HomeMy WebLinkAboutResolution 2008-41 Adopt Policy Relating to Temporary Use Pe Council/Agency Meeting Held: Z! D
Deferred/Continued to:
�'` pro ed ❑ Conditionally Approved ❑ Denied 'tl r s Sig re
Council Meeting Date: 7/21/2008 Department ID Number: ED 08-28
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBE
SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR
PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT
SCOTT HESS, DIRECTOR OF PLANNIN6U°
SUBJECT: ADOPT 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
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: As a result of the August 20, 2007 City Council Meeting, staff was
directed to form a committee reviewing handbill distribution, outdoor retail sales displays, and
newsrack issues in the downtown. This staff report includes an analysis of the limitations of
regulating handbills and a recommendation from the Downtown Ad-hoc Committee to
approve a policy on Temporary Use Permit (TUP) outdoor retail sales on private property
within the downtown specific area boundary. -
Funding Source: Not applicable
Recommended Action: Motion to: Adopt Resolution No. 2008- 41 a Resolution of the
City Council of Huntington Beach adopting a policy relating to temporary outdoor retail sales
on private property within the Downtown Specific Plan Area.
Alternative Action(s): Do not adopt a Resolution of the City Council of Huntington Beach
adopting a policy relating to temporary outdoor retail sales on private property within the
Downtown Specific Plan Area.
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REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/21/2008 DEPARTMENT ID NUMBER: ED 08-28
Analysis: On August 20, 2007, City Council directed staff to form a committee to review
newsracks, temporary outdoor sales and handbill distribution in the downtown specific plan
area excluding the upcoming development, Pacific City. An ad-hoc committee was formed
and consisted of three council members, staff, newspaper distributors, downtown business
representatives, one Design Review Board (DRB) member, and one Planning Commissioner.
Three separate workgroups were formed to evaluate each subject matter.
The workgroup reviewing handbills determined that First Amendment protection limits the
City's ability to regulate the distribution of handbills and found difficulty tracking the
manufacturers. Current Code prohibits placement of commercial handbills on vehicles and
private vacant property. In conclusion, it was recommended that if a handbill offender is a
downtown business or other Huntington Beach based business, their information would be
given to the Downtown Business Improvement District (BID) or Huntington Beach Chamber
of Commerce. The BID or Chamber would educate the business and self-regulate.
The newsrack workgroup review is still in progress. A report on this matter is tentatively
scheduled for the City Council on August 18, 2008.
The Temporary Use Permit (TUP) workgroup consisted of staff, downtown business
representatives, one Planning Commissioner, and one Design Review Board Member. The
business representatives included the owners of Jack's Surfboards and Huntington Surf and
Sport (HSS). The workgroup objectives were to improve the aesthetics of outdoor sales,
review the current TUP application process, place a cap on the number of days for sidewalk
sales, establish a maximum term for a TUP, and review the processing fee for temporary
outdoor sales on private property in the downtown.
Several options were proposed by the TUP workgroup to the ad-hoc committee, including a
requirement for fabric "sails" over the outdoor sales area. This was determined to be cost
prohibitive, based on cost estimates of $135,000 to $150,000. Jack's Surfboards, HSS, and
HSS Girl's outdoor sales locations were evaluated.
After several meetings with downtown stakeholders, the ad-hoc committee reviewed various
design standards and approval options. It was determined that the current process of TUP's
by the Zoning Administrator is acceptable. However, the workgroup recommended that
consistent standards should be adopted that would apply to future TUP requests in the
downtown area. On February 20, 2008, the Downtown Ad-hoc Committee voted to
recommend approval of the standards listed in Attachment 1, Exhibit B which include but are
not limited to:
• 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.
• Awnings, canopies or other equivalent shade cover, as determined by the Zoning
Administrator, shall be required for all outdoor sales/displays.
-2- 7/7/2008 4:49 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/21/2008 DEPARTMENT ID NUMBER: ED 08-28
All display tables shall be skirted and all boxes and storage containers shall be
concealed from view.
The Ad-hoc committee also recommended that a TUP should have a five year maximum
limit, and 50 days maximum per calendar year. The TUP workgroup preferred that the sales
days should be consistent for all TUP's (excluding Surf City Nights) and coincide with all
stores. HSS and Jacks will work with the City to establish the 50 day calendar schedule.
The fee for a TUP will be determined (currently $1,810) upon the completion of the City-wide
fee study, anticipated to be completed in late Fall 2008.
Additional recommendations that the TUP workgroup discussed included a centralized
handout for TUP's and an advisory committee to review outdoor sales.
Strategic Plan Goal:
L-4 Create an environment that promotes tourism to increase revenues to support
community services and transform the City's economy into a destination economy.
Environmental Status: The proposed project is exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to Section 15305, Class 5 of the
CEQA, because the project represents a minor alteration in land use limitations which do not
result any changes in land use or density.
Attachment(s):
PageRuiffillser
1. Resolution No. 2008-4_ of the City Council of the City of
Huntington adopting a Policy Relating to Temporary Outdoor Retail
Sales on Private Property Within the Downtown Specific Plan Area
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ATTACHMENT # 1
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 st day of Jul , 20 08 .
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Mayor
REVIEW�A D APPROVED: INITIAT APPROVED:
City Administrator Directo o P nning
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OVED AS TO FORM:
ttorney (1//��/
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08-1688/23844
Exhibit "A Resolution No. 2008-41
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3une 12, 2008
Exhibit "B", Resolution No. 2008-41
° CITY OF HUNTINGTON BEACH
Downtown Ad-hoc Committee
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 )
1, 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 Vlerk and ex-officio C rk of the
City Council of the City of
Huntington Beach, California
RCA ROUTING H ET
INITIATING DEPARTMENT: Economic Development Department
SUBJECT: Approval of TUP Policy
COUNCIL MEETING DATE: July 21, 2008
RCA ATTACHMENTS 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 A plicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED'' RETUMED F 0 R Wj"A,R D E D.,
Administrative Staff -
Deputy City Administrator Initial d
City Administrator Initial )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
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Onkt-
RCA Author: Punongbayan X5183