HomeMy WebLinkAboutOrdinance #3232 ORDINANCE NO. 3232
An Ordinance of the City of Huntington Beach
Amending Articles 908, 922, 924 and 973 of the Huntington Beach
Ordinance Code and Amending Sections 4.3.01(a)(0), 4.5.01(a)(0),
4.6.01(d), 4.7.01(a)(0), 4.8.01(a)(0), 4.9.01(a)(0), 4.11.01, and 4.12.01(R)
of the Downtown Specific Plan
to Permit Outdoor Dining
WHEREAS, the City Council of the City of Huntington Beach wishes to allow outdoor
dining, and establish guidelines for said use,
NOW, THEREFORE, the City Council of the City of untington Beach does hereby
ordain as follows:
SECTION 1. Article 922 of the Huntington B ch Ordinance Code is hereby amended
by amending Section 9220.1(c)(0) thereof to read a follows:
O. Outdoor dining pursuant o section 9730.88
Outside uses pursuant too Section 9220.10
SECTION 2. Article 924 of they untington Beach Ordinance Code is hereby amended
by adding new Section 9241(a)(0)thereof to read as follows:
O. Outdoor din' g pursuant to section 9730.88
SECTION 3. The Downtown Specific Plan is hereby amended by amending Section
4.3.01(a)(0) thereof to read as/follows:
O. Office
b
Outdoor dining pursuant to Section 9730.88 of the
Huntington Beach Ordinance Code.
SECTION 4. The Downtown Specific Plan is hereby amended by adding new
Section 4.5.01(a)(0)thereof to read as follows:
O. Outdoor dining pursuant to Section 9730.88 ACTION
of the Huntington Beach Ordinance Code. NO
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SECTION 5. The Downtown Specific Plan is hereby amended by amendin Section
4.6.01(d)thereof to read as follows:
(d) Commercial Use - Commercial uses which are integrated
within and clearly incidental to an office use, shall be ;'
permitted provided that it cumulatively does not exceed ten
(10)percent of total gross floor area of the development.
The following uses shall be permitted: r°"
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Barber Shops (a maximum of two (2),ehairs);
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Beauty Shops (a maximum of two/(2) stations);
Prescription Pharmacies; "
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Restaurants/coffee shops (on site sale or
consumption of alcoholic/beverages is limited to
beer and wine only; out600r dining may be
permitted pursuant t "Section 9730.88 of the
Huntington Beach dinance Code);
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Parkin lots and`structures.
SECTION 6. The Downtown Specific Plan is hereby amended by amending Section
4.7.01(a)(0)thereof to read as follow
O. Office Sup;p'lies
Outdoor dining pursuant to Section 9730.88 of the
Hun tin on Beach Ordinance Code.
SECTION 7. h6 Downtown Specific Plan is hereby amended by amending Section
4.8.01(a)(0)thereof to�read as follows:
O. Offices
Office supplies
Outdoor dining pursuant to Section 9730.88 of the
Huntington Beach Ordinance Code.
0 CTION
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SECTION 8. The Downtown Specific Plan is hereby amended by adding new Section
4.9.01(a)(0)thereof to read as follows:
O. Outdoor dining pursuant to Section 9730.88
of the Huntington Beach Ordinance Code. 'y
SECTION 9. The Downtown Specific Plan is hereby amen ed by amending Section
4.11.01 thereof to read as follows:
4.11.01. Permitted uses. The followi uses and structures
shall be permitted in District#9 subject to pproval of a
Conditional Use Permit: hotels, motels, estaurants and
recreational facilities. Outdoor dini may be permitted pursuant
to Section 9730.88 of the Huntingt Beach Ordinance Code.
SECTION 10. The Downtow Specific Plan is hereby amended by amending
Section 4,12.01(R) thereof to read as fol ws:
R. Restaurants ' cluding fast food with takeout windows;
outdoor di g maybe permitted pursuant to
Section 9 30.88 of the Huntington Beach Ordinance Code)
RetailSales (beach-related)
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SECTION gl. rticle 908 of the Huntington Beach Ordinance Code is hereby amended
by adding new defini ions thereof to read as follows:
1. Beach Area: The ocean side of Pacific Coast Highway including the Bluff Top
ark area and the Pier.
2. Bluff Top Park Area: That area of improved beach access bounded on the south
by 9th Street continuing north to the dividing line of Bolsa Chica State Beach.
3. Mini-Parks: Areas under city ownership for purposes of open space, plazas,
landscape buffers or public gathering.
