. _, --·-·---.... -, ·- F-153 Commercial -per hour CLASSROOM #4 / 42 F-154 Safety Rate , .. ,.. :« ,:::::::::• per hour F-466 Ano , --/tJ>,tr\ nnn a-..,,. nnn, ·-l..,,.._,.,. F-466 '""0 --,.., L F461 1.-,.no --,., ,n _, ·-... -·-·-·-.... -, ·- F-158 Commercial -per hour 38 [1.3.4] [1,2] [1,3,4] [1,2] let 111] Adopted Fee Proposed Fee $ 4.04 $ 4.10 $ 1.04 $ 1.05 $ 80 $ 81 $ 53 $ 54 50% of new 51 %ofnew inspection fee inspection fee $ 53 $ 54 100% of new 101 % of new insoection fee inspection fee 6% 7% $195/Hr, 2 Hour 1.5 times F-252 Minimum at 2-Hour $ 195 $ 197 $195/Hr, 2 Hour 1.5 times F-252 Minimum at 2-Hour $ 195 $ 197 2X FleFFRil Fee 2X FleFFRil Fee $ 97 $ 98 $ 654 $ 654 $ 681 $ 681 $ 240 $ 240 $ 50 $ 80 $ 46 $ 46 $ 4g $ 4g $ a0 $ a5 $ 55 $ 88 $ 35 $ 45 $ ag $ ag $ 25 $ 25 $ 2G $ 2G $ 35 $ 50 $ 40 $ 60 $ a0 $ a0 $ ag $ ag $ 26 $ 26 $ 45 $ 67 Master Fee and Charges Schedule Fire 282 Fire -User Fees & Charges No. Description CLASSROOM #5 / 22 F-159 Safety Rate ::-:• • ,-per hour ~ 1 .. ,..0, -.., /tJ,i,tt") ............ ,. .... ,.. ... , ... ' -,. ···-, ' F-464 2Q% Red11sed Rate ($26,QQQ $39,999) per l=le11r ~ 1 ... no --, ... ,, -· ., L .. ·-,., F-163 Commercial -per hour EXECUTIVE BOARDROOM / 12 F-164 Safety Rate ($Q $11 ,999) per hour ~ 1-1no1 -... , ... ,,, .. ,,,. "' . --,. ,v ···-, F-466 --" L ---- ~ l nnn " .., ,,,,. ................... , ' . --,. .. ,., F-168 Commercial -per hour DRILL GROUNDS & TOWER F-169 Safety Rate ··-... •, per hour F-470 .. ,..o, -.., , .................... ct-t"JA nnn \ "" -,. ···-· F-t-7-1-"" -... ,c """ """' -- '" ' .--- F-4-72 "" --,. --· ., L --- '" ·---, ·-· F-173 Commercial -per hour TOWER & BURN ROOMS F-174 Safety Rate •• : • • ' ,. per hour F-476 " , -,,,,.,,.. "'"' .. ---''··" . -- F-476 0' -... ,,,, ·----.. ,,.. ' --' ~ ~ .. ,..o , -.., ,;,, • ... nnn d'l"\A nnn\ , .... -,. ···-· ,_., F-4-73 -... --, ,.,,,,, """' . '" ' ' ,_ F-4-19 '>no .., -,,..,...,. nnn tf>">n ,.,..,.., '··" '" ' ' ~-,_., F430 "11"\0/ --•-•-r ..,,.__, . '" F-43-1---o, r"I-...I. -.. --· . z . -" -• ---..... -,---·· F-482 r . ,,, , .. ,,., ·--- F-183 Commercial-per ~ hour DRILL GROUNDS F-184 Safety Rate .... per hour ' F-4ii "'01 --,,._ ,,.. ,..,..,.. d''\A -. ,. ,_, ' ~- F-4ii '"'""' --,_ ~ il'l'"'ln nr.n\ ------ ~ 0 1 -.J . -·-----.... ,. --..... -,-- F-188 Commercial -per hour TOWER (NO BURNING) F-189 Safety Rate •• : .. ,---per hour F490 ... 1"111"\nnd''lA ·-• V . ·-· F-1&4 0' -... -.. ,,,,, ,\ ----- F482 1 ...... 0 , -.., ,1to_.,..,..,..,.. n,. , ·- F-193 Commercial -per hour DRAFTING / TEST PIT F-194 Safety Rate ($Q $11 ,999) per hour F4% -.J. -'" .. ,,. ----, ... ·-,---' F4% l'lf'\0/ --,.,,c """ .. ..,,, """' . ·-,--,v --, ~- F-4W '"'" -,-.. -... ,..,. ..... ,--·-·-,., ,_, F-198 Commercial -per hour FLASHOVER T RAINI NG F-199 Safety Rate .... per burn session ·--' ·- F-200 l •no, ..,_ -,,,,. .... nnn a,,.,A ,..,..,., V <Y ·-·-, F-204 11'\f\OI --·-""" """' L .,_ F-202 -J . -.. --· L --, .. ,. l ... ,_, _ _._. -- F-203 Commercial -per burn session ENTIRE FACILITY (Private, may include one burn day) F-204 Safety Rate :::: : • •, :::::: full day F-206 ,. no , --,,,, , ..,.,,.,. nnn\ & •• 11 -- F-20i '""0 --·-.. ,,,,, " '--" ' ' ,, ~ '"'"0 --,.,,.. nnn n1.,_, & •• 11 ·--,v F-208 Commercial -full day 39 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Adopted Fee Proposed Fee 25 $ 35 2Q $ 2Q 17 $ 17 16 $ 16 25 $ 39 75 $ 75 7g $ 7g 6G $ 6Q 6G $ 6G 90 $ 90 75 $ 150 7g $ 7g 6G $ 6Q 6G $ 6Q 90 $ 167 475 $ 150 7gg $ 7gg 426 $ 426 63G $ sag 37g $ 37g 676 $ 676 326 $ 326 6QQ $ 6QQ 66G $ 66Q 835 $ 167 55 $ 75 6G $ 6G 46 $ 46 3G $ 3g 65 $ 83 55 $ 75 6Q $ 6G 46 $ 46 ag $ ag 65 $ 83 20 $ 30 18 $ 18 16 $ 16 1 4 $ 14 25 $ 33 475 $ 500 46G $ 46G 426 $ 426 4gg $ 4gg 500 $ 556 1,000 $ 1,000 9gg $ 9gg SQQ $ 8GG 7gg $ 7gg 1,000 $ 1,111 Master Fee and Charges Schedule Fire 283 Fire -User Fees & Charges No. Description ALL OUTSIOE AREA F-299 ,~ . -, ...... "'"'"' nnn \ .. -' F-2-W l ◄n0 1 -n '"'"'"" -----L -V """' -, --...--,--- F-2-14 '""nn , --nnn "''""" ,..,..,..., .. F-24-2 l ">no --,,..,n n, ... ·----·-' ~ ,,.. ·--·····- VENTILATION WOOD PROP F-219 Safety Rate {$0 $11 ,999) plus Materia l cost and clean up ~ 10% ReElljseEl Rate {$12,000 $24 ,000) 13llj6 Material sest aAEl sleaA 1jf3 F-224-20% ReElljseEl Rate {$26 ,000 $:39 ,999) 13lljs Material sest aAEl sleaA 1jf3 ~ ao~" ReElljseEl Rate {$40 ,000 Plljs) 13lljs MateFial sest aAa sleaA !jf3 F-223 Commercial -plus Materia l cost and clean up BYRN GAQRE & I~ GREAl=IGN ~ Safety Rate {$0 $11 ,999) 13eF ReljF ~ 10% ReElljseEl Rate {$12 ,000 $24 ,000) 13eF ReljF ~ 20% ReElljseEl Rate {$2!i ,OOO $:39 ,999) 13eF ReljF ~ :30% ReElljseEl Rate {$40,000 PlljS) 13eF ReljF ~ GeFAFAeFsial 13eF ReljF BURN PACKAGE F-270 Safety Rate -per day F-271 Commercial -per day OTHER ~ BljFA Pasl~iA!:J & GleaAiA!:J 1,12 Elay F--274 BljFA PaskiA!:J & GleaAiA!:J Fljll Ela:,< F-272 Coffee -pe r 26 atteAElees per day F-273 Copies-B&W F-274 Copies -Color F-275 Lead Instructor Wage -per hour F-276 Assistant Instructor Wage -per hour CUPA Program-Hazardous Materials Review and Inspection Annual Fee bv Quantity RanQes : F-224 1 chemi cal F-225 2-5 chemicals F-226 6-10 chemicals 40 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 117] $ $ $ Adopted Fee Proposed Fee 90 $ ?!i 8!i $ 8!i ?!i $ ?!i 6!i $ 6!i 116 $ 8a 65 $ 75 66 $ 66 66 $ 66 66 $ 66 65 $ 83 200 $ 200 180 $ 180 160 $ 160 140 $ 140 260 $ 260 $200 per Hour $2 ,775 per Day $200 per Hour $2,775 per Day 160 $ 160 200 $ 200 20 $ 20 $ 0 .20 $ 0 .60 $76 .27 or Refer to Curren! RSCCD Beyond Contract/Overhe ad Part-Time Salary Schedule $68 .64 or Refer to Curren! RSCCD Beyond Contract/Overhe ad Part-Time Salary Schedule 34 1 $ 341 488 $ 488 780 $ 780 Master Fee and Charges Schedule Fire 284 Fire -User Fees & Charges No . Description F-227 11 ~ 25 chemicals F-228 -W-2G 26 and above chemicals chemicals F-229 21 21i sRemisals F-230 26 ag sRemisals F-23-1-a1 aa sRem isals F-232 ae aAEl aee\•e sRemisals F-229 Late fee [6] Fire -EMS Fees Placeholder for Master Fee Schedule [10] 41 $ $ $ $ $ $ $ Adopted Fee Proposed Fee 975 $ 975 1,268 $ 1,658 1,866 $ 1,866 1,468 $ 1,468 U6Q $ 1,li6Q 1,61i8 $ 1,61i8 150 $ 150 Master Fee and Charges Schedule Fire 285 Fire -User Fees & Charges No. Description FALSE ALARM RESPONSE/NON-EMERGENCY SERVICE CALLS (RESIDENTIAL & COMMERCIAL) F-233 1 or 2 in 12-month period (No charge 1st 2 in 12 months) [28] F-234 3 in 12-month period [28] F-235 4 in 12-month period [2 8] F-236 5 in 12-month period [28 ] F-237 Each additional False Alarm Response over 5 in 12-month period [28] F-238 Response SPECIAL/ SPECIFIC EVENTS Plan Review/ Inspectio n [20 ] F-239 Up to 750 sq . ft. event area [17 , 14] F-240 750 -5,000 sq. ft . event area [17, 14] F-241 5 ,001 -25 ,000 sq . ft . event area [18, 15] F-242 25 ,001 -50 ,000 sq . ft. event area [18, 15] F-243 > 50 ,000 sq . ft . event area (base f ee) [18, 15] F-244 Per 2,000 sq . ft . > 50 ,000 sq. ft . [18, 15] EMERGENCY RESPONSE CHARGES F-245 Accident/In ci dent Response F-246 DUI Acc ident Response F-247 Hazardous Materials Clean-up F-248 Water I Flood Pumping & Clean-up F-249 Urban Search and Rescue (USAR) Hourly Rates (any other services not identified elsewhere in this fee schedule will be billed at the hourly rate): F-250 Paramedic Engine Company (4 person) F-251 Truck Company (4 person) F-252 Fire Prevention F-253 Marine Safety F-254 Marine Safety -Seasonal /Part-Time F-255 Emergency Transport Unit (2 EMT/ Vehicle Operators) F-256 Hazmat (4 person) F-257 Fire Personnel F-258 Consultant Fee (Final consu ltant fee charges based on actual per hour charges) 42 Adopted Fee Proposed Fee $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -$ - 146 $ 146 297 $ 297 594 $ 594 740 $ 740 274 $ 274 367 $ 367 549 $ 54 9 1,650 $ 1,650 2,732 $ 2,732 91 $ 91 Actual Cost Actua l Cost Actual Cost Actua l Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost 569 $ 603 569 $ 603 195 $ 197 109 $ 109 23 $ 23 296 $ 314 569 $ 603 Actual Cost Actual Cost Actual Cost Actual Cost Master Fee and Cha rge s Schedule Fi re 286 Fire -User Fees & Charges No . Description Adopted Fee Proposed Fee F-259 Subpoena Appearance (fee set by Court) $ 275 $ 275 F-260 Subpoena Request for Records (fee set by Court) $ 15 $ 15 F-261 Cal ifo rni a Fire Code (CFC) Main tenan ce Testing and Inspection Report Submittal $12per C FC $25 .95 per CFC regulated regulated features for ea c h features for ea ch submission or submission or actual cost actual cost F-262 Report Submission for Inspection , Test, and Maintenance (ITM) of Installed Fire $ 15 $ 15 Prot ection Svstems -Late Fee (per month , startina at 90 davs overdue) 1, ,1 ~ . ~· -·--- ~ +ep $23 ,3G1 13er $23,3G1 13er -yeaf- F-264 Flremi1,Hft $11i,li34 13er $1 li,li34 13er -yeaf- F-2ii 8ase ..., ___ .. , .. ' ~ I T > -, F-2ii Smaller +eweFS -= --~ ....... , "'""' I T-> --, For services requested of City staff wh ich have no fee listed in this fee schedule , the City Manager or the City Manager's designee shall determ ine the appropriate fe e based on the established hourly rates for t his department/division . Additionally, the City will pass-through to the app li cant any discrete costs incurred from the use of external service providers if required to process the specific app li cation . Notes [1] Condition 1 --T he pay ment of such fees sha ll be in addition to other req uired fees [2] Condition 2 --When the specia l services is provided during norm al work hours , the fee sha ll be based on the actual time expended, but not less than one-half (1/2) hour [3] Condition 3 --When the special service is provided as overtime as per the employee's MO U [4] Condition 4 --When th e special service is prov ided as overtime on a no rma l day off or a typical City holiday, as defined in the City's current Memorandum of Understanding (MOU S) 1st 0 "ele: Mesi el !Rese eaaael ee erel10a Ele,,a iaEIP.ie~~ eeeause Ille) ia;el•,e a,ultiple ua~ee/,eeeu,ses, suell es 91dl Ase ieeal Respefl6e er l-tlli!fflel ldail Reepefl6e . [6] Penalty; not inc lud ed in cost analysis f7t P,e, ieu& fee ee,.eree eelll plea elleal, eae iaspesliea jlij 9epes~ le, slaff liA'le , plus Gea6ulleal eepeeil bases ea eea&ullaal e&lia,ele; eelual ee6le u6iAg FBHR aae eeasultaal ee616 18f Fee is lisles ea 1-tBF9 fee selleeule ; lle .. e,er ,es ael eelleelee, lllerefere euffeal ,e, eaue relleels $Q [10] Em ergency Medical Service fees are approved sepa rately using tra nsportation fees adopted by the Orange Cou nty Em ergency Medical Services Agency and through research by staff fo r oth er cos t-associated fees . [11 ] Fees not incl uded in cost analys is; pe r Prop 26 -market sensit ive, included in fee compa rison survey; Per City -no recom mended fee changes at this time. [13] Actual Costs -using the Fully Bu rdened Hourty Rates (FBH R), plus any outside co nsultant costs if applicable f441 laeluees 2 plea re,ie,10 ; aeeilieABI plea slleslm ,,;11 ee billee ettlle aeeptee lleu~· rele ~ laelueee 3 plea ,e,.iewe ; eeeilieABI plea elleellO ,,;11 ee eillee al Ille aeeplee lleufiy rele f46J 1Reh:u3ee 4 f3loA re,ie,1&; edditienel pleR eheeh:e ,,;11 be billed et tRe eElepteEI Ret:tR~ Fate f441! laeluees up te a iA6peelieae ; eeeilieael iaspeetisfl6 A'IO) ee eillee el tile aeeplee lleufiy rele f4QI 128½ ORB tempOF8f:> epeFStionel peffflit iAel~ded . Eeeh addit ional eperetieAel pefffltt ie billed et the e8epte8 FOtee . f24t GuFFeAI Fee AA'leual assua,ee el 6Q% Plea Glleel, eae 6Q% laspeeliea . GuffeAI p,aelise sees ael Eleliaeale be~ ,eea PG eae IA6p fee ea,euale . f22l Re•,ie .. lia,e eHeeeeiag iailiel lleu,o eosua,ee feF esleelislliag Elepesil is eillee et lleu~y Fala f2dj FiFelb~e Safely laspeeliea Fees eases ea &~ue,e feelege else apply 1241 Slaff ,aeeA'1A'18AEI fee eeasisteal ,,;111 Buileiag eepa~A'l8AI (:!61 Teollaeleg) Aulea,aliea fee eeeee le ell ee elepmeal , peffAil aae p,e.ealiea ,elalee lees . [26] Inc ludes fire and life safety inspection fo r common and com merci al areas. If the structure meets the defini tion of "hig h rise," t he "hig h rise" fee applies in lieu of this fee . f,!