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HomeMy WebLinkAbout2010-10-26 - AGENDA REPORTS - OUTDOOR DINING ORD (2)Agenda Item: / CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: . Item to be presented by: Mike Marshall DATE: October 26, 2010 SUBJECT: A REQUEST FOR THE APPROVAL OF MASTER CASE 10-069, SPECIFIC PLAN AMENDMENT 10-004, TO MODIFY THE DOWNTOWN NEWHALL SPECIFIC PLAN TO ESTABLISH GUIDELINES ALLOWING FOR OUTDOOR DINING WITHIN THE PUBLIC RIGHT OF WAY IN THE URBAN CENTER ZONE OF THE DOWNTOWN NEWHALL SPECIFIC PLAN AREA DEPARTMENT: Community Development RECOMMENDED ACTION City Council introduce and pass to second reading, an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE 10-069, CONSISTING OF SPECIFIC PLAN AMENDMENT 10-004, AMENDING THE DOWNTOWN NEWHALL SPECIFIC PLAN (DNSP) TO MODIFY SECTION 4.2.020 AND ADD SECTION 4.7 MAIN STREET OUTDOOR DINING GUIDELINES". BACKGROUND The Downtown Newhall Specific Plan (DNSP) was adopted in December, 2005. The plan covers 50 square blocks in and around Downtown Newhall, including commercial and residential properties. The DNSP is distinctive in comparison to other areas in the City because the local zoning and development code allows, permitted by right, such things as mixed-use projects, shared parking, and greater residential and commercial densities. Zoning in the DNSP is also unique because it is a "form based" code, meaning that a greater emphasis is placed on the form and context of a development project rather than a specific use or mix of uses. Section 4.2.060(D)(2) of the DNSP allows for encroachments into the public right-of-way, including outdoor dining, with the approval of the Director of Community Development. Ordinance passed to Second reading However, the DNSP does not include codified sections establishing development standards for outdoor dining. On May 3, 2010, staff made a presentation before the Newhall Redevelopment Committee (NRC) to introduce and receive comments on the proposed outdoor dining standards. Staff then included applicable comments into the final version of the proposed specific plan amendments and made a final presentation before the NRC on June 7, 2010. Then on September 7, 2010, the Planning Commission, with a 4-0 vote, recommended that the City Council approve Master Case 10-069. ANAT VCTc Proposed Modifications Main Street is intended to serve as the recognizable focus of Downtown Newhall where traffic is most calm and the needs of vehicles and pedestrians are fully balanced by incorporating shops, restaurants and services into the pedestrian oriented streetscape. The proposed modifications are intended to promote the commercial nature of Main Street by encouraging an intensity of activity that would be further enhanced by the provision of outdoor dining opportunities. Section 4.2.060(D)(2) of the DNSP currently allows for encroachments into the public right-of-way for the purpose of outdoor dining. However, the DNSP does not currently address or regulate development standards such as the location, maintenance and operational standards, colors and materials, barrier types, or landscape and planter specifications. Attached is a copy of the proposed changes (Exhibit "A"). The intent of the proposed changes is to establish a set of guidelines that would allow business owners to capitalize on the opportunity to expand and enhance their existing dining areas while promoting the intent of the DNSP. Application Process Eligible businesses may apply for outdoor dining approval by completing a six step process that includes the following: 1. Complete the Main Street Outdoor Dining Application and Checklist; 2. Submit a site plan of the subject property including the location of proposed outdoor dining area; 3. Submit photographs and/or exhibits of proposed furniture and enclosures; 4. Submit a notarized property owners statement; 5. Complete the Main Street Outdoor License Agreement; and 6. Submit a certificate of liability insurance ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) per Article 19, Section 15301: Existing Facilities, Class 1. Class 1 exemptions include the negligible expansion CZ of an existing use. The applicant is proposing to modify an approved specific plan to establish development standards for outdoor dining within an urbanized portion of the City of Santa Clarita. Although the project would allow the expansion of existing uses, the expansion is considered to be negligible. The expansion would not expand the existing development footprint nor would it significantly change the character of existing buildings. PUBLIC REVIEW As required by the Unified Development Code and CEQA, a 1/8th page advertisement was placed in the Signal newspaper on September 24, 2010, advertising the public hearing for Master Case 10-069. The project has met all the noticing requirements as identified under the Government Code, UDC, and California Environmental Quality Act. As of the date of this report, the Planning Division has received no written opposition. ALTERNATIVE ACTIONS Other actions as determined by the Council. FISCAL IMPACT No negative fiscal impact is anticipated as a result of the proposed project. ATTACHMENTS