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HomeMy WebLinkAboutZoning Text Amendment 13-001 to prohibit the sale of alcohol rsrr%r - P OOF OF PUBLICATION 2013 DEC -2 AMU.- 34 STATE OF CALIFORNIA) Zoning Text Amendment for both on-and off-site No. 13-001 was initiated consumption with a �+ by the City Council and CUP.. Other,uses, such SS. COUNTY recommended by Staff as hotels and.cultural COUNTY O® ORANGE ) amend the Downtown institutions, may ,also �+ Specific pecific Plan (DTSP) to have alcohol beverage prohibit the sale of al;.'sales ancillary to the cohol for off-site con- primary use. sumption (sealed con- This amendment would tainers) in District 1 apply to all new estab- am a citizen of the United States and a (Downtown Core) pur- lishments.Existing busi- suant to Section 2.6 of nesses that have off- resident of the County of Los Angeles; I the Downtown Specific sale licenses would be .Plan. 'The amendment allowed to operate as am over the age of eighteen years, and applies to any permitted they currently do, i.e. use in District t -grandfathered, and con- not a party to or interested in the notice Retail sales of alcohol tinue to-serve any pub- for off-site consumption lic need for the retail published. I am a principal clerk of the (sealed containers) in. sale of alcohol in the District 1 of the DTSP downtown area. The HUNTINGTON BEACH are allowed as follows: City _determined that •Permitted by-right(no this amendment was INDEPENDENT, which was adjudged a Conditional Use Permit) necessary to reduce the when in conjunction incidence of alcohol- newspaper of general circulation on with any retail business :related crime and prob- if the.floor area devoted lems in the downtown September 29, 1961, case A6214, and to the sale, display or core and surrounding storage of alcohol is no residential and beach June 11, 1963, case A24831, for the greater than 10 percent areas. of the total floor area of PASSED.AND ADOPTED Cityof Huntington Beach Mount of CITY OF HUNTINGTON retail market or by the City Council of g y BEACH florist/gift shop. the City of Huntington Orange, and the State of California. ! Conditional Use Per- "Beach at a regular g LEGAL NOTICE` mit. approval by the meeting held Attached to this Affidavit is a true and ORDINANCE NO.4005. Planning Commission is November 4, 2013 by required if the floor the following roll call complete copy as was printed and Adopted by the City(oundI area devoted to alcohol vote: .onNOVEMBER4;2013 is greater than'10 per- AYES: Sullivan, Hardy, published on the following date(s): !"AN ORDINANCE OF THE cent of the total floor Boardman, Carchio, CITY COUNCIL OF„THE area of a retail market: Shaw,Karper s CITY OF HUNTINGTON Eating and drinking l s; NOES:Harper ;BEACH AMENDING SPE- tablishmente can also. ABSTAIN:None ICIFIC PLAN N0. 5 be permitted to have ABSENT:None Thursday, 14 2®13 DOWNTOWN SPECIFIC off-site alcohol sales THE FULL TEXT OF THE 9 9 iPLAN (ZONING TEXT and obtain a Depart- O AIL IB A N C E. IS AMENDMENT NO. 13- merit of Alcoholic Bev- AVAILABLE IN THE CITY 001)" erage-Control.license to CLERK'S,OFFICE.. SYNOPSIS: allow the gale of alcohol This ordinance shall I certify (or declare) under penalty - become effective c im- mediately upon certifi- cation perjury that the foregoing is true cation by the s t,ar- n i a c a n s Y,a,l Commission but not and Correct. less than 30 days aft- er its a{Iopfion. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Executed on November 26 2013 AN L.FLYNN,CI � MAN L.FLYNN,CITY CLERK at Los Angeles, California Published H.B. Indepen- dent.11/14/13 Signature Dept.ID PL 13-026 Page 1 of 5 Meeting Date: 10/21/20133 ) l67257-' 6-�" CITY OF HUNTINGTON BEACH AI REQUEST FOR CITY COUNCIL. ACTION MEETING DATE: 10/21/2013 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 Zoning Text Amendment No. 13-001 to prohibit the sale of alcohol for off-site consumption for any use in District 1 of the Downtown Specific Plan by approving for introduction Ordinance No. 4004 (Planning Commission Recommendation) or Ordinance No. 4005 (Staff Recommendation) Statement of Issue: Transmitted for your consideration is Zoning Text Amendment (ZTA) No. 13-001, an amendment to prohibit the sale of alcohol for off-site consumption for any use in District 1 (Downtown Core) of the Downtown Specific Plan (DTSP). The Planning Commission is recommending approval with revisions to require that all establishments requesting alcohol sales for on- or off-site consumption obtain a Conditional Use Permit from the Planning Commission (Recommended Action - A). Staff is recommending the City Council approve Zoning Text Amendment No. 13-001 to prohibit off-site alcohol sales in District 1 as recommended by the Police Department and directed by City Council (Recommended Action - B). Financial Impact: Not Applicable. Recommended Action: Motion to: A) PLANNING COMMISSION RECOMMENDATION: Approve Zoning Text Amendment No. 13-001 to require a Conditional Use Permit from the Planning Commission for all establishments requesting alcohol sales for on- or off-site consumption in District 1 of the Downtown Specific Plan with findings for approval (ATTACHMENT NO. 1) and approve for introduction Ordinance No. 4004, "An Ordinance of the City Council of the City of Huntington Beach Amending Specific Plan No. 5 - Downtown Specific Plan (Zoning Text Amendment No. 13-001)." (ATTACHMENT NO. 2). B) STAFF RECOMMENDATION: Approve Zoning Text Amendment No. 13-001 to prohibit the sale of alcohol for off-site consumption for any use in District 1 of the Downtown Specific Plan with findings for approval (ATTACHMENT NO. 3) and approve for introduction Ordinance No. 4005, "An Ordinance of the City Council of the City of Huntington Beach Amending Specific Plan No. 5 - Downtown Specific Plan (Zoning Text Amendment No. 13-001)." (ATTACHMENT NO. 4). Alternative Action(s): The City Council may make the following alternative motion(s): HB -111- Item 9. - I Dept.ID PL 13-026 Page 2 of 5 Meeting Date: 10/21/2013 1. Deny Zoning Text Amendment No. 13-001. 2. Continue Zoning Text Amendment No. 13-001 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Location: Specific Plan No. 5 (Downtown Specific Plan) — District 1 (Downtown Core) Zoning Text Amendment No. 13-001 is a request initiated by the City Council and recommended by Staff to amend the Downtown Specific Plan (DTSP) to prohibit the sale of alcohol for off-site consumption (sealed containers) in District 1 (Downtown Core) pursuant to Section 2.6 of the Downtown Specific Plan. The amendment would apply to any permitted use in District 1 (ATTACHMENT NO. 7). The recommended Ordinance and Legislative Draft are included in Attachment No. 4. Currently, retail sales of alcohol for off-site consumption (sealed containers) in District 1 of the DTSP are allowed as follows: v Permitted by-right (no Conditional Use Permit) when in conjunction with any retail business if the floor area devoted to the sale, display or storage of alcohol is no greater than 10 percent of the total floor area of a retail market or florist/gift shop. v Conditional Use Permit approval by the Planning Commission is required if the floor area devoted to alcohol is greater than 10 percent of the total floor area of a retail market. Eating and drinking establishments can also be permitted to have off-site alcohol sales and obtain a Department of Alcoholic Beverage Control license to allow the sale of alcohol for both on- and off- site consumption with a CUP. Other uses, such as hotels and cultural institutions, may also have alcohol beverage sales ancillary to the primary use. The proposed amendment would apply to all new establishments. Existing businesses that have off-sale licenses would be allowed to operate as they currently do, i.e. grandfathered, and continue to serve any public need for the retail sale of alcohol in the downtown area. The City has determined that this amendment is necessary to reduce the incidence of alcohol-related crime and problems in the downtown core and surrounding residential and beach areas. If adopted, Zoning Text Amendment No. 13-001 would be forwarded to the California Coastal Commission for certification. Zoning Text Amendment No. 13-001 would become effective upon approval of a minor Local Coastal Program Amendment by the Coastal Commission. B. BACKGROUND In January, 2013, the City Council adopted a six-month strategic plan objective directing the Chief of Police to present a report, including recommendations for City Council action, regarding the impact of alcohol sales and consumption in downtown Huntington Beach. Per the City Council's direction, the Chief of Police presented recommendations to reduce the impact of alcohol sales and consumption in the downtown area at the June 3, 2013, City Council study session. One recommendation was to prohibit any additional off-sale alcohol licenses in the downtown area because the Police Department had determined that off-sale alcohol contributes to Item 9. - 2 HB -112- Dept. ID PL 13-026 Page 3 of 5 Meeting Date: 10/21/2013 alcohol related crimes and problems in the downtown core area as well as the surrounding residential neighborhoods and on the beach. At the conclusion of the study session, the Chief of Police was directed by the City Manager to take action to prohibit any new off-sale Alcoholic Beverage Control (ABC) Licenses in the DTSP— District 1 area. At the July 15, 2013, City Council meeting, the Council adopted a resolution directing the Chief of Police to file a formal protest with the Department of Alcoholic Beverage Control of any future application for an off-sale alcohol license within the DTSP — District 1 area (ATTACHMENT NO. 6). The Council was also informed at the July 15 meeting that the Planning and Building Department would begin processing an amendment to the DTSP that would prohibit the sale of alcohol for off- site consumption in the District 1 area. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: The Planning Commission held a public hearing to consider Zoning Text Amendment No. 13-001 on September 24, 2013. During the public hearing, one member from the public spoke in support of the Zoning Text Amendment as proposed. The Planning Commission discussed the benefits and consequences of prohibiting new off-sale alcohol licenses. The Planning Commissioners acknowledged the problems related to alcohol uses downtown but believe that prohibiting new off- sale licenses may deter uses such as a grocery store from locating downtown. The Planning Commissioners also stated that effective regulations are likely to result from the work of the Downtown Task Force. After further discussion, the Planning Commissioners decided that instead of prohibiting future businesses with alcohol sales for off-site consumption, it would be better if such businesses were required to obtain a Conditional Use Permit (CUP) from the Planning Commission. The Commission also revised the Zoning Text Amendment to require a Conditional Use Permit (CUP) from the Planning Commission for all establishments requesting to sell alcohol for on-site consumption as well. Currently, eating and drinking establishments with hours past 11 p.m. Monday through Thursday and past 12 a.m. Friday through Sunday require a CUP from the Planning Commission, while eating and drinking establishments with hours up to 11 p.m. Monday through Thursday and 12 a.m. Friday through Sunday require a CUP from the Zoning Administrator. An Ordinance and Legislative Draft of the Planning Commission's recommendation are included in Attachment No. 2. Planning Commission Action on September 24, 2013: The motion made by Franklin, seconded by Peterson, to approve Zoning Text Amendment No. 13- 001 as revised with findings for approval (ATTACHMENT NOS. 1 & 2) carried by the following vote: AYES: Bixby, Dingwall, Franklin, Kalmick, Peterson NOES: None ABSENT: Pinchiff ABSTAIN: Posey MOTION PASSED D. STAFF ANALYSIS AND RECOMMENDATION: The Police Department makes an average of 400 public intoxication arrests and 150 possession/consumption of alcohol in public arrests annually citywide, the majority of which are in the downtown area. According to the California Department of Alcoholic Beverage Control (ABC), there are currently five off-sale (Type 20 and 21) licenses issued to businesses within the DTSP — District 1 area. The Police Department has reported that the sale of alcohol at these businesses xB -113- Item 9. - 3 Dept.ID PL 13-026 Page 4 of 5 Meeting Date: 10/21/2013 contributes to alcohol-related crime and problems in the downtown area as well as the surrounding residential neighborhoods and on the beach, including underage drinking and increased prevalence of homeless persons. The Department of Alcoholic Beverage Control is the State agency charged with implementing laws governing the sale of alcohol in California (ABC Act) as well as issuing alcohol licenses. The ABC Act allows a certain number of on- and off-sale licenses to be issued per county based on population, and this is monitored at the census tract level. For the census tract in which District 1 is located, ABC has determined that four on-sale and two off-sale licenses would be appropriate based on the census tract population. The number of alcohol licenses can exceed the number determined appropriate by ABC. The ABC Act states that additional alcohol licenses may be issued if the local governing agency makes a finding of public convenience or necessity. In Huntington Beach, this finding is effectively made through the conditional use permit (CUP) process. Table 1 shows the number of issued licenses in the District 1 census tract compared to the number of licenses determined appropriate per the ABC Act. TABLE 1 993.11 4 38 34—District 1 2 7 5—District 1 Source:Department of Alcoholic Beverage Control(ABC) website As of May, 2012 As of September 10, 2013 The proposed changes to the Downtown Specific Plan recommended by staff would prohibit the sale of alcohol for off-site consumption in the District 1 (Downtown Core) area and potentially reduce the incidence of alcohol-related crimes in the downtown area. Limiting the sale of alcohol for off-site consumption in District 1 would ensure 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 prohibit the sale of alcohol for off-site consumption 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. 13-001 pursuant to the Police Department's recommendations and City Council direction. While the revisions recommended by the Planning Commission could also be an effective tool to manage the amount and nature of alcohol sales near downtown residential areas and the beach, and potentially reduce the incidence of crime related to alcohol consumption, the staff recommended action would be consistent with City Council direction, Police Department recommendations and Resolution No. 2013-30, which directs the Chief of Police to protest with ABC any future license applications for off-sale alcohol establishments in the Downtown Specific Area, District 1. Environmental Status: Zoning Text Amendment No. 13-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Item 9. - 4 xB -114- Dept. ID PL 13-026 Page 5 of 5 Meeting Date: 10/21/2013 Quality Act. This exemption would be applicable to both the Staff recommended and Planning Commission adopted changes to the Downtown Specific Plan. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Findings for Approval (Planning Commission Recommendation) 2. Draft Ordinance 4004 , "An Ordinance of the City Council of the City of Huntington Beach Amending Specific Plan No. 5 - Downtown Specific Plan (Zoning Text Amendment No. 13- 001)" (Planning Commission Recommendation) 3. Findings for Approval (Staff Recommendation) 4. Draft Ordinance 4005 , "An Ordinance of the City Council of the City of Huntington Beach Amending Specific Plan No. 5 - Downtown Specific Plan (Zoning Text Amendment No. 13- 001)" (Staff Recommendation) 5. Planning Commission Staff Report 6. Resolution No. 2013-30 7. DTSP — District 1 Map 8. PowerPoint Presentation HB -115- Item 9. - 5 ATTACHMENT # 1 ATTACHMENT INTO. 1 PLANNING COMMISSION SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 13-001 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 OF APPROVAL ZONING TEXT AMENDMENT NO. 13-001 1. Zoning Text Amendment No. 13-001 to amend the Downtown Specific Plan to require a Conditional Use Permit from the Planning Commission for any use requesting the sale of alcohol for on- or off-site consumption in District 1 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 entertainment 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. 13-001 would amend the DTSP to require a Conditional Use Permit from the Planning Commission for the sale of alcohol for on- or off-site consumption for any use, including restaurants and retail establishments, in the District 1 (Downtown Core) area of the DTSP. The changes to the DTSP would allow the City to more effectively control and manage establishments requesting the sale of alcohol and are proposed in response to recommendations made by the Police Department, which determined that the sale of alcohol contributes to alcohol related crime and problems in the downtown core area as well as the surrounding residential neighborhoods and on the beach. Implementation of the changes would be a measure to prevent negative impacts on adjacent properties, manage the amount and nature of alcohol sales near downtown residential areas and the beach, and potentially reduce the incidence of crime related to alcohol consumption. 2. In the case of a general land use provision, Zoning Text Amendment No. 13-001 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. The Police Department has determined that the sale of alcohol contributes to alcohol-related crime and problems in the area. Requiring a higher level of review on such uses would ensure greater compatibility with the other uses downtown as well as the surrounding residential neighborhoods and beach areas. HB -117- Item 9. - 7 3. A community need is demonstrated for the change proposed. The changes to the Downtown Specific Plan would require a Conditional Use Permit from the Planning Commission for any establishment requesting on- or off-site alcohol sales in the District I (Downtown Core) area of the Downtown Specific Plan and potentially reduce the incidence of alcohol-related crimes in the downtown area as well as the surrounding residential neighborhoods and on the beach. 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 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 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. Item 9. - 8 HB -118- ATTACHMENT #2 iin -119- Item 9. - 9 PLANNING COMMISSION RECOMMENDATION ORDINANCE NO. 4004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN NO. 5—DOWNTOWN SPECIFIC PLAN (ZONING TEXT AMENDMENT NO. 13-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have heldseparate, duly noticed public hearings to consider Zoning Text Amendment No. 13-001, which'�amends Specific Plan No. 5 — Downtown Specific Plan to require a Conditional Use Permit from the Planning Commission for any use requesting the sale of alcohol for on- or off-site .onsumption 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 C uncil 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 Page 2-13 of Section 2.7 (Food and Beverage Sales definition) and Figure 3-23 of Specific Plan No. 5 —Downto pecific Plan are hereby amended to read as set forth in Exhibit A. SECTION 2. This ordinance shall become effective immediately upon certification by the California Coastal Commission but /byy not less than 30 days after its adoption. PASSED AND ADOPTEDthe City Council of the City of Huntington Beach at a tY tY � regular meeting t/hel day of , 2013. Mayor ATTEST: INITI E A D APPROVED: City Clerk Directo of P- 116irling and Building REW44ND APPROVED: APPROVED AS TO FORM: Ciff f er City Atto ey I;f Exhibit A: Legislative Draft 13-3897/101854 4� � e V : � z ADMINISTRATION �., s A Zk 10 �9. Y A =� � . y . - E d. Establishments which provide jukeboxes,televisions,video games, video programs, or,,, recorded music and no other entertainment, as herein defined,are not required to comply with the provisions of this chapter, unless the recorded music is played on equipment which Is operated by'an agent or contractor of the establishment for a period exceeding ten minutes per hour. '` The intent of this section is to require,'an Entertainment Per t of establishments which 4 " provide tthat which is commonly known as a "DJ" and to,exempt establishments which X. provide incident or mbient m�usrc � ' Facade \ =The mare face or front of a building. J X` jV o \ \ Feasible \ � � . Capable of tieing a`ccornplished m a success,u manner vvithin°a reasonable period of°time, ' .taking into account economic, environmental;social an'd technological factors y � ` k �� Floor Area:Ratio, FAR� A , �4 _ k d �; k �. � A number wh�h ndicates how many s,dare feet of structure can be b�iltyon a site. FAR is w cleterrnined b dividrn the rocs flo y r a e of all'builditi s on a llot b the'area of that lot yg g g y t, �M �: , Fly tower ' , . :The structure and rigging behind and above the._stage in a perForming,arts the ter The purposen Fst of a:fly tower is a;system to ove set pieces, lights microphones and other equr}�ment on or�off VXwi ' ✓ .