+j Mui~ teaaal oea,a,e,aial/iaeusl,iel iaspeoliea ie eeaeuetee fa, eea,a,ea fi,e featu,ee Illa! a,e ~e ,espefl6ieilil) el Ille eaileiag eempleH , mall a .. e, e, a,aABgea,eal 80FRJJ8~ iABh:it8iRg 0!JIF0B6 , eprinldoFS , eleffflO , pri o a•e fire t:lydFBAtB , SAS BFRBFg0A0) 888008 . [28 ] False alarms include (1) system or detector malfunction, including improper performance of fire alarm system that is not a resul t of a proper system response to environmen tal stimuli such as smoke or high heat condi tio ns; and (2) un inten ti onal system or detector operation (no fi re), inclu des tri pping an interior device unintentionall y. Non-emergency service ca ll s inclu de (1) lock-ins {non-emergency), (2) smoke or odor remova l (no fi re), (3) removal of a victim from a stall ed elevator that has known mechanical issues ; (4) other abuses of Fire Department services for repeat non-emergency con ditions (exclu des medical). 43 Master Fee and Charge s Schedul e Fir e 287 Library -User Fees No. Description Library Card Fees L-1 Replacemen t Card L-2 Repla cem ent Ca rd - Children's Mate rial process ing fees and Media Rental Charg es The Director of Library Services has the authority to wa i ve fines and p en alties, up to $2 5. ProcessinQ Fees: L-6 Processi ng Fee (fo r los t ma teria ls} L-7 Processi ng Fee (for damage d materi als ) L-8 Process in g Fee (for repl ace ment materials) Damaged Materials Fees : L-9 Damaged Audiobook CD L-10 Damaged Audiobo ok case L-11 Damaged music CD case L-12 Dam ag ed DVDNideo case L-13 Dam aged Radio Freque ncy ID tag L-14 Dama ged Chromebook L-15 A ctu al Repl ace ment Cost Reserve Request Fees: L-16 In te rlibrary loa n request -book L-17 Inte rlibrary loan req uest -mi crofilm Faailit)' Rental Gharges (per hour unless elherwlse neled) k-24 -~ : ' SFAall SttJay RaaFA ReAtals G.fea11i11g/Seelifi!)• /J8fJeei! ~ Theaters , ReeFAs C&D eeA1ei11ea , Taleeft ReeA'l k-23 Maady, B, C, D, E ReeFAS k-24 +eeh11ieia11 Fee #er +heater Jjer hetJF A/sello/ /Jso,4../abi#!)' ,'RS!ll'OA88 ~ ,nn ,_ ~ -,nn ,_ .. -v• vv ,vv ,o v., b-21-5eltJ~,'+al,eae" A EAa,ge !eAa,gea iA aaeilieA le f88A'l Fe Ala I ,a1eI ~ --· ----.. t:--29 Elea11i11g 5e,.iees !AetJ,l•tl ResO.">'B!iOAS 8R9 CeAeel.fe!ieAe .Oe/18)• '=-30 51a11aa,a Ea11eellalie11 Fee !~ltJs ~e9, eHelal ,eeA'l ,e111al u AtJA'lee, e# A'leAIAs rese,..alieA Reial ~ bess IRaR ~g aa,s !PeAal*',l ~ Date Ch8R!je b-33 '" --•M 44 f4t 13½ Adopted Fee Proposed Fee $ $ $ $ $ $ $ $ $ $ $ $ $ .. .. .. - .. - .. . .. V .. - .. - .. - .. 5 $ 5 5 $ 5 5 $ 5 5 $ 5 5 $ 5 15 $ 15 10 $ 10 1 $ 1 2 $ 2 2 $ 2 -$ - act ual cost act ual co st 6 $ 6 6 $ 6 -NIA--NIA- ~ .. r r~~ .. r~~ ---.. •n .. ,n V . ,v -~ .. -~ --.. un V vv ~~ .. ~~ vv ~n .. ~n EAtiFe ReAtal EAtire ReAtal c::i-,...,_ Cllarfle- on .. on vv -vv on .. on -vv Maste r Fee and Charges Sch edule Library 288 Library -User Fees No. Description HOURLY RATEs L-34 Full-time L-35 Part-time For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application. Notes f4l CRBF!JOS feF 1,1S0 ef City Faei lilies may ee waives feF City SJl8RS8FOB BAB Ce SJl8RS8Fea JlF8!JF8R1S &-eYeRts lat Faeility ReRtals Rel iRel1,1aea iR east aRalysis ; maFl1et eases; Re eRaR!Je iR FBtes FoeemmeRaea; ReY8A1,186 681a1FOBB fFem FY 14 TFial 8alaR68 45 $ $ Adopted Fee Proposed Fee 143 $ 143 36 $ 36 Master Fee and Charges Schedule Library 289 Library -Charges Central Library Theater and Meeting Room Rental Charges [1] Cleanlng/Securitl!. De9.osit L-22 Theaters, Room s C&D combined, Talbert Room Without Alchohol W ith Alcohol L-23 Maddy, B , C, D, E, Balboa Rooms Withou t Alchohol W ~hAlcohol L-24 Technician Fee for Theater eer hour eer technician Room Rental with Alcohol Setue/Takedown L-27 Setup/Takedown Charge (charged in addition to room rental rate ) L-28 Setup/Takedown Charge -Rooms C&D (mandatory; charged in L-29 Cleaning Services lhe11rl'>'l Reservations and Cancellations Pol/c"t_ L-30 Standard Cancellation Fee (plus 10% of total room rental x number of L-31 Less than 20 days (Penalty) in advance of event date L-32 Date Change L-33 Securi ty staff -minimum of 1 for up to 100 people (C ity requ irement) - Facility Renta l Charges (per hour unless otherwise noted) Small Study Room s BRoom Non Profit (501 c3) -Residential Non Profit (501c3) -Non Residentia l Business/private -Residential Business/private -Non Residentia l Ba lboa Room Non Profit (501 c3) -Residenti a l Non Profit (501 c3) -Non Residential Bus iness/private -Residentia l Business/p rivate -Non Re sidentia l C Room (piano) Non Profit (501 c3) -Residential Non Profit (501 c3) -Non Residential Business/private -Residential Business/p rivate -Non Res idential D Room Non Profit (501c3) -Residentia l Non Profit (501 c3) -Non Residential Business/private -Residentia l Business/p rivate -Non Res identia l C/D Room Non Profit (501 c3) -Residentia l Non Profit (501 c3) -Non Residential Busin ess/private -Residential Busin ess/private -Non Reside ntial 46 Adopted Propose d Charges Charges $ 500 $ 500 Additional $200 $ 300 $ 300 Additional $200 $ 40 $ 40 Additional $20 per Additional $20 per $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ hour hour 85 $ 85 150 $ 150 65 $ 65 50 $ 50 Entire Rental Entire Rental Charge Charge 30 $ 30 30 $ 30 5.00 $ 5.00 50.00 $ 50 .00 60.00 $ 60.00 80.00 $ 80 .00 90.00 $ 90.00 50.00 $ 50 .00 60.00 $ 60.00 80.00 $ 80.00 90.00 $ 90 .00 85.00 $ 100.00 95.00 $ 110.00 120.00 $ 135.00 135.00 $ 150.00 85.00 $ 100.00 95.00 $ 110.00 120 .00 $ 135.00 135.00 $ 150.00 145.00 $ 160.00 175.00 $ 190.00 210.00 $ 225.00 240 .00 $ 255.00 Master Fee and Charges Schedule Library-Charges 290 Library -Charges Central Library Theater and Meeting Room Rental Charges [1] Adopted Proposed Charges Charges C/D Room flat rate package Non Profit (501c3) -Residential $ 800.00 $ 960.00 8 hour maximum Non Profit (501c3) -Non Residential $ 945 .00 $ 1,140.00 Business/private -Residential $ 1,155.00 $ 1,350.00 Business/private -Non Residential $ 1,315 .00 $ 1,530 .00 ERoom Non Profit (501 c3) -Residentia l $ 50 .00 $ 50 .00 Non Profit (501 c3) -Non Residential $ 60 .00 $ 60 .00 Business/private -Residentia l $ 70.00 $ 70 .00 Business/private -Non Residential $ 80.00 $ 80 .00 Maddy Room Non Profit (501 c3) -Residentia l $ 60.00 $ 60.00 Non Profit (501 c3) -Non Residential $ 80.00 $ 80.00 Business/private -Residentia l $ 95.00 $ 95 .00 Business/private -Non Residential $ 110.00 $ 110 .00 Talbert Room Non Profit (501c3) -Residential $ 95.00 $ 95.00 Non Profit (501c3) -Non Residentia l $ 105 .00 $ 105.00 Business/private -Residential $ 145.00 $ 145.00 Business/private -Non Residential $ 155.00 $ 155.00 Library Theater Non Profit (501c3) -Residentia l $ 120.00 $ 135.00 Monday-Thursday Non Profit (501 c3 ) -Non Residential $ 150.00 $ 165.00 Business/private -Residentia l $ 220.00 $ 235.00 Business/private -Non Residential $ 240.00 $ 255.00 Library Theater Non Profit (501c3) -Residential $ 150 .00 $ 165.00 Friday,Saturday ,Sunday Non Profit (501c3) -Non Residentia l $ 185.00 $ 200.00 Business/private -Residential $ 335 .00 $ 350.00 Business/private -Non Residential $ 365 .00 $ 380 .00 Tabby Theater Non Profit (501c3) -Residential $ 80 .00 $ 80.00 Non Profit (50 1c3) -Non Residential $ 100.00 $ 100.00 Business/private -Residential $ 170 .00 $ 170.00 Business/private -Non Residentia l $ 200 .00 $ 200 .00 [1] Charges for use of City Facilities may be waived for City or Library sponsored or co-sponsored events, per Resolution 2014-15. 47 Master Fee and Charges Schedule Library-Charges 291 Com m unity Services -User Fees No. Description CS-28 Specific Events [1] Application Fee Under 2,000 Estimated Overall Attendance Over 2,000 Estimated Overall Attendance Other Department Staff Charqes CS-29 Special Events [1] Application Fee Other Department Staff Charqes CS-30 Ticketed Event Fee (based on ticket Price charaed bv event operator) $0 -$50 .00 $51 .00 -$200 .00 $201 .00 + Hourly Rate : Community Services For services requested of City staff which have no fee listed in this fee schedule , the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally , the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application. Notes [1] Fees for City Sponsored or Co-Sponsored programs & events may be waived per Re solut io n 2014-16 48 $ $ $ $ Adopted Fee Proposed Fee 225 .00 $ 225.00 450.00 $ 450.00 As APPiicab ie As Applicable 110.00 $ 110.00 As APPiicab ie As Applicable $2 per ticket $4 per ticket $6 per ticket 136 $ 136 Master Fee and Charges Schedule Community Services 292 Community Services -Facility Rentals and Recreational Services Charges [1] Description FACILITIES Group I = City Department Activity Group II = City Department Co-Sponsored A ctivity Group Ill = Civic and Nonprofit Organizations Group IV = Residents or misc. HB Groups (2-hr min) Group V = Non-Residents (2-hr. min) Group VI = Commercial, Business, For Profit (2-hr min) Facility Reservation Change Fee Facility Reservation Cancellation Fee Room Rental Security Deposit Room Set up & Cleaning Charge Additional Staffing Aleetlel FiliA!J Fee Edison/Murdy Community Centers {hourly) Hall A Group I & II Group Ill Group IV Group V Group VI Hall B Group I & II Group Ill Group IV Group V Group VI Hall C & D Group I & II Group Ill Group IV Group V Group VI Studio Group I & II Group Ill Group IV Group V Group VI Hall A& B Gre1,1p I & II Grel!jH# ~ Gretttr¥ ~ 49 Adopted Charges $10.00 $25.00 varies (up to $1,000 maximum) N/A $20.00/staff/hour $&,GG NIA $55.00 $65.00 $95.00 $125.00 N/A $40.00 $45.00 $65.00 $80.00 N/A $40.00 $45 .00 $65.00 $80.00 N/A $40.00 $45.00 $65.00 $80.00 NIA S+e,00 $00,00 ~ W&-00 Proposed Charges $10.00 $25.00 varies (up to $1 ,000 maximum) Varies (up to $350 maximum) $20.00/staff/hour $&,GG N/A $70 .00 $80 .00 $110.00 $140.00 N/A $55 .00 $60.00 $80 .00 $95 .00 N/A $55.00 $60.00 $80 .00 $95.00 N/A $55.00 $60.00 $80.00 $95 .00 NIA S+e,00 $00,00 ~ W&-00 Master Fee and Charges Schedule Community Services -Charges 293 Comm unity Services -Facili ty Rentals and Recreational Services Charges [1] Description Hall ,o,, B, G & g GFBlll3 I & II ~ GrooJH¥ ~ Gfoofr¥! Edison/Murdy Community Centers with Alcohol (additional hourly amount) Kitchen City Gym & Pool (hourly): Gym & Lockers ~ Group I & II Group Il l Group IV Gro up V Group VI Gyffi & l:eel1eFS 41 • 0 ~ ~ GF8lljrV ~ Pool & Lockers f-t-2et Group I & II Group Ill Group IV Group V Group V I Room A Group I & II Group Ill Group IV Group V Group VI Room B Group I & II Group 11 1 Group IV Group V Group VI Conference Room Group I & II Group Ill Group IV Group V Group V I 50 Adopted Charges NIA $94►.00 ~ We,00 $23&00 N/A $10/hour N/A $50 .00 $60.00 $85.00 $115.00 NIA ie&,00 $16,00 $44MQ ~ N/A $60.00 $70.00 $100.00 $135.00 N/A $35.00 $40.00 $55.00 $70.00 N/A $40 .00 $45.00 $65 .00 $80 .00 N/A $20.00 $25.00 $35 .00 $40.00 Proposed Charges NI/J ~ ~ ~ ~ Hourly Rate+ $1 0 .0O/hou1 $10/hour N/A $65.00 $75.00 $100.00 $130.00 NI/J $6&cGf $+e,Gf ~ ~ N/A $75 .00 $85.00 $115 .00 $150.00 N/A $50 .00 $55.00 $70 .00 $85 .00 N/A $55.00 $60.00 $80.00 $95 .00 N/A $35 .00 $40 .00 $50 .00 $55.00 Master Fee and Charges Schedu le Community Services-Charges 294 Community Services -Facility Rentals and Recreational Services Charges [1] Description Gyfll, l:eel1eFS (1 49), & 1 ReeFR GFBlalfal I & II ~ ~ GFelljrl,' ~ G)'fll, l:eekeFS (41 •), & 1 ReeFR GFBlalfal I & II ~ ~ GFelljrl,' ~ Peel , l:eel1eFS (1 28),& 1 ReeFR GFBlalJ,11&11 ~ ~ GFelljrl,' ~ ---A O n 0 ,. ,···· --, -·- GFBlalJal I& II ~ ~ GFelljrl,' ~ GyFR , Peel, RBBFRS I>, & B, & l:eel1eFS (28•) GFelalJ,11&11 ~ ~ GFelljrl,' ~ City Gym Half Court Rentals Group I & II Group Ill Group IV Group V Group VI Kitchen Pool Lifeguard (hourly) 51 Adopted Charges NIA $68,00 ~ ~ ~ NIA ~ $00,00 W&.00 W&OO NIA $+G,OO $8§,00 ~ ~ NIA $00,GG W&.00 $4-9&.00 ~ NIA ~ ~ ~ $oG&OO N/A NIA N/A N/A N/A $10/hour $25 .00/staff/hou r Proposed Charges NIA $68,00 ~ ~ ~ NIA ~ $00,00 W&.00 $4-7&00 NIA $+G,OO $8§,00 ~ ~ NIA $00,GG W&.00 $4-9&.00 ~ NIA ~ ~ ~ $oG&OO N/A $38 .00 $43 .00 $55.00 $70 .00 $10 /hour $25.00/staff/hour Master Fee and Charges Schedule Community Services -Charges 295 Community Services -Facility Rentals and Recreational Services Charges [1] Description Memorial Hall (hourly): Group I & II Group Ill Group IV Group V Group VI Senior Center in Central Park (hourly except as noted below) Parkview Room , Stage & Patio included* *6 hour minimum rental: Fri. after 3 pm, Sat. & Sun. all day Group I & II Group Ill Group IV Group V Group V I Parkview Room South , stage included Group I & II Group Ill Group IV Group V Group V I Parkview Room North , patio included Group I & II Group Ill Group IV Group V Group V I Note: Parkview Rooms available separately Mon-Thurs, Friday until 3:00 pm Edinge r Medical Group -Room 1 Group I & II Group Ill Group IV GroupV Group VI Edinger Medical Group -Room 2 Group I & II Group Il l Group IV Group V Group VI Game Room Group I & II Group Ill Group IV Group V Group VI 52 Adopted Charges NIA $25.00 $30.00 $55.00 $75.00 NIA $130.00 $180.00 $210.00 $280.00 NIA $80.00 $100.00 $120.00 $160.00 NIA $80.00 $100.00 $120.00 $160.00 NIA $50.00 $70.00 $80.00 $100.00 N/A $40.00 $60.00 $70.00 $90.00 NIA $50 .00 $70 .00 $80 .00 $100.00 Proposed Charges NIA $40 .00 $45.00 $70 .00 $90.00 NIA $145.00 $195.00 $225.00 $295.00 NIA $95 .00 $115.00 $135.00 $175.00 N/A $95.00 $115.00 $135.00 $175.00 NIA $65.00 $85.00 $95.00 $115.00 N/A $55.00 $75.00 $85.00 $105.00 NIA $65.00 $85.00 $95.00 $115.00 Master Fee and Charges Schedule Community Services-Charges 296 Community Services -Facility Rentals and Recreational Services Charges [1] Description Dance Room Group I & II Group Ill Group IV Group V Grou p VI Group Exercise Room Group I & II Group Ill Group IV Group V Group VI Computer Lab Room Group I & II Group Ill Group IV Group V Group V I K itchen (vendor use with room rental only) Group I & II Group Ill Group IV Group V Group VI Additional Charges Room Rental w ith alcohol (not available for Dance Room or Group Exercise Room) Reduction for Group Ill Se! "13 & GleeAiAg Gl<eF!Je Event A ccessories Wedding Package #1 (ceremony+ reception) Wedding Package #2 (reception on ly) Art Center (hourly): Multi-Purpose Room (hourly) Group I & II All Others Multi-Purpose Room with Alcohol (additional hourly amount) 53 Adopted Charges N/A $50.00 $70.00 $80.00 $100.00 N/A $50 .00 $70 .00 $80.00 $100.00 N/A N/A N/A N/A N/A N/A $20 .00 < 4 hours $100 flat fee> 4 hours $20 .00 < 4 hours $100 flat fee> 4 hours $20 .00 < 4 hours $150 flat fee> 4 hours $20.00 < 4 hours $150 flat fee> 4 hours Additional $20.00 per hour Reduce 50% Mon -Thurs , 8 :00 am to 10:00 pm; based on availability $26 .QQ $36Q flal fee $10.00 -$300.00 per use $3,000 .00 flat fee $1,900 .00 flat fee N/A $70/hour Hourly Rate + $10.00/hour Proposed Charges N/A $65.00 $85.00 $95.00 $115.00 N/A $65.00 $85.00 $95.00 $115.00 N/A $65.00 $85.00 $95.00 $115.00 N/A $20.00 .:,_ 4 hours $100 flat fee > 4 hours $20.00 .:,_ 4 hours $100 flat fee> 4 hours $20.00 .:,_ 4 hours $1 50 flat fee> 4 hours $20.00 .:,_ 4 hours $150 flat fee> 4 hours Additional $20.00 per hour Reduce 50% Mon -Thurs , 8 :00 am to 10 :00 pm; based on availability $:!li .QQ $36Q flal fee $10.00 -$300 .00 per use $3 ,000 .00 flat fee $2,000.00 flat fee N/A $70/hour Hourly Rate+ $10.00/hour Master Fee and Charges Schedule Community Services -Charges 297 Community Services -Facility Rentals and Recreational Services Charges [1] Description Technical assistance/Security during closed hours Galleries -Dinner Event Galleries -Wedding Reception Kitchen -Per Month Kitchen -Per Da y Newland Barn (hourly): Group I & II Group Ill Group IV Group V Group VI Newland Barn with Alcohol (additional hourly amount) Lake View Clubhouse (hourly): Group I & II Group Ill Group IV Group V Group VI Lake View Clubhouse with Alcohol (additional hourl y amount) Lake Park/Harbour View Clubhouse (hourly): Group I & II Group Ill Group IV GroupV Group VI Lake Park/Harbour View Clubhouse with Alcohol (additional hourly amount) Lake Park BBQ Facility Huntington Central Park Amghitheater (dai l~ rate} Nonprofit/City Sponsored Park Site Reservation Nonprofit/Resident Nonresident Commercial Band Stand Nonprofit/City Sponsored Nonresident Commercial Youth Group Camping -Per Person/Per Night 54 Adopted Charges $15 .00/hour $150 .00/hour (5 hour min) $3 ,000.00 (8 hour max) $500.00 $100.00 NIA $45.00 $75.00 $95.00 $120.00 Hourly Rate+ $10.00/hour N/A $20.00 $25.00 $45.00 $55.00 Hourly Rate+ $10.00/hour No Charge $35.00 $40.00 $65.00 $85.00 Hourly Rate+ $10 .00/hour $175.00 $275.00 (nonresident) $375 .00 (com mercial ) $150.00 $75.00 per day $150 .00 per day $250 .00/day OR $100 .00 /day + 10% gross revenue --whichever is greater $175.00 (daily rate) $250.00/day $350.00/day $4 .00 Proposed Charges $15.00/hour $150.00/hour (5 hour min) $3 ,000.00 (8 hour max) $500.00 $100.00 NIA $60.00 $90.00 $110.00 $135.00 Hourly Rate+ $10.00/hour N/A $35.00 $40.00 $60 .00 $70.00 Hourly Rate+ $10.00/hour No Charge $50.00 $55.00 $80.00 $100.00 Hourly Rate+ $10.00/hour $175 .00 $275 .00 (nonresident) $375 .00 (commercia l) $150.00 $75.00 per day $150.00 per day $250 .00/day OR $100 .00/day + 10 % gross revenue -whichever is greater $175.00 (daily rate) $250.00/day $350.00/day $4.00 Master Fee and Charges Schedule Community Services -C harges 298 Community Services -Facility Rentals and Recreational Services Charges [1] Description Adopted Charges Jumper/ Bounce House/ Trailer with mounted Merry-Go-Round Permit $25.00 55 Proposed Charges $25.00 Master Fee and Charges Schedule Community Services-Charges 299 Community Services -Facility Renta ls and Recreational Services Charges [1] Description Courts aRd Fields ReRlals lhe11Fl•fl EdiseRIM11Fdy Tennis/Racquetball/Bocci Ball Courts ReseF¥elieRs Group I -City Department Activ ity Group II -City Department Co-Sponsored Activity MeuFly GeuFI ReseFYelieRs Group Il l -HB Civic and HB Nonprofit Organizations/HS Organized 55+ Senior Groups Group IV -Residents or Misc. HB Groups Group V -Non-resident Groups/Nonprofit Organizations Group V I -Commercial , Business , For Profit (Tournaments , Camps , Clinics) FieldlPFeeliee bights: Hel!e ¥ie•tt Fie lds Fields -Soccer/Softball/Artificial Turf Fiekls {Edison, Murdl£, Worthll, Greer, Fiela wiU'teul l:ighls (he11Fly ): ·~ .•L . ••L ----·---~ ----- Fiela will! l:ighls/,A.FeRe Fielel : .,L --·· ~lBAJlffifil ¥eulh BF 9FgaRi;!e8 !iii I SeR iBFS Field without Lights : Group I -City Department Activity Group II -City De partment Co-Sponsored Activity Group Il l -HB Civic and HB Nonprofit Organizations/HS Organized 55+ Senior Groups Group IV -Residents or Misc . HB Groups Group V -Non-resident Groups /Nonprofit Organizations Group V I -Commercial , Business , For Profit (Tournaments, Camps , Clinics) Field With Lights/,11,FeRa Fiela : Fielel •11ilh l:ighls,IJl,FeRa Fielel : . ,.,L --------·-- Softball/Baseball Field Preparation Charge Adventure Playground Residents Non-Residents/Groups Adults/Chaperones COMMUN ITY SERVICES PROGRAMS +eumameRls ¥euth Spefls PFegFemslpeF paFlieipaRl: Baslteleall Sllfflffl0F Baskeleall SheeliRg S!aFS Baslteleall 56 Adopted Charges N/A [1] N/A $4.00/hour + tournament fees $4.00/hour + tournament fees $4 .00/hour + tournament fees $4 .00/hour + tournament fees m,oo $2e,OO ~ $a&OO $2e,OO N/A [1] N/A $15 .00 per hour $25 .00 per hour $25.00 per hour $25.00 per hour $a&OO $2e,OO $25 .00 /field/per $4.00 /person $4 .00 /person No Charge ,no, -• -, ........ y ~ ~ ~ Proposed Charges N/A N/A $9 .00 per hour or $81 .00 perday $9 .00 per hour or $81 .00 perday $18 .00 per hour or $108 .00 per day $25 .00 per hour or $125.00 per day m,oo $2e,OO ~ $a&OO $2e,OO NIA N/A $22.00 per hour or $198 .00 per day $32 .00 per hour or $238.00 per day $37 .00 per hour or $285 .00 per day $42 .00 per hour or $342.00 per day Additional $10 per hour $a&OO $2e,OO $25.00/field/per $4.00/person $4.00/person No Charge ,no , -• ~- -··-· $69,00 $69,00 $69,00 MasterreeanaLnar e g s Schedule Community Services-Charges 300 Community Services -Facility Rentals and Recreational Services Charges [1] Description Fla!! Feelllall Baseeall ¼llleyeall dF . BasellelllSeftllell, Besl1elllall , Feelllall Flee Wee SeeeeF, Besl1elllall , + Bell Youth Sports Clinics (per person): Youth Sports Leagues (per person): Recreation/Human Services Events (per person): Pier Swim/with Shirt (pre-registration) Pier Swim/no Shirt (day of event) Surf Contest Family Camp Out Camp HB Camp HB Extended Hours GeffiffillAil)' GeAleF Recreation Events & Material Fees Senior Center Dances & Events 57 Adopted Charges $6MG $6MG $6MG ~ $6MG $60 .00 $60.00 $25.00 $25.00 $40.00 $18 .00/Space + $12.00/particioant $180 -$200/week $35 -$50/week $5 .00 • $100.00 $5 .00 -$50.00 Proposed Charges $6MG $6MG $6MG $6MG $6MG $80 .00 • $100 .00 $96 .00 • $116 .00 $30.00 $30.00 $50.00 $25 .00/Space + $15.00/participant $205 -$225/week $35 -$50/week $5 .00 -$100.00 $5 .00 -$50 .00 Master Fee and Charges Schedule Community Services-Charges 301 Community Services -Facility Rentals and Recreat ional Services Charges (1) Description lnstrt1etienal Recreation Classes/Workshops/Camps/Programs* IRSIF\lelianal Glasses Processing Fee • Recreati on events excepted Sands Community Servi ces Guide Advertisi ng Back Cover Inside Front Cover -Full page Inside Ba ck Cover -Full Page Full Interior 1/2 page 1/4 page Inside Front Cover -1/2 page Inside Back Cover -1/2 page . -· Aquatics Classes • Group (per lesson) Aquatics Classes • Private (per lesson) Senior Citizen Swim Recreation Swim Fitness Center Annual Membership (Senior Center in Central Park) Ages 50-79 Ages 80 + Art Center (per person): Memberships Friends/Fami ly Student/Senior Supporter Sustaining Director's Circle Admission to Events General Members Art Camp for Kids Fe11flh eJ J11ly Independence Day Celebration Parade Entry Application Non-Judged Exempt (marching bands, drum & bugle corps , mounted equestrian Parade/Fi reworks Bleacher Seats Pier Plaza Festival Vendor Booths Official 4th of July Merchandise Surf City Run Children (12 years and under) Adults (13 years and over) VIP Package 58 Adopted Charges $6 .00 maximum $3 ,500 .00 $3 ,200.00 $3,200.00 $3 ,000 .00 $1,500.00 $1 ,000.00 $1 ,600.00 $1,600.00 nn N/A N/A $2 .00 $3 .00 $120.00 $80 .00 $60.00 $40.00 $150.00 $300.00 $1 ,000 .00 $15.00 -$150.00 Discount varies by event $160 .00 -$300 .00 $300. 