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HomeMy WebLinkAboutCity Council Member Item - Mayor Pro Tem Posey and Councilmeo CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City CounciJ,Members From: Mike Posey, Mayor Pro Tern /A Erik Peterson, City Council Member Date: February 28, 2017 Subject: CITY COUNCIL MEMBER ITEM FOR THE MARCH 6, 2017, CITY COUNCIL MEETING — MODIFY CONDITIONS OF APPROVAL INCLUDED IN RESOLUTION FOR DOWNTOWN ESTABLISHMENTS WITH ALCOHOL SALES. STATEMENT OF ISSUE: In 2013, the City Council adopted Resolution No. 2013-24, which modified the list of required conditions of approval for eating and drinking establishments with alcoholic beverage sales and live entertainment located within the Downtown Specific Plan area, District 1. The resolution includes several conditions to address late night, alcohol -related problems downtown. All conditions apply to any new conditional use permit application for the establishment of a new eating and drinking establishment as well as any proposed amendments to an existing conditional use permit located with District 1. Recently, several establishments have proposed to either establish live entertainment or amend their existing conditional use permits to relocate their outdoor dining patio. Based on the conditions of Resolution No. 2013-24, these establishments must now amend their business operating hours and close at 12:00 Midnight, even if they have been closing at 1:30-2:00 AM for the past 25 years. Some locations on 5th and 3rd Streets would be required to close earlier at 10:00 PM. Any applicant can request an amendment to the conditions but the Resolution describes that only the City Council can approve a requested modification rather than any other reviewing body (PC or ZA). Currently, an amendment is reviewed by the Planning Commission with a recommendation to the City Council. Most business are able to comply with all the conditions of Resolution No. 2013-24 regarding alcohol sales and consumption. However, the stipulation to change existing business hours and close at 12:00 Midnight has resulted in hardship for several establishments. The Resolution may prevent some businesses from upgrading or improving their respective establishments. The existing midnight closure may also deter new businesses from establishing downtown. Conditions of Approval included in Resolution No. 2013-24 should be revised to allow existing establishments requesting discretionary approvals to continue with their existing business hours instead of being forced to close earlier. Instead of hours of operation being set by resolution, new businesses downtown should be evaluated on a case -by -case basis to determine appropriate business hours based on type of business proposed, location of establishment, and proximity to sensitive uses, such as residential. In addition, businesses that are cited for violations of conditions of a discretionary permit and/or entertainment permit may have their hours of operation reduced based on the severity of the violation. The reduction could be based upon a reduction per offense scale. For example: first offense, reduction in hours of operation by one hour; second offense, reduction by two hours, etc. In order to address these issues, the following motion is recommended: RECOMMENDED ACTION: Motion to: Direct staff to work with the City Attorney to explore the legal issues regarding modifying the Conditions of Approval included in Resolution No. 2013-24 to eliminate the hours of operation limitations for a 12:00 Midnight closure for new establishments and any additional amendments to the Conditions of Approval, including hours of operation for existing establishments and return with a new Resolution. xc: Fred Wilson, City Manager Michael Gates, City Attorney Ken Domer, Assistant City Manager Scott Hess, Director of Community Development Robin Estanslau, City Clerk 4�"'o �L� — (#OV'zy - Itt D T K CITY OF HUNTINGTON BEACH City Council Interoffice Communication Z��3 To: Honorable Mayor and City Council Members PRaAl' From: Mike Posey, Mayor Pro Tern (jlF � Erik Peterson, City Council Member Date: February 28, 2017 Subject: CITY COUNCIL MEMBER ITEM F R THE MARCH 6, 2017, CITY GGG" COUNCIL MEETING — MODIFY FOR DOWNTOWN ESTABLISHMENTS WITH ALCOHOL SALES. STATEMENT OF ISSUE: In 2013, the City Council adopted Resolution No. 2013-24, which modified the list of required conditions of approval for eating and drinking establishments with alcoholic beverage sales and live entertainment located within the Downtown Specific Plan area, District 1. The resolution includes several conditions to address late night, alcohol -related problems downtown. All conditions apply to any new conditional use permit application for the establishment of a new eating and drinking establishment as well as any proposed amendments to an existing conditional use permit located with District 1. Recently, several establishments have proposed to either establish live entertainment or amend their existing conditional use permits to relocate their outdoor dining patio. Based on the conditions of Resolution No. 2013-24, these establishments must now amend their business operating hours and close at 12:00 Midnight, even if they have been closing at 1:30-2:00 AM for the past 25 years. Some locations on 51h and 3rd Streets would be required to