�� 40, kag&-and to lift or;"fly"the'scenery above;the stage , Nit Food andbeverage sales z _, , Retail salesof food and:beverages for off-srtepreparation and consumption.Typical uses 'include groceries 6r,d licatessens Establishments athwhich zo percent or more'of the transactions are wiles of re aredfood for on site or take out consumption shall be classified p p s , as�Catering Servi 'es or tmg wand�DrinkirigEstab hments rExcept in District�, Food awn"d w �tievera e sales with alcohoUc bevera e3sales shallmean establishments.where more than. VI g g '0 , IM ten"percent of the floor,area,:is devoted to sales,;clisplay,and storage of alcoholicbeverages. In ©istrict�, Fo d and Beverage Salesj.withvany,alcoholic beverage sales shall beclassified as retail I ' Markets wit alc oloh sales a� � � � Fractional ownersiip hotel: � � Facriity prcividrng overnight visitor a�ccomm©dations where at least some ofthe,guest.roons„ \ /Y u • wnwnteciijare.o nro,n a fractional time basis. A fractional,time 11110asisineans that an owner r7ecerves exclusive r:,i ht to use of the Individual unit x Own'IS IN �\ s pt \ ' {L H B 121 ... Item 9 11 _ ,_ z , MID s i 2, .. � o `. ��,.: F LA D SSE- s DEUELOPMEN��" STAN DARDS Verm% i e ses istriCt 1* Admin CUP__ CUPS' TUP F% Use* Permitted Permit from ZA from,PC. from ZA Accessory dwelling units V/ Artists'studios ✓ ✓ .fr. Banks and savings and loans branch offices Z ✓ Carts and kiosks 3 V/ 5 Commercial parking 4 Cultural institutions Eating and drinking establishments 5 V/ Eating and drinking establishments, with less than ✓12 seats Eating and drinking establishments, with alcohol ✓ (hours of operation up to 11 pm M-TH and a am Fri-Sun.) Eating and drinking establishments, with alcohol ✓ 1 � 5 (hours of operation past 11 pm M-TH and/or 12 am Fri-Sun.) Eating and drinking establishments, with dancing ✓ VIEW Eating and drinking establishments, with live [IX i entertainment Food and beverage sales, without alcoholic f beverage sales ' Health and sports clubs f �/ Home occupationslph Hotels, motels, and bed and breakfasts �/ Al Live/work units Offices, business and professional Personal enrichment services 9 g Personal services Public facilitiesIN I ✓ . ' Real estate businesses ` ✓ F Religious assembly Multi-family housing, apartments, condominiums, and stock-cooperatives (up to 4 units) Multi-family housin g, apartments, condominiums, ✓ and stock-cooperatives (more than 4 units) i Single-family detached dwellings'° V/ Retail markets with alcohol sales" ✓ Retail sales 1{ of { iv 'IEAH w h Item 9 - 12 z � xB 122 N \\\�\ 9 C• \ �\k \ \ p x''.�\ .a.. M RE DATIVII R E IM A MILN LAND USES & V DEY��, ME% TA si k 44 0 E DRAFT 1 W'A V' 4 , 101 Permitted Uses District 1* Admin C. U P Culp T. .UP Use* Permitted, Permit from ZA from PC from ZA ............ Retail sales, outdoor12 Service stations 13 Theaters /,V/ Travel services 'V/ *The sale of alcohol for on-or off-site consumption shall require a CUP from PC for any use in District 1. 'Must include retail sales 2With no drive through windows and not to exceed 5,000 square/feet 3Pursuant to Section 230.94 of the H BZSO 4 Not permitted on street level, street frontage for properties/fronting Main Street and/or Pacific Coast Highway. 5 Pursuant to Section 3.2.24 Outdoor Dining Pursuant to Section 230.12 of the HBZSO 7 Provided that: ® The live/work unit is permitted to be a maximum Of 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 Ve limited to the first or main floor only of the live-work L A, unit. A maximum Of 5 non-residential worker or employees are allowed to occupy the non-residential area at any one time. ® Dwelling units that include an office that is less than ten percent of the area of the dwelling unit shall not be classified as a live*ork unit. Pursuant to Section 3.3.1-3. Permitted Uses, items 1), and 2) 9 Not to exceed 5,000 square feet/ That comply with the standards/ provided in Section 3.3-4. District 4- Established Residential and the standards contained in the Residential Infill Lot Developments Ordinance in Section 230.22 of the HBZSO Exempting retail markets with no more than to percent of the floor area devoted to sales, display, Of ............. and storage of alcoholic beverages (including florist shops offering the sale of a bottle of an alcoholic beverage together with a/floral arrangement), provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. 12 Pursuant to Section 3".2.25. Outdoor Display Areas and Sales naul 3With minimum 14,000 square feet of net lot area, subject to the development standards outlined in Section 230-32 Of the HBZSO and located only on Pacific Coast Highway between 7th Street and 9th Street Note: IL` �a Projects with/less than loo'fronts ge and additions shall require a CUP from ZA. Projects with loo'frontage or greater shall require a CUP from PC. Figure 3-23 Permitted Uses District 1 (2 of 2) MIN 0 I\ V R R 1E 2 pp" IT,Q 'Q W3 W 'I MEN 111,", "Wu J" NOV 77 P "I A44 13 ATTACHMENT #3 Item v _ 1a H , „ ATTACHMENT NO. 3 STAFF SUGGESTED FINDINGS OF APPROVAL. ZONING TEXT AMENDMENT NO. 13-001 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 OF APPROVAL., ZONING TEXT AMENDMENT NO. 13-001 1. Zoning Text Amendment No. 13-001 to amend the Downtown Specific Plan to prohibit the sale of alcohol for off-site consumption for any use 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. 13-001 would amend the DTSP to prohibit the sale of alcohol for off-site consumption for any use, including restaurants and retail establishments, in District 1 (Downtown Core) area of the DTSP. The changes to the DTSP are a direct response to recommendations made by the Police Department, which determined that the sale of alcohol for off-site consumption contributed to alcohol related crime and problems in the downtown core area as well as the surrounding residential neighborhoods and on the beach. Implementation of the changes to prohibit off-site alcohol sales for any use in the District 1 (Downtown Core) area would be a measure to prevent negative impacts on adjacent properties, control the amount of off-site alcohol sales near downtown residential areas and the beach, and potentially reduce the incidence of crime related to alcohol consumption. 2. In the case of a general land use provision, Zoning Text Amendment No. 13-001 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. The Police Department has determined that the sale of alcohol for off-site consumption contributes to alcohol-related crime and problems in the area. Limiting the sale of alcohol for off-site consumption 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. HB -125- Item 9. - 15 3. A community need is demonstrated for the change proposed. The changes to the Downtown Specific Plan would prohibit additional off-sale alcohol licenses in the District 1 (Downtown Core) area of the Downtown Specific Plan and potentially reduce the incidence of alcohol- related crimes in the downtown area as well as the surrounding residential neighborhoods and on the beach. 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 Police Department, 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. Additionally, there are currently five establishments with off-sale alcohol licenses that are operating and would maintain the public's convenience. 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 prohibit the sale of alcohol for off-site consumption 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. Item 9. - 16 Hs -126- ATTACHMENT #4 STAFF RECOMMENDATION ORDINANCE NO. 4005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SPECIFIC PLAN NO. 5—DOWNTOWN SPECIFIC PLAN (ZONING TEXT AMENDMENT NO. 13-001) 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. 13-001,which amends Specific Plan No. 5 —Downtown Specific Plan to prohibit the sale of alcohol for off-site consumption for any use 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 Pages 2-12 and 2-13 of Section 2.7 (Eating and Drinking Establishments and Food and Beverage Sales definitions) and Figure 3-23 of Specific Plan No. 5 — Downtown Specific Plan are hereby amended to read as set forth in Exhibit A. SECTION 2. This ordinance shall become effective immediately upon certification by the California Coastal Commission but not less than 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of November , 2013. Oa aj%oort4 ATTEST: MTIATg APPROVED: City Clerk Director of Planning and Building REVI AND APPROVED: APPROVED AS TO FORM: C' INfAiger C— City Attorney l Exhibit A: Legislative Draft A �F r bu. nce No 4005 z"ADMINISTRATION" . . Demolition The deliberate removal or destruction of the frame or foundation of any portion of a building or structure. Director The Director of the Department of Planning or his or her designee, unless otherwise specified Dwelling, multiple unit A buildin or,bu►Iciin s:desr ned with:two o'r rno,re dwellm units �k g g g g S _ - .. =m d K Dwel��ng, single unit A detached building designed priman y for use as a single dwelling,no portion:ofwhicl is rented as a separate unit,�eXpect as permitted by this document Attached sarigle family dwellings shall ; be considered as multi fara�ily r .. Eating and drinking establishments § a" w Businesses serving prepared food or beverages for consumption on or off the premises This use s. classification shall;prohibit the sale of alcohol for off-site consumption in District Entertainment ' A Single event,a series of events, or�an ongoing activity or business, occurring alone or as art'of anotherbusrness to which the;public is invited to watch, listen;or participate;or is conducted for the purposes of holding the attention of, gaining the attention of or diverting or , amusiragguests orpatr=ons, including,but not Jrmited to x NIM gag s a Any amusement or eventsuch as live music pi other'performance which is knowingly p�rmrtted ,y`any esstaD�iisfimerit subject to this chapter,including presentations by single orb Itiple perforralers�,�s»chas hypnotists,pantomimes, comeclrans,song or dance acts, a plays,ci�ncerts,araytype of contet,spar ting events; exhibitions carnival or circus acts e `' � - r, lernorist'rations ofalent or itemsar gift or sale sbbws reviews grad anyother such activity > > r �. - ` w ✓'F"' 3i {`� a ix' ° 'gym which may be attended by r embers of the ublic ' A 3 ig b �!e ar recoiednuic wherepublic dancingis permitted ; i �� c Any event poratrolled c�nd ?cted, por�sored,encourager or knowingly permitted b any w M wa�� s` F� a y' .; �" Y y stabiis merit s'bJect Afb,is�chap er �rsrhich nvfl1ves nygofthe act viti:es described m th �f�r go,rag paragraphswhicl pesert�er1 by xaembers ofhepubJic, ahetherpr not the r � , :z partrcrpats�n said activities are compensated;by the establishment - W F`r- �`� ", °'\w; ;� z x l a . a` 1 :'e* A xggu 41 M 19 ' Exhibit A Ordinance No 4005 - .: • - . ?;-AQNGIN[STRAT[ON '. LEGISLATI W RAFT, d. Establishments which provide jukeboxes, televisions, video games, video programs, or recorded music and no other entertainment, as herein defined, are not required to comply with the provisions of this chapter, unless the recorded music is played on equipment which is operated by an agent or contractor of the establishment for a period exceeding ten minutes per hour. The intent of.this section is to require an Entertainment Permit of establishments which provide that which is commonly known as a "DJ" and to exempt establishments which -provide incidental or ambient music � Facade -" The main face orfront ofa building & � Feasible Capable of"bemg.accompl�shed in a successful manner within a.reasonable period of time, TF; taken into account economic environmental social and technolo ical factorsWIN - g Floor Area Ratio (FAR A nurrber,w�ich indicates how many square feet of structure can be built ion a site ' FAR is a � determined by dividing the gross"floor area of all buildings on.a lot by the area of that lot gm Fly tower " The structure and rigging behind and above the stagein a perrorming arts theater. The purpose of a fly tower is a ystem to move set pieces, lights, micrapho;nes and other equipment on or off stage and to lift or"fly"the scenery above the.stage. .Y 1=ood and beverage sales Retail sales of food and beverages for off-sit preparation and consumption.Typical uses include groceries or delicatessens. Establishments at which 20 percent or more of the tr Cat en on5zrviceseso of"prepared food for on-site or take-out consumption shall be classified I g Ling and Drinking Establishments. Food and beverage sales with a[cohoi►c beverage sai i`shall mean establishments where m. than ten Percent of the floor area is devoted to sales display and storage of alcoholic beverage(except m D"istnct:i where zhe sale of.a�cohol for off,.-site consurnpt1on is proh�brted) iOR \ Fract�oal ownership hotel "act provfdmg overnight v�s►tor accommodations where at:least some of the guest rooms ¢ 3 (units�"with►n'the facal�ty are owned separately by multiple owners onia fractional tJrne basis. A fract�oai tirre bassmeans that anFowner.receives exciustve right toR use of the"individuaf unit for a certain quantity of days per year and each unit ava�]able for fract�onai ownership waft have � � 1 ��, mult►p�e owners �� - : � �� a � ����,� .� ._ �a� �.. '- .�; `'-� �:;.v* - .€f..� ��a•__v, �� a.. L���:�v`� ,..�z� _;s s\` �., ' _r � -:. a' 3 L z� ;:_`\._ Da, gg WIMINIV 'Item 9. - 20 Exhibit A' Ord. No. 4005 UM s h r c F � '� i - 3 LAND USES & DEV EL4PMENT STANDARDS Permitted Uses District T* F LA LO LA 1� CUP CUP TUP Use* Permitted Permit from ZA from PC from ZA Accessory dwelling units ✓ Artists' studios' ✓ Banks and savings and loans branch offices z ✓ Carts and kiosks 3 Commercial parking a ✓ Cultural institutions ✓ Eating and drinking establishments 5 ✓ �i yam Eating and drinking establishments, with less than ✓ 12 seatsz Eating and drinking establishments, with alcohol (hours of operation up to 11 pm M-TH and 12 am Fri-Sun.) Eating and drinking establishments, with alcohol ✓ (hours of operation past 11 pm M-TH and/or 12 am Fri-Sun.) 3, 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 a Home occupations Ik '- _ .� .. Hotels, motels, and bed and breakfasts Live/work units 7 ✓ y Offices, business and professional 8 ✓ Personal enrichment services 9 Personal services IX ✓ Public facilitiesIN g, Real estate businesses ✓ q .' Religious assembly ✓ y ; Multi-family housing, apartments, condominiums, ✓ u . and stock-cooperatives (up to 4 units) i Multi-family housing, apartments, condominiums, and stock-cooperatives (more than 4 units) � g Single-family detached dwellings '° Retail markets with alcohol sales " ✓ . Retail sales •y �'�'",J? �^ �.• aG+L.;;:-.v``�-`; 2^S,sy�,}x'z,,+T� .�.€ 3\"� 1 N t..f,�..._.�Y� i" 2,'f ?, 3�5.:,�"C" ...teS��.• „`��.�.f. .}�' V�a°'= r�. 'aaZs���, �� < � s c_°-�r�.-.�`: ,r ' iF ,rys Fs��� t�i..lY.d' i Y l. "7 stia ➢^I P\.". t f L, s tt R IY ` r '� r ,:r 3 ��� ,": ��. .,,�y ���w��m ���',.,� .��� c ���`Y Y a� ��� :..�'I` ��d:-Is;L���.ri SW�•�.a � -� �-: � �,� vs• @� � ,�`w __....::�.1F.�............ ���`�: �._ � ������ c .:� •�"<'ra�,.^`ae ass .,�.�j� `' a '• x�. �.ecA��a��i'awl"''. ;,W � �c��"'+� � M,:� t §n �'a �z�� � , ,.y �, �� °���� �,�4 � �� �� ��� �� •a ������. �' �;� ��� �h� �z���� A ":Item 9. - 1 '7: Ekhi, t A - Ordinance No 4005 3 = LAND.US.ES& DEVELDPM ENT STANDARDS is Permitted Uses District 1* Admin CUP CUP TUP Use* Permitted Permit from ZA from PC from ZA Retail sales, outdoor tz Service stations '3 ✓ Theaters ✓ �g>3 Travel services ✓ *The sale of alcohol for off-site consumption is prohibited for any use in District 1. r. 'Must include retail sales 'With no drive through windows and not to exceed 5,000 square feet 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. r. 3 Pursuant to Section 3.2.24 Outdoor Dining 6 Pursuant to Section 230.12 of the HBZSO �\ 7 Provided that: E The live/work unit is permitted to be a maximum of 3,000 square feet. The non-residential area is permitted to be a maximum 50% of the area of each live/work unit. u The non-residential area function shall be limited to the first or main floor only of the live-work "i unit. A maximum of 5 non-residential worker or employees are allowed to occupy the non-residential area at any one time. © Dwelling units that include an office that is less than ten percent of the area of the dwelling unit ,, shall not be classified as a live/work unit. a Pursuant to Section 3.3•1•3• Permitted Uses, items 1), and 2) Not to exceed 5,000 square feet That comply with the standards provided in Section 3.3.4• District 4- Established Residential and the standards contained in the Residential Infill Lot Developments Ordinance in Section 230.2.2 of the HBZSO FIX "Exempting retail markets with no more than io percent of the floor area devoted to sales, display, and storage of alcoholic beverages (including florist shops offering the sale of a bottle of an alcoholic , beverage together with a floral arrangement), provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. tz Pursuant to Section 3.2.25. Outdoor Display Areas and Sales 3 With minimum 14,000 square feet of net lot area, subject to the development standards outlined in Section 230.32 of the HBZSO and located only on Pacific Coast Highway between 7th Street and 9th Street N ote: Projects with less than ioo'fronta e and additions shall require a CUP from ZA. Projects with ioo'frontage or greater shall require a CUP from PC. Figure 3 23 Permitted Uses District 1 (2 of 2) 111 a vY VRI \ MI. •"'4x+ti.`i���`e�'aS�..� .aa�x,a'-� �•�� �\� ��Gg.� ?� T 0-� Item J t��^^{{ . . Ord. No. 4005 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on October 21,2013, and was again read to said City Council at a Regular meeting thereof held on November 4, 2013, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis NOES: Harper ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 14,2013. x � In accordance with the City Charter of said City �� h ' f c- max: Joan L. Flynn, City Clerk City Clerk and ex-officio blerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #5 Hn .i. .. Rein 9. - 23 ® CityofIIuntinggton Beach Planning and Building.Department Ji Al S3 AFF R � RT HUNTINGTON BEACH ;. ° A,+i h,a,.. �;• ,'a, r`.�,'< c, �t'•S:,•, ..,,t r. .. ,. ssz €. ...... s".... ;. TO: Planning Commission FROM: Scott Hess, AICP, Director of Planning and Building BY: Jennifer Villasenor, Senior Planner w DATE: September 24, 2013 SUBJECT: ZONING TEXT AMENDMENT NO. 13-001 (DTSP DISTRICT 1 OFF-SITE ALCOHOL SALES) APPLICANT: City of Huntington Beach LOCATION: Specific Plan No. 5 (Downtown Specific Plan)-District 1 STATEMENT OF ISSUE: Zoning Text Amendment (ZTA) No. 13-001 involves an amendment to the Downtown Specific Plan (DTSP) to prohibit the sale of alcohol for off-site consumption in District 1 (Downtown Core). The amendment would apply to any permitted use in District 1. Staff s Recommendation: Approve Zoning Text Amendment No. 13-001 and forward to the City Council for adoption for the following reasons: - Consistent with City Council direction and Police Department recommendations; - Addresses public safety issues related to alcohol consumption associated with off-site sales in the downtown area as outlined by the Chief of Police on June 3, 2013; - Consistent with the City Council Strategic Plan goal to "Enhance and Maintain Public S afety"; and - Conforms to the General Plan, certified Local Coastal Program, and Chapter 247 of the Huntington Beach Zoning and Subdivision Ordinance. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 13-001 with findings (Attachment No. 1) and forward Draft Ordinance (Attachment No. 2) to the City Council for adoption." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 13-001 with findings for denial." B. "Continue Zoning Text Amendment No. 13-001 and direct staff accordingly." Item 9. - 24 HB -134- PROJECT PROPOSAL: Zoning Text Amendment No. 13-001 involves an amendment to the Downtown Specific Plan (DTSP) to prohibit the sale of alcohol for off-site consumption in District 1 (Downtown Core) pursuant to Section 2.6 of the Downtown Specific Plan. The amendment would apply to any permitted use in District 1 (Attachment No. 2). The proposed amendment would apply to new establishments. Existing businesses that have off-sale licenses would be allowed to operate as they currently do, i.e. grandfathered, and continue to serve any public need for the retail sale of alcohol in the downtown area. Catering businesses, which require an on-sale ABC license, would not be affected by the proposed ZTA. The City has determined that this amendment is necessary to reduce the incidence of alcohol-related crime and problems in the downtown core and surrounding residential and beach areas. BackZround: At the City Council's direction, the Chief of Police presented recommendations to reduce the impact of alcohol sales and consumption in the downtown area at the June 3, 2013 City Council study session. One recommendation was to prohibit any additional off-sale' alcohol licenses in the downtown area because the Police Department had determined that off-sale alcohol contributed to alcohol related crimes and problems in the downtown core area as well as the surrounding residential neighborhoods and on the beach. At the conclusion of the study session, the Chief of Police was directed by the City Manager to take action to prohibit any new off-sale Alcoholic Beverage Control (ABC) Licenses in the DTSP — District 1 area. At the July 15, 2013 City Council meeting, the City Council adopted a resolution directing the Chief of Police to file a formal protest with the Department of Alcoholic Beverage Control of any future application for an off-sale alcohol license within the DTSP —District 1 area. The City Council was also informed at the July 151h meeting that the Planning and Building Department would begin processing an amendment to the DTSP that would prohibit the sale of alcohol for off-site consumption in the District 1 area. Study Session: The Planning Commission held a study session on September 10, 2013. Staff introduced the proposed changes to the Downtown Specific Plan and provided background as described above. The Planning Commission asked questions related to applicability of the changes to existing businesses and requested additional information regarding the number of off-sale licenses allowable under the ABC Act, the number of off-sale licenses within the broader downtown area, and zoning of parcels within a half mile radius of District 1 (refer to Attachment No. 4). One member of the public spoke at the study session and provided a letter in support of the project in addition to supporting information previously prepared by the Police Department (Attachment No. 5). ' While the DTSP and Huntington Beach Zoning and Subdivision Ordinance generally refer to uses requesting the sale of alcohol for on- or off-site consumption, the Department of Alcoholic Beverage Control would classify the type of license as on-or off-sale. For purposes of discussion on ZTA No. 13-001,these terms are interchangeable. PC Staff Report—09/24/13 HB -135-3sr40 ZTA 13-001 DTSP District 1 Off-Site A]Item 9. - 25 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. Objective PF 1.3: Ensure that new developments in Huntington Beach are designed to encourage safety. Policy 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. 13-001 would amend the DTSP to prohibit the sale of alcohol for off- site consumption for any use, including restaurants and retail establishments, in the District 1 (Downtown Core) of the DTSP. The changes to the DTSP are a direct response to recommendations made by the Police Department, which determined that the sale of alcohol for off-site consumption contributed to alcohol related crime and problems in the downtown core area as well as the surrounding residential neighborhoods and on the beach. Implementation of the changes to prohibit off-site alcohol sales for any use in the District 1 (Downtown Core) area would be a measure to prevent negative impacts on adjacent properties, control the amount of off-site alcohol sales near downtown residential areas and the beach, and potentially reduce the incidence of crime related to alcohol consumption. Zoning Compliance: Not applicable. Urban Design Guidelines Conformance: Not applicable. Item 9. - 26,eport—09/24/13 HB -136-3sr40 ZTA 13-001 DTSP District 1 Off-Site Alcohol Sales) Environmental Status: Zoning Text Amendment No. 13-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Coastal Status: Zoning Text Amendment No. 13-001 would require an amendment to the City's certified Local Coastal Program, subject to approval from the California Coastal Commission, prior to becoming effective. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: Zoning Text Amendment No. 13-001 is based on recommendations from the Police Department as presented by the Chief of Police to the City Council on June 3, 2013. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on September 12, 2013. Notices were sent to all restaurant and retail businesses within the DTSP District 1 area as well as interested agencies/organizations including the Downtown Business Improvement District, Marketing and Visitors Bureau, Chamber of Commerce and the Downtown Residents Association. As noted in the Background section of this report, one letter in support of ZTA No. 13-001 was received at the September 10th Planning Commission study session (Attachment No. 5). As of September 17, 2013, no other communications regarding ZTA No. 13-001 have been received. Application Processin-Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not Applicable Not Applicable ANALYSIS: The Police Department makes an average of 400 public intoxication arrests and 150 possession/consumption of alcohol in public arrests annually citywide, the majority of which are in the downtown area. According to the California Department of Alcoholic Beverage Control (ABC), there are currently five off-sale (Type 20 and 21) licenses issued-to businesses within the DTSP — District I area. The Police Department has reported that the sale of alcohol at these businesses contributes to alcohol-related crime and problems in the downtown area as well as the surrounding residential neighborhoods and on the beach, including underage drinking and increased prevalence of homeless persons. PC Staff Report—09/24/13 HB -137-3sr40 ZTA 13-001 DTSP District 1 Off-Site Al Item 9. - 27 The Department of Alcoholic Beverage Control is the State agency charged with implementing laws governing the sale of alcohol in California(ABC Act) as well as issuing alcohol licenses. The ABC Act allows a certain number of on- and off-sale licenses to be issued per county based on population (Attachment No. 3), and this is monitored at the census tract level. For the census tract in which District 1 is located, ABC has determined that four on-sale and two off-sale licenses would be appropriate based on the census tract population. The number of alcohol licenses can exceed the number determined appropriate by ABC. The ABC Act states that additional alcohol licenses may be issued if the local governing agency makes a finding of public convenience or necessity. In Huntington Beach, this finding is effectively made through the conditional use permit (CUP) process. Table 1 shows the number of issued licenses in the District 1 census tract compared to the number of licenses determined appropriate per the ABC Act. TABLE 1 993.11 4 38(34—District 1) 2 7(5—District 1) Source:Department of Alcoholic Beverage Control(ABC)website *As of May, 2012 **As of September 10, 2013 As requested by the Planning Commission, Attachment No. 4 provides the information in Table 1 in addition to data on population and number of licenses issued for surrounding census tracts, census tract boundaries, parcels within half-mile of District 1 and zoning. Currently, District 1 of the DTSP allows the retail sale of alcohol for off-site consumption with a CUP from the Zoning Administrator. If the area devoted to the sale, display or storage of alcohol is less than 10 percent of the total floor area of a retail market or florist/gift shop no conditional use permit is required and the sale of alcohol is permitted by right. Eating and drinking establishments can also be permitted to have off-site alcohol sales and obtain an ABC license to allow the sale of alcohol for both on- and off-site consumption with a CUP. Other uses, such as hotels and cultural institutions, may also have these uses ancillary to the primary use. With the existing Downtown Specific Plan, the only way to regulate off-site alcohol sales for this group of uses is to specifically restrict off-site sales through conditions of approval on a CUP. The proposed changes to the Downtown Specific Plan would prohibit the sale of alcohol for off-site consumption in the District 1 (Downtown Core) area and potentially reduce the incidence of alcohol- related crimes in the downtown area. Limiting the sale of alcohol for off-site consumption in District 1 would ensure 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 prohibit the sale of alcohol for off-site consumption in District 1 of the Downtown Specific Plan would not inhibit the Item 9. - 28-eport—09/24/13 HB -138-;sr40 ZTA 13-001 DTSP District 1 Off-Site Alcohol Sales) 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. 