00 -$3,000 Exempt $10 .00 -$50 .00 $500 to $2 ,500 $5 .00 -$100 .00 $15 .00 -$50 .00 $32.00 -$55 .00 $25.00 -$50.00 Proposed Charges $6.00 maximum $3 ,625 .00 $3,200.00 $3 ,200 .00 $3 ,000 .00 $1 ,500.00 $1,000 .00 $1,600.00 $1 ,600 .00 ·--· $10.00 -$15.00 $25.00 -$30.00 $3 .00 $4.00 $120 .00 $80 .00 $60.00 $40.00 $150.00 $300.00 $1 ,000 .00 $15 .00-$150.00 Discount varies by event $160 .00 -$300 .00 $300.00 -$3 ,000 Exempt $10.00 -$50.00 $500 to $2 ,500 $5.00-$100.00 $15 .00 -$50 .00 $32.00 -$55 .00 $25.00 -$50 .00 Master Fee and Charges Schedule Community Services-Charges 302 Community Services -Facility Rentals and Recreational Services Charges [1] Description S11ecific Events Dall Use Charges {Dailll} Resident Nonprofit {501c3) Non Resident -Non Profit {501c3) Commercial Set-u11/Take Down Charges {Daillll Resident Non Profit (501c3) Non Resident -Non Profit (501 c3) Commercial Mobile Stage Rental {transferred from Resolution 2014-16 schedule) S11ecial Events Dall Use Charges {Daillll Resident Non Profit (501c3) Non Resident -Non Profit {501c3) Resident Non Resident Commercial Set-u11/Take Down Charges {Daillll Resident Non Profit (501c3) Non Resident -Non Profit {501c3) Resident Non Resident Commercial Modified Dall Use Charges Minimum Hours/Use less than 3 hours with 20-50 participants that do not require any set-up and do not require additional staff time or city services . These events shou ld not impact the beach public in any way. Minimum Particinants less than 20 participants with no professional contracted services associated with event. These events do not require any set-up and do not require additiona l staff time or c ity services . These events should not impact the beach public in any way. PARKING RATES South Beach Attended Lots -Off-Peak Season Auto , pi c kup truck, motorcycle Autos with disabled person {DP ) placard Bus -24 passengers or less Bus -25 passengers or more Vehicles over 20 ft in length, including overhangs Vehicles over 20 ft in length, inc overhangs , with disabled person {DP) placard 59 Adopted Charges $650 .00 $1 ,000.00 $1 ,350 .00 $ 325.00 $ 500 .00 $ 675.00 $700.00 $375.00 $425 .00 $400.00 $500 .00 $550 .00 $187 .00 $212.00 $200 .00 $250.00 $275.00 $325.00 No Charge $15 .00/day $10 .00 $50 .0 0/day $100 .00/day $15 .00 per occupied space• $10 .00 per occupied space• Proposed Charges $650.00 $1 ,000.00 $1 ,350 .0 0 $ 325 .00 $ 500 .00 $ 675 .00 $700 .00 $375 .00 $425 .00 $400 .00 $500.00 $550.00 $187.00 $212 .00 $200.00 $250 .00 $275 .00 $325 .00 No Charge $15 .00 /day $10 .00 $50.00/day $100 .00/day $15.00 per occupied space• $10 .00 per occ upied space • Master Fee and Charges Schedule Community Services-Charges 303 Co m munity Services -Facility Rentals and Recreational Services Charges [1] Description South Beach Attended Lots -Peak Season £31 Auto, pickup truck , motorcycle Monday -Friday Saturday & Sunday, Memorial and Labor Days Autos with disabled person (DP ) placard Bus -24 passengers or less Bus -25 passengers or more Vehicles over 20 ft in length, including overhangs Monday -Friday Saturday & Sunday, Memoria l and Labor Days Vehicles over 20 ft in length , inc overhangs , with disabled person (DP) pla card Fourth of July (flat rate) Air Show (daily flat rate) * Example : Three (3) occupied spaces x $20 per space= $60.00 Event Parking -Beach Lots (Qermitted events)** Peak Season -Memorial Day weekend through Labor Day Weekend Non-Peak Season -After Labor Day through October 31 Non-Peak Season -March 1 unti l Memoria l Day Weekend Off Season -November through the end of February •• Available only to Specific Event organizers for permitted events that take place annually and when participants will park in beach lots at ful l day rate . Notes : [3 ] Pe ak seaso n: Memorial Day weekend -Labor Day weekend. Beach Service Road Permit, Vendor Permit Beach Serv ice Road Permit, Vendor Permit Beach Service Road Replacement Pass Resident Meter Pass Resident Meter Pass Resident Meter Replacement Pass blJ! le 4 FRBlE J!eF awelliA!j l,lAil Annual Beach Parking_ Permit £41 Ve hicles under 20 ft, including overhangs Genera l Senior (62+) (one pass per person) Disabled Person (DP) Placard Veterans (with proper identification) Oversize Vehic les , up to 40 feet total length 60 Adopted Charges $15.00/day $20.00/day $10.00 $50.00/day $100.00/day $15.00 per occupied space* $20 .00 per occupied space* $10.00 per occupied space* $30 for July 4th, plus $25.00 flat rate for each of two additiona l days immediate ly preceding and/or fo ll owing July 4th as selected by the Director of Community & Library Services $30.00 until 5 :00 pm $15/day $10/day $10/day $7/day $10.00/year $5.00 $10.00/year $5.00 $195 .00 $100.00 $100.00 $125.00 $400 .00 Proposed Charges $15.00/day $20.00/day $10.00 $50.00/day $100 .00/day $15.00 per occupied space* $20.00 per occupied space* $10.00 per occupied space* $30 for July 4th , plus $25.00 flat rate for each of two additional days immediately preced ing and/or following July 4th as selected by the Director of Community & Library Services $30.00 until 5 :00 pm $15/day $10/day $10/day $7/day $10.00/year $5 .00 $20.00/year $5.00 $195.00 $100.00 $100.00 $125 .00 $400.00 Master Fee and Charges Schedule Commun ity Services-Charges 304 Community Services -Facility Rentals and Recreational Services Charges [1] Description Annual Beach Parking Repla ce ment Pass Surf Class Parking Pass (Students must furnish proof of school enrollment for the current semester) -pass is valid only during class/practice times and location as indicated on the permit submitted by the authorized school representative . Hunting_ton Beach RV Camp_g_round Winter Camping (Day after Labor Day -May 31) Recreational Vehicle (RV) plus auto Senior (62+) With Disabled Person (DP) Placard Reservation Cancellation Fee (Greater than 2 days prior to arrival date) Reservation Cancellation Fee (2 or less days prior to arriva l date) Change Fee Site Lock Fee • Hol ida~ Rates Thank sgiving Week (Sunday prec eding Thanksg iving through Saturday night following Thanksgi ving) Christmas Week (day preceding Christmas through New Year's Eve) Day preceding Veterans Day (ob serve d), Martin Luther King Jr . Day, Pr esi dents' Day, Memorial Day Recreational Vehicle (RV) Event Camping Three-Day Air Show Pass (BY RESERVATION ONLY) Parking_ Lots Bluff Top [5] Hourly Rate (Off-Peak) [2] Hourly Rate (Peak Season) [3] Dog Beach [5] Hourly Rate (Off-Peak [2] Hourly Rate (Peak Season) [3] First and Atlanta [5] Hourly Rate (Off-Peak) [2] Hourly Rate (Peak Season) [3] First and Walnut [5] Hourly Rate (Off-Peak) [2] Hourly Rate (Peak Season) [3] Pier Plaza Parking (between 1st and 7th streets) [5] Hourly Rate (Off-Peak) [2] Hourly Rate (Peak Season) [3] Daily Flat Rate 61 Adopted Charges $10.00 $5 .00/Se mester $75.00/day Sun-Thurs $100.00/day Fri-Sat and Holidays* $65.00/day Sun-Thurs $90 .00/day Fri-Sat and Holidays* $65.00/day Sun-Thurs $90 .00/day Fri-Sat and Holidays* $25.00 First Night's Daily Rate $10.00 $10/day Up to $1,600 (3 or 4 day pass) (Valid Thursday of the Air Show after 10 am through Monday, 10 am following completion of the A ir Show) $3 .00 $3 .50 $3.00 $3 .50 $3.00 $3 .50 $3.00 $4 .00 $3 .00 $4 .00 $25.00 per occupied space Proposed Charges $10 .00 $5.00/Semester $75.00/day Sun-Thurs $100.00/day Fri-Sat and Holidays* $65.00/day Sun-Thurs $90 .00/day Fri-Sat and Holidays* $65.00/day Sun-Thurs $90 .00/day Fri-Sat and Holidays* $25.00 First Night's Daily Rate $10.00 $10/day Up to $1 ,600 (3 or 4 day pass) (Valid Thursday of the Air Show after 10 am through Monday, 10 am following completion of the A ir Show) $3.00 $3.50 $3.00 $3.50 $3.00 $3.50 $3 .00 $4.00 $3.00 $4 .00 $30 .00 per occupied space Master Fee and Charges Sc h edule Community Services-Charges 305 Commu nity Services -Faci lity Rentals and Recreati onal Services Charges [1] Description Adopted Charges Sports Complex Da y Use $2.0 0 Seaso n Parki ng Pass $20 .00 An nual Parkin g Pass (3 se asons) $60 .00 Ve hi cle s ove r 20 feet, in cl uding overhan gs, Da y Use $20 .00 Tournaments & Special Events Warner Hou rl y Rate (Off-Peak ) [2 ] $3.00 Hourly Rate (Peak Season ) [3] $3.50 Main Promenade Parking_ Structure Dai ly Rates : First 90 minutes No Charge After 90 min utes $1.00 I Ea ch 20 Minutes [3] Evening Rate: (After 9:00 pm ) Prevailing Hrly Rate or $5.00 (Directo r Discretion ) Max imum Daily Rate -Off-Peak $15.00 Maxim um Dail y Rate -Pea k Season [3] $20 .00 Downtown Bu siness Employee Pass $25.00/month Downtown Bu sin ess Emp loyee Dail y Stamped Va lidation $2.00 /day Main Pro menade Parking Structu re (4th of Jul y Onl y) $30 .00 Main Promenade Parking Structure (two additional days immed iately p receding and/or following July 4th as selected by t he Director of Community & Library Services) First 90 minutes No Charge Afte r 90 minutes $2.00 I Ea ch 20 Minutes Max imum Dail y Rate $27.00 Eve nin g Rate: (After 9:00 pm) Prevai ling Hrly Rate or $10.00 (Directo r Discretion ) Main Promenade Parking Structure (Three-Day Air S how Event) First 90 minutes No Cha rge Afte r 90 minutes $2.00 I Each 20 Minutes Maxi mum Daily Sp ecia l Event Rate $3 0 .00 Evening Ra te : (After 9:00 pm) (P reva iling Hourly Rate or $10 .00 ) (Direc tor Di screti on) Main Promenade Parking Structure -Permitted Event Days (as selected by the Director of Community & Library Services) First 90 minutes N/A After 90 minutes NIA Maximum Daily Special Event Rate N/A Evening Rate: (After 9:00 pm) NIA Notes: [1] Cha rges fo r City spo nso red or co -spo nsore d prog rams & events may be waived pe r Resolu t io n 201 4-15 [2 ) No cha rge for autos w ith di sa bl ed pl acards (D P) in marke d DP parki ng spaces. [3 ) Peak seaso n : Memori al Da y wee kend -Labor Day weeke nd . Proposed Charges $2.00 $20.00 $60 .00 $2 0 .00 $10.00 per day (Director Discretion) $3.00 $3 .50 No Cha rge $1.00 I Ea ch 20 Mi nutes (Off-Peak) $1.00 I Each 15 Minutes (Peak Season Prevailin g Hrl y Rate o r $5 .00 (Director Di screti on ) $15 .00 $20 .00 $2 5.00/month $4.00/day $30.00 No Cha rg e $2 .00 I Each 20 Min utes $30.00 Preva iling Hrly Ra te or $10 .00 (Director Di sc retion ) No Ch arge $2.00 I Each 20 Minute s $30.00 (Prevailin g Hourl y Rate or $10 .00) (D irecto r Di scretion) No Charge $2 .00 I Each 20 Minutes $30 .00 (Prevailing Hourly Rate or $10 .00' (Director Discretion) [4) Valid at City beach parki ng lots, t he Main Pro menade Pa rk ing Structure, and metered spaces o n Pacific Coast Highway & Beach Blvd . Exce pt io ns incl ude Ju ly 4th, two days immedi ate ly prece ding and/or foll owing July 4th as se lec t ed by the Director of Community & Lib rary Se rvi ces and t hree days of t he Ai r Show. [S J Additio nal $2 .00 pe r ho ur on spe ci al event days incl uding Jul y 4t h, two da ys im med ia t ely prece d ing and/or fo ll owing July 4th as se lected by t he Director of Commun ity & Library Services and th ree days of t he Ai r Show. 62 Master Fe e a n d Cha rges Sch e dule Co m munity Se rvices-Cha rges 306 Res. No. 2024-31 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on June 4, 2024 by the following vote: A YES: Moser, Burns, Van Der Mark, Strickland, McKean, Kalmick NOES: Bolton ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-160 MEETING DATE:4/15/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manger VIA:Chau Vu, Director of Public Works PREPARED BY:Jacob Aube, Senior Civil Engineer Subject: Approve License Agreement and Landscape Maintenance Agreement for the G&M Oil Company Facility No. 70 Project at 19442 Beach Boulevard Statement of Issue: A License Agreement between the City and G&M GAPCO LLC (G&M Oil, the project developer), and a Landscape Maintenance Agreement between the City and the State of California (Caltrans), are presented for City Council approval and execution for the G&M Oil Company Facility No. 70 project at 19442 Beach Boulevard (near intersection with Yorktown Avenue, as shown in Attachment 1). Financial Impact: No funding is required for this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the “License Agreement between the City of Huntington Beach and G&M GAPCO LLC, to Provide Installation and Maintenance of Landscaping and Hardscaping Improvements in the Public Right-of-Way” on State Route 39 (Beach Boulevard) for the G&M Convenience Store project (Attachment 2), and instruct the City Clerk to record the agreement with the Orange County recorder; and, B) Approve and authorize the Mayor and City Clerk to execute the Landscape Maintenance Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the G&M Convenience Store project (Attachment 3). Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The G&M Oil Company Facility No. 70 project is located at 19442 Beach Boulevard, near the City of Huntington Beach Printed on 4/9/2025Page 1 of 2 powered by Legistar™ 307 File #:25-160 MEETING DATE:4/15/2025 intersection with Yorktown Avenue. The project’s development requirements included the maintenance responsibilities of hardscape, landscape, irrigation, and street lighting improvements within State Route 39 along the project frontage. To document this responsibility, the project developer is required to execute a License Agreement for all hardscape, landscape, irrigation, and street lighting improvements within State Route 39 Right-of-Way. This agreement also addresses sidewalk cleaning, disposal of trash, and all other aspects of maintenance. The California Department of Transportation (Caltrans), the owner of State Route 39 Right-of-Way, will only enter in maintenance agreements with governmental agencies, not private developers. Consequently, there are two agreements necessary to adequately address maintenance responsibility. The Landscape Maintenance Agreement between the City and State of California passes maintenance responsibilities from Caltrans to the City, and the License Agreement between the City and G&M GAPCO LLC (G&M Oil), passes maintenance responsibilities from the City to the developer. It is also Caltrans’ policy to sign the agreement after the City has signed, therefore the Landscape Maintenance Agreement is provided approved as to form but without Caltrans’ signatures. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Location Map of G&M Oil Facility No. 70 Project 2. License Agreement between the City of Huntington Beach and G&M GAPCO LLC, to Provide Installation and Maintenance of Landscaping and Hardscaping Improvements in the Public Right- of-Way 3. Landscape Maintenance Agreement with City of Huntington Beach 4. Presentation City of Huntington Beach Printed on 4/9/2025Page 2 of 2 powered by Legistar™ 308 309 310 RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach P. 0. Box 190 / 2000 Main Street Huntington Beach, CA 92648 Fee exempt per Government Code§ 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND G&M GAPCO LLC, TO PROVIDE INSTALLATION AND MAINTENANCE OF LANDSCAPING AND HARDSCAPING IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY This License Agreement (the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and G&M GAPCO LLC, hereinafter referred to as "LICENSEE." WHEREAS, G&M GAPCO, LLC, is the owner of certain real property located in the City of Huntington Beach, County of Orange, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" and incorporated by this reference (the "Property"); and CITY is the owner of those certain areas in the immediate vicinity of the Property that are depicted on Exhibit "B" attached hereto and incorporated herein by this reference (the "Improvement Areas"); and In connection with the development of the Property, CITY and LICENSEE desire to assign responsibility for the installation and maintenance of landscaping and hardscaping within the Improvement Areas, as defined below in Section 5, and the costs associated therewith in accordance with plans and specifications submitted by LICENSEE and as reasonably approved by CITY; and By this Agreement, CITY and LICENSEE desire to clarify and specifically delineate their obligations with respect to the installation and maintenance of landscaping within the Improvement Areas, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, CITY and LICENSEE covenant and agree as follows: 1. GRANT OF LICENSE. Subject to terms and conditions hereinafter set fmih, CITY hereby grants to LICENSEE a non-exclusive, revocable license ("License") to install and 1 24-15713/363363 311 maintain landscaping and hardscaping within the Improvement Areas pursuant to the terms as set forth in this Agreement. 2. TERM. The term of the License (the "Term") granted herein shall be perpetual, provided that CITY may terminate the License and this Agreement upon thirty (30) days written notice to LICENSEE. 3. TERMINATION. In the event of any such termination, the CITY may, at its option, either: (a) at its sole expense, disconnect existing water and electrical supply sources to the Improvement Areas from the Property (leaving the water and electrical systems serving the Property fully functional and in compliance with law), and construct and reconnect CITY water and electrical supply sources to the Improvement Areas, or (b) continue to use water and electricity from the Property for the Improvement Areas, in which case CITY shall agree in writing, upon terms acceptable to the parties, to reimburse LICENSEE on a monthly basis for the reasonable costs of such water and electricity, and, at its sole expense, to maintain in a good condition and repair the portion of the water and electrical systems located in the Improvement Areas. 4. DESCRIPTION OF IMPROVEMENTS. All improvements installed within the Improvement Areas shall be as depicted on those certain plans and specifications as approved by the CITY relative to the Property and the subject development thereof. The landscaping and other improvements within the Improvement Areas for which LICENSEE, at its sole cost at no expense to the CITY, shall install, repair, maintain, and/or replace in accordance with the terms of this License shall be collectively referred to as the "LICENSEE'S Improvements" and includes the following: Landscaping, Irrigation Systems and Plant Material: Plants and trees in accordance with the Landscaping Plans relative to the Property and the subject development thereof submitted by LICENSEE and approved by the CITY and the irrigation systems serving the same. Hardscaping: Enhanced and concrete paving including sidewalks, driveways, street lights in accordance with the precise grading plans relative to the Property and the subject development thereof submitted by LICENSEE and approved by the CITY. 5. MAINTENANCE RESPONSIBILITIES. At LICENSEE'S sole cost and expense, LICENSEE agrees to perform all maintenance responsibilities for the Improvement Areas, including, but not limited to: sidewalk cleaning; trash disposal; signs; street lighting; watering; repairing and/or adjusting irrigation systems when failures occur; fertilizing; cultivating; edging; performing general planting and trimming or other corrective gardening; spraying grass and plants with both insecticides and herbicides; and, generally keeping the Improvement Areas in a clean, secure and attractive condition, talcing into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the area. LICENSEE agrees to maintain and keep the Improvement Areas in good condition and repair, free and clear oflitter and debris 2 24-15713/363363 312 and free from any nuisances and to comply with all health and police regulations, in all respects at all times. LICENSEE agrees to dispose oflitter and debris in a sanitary and legal manner and location. All of the responsibilities listed in this Paragraph 5 (including subparts) shall collectively be referred to as "Maintenance Responsibilities." (a) Maintenance of Trees and Plants. LICENSEE's maintenance obligations shall include watering, repairing, maintaining, adjusting and monitoring irrigation systems when failures occur, fertilizing, edging, performing general planting and trimming or other corrective maintenance, spraying with insecticides and herbicides, and generally keeping the Improvement Areas in a clean, secure and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the Improvement Areas, including but not limited to the following: 1. Provide and apply fertilizer as necessary to sustain healthy growth. 2. Maintain the Improvement Areas to allow access by CITY personnel to CITY facilities and in a condition that is substantially free from weeds, debris and harmful insects at all times. 3. Keep plantings trimmed to eye pleasing appearance. 4. Use only those pesticides and fertilizers approved by the State of California and in a manner consistent with label and legal restrictions. 5. Remove and replace unhealthy, dead, invasive or unplanned plantings as they are observed. 6. Keep the entire area policed and free of litter and deleterious material. LICENSEE shall provide trash pick-up, sweeping, and clean-up as required to ensure no offensive odors, gum, wax, litter, liquids or other materials are allowed to remain on or stain paving, planters, containers, decorative features, artwork or other surfaces. 7. Maintain, repair and operate irrigation system in a manner that prevents water from flooding onto the right-of-ways. 8. All tree trimming shall be done by an LS.A. Certified Arborist or an LS.A. Certified tree worker under the direct supervision of an I. S .A. Certified Arborist. Said trimming shall be per the International Society of Arborist, A.N.S.I. 300A standards. Any tree work not conforming to these requirements shall be subject to damage assessment by the City of Huntington Beach Tree Supervisor. Damages may potentiaiiy iead to penahies which can invoive removing and replacing the damaged tree with an approved replacement of the same size that was originally planted, and payment of fines equal to the value of the original (damaged) tree. Any fines shall be payable by LICENSEE to the CITY. 9. If for any reason LICENSEE is unable to maintain the Improvement Areas in a manner satisfactory to the CITY, LICENSEE shall re-landscape the Improvement Areas to a condition acceptable to the CITY at LICENSEE's sole cost and expense. 3 24-15713/363363 313 10. Control and maintain the Improvement Areas such that no landscaping or plant materials growth, or irrigation water spray, obstructs or hinders vehicular or pedestrian traffic, or encroaches across or onto any bicycle path, sidewalk, public access area, the street right-of-way from the edge of the curb/gutter to the center of any street right-of-way. 11. Conform to all applicable Best Management Practices set forth in the CITY'S Local Implementation Plan Section A-9, Existing Development Exhibit A-9.11, BMP Fact Sheet 1 C7 Landscape Maintenance and the Arboricultural and Landscape Standards Specification issued by the Department of Public Works. (b) Maintenance ofHardscape Material. LICENSEE's maintenance obligations shall include all concrete and enhanced hardscaping material including all sidewalks, driveways, street lighting. Maintenance includes, but is not limited to, linear root barriers, concrete repair and replacement, street lighting repair and replacement, grinding or patching variations in elevation of sidewalks and driveways for an acceptable riding surface, and the removal of dirt, debris, graffiti, weeds, and any other deleterious items or material on or about the sidewalks or driveways in an expeditious manner. ( c) Utilities Serving the Improvement Areas. LICENSEE shall bear the expense of electricity and any other utility necessary to serve the Improvement Areas. LICENSEE shall be responsible for using such utilities in a secure and hazardless manner, complying in all respects with applicable codes and ordinances. (d) Signage. LICENSEE shall repair and maintain during the Term any signage constructed and installed on the Improvement Areas by LICENSEE. 6. PLANS AND SPECIFICATIONS. Throughout the Term, LICENSEE shall perform, at its sole cost and expense, any and all repairs, replacements or refurbishing to the Improvements which LICENSEE constructs in the Improvement Areas as necessmy to bring the Improvements into an operating condition, all in accordance with plans and specifications as submitted by LICENSEE to CITY, which plans and specifications shall be subject to the prior written approval of CITY. No changes, modifications, or alterations may be made to the Improvement Areas without the prior written consent of CITY. 7. MATERIAL ALTERATIONS. After the approval of the plans and specifications and the installation of the Improvements in the Improvement Areas in accordance with the plans and specifications, no material changes, modifications or alterations may be made to the Improvement Areas without the prior written consent of CITY. 8. CITY REQUIREMENTS. LICENSEE, or anyone performing work on behalf of LICENSEE, shall be properly licensed by CITY for any work performed on the Improvement Areas. Furthermore, LICENSEE, or anyone performing work on behalf of LICENSEE, shall acquire the proper encroachment permit and comply with all other CITY requirements prior to performing any work on Improvement Areas in the public right-of-way. 9. CITY RIGHT TO INSPECT. CITY shall have the right to inspect the Improvement Areas at any time to ensure that LICENSEE is performing its obligations hereunder. CITY and 4 24-15713/363363 314 LICENSEE shall negotiate in good faith to come to a mutual agreement as to the time and date for such inspections. 