Ordinance Proposed DNSP Changes (Exhibit "A") Notice of Exemption Main Street Outdoor Dining Application and Checklist (Reading File) Property Owners Statement (Reading File) Main Street Outdoor Dining License Agreement (Reading File) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE 10-069, CONSISTING OF SPECIFIC PLAN AMENDMENT 10-004, AMENDING THE DOWNTOWN NEWHALL SPECIFIC PLAN (DNSP) TO MODIFY SECTION 4.2.020 AND ADD SECTION 4.7 MAIN STREET OUTDOOR DINING GUIDELINES THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1: FINDINGS OF FACT. The City Council does hereby make the following findings of fact: a. The Downtown Newhall Specific Plan was adopted by the City Council in December 2005; b. On July 19, 2010, the City of Santa Clarita (the "Applicant") initiated an application to revise Chapter 4 of the Downtown Newhall Specific Plan to provide opportunities for outdoor dining in the Urban Center zone of the Downtown Newhall Specific Plan area in the City of Santa Clarita; C. The project was duly noticed in accordance with the noticing requirements for the Specific Plan amendment on September 24, 2010; d. The Planning Commission held a duly noticed public hearing on Specific Plan Amendment 10-004 on September 7, 2010. At the close of the public hearing on September 7, 2010, the Planning Commission unanimously recommended that the City Council approve Specific Plan Amendment 10-004 for the establishment of Main Street Outdoor Dining Guidelines within the DNSP area to include an application and checklist, property owners statement, and license agreement. Notice of said public hearing was given in the manner required by the Santa Clarita Municipal Code and State law; e. On October 26, 2010, the City Council held a duly noticed public hearing on this issue, commencing at 6:00 p.m. at City Hall, located at 23920 Valencia Boulevard, City of Santa Clarita; and f. The documents and other materials, which constitute the record of proceedings upon which the decision of the City Council is based in this matter, are on file within the Community Development Department and are in the custody of the Director of Community Development. SECTION 2. Based upon the testimony and other evidence received at the hearing, and upon the study and investigation made by the City Council and on its behalf, the City Council further finds as follows: a. The purpose of the proposal is to establish guidelines for the use of the public right of way for the purpose of outdoor dining in the Urban Center Zone of the DNSP area. b. That the amendment has been reviewed for consistency with the City's proposed General Plan. C. Public participation and notification_ requirements pursuant to Sections 65090 and 65391 of the Government Code of the State of California were duly followed. SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the testimony and other evidenced received, the City Council finds as follows: a. This project is exempt per Article 19: Categorical Exemptions, Section 15301: Existing Facilities, of California Environmental Quality Act (CEQA) as a Class I Exemption consisting of a negligible expansion of an existing use; b. The documents and other materials which constitute the record of proceedings upon which the decision of the City Council is made in the Master Case 10-069 project file located within the Community Development Department and is in the custody of the Director of Community Development; and C. The City Council, based upon the findings set forth above, hereby finds the Notice of Exemption for this project has been prepared in compliance with CEQA. SECTION 4. DOWNTOWN NEWHALL SPECIFIC PLAN AMENDMENT FINDINGS. Based upon the foregoing facts and findings, the City Council hereby finds as follows: a. The proposed Downtown Newhall Specific Plan Amendment (Exhibit A) is consistent with the objectives of the Downtown Newhall Specific Plan, the Unified Development Code, the General Plan, and development policies of the City as it will establish development standards for outdoor dining within the public right-of-way as allowed in section 4.2.060(D)(2) of the Downtown Newhall Specific Plan. b. The proposed Downtown Newhall Specific Plan Amendment (Exhibit A) is consistent the objectives of Main Street as the modifications are intended to promote the commercial nature of Main Street by encouraging an intensity of activity that would be further enhanced by the provision of outdoor dining opportunities. SECTION 5. The City Council hereby introduces and passes to second reading, this ordinance approving Specific Plan Amendment 10-004 as described herein and shown on attached Exhibit A. J SECTION 6. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this day of , 2010. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at the regular meeting of the City Council on the day of , 2010. That thereafter, said Ordinance was duly passed and adopted at the regular meeting of the City Council on the day of , 2010 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 10-,, adopted by the City Council of the City of Santa Clarita, CA on , 2010, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 120 Sarah P. Gorman, Esq. City Clerk By Susan Caputo Deputy City Clerk \\CITYHALL2\Deft\CD\CURREN R!2010\10-069 (Main St. Outdoor Dining)\City Council\CC Ordinance.doc 7 Exhibit "A" Proposed Amendments to Downtown Newhall Specific Plan The following is a summary of the amendments proposed at this time. Throughout the following amendments, the changes are noted as follows: Underlined sections indicate new wording. 