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HomeMy WebLinkAboutOrdinance No. 4043 - Zoning Text Amendment No. 14-001 - Reso t{ Dept. ID PL 14-021 Page 1 of 5 Meeting Date: 11/17/2014 0 040 ?4AAX1XZ CITY OF HUNTINGTON BEACH ,f REQUEST FOR. CITY COUNCIL ACTION a �1/D �.oi -9v MEETING DATE: 11/17/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve for introduction Ordinance No. 4043 adopting Zoning Text Amendment No. 14-001; and, Adopt Resolution No. 2014-90 approving Local Coastal Program Amendment No. 14-002 (DTSP - District 1 On-Site Alcohol Sales) - Appeal of Planning Commission's Denial Statement of Issue: Transmitted for your consideration is Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-002, a City-initiated request to amend Specific Plan No. 5 — Downtown Specific Plan by incorporating specific limitations for alcohol sales and hours of operation for new or expanded eating and drinking establishments in District 1. The hours for alcohol sales would be permitted up to 10:00 p.m. Sundays through Thursdays and up to 11:00 p.m. Fridays and Saturdays, with food service allowable until midnight everyday. The Planning Commission denied the request and is recommending denial (Recommended Action - A). Staff is recommending the City Council approve the request as directed by the City Council on July 7, 2014 (Recommended Action - B). Financial'Impact: Not Applicable. Recommended Action: A. PLANNING COMMISSION RECOMMENDATION: Motion to: "Deny Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-002 with findings for denial (ATTACHMENT NO. 1)." B. STAFF RECOMMENDATION: Motion to: A) Approve Zoning Text Amendment No. 14-001 by Approving for Introduction Ordinance No. 4043, "An Ordinance of the City Council of the City of Huntington Beach amending Specific Plan No. 5 - Downtown Specific Plan." (ATTACHMENT NO. 3); and, B) Approve Local Coastal Program Amendment No. 14-002 by adopting City Council Resolution No. 2014-90, "A Resolution of the City Council of the City of Huntington Beach adopting Local Coastal Program Amendment No. 14-002 and requesting its certification by HB -545- Item 17. - I Dept. ID PL 14-021 Page 2 of 5 Meeting Date: 11/17/2014 the California Coastal Commission." (ATTACHMENT NO. 4) Alternative Action(s): The City Council may make the following alternative motion: "Continue Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14- 002 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Location: Downtown Specific Plan — District 1 (Downtown Core) Zoning Text Amendment (ZTA) No. 14-001 represents a request to amend Specific Plan No. 5 - Downtown Specific Plan by incorporating the following limitations for new or expanded eating and drinking establishments in District 1: a. Alcohol sales shall be permitted between 7:00 a.m. to 10:00 p.m. Sundays through Thursdays and from 7:00 a.m. up to 11:00 p.m. Fridays and Saturdays; b. Food service would be allowed until midnight; and c. All eating and drinking establishments with alcohol sales would be subject to conditional use permit approval by the Planning Commission. Local Coastal Program Amendment (LCPA) No. 14-002 would amend the City's Certified Local Coastal Program Implementing Ordinances (IP) to reflect the changes to the DTSP as proposed in Zoning Text Amendment No. 14-001. These changes, if adopted, will be forwarded to the California Coastal Commission for inclusion into the City's certified Local Coastal Program. B. BACKGROUND The reduction of alcohol related issues, including limitation on hours of operation, in the downtown area has been an ongoing effort for the City. In July 2013, the City Council adopted a resolution (Resolution No. 2013-24) (Attachment No. 6) revising the standard Conditional Use Permit (CUP) conditions of approval for restaurants with alcohol and restaurants with alcohol and live entertainment. The resolution allows hours of operation up to midnight (or 10:00 p.m. for restaurants on 3rd and 5th Streets adjacent to residential uses) for new or modified conditional use permits. One of the recommendations of the Downtown Task Force was to incorporate the standard conditions of approval that are specified in Resolution No. 2013-24 into the Downtown Specific Plan. In June 2014, staff presented the Downtown Task Force recommendations to the City Council at a study session. In July 2014, the City Council directed staff to amend the DTSP to restrict any new restaurant with alcohol sales (and expansion to existing restaurants) in District 1 from serving alcohol past 10:00 p.m. Sundays through Thursdays, and 11:00 p.m. Fridays and Saturdays, but allow food service until midnight (Attachment No. 7). It should be noted that the City Council did not direct staff to incorporate all of the standard conditions of approval specified in Resolution No. 2013-24 primarily because of the lengthy process that would be required if it became necessary to modify the conditions to address new issues as they arise. Item 17. - 2 HB -546- Dept. ID PL 14-021 Page 3 of 5 Meeting Date: 11/17/2014 C. PLANNING COMMISSION MEETING AND RECOMMENDATION: The Planning Commission held a public hearing on October 14, 2014. Staff gave a presentation and overview of the proposed amendments and answered any questions from the Planning Commission. Five speakers provided public testimony. The five speakers represented the Downtown Business Improvement District (BID) and downtown businesses. All five speakers spoke in opposition to the proposed amendment. The speakers believed that the issues regarding downtown would be better addressed through police enforcement of specific violators and expressed concern that the proposed amendments would be a detractor for new businesses interested in moving into downtown Huntington Beach. Additionally, the speakers expressed that the downtown businesses in general would not be competitive with new businesses at Pacific City when it opens due to the differences in allowable hours of operation if the proposed amendments are adopted. Ultimately, the Planning Commission denied the amendments for the following reasons: hours would be inconsistent with existing District 1 businesses; difficult to enforce; hours would be different than what was approved for Pacific City restaurants; and they believe the Police Department is moving in the right direction with various efforts and enforcement of specific violators. A copy of the Planning Commission staff report is provided as Attachment No. 8. Planning Commission Action on October 14, 2014: A MOTION WAS MADE BY FRANKLIN, SECONDED BY BIXBY, TO APPROVE ZONING TEXT AMENDMENT NO. 14-001 WITH FINDINGS AND FORWARD THE DRAFT ORDINANCE TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Franklin, Bixby NOES: Semeta, Posey, Peterson ABSTAIN: Pinchiff ABSENT: Kalmick MOTION FAILED A MOTION WAS MADE BY PETERSON, SECONDED BY POSEY, TO DENY ZONING TEXT AMENDMENT NO. 14-001 AND LOCAL COASTAL PROGRAM NO. 14-002 WITH FINDINGS THAT IT DOES NOT MEET GENERAL PLAN GOAL NO. PF-1, BY THE FOLLOWING VOTE: AYES: Semeta, Posey, Franklin, Peterson NOES: Bixby ABSTAIN: Pinchiff ABSENT: Kalmick MOTION PASSED D. APPEAL: On October 22, 2014 Council Member Boardman appealed the Planning Commission's denial of the proposed amendments (ATTACHMENT NO. 5). The reasons cited for the appeal are: 1. Concern regarding the number of late night disturbances caused by an oversaturation of alcohol licenses in the downtown core area; and 2. Concern over negative impacts associated with alcohol uses on adjacent properties and the surrounding residential neighborhoods. HB -547- Item 17. - 3 Dept. ID PL 14-021 Page 4 of 5 Meeting Date: 11/17/2014 The appeal is analyzed in the next section. E. STAFF ANALYSIS AND RECOMMENDATION: The current DTSP - District 1 provisions do not restrict the hours of operation for any businesses, including eating and drinking establishments (restaurants, nightclubs, bars, etc.). However, the provisions do reference the level of conditional use permit review based upon the proposed hours of operation. A conditional use permit from the Zoning Administrator is required for eating and drinking establishments with alcohol proposing hours of operation up to 11:00 p.m. Monday through Thursday and midnight Friday through Sunday. If the eating and drinking establishment proposes to operate later than those hours, a conditional use permit from the Planning Commission is required. This zoning text amendment requires all eating and drinking establishments with alcoholic beverage sales within District 1 to obtain a conditional use permit from the Planning Commission. In addition, the City Council in 2013 adopted a resolution that any new conditional use permit or amendment to an existing conditional use permit request for eating and drinking establishments with alcoholic beverage sales located within District 1 be subject to the following condition of approval: 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 5th 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. The following Table shows a matrix comparing the current City Council Resolution hours of operation requirements to the proposed Zoning Text Amendment hours of operation: Eating and i • Hours. 0luboh No%.- 0 0 pose• ZTA No • • o ee Recommendation District 1 Sunday—Thursday Sunday—Thursday s Alcohol: Midnight a Alcohol: 10 p.m. ® Food Service: Midnight a Food Service: Midnight Friday & Saturday Friday & Saturday Alcohol: Midnight 0 Alcohol: 11 p.m. ® Food Service: Midnight 0 Food Service: Midnight District 1 (Adj. to SFR) Sunday—Thursday No change proposed Resolution Eastside 3rd St. (between 0 Alcohol: 10 p.m. No. 2013-24 hours apply Walnut & Orange) o Food Service: 10 p.m. Westside 5th St. Friday & Saturday (between Walnut & 0 Alcohol: 10 p.m. Orange) 0 Food Service: 10 p.m. TABLE - District 1 Eating and Drinking Establishments Hours of Operation Comparison The proposed changes to the Downtown Specific Plan would limit the hours of operation for eating and drinking establishments in the District 1 (Downtown Core) area to be more consistent with the hours specified in City Council Resolution No. 2013-24. The proposed changes further restrict the hours for the sale of alcohol for on-site consumption and would supersede the current limitations Item 17. - 4 HB -5 8- Dept. ID PL 14-021 Page 5 of 5 Meeting Date: 11/17/2014 specified in Resolution No. 2013-241 potentially resulting in a reduction in the number of late night alcohol-related disturbances in the area. Limiting the hours of alcohol sales for new and expanded eating and drinking establishments would still allow new restaurant uses to be established in the downtown core while ensuring greater compatibility with the other uses downtown as well as the surrounding residential neighborhoods and beach areas. The proposed changes to the Downtown Specific Plan would not affect the zoning designation, development standards or allowable density for any affected property. Although the goals and policies of the Downtown Specific Plan encourage uses that promote tourism and recreation to encourage investment and stimulate the economy, they also call for a well-balanced mix of retail and restaurant uses while limiting alcohol-related uses. The proposal to limit the hours of on-site alcohol sales for new and expanded eating and drinking establishments in District 1 of the Downtown Specific Plan would not inhibit the goal to promote tourism and recreation as there would be no changes to the type of uses allowed. In addition, visitor-serving commercial uses would continue to be required as they currently are in District 1 of the Downtown Specific Plan. For these reasons, staff is recommending that the City Council approve Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-002 pursuant to the City Council's July 2014 direction. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Findings for Denial —Zoning Text Amendment No. 2014-001/1-ocal Coastal Program Amendment No. 2014-002 (PLANNING COMMISSION RECOMMENDATION) 2. Findings for Approval —Zoning Text Amendment No. 2014-001/1-ocal Coastal Program Amendment No. 2014-002 (STAFF RECOMMENDATION/CITY COUNCIL DIRECTION) 3. City Council Ordinance No. 4043, "An Ordinance of the City Council of the City of Huntington Beach amending Specific Plan No. 5 - Downtown Specific Plan." 4. City Council Resolution No. 2014-90, "A Resolution of the City Council of the City of Huntington Beach adopting Local Coastal Program Amendment No. 14-002 and requesting its certification by the California Coastal Commission." 5. Council Member Boardman Appeal Letter, October 22, 2014 6. City Council Resolution No. 2013-24 7. City Council H-Item, July 7, 2014 8. Planning Commission Staff Report 1 Except on the east side of 3rd and west side of 5th Streets between Walnut Avenue and Orange Avenue where eating and drinking establishments with alcohol and eating and drinking establishments with alcohol and live entertainment are required to close by 10 PM xB -549- Item 17. - 5 ATTACHMENT # 1 ATTACHMENT NO. 1 FINDINGS FOR DENIAL ZONING TEXT AMENDMENT NO. 14-001/ LOCAL COASTAL PROGRAM AMENDMENT NO. 14-002 1. Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-001 would not further General Plan Public Facilities and Services Element Goal No. PF-1 in that it would not provide the community with greater protection from criminal activity, reduce incidence of crime, or provide other necessary services within the city. HB -s s l- Item 17. - 7 ATTACHMENT #2 ATTACHMENT NO. 2 SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 14-001 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because it is a minor zoning text amendment which does not change development standards, intensity, or density of any zoning district. SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 14- 001: 1. Zoning Text Amendment No. 14-001 to amend the Downtown Specific Plan to limit the hours of alcohol sales to 10 PM Sunday through Thursday and 11 PM Friday and Saturday, with food service allowable until midnight, for new or expanded eating and drinking establishments in District 1 of the Downtown Specific Plan is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The goals and policies of the General Plan require that the City implement safety measures for drinking and entertainments uses that prevent negative impacts on adjacent properties and require that the City control alcohol-related uses when they are in closer proximity to residential and other "community-sensitive" uses. Zoning Text Amendment No. 14-001 would amend the DTSP to limit the hours of alcohol sales for new and expanded restaurant uses in District 1 (Downtown Core) area of the DTSP. The changes to the DTSP are directed by the City Council in response to recommendations made by the Downtown Task Force, a group of elected officials and downtown stakeholders, formed to address issues related to the City's downtown area and surrounding neighborhoods. Implementation of the changes to restrict hours of alcohol sales in the District 1 (Downtown Core) area would be a measure to prevent negative impacts on adjacent properties and potentially reduce the incidence of crime and disturbances related to alcohol consumption. 2. In the case of a general land use provision, Zoning Text Amendment No. 14-001 is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The proposed changes to the Downtown Specific Plan would not affect the zoning designation, development standards or allowable density for any affected property. Limiting the hours of alcohol sales for new and expanded eating and drinking establishments in District 1 of the Downtown Specific Plan area would ensure greater compatibility with the other uses downtown as well as the surrounding residential neighborhoods and beach areas. 3. A community need is demonstrated for the change proposed. The changes to the Downtown Specific Plan would and potentially reduce the incidence of alcohol-related disturbances in xB -553- Item 17. - 9 the downtown area, the surrounding residential neighborhoods, and on the beach as well as encourage a more family-friendly downtown environment. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The proposed amendment to the Downtown Specific Plan would implement a measure, as recommended by the Downtown Task Force and directed by the City Council, which would help to improve and maintain public safety within the downtown area, ensure that impacts related to alcohol uses are minimized and ensure that future uses are compatible with the existing downtown uses. While the goals and policies of the Downtown Specific Plan encourage uses that would promote tourism and recreation to encourage investment and stimulate the economy, they also call for a well-balanced mix of retail and restaurant uses while limiting alcohol related uses. The amendment to limit the hours of alcohol sales to 10 PM Sunday through Thursday and 11 PM Friday and Saturday, with food service allowable until midnight, for new or expanded eating and drinking establishments in District 1 of the Downtown Specific Plan would not inhibit the goal to promote tourism and recreation as there would be no changes to the type of uses allowed. In addition, visitor-serving commercial uses would continue to be required as they currently are in the Downtown Specific Plan area. SUGGESTED FINDINGS FOR APPROVAL—LOCAL COASTAL PROGRAM AMENDMENT NO. 14-002: 1. Local Coastal Program Amendment No. 14-002 to the Huntington Beach Local Coastal Program in accordance with Zoning Text Amendment No. 14-001 is consistent with the goals and policies of the General Plan in that they require that the City implement safety measures for drinking and entertainments uses that prevent negative impacts on adjacent properties and require that the City control alcohol-related uses when they are in closer proximity to residential and other "community-sensitive" uses. The proposed changes to the Downtown Specific Plan would not affect the zoning designation, development standards or allowable density for any affected property. Limiting the hours of alcohol sales for new and expanded eating and drinking establishments in District 1 of the Downtown Specific Plan area would ensure greater compatibility with the other uses downtown as well as the surrounding residential neighborhoods and beach areas. 2. The proposed change to the Local Coastal Program is in accordance with the policies, standards and provisions of the California Coastal Act that encourage accommodating new development and visitor-serving commercial uses in accordance with the Coastal Element Land Use Plan and located within existing developed areas. 3. The request conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act because the request is only a zoning text amendment to limit hours of alcohol sales for new and expanded restaurants in the downtown, which would not have an impact on public access and public recreational opportunities in the coastal zone. Item 17. - 10 1IB -554- ATTACHMENT #3 ORDINANCE NO. 4043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTING,TON BEACH AMENDING SPECIFIC PLAN NO. 5—DOWNTOWN SPECIFIC, LAN (ZONING TEXT AMENDMENT NO. 14-001) // WHEREAS, 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 Zoning Text Amendment No. 14-001;which amends Specific Plan No. 5 — Downtown Specific Plan to limit the hours of alcohol sales to 10 PM Sunday through Thursday and 11 PM Friday and Saturday, with food service allowable until midnight, for new or expanded eating and drinking establishments in District'1 of the Downtown Specific Plan area; 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 Figure 3-23 of Specific Plan No. 5 — Downtown Specific Plan is hereby amended to read as set forth in Exhibit Ar SECTION 2. This ordinance shall:>become effective immediate) certification b Y upon Y te= the California Coastal Commission but noless than 30 days after its adoption. PASSED AND ADOPTED l�y the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2014. Mayor ATTEST: INITI T D AND APPROVED: City Clerk Direc or of Planning and Building REVIEWED AND APPROVED: APPR VED AS TO FORM: City Manager City Att rney ,Q �,N I Exhibit A: Figure 3-23 of Specific Plan No. 5 —Downtown Specific Plan 14-4398/114133 Ordinance No. 4043 EXH I BIT A 1 Ordinance No. 4043 3— LAND USES& DEVELOPMENT STANDARDS Permitted Uses District 1 ^' Use* Permitted Admin CUP UP TUP Permit from ZA fr m PC from ZA Accessory dwelling units V/ Artists' studios' V/ / Banks and savings and loans branch offices' V/ Carts and kiosks3 V/ Commercial parking4 Cultural institutions Eating and drinking establishments5 V/ Eating and drinking establishments, with less than 12 seats Eating and drinking establishments,with alcohol's ,/ Eating and drinking establishments, with dancing Eating and drinking establishments, with live entertainment Food and beverage sales,without alcoholic beverage sales Health and sports clubs Home occupations' Hotels, motels,and bed and breakfasts V/ Live/work units' V/ Offices, business and professional$ Personal enrichment services9 Personal services Public facilities Real estate businesses Religious assembly V/ Multi-family housing,apartments,condominiums, V/ and stock cooperatives(up to 4 units) Multi-family housing,apartments,condominiums, V/ and stock cooperatives(mofe than 4 units) Single-family detached di.ellings" ✓ Retail sales V/ r HUNTINGTON BEACH DOWNTOWN SPECIFIC PLAN NO. 5 DOWNTOWN SPECIFIC PLAN 3-43 October 6, 2011 Ordinance No. 4043 3— LAND USES& DEVELOPMENT STANDARDS Use* Permitted Admin CUP CUP TUP Permit from ZA from PC from ZA Retail sales,outdoors" i ✓ Service stationS12 Theaters Travel services s Figure 3-23 Permitted Uses District 1(1 of 2) *The sale of alcohol for off-site consumption is prohibited for any use in District 1 Must include retail sales F_ z With no drive through windowsand not to exceed 5,000 square feet Yf 3 Pursuant to Section 230.94 of the HBZSO 4 Not permitted on street level, street frontage for properties fronting Main Street and/or Pacific Coast Highway. �k 5 Pursuant to Section 3.2.24 Outdoor Dining 6 Pursuantto Section 230.12 of the HBZSO 7 Provided that: e The live/work unit is permitted to be a maximurry f 3,000 square feet. • The non-residential area is permitted to be a maximum 50%of the area of each live/work unit. ® The non-residential area function shall be limited to the first or main floor only of the live-work unit. • A maximum of 5 non-residential worke/or employees are allowed to occupy the non-residential area at any one time • Dwelling units that include an office.hat is less than ten percent of the area of the dwelling unit shall not be classified as a live/work unit. s Pursuant to Section 3.3.1.3. Permitted ses, items 1),and 2) 9 Not to exceed 5,000 square feet 10 That comply with the standards /rovided in Section 3.34 District 4- Established Residential and the standards contained in tWife Residential Infill Lot Developments Ordinance in Section 230.22 of the HBZSO 11 Pursuant to Section 3.2.25.0 tdoor Display Areas and Sales 12With minimum 14,000 squar feet of net lot area, subject to the development standards outlined in Sectio 230.32 of the HBZSOand located only on Pacific Coast Highway between 7th Street and 9 h Street 13 Hours of alcohol sales s all be limited to between 7 a.m. and 10 p.m. Monday through Thursday and 7 a.m. and 11 p.m. FAday and Saturday with food service allowable up to midnight everyday. Note: Projects with 100' frontage or greater shall require a CUP from PC. Projects with less th n 100' frontage and additions shall require a CUP from ZA. 1 _o HUNTINGTON BEACH DOWNTOWN SPECIFIC PLAN NO. 5 I DOWNTOWN SPECIFIC PLAN 3-44 October 6, 2011 Ordinance No. 4043 LEOSLAT N E DRAFT 3- LAND USES& DEVELOPMENT STANDARDS Permitted Uses District 1 Use* Permitted Admin CUP CUP TUP Permit from ZA from PC from ZA Accessory dwelling units Artists'studios' Banks and savings and loans branch offices' Carts and kiosks' Commercial parking° Cultural institutions Eating and drinking establishments5 Eating and drinking establishments,with less than 12 seats Eating and dFiRking establishments,with v Eating and drinking establishments,with alcohol13 Eating and drinking establishments,with dancing Eating and drinking establishments,with live entertainment Food and beverage sales,without alcoholic beverage sales Health and sports clubs Home occupations6 Hotels, motels,and bed and breakfasts Live/work units' Offices, business and professional" j V/ Personal enrichment services9 / V/ Personal services Public facilities Real estate businesses Religious assembly V/ Multi-family housing, apartments, condominiums, and stock cooperatives(up to 4 units) Multi-family housing,apgrtments, condominiums, and stock cooperatives;(more than 4 units) Single-family detached dwellings'o Retail sales I i HUNTINGTON BEACH DOWNTOWN SPECIFIC PLAN NO. 5 DOWNTOWN SPECIFIC PLAN 3-43 October 6, 2011 Ordinance No. 4043 LEMSLATWE DRAFT 3— LAND USES& DEVELOPMENT STANDARDS Use* Permitted Admin CUP CUP TUP Permit from ZA from PC from ZA Retail sales,outdoorsn Service stationslz Theaters Travel services Figure 3-23 Permitted Uses District 1(1 of 2) 1 Must include retail sales 2 With no drive through windowsand not to exceed 5,000 squ refeet 3 Pursuant to Section 230.94 of the HBZSO X 4 Not permitted on street level, street fron/Toperties fronting Main Street and/or Pacific Coast Highway. s Pursuant to Section 3.2.24 Outdoor Dining 6 Pursuantto Section 230.12ofthe HBZSO 7 Provided that: • The live/work unit is permitted to be a3,000 square feet. The non-residential area is permitted(to be a maximum 50%of the area of each live/work unit. • The non-residential area function shall be limited to the first or main floor only of the live-work unit. A maximum of 5 non-residential worker or employees are allowed to occupy the non-residential area at any drne time. • Dwelling units that includean office that is less than ten percent of the area of the dwelling unit shall not be classified as a live/work unit. �> s Pursuant to Section 3.3.1.3. Permitted Uses, items 1),and 2) g Not to exceed 5,000 square feet 10 That comply with the st ndards provided in Section 3.34 District 4- Established Residential and the standards contained in the Residential Infill Lot Developments Ordinance in Section 230.22 of the HBZSO 11 Pursuant to Section 3.2.25.Outdoor Display Areas and Sales 12With minimum 14,000 square feet of net lot area,subject to the development standards outlined Section 230.32 of the HBZSO and located only on Pacific Coast Highway between 7th StreYt and 9th Street 13 Hours of alcohol sales shall be limited to between 7 a.m. and 10 P.m. Monday through Thursday and 7 a.m. and 11 p.m. Friday & Saturday with food service allowable up to midnight everyday. Note: Projects with 100' frontage or greater shall require a CUP from PC. Projects with less than 100' frontage and additions shall require a CUP from ZA. # HUNTINGTON BEACH DOWNTOWN SPECIFIC PLAN NO. 5 DOWNTOWN SPECIFIC PLAN 3-44 October 6, 2011 ATTACHMEfVT #4 Item l ]. - IA ills -5o_ RESOLUTION NO. 2014-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 14-002 AND REQUESTING ITS CERTIFfICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Sections 30503 and 30510, the Planning Commission of the City of Huntington Beach held a public hearing to consider the adoption of Zoning Text Amendment No. 14-001 included in Huntington Beach Local Coastal Program Amendment No. 14-002, and such amendment was recommended to the City Council for adoption; and The City Council, after giving notice as prescribed by law, held at least one public meeting on Zoning Text Amendment No. 14-001 included in the proposed Huntington Beach Local Coastal Program Amendment No. 14-002/a'nd the City Council finds that the proposed amendment is consistent with the Huntington:-beach General Plan, the Certified Huntington Beach Coastal Land Use Plan and ChapterA of the California Coastal Act, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: Y/ SECTION 1. That Huntington Beach Local Coastal Program Amendment No. 14-002 is O hereby approved, consisting of Ordinance No. 4043 pertaining to Zoning Text Amendment No. 14-001, which limits the hours of alcohol sales to 10:00 PM Sunday through Thursday and 11:00 PMfFriday and Saturday, with food service allowable until midnight, for r' new or expanded eating and drinking establishments in District 1 of the Downtown Specific Plan area. A copy of the aforesaid ordinance is attached hereto as Exhibit A, and incorporated by this r� reference as though fully set forth herein. 1 14-4398/114134 Reso. 2014-90 SECTION 2. That the California Coastal Comm/the hereby requested to consider, approve and certify Huntington Beach Local Coastal Progendment No. 14-002. SECTION 3. That pursuant to Section 13551(b) oastal Commission Regulations, Huntington Beach Local Coastal Prog ram/Amendment No. 14-002 will take effect automatically upon Coastal Commission apXvao, provided in Public Resources Code Sections 30512, 30513, and 30519. PASSED AND ADOPTED by the cil of the City of Huntington Beach at a regular meeting held on the day f , 2014. Mayor APPROVED AS TO FORM: J Att rney r1,� REVIEWED AND APPR _ ED: INITI ED D APPROVED: City Manager PI ng AdrBuilding Director EXHIBIT A: Or, No. ,4 J 2 14-4398/114134 ATTACHMENT #5 e y of Huntington Beach 2000 l ain Street until ton , (71.4) 536-52.2.7 N.N,-�,vrw.b.liiitingtoiabea hca. ov ity Office of the C' Clerk Joari L. Flyiiii, City Clerk NOTICE I IL Appeal of Planning Commission Decision Date: October 16, 2014 To: Planning and [wilding Department City Attorney City Council Office Administration _C�:;—< 0-<r-) N) Chair and Planning Commission Xc' Public Works Department ' Police Department Filed by: Mayor Connie Boardman Re: Appeal of Zoning Text Amendment No 14-001 and Local Coastal Program Amendment No. 14-002 ( TS —District 1 On-Site Alcohol Sales} Bate for Public Hearing: TBD Copy of appeal letter attached: Yes Fee collected: nja Completed by: Patty Esparza, Senior Deputy City Clerk IN ORDER TO MEET A 10-DAY PRE-HEARING ADVERTISING DEADLINE, OUR AGENDA SCHEDULE STATES LEGAL NOTICE AND MAILING LABELS MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 18 DAYS PRIOR TO PUBLIC HEARING DATE *FOR ITEMS THAT REQUIRED EXPANDED ADVERTISING, PLEASE CONSULT WITH THE CITY A G NEY'S OFFICE R stc=r Cities: AnIc�, :Ba�C�r� W��1t�rl-ere, New Zealand Item 17. - 22 SIB -566- CITY OF HUNTINGTON BEACH 1 City Council Interoffice Communication To Joan Flynn, City Clerk From: Connie Boardman, City Council Member Date: October 16, 2014 Subject. APPEAL OF ZONING TEXT AMENDMENT O. 14-001 AND LOCAL COASTAL PROGRAM AMENDMENT NO. 14- { T — DISTRICT 1 ON-SITE ALCOHOL SALES} I hereby appeal the Planning Commission's October 14, 2014, denial of Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-002 to limit the hours of alcohol sales to 10 PM Sunday through Thursday and 11 PM Friday and Saturday, with food service allowable until midnight, for new or expanded eating and drinking establishments in District 1. The grounds for my appeal are: 1. Concern regarding the number of late night disturbances caused by an oversaturation of alcohol licenses in the downtown core area; and 2. Concern over negative impacts associated with alcohol uses on adjacent properties and the surrounding residential neighborhoods. Pursuant to Section 248.18 of the HBZSO, the City Council shall hear an appeal from the decision of the Planning Commission. CB:SH:jv cc: Honorable Mayor and City Council Chair and Planning Commissions Fred A. Wilson, City Manager ZOM Ken Domer, Assistant City Manager ._. Scott Hess, Director of Planning and Building > •• Robin Estanislau, Deputy City ClerkCn p Y '- co Jennifer Villasenor, Acting Planning Manager Kim De Coite, Administrative Assistant xB -567- Item 17. - 23 ATTACHMENT #6 RESOLUTION NO. 2013-24 ARESOLUTION OF THE CITY COUNCIL OF THE C11 I Y OF HUN]I INGTON BEACH ESTABLISHING CONDITIONS OF APPROVAL FOR EATING AND DRINKING ESTABLISHMENTS WITH ALCOHOLIC BEVERAGE SALES AND LIVE ENTER'I'AINMENT WHEREAS, the City of Huntington Beach desires to rnaintain 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 I 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. 1. These proposed conditions shall apply to conditional. use permit applications applied for subsequent to adoption of this Resolution for new uses and amendments to existing conditional permit use applications and shall remain in effect as pail of the Conditional Use Pen-nit via a public hearing. Any amendments to these conditions must be approved by the City Council. I 10-2396/97629.doc HB -569- Item 17. - 25 Resolution No. 2013-24 4. Resolution No. 2011-16 is hereby repealed, PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st_clay of July , 2013. Mayor E #aer D APPROVED: INITIA ANv-D APPROVED, City Director of Tanning and Building AP I D AS TO FORM: Cit Attorn y 2 10-2396/97629.doc Item 17. - 26 HB -570- Resolution No. 2013-24 EXHB31T 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 51h 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 3d 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. 1413 -57 1- Item 17. - 27 ResolutionNo. 2013-24 12)No new customers shall be permitted after 30 minutes before closing. 1 3:�)Last call for drinks shall be no later than 15 minutes before closing. 14)Only single-sized drinks and no multiple drinks shall be served after midnight. 15)Signage, posters, and advertizing with "Do Not Drink and Drive" shall be posted in the business, 1.6)N4,andatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. 17)Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the police department for any criminal or civil investigation. 2 Item 17. - 28 HB -572- Resolution 2013-24 EXHIBIT B EATING AND DRINTKTNG EST ABLISIRV TENT S WITH ALCOHOLIC BEVERAGE SALES AND LIVE ENTERTAMIMENT: The following standard Condition's of Approval shall be pail 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 TOO am. to 12:00 a.m. midnight except for a business proposed in the following locations: a. West side of S'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 3`1 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 semi ce 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. 10-23%, 197631.doc 1413 -573- Item 17. - 29 Rewiation_Nto2013-24 13)All amplified entertairiment 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. 19) No new customers shall be permitted after 30 minutes before closing. 20) Last call for drinks shall be no later than 15 minutes before closing. 21) Only single-sized drinks and no multiple drinks shall be served after midnight. 22) Signage, posters, and advertizing with "Do Not Drink and Drive" shall be posted in the business. 23) Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. 24) Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the police department for any criminal or civil investigation. REST OF PAGE NOT USED 10-23%197631.doc 2 Item 17. - 30 HB -_574- Res. No. 2013-24 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON EACH 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 'l, 20113 by the following vote: AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis NOES: Harper ABSENT: None ABSTAIN: None Cdo icio C rk of t City erk and ex-officio C rk of the City Council of the City of Huntington Beach, California HB --51'7 5 Item 17. - 31 ATTACHMENT #7 Rein 17. - 32 iiB . 76 CITY OF HUNTINGTON BEACH _ _ ', L( City Council Interoffice Communication To. Honorable Mayor and City Council Members From: Dave Sullivan, City Council Member Date: June 30, 2014 Subject. CITY COUNCIL MEMBER ITEM FOR THE J LY 7, 2014, CITY COUNCIL MEETING - RECONSIDER Vl US COUNCIL ACTION TO RESTRICT HOURS RESTAURANTS WITH ALCOHOL DOWNTOWN 9jJAJEMEblJ QF J&SUE• On June 16, 2014, the City Council voted (5-2) to direct staff to prepare a Zoning Text Amendment to specify that any new eating and drinking establishment with alcohol sales in District 1 of the Downtown Specific Plan (DTSP) shall be required to close by 10:00 PM Monday through Sunday. The hours of operation restriction shall apply to any new establishment that exceeds the currently entitled establishments with Alcoholic Beverage Control (ABC) licenses within District 1 of the DTSP. Also, a limit was placed on the number of establishments with liquor licenses. After further consideration I believe that 11:00 PM is a more reasonable time for closure on the weekends. As a Council member on the prevailing side, I wish to move for reconsideration of the ,tune 16, 2014, action and propose that the prohibition on alcohol sales be applicable to new establishments whose hours exceed 1 :00 PM Sunday through Thursday and 11:00 PM Fridays and Saturdays. Also, I want to repeal the limitation of the number of liquor establishments because it has the unintended consequence of increasing the value of the licenses of the problem bars making it more difficult for good restaurants to come into the area. BECOMMEN12ED ,ACTIQ__: 1. Reconsider the June 16, 2014, City Council action directing staff to process a Zoning Text Amendment to prohibit any new eating or drinking establishments with alcohol sales in District 1 to remain open past 10:00 PM Monday through Sunday, and the placing of a restriction on the number of establishments serving liquor. 2. If the motion to reconsider passes, direct staff to process a Zoning Text Amendment restricting any new eating and drinking establishment with alcohol sales in District 1 of the Downtown Specific Plan, and modify the closing time to 10:00 PM Sunday through Thursday, and 11:00 PM Friday and Saturday. xc: Fred A .Wilson, City Manager Ken Domer, Assistant City Manager Joan Flynn, City Clerk Scott Hess, Director of Planning and Building Kellee Fritzal, Deputy Director of Economic Development KB -577- Item 17. - 33 ATTACHMENT #8 City of HunLing�ton Bead Planningand Building Departt6nt -:, S, REPORT TO: Planning Commission FROM: Scott Hess, AICP, Director of Planning and Building BY: Jennifer Villasenor, Acting Planning Manager �� DATE: October 14, 2014 SUBJECT: ZONING TEXT AMENDMENT NO. 14-001/LOCAL COASTAL. PROGRAM AMENDMENT NO. 14-002 (DTSP—DISTRICT 1 ON-SITE ALCOHOL SALES HOURS) APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Not applicable LOCATION: Downtown Specific Plan—District I mo , STATEMENT OF ISSUE: - Zoning Text Amendment (ZTA) No. 14-001 represents a request to amend Specific Plan No. 5 — Downtown Specific Plan to limit the hours of alcohol sales to 10 PM Sunday through Thursday and 11 PM Friday and Saturday. with food service allowable until midnight, for new or expanded eating and drinking establishments in District 1. - Local Coastal Program Amendment (LCPA) No. 14-002 would amend the City's Certified Local Coastal Program Implementing Ordinances (IP) to reflect the changes to the DTSP as proposed in Zoning Text Amendment No. 14-001. ® Staff s Recommendation: Approve Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-002 and forward to the City Council for adoption for the following reasons: - Consistent with City Council direction; - Addresses issues raised by the Downtown Task Force related to alcohol consumption associated with on-site sales in the downtown area; - Consistent with the City Council Strategic Plan goal to "Enhance and Maintain Public Safety"; and - Conforms to the General Plan, certified Local Coastal Program, and Chapter 247 of the Huntington Beach Zoning and Subdivision Ordinance. HB -579- Item 17. - 35 RECOMMENDATION: Motion to: A. "Approve Zoning Text Amendment No. 14-001 with findings (Attachment No. 1) and forward the draft ordinance (Attachment No. 2) to the City Council for adoption." B. "Approve Local Coastal Program Amendment No. 14-002 with findings (Attachment No. 1) and forward the draft resolution (Attachment No. 3) to the City Council for adoption." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-002 with findings for denial." B. "Continue Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-002 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment (ZTA) No. 14-001 represents a request to amend Specific Plan No. 5 — Downtown Specific Plan to limit the hours of alcohol sales to 10 PM Sunday through Thursday and 11 PM Friday and Saturday, with food service allowable until midnight, for new or expanded eating and drinking establishments in District 1. Local Coastal Program Amendment (LCPA) No. 14-002 would amend the City's Certified Local Coastal Program Implementing Ordinances (IP) to reflect the changes to the DTSP as proposed in Zoning Text Amendment No. 14-001. Background: The reduction of alcohol related issues, including limitation on hours of operation, in the downtown area has been an ongoing effort for the City. In July 2013, the City Council adopted a resolution (Resolution No. 2013-24) (Attachment No. 5) revising the standard Conditional Use Permit (CUP) conditions of approval for restaurants with alcohol and restaurants with alcohol and live entertaimnent. The resolution allows hours of operation up to midnight (or 10 pm for restaurants on P and 5th Streets adjacent to residential uses) for new or modified conditional use permits. One of the recommendations of the Downtown Task Force was to incorporate the standard conditions of approval that are specified in Resolution No. 2013-24 into the Downtown Specific Plan. In June 2014, staff presented the Downtown Task Force recommendations to the City Council at a study session. hi July 2014, the City Council directed staff to amend the DTSP to restrict any new restaurant with alcohol sales (and expansion to existing restaurants) in District 1 from serving alcohol past 10:00 PM Sunday through Thursday, and 11:00 PM Friday and Saturday, but allow food service until midnight. (Attachment No. 4) It should be noted that the City Council did not direct staff to incorporate all of the standard conditions of approval specified in Resolution No. 2013-24 primarily because of the lengthy process that would be required if it became necessary to modify the conditions to address new issues as they arise. Item 17. - 36 ort10/14/14 HB -580- (ZTA 14-001 LCPA 14-002) ISSUES: General Plan Conformance: The General Plan Land Use Map designation for District 1 of the DTSP is Mixed Use—>30 units per acre — Specific Plan Overlay — Design Overlay — Pedestrian Overlay (M->30-sp-pd-d), except for the Main Street Library site, which is designated Public (P). The proposed project is consistent with this designation and the goals and objectives of the City's General Plan as follows: A. Land Use Element Policy LU 10.1.8: Require that entertainment, drinking establishments, and other similar uses provide adequate physical and safety measures to prevent negative impacts on adjacent properties. Policy LU 10.1.9: Continue to control the location and amount of alcohol sales, adult businesses, game arcades, and other "community-sensitive" uses, based on proximity to residences, schools, religious facilities, and parks as authorized by legislative and legal requirements. B. Public Facilities and Services Element Goal PF 1: Protect the community from criminal activity, reduce the incidence of crime and provide other necessary services within the City. Obiective PF 1.3: Ensure that new developments in Huntington Beach are designed to encourage safety. Polia, PF 1.3.2: Ensure that new development and land use proposals are analyzed to determine the impact their operators, occupants, visitors or customers may have on the safety and welfare of the community. Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-001 would amend the DTSP to limit the hours of alcohol sales to 10 PM Sunday through Thursday and 11 PM Friday and Saturday. with food service allowable until midnight, for new or expanded eating and drinking establishments in District 1. The changes to the DTSP, as directed by the City Council, are in response to recommendations made by the Downtown Task Force, a group of elected officials and downtown stakeholders formed to address downtown issues. Implementation of the changes to limit the hours of alcohol sales for new and expanded restaurants would be a measure to reduce negative impacts associated with alcohol uses on adjacent properties and the surrounding residential neighborhoods while still allowing for new restaurant uses within the downtown core. Zoning Compliance: Not applicable. Urban Design Guidelines Conformance: Not applicable. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501. Class 20. which supplements the California Environmental Quality Act. PC Staff Report— 10/14/14 HB -581- (ZTA 14-001 Lltem 17. - 37 Coastal Status: If approved by the City Council, Zoning Text Amendment No. 14-001 requires certification of a Local Coastal Program Amendment by the California Coastal Commission in order to become effective. As such. Local Coastal Program Amendment No. 14-002 reflects the changes proposed by ZTA No. 14-001 and will be forwarded to the California Coastal Commission as a minor Local Coastal Prograin Amendment for certification upon adoption. Desikn Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The proposed amendments to the DTSP and certified LCP were prepared in response to City Council direction and recommendations from the Downtown Task Force, which is made up of elected officials, downtown stakeholders and facilitated by City staff from the Office of Business Development with input from the Fire, Police, CommLmity Services, Public Works and Planning and Building Departments. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on October 2, 2014. Notices were sent to all restaurants within the DTSP District I area as well as interested agencies/organizations including the Downtown Business hnprovement District, Marketing and Visitors Bureau, Chamber of Commerce and the Downtown Residents Association. As of October 7, 2014, no communications regarding the request have been received. Al2trlication Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not Applicable Legislative Action - Not Applicable ANALYSIS: The current District 1 provisions of the DTSP allow eating and drinking establishments with alcohol proposing hours of operation up to 11 PM Monday through Thursday and 12 AM Friday through Sunday subject to a conditional use permit from the Zoning Administrator. If the eating and drinking establishment proposes to operate later than those hours, a conditional use permit from the Planning Commission is required. However, in 2013, the City Council adopted a resolution that any new or amended conditional use permit request for eating and drinking establishments with alcohol beverage sales located within District 1 be subject to the following hoes: 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 5th 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. The proposed changes to the Downtown Specific Plan would limit the hoes of operation for eating and drinking establishments in the District I (Downtown Core) area to be more consistent with the hours Item 17. - 3 8 ort— 10/14114 HB -5 82- (ZTA 14-001 LCPA 14-002) specified in City Council Resolution No. 2013-24 as recommended by the Downtown Task Force. In fact, the proposed changes further restrict the hours for the sale of alcohol for on-site consumption and would supersede the current limitations specified in Resolution No. 2013-241 potentially resulting in a reduction in the number of late night alcohol-related disturbances in the area. Limiting the hours of alcohol sales for new and expanded eating and drinking establishments would still allow new restaurant uses to be established in the downtown core while ensuring greater compatibility with the other uses downtown as well as the surrounding residential neighborhoods and beach areas. The proposed changes to the Downtown Specific Plan would not affect the zoning designation, development standards or allowable density for any affected property. Although the goals and policies of the Downtown Specific Plan encourage uses that promote tourism and recreation to encourage investment and stimulate the economy, they also call for a well-balanced mix of retail and restaurant uses while limiting alcohol-related uses. The amendment to limit the hours of on-site alcohol sales for new and expanded eating and drinking establishments in District 1 of the Downtown Specific Plan would not inhibit the goal to promote tourism and recreation as there would be no changes to the type of uses allowed. In addition, visitor-serving commercial uses would continue to be required as they currently are in District 1 of the Downtown Specific Plan. For these reasons, staff is recommending that the Planning Commission approve Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-002 pursuant to the City Council's direction. ATTACHMENTS: 1. Suggested Findings for Approval—ZTA No. 14-001 and LCPA No. 14-002 (not attached see attachment no. 2) 2. Draft City Council Ordinance—ZTA No. 14-001(not attached - see RCA attachment no. 3) 3. Draft City Council Resolution—LCPA No. 14-002 (not attached - see RCA attachment no. 4) 4. City Council H-Item, dated July 7, 2014 (not attached - see RCA attachment no. 7) 5. City Council Resolution No. 2013-24 (not attached - see RCA attachment no. 6) 6. DTSP —District 1 Map SH:JJ:JV Except on the east side of 3'd and west side of 5r"Streets between Walnut Avenue and Orange Avenue where eating and drinking establishments with alcohol and eating and drinking establishments with alcohol and live entertainment are required to close by 10 PM PC Staff Report— 1014/14 HB -583- (ZTA 14-001 1-1tem 17. - 39 DTSP DISTRICT 1 MAP meex carrrx !4 lVA$?I�i{ r « YA3�T �r\ i i «C Rfl#9= i r [yowww�" A&UN A rIlID�ASItPtl:US -d'FA.AFFrR EANG.M r am r w� AT 'I' ll A t^«5�,e",wtl 1 .... NOW y I , N", As Hei�auncoa sub7c6ia ". � �[' t,d> "a . - Item 17. - 40 11B -584- (714)796-2209 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. PROOF OF PUBLICATION County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter.I am the principal clerk of The Orange County Register, a newspaper ---- NOTICE OF PUBLIC HEARING Of general circulation, published In the city Of I BEFORE THE CITY COUNCIL OF THE ^ r CITY OF HUNTINGTON BEACH Santa Ana, County Of Orange, and which news- (NOTICE IS HEREBY GIVEN that on Monday,November 17,2014,at 6:00'p.m,in the Cityi Council Chambers,2000 Main Street,Huntington Beach,the City Council will hold a public� hearing on the following planning and zoning items: paper has been adjudged to be a newspaper of ❑1. ZONING TEXT AMENDMENT NO. 2014.001/LOCAL COASTAL PRO-".:'l GRAM AMENDMENT NO.14.002-APPEAL(DTSP-DISTRICT 1 ON SITE, general circulation by the Superior Court Of the ALCOHOL SALES) A pellant:Council Member Connie Boardman Applicant: City of Huntington Beach Request: ZTA:To amend the Downtown Specific Plan,._, 1 (D1-SP)to limit the hours of alcohol sales to 10:00 PM Sunday through Thursday and 1 County Of Orange, State Of California, under the 11:00 PM Friday and Saturday,with food service allowable until midnight,for new or expanded eating and drinking establishments in District 1 of the Downtown Specific i Plan.LCPA: To amend the City's certified Local Coastal Program Implementing Or-; i date Of November 19, 1905, Case NO. A-21046, dinance(IP)to reflect Zoning Text Amendment No.14-001.On October 14,2014,the Planning Commission denied the request. Location:Downtown Specific Plan-Dis-,•¢ that the notice, of which the annexed is a true trict 1(Downtown Core)Clty'Contact:Jennifer Villasenor NOTICE IS HEREBY GIVEN that Item#1 is categorically exempt from the provisions of the:i printed copy, has been published in each regular California Environmental Quality Act. 1— 1 NOTICE IS HEREBY GIVEN that Item#1 requires Local Coastal Program Amendment Noi and entire issue of said newspaper and not in any 14-002 to be certified by the California Coastal Commission, T ON FILE: A copy of the proposed request is on file in the Planning and Building Depart-i ment,2000 Main Street,Huntington Beach,California 92648,for inspection by the public:r supplement thereof':On the following dates, to A copy of the staff report will be available to interested parties at the City Clerk's Office or` on line at http://www.huntingtOpbeachca.gov on Thursday,November 13,2014.,- wit: ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or, submit evidence for or against the application as outlined above. It you challenge the City- Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence de livered to the City at, or prior to,the public hearing. If there are any further questions. November 7 2014 please call the Planning and Building Department at(714)536-5271 and refer to the above > ity Clerk. i items. Direct your written communications to the C i Joan L.Flynn,City Clerk JY "I certify (or declare) under the penalty Of City df Huntington Beach 2000 Main Street,2nd Floor Huntington Beach,California 92648 714-536-5227 perjury under the laws of the State of California http:/lhuntingtonbeachca.gov/HBPubliccomments/ that the foregoing is true and correct": I published:Orange County Register November 7,2014_ R-1823 9988029 Executed at Santa Ana, Orange County, California,on Date: November 7,2014 r , 6ow'(w1l Signature The Orange County Register 625 N.Grand Ave. Santa Ana,CA 92701 111-7 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, November 17, 2014, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. ZONING TEXT AMENDMENT NO. 2014-001/1LOCAL COASTAL PROGRAM AMENDMENT NO. 14-002 — APPEAL (DTSP — DISTRICT 1 ON SITE ALCOHOL SALES) Appellant: Council Member Connie Boardman. Applicant: City of Huntington Beach Request: ZTA: To amend the Downtown Specific Plan (DTSP) to limit the hours of alcohol sales to 10:00 PM Sunday through Thursday and 11:00 PM Friday and Saturday, with food service allowable until midnight, for new or expanded eating and drinking establishments in District 1 of the Downtown Specific Plan. LCPA: To amend the City's certified Local Coastal Program Implementing Ordinance (IP) to reflect Zoning Text Amendment No. 14- 001. On October 14, 2014, the Planning Commission denied the request. Location: Downtown Specific Plan — District 1 (Downtown Core) City Contact: Jennifer Villasenor NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Item # 1 requires Local Coastal Program Amendment No. 14-002 to be certified by the California Coastal Commission. ON FILE: A copy of the proposed request is on file in the Planning and Building Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or on line at htLp://www.huntingtonbeachca.gov on Thursday, November 13, 2014. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.gov/HBPublicComments/ C:\Users\esparzap\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\BGU3Z50B\111714 ZTA 14-001 DTSP - District 1 on site alcohol sales.docx City of Huntington Beach � 2000 Main Street # Huntington Beach, CA 92648 (714) 536-5227 # www.huntingtonbeachca.gov FFg 77 t9a9'�O" Office of the City Clerk 0 ` Joan L. Flynn, City Clerk NOTICE OF APPEAL TO CITY COUNCIL Appeal of Planning Commission Decision Date: October 16, 2014 To: Planning and Building Department City Attorney City Council Office CZ Administration wZ;--< tv C`? 0-<e� I Chair and Planning Commission xor � rn Public Works Department x> a Police Department 9-0 Filed by: Mayor Connie Boardman Re: Appeal of Zoning Text Amendment No 14-001 and Local Coastal Program Amendment No. 14-002(DTSP—District 1 On-Site Alcohol Sales) Date for Public Hearing: TBD Copy of appeal letter attached: Yes Fee collected: n/a Completed by: Patty Esparza,Senior Deputy City Clerk IN ORDER TO MEET A 10-DAY PRE-HEARING ADVERTISING DEADLINE, OUR AGENDA SCHEDULE STATES LEGAL NOTICE AND MAILING LABELS MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 18 DAYS PRIOR TO PUBLIC HEARING DATE *FOR ITEMS THAT REQUIRED EXPANDED ADVERTISING, PLEASE CONSULT WITH THE CITY ATTORNEY'S OFFICE Sister Cities: Anjo,Japan ® Waitakere,New Zealand CITY OF HUNTIN TON BEACH City Council Interoffice Communication To: Joan Flynn, City Clerk From: Connie Boardman, City Council Member Date: October 16, 2014 Subject: APPEAL OF ZONING TEXT AMENDMENT NO. 14-001 AND LOCAL COASTAL PROGRAM AMENDMENT NO. 14-002 (DTSP — DISTRICT 1 ON-SITE ALCOHOL SALES) I hereby appeal the Planning Commission's October 14, 2014, denial of Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-002 to limit the hours of alcohol sales to 10 PM Sunday through Thursday and 11 PM Friday and Saturday, with food service allowable until midnight, for new or expanded eating and drinking establishments in District 1. The grounds for my appeal are: 1. Concern regarding the number of late night disturbances caused by an oversaturation of alcohol licenses in the downtown core area; and 2. Concern over negative impacts associated with alcohol uses on adjacent properties and the surrounding residential neighborhoods. Pursuant to Section 248.18 of the HBZSO, the City Council shall hear an appeal from the decision of the Planning Commission. C CB:SH:jv z .� is o ra—t q rV1 cc: Honorable Mayor and City Council �,_ ,•� Chair and Planning Commission Qr ! Fred A. Wilson, City Manager p Ken Domer, Assistant City Manager Scott Hess, Director of Planning and Building > E5 Robin Estanislau, Deputy City Clerk cn co Jennifer Villasenor, Acting Planning Manager Kim De Coite,Administrative Assistant Esparza, Patty From: Sandra Campos [scam pos@ocreg ister.com] Sent: Wednesday, November 05, 2014 11:32 AM To: Esparza, Patty Subject: RE: Legal ad for Friday- November 7, 2014 Hi Patty, Below is the proof. Please make sure all is correct & email me back with approval to publish. Cost $564.72/Ad #9988029 to publish in the OC Register on Nov. 7, 2014. PROOF: NOTICE-OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY C+F HUNTIN TON BEACH NOTICE IS HEREBY GI'`'EN that on rvlotcli� November 17- 2-14.at 6:00 p.m. in the City 0:1Lnvil C11,1111 e-l-F- 2__0 Y r-lain Street. Huntington E 1,lrlI Lh& C Ity C:4.�101cil will IvIJ a pLIbli; hearing oil the till ,;•,inw'a planning and zoning itenay: ZONING TEXT ,AMENDMENT NO. 2014-001-LOCAL COASTAL 1113R{7- GRAM AMENDMENT NO.14- 2 • APPEAL J T P • DISTRICT 1 ON SITE ALCOHOL SALES) Appellant: Council k1ember tJcinnie Br ardn-an Applicant: Cihy 'f HLlntingt011 Beacll Request: ZTA: To amend the GozwntcW n Specific Plan fDTSPi to limit the ofalcollo'DI sales to 10:03 Purl SLIn-day througll ThursCIayard 11:X Pthd Friday and `atuday_with fr,ord ser,°ice allf,h,al.Ie until Mid IligIlt, fi-Ir neW 01- e:xpar ded Baking and drinking establishments in Gistrbt 1 of the Dvwrrtowrr Speo fi: Plan. LCPA: To avers-1 the -ity's certified L•cal Coastal Program Implementing Or= dirlarace ilP,r to reflect Zoning Text Arnei-dinent No. 14-MD1. Oil C�_-tol3eF 14 X114 the Planning Corninissi_inclelied the recluesl. Location: Downhcwn Specific Plan- Dis- trict 1 (Cro^,{nt4 iv n tC3xe)City Contact,:Jennrfer Villasenor NOTir"~.°E IS HEPEFV GIVEN tlkit Iter7i 41 is categ,z- oalty exemlit frcxii the prt_visioiiG cd tl7e (a-tlifornia En-virc_nmental QWility A,-t. NOTICE IS HEREBY GIVEN EN ttlat Item Ot 1 requires Local Coastal Pr:gram Amendment No. 14-rDt to be ceaifiF.Tr I_y the California imsLd Dnrnnilssian. ON FILE: A copq of tlae proposed ri.KILiest is ruin file in the Planning and Building Depart- ment, 204'n Nlain Street-Huntington Beacli i alifbrnia 92F48. for inspFi�ti_In by the pLkblic. crvy of dle staff rep_iit-dill be available to interested parties at the City `clerk`s Office of an line at htt1.:'=;»:i W.huntingitr-ml_,eacIva.gol;oil Tllursd y,No-,;emiser 13 2014. ALL INTEPE=TED PERSGNS-� are inyitew_I tz, atteril said hearing aril express w,:gjini:wls or submit e0derlce fr_�r or a-pinst the application as 0LItlilliKI ab Ve. If 'y,0u challenge the City C4_-UIXiI's action ill .0L1rt„'yoLI m'ay be limited tr') raising Only ti1~,ve iGSLreS you or s rneone else raised at the pul It hearing described in this notice_or in'written corresprorc-lei-rce cre- Itx�ererl to the City at, cir pric_,r to the putdic hearing. If 'there are a-ry further ClLlestbIlS pI--a se call the Planninig arvJ Euilding De-part men I at r;`141 5E36:152 1 rar71 refer to the items. Direct yC'ur;rk°ritten conimu1-1i3atil-418 to the City Clerk. Joan L. Fh nn City.Clerk Citx of Huntington Beach i Nlain Street 'trlcl Floor HLIIltIrrtD11 Beach Calibornia,92648 714-5336-5221 httfa:,':`hLtlltin gtonhmac Iva.r SPubILCA:mi Ill ents! 'ubliUhed:Orancie Ccor-tnt Redster No4ember 7 2014 R-182.3 SO8c:?1u+ Thank you, Sandra Camos LegaCAdvertising Grange County Register 625 X. Grand-Ave. 1 Santa.Ana, CA 92701 Direct Pone Line:714-796-6748 Yax:714 347-2577 Emaii:scaMos@)ocregister.com `REGISTER R M'FlR-r FAM LY From: Esparza, Patty [mailto:PEsparzaC&surfcity-hb.org] Sent: Wednesday, November 05, 2014 10:54 AM To: Sandra Campos Subject: Legal ad for Friday - November 7, 2014 Importance: High Hi Sandra: Attached is a legal ad for the Orange County Register this Friday, November 7, 2014. This is high priority- please confirm asap. Thanks!!! Patty E.Sparza, Ci"VLC Senior Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 36- 260 2 2nd Floor, Food,Art, Drinks 126 Main St. #201 Aloha Grill Avila's El Ranchito Huntington Beach, CA 92648 221 Main St. Ste. F 318 Main St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Avocado Cafe Bruxie Baja Sharkeez 438 Main St. 180 5ch St. 211 Main St. Ste.A Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Banzai Bowl Baskin Robbins Beachfront 301 222 5th St. 201 Main St. Ste. B 301 Main St. #101 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 BJ'S Restaurant& Brewhouse Black Bull Chop House Bodhi Tree Vegetarian Cafe 200 Main St.#101 300 Pacific Coast Hwy. #112 501 Main St. Ste. E Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Bomburger Coach's Deli Coach's Mediterranean Grill 200 Main St.#114 221 Main St. Ste. D 200 Main St.#105 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Cold Stone Creamery Cucina Alessa Dairy Queen 416 Olive Ave. 520 Main St. 102 Pacific Coast Hwy. Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Deville Duke's Huntington Beach 25 Degrees 424 Olive Ave. 317 Pacific Coast Hwy. 412 Walnut Avenue Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Fred's Mexican Cafe G's Boat House Gallagher's Pub & Grill 300 Pacific Coast Hwy. #201 200 Main St.#101A 300 Pacific Coast Hwy. #113 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach Beer Co. Hurricane's Bar&Grill IHOP 201 Main St.Ste. E 200 Main St.#201 200 Main Street#116 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Ritter's Steam Kettle Cooking Jamba Juice Jan's Health Bar 180 5ch St. #130 101 Main St.#109 501 Main St. Ste. D Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Java Point Coffee Johnny Rockets Shabu on Fire 300 Pacific Coast Hwy#101 120 5th St.#100 301 Main St.#110 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Killarney's Pub &Grill Kokomo's Surfside Grill Longboard Restaurant& Pub 209 Main St. 21011 Pacific Coast Hwy. 217 Main St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Refinery HB Luigi's Ristorante Main Street Wine Bar 210 5th St. 221 Main St. Ste. B 301 Main St. #105 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Mangiamo Gelato Caffe My Hero Subs No Ka Oi 122 Main St. 126 Main St. #102 215 Main St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 North Shore Poke Co Papa Joe's Pizza Perq's Nite Club 214 5th St. 414 Pacific Coast Hwy. 117 Main St. Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Pete's Mexican Food Pete's Sunset Grille Pizza Lounge 213 5th St. 21500 Pacific Coast Hwy. 310 Main St. #107 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Ra Sushi Rocky Mountain Chocolate Factory Ruby's Diner 155 5th St.#183 200 Main St. #106 1 Main St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Sancho's Tacos Sandy's Beach Grill US Taco Co. 602 Pacific Coast Hwy. 315 Pacific Coast Hwy. 150 5th St. Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Shades Restaurant Spark Woodfire Grill Starbucks Coffee 21100 Pacific Coast Hwy. 300 Pacific Coast Hwy. #202 221 Main St. Ste. A Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Subway Sugar Shack Super Hero's Sandwiches 300 Pacific Coast Hwy. #106B 213 Main St. 126 Main St.#104 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Supreme Donuts Surf City Deli & Grill Sushi on Fire 602 Pacific Coast Hwy. 200 Main St.#10313 301 Main St.#103 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 T.K. Burger Thai Wave-Restaurant The Californian 110 Pacific Coast Hwy. 522 Main St. 21500 Pacific Coast Hwy. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 The Coffee Bean &Tea Leaf The Funnel House Zimzala (at Shorebreak Hotel) 200 Main St. #109 205 Main St. 500 Pacific Coast Hwy Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Shorebreak Hotel The Strand Wahoo's Fish Tacos 500 Pacific Coast Highway 155 5th Street 120 Main St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 HS Cumber of Commerce Huntington Beach Marketing and HB Coastal Communities Assoc. 2134 Main Street,Suite 100 Visitors Bureau David Guido Huntington Beach, CA 92648 301 Main Street, Suite 212 143 E. Meats Avenue Huntington Beach, California 92648 Orange, CA 92865 HBDRA Huntington Beach Downtown Business Huntington Beach Tomorrow 419 Main Street, Suite 321 Improvement District (HBDBID) President Huntington Beach, CA 92648 315 3rd Street, Suite E PO Box 865 Huntington Beach, CA 92648 Huntington Beach, CA 92648 California Coastal Commission California Coastal Commission Theresa Henry South Coast Area Office Coast Area Office 200 Oceangate, 10th Floor 200 Oceangate, 10th Floor Long Beach,CA 92802-4302 Long Beach, CA 92802-4302 2-0/V- 00/ �� �7 City of Huntir L 2000 Main Street ♦ Huntin, - (714) 536-5227 ♦ www.hi --- k,a Office of the 4 F7-t869 ' Joan L. Flynn, NOTICE OF APPEAL TO CITY COUNCIL Appeal of Planning Commission Decision Date: October 16, 2014 To: Planning and Building Department City Attorney � na City Council Office X -a Administration"; Chair and Planning Commission ca Public Works Department Police Department Filed by: Mayor Connie Boardman Re: Appeal of Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-002 (DTSP— District 1 On-Site Alcohol Sales) Date for Public Hearing: TBD Copy of appeal letter attached: Yes Fee collected: n/a Completed by: Patty Esparza, Senior Deputy City Clerk IN ORDER TO MEET A 10-DAY PRE-HEARING ADVERTISING DEADLINE, OUR AGENDA SCHEDULE STATES LEGAL NOTICE AND MAILING LABELS MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 18 DAYS PRIOR TO PUBLIC HEARING DATE *FOR ITEMS THAT REQUIRED EXPANDED ADVERTISING, PLEASE CONSULT WITH THE CITY ATTORNEY'S OFFICE Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Joan