10. DAMAGE TO IMPROVEMENT AREAS. In the event any damage is caused to any pathways, sidewalks, curbs, gutters, street furniture, street lights, medians, streets or utilities as a result of the installation of the landscaped material installed on the Improvement Areas and/or the performance of the maintenance responsibilities of the Improvement Areas, LICENSEE agrees to repair same at its own expense. In the event that damage is caused by the acts of any person to any portion of the landscaped area or in the event any equipment is broken or breaks or is destroyed or in the event vegetation rots or dies, said equipment or vegetation shall be replaced or restored within ten (10) calendar days of the date of the breakage or destruction. Stolen items will be considered destroyed for purposes of this Section 10. 11. REP AIR BY CITY. Except as otherwise provided for in this License, in the event any damage is caused to any of the LICENSEE's Improvements within the Improvement Areas as a result of the installation, maintenance and/or repair work performed by the CITY or its contractors, agents or employees within the Improvement Areas, CITY shall promptly repair the same at its own expense. 12. COOPERATION. In the event both LICENSEE and CITY are required to repair damage to the improvements the parties shall cooperate with each other so as to minimize the costs incurred by each of them. 13. MECHANICS' LIENS. LICENSEE agrees not to suffer any mechanics' lien(s) to be filed against the Improvement Areas by reason of any work, labor, services or material performed at or furnished to the Improvement Areas, by or through LICENSEE. LICENSEE shall, at its sole cost and expense, cause any mechanics' lien( s) which may be filed against the Improvement Areas to be released or bonded or affirmatively insured within sixty (60) days after the date of filing of such mechanics' lien(s). Nothing in this Agreement shall be construed as consent on the part of the CITY to subject the CITY's estate in the Improvement Areas to any mechanics' lien(s) or liability under the mechanics' lien laws of the State of California. 14. ASSIGNMENT. The License herein granted is personal to LICENSEE and any attempt to assign the License to any entity shall require the prior approval of CITY and is subject to the provisions set forth in Section 37 below. Notwithstanding the foregoing, assignment of the License to a LICENSEE affiliated entity shall not require prior approval of CITY. Other than the License granted hereunder, LICENSEE hereby expressly waives any claim to or interest or estate of any kind or extent whatsoever in the Improvement Areas arising out of the License or out of LICENSEE'S use or occupancy of the Improvement Areas, whether now existing or arising at any foture time. This License is appurtenant to the Property and may not be separately assigned apart from the Property or the interests therein. LICENSEE shall give notice in writing to CITY of any such assignment and delegation; such notice shall include the mailing address of the delegee, and will become the delegee's address for service of notices. LICENSEE hereby covenants for itself and its successors and assigns, that conveyance of any interest in the Property shall constitute an assumption by any successors, assigns or transferees of LICENSEE, of the obligations under this License, and upon such conveyance, the predecessor in interest of such assuming party shall be deemed relieved from any further obligations or responsibilities under this License. 5 24-15713/363363 315 15. WORKERS COMPENSATION INSURANCE. Pursuant to California Labor Code § 1861, LICENSEE and its successors or assigns acknowledges awareness of Section 3700 et seq. of said California Labor Code, which requires every employer to be insured against liability for workers' compensation. LICENSEE covenants that it will comply with such laws and provisions prior to conducting any activity pursuant to this license. LICENSEE shall maintain such Workers' Compensation Insurance in an amount of not less than One Million Dollars ($1,000,000) bodily injury by accident, each occurrence, One Million Dollars ($1,000,000) bodily injury by disease, each employee, and One Million Dollars ($1,000,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies reasonably satisfact01y to CITY. LICENSEE shall require all subcontractors retained by LICENSEE to perform work hereunder to provide such workers' compensation insurance for all of the subcontractors' employees. LICENSEE shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and LICENSEE shall similarly require all subcontractors to waive subrogation. 16. OTHER INSURANCE. In addition to the workers' compensation insurance in Section 15 above and LICENSEE's covenant to indemnify CITY in Section 18 below, LICENSEE or its successors or assigns shall obtain and furnish to the CITY and carry at all times incident hereto, on all activities to be performed in the Improvement Areas as contemplated herein, general liability insurance including coverage for bodily injmy, prope1ty damage and motor vehicle coverage. All insurance shall be underwritten by insurance companies reasonably satisfactory to CITY. Said insurance shall name the CITY as Additional Insureds and shall specifically provide that any other insurance which may be applicable to all activities to be undertaken by LICENSEE concerning the Improvement Areas shall be deemed excess coverage and that LICENSEE's insurance shall be primary. Said policy of insurance shall pay on behalf of LICENSEE, its officers, agents, and employees, while acting within the scope of their duties, against any and all claims of liability arising out of or in connection with all activities to be unde1taken by LICENSEE concerning the Improvement Areas affected by the license. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY. 17. CERTIFICATE OF INSURANCE· ADDITIONAL INSURED ENDORSEMENTS. Prior to conducting any activity pursuant to this Agreement, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; said certificates shall provide the name and policy nmnber of each carrier and policy; and shall state that the policy is cun-ently in force; and shall promise to provide that such policies will not be canceled or modified without providing notice to CITY in accordance with policy provisions. LICENSEE shall maintain the foregoing insurance coverage in force until the Term of this Agreement has expired or this Agreement is terminated. The requirement for carrying the foregoing insurance coverage shall not derogate the 6 24-15713/363363 316 obligations of LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to LICENSEE's liability policy as required hereunder, naming the CITY as Additional Insureds, shall be provided to the CITY Attorney for approval prior to the commencement of any work by LICENSEE pursuant to this Agreement. 18. INDEMNIFICATION AND HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees, and assigns (hereinafter collectively called "Indemnified Patties ") against any and all liability, claims, judgments, penalties, damages, expenses, costs and demands, includin g without limitation reasonable attorneys' fees, however caused, including those resulting from death or injury to any person (including without limitation any Indemnified Patty), and damage to any prope1ty, real or personal, of any kind wherever located and by whomever owned (including, without limitation, prope1ty owned by an Indemnified Party), which injury, death or physical damages arises directly or indirectly out of the grant of license herein contained or the activities to be undertaken by LICENSEE (or LICENSEE's officers, employees, agents, contractors, LICENSEEs, or invitees) concerning the Improvement Areas, caused in whole or in patt by any negligent act or omission of the LICENSEE, any of its contractors, subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable (collectively, the "LICENSEE Patties"), including but not limited to concurrent active or passive negligence of the LICENSEE Parties, except to the extent caused by the negligence or w illful misconduct of CITY or any of its agents, contractors, subcontractors, officers, or employees. City shall provide immediate notice to LICENSEE whereupon LICENSEE shall conduct any defense required hereunder at its sole cost and expense. 19 . INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or undertaken by it on the Improvement Areas shall be for its sole account and not as an agent; servant or contractor for CITY. 20. RULES AND REGULATIONS. LICENSEE agrees to obey and observe (and cause its officers, employees, contractors, invitees and a ll others doing business with LICENSEE to obey and observe) all rules and regulations of general applicability regat·ding the Improvement Areas as may be reasonably established by CITY at any time at1d from time to time during the Term of this Agreement. 21. DEFAULT. In the event LICENSEE does not perform, or cause to be performed, any of the Maintenance Responsibilities as contemplated by this Agreement, CITY shall first provide written notice to LICENSEE in the manner and at the address for notices provided in Section 23, describing the alleged default by LICENSEE. l f LICENS EE fails to cure said default within thirty (30) calendar days following the date of delive1y of s uch notice of default, CITY may thereafter cause such maintenance to be performed, and all actual and reasonable costs incuned s hall be assessed to and billed directly to the LICENSEE. Any invoice for such costs incuned shall include copies of paid invoices evidencing the costs incuned. Payment from LICENSEE shall be due within thirty (30) calendar days following the date ofreceipt of invoice. In addition, one and a half (1 -1/2%) interest per month shall be added for each month payment hereunder is due but unpaid. 7 24-15713/363363 317 22. APPLICABLE LAW. LICENSEE shall, at its sole cost and expense, faithfully observe in the use and occupation of the Improvement Areas all municipal ordinances, and all state and federal statutes now in force and which may hereafter be in force, and shall fully comply, at its sole expense, with all regulations, orders, and other requirements issued or made pursuant to any such ordinances and statutes. All building permits, business licenses and other applicable permits and licenses shall be secured and paid for by LICENSEE. 23. NOTICES. Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delive1y to LICENSEE (as designated herein) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope and sent (i) postage prepaid, and depositing the same in the United States Postal Service, via certified or registered mail, or (ii) using nationally recognized overnight courier service, or (iii) via facsimile transmission (with a copy to also be placed in the United States Mail), and addressed as follows: TO CITY: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 ATTN: Director of Public Works Tel: (714) 536-5431 Facsimile: (714) 374-1573 TO LICENSEE: G&M GAPCO LLC ATTN: Adam Sparks 16868 A Lane Huntington Beach, CA 9264 7 Tel: (714) 375-4700 Any mailing address or telefacsimile number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. A person may not give official or binding notice by facsimile. The effective time of a notice shall not be affected by the receipt, prior to the receipt of the original, ofa facsimile copy of the notice. 