4.2.020 — Allowed Land Uses, Permit Requirements TABLE 4-1 P Permitted Use, Development Review required Allowed Land Uses and Permit MUP Minor Use Permit Required Requirements for Downtown Zones CUP Conditional Use Permit Required x X Use not allowed Land Use Type (1) PERMIT SECURED BY ZONE Additional UG -1 I UG -2 I UC I COR I CD x Regulations Retail Uses Antique or collectible store x x P P x Bar, tavern, night club x x MUP MUP MUP Building and landscape materials sales x x x x MUP Furniture, appliance, and equipment store x x P P x General retail, except with any of the following features x x P P x Alcoholic beverage sales x x MUP MUP x 17.17.040 Auto -or motor -vehicle related sales or services x x x x x Drive-through facilities x x x x x Floor area over 20,000 sf x x x P x On-site production of items sold x x P P P Operating between 11:00 pm and 7:00 am x x MUP MUP x Used Merchandise x x x x x Neighborhood market/convenience store x x P x x Outdoor Display and sales x x MUP MUP I MUP Restaurant, cafe, coffee shop, except drive-through x x P P P Outdoor Dining x x LL51 L51 x x Notes: (1) A definition of each listed use type is in Unified Development Code Chapter 17.12 (Use Type Classifications) except where a specific type is defined by Section 4.6 (Glossary)of this Downtown Code. (2) Use allowed only on second or upper floor, or behind ground floor use. (3) Allowed only as part of a vertical mixed use project, with upper floor residential in a Commercial Block building type (4) Requires Adult Business Permit in compliance with Unified Development Code Section 17.17.050 (5) Outdoor Dining only allowed for properties with frontage on Main Street in the Urban Center (UC) zone subject to submittal requirements and license agreement with the Citv of Santa Clarita 4.7 Main Street Outdoor Dining Guidelines 4.7.010 — Purpose The purpose of the Main Street Outdoor Dining Guidelines is to promote safe and attractive use of the public areas in Downtown Newhall. This section assists property owners and tenants along Main Street in establishing outdoor dining areas in the public right-of-way (ROW) that will help create a dynamic and lively atmosphere of the commercial core of Downtown Newhall. A. Context - This section implements policies from the Downtown Newhall Specific Plan, effective December 2005, which encourage pedestrian oriented shops, restaurants and services located on Main Street. To promote Main Street as the recognizable focus of Downtown Newhall, portions of the public right-of-way are available for lease or license for the purposes of creating or extending outdoor dining areas. These standards apply to the design and construction of dining areas and enclosures that will extend into leased areas of the public ROW along Main Street. See Figure 1.0 for an outline of the project area. B. Eligible Properties — With the approval of the Director of Community Development, properties within the Urban Center zone may be allowed to encroach into the public right of way for outdoor dining. The Main Street Outdoor Dining Guidelines provide standards for properties with frontage on Main Street for encroachments for outdoor dining. Eligible properties are shown in Figure 1.0 for a map of eligible properties under these guidelines. C. Application Process - The application process and submittal requirements to establish an outdoor dining area within the right-of-way on Main Street are outlined in the Main Street Outdoor Dining Area Application & Checklist. D. Other Regulations - Business and property owners are not relieved from obtaining other required approvals, licenses, and permits for a new or expanded business from the Community Development Department, Public Works Department, Fire Department, Alcoholic Beverage Control Board (ABC),- and any other appropriate authority. E. General Guidelines - The City's interest in reviewing applications for outdoor dining relates to the safety and well beingof f the public and the promotion of the Downtown as a vital and attractive pedestrian district. The City's goal is to maintain the highest standards of accessibility and safety while achieving an attractive and functional design. In general, allowed encroachments should compliment public use and improvements. In no case shall encroachments be permitted which serve to exclude the public from any public sidewalk or street. The City may deny any application for outdoor dining in the public right of way that it determines does not comply with these guidelines or any other standard or regulation set forth by the City. /o 4N9F" n OANI'Iw MYSL � •` � xNNiy.�Tr. s� ��� � - 5{ X77 lk, !`� ✓. . X119 Figure 1 — Main Street Outdoor Dining Eligible Properties St o «a. Ob < 3 F. Location and Dimensions — Dining areas in the right-of-way may be allowed where it can be determined by the City that the encroachment would not result, individually or cumulatively, in a narrowing of the sidewalk such that important functional attributes of the Downtown, (e.g., ability of pedestrians to stroll side-by-side and to pass comfortably for significant stretches, lingering and window shopping) are not ieovardized. The location and dimensions of any item located in a public place shall meet the minimum requirements set forth in these guidelines and any other local, state or federal law or regulation. 1. Encroachments shall conform to the following standards: 5' minimum width unobstructed pedestrian path of travel 4' minimum setback from driveways 8' minimum setback from pedestrian ramps at corners 2' minimum setback from any legally required building entrance or exit. All dining furniture and appurtenances must be contained within the dining area Above grade planters or pots used as part of the dining enclosure shall be a minimum height of 2'. Pots and plant materials shall not exceed a maximum height of 41 . MAIN STREET drtw auto / 8Min. nom cq ranpa I S' ROW -`_' ...:.. properly Lim + 4' Min. frau drive 1 24" Min. Setback fM. required enttance 5' Mer. ttgm neer, landacaping aaaucWns in ROW � I N i Figure 2 — Setback Exhibit 2. Encroachments shall not block safe access to businesses, parkins spaces, bike stalls, or other spaces required by local, state or federal building or safety codes. 3. Chairs and tables shall not extend into the required accessible walkway at any time. Chairs must be at a scale appropriate to the size of the table or space available for seating. 4. Tables and chairs shall not be affixed to the sidewalk or any portion of the right- of-way. 5. Heating devices shall be reviewed by the City of Santa Clarita for safety and aesthetics and may require separate building permit review. 6. The Community Development Department may require an Architectural Design Review to review any items placed in the City right-of-way that are not clearly consistent with these guidelines. G. Maintenance and Operational Standards 1. Maintenance of sidewalk encroachments shall be the sole responsibility of the permit holder. 2. Any item permitted to be placed in the City right-of-way shall be maintained in a safe manner so as not to obstruct pedestrian access to public sidewalks, access ramps or doorways. Movable items, like chairs, shall be positioned to prevent obstruction of access routes at all times. The permitted item shall be, if moved by patrons, relocated to the appropriate location at all times. 3. All materials shall be well maintained without stains, rust, tears or discoloration. Materials that show signs of significant wear/age shall be replaced. 4. Umbrellas shall be constructed of durable fade resistant materials. H. Colors and Materials - The types of materials placed on City sidewalks shall portray a well maintained and aesthetically appealing streetscape. The variety of uses that exist in Downtown Newhall require a cohesive guideline of allowed materials, colors and variation of items permitted in the common commercial area. All items located on the public sidewalk shall be constructed of durable materials appropriate for use in the public right-of-way. Foldiniz chairs, light weight materials, deteriorated, U.V. damaged, splintered or other similar furniture will not be approved or placed in the right-of-way. Sealed or painted metal or wood tables are recommended. 2. Permitted encroachments shall be complimentary in material, color and design to the buildings they serve and are adiacent to. Tablecloths, umbrellas and similar materials used as part of an encroachment, shall be clearly described in the project application (material samples may be required). All materials shall be painted, stained, etc., in a solid color; stripes and patterns are discouraged. 4. Street fumiture shall not contain signs, advertising, or logos. I. Umbrellas 1. Umbrella shades shall have approved solid colors. Patterns and stripes are discouraged. 2. Umbrellas shall be installed and maintained so as to provide pedestrian I`f clearance by maintaining seven (7) feet of clearance from the sidewalk to the lowest edge of the umbrella. Umbrellas shall not exceed a maximum height of nine (9) feet from the base to the top portion of the pole. Umbrellas shall be constructed of a canvas -type material suitable for outdoor use. No plastic fabrics, plastic or vinyl - laminated fabrics, or any We of rigid materials are permitted. 4. Umbrellas shall be set back a minimum of five (5) feet from the neighboring. ro ert. J. Barriers A barrier is required for the full perimeter (with the exception of access openings) when the outdoor seating area extends more than four feet into the public ROW. Landscape planters may be used as barriers. 2. Sectional fencing must be constructed of metal (aluminum, steel, iron, or similar) or wood and must be of a dark color (either painted or stained). 3. Rope or chain barriers are permitted. The rope or chain must have a minimum diameter of one inch. Vertical support posts must be constructed of wood or metal. Q Barriers shall not be affixed to the sidewalk or cause damage to the existing right-of-way. c Mai K. Planters and LandscapinE 1. Planters shall contain plant materials in healthy condition. Stressed, dead, or dying landscape must be promptly replaced. 