close earlier at 10:00 PM. Any applicant can request an amendment to the conditions but the Resolution describes that only the City Council can approve a requested modification rather than any other reviewing body (PC or ZA). Currently, an amendment is reviewed by the Planning Commission with a recommendation to the City Council. Most business are able to comply with all the conditions of Resolution No. 2013-24 regarding alcohol sales and consumption. However, the stipulation to change existing business hours and close at 12:00 Midnight has resulted in hardship for several establishments. The Resolution may prevent some businesses from upgrading or improving their respective establishments. The existing midnight closure may also deter new businesses from establishing downtown. Resolution No. 2013-24 should be revised to allow existing establishments requesting discretionary approvals to continue with their existing business ours instead of being forced to close earlier. Instead of hours of operation being set by resolution, new businesses downtown should be evaluated on a case -by - case basis to determine appropriate business hours based on type of d; locafion of establishment, and proximity to sensitive uses, such as residential. In addition, businesses that are cited_ for violations of conditions of a discretionary permit and/or entertainment permit may have their hours of operation reduced based on the severity of the violation. The reduction could be based upon a reduction per offense scale. For example: first offense, reduction in hours of operation by one hour; second offense, reduction by two hours, etc. In order to address these issues, the following motion is recommended: RECOMMENDED ACTION: Motion to: Direct staff to work with the City Attorney to explore the legal issues regarding modifying Resolution No. 2013-24 to eliminate the hours of operations limitations for a 12:00 Midnight closure for new establishments and any additional amendments to,REsoltrti©"G. including hours of operation for existing establishments and return with an areadsd Resolution. xc: Fred Wilson, City Manager Ken Domer, Assistant City Manager Robin Estanslau, City Clerk Michael Gates, City Attorney Scott Hess, Director of Community Development O d CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council tubers From: Mike Posey; Mayor Pro Tern Erik Peterson, City Council Mem r Date: February 28, 2017 Subject: CITY COUNCIL MEMBER ITEM FOR THE MARCH 6, 2017, CITY COUNCIL MEETING — MODIFY RESOLUTION FOR DOWNTOWN ESTABLISHMENTS WITH ALCOHOL SALES. STATEMENT OF ISSUE: In 2013, the City Council adopted Resolution No. 2013-24, which modified the list of required conditions of approval for eating and drinking establishments with alcoholic beverage sales and live entertainment located within the Downtown Specific Plan area, District 1. The resolution includes several conditions to address late night, alcohol -related problems downtown. All conditions apply to any new conditional use permit application for the establishment of a new eating and drinking establishment as well as any proposed amendments to an existing conditional use permit located with District 1. Recently, several establishments have proposed to either establish live entertainment or amend their existing conditional use permits to relocate their outdoor dining patio. Based on the conditions of Resolution No. 2013-24, these establishments must now amend their business operating hours and close at 12:00 Midnight, even if they have been closing at 1:30-2:00 AM for the past 25 years. Some locations on 5th and 3rd Streets would be required to close earlier at 10:00 PM. Any applicant can request an amendment to the conditions but the Resolution describes that only the City Council can approve a requested modification rather than any other reviewing body (PC or ZA). Currently, an amendment is reviewed by the Planning Commission with a recommendation to the City Council. Most business are able to comply with all the conditions of Resolution No. 2013-24 regarding alcohol sales and consumption. However, the stipulation to change existing business hours and close at 12:00 Midnight has resulted in hardship for several establishments. The Resolution may prevent some businesses from upgrading or improving their respective establishments. The existing midnight closure may also deter new businesses from establishing downtown. Resolution No. 2013-24 should be revised to allow existing establishments requesting discretionary approvals to continue with their existing business hours instead of being forced to close earlier. Instead of hours of operation being set by resolution, new businesses downtown should be evaluated on a case -by - case basis to determine appropriate business hours based on type of business proposed, location of establishment, and proximity to sensitive uses, such as residential. In addition, businesses that are cited for violations of conditions of a discretionary permit and/or entertainment permit may have their hours of operation reduced based on the severity of the violation. The reduction could be based upon a reduction per offense scale. For example: first offense, reduction in hours of operation by one hour; second offense, reduction by two hours, etc. In order to address these issues, the following motion is recommended: RECOMMENDED