24. CAPTIONS AND TERMS. The captions and section numbers appearing in the Agreement are for convenience only and are not a part of the Agreement and do not in any way limit, amplify, define, construe or describe the scope of intent of the terms and provisions of this Agreement, or in any way affect this Agreement. 25. RECORDATION. LICENSEE shall record this Agreement in the Official Records of the County of Orange, State of California. 26. NON-EXCLUSIVITY. This License is non-exclusive, and the Improvement Areas shall at all times be open to use by the general public. 27. NONDISCRIMINATION. LICENSEE agrees that in the performance of this Agreement and use of the Improvement Areas it will not engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. 8 24-15713/363363 318 28. COOPERATION. LICENSEE shall in good faith cooperate in connection with its respective rights and obligations under this Agreement, including, but not limited to, performing any acts and executing any further documents that may be reasonably necessary to effectuate the purposes of or rights conferred under this Agreement. 29. SEVERABILITY. If any provision of this Agreement shall to any extent be deemed to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law. 30. ENTIRE AGREEMENT. This Agreement, together with any attachments hereto or inclusions by reference, constitutes the entire agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties hereto with respect to the rights and obligations contained herein. Any oral representations or modifications concerning this instrument shall be of no force or effect except a subsequent modification in writing, approved by the CITY and signed by the parties to be charged. 31. ATTORNEY'S FEES. If any action or proceeding is brought by either paity against the other under this Agreement, whether for interpretation, enforcement or otherwise, each patty shall bear its own attorneys' fees. The prevailing party shall not be entitled to recover its attorneys' fees from the nonprevailing party. 32. CITY RIGHT TO ENFORCE. Notwithstanding the provisions of Section 31 above, LICENSEE acknowledges and agrees that CITY has the right and standing, but not the obligation, to enforce any of the terms of this Agreement by any appropriate legal or equitable means and shall be entitled to reimbursement for any costs incurred in enforcing this Agreement. LICENSEE shall provide CITY with, and at all times keep current, contact infmmation for LICENSEE and any property manager acting on its behalf. 33. GOVERNING LAW. This Agreement shall be governed, construed, interpreted, and enforced under and in accordance with and governed by the laws of the State of California. 34. AMENDMENTS. This Agreement may be ainended, modified, and/or supplemented only by the written agreement of LICENSEE and CITY, or the successors and assigns of each. 35. COVENANTS. Each of the covenants set forth in this Agreement (i) shall run with the land; (ii) shall be binding upon, and shall inure to the benefit of, any person or entity having or acquiring any interest in any portion of any property benefited or burdened thereby, during the period of such person's or entity's ownership, and all of their respective successive owners and assigns; and (iii) shall be binding upon, and shall inure to the benefit of, the property benefited or burdened thereby and every portion thereof and interest therein. The License granted by this Agreement is subject to all matters ofrecord as of the effective date of this Agreement. 36. DELEGATION OF AUTHORITY. CITY hereby delegates to its City Manager or his or her designee the authority to implement all provisions of this Agreement. 9 24-15713/363363 319 37. EXCLUSIVE BENEFIT OF PARTIES. The provisions of this Agreement are for the exclusive benefit of CITY and LICENSEE and their successors and assigns, subject to the provisions hereof, and neither for the benefit of nor give rise to any claim or cause of action by any other person. 38. SURVIVAL. All representations, warranties, waivers, and indemnities given or made hereunder shall survive termination of this Agreement. 39 . AUTHORITY TO SIGN. LICENSEE hereby represents that the individual executing this Agreement on behalf of LICENSEE has full authority to do so and to bind LICENSEE to perform pursuant to the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on-----------~ LICENSEE: G& M GAPCO, LLC print name ITS: (circle one) Chairman/President@'ce Pre~ 1e ITS: (circle one C hief Financial Officer/ Asst. Secretary-Tre asurer State of California County of _____ _ 24-157 13/363363 10 CITY: CITY OF HUNTINGTON BEACH, a California municipal corporation Mayor City Clerk Director of Public Works REVIEWED AND APPROVED: City Manager City A:ftorney f-" 320 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Huntington Beach, County of Orange, State of California, described as follows: THE NORTH 50.00 FEET OF THE SOUTH 230.00 FEET OF THE WEST 200.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. APN: 153-051-15 321 I--en -I >< w I I I I 322 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness, accuracy, or validity of that document. State of California /' % County of C2LO p 1~ before me, (ar J /(},dAo.el /-ltvlu~ ./ (f nsert name and titl e of the officer) personally appeared ~-'---""--=--1.J.-+---'..:....,_~c..:.......:..::.....<._-.:J-i~~...l..l...=-----------,---,----- who proved to me on the basis of satisfactory evidenc to be the person(s) w hose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature JI/L4/ ./.Ja?= (Seal) 1············~ CARL MICHAEL HEGLUND : Notary Public• California : J • Orang~ County ! Commission # 24443 70 My Comm. Expir.s Apr 15, 2027 323 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California/ a County of Oran t·"-) before me, t!~, r 1r'I, t'1 ~ (insert name personally appeared ~ r / I' J o who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the • ame in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumen the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the for going paragraph is true and correct. WITNESS my hand and official seal. Signature ______....___,u/r.........,.___~~/J~--=--(Seal) l 000000000000 f • CARL MICHAEL HEGLUND -a Notary Public • California a i ..... ?. Ori1ng~ County ~ Commission I 2◄◄4370 ~•· My Comm. Expirti Apr 15, 2027 12/10/2024 19442 Beach Blvd. 1 LANDSCAPE MAINTENANCE AGREEMENT WITH THE CITY OF HUNTINTGTON BEACH THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of __________; hereinafter referred to as “CITY” and collectively referred to as “PARTIES.” 1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed or revised improvements within STATE’s right of way by Encroachment Permit Number(s) ______TBA_______________. 2. This Agreement addresses CITY’s responsibility for the concrete driveway with curb and gutter, sidewalk, landscaping, underground sewer pipe and underground main waterpipe. (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 39, as shown on Exhibit A, attached to and made a part of this Agreement. 3. Maintenance responsibilities that include, but are not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.” 4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the State Maintenance Manual. 5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this Agreement. 5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required. 6. CITY agrees, at CITY’s expense, to do the following: 6.1. CITY will MAINTAIN or have authorized licensed contractor with appropriate class of license in the State of California, to MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE. 324 - 12/10/2024 19442 Beach Blvd. 2 CITY will have in place a valid necessary encroachment permits prior to the start of any work within STATE’S right of way. 6.1.1. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way 6.2. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement. 6.2.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. 6.2.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. 6.2.3. To expeditiously MAINTAIN, replace, repair or remove from service any components of LANDSCAPING system that has become unsafe or unsightly. 6.3. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY. 6.4. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. 6.5. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 12 Maintenance at 1750 E. 4th Street Suite 100 Santa Ana, CA 92705. 6.6. CITY shall ensure LANDSCAPING within the Agreement limits provide an acceptable walking and riding surface and will provide for the repair and 325 - 12/10/2024 19442 Beach Blvd. 3 removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner. 6.7. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING. 6.8. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. 7. STATE may provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement. 8. STATE shall issue encroachment permits to CITY at no cost to it. 9. *STATE to remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the Location(s) shown in Exhibit A, subject to STATE’s Encampment Removal policy, MPD 1001 R1 and applicable State and Federal law. Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations shown in Exhibit A. 10. LOCAL AGENCY’s graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. LOCAL AGENCY shall discuss such possible art with STATE’s District12Transportation Art Coordinator before conducting any graffiti removal or remediation. 11. LEGAL RELATIONS AND RESPONSIBILITIES: 11.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law. 11.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE 326 - 12/10/2024 19442 Beach Blvd. 4 may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure. 11.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY. 11.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 11.5. PREVAILING WAGES: 11.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements. 327 - 12/10/2024 19442 Beach Blvd. 5 11.5.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 12. 12.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self- insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self- Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the LANDSCAPING location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B. 12.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 13. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 14. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. 328 - 329 ~fi/10[2!)24 19442 Beach Blvd. PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written . THE CITY OF HUNTINGTON BEACH, a STATE OF CALIFORNIA Municipal Corporation of the State of DEPARTMENT OF TRANSPORTATION California Mayor City Clerk INITIATED AND APPROVED : ~ ==----Dire ct or of Public Works REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: ' p~~ P.,-city Attorney By: ________ _ Andrew Chuah 6 Deputy District Director Maintenance District 12 330 • • • • " • • • • • • • • • • • • • • • • 15 : . : ":.:.:.:.:.:.:.:.:.: ":.:.:.:.:.:.:.:.:. :~ ♦: ♦: ♦: ♦: ♦: ♦ : ♦: +: ♦: ♦: ♦: ♦ : + : ♦: ♦: ♦: ♦: ♦: ♦: ♦: ♦: ·= ..... ,., ....... ., ,. ........ ,. ,. ......... ,.. ,., ,., .... ,. ,., ...... ,. ,.. . ,. ,. ,. ....... ,. ,. ..... "'S ... ,. ,. ,. ......... ,. • ,. ... ,. ,. ... ,. ... ,. ,. ,. ,.m ;, ;, ... ;; ♦ " ;, ;, ;, ;, ;, ;, ;, + ♦ ♦ ♦ ;, ;, ... ;, z ... ;, ♦ ;, ,. ... ♦ + ... ;, ... ,. + ;, "' ......... ;, ;, ;, ,. ... ♦ + • -+ • ,. + ;, ,. ......... ;, ... ;, ,. ... ,. + ... ;, ♦ ♦ ♦ ,. ;, ;, + ;, ,.. " ,. + ,.. "' ;, ;, ;, ♦ ,.. "' + + + + -+ + + + + + + + + ♦ + ♦ + + + + + ♦ ♦ ♦ ♦ ♦ ♦ + ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ... + ♦ -+ ♦ ♦ ... ♦ ,. ......... ♦ ... ♦ ♦ ... ♦ + ♦ ♦ ♦ ♦ ♦ ♦ ... + ♦ ♦ ♦ ♦ ♦ + ♦ ♦ ... ♦ ... ♦ ♦ ♦ ♦ ♦ ♦ ♦ ... ♦ ♦ ...... ♦ ♦ ♦ ♦ ... ♦ ♦ ♦ "' ♦ ♦ ♦ " . -~ _ __t__ 19442 BEACH BOULEVARD APN: 153-051-15 EXHIBIT 'A' .