2. Planters shall have a self-contained watering reservoir system that prevents any leakage onto the sidewalk. 3. Debris or litter caused by landscape planters shall be maintained or cleaned by the responsible business or property owner. Debris, stains or litter shall be cleaned or removed by the responsible business or property owner. 4. Planters and landscaping shall be trimmed to maintain the required accessible walkway of no less than 5 feet in width. L. Menu Boards Menu boards shall be limited to one per eligible business and shall meet the setback requirements identified in Figure 2. 2. Menu boards shall be limited to a maximum size of 9 square feet. 3. Menu boards shall not be affixed to or cause damage to the existing sidewalk or any other portion of the right-of-way. M. Lighting 1. Lighting shall illuminate only the dining area and shall be shielded from the public space. 2. Lighting shall be mounted so that all wiring is concealed. Rope or string lights are allowed provided they are installed to the requirements of the Building Code and manufacturer's specifications. N. Signage 1. All signage proposed to be located upon umbrellas, barriers, or similar shall be subject to the approval of the Director of Community Development. In no circumstance shall off-site signage or corporate branding, other than that of the subject business, be permitted. O. Other Types of Encroachments 1. Other types of encroachment, not anticipated in these guidelines may be considered and permitted by the City, but must comply with the purpose and intent of these guidelines. P. Indemnification and Insurance 1. Issuance of an outdoor dining permit shall be contingent upon the applicant enacting a Main Street Outdoor Dining License Agreement with the City of Santa Clarita. The applicant shall also provide a Certificate of Liability Insurance for the duration of the outdoor dining Permit and license agreement. Annual minimum coverage limits shall be established by the City at the time of application. 17 NOTICE OF EXEMPTION TO: [X] County Clerk, County of Los Angeles 12400 Imperial Highway, Room 2001 Norwalk, CA 90650 [ ] Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 FROM: City of Santa Clarita 23920 Valencia Boulevard, Suite 302 Santa Clarita, CA 91355 APPLICATION: Master Case 10-069, Specific Plan Amendment 10-004 PROJECT LOCATION: Downtown Newhall Specific Plan (Urban Center Zone) PROJECT APPLICANT: City of Santa Clarita PROJECT DESCRIPTION: The City of Santa Clarita is proposing to modify Chapter 4 of the Downtown Newhall Specific Plan to provide opportunities for allowable encroachments into the public right-of-way by establishing guidelines for the provision of outdoor dining opportunities for qualified businesses. within the Urban Center Zone. This is to advise that the City of Santa Clarita City Council has approved the above described project on November 9, 2010, and has found the project is EXEMPT from the provisions of the California Environmental Quality Act (CEQA). The EXEMPT STATUS of the project is listed under Article 19 CATEGORICAL EXEMPTIONS; the project is exempt from the California Environmental Quality Act (CEQA) under Article 19 Categorical Exemptions, Section 15301 as a negligible expansion of an existing use. Mike Marshall, Assistant Planner II City of Santa Clarita Community Development Department 23920 Valencia Boulevard, Suite 302 Santa Clarita, CA 91355 (661) 255-4330 Date u Y CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING °.° TM NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Boulevard, 1St Floor, Santa Clarita, California, on the 26th day of October, 2010, at or after 6:00 p.m. to consider the approval of Master Case 10-069 (Specific Plan Amendment 10-004) a proposal to allow for outdoor dining within the public right-of-way for properties with frontage on Main Street in the Urban Center zone of the Downtown Newhall Specific Plan area. This project is exempt from the California Environmental Quality Act (CEQA) per Article 19, Section 15301: Existing Facilities, Class 1. Class 1 exemptions include the negligible expansion of existing use. On September 7, 2010, the Planning Commission, by a 4-0 vote, recommended that the City Council approve the proposed project (Master Case 10-069). Proponents, opponents and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the Community Development Department, 23920 Valencia Boulevard, Suite 302, Santa Clarita, CA 91355; (661) 255-4330, Mike Marshall, Assistant Planner II. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City .Council, at, or prior to, the public hearing. Dated: September 24, 2010 Sarah Gorman, Esq. City Clerk Publish Date: 9/26/2010 sAcd\current\!2010\10-069 (main st. outdoor din ing)U 0-069 cc notice.doc City of SANTA CLARITA Main Street Outdoor Dining Application & Checklist I. APPLICANT CONTACT INFORMATION Business Name: Business Owner(s) Name: Address: Zip Co, Phone: —e-mail: II. PROPERTY OWNER INFORMATION (list all owners) Legal Owner Name: Address: Zip Code: III. PROJECT LOCATION Address: FalWl IV. DESCRIPTION (Describe proposed outdoor dining area) V. SITE PLAN (Property lines, building/tenant footprint & outdoor dining area) VI. PHOTOGRAPHS/EXHIBITS (Existing & Proposed Condition) VII. MAIN STREET OUTDOOR DINING LICENSE AGREEMENT VIII. CERTIFICATE OF LIABILITY INSURANCE PROPERTY OWNER(S) STATEMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I/We, declare that Uwe am/are the owner(s) of the property described herein and hereby give authorization for the filing of this application. Further, Uwe do, by my/our signature(s) on this agreement, absolve the City of Santa Clarita of all liabilities regarding any deed restrictions that may be applicable to the property described herein. (Signature of all property owners is required. The owner in escrow is not acceptable.) I/We declare that all encumbrances on the subject property are shown on the submitted site plan (or are attached on a separate sheet) and that the purpose of all encumbrances (and ownership of all easements) is stated. In the case of a tentative map, Uwe further declare that the property involved in this application is free from all encumbrances that would conflict with the project application, particularly dedications of the right to further subdivide to the County of Los Angeles or City of Santa Clarita. We understand that, in the event that the City incurs greater expense in processing the application(s) than is covered by the standard processing fee(s), that Uwe will be responsible for payment of such fees and that permits will not be issued and/or occupancy will not be granted until all fees have been paid in full. I/We hereby grant the City admittance to the subject property as necessary for processing of the project application. I/We declare under penalty of perjury that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Signed Signed ACKNOWLEDGEMENT State of California County of On , before me, personally appeared Date Notary Public who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Sate of California that the forgoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL Signature of Notary Public (Seal) MAIN STREET OUTDOOR DINING LICENSE AGREEMENT THIS LICENSE AGREEMENT ( the "License Agreement") is made and entered into in duplicate original as of this day of 20_ by and between THE CITY OF SANTA CLARITA, a municipal cooperation, hereinafter referred to as the Licensor, and , a California corporation, hereinafter referred to as the Licensee. BASIC LICENSE PROVISIONS 1. DESCRIPTION OF LICENSED PREMISES: The Licensor, for and in consideration of the performance of the covenants and agreements hereinafter contained to be kept and performed by the Licensee, and upon the following terms and conditions, hereby grants to the Licensee a revocable, non-exclusive license for the use of those certain premises (the "Licensed Premises") located in the City of Santa Clarita, County of Los Angeles, State of California, generally described and depicted on Exhibits "A" and "B" attached hereto and more particularly described to include the Standards for outdoor dining areas on Main Street within the Downtown Newhall Specific Plan, attached as follows: 2. TERM OF LICENSE: The term of this License Agreement is continuous until cancelled. Either Licensor or Licensee may cancel this license at any time upon 10 days' prior written notice to the other. Upon cancellation or termination of this License Agreement, and upon the request of Licensor, Licensee shall remove as requested any improvements, fixtures, equipment, and other personal property placed upon the Licensed Premises by Licensee. The costs and expenses of such removal, together with the repair of any damage occasioned thereby, will be borne solely by Licensee. 3. USE OF LICENSE PREMISES: Licensee is authorized to use said Licensed Premises for the purposes of outdoor dining as described in the Main Street Outdoor Dining Guidelines and no other uses. Licensee agrees that it will not use the Licensed Premises or any improvements thereon in a manner which violates any applicable governmental laws, rules, or regulations. Without limiting the foregoing, Licensee agrees that it will not suffer or permit the use, storage, disposal, or release on or about the Licensed Premises or the improvements thereon of any Hazardous Materials by its officers, agents, contractors, employees, guests, or invitees. As used herein, "Hazardous Materials" means any flammable explosives, radioactive materials, asbestos, PCB's, hazardous waste, toxic substances, or related materials, including, without limitation, substances defined as "hazardous substances," "hazardous materials," or "toxic substances" in any present or future federal, state, or local law applicable to the Licensed Premises or the improvements thereon; and the rules and regulations adopted or promulgated under or pursuant to any of the foregoing laws. 4. REPAIR AND MAINTENANCE; Licensee, at its cost and expense, agrees to maintain the Licensed Premises and all improvements located thereon in good repair and condition (including the making of all necessary replacements) and in a neat, safe and clean condition. Licensee's obligations under this License Agreement include, but are not limited to, the making of all necessary repairs and replacements to all parts of the Licensed Premises and improvements thereon, whether structural or non-structural, ordinary or extraordinary, it being agreed that Licensor has no obligation to maintain, repair or replace any part of the Licensed Premises or improvements thereon. Without limiting the foregoing, Licensee, at its cost and expense, agrees to comply with all governmental laws, rules and regulations applicable to the Licensed Premises or the improvements. 5. ACCEPTANCE; CONSTRUCTION OF IMPROVEMENTS; SURRENDER: Licensee acknowledges that prior to entering into this License Agreement it has investigated and inspected the Licensed Premises and all existing conditions and improvements located thereon to the full extent that Licensee has deemed necessary and appropriate. Licensee acknowledges that Licensor has made, and is making, no representations or warranties, express or implied, as to the condition of the Licensed Premises or the improvements located thereon, or as to the suitability of the Licensed Premises or the improvements thereon for Licensee's intended use. LICENSEE ACCEPTS THE LICENSED PREMISES "AS -IS" AND "WHERE -IS", WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, AND SUBJECT TO ALL MATTERS, LIMITATIONS, CONDITIONS, AND RESTRICTIONS WHETHER OR NOT OF PUBLIC RECORD. Licensee agrees that any and all work on the Licensed Premises will be performed in a good and workmanlike manner, pursuant to plans and specifications reasonably approved in advance by Licensor, and in compliance with all applicable governmental laws, rules and regulations. All contractors engaged by Licensee to perform sny such work must be duly licensed and approved in advance by Licensor, which approval will not be unreasonably withheld, and must provide such bonds and insurance as is reasonably acceptable to Licensor, including, without limitation, comprehensive general liability insurance in an amount not less than $5,000,000 per occurrence and naming Licensor as an additional insured. Licensee agrees to pay for all such work and agrees not to permit any liens, claims or encumbrances to be placed against Licensor's title to the Licensed Premises as a result of such work. Licensee also agrees that upon completion of such work the Licensed Premises and the improvements, thereon will be free from all liens, claims and encumbrances relating to such work. Title to any new improvements shall remain with Licensee at all times during the term of this License Agreement. 6. INDEMNIFICATION AND HOLD HARMLESS: Licensee agrees to indemnify, protect, defend and hold Licensor and its elected and appointed officials, officers, agents and employees, and each of them, free and harmless from any and all liabilities, claims, losses, damages, actions, judgments, costs and expenses (including defense costs and legal fees), which they, or any of them, may suffer or incur arising by reason of or relating to (i) bodily injury, death, personal injury, or property damage resulting from the negligence or willful misconduct of Licensee, its officers, contractors, agents, employees, guests, or invitees in or about the Licensed Premises or the improvements thereon or (ii) any work or other activities occurring in or about the Licensed Premises. 7. GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: Licensee agrees to procure and maintain general liability and property'damage insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly from any act or activities of Licensee, its officers, agents, and employees, or any person acting for Licensee or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of Licensee, or its officers, agents, and employees, or any person acting for Licensee, or under its control or direction. Such gerneral liability and property damage insurance shall also name 2 Licensor as an additional insured and provide for and protect Licensor against incurring any legal cost in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in the following minimum limits: A combined single -limit policy with coverage limits in the amount of $5,000,000 per occurrence will be considered equivalent to the required minimum limits. If Licensee's operation or use of the Licensed Premises under this License Agreement results in an increased or decreased risk in the opinion of the City's Risk Manager, then Licensee agrees that the minimum limits as determined shall be changed accordingly upon written request by the Risk Manager. All required insurance must be in effect for the duration of the term of the License Agreement. Maintenance of proper insurance coverage is a material element of this License Agreement, and the failure to maintain and renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract. 8. WORKERS COMPENSATION INSURANCE: Licensee shall procure and maintain Worker's Compensation Insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both Licensee and Licensor against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by Licensee in, at, or about the Licensed Premises. 9. TAXES: Licensee agrees to pay all real property taxes and assessments (whether general or special), if any, which may be levied against the Licensed Premises, including any improvements located on the Licensed Premises, during the term of this License Agreement. 10. ASSIGNMENT; SUBLETTING: Licensee may not, either voluntarily or involuntarily, assign, sublet, transfer, hypothecate or encumber all or any part of its interest in this License Agreement or the Licensed Premises or any improvements. 11. DEFAULT: If Licensee fails to perform or comply with any of it agreements or obligations under this License Agreement, and if such failure continues for more than 5 days (or such longer period as Licensor, in its sole discretion, may permit) following the giving by Licensor to Licensee of notice of such failure, then Licensee will be in default under this License Agreement. Notwithstanding the foregoing to the contrary, if License fails to keep and maintain in full force and effect any of the insurance required to be maintained by Licensee under this License Agreement, then, at Licensor's sole option, Licensee immediately will be in default under this License Agreement without the necessity for Licensor to give any notice of such failure. If Licensee is in default under this License Agreement, Licensor will be entitled to pursue all rights and remedies which are available to it under this License Agreement or at law or in equity. All rights and remedies of Licensor are cumulative and not alternative. 12. NOTICES: Except as otherwise required by law, notices desired or required to be given by this License Agreement may be given by enclosing the same in a sealed envelope addressed to the party for whom intended and sent by commercial delivery service or by depositing such envelope, with postage prepaid, in the United States Post Office or any substation thereof, or any public letter box, and any such notice and the envelope containing the same shall be addressed to the Lessor at City of Santa Clarita Redevelopment Agency 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 3 or such other place as may hereinafter be designated in writing by the Licensor, and the notices and envelopes containing the same to the Licensee shall be addressed to: Licensee: Name/DBA: Location: Mailing Address Notices given in the foregoing manner will be deemed given, in the case of commercial delivery service, upon delivery to the party's notice address, and in the case of mail, 3 business days following deposit in the United States Post Office or any substation thereof or any public letter box. 13. WARRANTY OF AUTHORITY: Each party hereby covenants, warrants and guarantees that it has the power and authority to enter into this License Agreement, and each party agrees to defend, indemnify, and hold harmless the other party from any and all costs, expenses, and damages resulting from its breach of said covenants, warranty and guarantee. 14. LICENSOR'S TITLE : Licensee acknowledges and agrees that Licensor is the owner of the Licensed Premises and that nothing in this License Agreement grants to Licensee any right, title or interest in the Licensed Premises, except for the revocable right to use the Licensed Premises as provided in this License Agreement. 15. GOVERNING LAW: This License Agreement is to be governed by and construed in accordance with the internal laws of the State of California, without regard to principles of conflicts of laws. 16. AMENDMENT; WAIVER: No term or provision of this License Agreement may be amended, altered, modified or waived orally or by a course of conduct, but only by an instrument in writing signed by a duly authorized officer or representative of the party against which enforcement of such amendment, alteration, modification or waiver is sought. Any amendment, alteration, modification or waiver shall be for such period and subject to such conditions as shall be specified in the written instrument effecting the same. Any waiver shall be effective only in the specific instance and for the specific purpose for which given. 17. SEVERABILITY: The invalidity or unenforceability of any term or provision of this License Agreement shall not affect the validity or enforceability of any other term or provision of this License Agreement all of which shall remain in full force and effect. 18. ATTORNEY'S FEES:. If either party to this License Agreement brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to reasonable attorneys' fees to be paid by the losing party as fixed by the court. 19. COUNTERPARTS:. This License Agreement may be executed in counterparts, each of which is an original but all of which together constitute but one and the same instrument. Signature pages of this License Agreement may be detached from any counterpart and re -attached to any other counterpart of this License Agreement which is identical in form hereto but having attached to it one or more additional signature ages. 4 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. FOR: Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: CARL K. NEWTON, CITY ATTORNEY Uz City Attorney 5 EXHIBIT "A" DEPICTION OF PREMISES [SEE ATTACHED TWO PAGES]