ACTION: Motion to: Direct staff to work with the City Attorney to explore the legal issues regarding modifying Resolution No. 2013-24 to eliminate the hours of operations limitations for a 12:00 Midnight closure for new establishments and any additional amendments to Resolution No. 2013-24, including hours of operation for existing establishments and return with an amended Resolution. xc: Fred Wilson, City Manager Ken Domer, Assistant City Manager Robin Estanslau, City Clerk Michael Gates, City Attorney Scott Hess, Director of Community Development RESOLUTION NO. 2013-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CONDITIONS OF APPROVAL FOR EATING AND DRINKING ESTABLISHMENTS WITH ALCOHOLIC BEVERAGE SALES AND LIVE ENTERTAINMENT WHEREAS, the City of Huntington Beach desires to maintain a vibrant and safe downtown commercial area to be enjoyed by visitors, residents and families; and Toward that end, the City Council has established standardized Conditions of Approval for Conditional Use Permits in the Downtown Specific Plan District 1 area with alcoholic beverage sales and/or an entertainment permit, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the Conditions of Approval set forth in Exhibit A attached hereto and incorporated by this reference shall apply to all eating and drinking establishments located in the designated area with alcoholic beverage sales. 2. That the Conditions of Approval set forth in Exhibit B attached hereto and incorporated by this reference shall apply to all eating and drinking establishments located in the designated area with alcoholic beverage sales and live entertainment. 3. These proposed conditions shall apply to conditional use permit applications applied for subsequent to adoption of this Resolution for new uses and amendments to existing conditional permit use applications and shall remain in effect as part of the Conditional Use Permit via a public hearing. Any amendments to these conditions must be approved by the City Council. 10-2396/97629.doc Resolution No. 2013-24 4. Resolution No. 2011-16 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of July 2013. 117 REVIE APPROVED: Mayor INITIA AND APPROVED: City a a er Director of P11nning and Building D AS TO FORM: Cit Attorn y 2 10-2396/97629.doc Resolution No. 2013-24 EATING AND DRINKING ESTABLISHMENTS WITH ALCOHOLIC BEVERAGE SALES: The following standard Conditions of Approval shall be part of any Conditional Use Permit from the Zoning Administrator or Planning Commission for the establishment of any eating and drinking establishment with alcohol beverage sales located within the Downtown Specific Plan area, District 1: 1) Hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight except for a business proposed in the following locations: a. West side of 5a` Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 a.m. to 10:00 p.m. b. East side of P Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m. 2) A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of house areas (such as areas used for cooking, kitchen preparation, office, storage, and restrooms) and outdoor dining areas. 3) Full food service menus shall be served, at a minimum, until One(]) hour before closing, and a cook and food server shall be on duty during these times. 4) Alcoholic drinks shall not be included in the price of admission to any establishment. 5) There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. 6) All alcohol shall remain on the establishment's premises, including within outdoor dining areas. 7) An employee of the establishment must be present at all times in areas within the establishment where alcohol is served. 8) All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. 9) Dancing and/or dance floor and/or live entertainment shall be prohibited unless a Conditional Use Permit and Entertainment Permit are approved by the City. 10) Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. II)The establishment shall follow all conditions of the alcohol license issued by the California Department of Alcoholic Beverage Control, as well as all other relevant portions of the Huntington Beach Zoning and Subdivision Ordinance and Huntington Beach Municipal Code. Resolution No. 2013-24 12)No new customers shall be permitted after 30 minutes before closing. 13) Last call for drinks shall be no later than 15 minutes before closing. 14) Only single -sized drinks and no multiple drinks shall be served after midnight. 15) Signage, posters, and advertizing with "Do Not Drink and Drive" shall be posted in the business. 16)Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on -site for review. 17)Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the police department for any criminal or civil investigation. 2 Resolution No_ 2013-24 EATING AND DRINKING ESTABLISIR rIENTS WITH ALCOHOLIC BEVERAGE SALES AND LIVE ENTERTAINMENT: The following standard Conditions of Approval shall be part of any Conditional Use Permit from the Zoning Administrator or Planning Commission and the Entertainment Permit from the Police Department for the establishment of any eating and drinking establishment Iocated within the Downtown Specific Plan area with alcohol beverage sales and entertainment, District 1: 1) Hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight except for a business proposed in the following locations: a. West side of 5`s Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 a.m. to 10:00 p.m. b. East side of P Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m. 2) A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of house areas (such as areas used for cooking, kitchen preparation, office, storage, and restrooms) and outdoor dining areas. 3) The seating capacity at all titres within the dining area, excluding outdoor dining areas, shall be able to accommodate a minimum of 100 people. 4) Full food service menu items shall be served, a minimum, until one (1) hour before closing, and a cook and food server shall be on duty during these times. 5) Alcoholic drinks shall not be included in the price of admission to any establishment. 6) There shalt be no requirement for patrons to purchase a minimum number of alcoholic drinks. 7) All alcohol shall remain on the establishment's premises, including within outdoor dining areas. 8) An employee of the establishment must be present at all times in areas within the establishment where alcohol is served_ 9) If dancing is allowed, the activity must be specifically identified as part of the Entertainment Permit and only in a pre -approved designated area. 10) Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. 11)No outside promoters can be used under any circumstances. 12) All exterior doors and windows shall be closed at all times during live entertainment. 10-2396197631.doc 1 Resom ion Not 013 - 24 13) All amplified entertainment conducted by a performer shall be confined indoors at all times. 14) If outdoor entertainment is allowed, it shall be limited to: a) Non -amplified entertainment with no more than two performers. b) Amplified entertainment limited to ambient music only. 15) Any outdoor entertainment shall not be audible beyond 50 feet of the source of the entertainment. 16) No entertainment shall be audible beyond 50 feet of the business in any direction. 17) All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. 18) All provisions of the entertainment permit required by section 5.44 of the Huntington Beach Municipal Code shall continue to apply. 19) No new customers shall be permitted after 30 minutes before closing. 20) Last call for drinks shall be no later than 15 minutes before closing. 21) Only single -sized drinks and no multiple drinks shall be served after midnight. 22) Signage, posters, and advertizing with "Do Not Drink and Drive" shall be posted in the business. 23) Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on -site for review. 24) Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the police department for any criminal or civil investigation. REST OF PAGE NOT USED 10-239&97631.doe 2 Res. No. 2013-24 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 July 1, 2013 by the following vote: AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis NOES: Harper ABSENT: None ABSTAIN: None City Uerk and ex-officio C rk of the City Council of the City of Huntington Beach, California Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Thursday, March 02, 2017 2:15 PM To: CITY COUNCIL; Agenda Alerts Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 28968 from the Government Outreach System has been assigned to Agenda Alerts. Request type: Comment Request area: City Council - Agenda & Public Hearing Comments Citizen name: Richardson Gray Description: Dear City Council Members, I have owned my home in our Downtown neighborhood for the last ten years. I am OPPOSED to any changes to Resolution No. 2013-24. If the Council needs to make an exception for a renovation of one or two existing Downtown alcohol establishments, renovations that should improve the residential quality of life for the surrounding Downtown neighborhood, this approach would be highly preferable to changing Resolution No. 2013-24. The Main Street area of Downtown already has an astronomical concentration of ABC establishments, a sizable multiple of the number recommended by the California ABC. The Main Street area of Downtown has by far the worst crime rate in all of the City, again a sizable multiple of the average crime rate in the City as a whole. For the entire City, we have ranked first of near the top ranking in the entire State for alcohol related auto accidents causing death or bodily injury for midsize cities for the last several years. All of these negative indices will only be worsened by the proposed changes to Resolution No. 2013-24. The overly rowdy late night bar scene in the Main Street area of Downtown tarnishes the entire City's image for residents, tourists, and businesses. This poor image in turn hurts property values throughout the City, and thereby hurts property tax revenues, the City's leading source of funding. I remain convinced that the City's first priority should be residential quality of life, as Huntington Beach is primarily a bedroom community. By making this goal foremost, I believe any revenue concerns the City might have will automatically take care of themselves through higher home values and the resulting higher property taxes. Thank you for considering my views. And I hope �'eou will ave Resolution No. 2013-24 in tact. SUPPLEA-1�� COMMUNICATION Richardson Gray Expected Close Date: March 3, 2017 Aeolfng Date: 3 Click here to access the request Agenda Item No..,- Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored.