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HomeMy WebLinkAboutStudy Session - Downtown Outdoor Dining With Alcohol - Propo r CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Honorable Mayor and City Council Members VIA: Ray Silver, City Administrator 07V FROM: Howard Zelefsky, Planning Director SUBJECT: STUDY SESSION: Downtown Outdoor Dining w/Alcohol (ZTA No. 98-4) DATE: July 19, 1999 Attached please find the proposed ordinance, legislative draft ordinance, and license agreement with conditions of approval that have been revised to reflect the recommendations made by the Planning Commission on June 22, 1999. This item is scheduled for a tentative City Council public hearing on August 2, 1999. Detailed accounts of the changes made to the documents regulating outdoor dining with alcohol on public property were forwarded to the City Council in a memorandum dated June 23, 1999. Attachments: 1. Outdoor Dining Ordinance 2. Legislative Draft Ordinance x. 3. Draft License Agreement 4. Memo dated June 23, 1999 5. Issues matrix dated August 2, 1999 cc: Melanie S. Fallon, Assistant City Administrator �calrn `ti Gail Hutton, City Attorney Ron Lowenberg, Police Chief ry David Biggs, Economic Development Director Robert Beardsley, Public Works Director Ron Hagan, Community Services Director Daryl Smith, Superintendent, Parks, Tree & Landscape Scott Hess, Principal Planner Herb Fauland, Senior Planner Mike Strange, Senior Planner Peter Vanek, Assistant Planner Lt. Tony Sollecito, Police Department Lt. Bruce Kelly, Police Department (gAhAdowntown\cc71999) � . � i ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE DOWNTOWN SPECIFIC PLAN BY AMENDING SECTION 4.2.33 THEREOF ENTITLED "OUTDOOR DINING" WHEREAS,the City Council of the City of Huntington Beach has previously adopted the Downtown Specific Plan; and Pursuant to the California State Planning and Zoning Law,the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider amending Section 4.2.33 of the Downtown Specific Plan, entitled"Outdoor Dining"; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 4.2.33 of the Downtown Specific Plan, entitled"Outdoor Dining," is hereby amended to read as set forth in the document attached hereto as Exhibit"A," which document is incorporated by this reference as though fully set forth herein. SECTION 2. This ordinance shall become effective 30 days after its adoption, or upon certification of the California Coastal Commission,whichever occurs later. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1999. Mayor ATTEST: APPROVED AS TO FORM: 1 � City Clerk f,,/ City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Planning ord/j mfljn/outdoor/07/01/99 _ ATTACHMENT NO. � l EXHIBIT A AMENDMENT DOWNTOWN SPECIFIC PLAN OUTDOOR DINING W/ALCOHOL June 30, 1999 4.2.33 Outdoor dining: Outdoor dining on public or private property may be permitted subject to conditional use permit approval by the Zoning Administrator and compliance with this Section. (1) Location and design criteria. Outdoor dining shall conform to the following location and design criteria: a. The outdoor dining shall be an extension of an existing or proposed eating establishment on contiguous property. b. Outdoor dining located on the sidewalk area of the public right-of- way shall be limited to commercial areas within the Downtown Specific Plan. C. Outdoor dining located on the sidewalk area of the public right-of- way of the first block of Main Street and Pacific Coast Highway within District 3 and on the Municipal Pier shall provide a minimum ten(10)foot clear passage area or pedestrian access. Outdoor dining located on the sidewalk area of the public right-of-way and on all other areas shall provide a minimum eight(8)foot clear passage area for pedestrian access. A wider clear passage area may be required at the discretion of the Zoning Administrator. d. No outdoor dining shall be allowed in mini-parks,publicly owned plazas, or beach areas excluding concession carts with no seating. e. Outdoor dining establishments which do not serve alcohol and are located on public property shall be separated from the clear passage area on the public sidewalk and/or pedestrian walkway by a temporary cordon and removed when not in use. f. All tables, chairs, and umbrellas of outdoor dining located on public property shall be removed when not in use. g. Outdoor dining on private sidewalk areas shall provide a minimum eight(8)foot clear passage area for pedestrian access or a permanent cordon shall surround the outdoor dining area and a minimum five (5) foot clear passage area shall be provided. h. At street intersections,the triangular area formed by measuring 25 feet along the curb lines, shall be clear passage area. i. Temporary,mobile or free-standing food service providers are not eligible under these provisions. jmfljn/ordinance/outdine/07/01/99 1 ATTACHMENT NO. !.3 . • • (2) Operating requirements,provisions, and conditions. a. A License Agreement including use fees shall be obtained from the City for outdoor dining located on public property. The License Agreement shall be subject to termination at any time upon a 10 day prior written notice upon determination of the Zoning Administrator that one or more of the conditions or provisions of this Section 4.2.33 have been violated or that one or more factors listed in Subsection(5)below have changed and the permitted use is no longer compatible with the intended use of the public right-of-way or public property. Termination of a License Agreement shall nullify the conditional use permit. b. The applicant shall enter into a Maintenance Agreement with the City for maintenance of all portions of the public property used and approved by the Zoning Administrator for the outdoor dining. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. C. All outdoor dining operators shall provide a public liability insurance policy as specified in all current insurance resolutions. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. d. No food or beverages of any nature shall be sold to any occupant or rider of any motor vehicle or bicycle. e. The applicant(or operator) shall pay all fees and deposits required by the Huntington Beach Municipal Code,including the fee established for use of public property,prior to operation of the outdoor dining use. f. All provisions of the Huntington Beach Municipal Code and Zoning and Subdivision Ordinance shall apply. g. Alcoholic beverages may be served on public and/or private property subject to the provisions provided herein. h. The conditional use permit may be transferred upon sale or transfer of the restaurant subject to a written request approved by the Zoning Administrator and the property owner. An amendment to the License Agreement will be required prior to transfer of the conditional use permit for outdoor dining on public property. A conditional use permit transfer or License Agreement renewal or amendment may be denied if one or more of the factors listed in Subsection(5)have changed and the permitted use is no Ionger compatible with the intended use of the public right-of-way. i jmf/jn/ordinance/outdine/07/01/99 2 ATTACHMENT NO. I.4 (3) Parking. Parking shall comply with the Huntington Beach Zoning and Subdivision Ordinance or the Downtown Parking Master Plan;however, no parking spaces shall be required for the outdoor dining portion of the restaurant if the outdoor dining area does not exceed the following: Total Restaurant Area Outdoor Dining Area 1) 1,200 sq. ft. or less with: Maximum 5 tables and 20 seats 2) greater than 1,200 sq. ft.with: Maximum of 20%of the restaurant area, not to exceed 400 sq. ft. Any outdoor dining area which exceeds these standards shall provide 100%of the required parking for the entire area. (4) Enforcement. Enforcement of this Section 4.2.33 shall be by the Community Development Director or his/her designee. Any outdoor dining use within the Downtown Specific Plan that has been established without prior conditional use permit approval must obtain a conditional use permit and if located on public property, a License Agreement within 90 days following the effective date of this ordinance. Any establishment that plans to serve alcoholic beverages in an outdoor dining area must obtain a new conditional use permit and a new License Agreement from the City. (5) Necessary Findings In order to approve outdoor dining the Zoning Administrator shall make the following findings: a. The sidewalk's public use,pedestrian,transit and business services including but not limited to loading zones,bus stops, public phones, and benches, are not restricted. b. Building entryways are not obstructed. C. Pedestrian traffic volumes are not inhibited. d. Handicapped accessibility is provided where required. jmf/jn/ordinance/outdine/07/01/99 3 AMCHNEENT NO. I - ---- - _- r�, ATTACHMENT 2 �� • • LEGISLATIVE DRAFT DOWNTOWN SPECIFIC PLAN OUTDOOR DINING W/ALCOHOL June 30, 1999 4.2.33 Outdoor dining: Outdoor dining on public or private property may be permitted subject to conditional use permit approval by the Zoning Administrator and compliance with this 5section. (1) W Location and design criteria. Outdoor dining shall conform to the following location and design criteria: a. {+} The outdoor dining shall be an extension of an existing or proposed eating establishment on contiguous property. b. Outdoor dining located on the sidewalk area of the public right-of-way shall be limited to commercial areas within the Downtown Specific Plan. C. (ii+) Outdoor dining located on the sidewalk area of the public right-of-way of the first block of Main Street and Pacific Coast Highway within District 3 and on the Municipal Pier shall provide a minimum ten (10) foot clear passage area or pedestrian access. Outdoor dining located on the sidewalk area of the public right-of-way and on all other areas shall provide a minimum eight (8)foot clear passage area for pedestrian access. A wider clear passage area may be required at the discretion of the Zoning Administrator. d. (iv) No outdoor dining shall be allowed in mini-parks, publicly owned plazas, or beach areas excluding concession carts with no seating. e. M Outdoor dining establishments which do not serve alcohol and are located on public property shall be separated from the clear passage area on the public sidewalk and/or pedestrian walkway by a temporary cordon and removed when not in use. f. (vi) All tables, chairs, and umbrellas of outdoor dining located on public property shall be removed when not in use. (g:\pv\downtown\LGDROTD5) 1 ATTACHMENT NO. 2• I • • g. kv-4) Outdoor dining on private sidewalk areas shall provide a minimum eight (8) foot clear passage area for pedestrian access or a permanent cordon shall surround the outdoor dining area and a minimum five (5) foot clear passage area shall be provided. h. Fvgo At street intersections, the triangular area formed by measuring 25 feet along the curb lines ar the %area fermead by }he eAension of the pr-eneFty linos to the GUrh lines whinhever is mere restriGtive, shall be clear passage area. i. Temporary, mobile or free-standing food service providers are not eligible under these provisions. i Operating requirements, provisions, and conditions. a. 4A Uicense Aagreement including use fees shall be obtained from the City for outdoor dining located on public property. The License Agreement shall be subject to termination at any time upon a 10 day prior written notice upon determination of the Zoning Administrator that one or more of the conditions or provisions of this Ssection 4.2.33 have been violated or that one or more factors listed in Subsection (5) below (b) abeve have changed and the permitted use is no longer compatible with the intended use of the public right-of-way or public property: Termination of a License Agreement shall nullify the conditional use permit. b. (4)-The applicant shall enter into a Maintenance Agreement with the City for maintenance of all portions of the public property used and approved by the Zoning Administrator for the outdoor dining. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. C. R All outdoor dining operators shall provide a public liability insurance policy as specified in all current insurance resolutions. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. d. {+v)An GUtq9GF dining GAPFatGF shall net sell to meterists ef o food or beverages of any nature shall be sold to any occupant or rider of any motor vehicle or bicycle. e. M The applicant (or operator) shall pay all fees and deposits required by the Huntington Beach Municipal Code aad including the fee established for use of public property, prior to operation of the outdoor dining use. f. {vie All provisions of the Huntington Beach Municipal Code and Zoning and Subdivision Ordinance shall apply. (gApv\downtown\LGDR0TD5) 2 ATTACHMENT NO. 2•Z- g. Vw�AM ale Aalcoholic beverages may be served on public and/or private property subject to the provisions provided herein. h. (W4 The conditional use permit may be transferred upon sale or transfer of the restaurant subject to a written request approved by the Zoning Administrator and the property owner. An amendment to the License Agreement will be required prior to transfer of the conditional use permit for outdoor dining on public property. A conditional use permit transfer or License Agreement license renewal or amendment may be denied if one or more of the factors listed in Subsection (5) (b) above have changed and the permitted use is no longer compatible with the intended use of the public right-of-way. (3) (4) Parking. Parking shall comply with the Huntington Beach Zoning and Subdivision Ordinance or the Downtown Parking Master Plan; however, no parking spaces shall be required for the outdoor dining portion of the restaurant if the outdoor dining area does not exceed the following: Total Restaurant Area Outdoor Dining Area 1) 1,200 sq. ft. or less with: Maximum 5 tables and 20 seats 2) greater than 1,200 sq. ft. with: Maximum of 20% of the restaurant area, not to exceed 400 sq. ft. Any outdoor dining area which exceeds these standards shall provide 100% of the required parking for the entire area. (4) (0 Enforcement. Enforcement of this Section 4.2.33 shall be by the Community Development Director or his/her designee. Any outdoor dining use within the Downtown Specific Plan that has been established without prior conditional use permit approval must obtain a conditional use permit and if located on public property, a License Agreement within 90 days following the effective date of this ordinance. Any establishment that plans to serve alcoholic beverages in an outdoor dining area must obtain a new conditional use permit and a new License Agreement from the City. Ale-use shall he FeqUiFedfGF#I--- ---- (g:�pv�downtown�LGDROTD5) 3 ATTACHMENT NO. 7- 3 • • (5)-M Necessary Findings In order to approve outdoor dining the Zoning Administrator shall make the following findings: a. The sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches, are not restricted. b. (i+} Building entryways are not obstructed. C. Pedestrian traffic volumes are not inhibited. d. (W) Handicapped accessibility is provided where required. (gApv\downtown\LGDR0TD5) 4 ATTACHMENT NO. _ � f I� LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY Table of Contents 1 Permission.............................................................................................................1 2 Term;Fees and Charges........................................................................................1 3 Indemnification, Defense, Hold Harmless ..............................................................2 4 Workers' Compensation Insurance.........................................................................2 5 Insurance................................................................................................................2 6 Certificates of Insurance; Additional Insured Endorsement ....................................3 7 Release.................................................................................................................4 8 Waste....................................................................................................................4 9 Maintenance...........................................................................................................4 10 Control of Equipment; Animals ............................................................................5 11 Independent Contractor........................................................................................5 12 No Assignment.....................................................................................................5 13 No Title Interest...................................................................................................6 14 Notices.................................................................................................................6 15 No Discrimination................................................................................................6 16 Attorney Fees......................................................................................................7 17 Entirety................................................................................................................7 gA99agrecoutdoor rh 99-217 Revised 07/01/99 ATTACHMENT NO. �. I LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY This agreement is made and entered into on this day of , 199_, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and hereinafter referred to as "LICENSEE." WHEREAS, LICENSEE has applied to CITY for permission to encroach into the public right of way adjoining LICENSEE'S property, for the purpose of seating additional restaurant patrons therein; and CITY desires to allow such encroachment; and The parties wish to enter into an agreement defining their respective rights and responsibilities concerning said encroachment, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made _ I and exchanged, the parties covenant and agree as follows: 1. PERMISSION Permission is hereby given to LICENSEE to enter upon and use the public right of way as depicted in the map attached hereto as Exhibit "A" (hereinafter referred to as the"Public Right of Way") for the purpose of providing additional, temporary seating and tables for LICENSEE'S restaurant patrons. LICENSEE agrees to remove and replace such seating and tables each day, so that the seating and tables will not be stored or kept in the Public Right of Way overnight. Alcohol may be served pursuant to the terms of an approved Conditional Use Permit, and in conjunction with those requirements attached hereto as Exhibit`B." This License is non-exclusive, and the Public Right of Way shall at all times remain open for use by the public. 