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4. Outdoor Dining: An area where a cafe/restaurant provides food service on either
public right-of-way, city owned open space, or privately owned open space.
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5. Physical Obstruction: Things that affect the use of property including but not
limited to light standards,trees, parking meters, trash receptacles, traffic signals,
signs, benches,phone booths, newspaper stands, bus stops, driveways,pedestrian
ramps, etc.
6. Pier: The structure owned by the city that extends from the terminatio of Main
Street at Pacific Coast Highway into the Pacific Ocean 1966 feet.
7. Pier Plaza: The area adjacent and contiguous to the pier.
8. Privately Owned Open Space: That area under private ownership that is
designated by a specific plan as required open space, required by condition of
approval, or required setback.
9. Public Right-of-Way: That property dedicated through acquisition or easement
for the public right-of-way which includes the area spanning from the property
line on one side of a street to the property line on the other side of a street.
SECTION 12. Article 973 of the Huntington Beach Ordinance Code is hereby amended
by adding new Section 9730.88 thereof to read as follows:
9730.88 Outdoor Dining. Outdoor dining on�ublic or private property may be permitted
subject to Use Permit approval by the Zoning Administrator and compliance with this section.
(a) Location and design criteria. ;
Outdoor dining shall confo' to the following location and design criteria:
1. The outdoor dining shall be an extension of an existing or proposed eating or
drinking establishment on contiguous property.
2. Outdoo4ining located on the sidewalk area of the public right-of-way shall be
limited to commercial areas within the Downtown Specific Plan.
3. O tdoor dining located on the sidewalk area of the public right-of-way shall
provide a minimum 8 foot clear passage area for pedestrian access. A wider clear
passage area may be required at the discretion of the Zoning Administrator.
4. A minimum 10 foot wide pedestrian walkway shall be provided when located in a
mini-park, public plaza or beach area.
5. Outdoor dining located on public property shall be separated from the clear
o, passage area on the public sidewalk.and/or pedestrian walkway by a temporary
cordon and removed when not in use.
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6. Outdoor dining on private sidewalk areas shall provide a minimum 8 foot clear
passage area for pedestrian access or a permanent cordon shall surround the
outdoor dining area and a minimum 5 foot clear passage area shall be provided.
7. At street intersections, the triangular area formed by measuring 25�eet along the
curb lines or the area formed by the extension of the property lines to the curb
lines, whichever is more restrictive, shall be clear passage area/
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(b) Factors to consider.
The Zoning Administrator shall consider the following factors regarding the location and
the design of the outdoor dining: r
l. The width of the sidewalk ;
2. The proximity and location of building entrances;
3. Existing physical obstructions including, but not limited to signposts, light
standards,parking meters, benches,phone booths, newsstands and utilities;
4. Motor vehicle activity in the adjacent roadway includingbut not limited to bus
stops, truck loading zones, taxi stands, hotel zones, oppassenger loading;
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5. Pedestrian traffic volumes; and
6. Handicapped accessibility. ``
(c) Operating Requirements, Provisions, and Conditions.
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1. A License Agreement including use`fees shall be obtained from the City for
outdoor dining located on publicproperty. The License Agreement shall be
subject to termination at any time upon a 10 day prior written notice upon
determination of the Zoning�Administrator that one or more of the conditions or
provisions of this section have been violated or that one or more factors listed in
Subsection B above have changed and the permitted use is no longer compatible
with the intended use:;of the public right-of-way or public property. Termination
of a License Agreement shall nullify the Use Permit.
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2. The applicant shall enter into a Maintenance Agreement with the City for
maintenance of all portions of the public property used and approved by the
Zoning Administrator for the outdoor dining. Said agreement shall be submitted
to and approved by the Department of Public Works prior to commencement of
the use;.
3. All 16utdoor dining operators shall provide a public liability insurance policy as
spOcified in all current insurance resolutions. Such liability insurance shall be
provided in a form acceptable to the City Attorney. The policy shall name the
{'City of Huntington Beach as an additional insured and shall be maintained at all
times.
4,1111, An outdoor dining operator shall not sell to motorists or persons in vehicles.
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5. The applicant(or operator) shall pay all fees and deposits required by the
Huntington Beach Municipal Code and Ordinance Code, including the fee
established for use of public property,prior to operation of the outdoor dining use.
