HomeMy WebLinkAboutCity Council - 2008-41 RESOLUTION NO. 2008-41
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADOPTING A POLICY RELATING
TO TEMPORARY OUTDOOR RETAIL SALES ON PRIVATE
PROPERTY WITHIN THE DOWNTOWN SPECIFIC PLAN AREA
WHEREAS, the City Council of the City of Huntington Beach desires to improve the
processing of applications for outdoor retail sales within the boundaries of the Downtown Specific
Plan, which area is depicted in the map attached hereto as Exhibit "A" and incorporated herein by
this reference; and
To this end, the City Council solicited the participation of interested members of the
community and formed the Downtown Ad-hoc Committee to assist in the establishment of a
policy for the review of applications for temporary use permits for outdoor retail sales within the
boundaries of the Downtown Specific Plan; and
On June 12, 2008, this committee approved standards and requirements for certain outdoor
retail sales events within the Downtown Specific Plan boundaries. The committee further
recommended that the City Council adopt the policies, standards and requirements attached hereto
as Exhibit "B" as an expression of the City's intent to further regulate temporary outdoor retail
sales on private property within the Downtown Specific Plan consistent with the City's Zoning
and Subdivision Ordinance.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve that it does adopt the policies included in Exhibit "B", which is incorporated herein by
this reference, as a clear statement of the City's policy to review applications for temporary use
permits for the purposes of carrying out outdoor retail sales on private property within the
Downtown Specific Plan area.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21 s t day of JU1V 2008
Mayor
REVIEWTD7A D APPROVED: INITIAT APPROVED:
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City Administrator D ire"cto\v o FP1 'ng
AP OVED AS TO FORM:
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08-1688/23844
Exhibit "A", Resolution No. 2008-41
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June 12, 2008
Exhibit "B", Resolution No. 2008-41
CITY OF HUNTINGTON BEACH
Downtown Ad-hoc Committee
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SUBJECT: TEMPORARY OUTDOOR RETAIL SALES ON PRIVATE PROPERTY-
DOWNTOWN POLICY
DATE: June 12, 2008
Temporary outdoor sales shall be subject to approval of a Temporary Use Permit(T.U.P.)
by the Zoning Administrator and the following standards:
® A T.U.P. shall permit outdoor sales/display events subject to the following
limitations:
❑ 5 years maximum per permit
❑ 50 days maximum per calendar year
❑ 10 consecutive days maximum
❑ Prior (10 days minimum) to commencement of the use each year, a schedule (dates) for
temporary sidewalk sales events to occur in that year shall be submitted to the Planning
Department for review and approval.
® Outdoor sales and merchandise displays shall comply with the following:
1. The outdoor sales area shall be entirely confined to private property. Any encroachment
into the public right-of-way shall be prohibited.
2. The sales area shall be cordoned off along the property line with a minimum 36" high
barrier with intermittent openings as necessary for customer access.
3. A four-foot wide clearance shall be maintained around all merchandise displays.
4. A ten-foot wide clear path of travel shall be maintained along the public sidewalk,
adjacent to outdoor display areas.
5. All required exits and access ways to the tenant space, as determined by the Building &
Safety Department (BD), shall be maintained clear and free of obstructions. The
minimum required access width shall be 48 inches. Required pathways for patron and
disabled access shall be maintained clear of obstructions. (BD)
6. All overhead obstructions shall be a minimum of 80 inches above the walking surface.
(BD)
7. Furniture pieces shall weigh less than 35 pounds each. (BD)
8. All sales transactions shall occur inside the store except when adequate space is
provided in the outdoor sales area for cash register queuing, as determined by the
Zoning Administrator. Where outdoor sales transactions are permitted, the store
EXHIBIT B
Exhibit "B", Resolution No. 2008-41
manager shall be responsible for ensuring that no more than five (5) customers are in
the queue for the cash register at any time.
9. Sales to patrons in vehicles or in the public right-of-way shall be prohibited.
10. Line formations within the public right-of-way shall be prohibited.
11. Customers shall be prohibited from trying on clothing or other merchandise while in the
public right-of-way.
12. Sales events, including associated furniture, structures, patron lines, etc., shall not in
any way interfere with access to any commercial establishment.
13.All displays associated with outdoor sales events shall be maintained in an orderly,
uncluttered and aesthetically pleasing condition, and present a family-friendly
atmosphere.
14. All outdoor displays, associated furnishings and accessories, including but not limited to
display tables, table cloths/skirts, cashier stations, canopies and employee uniforms,
shall be color coordinated.
15. No sign(s) shall be posted outside of the designated display area or on the public art
installation.
16.All display tables shall be skirted and all boxes and storage containers shall be
concealed from view.
17.Awnings, canopies or other equivalent shade cover, as determined by the Zoning
Administrator, shall be required for all outdoor sales/displays.
18. All signage shall be uniform per business in design, color(s), placement, etc. and
professional in appearance.
19. After initial warnings, Code Enforcement staff may order immediate cessation of any
temporary outdoor sales event operating in violation of the conditions of approval of the
Temporary Use Permit.
EXHIBIT B
Res. No. 2008-41
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 21, 2008 by the following vote:
AYES: Hansen, Bohr, Cook, Coerper, Green, Carchio
NOES: None
ABSENT: Hardy
ABSTAIN: None
City(Aerk and ex-officio C rk of the
City Council of the City of
Huntington Beach, California