1 G:4:99Agree:0utdoor Rls 99-217 Revised: 07/OM9 ATTACHMENT NO. .L 2. TERM: FEES AND CHARGES The term of this License is one year. Either party may cancel this License upon 10 days written notice to the other party. In consideration of this License, LICENSEE agrees to pay to CITY an application fee, a use charge, and an inspection fee in the following amounts: a) Application Fee: Thirty Dollars ($30.00) one time fee. b) Use Charge: One Cent ($0.01) per square foot of public right of way encroached upon, for a total use charge of ($ )per year. c) Inspection Fee: Three Hundred Dollars ($300.00) per year. 3. INDEMNIFICATION,DEFENSE. HOLD HARMLESS LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to LICENSEE'S employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of _ License herein contained, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and expense. . 4. WORKERS' COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, LICENSEE acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation;LICENSEE covenants that it will comply with all such laws and provisions prior to the encroachment into the Public Right of Way pursuant to this license. 2 GA99Agree:0utdoor R!s 99-217 Revised: 07/01/99 ATTACHMENT NO. 3 LICENSEE shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars($100,000)bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. 5. INSURANCE LICENSEE shall carry at all times incident hereto, on all activities to be performed in the Public Right of Way as contemplated herein, general liability insurance, including coverage for bodily injury, and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 6. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior-to the encroachment into the Public Right of Way pursuant to this license, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state I 3 GA.Mgree:Outdoor Rls 99-217 Revised: 07/01/99 ATTACHMENT NO. -3r.4-- that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty(30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of LICENSEE'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to the encroachment into the Public Right of Way pursuant to this License. 7. RELEASE LICENSEE hereby releases and forever discharges CITY of and from any and all claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE onto the Public Right of Way. This is a complete and final release and shall be binding upon LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use of the Public Right of Way. LICENSEE hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY. 8. WASTE LICENSEE shall not alter, damage or commit any kind of waste upon the Public Right of Way or any improvement, equipment or personal property thereon and shall not interfere 4 0*99Agree:0utdoor Re 7 Revvised:ised: 07/01/99 ATTACHMENT NO. �. 5 in any manner with the operations or activities of CITY. LICENSEE shall make no change in the use of the Public Right of Way nor shall the design of the Public Right of Way be changed other than as authorized herein without prior written consent of CITY. LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Public Right of Way and agrees to indemnify and hold CITY harmless against any such liens including but not limited to the payment of attorneys' fees. 9. MAINTENANCE LICENSEE agrees to care for and maintain the Public Right of Way in good and satisfactory condition as acceptable to the City. Maintenance shall include daily cleaning of the Public Right of Way including but not limited to removal of all rubbish, food stuffs, paper, bottles, cans, gum, cigarettes, animal litter, dirt and sand. At the end of each business day, any and all furniture, fixtures or other items, permitted and used in the operation of the business shall be removed from the Public Right of Way. Such items shall not be returned to the Public Right of Way until the beginning of the next business day. Steam cleaning or high pressure water cleaning of the Public Right of Way, including the sidewalk, curb and gutter shall be accomplished no less than once each month or as otherwise directed by the CITY. In the event LICENSEE does not maintain the Public Right of Way in a satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within ten (10) days of billing. In the event any damage is caused to the Public Right of Way, including any damage to the brick pavers, hardscape, sidewalks, curb, planters, bollards, landscape, irrigation include but not be limited to system, street light, street or other utilities improvements, as a result of the encroachment authorized hereunder, LICENSEE agrees to repair same at its own expense. 5 GA:99AgreeDutdoor Rls 99-217 Revised: 07/01/99 ATTACHMENT NO. 3= In the event LICENSEE does not comply with all conditions of approval required by the Conditional Use Permit and relevant Downtown Specific Plan and Downtown Guidelines, Huntington Beach Municipal Code Section 7.12.05 and other applicable Huntington Beach Municipal Code Sections, as determined by the Community Development Director, the License may be canceled on 10 days written notice from CITY to LICENSEE. 10. CONTROL OF EQUIPMENT;ANIMALS LICENSEE shall keep any equipment used or brought onto the Public Right of Way under its absolute and complete control at all times and said equipment shall be used on the Public Right of Way at the sole risk of LICENSEE. LICENSEE shall allow no animals, with the exception of seeing-eye dogs, within the outdoor dining area. 11. INDEPENDENT CONTRACTOR LICENSEE agrees that all work done or undertaken by it on the Public Right of Way shall be for its sole account and not as an agent, servant or contractor for CITY. LICENSEE agrees to indemnify and hold CITY and the Public Right of Way harmless from and against all claims or liens of workmen and materialmen. 12. NO ASSIGNMENT LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder, without the express written permission of CITY. 13. NO TITLE INTEREST No title interest of any kind is hereby given and LICENSEE shall never assert any claim or title to the Public Right of Way. 6 GA:99Agree:0utdoor Rls 99-217 Revised: 07/01/99 ATTACHMENT NO. �3,7 • . . 14. NOTICES All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective addresses shown below: CITY: LICENSEE: Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 15. NO DISCRIMINATION LICENSEE agrees that in performance of this Agreement and in the use of the Public Right of Way authorized hereunder, it will not engage in, nor permit its officers, agents or employees to engage in, any discrimination or discriminatory practices against any person based on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. 16.. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees. REST OF PAGE INTENTIONALLY LEFT BLANK 7 GA99Agree:0utdoor Rls 99-217 Revised: 07/01/99 ATTACHMENT NO. ��$ 16. ENTIRETY This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to.be executed by and through their authorized offices the day, month and year first above written. LICENSEE: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President Director of Public Works By: print name APPROVED AS TO FORM: - ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer City Attorney REVIEWED AND APPROVED: City Administrator 8 GA99Agree:0utdoor Re 7 Revvised: 07/Ol/99 ATTACHMENT NO. sed: EXHIBIT A "PUBLIC RIGHT OF WAY" TO BE PROVIDED AT TIME OF CUP APPROVAL ATTACHMENT NO. �.1 a • EXHIBIT B LICENSE AGREEMENT -OUTDOOR DINING W/ALCOHOL STANDARD CONDITIONS a. Only establishments that are established as a `Bona fide public eating place", as defined by Section 23038 of the Alcoholic Beverage Control Act, shall be permitted to serve alcoholic beverages outdoors in accordance with Section 4.2.33 of the Downtown Specific Plan. b. Serving of alcoholic beverages shall not commence prior to 11:00 a.m. daily. The latest hour for serving alcoholic beverages and food in the outdoor dining area is 9:30 P.M., or no later that the closing of the associated food service of the establishment, whichever is first. All alcoholic beverages must be removed from the outdoor dining area no later than 10:00 P.M, or no later than the closing of the associated food service of the establishment, whichever is first. c. All servers employed in serving alcoholic beverages within outdoor dining areas shall undergo Licensee Education on Alcohol and Drugs (L.E.A.D.) training by the Department of Alcoholic Beverage Control. The business owner shall submit proof to that effect to the Planning Department prior to the initial establishment of alcohol service outdoors and on a quarterly basis for new employees hired within the previous three months. d. Establishments which serve alcoholic beverages outdoors are required to provide a physical barrier no less than 36 inches in height, and no more than 40 inches in height, surrounding the outdoor dining area that will prohibit passing of alcohol through the barrier. e. Barriers located on private property in accordance with this Chapter as required for serving alcohol outdoors shall be permanently installed. Barriers located on public property as required for serving alcohol outdoors shall be designed to be removable in the event that it is deemed necessary. f. Restaurants that provide outdoor dining with alcohol service on public property shall post a cash bond, of an amount determined appropriate by the Planning Director, to ensure removal of the outdoor dining enclosure. g. Restaurant management is responsible for running and operating the outdoor dining area. h. Outdoor dining areas shall be continuously supervised by management or employees of the establishment. Food establishments serving alcoholic beverages must have a supervisor on site at all times. Behavior that disturbs customers or passerby will not be tolerated and constitutes a violation of these provisions. i. No servers shall be permitted to serve any food or beverage item from outside the barriers as required by this Section 4.2.33. 1 ATTACHMENT NO. • �I ._. • EXHIBIT B • LICENSE AGREEMENT -OUTDOOR DINING W/ALCOHOL STANDARD CONDITIONS j. Outdoor dining patios are for sit down food and beverage service only; no stand up, walk-up or pick-up service is permitted. k. No signs may be placed on or secured to any barrier. 1. There shall be no alcohol served outdoors on July 41h m. All outdoor dining sites must be handicapped accessible. n. At the termination of the License Agreement, the outdoor dining barriers must be removed and the sidewalk returned to its original condition. o. A review of the use shall be conducted by the Staff within six (6) months of the issuance of the conditional use permit to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance (HBZSO). If the six (6) month review determines any violations of the conditions of approval or any applicable Chapters of the HBZSO or Huntington Beach Municipal Code, the conditional use permit shall be scheduled for a revocation hearing before the Zoning Administrator. At that time the Zoning Administrator may revoke the conditional use permit or consider modifications to the conditions of approval. p. Any violation of any condition of the applicable Conditional Use Permit, the Huntington Beach Municipal Code, or the Zoning and Subdivision Ordinance, shall be grounds for initiation of the revocation process for the Conditional Use Permit, and/or License Agreement. 2 ATTACHMENT NO. 3. lZ_ ATTACHMENT 4 HJ CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION H HUNTINGTON BEACH TO Honorable Mayor and City Council Members VIA Ray Silver, City Administrator FROM Howard Zelefsky,Planning Director` SUBJECT Downtown Outdoor Dining w/Alcohol (ZTA No 98-4) DATE June 23, 1999 At the June 22, 1999 Planning Commission meeting, the Planning Commission recommended approval of Zoning Text Amendment 98-4 (Outdoor Dining with Alcohol)with modifications to the City Council The recommended action requires a Conditional Use Permit with a public hearing to permit the consumption of alcohol on public property but utilizes the License Agreement as the primary regulatory document The following is a summary of the recommendations made by the Commission Downtown Specific Plan A revision was made to Section 4 2 33, Outdoor Dining, of the Downtown Specific Plan to permit the consumption of alcohol with outdoor dining on public property The followmg is a summary of the ordinance revisions ISSUE_-- ___=_- - -=s=_=_ __ _-=PCACTION The current ordinance pernuts an existing or proposed Eliminate drinking establishments eating or drinking establishments to have outdoor dining from having outdoor dining The current ordinance requires outdoor dining All establishments (existing or establishments obtain a conditional use permit and license proposed) must obtain a new agreement What process must a business go through to license agreement and conditional permit alcohol consumption in outdoor dining areas9 use permit to serve alcohol License Agreement The license agreement must be amended to allow the consumption of alcohol within outdoor dining areas on public property The Commission made the following change = ISSUE - - _ - - PCACTION- Maintenance of outdoor dining areas Recommend the area be cleaned with high-pressure water or steam cleaning monthly (VANIEK/D WNTWN/PCFOLLOW) ATTACHMENT NO. �L ZTA No. 98-4 June 23, 1999 Page Two Conditions of License Agreement: The Planning Commission recommends the license agreement be utilized as the primary regulatory document for outdoor dining with alcohol. The license agreement will include, an exhibit, conditions of approval for each establishment. The following is a summary of the revisions: -Iss VE�—I�-'-------u:z ---.PC.4CTIONV Hours of operation; no start time was specified; ending time Start time of 11:00 AM specified. for service is 9:30 PM, all alcohol to be removed by 10:00 PM. Alcohol to be served in glass containers with name of Deleted the requirement. business printed on container. Height of barrier enclosure. No less than 36 inches and no more than 40 inches. Location of outdoor dining areas shall be adjacent to No change to location building to serve alcohol. requirement. May be permitted in current locations. Minute Actions• The Planning Commission is forwarding several measures for consideration by the City Council. The minute actions are as follows: 1. The ordinance shall not become effective until a code enforcement officer is funded to work Friday through Sunday during the hours of operation for alcohol service within outdoor dining areas. 2. The City Council shall adopt a zero tolerance policy regarding enforcement of the proposed ordinance and revoking of the license agreement for any violations of the proposed ordinance. 3. The ordinance shall be reviewed following the summer of 2000 (Labor Day) by staff, Planning Commission and the City Council to evaluate whether operation of outdoor dining with alcohol should continue. 4. All license agreements shall be reviewed and renewed at the same time annually by staff. 5. All establishments which serve alcohol outdoors on public property shall pay a pro-rated share of the cost of enforcement to regulate the outdoor dining areas, based on the area leased by the establishment. (VANEK/DWNTWN/PCFOLLOW) ATTACHMENT NO. ZTA No. 98-4 June 23, 1999 Page Three 6. The City Council shall evaluate the possibility of forming a Business Improvement District(BID)to enable the businesses to maintain the outdoor dining areas and provide a method of equally distributing enforcement costs amongst' the outdoor - dining establishments (i.e. sidewalk cleaning). 7. This license agreement is a privilege,not a right to be granted to everyone, and should be based on the applicant's past history and performance. In compliance with city policy,the draft ordinance and associated documents will be provided to the City Council 30 days prior to the tentative hearing date in August. cc: Planning Commission Melanie S.Fallon,Assistant City Administrator Gail Hutton, City Attorney Ron Lowenberg,Police Chief David Biggs,Economic Development Director Robert Beardsley,Public Works.Director Ron Hagan, Community Services Director Daryl Smith, Superintendent,Parks,Tree&Landscape Scott Hess,Principal Planner Herb Fauland, Senior Planner Mike Strange, Senior Planner Peter Vanek,Assistant Planner Lt. Tony Sollecito,Police Department Lt.Bruce Kelly,Police Department (VANEK/DWNTWNRCFOLLOW) Af ACHMENT NO. AA� ATTACHMENT, 15 OUTDOOR DINING WITH ALCOHOL ISSUES MATRIX Downtown Specific Plan —ZTA No. 98-4 City Council-August 2, 1999 ITEM ISSUE STAFF PLANNING PLANNING NO. RECOMMENDATION COMMISSION COMMISSION SUB-COMMITTEE ACTION RECOMMENDATION 1. Plastic cups should be Utilize glass with the Concurs with staff Disagree with staff& utilized in place of glass. establishment name recommendation committee; delete imprinted on each glass condition of approval to require glass containers with name imprinted on them. 2. Sidewalk cleaning Included in license agreement Include in license Concur with staff; include regulations should be more (not part of ordinance)per agreement; require weekly as condition of approval in stringent, including more City's discretion cleaning license agreement,require frequent cleanings. monthly steam/pressure cleaning. 3. A method of pro-active Code Enforcement staff to All establishments that Minute Action; ordinance enforcement should be enforce the conditions of serve alcohol outdoors on does not become effective implemented. approval public property shall pay the until a Code Enforcement cost of an officer to solely Officer is funded to work patrol the area Friday through Sunday. 4. Additional regulation other Staff will include definition of Concurs with staff Concur with staff; include than allowing only"Bona meals in staff report—Code recommendation in license agreement as Fide"eating establishments Section 4.2.33(1)j defined by ABC Act should be implemented. Section 23038. 5. Outdoor dining with alcohol Outdoor dining is limited to Concurs with staff Concur with staff, no �y should be limited to specific commercial and mixed use recommendation change to the districts. districts. districts = 6. A list of the establishments All establishments have an Concurs with staff Concur with staff. that comply with the current approved plan that complies recommendation Z regulations should be (part of CUP process) ---i provided. 0 GNANEKOWNTWN/ISSUES7 ] OUTDOOR DINING WITH ALCOHOL ISSUES MATRIX Downtown Specific Plan —ZTA No. 98-4 City Council-August 2, 1999 ITEM ISSUE STAFF P.C. SUBCOMMITTEE P.C.ACTION NO. RECOMMENDATION 7. Outdoor dining with alcohol No change to proposed Exclude the Pier Concur with staff; may be should not be permitted on allowed in District#10 the pier. (Pier) 8. A limit should be placed on Staff has excluded all Concurs with staff Concur with staff; allowed the overall percentage of establishments besides"Bona recommendation for"Bona Fide"eating sales of alcohol per Fide"eating establishments. establishments. establishment. 9. Restaurants should be Requirement will be included Concurs with staff Concur with staff; include required to post a bond to in ordinance—Code Section recommendation as a condition of approval in remove the outdoor dining 4.2.33(2)i license agreement; bond to equipment. be determined by Director. 10. Every dining area should Dining areas are required to Concurs with staff Disagree with staff& be provided against the be adjacent to the building recommendation committee; recommend no building; each business if they wish to serve alcohol change to current should be informed that —Code Section 4.2.33(1)k ordinance and permit in this is the only way existing locations. outdoor dining with alcohol will be permitted. 11. Provide a plan that shows a Staff will provide for public Concurs with staff Concur with staff; clear indication where hearing recommendation Informational item only. public and private property is located. 12. Provide information as to Establishments that could Concurs with staff Concur with staff; which establishments would provide outdoor dining within recommendation Informational item only. be affected and which code requirements may be would not. affected if they wish to serve alcohol 01 G:VANEK/DWNTWNASSUES7 2 OUTDOOR DINING WITH ALCOHOL ISSUES MATRIX Downtown Specific Plan — ZTA No. 98-4 City Council-August 2, 1999 ITEM ISSUE STAFF P.C. SUBCOMMITTEE P.C.ACTION NO. RECOMMENDATION 13. Provide an update on any Less than 10 complaints have Implement pro-active Minute Action; adopt city code enforcement issues. been filed within the last three enforcement policy for zero tolerance for years any violations. 14. Each business should No bond is proposed, License Code enforcement should Minute Action; all provide a bond to pay for Agreement requires$300.00 use the administrative establishments shall pay a code enforcement. inspection fee citations more pro-actively pro-rated share of the cost of enforcement 15. Provide information on Information is provided and Concurs with staff Concur with staff, each business and how analyzed as part of the CUP recommendation Informational item only. many square feet they process occupy 16. Provide clarity as to why Enclosure design will be Concurs with staff Concur with staff; included the Police Department modified; closely spaced bars recommendation as a condition of approval in wants an impenetrable to prevent passage of alcohol license agreement; require barrier and the Public —Code Section 4.2.33(1)i design to prohibit passing of Works Department design alcohol through barrier. allows 6"between enclosure bars. 17. Glass should be utilized for Require that glass be utilized Concurs with staff See No. 1 above. drinks. recommendation 18. Clarification needs to be The units represent the Concurs with staff Concur with staff; provided with respect to the estimated number of each recommendation Informational item only. ti "units" indicated on the item required for the outdoor :10 Public Works cost dining area enclosures C7 estimates. = 19. All pertinent ABC issues ABC has been involved in Concurs with staff Concurs with staff. mneed to be explored. process and will enforce the recommendation regulations 0 ,� G:VANEK/DWNTWN/ISSUES7 3 OUTDOOR DINING WITH ALCOHOL ISSUES MATRIX Downtown Specific Plan—ZTA No. 98-4 City Council-August 2, 1999 ITEM ISSUE STAFF P.C. SUBCOMMITTEE P.C.ACTION NO. RECOMMENDATION 20. Issue permits for six months No change to proposed Condition for six month Included as a condition of only review should be included approval in license agreement; staff to conduct six month review. 21. Enforcement should be the Code Enforcement has Concurs with staff See No. 3 above. responsibility of the Police responsibility(work with recommendation Department or City ABC and Police Dept.) Attorney 22. Plaza Almeria should be No outdoor dining plan for Concurs with staff Concur with staff; included Plaza Almeria has been recommendation Informational item only. submitted 23. Who will pay for the The applicant will pay the Concurs with staff Concur with staff;the barriers? cost of the barrier recommendation applicant pays for the barrier. 24. Standard Conditions are not Standard conditions are not Concurs with staff Concur with staff; included in Specific Plan or intended to be included in the recommendation as conditions of approval in Ordinance ordinance the license agreement. 25. Why are three documents Two documents exist Concurs with staff Disagree with staff& needed? currently—The standard recommendation committee; recommended conditions of approval will that the license agreement .> be part of the conditional be the primary tiuse permit enforcement document. > 26. No mention of barriers in To be included in license Concurs with staff Concur with staff; included = license agreement. agreement for outdoor dining recommendation as a condition of approval in with alcohol the license agreement. fY'1 27. Private Sidewalk Widths No change proposed Passageways/Sidewalk Concur with staff; no widths min.8 feet for public change from current &private property standards. a C� G VANEwnwrnwrr/1ssUEs7 4 OUTDOOR DINING WITH ALCOHOL ISSUES MATRIX Downtown Specific Plan —ZTA No. 98-4 City Council-August 2, 1999 ITEM ISSUE STAFF P.C. SUBCOMMITTEE P.C. ACTION NO. RECOMMENDATION 28. Server Access to tables Require that servers access A min. 2 feet clear area Included as a condition of their tables from within the within area to allow server approval in the license barrier—Code Section access to tables—No service agreement; require that 4.2.33(1)m permitted from beyond servers access their tables perimeter of area from within the barrier 29. Loitering No change proposed-Not an Provisions to discourage The PC took no action on issue addressed in ordinance loitering should be included the issue. The Municipal Code addresses the issue. 30. Potential"zig-zagging"of No change proposed: goal is Business owners need See No. 10 above. outdoor dining areas to have uniformed locations cooperation of neighboring against the building—each businesses—each location CUP is subject to location would be reviewed on a review case by case basis 31. Enclosure maintenance Part of existing license Concurs with staff See No. 2 above. agreement recommendation 32. Barrier Height 42 inch high barrier Concurs with staff Disagree with staff& required for all outdoor recommendation committee; PC dining with alcohol recommended a variable barrier height of no less than 36 inches and no more than 40 inches C) m Z i a O I(I)l G:VANEK/DWNTWN/ISSUES] 5 ' r• a. F .AND MADE A PART OF TH'RECORD AT I� AND MADE A PART OF THE RECOP,$ COUNCIL MEETING OF �"'19'99 COUNCIL MEETING OF OFFICE OF THE CITY CLERK OFFICE OF THE CITY CLERK CONNIE BROCKWAY,CITY CLERK ;.UNNIE BROCKWAY,CITY CLERK no lw 11 wso �_�r r v ION PJIRT'OFTHLr;_.. ICE OP THE CITY C:E - Gh� =t Ad CONMEE BROCKWAY,,^,: AND MADEA PART OF THL COUNCIL MEETING OFFICE OF?PP CITY,,;. CONNIE BROG, vh;l,CIT', iq AUF PR 7HE COUNCIL MEETING — OFFICE OF THE CITY CLERK CONNIE BROCKWAY,CITY CLERK • A r � n Willi 1 -:' SS31SOH i i' C• i=� -. .- Ir I V. \ •P .i al j.^ �jj r � �•f r • � M N 14 - t t E r K f M ECEIVED FROM AND DE A PART OF THE RECORD AT THE COUNCIL MEETING OF I-1 9 - a 1 OFFICE OF THE CITY CLERK CONNIE BROCKWAY,CITY CLERK II ,� • � n ill e '• v ,.. "+�, \ i� 'x�, Ira�`� •� , � � DOWN HECEIVED FROM AND MADE A PART OFTH9 RECORDAT THE COUNCIL . . OFFICE OF THE CITY CLERK CONNIE GROCKWAY,CITY CLERK FeJJfl �� TON BEACH POLICE CITY OF HUNTINGTON BE 4E OF THE CHIEF INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH *99 ■■ 15 To: A.J. Sollecito, Lieuten South Area Commander From: S.E. Johnson, Sergeants" ;z;t 7 Uniform Division Administrative Sergeant �T O Subject. Overview of the downtown area for 7-10-99 and 7-11-99 -(J Date: July 14, 1999 The majority of these shifts were uneventful. The vehicle closure on Main Street did not appear to have any negative effects on the local businesses,but there was a noticeable increase in pedestrian traffic. I spoke to several of the pedestrians who positively commented on the vehicle closure. The only negative effect of the vehicle closure was an increase in jaywalking and a noticeable number of subjects who sat in the roadway. The subjects who violated these statutes were not cited, but received warnings about the violations. There was one significant incident that occurred on 7-11-99 at approximately 0200 hours. Officers T. Martin and Munoz confronted a subject,Eric Odin Jensen(3-18-75),who was intoxicated while standing in the fountain at 200,Main Street. Jensen was splashing other pedestrians, and became combative with the officers, striking both officers several times. A second, unknown assailant,who managed to escape from the scene, also struck the officers. As to be expected, a crowd of approximately 100 people immediately tried to surround the officers, but were held back by security personnel from Hurricane's Bar. Jensen was eventually taken into custody with the assistance of Officers Velez, Drake and myself. He was charged with a violation of Penal Codes 148a and 243. Sergeants Cottriel and Austin then supervised several other officers with crowd control. During this time, Velez tried to get another intoxicated subject to leave the location. However,this subject, Sean Patrick Daugherty(3-31-74), refused to leave the location. Velez then tried to arrest Daugherty for a violation of Penal Code 148a. However, Daugherty broke free from Velez' grip, causing a struggle to ensue. Daugherty was eventually taken into custody with the assistance of Officer Flynn and myself. During Jensen's arrest, Officers Martin, Munoz and I all received minor injuries. Officer Flynn's prescription glasses were broken during the struggle with Daugherty. For further details of these arrests, see the attached copy of DR#99-12890. _N 0 Additionally,while the crowd was being dispersed, another intoxicated subject refused Officer Knorr's orders to leave the area of Main Street and Walnut Avenue. Knorr,with the assistance of Officer Adkins, eventually arrested the subject, Thomas Edward Kurek (8-14-77), for violations of Penal Codes 148a and 647f. No one was injured during this arrest.For further details of this arrest, see the attached copy of DR#99-12889. In conclusion,these incidents involved obviously intoxicated subjects, and may readily have lead to a major disturbance in the Downtown area. Similar situations will undoubtedly occur in the future,but may be exacerbated by the proposal to allow the consumption of alcoholic beverages in the Downtown sidewalk areas. R f � VED C,I Y CLERII, C[TY OF City Council Study Sessi G T ONBEACH, CA July 19, 1999 999 JUL I q p 5? ZTA No. 98-4 (Outdoor Dining w/ Alcohol) A. Introduction - Melanie S. Fallon B. Purpose of Ordinance - Herb Fauland 1. Allow alcoholic beverages in outdoor dining areas on public property. 2. Develop an appropriate process to permit the proposal. 3. Develop the appropriate locational criteria. 4. Develop an aesthetic and compatible enclosure design and height. 5. Develop appropriate conditions of approval to address the proposal. C. - Planning Commission Recommendation - Herb Fauland RECOMMENDED: Eliminate drinking establishments from having outdoor dining (Ordinance). RECOMMENDED: All establishments (existing or proposed) must obtain a new license agreement and conditional use permit to serve alcohol (Ordinance). RECOMMENDED: The outdoor dining areas must be cleaned with high- pressure water or steam cleaning monthly (License Agreement). RECOMMENDED: Start time of 11:00 AM, ending time for service is 9:30 PM, all alcohol to be removed by 10:00 PM (Condition of License Agreement). DELETED: Alcohol to be served in glass containers with name of business printed on container (Condition of License Agreement). RECOMMENDED: Barrier height of no less than 36 inches and no more than 40 inches (Condition of License Agreement). RECOMMENDED: Not adjacent to building. May be permitted in current locations (Ordinance). (GAhfldowntown\c=719) 1 Uwe- Cz , aTN �01 .SASw a Recommended by Minute Action: 1. The ordinance shall not become effective until a code enforcement officer is funded to work Friday through Sunday during the hours of operation for alcohol service within outdoor dining areas. 2. The City Council shall adopt a zero tolerance policy regarding enforcement of the proposed ordinance and revoking of the license agreement for any violations of the proposed ordinance. 3. The ordinance shall be reviewed following the summer of 2000 (Labor Day) by staff, Planning Commission and the City Council to evaluate whether operation of outdoor dining with alcohol should continue. 4. All license agreements shall be reviewed and renewed at the same time annually by staff. 5. All establishments which serve alcohol outdoors on public property shall pay a pro-rated share of the cost of enforcement to regulate the outdoor dining- areas, based on the area leased by the establishment. 6. The City Council shall evaluate the possibility of forming a Business Improvement District (BID) to enable the businesses to maintain the outdoor dining areas and provide a method of equally distributing enforcement costs amongst the outdoor dining establishments (i.e. sidewalk cleaning). 7. This license agreement is a privilege, not a right to be granted to everyone, and should be based on the applicant's past history and performance. D. Staff Recommendation - Herb Fauland Staff differs with the Planning Commission recommendation in three areas. They are, 1) the barrier height, 2) the location of outdoor dining, and 3) the containers. Conditions of License Agreement: 1. Only establishments that are established as a "Bona fide public eating place", as defined by Section 23038 of the Alcoholic Beverage Control Act, shall be permitted to serve alcoholic beverages outdoors in accordance with Section 4.2.33 of the Downtown Specific Plan. (GAhfWowntownkcss719) 2 2. Serving of alcoholic beverages shall not commence prior to 11:00 a.m. daily. The latest hour for serving alcoholic beverages and food in the outdoor dining area is 9:30 P.M., or no later that the closing of the associated food service of the establishment, whichever is first. All alcoholic beverages must be removed from the outdoor dining area no later than 10:00 P.M., or no later than the closing of the associated food service of the' establishment, whichever is first. 3. All servers employed in serving alcoholic beverages within outdoor dining areas shall undergo Licensee Education on Alcohol and Drugs (L.E.A.D.) training by the Department of Alcoholic Beverage Control. The business owner shall submit proof to that effect to the Planning Department prior to the initial establishment of alcohol service outdoors and on a quarterly basis for new employees hired within the previous three months. 4. Only establishments with outdoor dining located directly adjacent to the exterior wall of the establishment's building shall be permitted to serve alcoholic beverages. - S. Establishments which serve alcoholic beverages outdoors are required to provide a physical barrier of 42 inches in height surrounding the outdoor dining area that will prohibit passing of alcohol through the barrier. 6. Barriers located on private property in accordance with this Chapter as required for serving alcohol outdoors shall be permanently installed. Barriers located on public property as required for serving alcohol outdoors shall be designed to be removable in the event that it is deemed necessary. 7. Restaurants that provide outdoor dining with alcohol service on public property shall post a cash bond, of an amount determined appropriate by the Planning Director, to ensure removal of the outdoor dining enclosure. 8. Restaurant management is responsible for running and operating the outdoor dining area. 9. Outdoor dining areas shall be continuously supervised by management or employees of the establishment. Food establishments serving alcoholic beverages must have a supervisor on site at all times. Behavior that disturbs customers or passerby will not be tolerated and constitutes a violation of these provisions. 10.No servers shall be permitted to serve any food or beverage item from outside the barriers as required by this Section 4.2.33. (GAhfWowntowfficcw719) 3 11.Outdoor dining patios are for sit down food and beverage service only; no stand up, walk-up or pick-up service is permitted. 12.Alcoholic beverages shall be served in glass containers only. The name of the establishment serving the beverage shall be permanently printed in a clearly identifiable print on each glass container. 13.No signs may be placed on or secured to any barrier. 14.There shall be no alcohol served outdoors on July 4tn 15.All outdoor dining sites must be handicapped accessible. 16.At the termination of the License Agreement, the outdoor dining barriers must be removed and the sidewalk returned to its original condition. 17.A review of the use shall be conducted by the Staff within six (6) months of the issuance of the conditional use permit to verify compliance witty all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance (HBZSO). If the six (6) month review determines any violations of the conditions of approval or any applicable Chapters of the HBZSO or Huntington Beach Municipal Code, the conditional use permit shall be scheduled for a revocation hearing before the Zoning Administrator. At that time the Zoning Administrator may revoke the conditional use permit or consider modifications to the conditions of approval. 18.Any violation of any condition of the applicable Conditional Use Permit, the Huntington Beach Municipal Code, or the Zoning and Subdivision Ordinance, shall be grounds for initiation of the revocation process for the Conditional Use Permit, and/or License Agreement. E. Police Department Recommendation - Chief Ron Lowenberg The Police Department has indicated their lack of support for the proposed modifications to the outdoor dining ordinance to permit the consumption of alcohol on public property. Due to the current alcohol related problems associated with the Downtown area, the Police Department does not wish to see additional methods of alcohol consumption permitted. However, the Police Department offered recommendations, some of which were incorporated into the final process, in the event that the proposal was to move forward. The following is a list of the Police Department recommendations: (GAhfWowntown\=s719) 4 y 1. Provide a specific definition of what constitutes a meal. 2. Limit the amount of alcohol to be consumed with each meal. 3. Only establishments with outdoor dining adjacent to the building shall be eligible under this ordinance. 4. All alcoholic beverages must be removed from the outdoor dining area no later than 10:00 p.m. 5. No alcohol shall be served on July 4tn 6. The containers used to serve alcohol shall be made of glass with the establishment name imprinted on each glass. 7. Provide a minimum barrier height of 50 inches. F. Summary — Melanie S. Fallon (G:\hAdowntown\=s719) 5 04/16/1994 08:47 7148468ib RALPH H BAUER • PAGE 01 Fox 7144S 6.M7 How Phaw 714-34W927 July 19, 1999 2000 MAIN STREET HUNTR40MN BEACH CA. 92649 DEAR MAYOR GREEN AND COUNCILMEMBERS, I KNOW THAT YOU WILL BE DISCUSSING OUTDOOR DRINKING IN THE DOWNTOWN AREA TONIGHT. I WOULD JUST LIKE TO HAVE YOU CONSIDER THESE THOUGHTS. • DINING OUTSIDE ON THE STREET PUTS PEOPLE IN THE EXHAUST FUMES OF THE CARS WHICH IS UNHEALTHY. • THE BASIC CROWD DOWNTOWN IS BASICLY UNDERAGE AND CANNOT DRINK, 0 ENFORCEMENT OF THE OVER TWENTY-ONE CROWD SLIPPING A DRINK TO A MINOR WOULD BE IMPOSSIBLE TO MONITOR, • THE DRINKERS WOULD NOT BE SETTING A GOOD EXAMPLE FOR OUR YOUTH WHO WE ARE ENCOURAGING TO PARTICIPATE IN OUTDOOR SPORTS(SURRFING, SKATING, BICYCLING, ETC.) • TIIERE ARE MANY PATIO VENUES.WHERE ONE CAN DRINK DOWNTOWN . • THE SIDEWALKS DOWNTOWN ARE NOT WIDE ENOUGH TO ACCOMMODATE OUTDOOR DRINKING AND DINING. • THE POLICE ARE NOT SUPPORTING THIS PROPOSAL AS DOWNTOWN IS ALREADY LABOR INTENSIVE FOR THEM- *• PLEASE WEIGH ALL THESE OBVIOUS ARGUMENTS AGAINST DRINKING ON THE SIDEWALKS OF OUR FAMILY ORIENTED TOWN i SINCERELY, M C CHARLENE BAUER '0 rri O r"n C xy"r7 rr,, � �C '00 xL t v a City Council Study Session July 19, 1999 ZTA No. 98-4 (Outdoor Dining w/ Alcohols A. Introduction - Melanie S. Fallon B. Purpose of Ordinance - Herb Fauland 1. Allow alcoholic beverages in outdoor dining areas on public property. 2. Develop an appropriate process to permit the proposal. 3. Develop appropriate the a ro riate locational criteria. 4. Develop an aesthetic and compatible enclosure design and height. ; 5. Develop appropriate conditions of approval to address the proposal. -- cn_+�I:-)- "--<t"3 CU C. Planning Commission Recommendation - Herb Fauland ., 1> RECOMMENDED: Eliminate drinking establishments from having outdoor dining (Ordinance). RECOMMENDED: All establishments (existing or proposed) must obtain a new license agreement and conditional use permit to serve alcohol (Ordinance). RECOMMENDED: The outdoor dining areas must be cleaned with high- pressure water or steam cleaning monthly (License Agreement). RECOMMENDED: Start time of 11:00 AM, ending time for service is 9:30 PM, all alcohol to be removed by 10:00 PM (Condition of License Agreement). DELETED: Alcohol to be served in glass containers with name of business printed on container (Condition of License Agreement). RECOMMENDED: Barrier height of no less than 36 inches and no more than 40 inches (Condition of License Agreement). RECOMMENDED: Not adjacent to building. May be permitted in current locations (Ordinance). (GAhfldowntown\ccss719) �,� • t t i. Recommended by Minute Action: 1. The ordinance shall not become effective until a code enforcement officer is funded to work Friday through Sunday during the hours of operation for alcohol service within outdoor dining areas. 2. The City Council shall adopt a zero tolerance policy regarding enforcement of the proposed ordinance and revoking of the license agreement for any violations of the proposed ordinance. 3. The ordinance shall be reviewed following the summer of 2000 (Labor Day) by staff, Planning Commission and the City Council to evaluate whether operation of outdoor dining with alcohol should continue. 4. All license agreements shall be reviewed and renewed at the same time annually by staff. 5. All establishments which serve alcohol outdoors on public property shall pay a pro-rated share of the cost of enforcement to regulate the outdoor dining- areas, based on the area leased by the establishment. 6. The City Council shall evaluate the possibility of forming a Business Improvement District (BID) to enable the businesses to maintain the outdoor dining areas and provide a method of equally distributing enforcement costs amongst the outdoor dining establishments (i.e. sidewalk cleaning). 7. This license agreement is a privilege, not a right to be granted to everyone, and should be based on the applicant's past history and performance. D. Staff Recommendation - Herb Fauland Staff differs with the Planning Commission recommendation in three areas. They are, 1) the barrier height, 2) the location of outdoor dining, and 3) the containers. Conditions of License Agreement: 1. Only establishments that are established as a "Bona fide public eating place", as defined by Section 23038 of the Alcoholic Beverage Control Act, shall be permitted to serve alcoholic beverages outdoors in accordance with Section 4.2.33 of the Downtown Specific Plan. (G:hfWowntowntws719) 2 2. Serving of alcoholic beverages shall not commence prior to 11:00 a.m. daily. The latest hour for serving alcoholic beverages and food in the outdoor dining area is 9:30 P.M., or no later that the closing of the associated food service of the establishment, whichever is first. All alcoholic beverages must be removed from the outdoor dining area no later than 10:00 P.M., or no later than the closing of the associated food service of the' establishment, whichever is first. 3. All servers employed in serving alcoholic beverages within outdoor dining areas shall undergo Licensee Education on Alcohol and Drugs (L.E.A.D.) training by the Department of Alcoholic Beverage Control. The business owner shall submit proof to that effect to the Planning Department prior to the initial establishment of alcohol service outdoors and on a quarterly basis for new employees hired within the previous three months. 4. Only establishments with outdoor dining located directly adaacent to the exterior wall of the establishment's building shall be permitted to serve alcoholic beverages. - 5. Establishments which serve alcoholic beverages outdoors are required to provide a physical barrier of 42 inches in height surrounding the outdoor dining area that will prohibit passing of alcohol through the barrier. 6. Barriers located on private property in accordance with this Chapter as required for serving alcohol outdoors shall be permanently installed. Barriers located on public property as required for serving alcohol outdoors shall be designed to be removable in the event that it is deemed necessary. 7. Restaurants that provide outdoor dining with alcohol service on public property shall post a cash bond, of an amount determined appropriate by the Planning Director, to ensure removal of the outdoor dining enclosure. 8. Restaurant management is responsible for running and operating the outdoor dining area. 9. Outdoor dining areas shall be continuously supervised by management or employees of the establishment. Food establishments serving alcoholic beverages must have a supervisor on site at all times. Behavior that disturbs customers or passerby will not be tolerated and constitutes a violation of these provisions. 10.No servers shall be permitted to serve any food or beverage item from outside the barriers as required by this Section 4.2.33. (G:\hf\downtown\=s719) 3 • 11.Outdoor dining patios are for sit down food and beverage service only; no stand up, walk-up or pick-up service is permitted. 12.Alcoholic beverages shall be served in glass containers only. The name of the establishment serving the beverage shall be permanently printed in a clearly identifiable print on each glass container. 13.No signs may be placed on or secured to any barrier. 14.There shall be no alcohol served outdoors on July 4tn 15.All outdoor dining sites must be handicapped accessible. 16.At the termination of the License Agreement, the outdoor dining barriers must be removed and the sidewalk returned to its original condition. 17.A review of the use shall be conducted by the Staff within six (6) months of the issuance of the conditional use permit to verify compliance with--all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance (HBZSO). If the six (6) month review determines any violations of the conditions of approval or any applicable Chapters of the HBZSO or Huntington Beach Municipal Code, the conditional use permit shall be scheduled for a revocation hearing before the Zoning Administrator. At that time the Zoning Administrator may revoke the conditional use permit or consider modifications to the conditions of approval. 18.Any violation of any condition of the applicable Conditional Use Permit, the Huntington Beach Municipal Code, or the Zoning and Subdivision Ordinance, shall be grounds for initiation of the revocation process for the Conditional Use Permit, and/or License Agreement. E. Police Department Recommendation - Chief Ron Lowenberg The Police Department has indicated their lack of support for the proposed modifications to the outdoor dining ordinance to permit the consumption of alcohol on public property. Due to the current alcohol related problems associated with the Downtown area, the Police Department does not wish to see additional methods of alcohol consumption permitted. However, the Police Department offered recommendations, some of which were incorporated into the final process, in the event that the proposal was to move forward. The following is a list of the Police Department recommendations: (WhAdowntown1c=719) 4 1. Provide a specific definition of what constitutes a meal. 2. Limit the amount of alcohol to be consumed with each meal. 3. Only establishments with outdoor dining adjacent to the building shall be eligible under this ordinance. 4. All alcoholic beverages must be removed from the outdoor dining area no later than 10:00 p.m. 5. No alcohol shall be served on July 4tn 6. The containers used to serve alcohol shall be made of glass with the establishment name imprinted on each glass. 7. Provide a minimum barrier height of 50 inches. F. Summary - Melanie S. Fallon (GANWowntown\c=719) 5 1'7� CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION In HUNTINGTON BEACH To: Mayor and City Council Members Via: Ray Silver, City Administrator - From: Ronald E. Lowenberg, Chief of Police — `:= f y Date: July 14, 1999 z' Subject: Downtown Outdoor Dining w/Alcohol(ZTA No. 98-4) Before you is the proposal to allow the service of alcohol outside on public property in the downtown area. We have been involved with this issue since the idea first originated several years ago. Our original position has been unchanged since then. That is, we don't think it's the right time to introduce the service of alcohol outside on public property. Problems directly associated with the consumption of alcohol served inside the premises in the downtown area have been well documented. Even today, it still creates problems for our officers and visitors. Just recently one of our employees while trying to enjoy lunch with his family heard a loud and boisterous construction worker object to an employee's refusal to serve alcohol outside. His response was, "Without beer, how do you expect me to sit outside and watch all the babes go by?" From the beginning it appeared that the proposal was going to move forward, so having voiced our position we then offered suggestions to help control the outdoor service of alcohol should the city move in that direction. Several of the suggestions were incorporated in the original draft, however the final product that has been submitted for consideration is missing several items that we feel are very important. They are: 1. Alcoholic beverages served outdoors should only be served in glass containers that contain the name of the establishment. This would help identify the source of the alcoholic beverage when persons are found walking in the area carrying a drink. In addition, since marked glassware is more expensive, the servers and management would have more of an incentive to maintain control of the glassware to prevent them from leaving the location. If marked glassware continues to be unacceptable, then we would request that at a minimum all alcoholic beverages be served only in plastic cups with the establishment's name clearly marked on it. E�t :Z d 9 ! ! fi bbbl r3'I:7�3u I�J�i_"f 1 N10H Page 2 • • r July 14, 1999 Downtown Outdoor Dining w/Alcohol (ZTA No. 98-4) 2. Minimum height of the physical barrier surrounding the dining area should be no less than 50". This makes it more difficult to pass alcoholic beverages to persons walking by outside the dining area. Glass could be used for the top half of the barrier that will preserve the visual aesthetics of the area while making the passage of beverages more difficult. It would also serve to block the wind in the afternoon and to deflect the exhaust fumes and noise from passing vehicles. Our original position on this was a minimum height of 72", which is similar to the barriers installed at Longboard's. Through negotiation with the owners, we revised our position to 50" which, we feel, is the absolute minimum height to make it an effective barrier to make it difficult to pass beverages outside the dining area while seated. 3. Restrict dining areas to those areas directly adjacent to the exterior wall of the business. This would prevent pedestrians from walking between the front of the business and the outdoor dining area where alcohol is being served. Not only would this prevent accidents from occurring between the employees and pedestrians, it would make it more difficult to pass alcoholic beverages to the persons walking by the outside dining area. Members of the Special Investigations Unit recently visited the Third Street Prom in Santa Monica, and Pine Street in Long Beach. Since many comparisons have been made with these areas we felt viewing them first hand was necessary. Both of these location are worthy of emulation however, there are at least three major differences. First, these areas are part of a very large retail and business district extending many blocks in each direction. It is truly an upscale area with fine dining and expensive shops. Secondly, not one restaurant has the sidewalk passing between the front of the business and the serving area. All are adjacent to the front of the business. Lastly, according to the beat officers in Santa Monica, the vast majority of the patrons are all well above the legal drinking age so they don't experience problems with alcohol leaving the premises, thus the barriers delineating the serving areas are all in the 36" range. Because of these differences, we feel that the aforementioned suggestions are very important during the transition phase of our downtown area. One day, as the area matures, consideration can be given to relaxing some of the conditions. The Planning Commission submitted several minute actions for Council consideration. The department supports these measures, especially the provision that requires establishments to share the cost of enforcing this ordinance including the formation of a Business Improvement District (BID). Santa Monica utilizes a BID to fund bike patrols, service officers, additional beat officers, maintenance and special cleaning of the Third Street Prom. It was created by the city with the help of a private consultant and has proven to be very successful in originally upgrading and, now, maintaining the area. ` Page 3 July 14, 1999 Downtown Outdoor Dining w/Alcohol(ZTA No. 98-4) Personnel in the Vice Unit of Long Beach were not aware of a BID for the Pine Street area. The business owners association does privately fund a security officer for the area who shares time with the businesses. This is done on a voluntary basis and is not the subject of any permit process. It's our desire to really turn the downtown into a true destination for everyone to enjoy while maintaining a safe environment. Only with proper controls in place will the service of alcohol outside succeed. REL:BK N CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION O HUNTINGTON BEACH TO: Connie Brockway, City Clerk FROM: Howard Zelefsky, Planning Director / SUBJECT: OUTDOOR DINING W/ALCOHOL DATE: August 5, 1999 At the August 2, 1999 City Council meeting,the Council approved Zoning Text Amendment No. 98-4 (Outdoor Dining w/Alcohol). Included as part of the RCA was a standard license agreement, along with suggested conditions of approval (an exhibit of the license agreement), for City Council review. For clarification purposes, the standard license agreement is an administrative document, subject to the preparation and approval of the City Attorney's office, as well as the Public Works and Planning Departments. The license agreement is not an ordinance, and would not require action by the Council for any subsequent changes. Please contact Peter Vanek at ext. 1684 if you require any additional clarification. cc: Ray Silver, City Administrator Melanie Fallon, Assistant City Administrator Gail Hutton, City Attorney Bob Beardsley, Director of Public Works Scott Hess, Principal Planner Herb Fauland, Senior Planner Peter Vanek, Assistant Planner File: Zoning Text Amendment No. 98-4 4-7 v �