6. All provisions of the Huntington Beach Municipal Code shall apply.
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7. No alcohol beverages may be served on public property except asl approved by the
City and screened from pedestrian activity to the satisfaction of the Planning
Commission.
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8. The Use Permit may be transferred upon sale or transfer,of the restaurant subject
a written request approved by the Zoning Administrator and the property owner.
An amendment to the License Agreement will be required prior to transfer of the
Use Permit for outdoor dining on public property:='A Use Permit transfer or
license renewal or amendment may be denied if"one or more of the factors listed
in Subsection B above have changed and thelpermitted use is no longer
compatible with the intended use of the public right-of-way.
(d) Parking.
No additional parking shall be required for outdoor dining if the outdoor dining area does
not exceed one of the following:
Restaurants 1,200 sq. ft. Maximum 5 tables
of gross floor area or less: and 20 seats
Restaurants greatethan Maximum of 20% of
1200 sq. ft. of grass floor area: the restaurant area,
not to exceed 400 sq. ft.
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Any outdoor dining area%Mich exceeds these standards shall provide 100% of the required
parking for the entire area.
(e) Enforcement.'
Enforcement of this Section shall be by the.Community Development Director or his/her
designated agent.
SECTION 13. Any outdoor dining that has been established without prior Use Permit
approval/shall obtain a Use Permit and if located on public property, a License Agreement within
90 days following the effective date of this ordinance.
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SECTION 14. This ordinance shall take effect thirty days from the date of its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on this day of , 1994.
Mayor
ATTEST: APPROVED.AS TO FORM:
City Clerk City Attorney F�
LI — yq
REVIEWED AND APPROVED: INITIATED AND APPROVED:
it Administrator Community Developmi6nt Director
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LEGISLATIVE DRAFT
ORDINANCE NO. 3232
/
An Ordinance of the City of Huntington Beach
Amending Articles 908, 922, 924 and 973 of the Huntington Beach
Ordinance Code and Amending Sections 4.3.01(a)(0), 4.5.01(a)(0),.:
4.6.01(d), 4.7.01(a)(0), 4.8.01(a)(0), 4.9.01(a)(0), 4.11.01, and 4.12 01(R)
of the Downtown Specific Plan
to Permit Outdoor Dining �
WHEREAS,the City Council of the City of Huntington Beach wishes to allow outdoor
�r
dining, and establish guidelines for said use, s
NOW, THEREFORE, the City Council of the City'Mof Huntington Beach does hereby
ri
ordain as follows: 6
SECTION 1. Article 922 of the Huntington Beach Ordinance Code is hereby amended
by amending Section 9220.1(c)(0)thereof to read as follows:
O. Outdoor diningipursuant to section 9730.88
Outside uses.pursuant to Section 9220.10
r
SECTION 2. Article.924 of the Huntington Beach Ordinance Code is hereby amended
by adding new Section 9241(a)(0)thereof to read as follows:
O. Outdoor dining pursuant to section 9730.88
SECTION 3 The Downtown Specific Plan is hereby amended by amending Section
4.3.01(a)(0)thereof to read as follows:
�y
r}u O. Office
Outdoor dining pursuant to Section 9730.88 of the
Huntington Beach Ordinance Code.
SECTION 4. The Downtown Specific Plan is hereby amended by adding new
Section 4.5.01(a)(0)thereof to read as follows:
NO
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O. Outdoor dining pursuant to Section 9730.88
of the Huntington Beach Ordinance Code.
SECTION 5. The Downtown Specific Plan is hereby amended by amending Section
4.6.01(d)thereof to read as follows:
(d) Commercial Use - Commercial uses which are integrate
within and clearly incidental to an office use, shall be
permitted provided that it cumulatively does not exceed ten
(10)percent of total gross floor area of the development.
The following uses shall be permitted: �l
Barber Shops (a maximum of two chairs);
Beauty Shops (a maximum of two (2) stations);
Prescription Pharmacies; g
t
Restaurants/coffee shop(on-site sale or
consumption of alcoholic beverages is limited to
beer and wine only;outdoor dining may be
permitted pursuaat to Section 9730.88 of the
Huntington Beach Ordinance Code);
Parking lots and structures.
SECTION 6. The Down vvn Specific Plan is hereby amended by amending Section
4.7.01(a)(0)thereof to read as follows:
O. Offic'e Supplies
Outdoor dining pursuant to Section 9730.88 of the
Huntington Beach Ordinance Code.