13-001 pursuant to the Police Department's recommendations and City Council direction. ATTACHMENTS: 1. Suggested Findings for Approval—ZTA No. 13-001 2. Draft City Council Ordinance—ZTA No. 13-001 3. Sections 23815 —23827 California Business and Professions Code 4. District 1 and Surrounding Census Tracts Exhibit 5. Public Comment Letter Received at the September 10, 2013 Planning Commission Study Session. SH:MBB:jv PC Staff Report—09/24/13 HB -l 39-3sr40 ZTA 13-001 DTSP District 1 Off-Site A]Item 9. - 29 BUSINESS AND PROFESSIONS CODE SECTION 23815-23827 23815. It is hereby determined that the public welfare and morals require that there be a limitation on the number of premises licensed for the sale of distilled spirits. 23816. The number of premises for which an onsale general license is issued shall be limited to one for each 2, 000, or fraction thereof, inhabitants of the county in which the premises are situated. No additional onsale general licenses, other than a renewal or transfer or as permitted by Section 23821, shall be issued in any county where the number of all premises for which onsale general licenses are issued is more than one for each 2, 000, or fraction thereof, inhabitants of the county. No onsale general license shall be issued in lieu of or upon the cancellation or surrender of an onsale beer and wine license. 23817. Until July 1, 1963, the number of premises for which an offsale general license is issued shall be limited to one for each 2, 000, or fraction thereof, inhabitants of the county in which the premises are situated; and no additional offsale general license, other than a renewal or transfer or as permitted by Section 23821, shall be issued in any county where the number of premises for which all offsale general licenses are issued is more than one for each 2, 000, or fraction thereof, inhabitants of the county. On and after July 1, 1963, the number of premises for which an offsale general license is issued shall be limited to one for each 2,500, or fraction thereof, inhabitants of the county in which the premises are situated; and no additional offsale general license, other than a renewal or transfer or as permitted by Section 23821, shall be issued in any county where the number of premises for which all offsale general licenses are issued is more than one for each 2, 500, or fraction thereof, inhabitants of the county. 23817.4. The Legislature finds and declares that the public welfare and morals require that there be a limitation on the number of premises licensed for the off sale of beer and wine. 23817.5. (a) (1) The number of premises for which an off-sale beer and wine license is issued shall be limited to one for each 2, 500, or fraction thereof, inhabitants of the city or county in which the premises are situated. No additional off-sale beer and wine license, other than a renewal or transfer or as permitted by Section 23821, shall be issued in any city or county where the number of premises for which all off-sale beer and wine licenses are issued is more than one for each 2, 500, or fraction thereof, inhabitants of the city or county. (2) The number of premises for which an off-sale beer and wine license is issued in a city and county, in combination with the number of premises for which an off-sale general license is issued in a city and county, shall be limited to one for each 1,250, or fraction thereof, inhabitants of the city and county in which the premises are situated. No additional off-sale beer and wine license, other than a renewal or transfer or as permitted by Section 23821, shall be issued in any city and county where the number of premises for which all off-sale beer and wine licenses in combination with off-sale general licenses are issued is more than one for each 1,250, or fraction thereof, inhabitants of the city and county. (b) (1) Notwithstanding subdivision (a) , a retail off-sale beer and wine replacement license may be issued at a premises that was operated under an existing off-sale beer and wine license no less than 90 days prior to the date of application for the replacement license, provided that the existing licensee is subject to a bankruptcy proceeding and the existing licensee has no right to operate at the premises, or has abandoned the premises of that license. Item 9. - 30 1-1B -140- ATTACHMENT NO. 3.1 (2) A replacement license shall not be issued if the existing license has been, or is in the process of being, transferred, or if the existing license has been canceled by the licensee or surrendered by the licensee pursuant to department rule. (3) An application for a replacement license shall be accompanied by a fee of one hundred dollars ($100) and all conditions imposed upon the existing off-sale beer and wine license at the premises shall be imposed upon the replacement license. (4) Upon issuance of the replacement license, the off-sale beer and wine license existing at the premises shall be canceled by operation of law. A replacement license shall not be transferred to another premises. 23817.7. (a) Notwithstanding Section 23817.5, the department may approve an application for an off-sale beer and wine license in areas covered by Section 23817.5, if the applicant shows that public convenience or necessity would be served by the issuance, and where all of the following conditions are found to exist: (1) The applicant premises are located in a crime reporting district that is below that specified pursuant to paragraph (1) of subdivision (a) of Section 23958.4. In considering an application, the department may take into account adjacent crime reporting districts, if the applicant premises are located within 100 feet of the boundaries of any adjacent district. The department shall use an average of reported crimes in the crime reporting district in which the premises are located and reported crimes in any adjacent crime reporting district, if the total of crimes reported in the adjacent district or districts is greater than the crime reporting district in which the premises are located. (2) The applicant premises are located in an area that falls below the concentration level provided in paragraph (3) of subdivision (a) of Section 23958.4. (3) The local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines that public convenience or necessity would be served by the issuance. (b) The department may impose reasonable conditions on a licensee as may be needed in the interest of the public health, safety, and welfare regarding signing, training for responsible beverage sales and hours, and mode of sale. 23817.8. (a) Notwithstanding Section 23817.5, the department may approve an application for an off-sale beer and wine license by a licensed beer and wine wholesaler, even though the applicant premises will be located in an area having an undue concentration of off-sale beer and wine licenses, as provided in paragraph (3) of subdivision (a) of Section 23958.4, provided each of the following conditions are met: (1) The off-sale beer and wine license shall be held at the same location as the beer and wine wholesaler license. (2) The off-sale beer and wine license shall be restricted to sales solicited and accepted by direct mail, telephone, or on-line computer. The off-sale beer and wine license shall not be used for operations conducted from a retail store open to the public. (b) The department may impose reasonable conditions on a licensee as may be needed in the interest of the public health, safety, and welfare regarding signing, training for responsible beverage sales, hours, and mode of sale. 23817.9. For the purposes of Section 23817.5, beginning with the year 2000, population shall be determined by the most recent United States decennial census or a single subsequent census between United States decennial censuses validated by the Population Research Unit of the Department of Finance five years after a United States decennial census. 23817.10. Whenever it is made to appear to the department by satisfactory evidence that the population in any city or county has increased by more than 2, 500 or multiples of 2, 500 inhabitants or the population in a city and county has increased by more than 1, 250 or multiples of 1, 250 inhabitants since the most recent United States decennial census and if the total number of off-sale beer and wine licenses in that city, county, or city and county does not then exceed the maximum specified in Section 23817. 5, the department may issue additional licenses, not to exceed one off-sale beer and wine BB -141- ATTACHMENT NO Item 9. - 31 license for each increase of 2, 500 inhabitants in the city or county or for each increase of 1,250 inhabitants in the city and county since the taking of the census. 23818. Population, for the purpose of Sections 23816' and 23817, shall be determined by the most recent United States decennial or special census or a subsequent census validated by the Population Research Unit of the Department of Finance. 23819. Nothing in this article authorizes the cancellation of any license which may be outstanding in any county in excess of the number authorized by the ratio established in this article, nor shall anything in this article require the issuance of any license in any county because the number of the licenses does not equal the authorized ratio. 23820. The department may make all rules consistent with the provisions of Section 22 of Article XX of the Constitution, or the provisions of this division, necessary to carry into effect the provisions of this article, and to restrict the issuance of alcoholic beverage licenses, including seasonal licenses, but not including beer, beer and wine wholesaler's, and winegrower's licenses, to a number in any county as the department shall determine is in the interest of public welfare and morals, convenience, or necessity. 23821. Whenever it is made to appear to the department by satisfactory evidence that the population in any county has increased by more than 2, 000 or multiples of 2, 000 inhabitants since the most recent United States decennial or special census, and it appears to the department that by reason thereof the inhabitants of the county are unjustly and unfairly discriminated against, and if the total number of on-sale general licenses in such county do not then exceed the maximum specified in Section 23816, the department, subject to the limitation contained in Section 24070, may issue not to exceed one on-sale general license for each increase of 2, 000 inhabitants in the county since the taking of the census. Whenever it is made to appear to the department by satisfactory evidence that the population in any county has increased by more than 2,500 or multiples of 2, 500 inhabitants since the most recent United States decennial or special census and it appears to the department that by reason thereof the inhabitants of the county are unjustly and unfairly discriminated against, and if the total number of off-sale general licenses in such county do not then exceed the maximum specified in Section 23817, the department, subject to the limitation contained in Section 24070, may issue not to exceed one off-sale general license for each increase of 2,500 inhabitants in the county since the taking of the census. Before any applications for new original on-sale general or new original off-sale general or intercounty transfer of off-sale general or on-sale general licenses are accepted, the department shall publish pursuant to Section 6061 of the Government Code in the county where such new original licenses may be issued or into which off-sale general or on-sale general licenses may be transferred, notice of the department' s intention to receive applications for the issuance of such new original licenses or for the intercounty transfer of off-sale general or on-sale general licenses, setting forth the date, time, manner and place of acceptance of such applications within the county. In all other respects the limitation hereinbefore provided for shall continue in effect. 23824. Limitations provided by Section 23816 on the number of licensed premises shall not apply to premises located on land owned by and leased from the State of California, or to premises owned by the State of California, any incorporated city, county, city and county, airport district, or other district or public corporation of the State of California or to premises leased to the State of California or to any city or county, so long as the premises are operated as a bona fide public eating place, provided, however, that civic auditoriums owned by any incorporated city, county, city and county, or other district or any premises leased to the State of Item 9. - 32 HB -142- ATTACHMENT NO. 3.3 California or to any county or city for use as a civic auditorium and directly operated by a public entity shall be subject to the limitations provided by Section 23816, but shall not be required to be operated as a bona fide public eating place. The civic auditorium shall further not be subject to the provisions of Section 23793. Licenses issued on premises owned by the state, incorporated city, county, city and county, airport district, or other district or public corporation of the State of California, or issued on premises leased to the State of California or to any county or city, shall be renewable as set forth in Section 24048. These licenses shall be excluded from the number of premises used in determining application of the limitations provided by this article. These licenses shall be subject to an original fee of six thousand dollars ($6, 000) and shall be only transferable from person to person at the same premises. Prior to the issuance of these licenses, the governmental agency owning or leasing the premises shall file with the department a written request that the license be issued and a written statement setting forth the reasons why issuance of the license would be in the public interest. A written request filed with the department by the governmental agency owning or the city or county leasing premises used as a civic auditorium and directly operated as a public entity that the license be issued need not contain a written statement setting forth the reasons why issuance of the license would be in the public interest. Funds derived from fees collected pursuant to the amendments made to this section at the 1975-76 Regular Session of the Legislature shall be deposited in the General Fund. 23824.1. (a) The provisions of Section 23824 shall apply to convention centers and event centers which are operated by municipal, independent nonprofit agencies for the purpose of providing meeting rooms, exhibit space, or event and theatrical seating, or all of these. (b) Any license issued pursuant to this section shall be issued only upon condition that all revenues generated from the license shall be segregated and allocated for the operations and capital requirements of the convention center or event center only. (c) For purposes of this section, "event center" means a community center, activity center, auditorium, convention center, arena, or other building, collection of buildings, or facility which is used exclusively or primarily for the holding of exhibitions, conventions, meetings, spectacles, concerts, or shows. 23825. As used in this article, "onsale general license" includes a special onsale general license; provided, that the limitation prescribed in Section 23816 shall not prohibit the exchange of an onsale general license for a special onsale general license, or the exchange of a special onsale general license for an onsale general license. 23826. Notwithstanding any other provision of this chapter, in any county where the inhabitants number less than 2,500 and where on July 1 of any calendar year there exists in any such county none or only one on-sale general license and none or only one off-sale general license the department may issue one additional original on-sale general license and one additional original off-sale general license during the following 12-month period. In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. A license issued pursuant to this section shall not be transferred from one county to another. 23826.2. No new off-sale beer and wine license shall be issued in a county of the first class, as specified in Section 28022 of the Government Code, unless it is issued with conditions, pursuant to Sections 23800 and 23801, which provide that the sale of products other than beer and wine on an annual basis, measured by gross receipts, shall exceed the annual sales of beer and wine products measured by the same basis. HB -143- ATTACHMENT NO Item 9. - 33 23826.5. Notwithstanding any other provision of this chapter, in any county of the 58th class, the department may issue three additional original off-sale general licenses. In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. A license issued pursuant to this section shall not be transferred from one county to another. 23826.7. Notwithstanding any other provision of this chapter, in any county where the inhabitants number less than 5,000 but more than 3, 000 according to the 1970 federal census and where the major economy of that county is dependent upon the year-round use of that county' s recreational facilities the department may issue five additional new original on-sale general licenses for bona fide public eating places. Any premises to qualify for a license under this section shall have a seating capacity for 100 or more diners. In no event shall more than five such licenses be issued under this section. In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. Nothing in this chapter shall prohibit a person who currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. A license issued under this section shall not be transferred from one county to another nor shall it be transferred to any premises not qualifying under this section. 23826.8. Notwithstanding any other provision of law, the director may authorize the conversion of any on-sale general license for seasonal business to an on-sale general license if the on-sale general license for seasonal business was originally issued before May 1, 1982, or if an application for original issuance of that license was filed before May 1, ' 1982, or, in the case of any county of the 34th class, if the on-sale general license for seasonal business was originally issued before October 1, 1982, or if an application for original issuance of that license was filed before October 1, 1982. An application for conversion shall be accompanied by the fee required by Section 23954.5 for an on-sale general license. The department shall not accept any applications for original issuance of an on-sale general license for seasonal business on or after January 1, 1983. An on-sale general license for seasonal business which is converted to an on-sale general license under this section may not be transferred for a period of two years from the date of issuance, except as provided in Section 24071, and except when the department determines that the transfer is necessary to prevent undue hardship. The purchase price or consideration that may be paid by a transferee or received by a transferor of an on-sale general license created by conversion under this section shall not exceed six thousand dollars ($6,000) , except that after a period of five years from the date of issuance of the license there shall be no restriction as to the purchase price or consideration that may be paid by a transferee or received by a transferor. 23826. 9. (a) Notwithstanding any other provision of this chapter, in any county of the 56th class, the department may issue 10 additional new original on-sale general licenses for bona fide public eating places. Any premises to qualify for a license under this section shall have a seating capacity for 50 or more diners. In no event shall more than 10 on-sale general licenses for bona fide eating places be issued under this section. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) Nothing in this chapter shall prohibit a person who currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) A license issued under this section shall not be transferred from one county to another nor shall it be transferred to any premises not qualifying under this section. 23826.10. (a) Notwithstanding any other provision of this chapter, in any county of the 29th class, commencing January 1, 2009, the department may issue five additional new original on-sale general Item 9. - 34 HB -144- ATTACHMENT NO. 3.5 licenses for bona fide public eating places per year, for a period of three years. Any premises to qualify for a license under this section shall have a seating capacity for 50 or more diners. In no event shall more than 15 on-sale general licenses for bona fide eating places be issued under this section. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) Nothing in this chapter shall prohibit a person who currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) A license issued under this section shall not be transferred from one county to another nor shall it be transferred to any premises not qualifying under this section. 23826.11. (a) Notwithstanding any other provision of this chapter, in any county of the 18th class the department may issue five additional new original on-sale general licenses for bona fide public eating places per year, until January 1, 2016. To qualify for a license under this section the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners. Not more than a total of 15 on-sale general licenses shall be issued under this section. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) This chapter does not prohibit a person who currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) A license issued under this section shall not be transferred from one county to another nor shall it be transferred to any premises not qualifying under this section. 23827. Notwithstanding any other provision of this chapter, in any county where the inhabitants number less than 7, 000 and where the major economy of that county is dependent upon the continual use of that county's recreational facilities the department may issue four additional new original on-sale general licenses for bona fide public eating places. Any premises to qualify for a license under this section shall have a seating capacity for 100 or more diners. In no event shall more than four such licenses be issued under this section. In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. A license issued pursuant to this section shall not be transferred from one county to another. x8 -145- ATTACHMENT N®Item 9. - 35 l y UP ih A jo3 r .. v' W: /✓ \ 3 �.i Mew IN v. \4 \\ �.... MI II \\ ` a ON \ \\ ah \ t \•E / F Zonmig Designations r \� tesidential Mixed Use Residential Lou Density �� Mixed Use-Transit.Center bg y EM R.esidentialMediumDensity � \ Residential Medium Hi iDensi Consenati°n p' h' \ €k Density \\ Residential M€ednamHig�iDensity Coastal Conser;ration (Small Lot Subdistrict) ` Residential High Density Public \ Residential A�^iiculture RM Public ernipublic `\ \a \ Manufactured Home Park Open Space Parks and Recreation Subdistrict ,ommerciai Shoreline Subdistrict \\ \\ Commercial Visitor 0 3,Jata Recreation Subdistrict \\ \ \ Commercial General Commercial Office Miscellaneous \, Sp eafic Plan Desi gnu ons \ \ ndustrial re Qualified Classification \ Industrial General Parcels e a IndustnalLinuted ® Right ofW-ays,BndgPs channelsmm t� a .>>\ :. KI \ / From: Richardson Gray To: Villasenor,Jennifer; De Coite Kim Subject: Planning Commission--Project Review September 10,2013--Zoning Text Amendment No. 13-001 --DTSP District 1 Off-Site Alcohol Sales Date: Saturday, September 07,2013 1:36:24 PM Attachments: Chief Small Crime Report- 2012.pdf Chief Small Crime Report--2011pdf Dear Jennifer and Kimberly, Please provide this email to Scott Hess and all seven Planning Commissioners, as my pubic comments on the referenced Project Review item for this Tuesday. I plan to read these comments to the Planning Commission on Tuesday. For the last six years, I have owned my home in our Downtown neighborhood. strongly urge the Planning Commission to adopt the referenced Zoning Text Amendment No. 13-001, for the following reasons, among others. 1. As per the attached Huntington Beach Police Department ABC Reports for 2012 and 2011, the two major Reporting Districts, numbers 451 and 461, in the DTSP's District 1, had by far the worst crime rates in the City, and combined total crime rates that were over ten times the Citywide average, for both years. 2. Per a Huntington Beach Neighbors analysis in 2012, using then current ABC data and the 2010 Census, the DTSP District 1's census tract, number 993.11, has roughly three times the number of Off-Site ABC establishments per 1,000 residents than the same numbers for the Citywide and Countywide averages. Hence, our Downtown already has a large undue concentration of Off-Site ABC establishments. 3. Per Police Chief Kenneth Small's presentation to the City Council at their June 3, 2013 Study Session, regarding alcohol consumption and all of the related crime problems, our Downtown has one of the highest concentrations of ABC licenses in the entire State of California. Chief Small went on to say that our Downtown is unique in that its entertainment district directly abuts established residential neighborhoods, including mine. 4. Chief Small continued by saying that public alcohol intoxication (person cannot care for self or property, typically prompted by a complaint) is the most frequent Downtown crime, with approximately 400 arrests per year. 5. Last, Chief Small said that our Downtown has another roughly 100 arrests per year for public alcohol consumption. Thank you for consideration of my views. Richardson Gray 415 Townsquare Lane #208 Huntington Beach, CA 92648 714-348-1928 (cell) richardson.gray@yahoo.com KB -147- ATTACHMENT NO Item 9. - 37 0 �, CITY OF HUNTINGTON BEACH 1 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Investigator Kessler, Investigator Fong Vice Investigators CC: Chief of Police via Chain of Command FROM: Julie Romano Crime Analysis Unit DATE: January 31, 2012 SUBJECT: 2011 Part I Crimes and Part II Arrests for ABC Report I have attached a copy of Part I Crimes by RD and Part II Arrests by RD for the City of Huntington Beach. A summary is as follows: Total RD's In the City 130 Total Crime Count 10336 Average Crime Count per Patrol Area 79.51 A 20% greater number of crimes than the average number of crimes for all RDs is 95.41 There are 31 RDs with a count greater than 95.41. The RD's are listed in RD order. RI35 rt 1 Crra►es art IA e, t Vital RDs irk; rim` rt I[ rrs„ 7c�tal WIN"I'VOW" Al All G, 4. ` \ qgi 12 N®Rx. Item 9. - 38 HB -148- ATTACHMENT NO. 5.2 �• CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Investigator Fong, Investigator Archer Vice Investigators CC: Chief of Police via Chain of Command FROM: Julie Romano Crime Analysis Unit DATE: February 28, 2013 SUBJECT: 2012 Part I Crimes and Part II Arrests for ABC Report I have attached a copy of Part I Crimes by RD and Part II Arrests by RD for the City of Huntington Beach. A summary is as follows: Total RD's In the City 130 Total Crime Count 10084 Average Crime Count per Patrol Area 77.57 A 20% greater number of crimes than the average number of crimes for all RDs is 93.08 There are 31 RDs with a count greater than 93.08. The RD's are listed in RD order. 85 44 129 �e 178 7 253 66 31 9 � „ 98 2Q 118 r 65 32 97 ; ' 88 89 *7 1 . 97 1S8 0. 83 32 ` 115 ', S3 r 592 .. .: 339 73 412 ,,78 �7(7 148 1a6 76 n 3 82 ., 104 139 74 22 96 93. 56 24 80 67 147 k� 94 `° i 33 127 133 77 1© 1 82JI F a 3 A 3 53 ` 56 109 5(}0 621121 :v48 63 . 11 67� 124 117 68 28� '*279 23 51Z : 74" 58 12$ '�'�... "71 a27 1 4 18 41, 17 ; HB -149- ATTACHMENT NO Item 9. - 39 ATTACHMENT #6 RESOLUTION NO. 2013-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DIRECTING THE CHIEF OF POLICE REGARDING OFF-SALE ALCOHOL ESTABLISHMENTS WHEREAS, the City of Huntington Beach desires to maintain a vibrant and safe downtown commercial area to be enjoyed by visitors, residents and families; and Toward that end, the City Council has established standardized Conditions of Approval for Conditional Use Permits in the Downtown Specific Plan, District 1 area with alcoholic beverage sales and/or an entertainment permit, Further, the City Council has determined, based on information provided by the Police Department, that additional off sale alcoholic beverage establishments in the Downtown area may have an adverse impact on the City's desire to maintain a vibrant and safe downtown commercial area, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve that the Chief of Police protest any future license applications for off-sale alcohol establishments in the Downtown Specific Area, District 1. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of July , 2013. e REVIE ND APPROVED: Mayor Cit �4 n ger INITIATED AND APPROVED: Police Chief APP D AS TO FORM: - yoc Cit Attorn 13-3825/99158.doc HB -151- Item 9. - 41 Res. No. 2013-30 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on July 15, 2013 by the following vote: AYES: Sullivan, Boardman, Carchio, Shaw, Katapodis NOES: Harper ABSENT: Hardy ABSTAIN: None City Verk and ex-officio C rk'of the City Council of the City of Huntington Beach, California Item 9. - 42 HB -152- ATTACHMENT #7 Hd 1 ,temv . 43 DTSP DISTRICT 1 BOUNDARY MAP FEE if —/ ' V\\\\\\\�,\Y\//\/'\/J'•\\\\icei�\\Y\ Z jit Ally sy-04." i d lit It r �\ i wAi L 0 EPA 1: "WW o \ \ \\at sp ow IX au ilk at 1-\ LEE! � Ist 1 Ilk fill Item 9. - 44 HB -154- ATTACHMENT #81 Hd -155- Item 9 _ as 10/3/2013 � a m m . i i i Do Item 9. - 46 HB -I56- 1 10/3/2013 ® ® 0 • • e ! ! • o-�`y �� Kk • e • ��__` arc�:> � ,� _� r ��' � � � ��3 37,Po'. m r p O s ®" ® a a A HB -157- Item 9. - 47 2 10/3/2013 Census Population No.of 9 s e • o e • • o e e o re e o s e e � o o • a s o s a • e • D o s - • s s 1 0 p • e@ 0 e p ! o • a • o m - • s @ r 0 • 0 Tract No. Sale Licenses @ Off-Sale': y y ' by,ABC* 5,42) by AB an d WF \$ 99311 3,598 4 38 2 7 ` (34 District 1) (5 District 1) to 993 06 6,028 6 2 3 5 „t 993.07 2,502 2 2 1 0 N 99v3Y79': 4,547 5 5 2 1 • \\ \ 993�10 4,482 5 0 2 2 radiusr v v Source:Department of Alcoholic Beverage Control(ABC)website *As of May 2012 **As of September 10,2013 Item 9. - 48 HB -I58- 3 10/3/2013 Downtown RD's City of Huntington,SeS h - r�r:, \ter iF \ r Wt •' ` