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HomeMy WebLinkAboutDowntown eating and drinking establishments - alcohol bevera Esparza, Patty From: Stephenson, Johanna Sent: Tuesday, February 22, 2011 8:01 AM To: Flynn, Joan; City Clerk's Office Subject: FW: Regarding Agenda Item#17 Front: Kim Kramer [mailto:kim@e-mailcom.com] Sent: Friday, February 18, 2011 6:05 PM To: CITY COUNCIL Cc: Hess, Scott; Barbara Delgleize; Small, Ken; Wilson, Fred Subject: Regarding Agenda Item #17 Dear City Council, I will be out of town Tuesday, February 22nd, exhibiting at a trade show in Colorado Springs, and will not be able to speak at the City Council meeting. Regarding Agenda Item #17, if you approve the changes to Resolution 2010-05, you will be opening the door for more ABC licenses in the Downtown area. Although some may think a simple Type 41 license that stops at 10pm or midnight does not contribute to the "problem" downtown, it does, and it also sends the wrong message. Our downtown is being destroyed and stripped of its value for the downtown residents, one location at a time. Retail stores are closing and more and more ABC licenses are being issued. I encourage you to support residential quality of life for downtown residents. Please reverse the Council's long-standing position of more alcohol growth in the Downtown area. Kim Kramer HBDRA COMMUNICATION MeetkV Date_ Agenda Item No. / -7 i Frcrm: 02/20/2011 13:26 #204 P.001/003 HIJNTINGTON BEACH TOMORROW P. O. BOX 865,HUNTINGTON BEACH,CA 92648 "Making a difference today for Huntington Beach tomorrow" Phone: (714)840-4015 E-Mail: info@hbtomorrow.org Website:www.bbtomorrow.org February 17,2011 1 ¢ Huntington Beach City Council Sent by fax,copies to City Council please ✓ (�j%1r7 fax 714-536-5233 2000 Main St. Huntington Beach,CA 92648 RE 2/22/11 Agenda Item 17 Issue 2 Conditional Use Permits for Serving Alcohol Dear City Council Members: Huntington Beach Tomorrow agrees there is confusion regarding when alcohol may be served per the Resolution 2010-05.We believe rules in place should be applied equitably to all businesses and the hours of operation need to be clear as to service of food and alcoholic beverage sales. Issue 2 refers to conditional use permits.We recommend the existing rules continue to apply to those who currently have conditional use permits as well as those who apply in future for conditional use permits. We support the recommendations of the Planning Commission regarding conditional use permits applied for in 2011. We recommend Agenda Item 17 be deferred to the next City Council Agenda to allow staff time to bring forward recommendations as well as community input for constructive and clear hours of operation. The letter sent to Sharkey's Owner by Chief of Police reflects a positive action for enforcement and as proposed in Issue 2,our concern is the action taken will be undone and the entertainment permit for Sharkey's then would not be suspended 3-1-11.Please address this concern in your discussion of Issue 2. On 7-20-10 Chief Small received your approval to act and the rules currently in place are valid and enforcement should not be amended from the direction agreed to by City Council to Police. Making exceptions to rules in place for service of alcohol is not acceptable. Clarifying hours of operation for service of alcohol which differ from hours of service for food is a positive step for business owners who serve food and alcohol in their establishment.Police need to retain tools to enforce rules in place to apply to all business owners. sincerely, Karen ,tackle _ President rid MID F � [ ([ Huntington Beach Tomorrow I--..�7 el.Int"angton Beach Z/ Cyrf CnUNCIL OFFICE Agenda Item No. / From: 02/20/2011 13:27 #204 P.0021003 Executive Summary 2 f The Huntington Beach Police Department currently operates a very robust anti- DUI program consisting of a wide variety of strategies that approach the issue using a variety of methodologies. The police department's DUI strategy has met with a great deal of success which has been recognized by a number of community stakeholder groups including Mothers Against Drunk Driving and the California Office of Traffic Safety. The police department places a high priority on DUI driving enforcement and will continue to emphasize the importance of the issue as well as maintain a constant vigil of self examination regarding the strategies employed to ensure the use of emerging technology and techniques to combat the DUI driver. The police department has been awarded$1.4 Million in grant funding during the last five years to support a wide variety of DUI strategies. We will continue to aggressively search out and apply for available funding sources including grants to support our on-going DUI efforts. The police department currently uses and plans to continue employing the below listed strategies to deal with the issue of DUI drivers: • Sustain policy and organizational culture that place great emphasis on DUI • Compulsory blood draws on refusals • Every 15 Minutes Program • Responsible Beverage Service training • DUI Checkpoints • Saturation Patrols • DUI Team of specially trained and equipped officers • Arrest Tracking • Arrest Warrant Detail • Aggressive use of helicopter to identify and apprehend DUI's Listed below are new strategies the police department plans to,or has recently employed: • Send notification letters to all ABC licensed establishments when a patron is arrested for DUI We do this in hopes that a responsible business owner will evaluate their business practices and the conduct of their employees to minimize the likelihood of future patrons leaving their establishment impaired. In doing so,our goal is to prevent a significant number of DUI accidents and reduce the number of injuries and deaths. From: 02/20/2011 13:27 #204 P.0031003 HUNTINGTON BEACH TOMORROW P.O.BOX 865,HUNTINGTON BEACH,CA 92648 "Making a difference today for Huntington Beach.tomorrow" Phone: (714)8404015 E-Mail: info@hbtomorrow.org Website:www.hbtomorrow.org CC February 17,2011 Kenneth W. Small fax 714-536-5605 Chief of Police City of Huntington Beach RE: Sharkey's Letter per policy 7-20-11 Dear Chief Small: Huntington Beach Tomorrow (HBT) shares your concern regarding the DUI count for Huntington Beach and commends the policy presented at the 7-20-11 City Council Meeting. As follow-up to that policy, (page detailing policy follows) your letter went to Sharkey's suspending their entertainment permit effective March 1,2011. We support this policy as well as actions recommended by the PIanning Commission related to following the rules regarding new licenses without making exceptions. Existing businesses and those requiring renewal of their licenses must follow the same rules. Training employees is the responsibility of the business management. We ask as concerned residents what constructive steps we can recommend through Huntington Beach Tomorrow to make our city safe to enjoy an evening out locally. A copy of this note will go to City Council with the recommendation to review how to encourage those who drink not then drive.While we can choose where we take our business are there any other positive steps you recommend.? Our mission (www.hbtomorrow.ora) supports quality of life in our city and we commend you for taking steps in line with the policy in place for all businesses which serve alcohol. Sincerely, , KAREN JACKLE President Huntington Beach Tomorrow o C� �d CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable City Cou it Members From: Joe Carchio, Mayor Keith Bohr, City Council Member Date: February 14, 2011 Subject: CITY COUNCIL MEMBER ITEM FOR FEBRUARY 22, 2011, CITY COUNCIL MEETING — CLARIFICATION OF CITY COUNCIL RESOLUTION 2010-05 STATEMENT OF ISSUE: On December 15, 2008, the City Council established an ad hoc committee to focus on improving the environment in the downtown area during the summer months, holidays, and weekend nights. The Downtown Image Committee met monthly between February 2009 and August 2009 to study the various issues. On August 17, 2009, the committee forwarded its recommendations to the City Council. On January 19, 2010, the City Council adopted Resolution No. 2010-05 that 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. Based on discussions with business owners and members of staff, it is our belief that there may be confusion regarding the interpretation and implementation of certain provisions of Resolution No. 2010-05. Our goal is to give further direction to staff to clarify the intent of the City Council in regards to certain provisions of Resolution No. 2010-05. ISSUE NO. 1 Exhibit A (1) and Exhibit B (1) of the resolution state that the hours of operation shall be limited to between 7.00 a.m. and 12:00 a.m., except for business proposed on the west side of 5th Street between Walnut Avenue and Orange Avenue and the east side of 3rd Street between Walnut Avenue and Orange Avenue where the hours of operation shall be limited to between 7.00 a.m. and 10:00 p.m. RECOMMENDED ACTION: Direct staff that the hours of operation are meant to apply to alcohol sales only. There is no intent to prohibit the sale of food after those hours. City Council Member Item—Clarification of City Council Resolution 2010-05 Page 2 February 14,2011 ISSUE NO. 2: The resolution states that the proposed conditions shall apply to conditional use permit applications applied for subsequent to the adoption of the resolution. RECOMMENDED ACTION: Direct staff that the proposed conditions shall apply to conditional use permit applications applied for subsequent to the adoption of the resolution only when the permit is a new request for either the service of alcoholic beverages or entertainment. In situations where there is an existing conditional use permit that allows the service of alcoholic beverages or alcoholic beverages and entertainment, the resolution shall not apply. ISSUE NO. 3: Exhibit No. B (12) states that all exterior doors and windows shall be closed at all times during live entertainment. RECOMMENDED ACTION: Direct staff that the Police Department has the authority to waive this provision when, in their opinion, the nature of the entertainment (time, type of entertainment, location within the business, etc.) will not interfere with people outside the business or create a public safety concern. xc: Fred Wilson, City Manager Paul Emery, Deputy City Administrator Bob Hall, Deputy City Administrator Joan Flynn, City Clerk Ken Small, Police Chief RESOLUTION NO. 2010-05 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 i 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 and shall remain in effect unless modified by the reviewing body as part of the Conditional Use Permit via a public hearing. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January ,2010 a R.EVIE D APPROVED: INITIAPPROVED: CityPp�istrator Dir or of MaKiing anatuilding APPROVED AS TO FORM: Attorn y U 42685 Resolution No. 2010-05 EXHIBIT A 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 5u' 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(1)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. 11)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. 10-2396/42679 Resolution No. 2010-05 EXHIBIT B EATING AND DRINKING ESTABLISHMENTS 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 located 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 5d' Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 am. 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 am. 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 times 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 shall 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. 10-2396142680 1 Resolution No. 2010-05 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. REST OF PAGE NOT USED 10-2396/42680 2 Res. No. 2010-05 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH 1 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 January 19, 2010 by the following vote: AYES: Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: Carchio n Ciy Clerk and ex-offici , lerk of the City Council of the City of Huntington Beach, California S_. rtzt�rr...$.�, Council/Agency Meeting Held: —/9 -og0/D Deferred/Continued to: A roved - ❑ C n itionally Ap roved .�.De Cit ler 's ignatur Council Meeting Date: 01/19/10 Department ID Number: PL-10-02 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C*FECONOMIC L MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST . SCOTT HESS, DIRECTOR OF PLAAND BUILDIN6� PREPARED BY. STANLEY SMALEWITZ, DIRECT R DEVELOPMENT KEN SMALL, POLICE CHIEF 0- Ae-v1? SUBJECT: ADOPT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING STANDARD CONDITIONS OF APPROVAL FOR EATING AND DRINKING ESTABLISHMENTS WITH ALCOHOL SALES AND/OR LIVE ENTERTAINMENT WITHIN THE DOWNTOWN SPECIFIC PLAN AREA— DISTRICT 1. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Transmitted for your consideration is a request to adopt a resolution adopting standard conditions of approval for eating and drinking establishments with alcohol sales and/or live entertainment within the Downtown Specific Plan Area — District 1. The list of standard conditions is a result of recommendations by City staff and the Downtown Image Committee, which presented their recommendations to the City Council at their August 17, 2009 meeting. Funding Source: Not applicable. Recommended Action: Motion to: "Adopt Resolution No. 2010-05 a Resolution of the City Council of the City of Huntington Beach establishing conditions of approval for eating and drinking establishments with alcohol beverage sales and live entertainment. (ATTACHMENT NO. 1)" REQUEST FOR ACTION MEETING DATE: 01/19/10 DEPARTMENT ID NUMBER:PL-10-02 Alternative Action(s): The City Council may make the following alternative motion(s): "Continue the adoption of Resolution No. 2010-05 and direct staff accordingly." Analysis: As a result of the December 15, 2008, City Council meeting, staff was directed to establish an Ad Hoc Committee to focus on improving the environment within the downtown area. The Downtown Image Committee was established and met monthly since February 2009 to study various issues within the downtown area. At the August 17, 2009, City Council meeting, staff presented the Downtown Image Committee's recommendations and indicated that some recommendations would be brought back to the City Council for further direction. The recommendations presented to the City Council related to public safety included: • Increase fines for entertainment permit violations • Create standardized conditions for new entertainment permits • Provide information to new tenants requesting alcohol licenses • Mitigating impacts to residence adjacent to businesses requesting new entertainment permits • Establishment of residential permit parking zones Over the past several months, Planning, Economic Development and Police Department staff have been working together to develop standardized conditions for new entertainment permits along with standardized conditions for eating and drinking establishments proposing alcohol sales. The draft lists include the following proposed conditions: Conditional Use Permit for Alcohol Sales: 1. Hours of operation shall be limited to between the hours of 7:00 a.m. and 12:00 a.m. except for businesses proposed on the west side of 5th Street and east side of 3rd Street between Walnut and Orange shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. 2. A minimum of 70 percent of the net floor area shall be designated as dining area. 3. Full food service menus shall be served, at 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. G:\RCAs\2010\PL10-02(Standard Conditions).doc -2- 1/11/2010 4:55 PM REQUEST FOR ACTION MEETING DATE: 01/19/10 DEPARTMENT ID NUMBER:PL-10-02 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 a dance floor and/or live entertainment shall be prohibited unless a conditional use permit and entertainment permit are obtained. 10. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. 11. The establishment shall follow all conditions of the alcohol license issued by the California Department of Alcohol Beverage Control, as well as all other relevant sections of the Huntington Beach Municipal Code and Zoning and Subdivision Ordinance. Conditional Use Permit and Entertainment Permit for Live Entertainment: 1. Hours of operation shall be limited to between the hours of 7:00 a.m. and 12:00 a.m. except for businesses proposed on the west side of 5th Street and east side of 3rd Street between Walnut and Orange shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. 2. A minimum of 70 percent of the net floor area shall be designated as dining area. 3. The seating capacity at all times within the dining area, excluding outdoor dining areas, shall be able to accommodate a minimum of 100 people. 4. Full food service menus shall be served, at minimum, until one 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 shall 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 during times of entertainment. 13. All amplified entertainment conducted by a performer shall be confined indoors at all times. . 14. Outdoor entertainment 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. G:\RCAs\2010\PL10-02(Standard Conditions).doc -3- 1/11/2010 3:42 PM REQUEST FOR ACTION MEETING DATE: 01/19/10 DEPARTMENT ID NUMBER:PL-10-02 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. In order to change the current nightclub atmosphere, which has created a public safety issue along with compromising the surrounding neighborhoods' quality of life, the Police Department recommends the hours of operation be limited to between 7:00 a.m. to 12.00 a.m. Additional conditions may be added or the list may be modified based on each proposed use and reviewed on a case by case basis. The final list of approved conditions of approval will be subject to the applicable hearing body and final action. The standardized conditions of approval will apply to new eating and drinking establishments requesting a conditional use permit for alcohol sales and/or live entertainment. Existing eating and drinking establishments with a valid conditional use permit for alcohol sales and/or live entertainment will not be subject to the standardized conditions of approval unless the use ceases operation for more than 12 consecutive months. In addition to the standardized conditions, the Planning and Economic Development Departments will be providing information and handouts at their respective public counters to educate potential downtown business owners the concerns regarding live entertainment and/or alcohol sales. Providing this information early in the application process will help potential downtown business owners understand the conditions of approval that will be placed on their application. Approval of the resolution is an administrative item, which does not require a public hearing. Staff recommends the City Council approve the resolution for the creation of standardized conditions of approval for eating and drinking establishments with alcohol sales and/or live entertainment. Environmental Status: Not applicable. Attachmentls): • . . - Nurriber No. ®- 1. Resolution No.2010-05 _ _ A Resolution of the City Council of the City of Huntington Beach establishing conditions of approval for eating and drinking establishments with alcohol beverage sales and live entertainment. GARCAs\2010\PL10-02(Standard Conditions).doc -4- 1/11/2010 4:55 PM ATTACH MEN T # 1 RESOLUTION NO. 2010-05 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: I. 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 and shall remain in effect unless modified by the reviewing body as part of the Conditional Use Permit via a public hearing. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January , 2010 if a REVIE D APPROVED: INITI ED A D APPROVED: City P1 istrator Dire or of lanning an uilding APPROVED AS TO FORM: Attorn y 42685 Resolution No. 2010-05 EXHIBIT A 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 5ch 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 (1)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. 11)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. 10-2396/42679 Resolution No. 2010-05 EXHIBIT B EATING AND DRINKING ESTABLISHMENTS 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 located 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`h 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 3rd 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 times 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 shall 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. 10-2396/42680 1 Resolution No. 2010-05 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. REST OF PAGE NOT USED 10-2396/42680 2 Res. No. 2010-05 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 January 19, 2010 by the following vote: AYES: Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: Carchio Ci Clerk and ex-officioalerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: Standard Conditions for Alcohol and Live Entertainment with the Downtown Specific Plan Area COUNCIL MEETING DATE: January 19, 2010 RCA,fA►TTACFENTS : STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached " ❑ Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attorne Attached ❑ ( pp Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable If applicable) Attached Bonds ❑ ( pp ) Not Applicable Staff Report If applicable) Attached ❑ p ( pp ) Not Applicable Commission,'Board or Committee Re ort If applicable Attached El p ( pp ) Not Applicable s/Conditions for Approval and/or Denial Attached Find ings/Cond ❑ 9 pp Not Applicable EXPLANATION'FOR MISSING ATTACHMENTS City Attorney is preparing two resolutio W„ x REi/IE ED RET(JkNED FOR 4 DED Administrative Staff 11 ILI ( ) Assistant City Administrator Initial City Administrator (Initial) of 15 ) City Clerk ( ) EXPLANATION:;FOR:RETURN OF-ITEM - . - Only, RCA Author: SH: HF: JK Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, January 19, 2010 8:51 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#3404 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Description: I am writing to you to express that I do not think Huntington Beach should ban beer pong. I have been playing for about 7 years now, I did not learn this game in school rather I was introduced by people who play this game for skill rather then drinking and getting drunk. I am also proudly a part of the group Southern California Beer Pong. They run tournaments and leagues through out the year at different bars and some have been in the Huntington Beach area. They do not play with beer, instead, they play with water in the cups and any drinking that is done is done on the side. They do not promote drinking at all. If you do not want to drink, then you don't have to. This game is played for the skill of the game and the competition of it. Not as an excuse to party and get out of control. The people that come to these events are like a family and are very respectful of each other. I think its ridiculous that they are even considering a ban on beer pong. Since most play with water in the cups with drinking on the side what is the difference from playing pool or darts while having a beer?Are those games going to be banned too? Expected Close Date: 01/20/2010 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 1/19/2010 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, January 19, 2010 8:31 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#3397 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Jennifer Conant Description: I understand your concern about the presence of drinking games in public facilities. I also understand how drinking games can put both the business establishment and general public in jeopardy once an intoxicated individual leaves for the evening. I wholeheartedly support any restriction on games that force patrons to drink as part of the rules. However,there are countless games that may be played in the privacy of one's home that the city could never ever keep up with. I believe that the proposed regulation on beer pong exclusively is missing the real issue at hand. Beer pong (contrary to it's name) does not always have to be played with beer. There are entire organized leagues and tournaments and communities that play this game with water in the game cups.No one is forced to drink, and everyone is completely responsible for their own individual alcohol consumption. Allowing the game to still be played with water makes it similar to darts or pool, or any other game played in a bar. If a ban on drinking games in general was passed, but still allowed for "water pong" to be played,I believe the overall goal would still be met. There is a very active, responsible, vibrant, and growing community of people around the country that participate in organized tournaments every year to compete for a ticket to the World Series of Beer Pong every January in Las Vegas. Satellite tournaments are held across the nation for teams to win their entry to this championship tournament. Huntington Beach's ability to host these types of satellite tournaments has successfully brought in visitors from all over California to participate in these events. Putting a ban on beer pong exclusively is not only unfair, but will undoubtedly affect any local bar's ability to maximize their profits. Expected Close Date: 01/20/2010 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 1/19/2010 � Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, January 19, 2010 8:54 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#3405 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Blair Evans Description: While I agree that there is a problem with drunken idiots in Downtown HB, I do not think an ordinance outlawing beer pong and other drinking games will help the problem. There are many responsible adults who play these games, do not get out of control, and have a DD or cab take them home. Punishing everyone for some out of town morons is way too harsh a penalty. How do you know the people urinating or throwing up in residents' yards were playing drinking games to begin with? I understand the need to clean up downtown. This proposed ordinance will not help. Also, at what point will these ordinances make it prohibitive for the bars/restaurants to even be in the downtown area?I strongly urge you to vote down this measure and look at real solutions, not bandaids that this committee has proposed. Expected Close Date: 01/20/2010 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 1/19/2010 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, January 19, 2010 10:23 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#3409 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Michael Seivert Description: When you look at this beer pong ban you need to focus on what really is going to make a difference and what the really problem is. Your biggest problem at the moment is eliminating binge drinking, and your thought is a drinking game encourages that. One possibility is eliminating games in bars and restaurants that encourage or require drinking. But on the basis of sanctioned tournament 90% of these tourneys are played with water in the cups to eliminate over drinking, and to make it clear that you are playing a game like darts or pool, the game we play in bars is a lot more competition and fun gathering than a binge drinking contest. Everyone has the sterotype that this tourney's we run involve heavy amounts of drinking, when in reality some people don't drink at all durring an event but just love this game as a sport and competition. thanks, Mike Expected Close Date: 01/20/2010 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 1/19/2010 Page 1 of 2 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, January 19, 2010 11:21 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#3414 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Gregory S. Description: I am here to address and ONLY,comment on the meeting being held tonight concerning the game of Beer Pong and its status to be banned from being played in your city. Let's be totally honest with ourselves and not waste anyone's time. If you are trying to clean up the downtown atmosphere, getting rid of beer pong is not at all going to solve it. One official has stated that they "Are trying to encourage better citizenship". How do you truly define citizenship? Is it not swearing, drinking, and having a social common interest? The definition of citizenship is the quality of an individual's response to membership in a community, but,NO MATTER WHAT you are still going to have violent crimes, and traffic violations. I have been to many tournaments now. One thing that is upheld that is if you fight or start trouble YOU'RE GONE.No questions asked you're done. Look even w ithout beer pong, do you realize how many people commit violent crimes? Alcohol is alcohol and people will be people. Beer Pong is not going to be a direct result of ones actions. If you are going to ban beer pong you might as well ban all games in bars that you can drink during, such as pool, darts, and even the video games on the bar counter you play for a quarter. You drink during those games as well. Does that sound ridiculous, and farfetched? If you think it does, you need to stop and rethink this over. What are we doing here?Arguing over A GAME! Go figure. Something I would like to point out. When people play beer pong with others it creates a common interest atmosphere. What happens in a common interest atmosphere? It creates a subtlety amongst one another. There are two sides to everything, and with beer pong there are two kinds of players. Tournament players and party players. Party players only play at home, or at parties with their friends, with no designated ru le system, time limit etc. Tournament players take it to a whole other level. There are rules, time limits, and regulations. In fact we as tournament players play with WATER. We put our drinks on the side. Tournament players aren't concerned with getting drunk, only to play the next . game. In tournament rules (WSOBP RULES) you are not forced to drink. It's taken very seriously and professionally. Ask any beer pong player that normally plays at tournaments how professionally they take this up and coming sport. With the economy the way it is, why on earth would you want to take profitable structure out of the picture of your city? What do I mean? Beer pong is an attraction now, and attracting business to bars and other places with beer pong products and events. Ever notice how ping pong balls are now hung in the beer 1/19/201009 Page 2 of 2 section in stores? Why because stores KNOW that product will sell if it's by the alcohol products. You put beer pong in bars you're going to attract busine ss. INSTEAD of outlawing beer pong, put a regulation on it"ONLY WSOBP RULES ARE ALLOWED TO BE CONDUCTED" Why WSOBP Rules? It works, it's structured, you are not forced to drink, and it's widely known. If people are worried about how excited we get when we play well, let me put it in perspective. If you have ever played in a competitive sport, you know what it's like to celebrate, sulk in defeat, and get fired up for the game. Even Brett Favre raises his hands when he scores a touchdown. Look you can't judge it, until you try it. Come watch a tournament, COME PLAY IN IT! Guess what,you don't have to drink. You can just have fun. So before you make judgment on this issue, ask yourself, is it really going to stop the real issues we as humans face on a day to day basis? Thank you for reading my comment, and taking the time to think about the points I have explained. I hope we all can come to an agreement. Expected Close Date: 01/20/2010 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 1/19/2010 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, January 19, 2010 11:27 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#3415 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Peter Rusch Description: Members of City Council - I have a short comment regarding the following condition of resolution 2010- 05: "Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited." I co-founded Southern California Beer Pong (www.socalbeerpong.com) in 2007. We've hosted numerous competitive tournaments in Huntington Beach. To combat the negative stigma of being a drinking game, we run all of our events with water in the cups. To us, consumption of alcohol is not part of the game. In essence, we are promoting a skill game that evolved from a drinking game - so "beer" in the name of"beer pong" has only symbolic meaning. We've brought business to a couple of Huntington Beach bars (Blue Cafe & Sandbox Grill), and would hate to stop those working relationships. As worded, the resolution allows our version of the game, as we do not require nor involve consumption during our events. I support the resolution as long as it does not single out the game "beer pong", which can be played in a responsible manner, with water in the cups. Thanks for your time, Peter Rusch Cofounder of Southern California Beer Pong www.socalbeerpong.com peter@socalbeerpong.com Expected Close Date: 01/20/2010 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 1/19/2010 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, January 19, 2010 11:40 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#3418 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Todd Description: Have you guys even been to a tournament we play with water in the cups for the reasons of drinking and driving getting wasted, if you knew the only place that uses beer is at the hotels because no driving is envolved the beer pong your talking about banning is called back yard beer pong not competition pong huge difference you guys should research before acting on this you willl never ban backyard beer pong in HB where people act like fools,play with beer and fight. Why ban us the competition Pong players we dont use beer and when was the last reported fight that was at a organized tourney. Expected Close Date: 01/20/2010 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 1/19/2010 Web-Based Email :: Print eP 1 RECEIVED FP,t)1 R FOR COUNCIL p,9EETil�O AS PUBLIC R � OF CLLK t FiCE Print ( Close Window JOAN FLYNN,C's,:YC1ERIi Subject: Agenda#19 Establishing Standard Conditions for Restaurants Serving Alcohol / From: info@hbr4bdt.com Date: Tue,Jan 19, 2010 5:38 pm To: city.council@surfcity-hb.org Cc: city.clerk@surfcity-hb.org Bcc: "Angela Rainsberger"<arainsberger@gmail.com>, I am pleased that the City Council is establishing standard conditions for new restaurants with alcohol sales and Entertainment Permits. After reading the proposed Resolution 2010-05 I have three proposed amendments or clarifications. The proposed Resolution is limited to the "establishment" of restaurants serving alcohol. "Establishment" of restaurants does not clearly j include expansions. It does not include the expansion or modifications of Entertainment Permits, and it does not include District 6, the pier area. 1. These new standards should also pertain to existing establishments seeking significant I modifications to their existing Conditional Use Permits (CUP) or Entertainment Permits. Significant Modifications would include expansion of hours of operation, changing the type of alcohol licence with ABC, expansion of patron capacities, adding live music, changing music format, and adding or expanding dance floor areas. Intent: Many of the existing Downtown establishments have been expanding their hours, type of Entertainment Permit, or the type of alcohol sales. Example: An establishment initiates business as a simple pizza shop serving beer and wine and closing at 10 pm. A few years latter this same establishment expands serving all types of alcohol, staying open until 2 am, with a Entertainment Permit. This clarification is intended to limit the expansion of existing restaurants into nightclubs. 2. District 6 should be included since it is part of the Downtown area and burdens the neighborhood and police department the same ways as District 1. I do not believe District 6 currently has any Entertainment Permits for live music or dancing. 3. The Planning Department should be directed to maintain a list of existing restaurants with alcohol sales within each Downtown district, type of alcohol licence, operating hours, patron and staff capacities, Entertainment Permits, and brief summary of Entertainment Permit (live music, dance floor,etc.). This list should be a tool to assist decision makers of the current conditions, and should be made available the public. While establishing standards is a step in the right direction, I would also like to see a cap on the number of restaurants serving alcohol in the Downtown area. Thank you for your consideration. Richard Plummer rplummer@hbr4bdt.com Copyright©2003-2010.All rights reserved. http://email0l.secureserver.net/view_print_multi.php?uidArray=281(INBOX.Sent_Items&... 1/19/2010 LIC RECORD FOR C NCI MEETING RECEIVED F B CITY CLERK OFF E 'o �x JOAN L FLYNN,CITY CLERK tE �< a `MILLI ' TEVATOR ro a n �a � �Xi��� Council/Agency Meeting Held:_ Deferred/Continued to: *Ap ov d ❑ Conditionally Approved ❑ Denied -C.A Ci Cle k' ignatu e Council Meeting Date: 8/17/2009 Department ID Number: ED 09-51 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: CITY COUNCIL MEMBERS DON HANSEN, JOE CA CHID, AN DEVIN DWYER 4Va PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEV LOPMEN-� SUBJECT:SUBJECT: RECOMMENDATIONS OF THE DOWNTOWN IMAGE COMMITTEE Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On December 15, 2008, the City Council established an,,Ad-Hoc. ,Committee-to focus on improving the environment in the downtown area during the summer months, holidays, and weekend nights. The Downtown Image Committee has met monthly since February 2009 to study the various issues. ;,Some--of the recommendations-will-be ,brought back-to-.the Council with the Downtown-Specific-Plan:= Funding Source: Not Applicable. Recommended Action: Motion to: 1. Direct the City Attorney and Chief of Police to make necessary amendments to the Entertainment Permit and modify the Fee Resolution regarding penalties; 2. Direct Planning, Community Services, Public Works and Economic Development to review existing policies and activities as recommended by Council. Alternative Action(s): Modify the recommendations and/or do not direct staff to bring back the requested information. Plummer, Richard From: plumbch@aol.com Sent: Tuesday, January 19, 2010 1:41 AM To: Plummer, Richard Subject: Fwd: Recommendations Attachments: Busin essAttraction Recommendations.doc From: KFritzal@surfcity-hb.org To: pinestchick@yahoo.com, Plumbch@aol.com, lovessurfcity@gmail.com, tyler.farrar@live.com, ron@sharkeez.com, cmar@sharkeez.net, FREDSinHB@aol.com, ReJOYCES@aol.com, tony@bluewaterpedicabs.com, dain@courtcapital.net, HBNews1@aol.com, andrew@gallagherspub.com, dkalmick@gmail.com, robert@rmadesign.net, ryanleeper@sharkeez.net, coletteschildren@aol.com, kim@e- mailcom.com CC: Kirsty.Wapner@surfcity-hb.org, Simone.Slifman@surfcity-hb.org Sent: 6/2/2009 12:55:10 P.M. Pacific Standard Time Subj: Recommendations Attached is a draft of all the comments and recommendations from the sub-committee. Please review and send back your comments. 1 - i Ad Recommendations from the Business Variety and Nightlife Committee The goal of the committee was to create a unique, charming retail destination in Downtown Huntington Beach. The Downtown area will be characterized by individualistic style that is for the individual of all ages and families. The Downtown will have independent boutiques, galleries and an array of culinary influences that provide breakfast, lunch and dinner. Downtown can offer a full day of enjoyment from early morning surfing or yoga classes to afternoon lattes to candlelit dinners. l. Create a Buffer Area around the Core Area. The core of Downtown has a dense concentration of bars and restaurants("Entertainment District")driving rents higher and nudging out retail stores. The Entertainment District continues to spread; creating noise,traffic and trash onto adjoining residential neighborhoods. Recommendation: City should use their various tools of land use, financial incentives,hours of operations,permits/license,and persuasion to encourage unique neighborhood serving, less impact business uses on streets surrounding the Entertainment District(Main Street between Pacific Coast Highway and Orange Street,Walnut Street and Pacific Coast Highway between Is'and 6�" Street.) Unique such as such as retail stores,business and personal services,wine bar, coffee bars,offices and restaurants. The goal is to create a buffer around the Entertainment District with lower impact businesses that do not need to compete with higher rent paying intensive business uses. 2. Target 30+Years Olds. The business variety and attraction primarily targets teenagers and young people in their twenties(retail,restaurant and entertainment.) Recommendation: Encourage new businesses(retail and restaurant)that target all age groups, including 30+. Example bookstores,wine bar,art gallery,jazz or comedy club,and boutiques. Recommendation: Increase Pierside activities targeting 30+residents. Examples include fundraising events,classic rock or soft jazz concerts and movies. The goal is create a downtown for all demographic groups living in Huntington Beach. 3. Create a Balanced Business Variety. The business variety and attractions primarily targets tourists and people living in the greater region. Downtown reaches near capacity on summer weekends and year round on weekend nights (peak time),while on week days(non-peak time)the number of customers and patrons is low. Recommendation: Encourage new business that target local residence and patrons during non peak times. Examples include small(organic) grocery stores, hardware store,bakery, coffee bar,business services,pet store,child day care, flower shop,bank,medical offices, and personal/business services. The goal is to create a balance of business for locals,tourists,and people living throughout the region, and to create a steady flow of patrons during the peak and non-peak times. 4. Transportation. The City should create a more bike friendly environment. Late at night,when bars are closing,many patrons empty into the streets creating a loud environment while waiting for taxis. Recommendation: Create a second cab pick up zone. Recommendation: Provide additional bicycle parking. Recommendation: Encourage other forms of transportation such as the pedi-cabs and shuttle buses between the downtown,hotels and other locations. 5. Parking. Retail patron's using free parking on residential streets adjoining Downtown, creates noise,trash and related problems late at night when the bars close,which places a large burden on the adjoining residential neighborhood. Recommendation: City Council review installation of permit only parking on adjoining residential streets after 10:00 p.m. Recommendation: Allow downtown businesses to purchase and use parking validations for up to three hours. Recommendation: Create a way-finding systems incorporating directional signage for parking/retail and restaurants (directing traffic away from residential neighborhoods). Recommendation: Flat(low)rate systems for public parking(7 or 8 pm)to encourage patrons to park in the structure. Recommendation: Allow development to purchase parking stalls in City structures/lots in lieu of developing new parking. OIJ 6. Library Site Maintained for Public Uses. Current draft specific plan rezones the Main Library site to allow future development. Recommendation: No future private business should be allowed at the library site. A MYTH 1) Adding extra density will create a renaissance of retail stores and neighborhood services in DTHB. HB City Staff argues that Downtown needs future 4 to 5 story buildings and very high residential density (50 DU/Acre) to create enough demand to stimulate new retail stores. The city's EIR estimates 648 new Dwelling Units (DU) will be developed in the Downtown core area. If the current 3-story height limit were to remain, about 448 DU would be developed. So does City Staff believes 200 more DU will cause a renaissance? There are currently over 7000 people that live within a 10 minuet walk of Downtown, plus the 516 DU to be built two blocks away at Pacific City. The city has already failed at capturing the very high disposable income ($96,219) of these 7000 adjoining residents. Adding 200 more DU, and ruining the "Village Concept" with big boxy buildings will not stimulated retail development. MYTH 2) The existing buildings are blighted and not viable. HB City Staff believes that Main Street (north of Orange) and 5th Street (north of Walnut) is blighted and we must have new big boxy buildings with minimal parking, to create a viable neighborhood. Every retail space along Main Street north of Orange is occupied with viable tenants. Most of these businesses are neighborhood serving and bring HB locals to Downtown during non-peak times, creating a balanced Downtown. The City's own Specific Plan (page 8-2) refers to these properties as "viable" but high density development is the only way to stimulate new development. The fact is these areas are not blighted. Let future development happen naturally, within the current scale of Downtown. MYTH 3) New 4 and 5 story buildings will blend into the Downtown Neighborhood. The 1983 Downtown Specific Plan established the concept that the tallest buildings would be situated at Main Street and PCH, and building heights would be reduced on city blocks moving north. Currently, three buildings along PCH are 4 storys. All buildings north of Walnut are 3 storys or less. The remaining sites for future development are skinny lots with alleys behind them. New 4 and 5 story buildings developed on these lots will seem out of scale and they will dwarf over the adjoining one and two story houses. It is not possible to build a 5 story on a small lot and have it blend into a "Village Concept" neighborhood. MYTH 4) Tourist will patronize shops 4 and 5 blocks from the beach. The city's original plan was to have a large tourist destination on Triangle Park luring tourist to shops along north Main Street. The City has wisely abandoned this plan, yet they still plan on replacing the viable businesses along north Main Street without an anchor to draw shoppers. No new large garages are planned in north Main Street. So what will draw tourist to an area so far from parking and the beach? Sounds like a recipe for a ghost town during non-peak periods and many vacant retail shops. MYTH 5) The Updated Specific Plan will solve the current parking problems. The HB City staff assures us that new high-density development will provide adequate parking and help solve the shortage of parking during peak periods. In reality, for the past 12 years the city allows up to 50% of the required parking for new development to be excused by the city through a in-lieu parking fee. The city collects a low fee from the developer to build the parking in a future city garage. The city currently has a requirement to build 263 in-lieu parking spaces. According to the DTSP the city is planning on relying on the in-lieu parking program to subsidize the development costs for the new high-density buildings. The DTSP is eliminating the 2000 Parking Master Plan and has no plan to build a new city parking garage. As new development occurs along north Main Street, the convenient surface parking lots will be eliminated and replaced with under-parked high-density development. Neighborhood services will be substantially reduced because locals will not want to patronize shops with inconvenient paid parking. The best example of this is the new CVS Drug Store in The Strand. The Updated DTSP should have a plan to build a new city garage and provide convenient free short-term parking for neighborhood services. MYTH 6) Adding new Downtown restaurants and bars will increase city income. Restaurants and bars generate substantial sales tax and the HB Downtown District (with 55 of these establishments) generates some of the highest taxes in HB. The Updated Specific Plan continues this plan with over a 50% increase in the number of new restaurant and bars. The problem with this plan is restaurant/bars require expensive city services such as police, fire/paramedics, cleaning and maintenance. The HB City staff is only looking at the revenue projections and not the added costs to the city. Downtown restaurant/bars are also closing because of over-saturation, and increase security issues are scarring away many HB residents. The city needs to develop a new Downtown business plan that creates a balance between residents and tourist, and promotes new office and retail uses that creates a balance during peak and non-peak periods. If the city allows bars to continue to increase without limitation this ghost town will eventually be filled with the only thing that can make money in an area so saturated by bars that the local population avoids it, more bars. The atmosphere of the bars will drive out other business and the local population and the associated crime will creep into the neighborhood. Police services are being cut back and the DTSP states that almost no new police resources will be needed. MYTH 7) The City knows and understands the impact Pacific City will have on the Downtown neighborhood. Pacific City was planned and entitled during 2002 to 2005. The developer started construction on this very large 31 acre, 1,000,000 square foot development with a major hotel, restaurants and 516 DU. In 2007, the financing fell apart. Similar large developments are now selling for less than 50%, and it does not appear Pacific City will be completed for at least five years. When it is completed, who knows how it will be developed. Traffic studies, security issues, demands for city services, estimated retail sales, and parking studies, are educated estimates by experts, but until a massive project like this is developed and seasoned, know one really knows the impact it will have on the Downtown neighborhood. HBN is in favor of the development of Pacific City, but the city should delay planning high-density development along north Main Street until the impacts of Pacific City are understood. MYTH 8) Downtown HB needs to turn into a destination center that is pedestrian friendly. The Updated DTSP wants to turn Downtown into a walkable tourist destination center. Downtown is already a successful pedestrian friendly commercial center with large parking facilities. Our beaches and pier are major destinations for tourist, and the adjoining commercial area services these tourist during peak periods. During non-peak periods the commercial district is empty. The Downtown neighborhood is the densest neighborhood in HB with high household incomes. Over 22,000 residence live within one mile of Downtown and many of these neighbors already walk or bicycle to the main Street area. If the city would focus on higher quality shops, family oriented entertainment, and a variety of neighborhood services, the residents would shop more Downtown while leaving their cars at home.