HomeMy WebLinkAboutOrdinance #3433 �ce 3- 1�- 2000
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ORDINANCE NO. 3433
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH AMENDING
THE DOWNTOWN SPECIFIC PLAN BY AMENDING
SECTION 4.2.33 THEREOF ENTITLED "OUTDOOR DINING"
WHEREAS, the City Council of the City of Huntington Beach has previously adopted the
Downtown Specific Plan; and
Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning
Commission and Huntington Beach City Council have held separate, duly noticed public hearings to
consider amending Section 4.2.33 of the Downtown Specific Plan, entitled"Outdoor Dining"; and
After due consideration of the findings and recommendations of the Planning Commission and
all other evidence presented, the City Council finds that the aforesaid amendment is proper and
consistent with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as
follows:
SECTION 1. That Section 4.2.33 of the Downtown Specific Plan, entitled "Outdoor Dining,"
is hereby amended to read as set forth in the document attached hereto as Exhibit "A," which document
is incorporated by this reference as though fully set forth herein.
SECTION 2. This ordinance shall become effective 30 days after its adoption, or upon
certification of the California Coastal Commission, whichever occurs later.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of December 1999.
Mayor
ATTEST: APPROVED AS TO FORM:
(Amen from first reading on 8/2/99)
City Clerk t Attorney,
REVIEWED AND APPROVED: 1NIT TED AND APPROVED:
City Xd'ministrator rector ofxLnning
ord/j mf/jn/outdoor/11/23/99
Attachment A to Res. No,. 99-104
Ord. 3433
AMENDMENT
DOWNTOWN SPECIFIC PLAN
OUTDOOR DINING W/ALCOHOL
November 23, 1999
4.2.33 Outdoor dining: Outdoor dining on public or private property may be permitted
subject to conditional use permit approval by the Zoning Administrator and
compliance with this Section.
(1) Location and design criteria.
Outdoor dining shall conform to the following location and design criteria:
a. The outdoor dining shall be an extension of an existing or proposed
eating establishment on contiguous property.
b. Outdoor dining located on the sidewalk area of the public right-of-
way shall be limited to commercial areas within the Downtown
Specific Plan.
c. Outdoor dining located on the sidewalk area of the public right-of-
way of the first block of Main Street and Pacific Coast Highway
within District 3 and on the Municipal Pier shall provide a minimum
ten (10) foot clear passage area or pedestrian access. Outdoor dining
located on the sidewalk area of the public right-of-way and on all
other areas shall provide a minimum eight (8) foot clear passage area
for pedestrian access. A wider clear passage area may be required at
the discretion of the Zoning Administrator.
d. No outdoor dining shall be allowed in mini-parks, publicly owned
plazas, or beach areas excluding concession carts with no seating.
e. Outdoor dining establishments which do not serve alcohol and are
located on public property shall be separated from the clear passage
area on the public sidewalk and/or pedestrian walkway by a
temporary cordon and removed when not in use.
f. Establishments which serve alcoholic beverages outdoors are
required to provide a physical barrier of 36 inches in height
surrounding the outdoor dining area that will prohibit passing of
alcohol through the barrier.
g. All tables, chairs, and umbrellas of outdoor dining located on public
property shall be removed when not in use.
h. Outdoor dining on private sidewalk areas shall provide a minimum
eight (8) foot clear passage area for pedestrian access or a permanent
cordon shall surround the outdoor dining area and a minimum five
(5) foot clear passage area shall be provided.
jmf/jn/ordinance/outdine/11123/99 1
Exhibit A to Ord. No. 3433
Ord. 3433
i. At street intersections, the triangular area formed by measuring 25
feet along the curb lines, shall be clear passage area.
j. Temporary, mobile or free-standing food service providers are not
eligible under these provisions.
(2) Operating requirements, provisions, and conditions.
a. 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 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
4.2.33 have been violated or that one or more factors listed in
Subsection(5)below 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 conditional use permit.
b. 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.
C. 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.
d. No food or beverages of any nature shall be sold to any occupant or
rider of any motor vehicle or bicycle.
e. Alcoholic beverages shall be served in glass containers only. Each
glass container shall be permanently printed with a number
identifying the establishment serving alcohol.
f. The applicant (or operator) shall pay all fees and deposits required by the
Huntington Beach Municipal Code, including the fee established for use of
public property, prior to operation of the outdoor dining use.
g. All provisions of the Huntington Beach Municipal Code and Zoning
and Subdivision Ordinance shall apply.
h. Alcoholic beverages may be served on public and/or private
property subject to the provisions provided herein.
i. The conditional use permit may be transferred upon sale or transfer
of the restaurant subject to 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
jmf/jn/ordinance/outdine/11/23/99 2
Ord. 3433
conditional use permit for outdoor dining on public property. A
conditional use permit transfer or License Agreement renewal or
amendment may be denied if one or more of the factors listed in
Subsection(5)have changed and the permitted use is no longer
compatible with the intended use of the public right-of-way.
(3) Parking.
Parking shall comply with the Huntington Beach Zoning and Subdivision
Ordinance or the Downtown Parking Master Plan; however, no parking
spaces shall be required for the outdoor dining portion of the restaurant if the outdoor dining area does not exceed the following:
Total Restaurant Area Outdoor Dining Area
1) 1,200 sq. ft. or less with: Maximum 5 tables
and 20 seats
2) greater than 1,200 sq. ft. with: Maximum of 20% of
the restaurant area,
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.
(4) Enforcement.
Enforcement of this Section 4.2.33 shall be by the Community
Development Director or his/her designee.
Any outdoor dining use within the Downtown Specific Plan that has been
established without prior conditional use permit approval must obtain a
conditional use permit and if located on public property, a License
Agreement within 90 days following the effective date of this ordinance.
Any establishment that plans to serve alcoholic beverages in an outdoor
dining area must obtain a new conditional use permit and a new License
Agreement from the City.
(5) Necessary Findings
In order to approve outdoor dining the Zoning Administrator shall make
the following findings:
a. The sidewalk's public use, pedestrian, transit and business
services including but not limited to loading zones, bus stops,
public phones, and benches, are not restricted.
b. Building entryways are not obstructed.
C. Pedestrian traffic volumes are not inhibited.
d. Handicapped accessibility is provided where required.
jmf/jn/ordinance/outdine/11/23/99 3
Ord. No. 3433
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 ordinance was read to said City Council
at a regular meeting thereof held on the 2.nd da, of August, 1999, and was again read
to said City Council at a regular meeting thereof held on the 6th day of
December, 1999, and was passed and adopted by the affirmative vote of at least a
majority of all the members of said City Council.
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff
NOES: Bauer
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City Council,
do hereby certify that a synopsis ofthis ordinance has been
published in the Independent on
l6 19
In accordance with the City Charter ofsaid City City Clerk and ex-offici0 Crerk
Connie Brockway City Clerk of the City Council of the City
4�f� dl, Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
12/7/99