Flynn, City Clerk From: Connie Boardman, City Council Member Date: October 16, 2014 Subject: APPEAL OF ZONING TEXT AMENDMENT NO. 14-001 AND LOCAL COASTAL PROGRAM AMENDMENT NO. 14-002 (DTSP — DISTRICT 1 ON-SITE ALCOHOL SALES) I hereby appeal the Planning Commission's October 14, 2014, denial of Zoning Text Amendment No. 14-001 and Local Coastal Program Amendment No. 14-002 to limit the hours of alcohol sales to 10 PM Sunday through Thursday and 11 PM Friday and Saturday, with food service allowable until midnight, for new or expanded eating and drinking establishments in District 1. The grounds for my appeal are: 1. Concern regarding the number of late night disturbances caused by an oversaturation of alcohol licenses in the downtown core area; and 2. Concern over negative impacts associated with alcohol uses on adjacent properties and the surrounding residential neighborhoods. Pursuant to Section 248.18 of the HBZSO, the City Council shall hear an appeal from the decision of the Planning Commission. CB:SH:jv cc: Honorable Mayor and City Council '' 0 Chair and Planning Commission Query N) r Fred A. Wilson, City Manager aam Ken Domer, Assistant City Manager , ; rn Scott Hess, Director of Planning and Building > © 0 Robin Estanislau, Deputy City Clerk Cn co Jennifer Villasenor, Acting Planning Manager Kim De Coite, Administrative Assistant (714)796-2209 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. PROOF OF PUBLICATION County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter.I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of ING Santa Ana, County of Orange, and which news- Nonce ofITYCOUNLIC CIL OF BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH +1 has been adjudged to b newspaper Of I NOTICE IS HEREBY GIVEN that on Monday,November 17,2014,at 6:00 p.m.in the City" paper e a news p p Council Chambers,2000 Main Street,Huntington Beach,the City Council will hold a public' hearing on the following planning and zoning items: general circulation by the Superior Court Of the 1 LJ 1. ZONING TEXT AMENDMENT NO. 2014.001/111LOCAL COASTAL PRO.' GRAM AMENDMENT NO.14.002.APPEAL(DTSP-DISTRICT 1 ON SITE- County Of Orange, State Of California, Under the i ALCOHOL SALES)Appellant:Council Member Connie Boardman Applicant:'­ City of Huntington Beach Request: ZTA:To amend the Downtown Specific Plan_ (DTSP)to limit the hours'of alcohol sales to 10:00 PM Sunday through Thursday and 1 date Of November 19, 1905,Case NO. A-21046, j 11:00 PM Friday and Saturday,with food service allowable until midnight,for new or i expanded eating and drinking establishments in District 1 of the Downtown Specific Plan.LCPA: To amend the City's certified Local Coastal Program Implementing Or- that the notice, Of Which the annexed is a true i dinance(IP)to reflect Zoning Text Amendment No.14-001.On October'14,2014,the Planning Commission denied the request. Location:Downtown Specific Plan-Dis trict 1(Downtown Core)City Contact:Jennifer Villasenor W printed copy, has been published in each regular i NOTICE IS HEREBY GIVEN-that Item#1 is categorically exempt from the provisions of the, California Environmental Quality Act. , and entire Issue Of said newspaper and not In any NOTICE IS HEREBY GIVEN that Item#1 requires Local Coastal Program Amendment No., 14-002 to be certified by the California Coastal Commission. , Supplement thereof on the following dates, t0 I ON FILE: A copy of the proposed request is on file in the Planning and Building Depart7, ment,2000 Main Street,Huntington Beach,California 92648,for inspection by the public: wit: I A copy of the staff repport will be available to interested parties at the City Clerk's.Office on ion line at httpy/www.huntingtonb'eachca.gov on Thursday,November 13,2014. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions.or, j submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you,or someone, November 7,2014 else raised at the public hearing described in this notice,or in written correspondence de-, livered to the'City at, or prior to,the public hearing. If there are any further questions please call the Planning and Building Department at(714)536-5271 and refer to the above. items. Direct your written communications to the City Clerk. ,.. "I certify (or declare) under the penalty Of Joan L.Flynn,City Clerk City of Huntington Beach � perjury under the laws of the State of California 206WMain Street,2nd Floor Huntington Beach,California 92648 714-536-5227 that the foregoing is true and correct": http://huntingtonb6achca.gov/HBPublicComments/ Published:Orange r' November 7,2014 R-1823 M11Rn?0.-.,,._ Executed at Santa Ana, Orange County, � County ri Register'9� _e_ -` California,on Date: November 7,2014 6A, 16/ Signature The Orange County Register 625 N.Grand Ave. Santa Ana,CA 92701 /e 4 Zoning Text Amendment No. 14-001 e E Local Coastal Program Amendment No. 14-002 . . 4 Downtown Specific P1a=n District 1 — On-Site Alcoho Sales. City Council Meeting ' i November 17, 2014: i Request°: -$ ® ZTA► No. 14-001/LCPA N.o. 14-0�2: ;an amendment to . the Downtown Specific ,P.Ian (.DTSP) to 'ijncorporate the following Limitations for new or expanded eating and 1 drinki:n�g e tablishments in District 1:: ' — AIcoho ales shall b:epermitted between 7:Ot3 a.rn. to �! 10;00 p.rn, Sundays through Thursdays and from 7:OU ' a.m. up to 11;tD0 pm. Fridays and Sat�irdays — Food service would be allowed until midnight; and � ' - All eating and''drinking establishments with al�oho6 sales wou d be subject to condt'ionai use permit approvaF by ', t`he Planning Commission. 11/17/2014 Pialm Project Area- District 1 a • Amendmentwould:apply to new or.expanded � establishments • Existing restaurants with on= sale Iicenseswould be I' j "grandfathered„ I, a I ac k ro�u nod • The City Council directed the. proposed changes to the DTSP in July 2014 to address alcohol-related issues in the downtown area. • The Planning Commission denied the request on j October 14, 2014 citrng: � Inconsistent hours compared to existing District �. restaurants and hours approved for Pacific C6ty � restaurants ,' D`i.fficult to enforce. � Police Department enforcement will address th:e � issuesJspecificuiolators 11/17/2014 Appeal E 1 • Council Member Boardman appealed the Planning Commission's denial due to 3 — Concern regarding the number of late night .disturbances caused - by an ouersaturation of alcohol Ii'censes 'in the d.awntown core` area; ar�d ;� — Concern over negative impacts associated with alcohol uses on � adjacent properties and the surrounding residentia'I ! neighborhoods. The proposed changes to the Downtown Specific Plan would Limit. the hours of operation for eating and drinking establishments in the , ' District 1 (Downtown Core.) area to''be more consistent with the , f ' hours specified in City Council Resolution No. 2013 24 Eatin-g an:c� Dri'n:kiny Hours Cwurrenf Resolutiun!N'io: Hours_Pro��os,ec�VA FA No,1 i Esaakil-isFirnerits,v'u.'Alcoh'ol 2013 21:-U.TTF� i007 Recomrnendatio`,n � . Su nd d ay a Alcohol: 10 p.m. 00 8 rNv I c e::: III I h t 0 Food SaturdayFriday& Saturday a Alcohol: Midnight * Alcohol: 11 p.m. Food Service: Midnight * Food Service: Midnight District 1 (Adj.to SFR) Sunday—Thursday 11/17/2014 Consistent with City-Council direction; — Consistent with the goals and obje'cti�es of the DTSP that call for swell-balanced rnix of retail an,d restaurant uses while limiting alcohol-relateduses; — Compatible with the other uses downt�w�� as well as ' the surrounding residential neeghborhoods 'and beach �' — Would not affect the zoning designation, deuelo;pment standards or allowable density for any affected property. 1 forward LCPA N'o. 14�-002 to the Coastal Commission for ' certification as directed ny the City Coun�i1. Planning Commission Recommendation: 4 Esparza, Patty From: Dombo, Johanna Sent: Monday, November 17, 2014 7:53 AM To: Esparza, Patty Subject: FW: Next City Council Meeting Importance: High From: Ann Tarkington [mailto:garytarkington(&msn.com] Sent: Thursday, November 06, 2014 4:45 PM To: Shaw, Joe Cc: Dombo, Johanna Subject: Next City Council Meeting Importance: High Joe, The 10:00 pm restriction for new bars was voted down by planning commission last month, Connie has appealed it and it is back on the council agenda for their neat council meeting. Please let this be tabled until the new council is in office. Thank you, Ann Tarkington SUPPLEMENTAL COMMUNICATION Meeting Date: - /-1 h 7/,Io / Age Item No.� Z 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, November 17, 2014 11:00 AM To: CITY COUNCIL; Agenda Alerts Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#20389 from the Government Outreach System has been assigned to Agenda Alerts. Request type: Comment Request area: City Council - Agenda& Public Hearing Comments Citizen name: Robert Franklin Description: The majority of the Planning Commission did not support the proposed code amendment to the DTSP based on the following reasons: Staff did not offer any proof or findings that the proposed code amendment would make the situation on Main Street any better; no viable method of enforcement of the proposed code amendment was offered by staff and the proposed code amendment would create an unfair impact on future Main Street businesses when compared to the approved hours of operation for future restaurants in Pacific City or nearby commercial areas. Expected Close Date: November 19, 2014 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. SUPPLEMENTAL COMMUNICATION Meeting Cate: Agenda Item No. i