[ ~ ~ J "Yp) © . " " " " . " '1 ~ . · 1 ·1·~·}?,<<·) "1 ;., '<l ♦ ♦ ♦ ,q ,. ... ♦ • " • ===,=p ,~~~ I;, "1 <,J "Q 1;> ..,, I I I "• " " . ' . " 19472 BEA~80ULEVAifu 0 " 0 APN: 15 -051-1 1!' " . . .. '. " "" 0 " o" . ' " cJ " " . •" " . "□ " ·0 " . " ~"· " " ~ " . Czl " D . " 0 " " . ·□ "" 'J" LEGEND: ~ HARDSCAPING TO BE MAINTAINED BY CllY GRAPHIC SCALE t,::;:;.:J LANDSCAPING TO BE MAINTAINED BY CITY i ( IN FEET ) 1 inch = 10 fl. i ~o '-'< "'0 58 57 56 55 54 _O 'ti /PF OPOSI '□ GR/ DE '-,._, llr v - ~ L.J a::Q ~~ ~ In ".J . z ~ fO .!;; . \ tJ;i:j ..'J v 53 52 51 50 49 48 47 46 / l E V ~ c'i' ~ ~t ii' "'--P-5 • >= 000 lZ g -<IJ -Iii "' '""' ~ '.'.:. 't Zr') ~ Bi~ (/J (/J (/J ~l ... ~ :g rO<Xl ,.; """ ~~ " Z(O~ + 8 .... :!:. 0 1~ v \.__ CTSTRUf:T 20 55 L.F • OF 6" VCP ~EWER LATER AL fB<lElLE...SC.O HORIZ: 1 • -20' VERT: 1• • 2' 0+00 0+50 SEWER LATERAL STA.: 114+75.58 58 57 56 55 ~8 0::1~ 'c5 /PF OPOSI ,D GR/ DE c-,-....., llr v -~ L.J - 54 l-...........,_ 53 ----11 c'i' ;'11g I <X>Q -<D 16.57 "' 52 CONSTRUCT L.F. OF 2" LA \ /\,ER- 'rtRAL [J_ ~I~ -z -~ In ..f < DIST 12 50 0 "',-+ -"' X 1 ~"' C "'~ ~5 <(Z ;.- 49 -c,c ;;:;~ 48 ~~ "'(/J 47 46 ~~ 11b l>> ""' <Q Zo Z-' uc: fB<lElLE...SC.O HORIZ: 1 • • 20' VERT: 1• -2' 0+00 0+50 WATER LATERAL STA.: 114+63.50 COUNTY ROUTE Orange SR-39 POST Ml.ES 11lTAL PRO.ECT ORA2.172 9'EET NO.: MAINTENANCE EXHIBIT SITE ADDRESS: G&M OIL CCJ.IPANY FACILITY No.: 70 19442 BEACH BOULEVARD HUNTINGlON BEACH, CA 92648 11lTAL 9'Ern SCALE: 1" = 10'-0" DRAIN BY: K.N. CHECKED BY: M.P. CITY OF HUNTINGTON BEACH CITY □F HUNTINGTON BEACH 2000 MA IN STREET CALIFORNIA 92648 CALTRANS DISTRICT 12 1750 E. 4TH STREET, SUITE 100 SANT A ANA, CA 92705 ATTN: Sarah Rodriguez HUMAN RESOURCES DEPARTMENT December 17, 2024 RE: Statement of Self Insurance for CITY OF HUNTINGTON BEACH Related to Project Specific Maintenance Agreement with State of California Department of Transportation ("STATE") for the maintenance concrete driveway with curb and gutter, sidewalk, landscaping, underground sewer pipe and underground main waterpipe at 19442 Beach Blvd. Dear Sarah Rodriguez The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers' compensation claims and has received the consent of the State Department of Industrial Relations to do so. Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers' compensation claims, which may be brought against the CITY. The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 12.1 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts. If you need any additional information regarding this letter, please direct those inquires through my office. DeAnna Sori Risk Manager Exhibit B 331 G&M Oil Company Facility No. 70 Approve License Agreement and Landscape Maintenance Agreement Department of Public Works 332 BACKGROUND •The G&M Oil Company Facility No. 70 project is located at 19442 Beach Boulevard, near the intersection with Yorktown Avenue (Attachment 1). Developed by G&M Oil, the project will construct a new convenience store at an existing gas station to provide drinks, snacks, and other to-go items. The project consists of one convenience store totaling 1,175 square feet and a covered trash enclosure. •As part of the development requirements, the developer was required to construct a streetlight, concrete walkways, landscaping, and irrigation in State Route 39 (Beach Boulevard) along the project frontage. State Route 39 is operated by the California Department of Transportation (Caltrans). •The developer was also required to assume maintenance responsibilities of the constructed improvements in State Route 39. Caltrans will not directly sign agreements with developers, only governmental agencies. To satisfy the maintenance requirements, the City signs a maintenance agreement with Caltrans and then signs another separate maintenance agreement with the developer to pass maintenance responsibility to the developer. 333 LOCATION MAP 334 GARFIELD A Vf. -L.. 39 PROJECT SITE...._ ~ YORKTOWN A VE ' .... (/) < ~ a -I I-m (/) :z (!) :c 0 < ...... u z ::E (/) < ; :z LaJ m < :::::ii: l.&J z ADAMS AVE ' i l VICINITY MAP N.T.S. NEED/WHY/BENEFITS •The project’s development requirements included the maintenance responsibilities of hardscape and street lighting improvements within State Route 39 along the project frontage. To document this responsibility, the project developer is required to execute a License Agreement for all hardscape, landscape, irrigation, and street lighting within State Route 39 Right-of-Way. This agreement also addresses sidewalk cleaning, disposal of trash, and all other aspects of maintenance. •The California Department of Transportation (Caltrans), the owner of State Route 39 Right-of-Way, will only enter into maintenance agreements with governmental agencies, not private developers. Consequently, there are two agreements necessary to adequately address maintenance responsibility. The Landscape Maintenance Agreement between the City and Caltrans passes maintenance responsibilities from Caltrans to the City, and the License Agreement between the City and G&M GAPCO LLC (G&M Oil), passes maintenance responsibilities from the City to the developer. •Executing these agreements allows the developer to meet the development requirements and transfers maintenance responsibility to the developer, which results in no maintenance responsibilities for the City. 335 DETAILS •The constructed improvements along the project frontage within Caltrans Right-of-Way on State Route 39 (Beach Boulevard) include concrete walkways, landscaping, irrigation, streetlight, conduit, and pull boxes. •Maintenance responsibilities include sidewalk cleaning and disposal of trash in addition to the previously mentioned improvements. •Executing both agreements will pass all maintenance responsibilities to the developer and free the City of maintenance responsibility. The City signs two separate agreements with Caltrans and the developer due to Caltrans not signing agreements directly with developers, only governmental agencies like the City. 336 RECOMMENDATION A)Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and G&M GAPCO LLC (G&M Oil, the project developer), to provide maintenance of improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the G&M Oil Facility No. 70 project (Attachment 2); and B)Approve and authorize the Mayor and City Clerk to execute the Landscape Maintenance Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the G&M Oil Company Facility No. 70 project (Attachment 3). 337 Questions? 338 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-313 MEETING DATE:4/15/2025 Subject: Develop Ad Hoc Committee to Evaluate Collaboration Between City and Support Groups/Organizations Recommended Action: Develop an ad hoc committee of three Council Members to work with staff and the City Attorney to identify all the groups/individuals acting on behalf of or in conjunction with the City, then define the roles and responsibilities to create better lines of communication and coordination to maximize efficiency of city resources and determine whether a formal agreement is needed. The committee will return to the City Council within 6 months with recommendations. Attachment(s): 1. Burns, McKeon, Larrea-Van Der Mark Memo City of Huntington Beach Printed on 4/10/2025Page 1 of 1 powered by Legistar™ 339 City Council Meeting – Council Member Items Report To: City Council From: Pat Burns, Mayor Casey McKeon, Mayor Pro Tem Gracey Larrea-Van Der Mark, Council Woman Date: April 15, 2025 Subject: Develop Ad Hoc Committee to Evaluate Collaboration Between City and Support Groups/Organizations 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT Over the last few years, we have become increasingly aware that certain “nonprofits” and other organizations and individuals have been operating in the City, to help provide valuable services to the City and its residents at little or no cost. These groups such as the Friends of the Library, Central Park Collaborative, Shipley Nature Center, American Legion, and the Tree Society, to name a few, often operate in a “quasi agency” relationship with the City, meaning the group or individual operates with government and private characteristics, performing public functions but not fully controlled by the City. While the City Council and staff appreciate these free (or low cost) services that are provided, in many cases there is no written agreement between the City and the group or individual. In part, not having an agreement can increase liability and lead to unintended cost and consequences where liability cannot be managed. We propose an ad hoc committee consisting of three Council Members to work with staff and the City Attorney to identify all the groups/individuals that are acting on behalf of or in conjunction with the City, then define the roles and responsibilities to create better lines of communication and coordination to maximize efficiency of city resources and determine whether a formal agreement is needed. The committee will return to the City Council within six months with recommendations. RECOMMENDED ACTION Develop an ad hoc committee of three Council Members to work with staff and the City Attorney to identify all the groups/individuals acting on behalf of or in conjunction with the City, then define the roles and responsibilities to create better lines of communication and coordination to maximize efficiency of city resources and determine whether a formal agreement is needed. The committee will return to the City Council within six months with recommendations. ENVIRONMENTAL STATUS Not applicable. STRATEGIC PLAN GOAL Non Applicable - Administrative Item 340 •. CITY OF _ HUNTINGTON BEACH City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-295 MEETING DATE:4/15/2025 Subject: Item Submitted by Mayor Burns and Mayor Pro Tem McKeon - Establishment of Collaborative Program with Charter Cities Recommended Action: Direct the City Manager to implement steps for the City of Huntington Beach to participate in a collaborative program with other charter cities. Attachment(s): 1. Burns McKeon - Council Member Item Report City of Huntington Beach Printed on 4/9/2025Page 1 of 1 powered by Legistar™ 341 City Council Meeting – Council Member Items Report To: City Council From: Pat Burns, Mayor Casey McKeon, Mayor Pro Tem Date: April 15, 2025 Subject: Establishment of Collaborative Program with Charter Cities 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT Huntington Beach has positioned itself as a prominent leader in advocating for charter city rights, standing firm against state mandates that do not align with the needs of the local community. Article XI, Section 6 of the California Constitution gives charter cities the authority to govern their own municipal affairs independent of state laws and are not subject to all state laws deemed to be local government affairs. Charter cities are afforded a level of autonomy that allows municipalities to tailor governance to the specific needs and desires of their communities, free from certain state-imposed mandates. As one of 126 charter cities in California, Huntington Beach has the advantage of governance that is more responsive to local priorities. We have been approached by the City of Porterville, California to declare for the establishment of the League of Charter Cities. A collaboration with California’s charter cities can pave the way for a stronger, more unified effort to secure the rights of charter cities and protect the principle of local governance. By joining with like-minded cities, Huntington Beach can enhance its influence and create a more powerful, collective voice – a united front – that advocates for preserving local control and minimizing external interference from Sacramento. RECOMMENDED ACTION Direct the City Manager to implement steps for the City of Huntington Beach to participate in a collaborative program with other charter cities. ENVIRONMENTAL STATUS Not applicable. STRATEGIC PLAN GOAL Non Applicable - Administrative Item 342 •. CITY OF _ HUNTINGTON BEACH