SECTION7. The Downtown Specific Plan is hereby amended by amending Section
4.8.01(a)(0)thereof to read as follows:
/O. Offices
Office supplies
Outdoor dining pursuant to Section 9730.88 of the
Huntington Beach Ordinance Code.
LItJJI CT�CM
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SECTION 8. The Downtown Specific Plan is hereby amended by adding new Section/
4.9.01(a)(0)thereof to read as follows:
O. Outdoor dining pursuant to Section 9730.88
of the Huntington Beach Ordinance Code.
SECTION 9. The Downtown Specific Plan is hereby amended by amending Section
4.11.01 thereof to read as follows:
4.11.01. Permitted uses. The following uses and structures
shall be permitted in District#9 subject to approval of a,°"
Conditional Use Permit: hotels, motels, restaurants and
recreational facilities. Outdoor dining may be permitted pursuant
to Section 9730.88 of the Huntington Beach Ordinance Code.
SECTION 10. The Downtown Specific Plan is hereby amended by amending
Section 4.12.01(R)thereof to read as follows:
R. Restaurants (including fast°°food with take out windows;
outdoor dining may be permitted pursuant to
Section 9730.88 of the�ftuntington Beach Ordinance Code)
Retail Sales (beach-related)
SECTION 11. Article 908 73 of the Huntington Beach Ordinance Code is hereby
.97
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amended by adding new clef Seetio 97�
definitions thereof to read as follows:
7774."9'9OQ C[e��QqLT privatedining on ublie or- pI'QpCrL1Z may�i VeiZ�IriCCGCT
,3(a) Definitia s. efi.b.isSeetion,the following words shall ha-ve the me
defined her-e , b,
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1. Beach Area: The ocean side of Pacific Coast Highway including the Bluff Top
41
Park area and the Pier.
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2. r'Ay Bluff Top Park Area: That area of improved beach access bounded on the south
!� by 9th Street continuing north to the dividing line of Bolsa Chica State
Beach 3.Miai-Damp. Areas, „der-,,;ty orship for-o p o f re o,
Fie
plazas, lafldseape buffer-s or-publie gathering. AC
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3. Mini-Parks: Areas under city ownership for purposes of open space,plazas,
landscape buffers or public gathering.
4. Outdoor Dining: An area where a cafe/restaurant provides food service'on either
public right-of-way, city owned open space, or privately owned opens space.
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5. Physical Obstruction: Things that affect the use of property including but not
limited to light standards,trees, parking meters,trash receptacles,traffic signals,
signs, benches, phone booths, newspaper stands, bus stops driveways,pedestrian
ramps, etc.
6. Pier: The structure owned by the city that extends from the termination of Main
Street at Pacific Coast Highway into the Pacific Ocean 1966 feet.
7. Pier Plaza: The area adjacent and contiguousio the pier.
8. Privately Owned Open Space: That aresdunder private ownership that is
designated by a specific plan as required open space, required by condition of
approval, or required setback. '
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9. Public Right-of-Way: That property dedicated through acquisition or easement
for the public right-of-way which includes the area spanning from the e3aema4
side of the sidew-allE pr®.perty line on one side of a street to the extema4 side 4
the side property line on the other side of a street.
SECTION 12. Article 973 of the Huntington Beach Ordinance Code is
hereby amended by adding new Section 9730.88 thereof to read as follows:
t
41
9730.88 Outdoor Di}�ning. Outdoor dining on public or private property may
be permitted sub,ect to Use Permit approval by the Zoning Administrator
and compliance with this section.
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(a)(b) Location)and design criteria.
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Outdoor dining shall conform to the following location and design criteria:
1. . The outdoor dining shall be an extension of an existing or proposed eating or
drinking establishment on contiguous property.
2. Outdoor dining located on the sidewalk area of the public right-of-way shall be
limited to commercial areas within the Downtown Specific Plan.
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4\s\Ord:Otdrdng Leg.Draft\04/21/94
3. Outdoor dining located on the sidewalk area of the public right-of-way shall
provide a minimum 8 foot clear passage area for pedestrian access. A wider
clear passage area may be required at the discretion of the
Zoning Administrator.
4. A minimum 10 foot wide pedestrian walkway shall be provided when locat" ed in a
mini-park,public plaza or beach area.
5. Outdoor dining located on public property shall be separated from the clear
X
passage area on the public sidewalk and/or pedestrian walkway°by a temporary
cordon and removed when not in use.
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6. Outdoor dining on private sidewalk areas shall provide a
minimum 8 foot clear passage area for pedestrian access or a
permanent cordon shall surround the outdoor dining area and a
minimum 5 foot clear passage area s"ll be provided.
7.6-. At street intersections, the triangular area°formed by measuring 25 feet along the
curb lines or the area formed by the extension of the property lines to the curb
lines, whichever is more restrictive shall be clear passage area.„
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(b)(e) Factors to consider.
The Zoning Administrator shall consider the following factors regarding the location and
the design of the outdoor dining:
1. The width of the sidewalk ;
2. The proximity and location of building entrances;
3. Existing physical obstructions including, but not limited to signposts, light
standards,parking meters, benches,phone booths, newsstands and utilities;
s.
4. Motor vehicle activity in the adjacent roadway including but not limited to bus
stops, truck loading zones, taxi stands, hotel zones;or passenger loading;
5. Pedestrian traffic volumes; and
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6. Handicapped accessibility. & °
f
c Operating Requirements Provisions and"tonditions.. kTAKE
1. A License Agreement including use fees shall be obtained from the City for
outdoor dining located on public property. The License Agreement shall be
subject to termination at anyftime upon a 10 day prior written notice upon
determination of the Zoning Administrator that one or more of the conditions or
provisions of this section have been violated or that one or more factors
listed in Subsection B above have changed and the permitted use
is no longer corn,patible with the intended use of the public right-
of-way or public property. Termination of a License Agreement shall
nullify the Use Permit.
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2. The applicant','shall enter into a Maintenance Agreement with the City for
maintenance'of all portions of the public property used and approved by the
Zoning Administrator for the outdoor dining. Said agreement shall be submitted
to and approved by the Department of Public Works prior to commencement of
the use:i!
3. All outdoor dining operators shall provide a public liability insurance policy as
specified in all current insurance resolutions. Such liability insurance shall be
provided in a form acceptable to the City Attorney. The policy shall name the
City of Huntington Beach as an additional insured and shall be maintained at all
times.
4. An outdoor dining operator shall not sell to motorists or persons in vehicles.
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4\s\Ord:Otdrdng Leg.Draft\04/21/94
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5. The applicant(or operator) shall pay all fees and deposits required by the
Huntington Beach Municipal Code and Ordinance Code, including the fe�
established for use of public property, prior to operation of-Ahe
outdoor dining use.
6. All provisions of the Huntington Beach Municipal Code shall apply.
7. No alcohol beverages may be served on public property except as approved by the
City and screened from pedestrian activity to the satisfaction of
the Planning Commission.
8. The Use Permit may be transferred upon sale or transfer of the restaurant subject
a written request approved by the Zoning Administrator and the property owner.
An amendment to the License Agreement, if 6;pfieable, will be required prior to
transfer of the Use Permit for outdoor dining on public property. A
Use Permit transfer or license renewal or amendment may be
denied if one or more of the factors listed in Subsection B above
have changed and the permitted use is no longer compatible with
the intended use of the prublic right-of-way.
(d)(43 Parking.
Pa-r-king for-etAdoer-dining @#-pr-ivate pr-opefty shall be pFevided on site at one half t
J
ratio required by Af ti el�60- fief t 4 Testa-1 rffiat building. No additional parking shall be required
for outdoor dining on p4he pr-"eft- if the outdoor dining area does not exceed one
of the following:
Restaurants 1,200 sq. ft. Maximum 5 tables
of gross floor area or less: and 20 seats
Restaurants greater than Maximum of 20% of
1200 sq. ft. of gross floor area : the restaurant area,
r
not to exceed 400 sq. ft.
Any outdoor dining area which exceeds these standards shall provide 100%
of the required parking for the entire area.
(e)(g) Enforcement.
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Enforcement of this Section shall be by the Community Development Director or his/her
designated agent. PI
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4\s\Ord:Otdrdng Leg.Draft\04/21/94 `rM AKEN
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(a) SECTION 4-3.13. Any existing outdoor dining that has been established without prior
Use Permit approval shall obtain a Use Permit and, if applieable, located on pu tic
property, a License Agreement within 90 days following the effective date of tl�" ordinance.
SECTION
C ION 4-314. This ordinance shall take effect thirty days from the date of its
adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on this day of , 1994.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney �''�- y-7_1-+y
REVIEWED AND APPROVED: /INITIATED AND APPROVED:
City Administrator Community Development Director
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TA Kati
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4\s\Ord:Otdrdng Leg.Draft\04/22/94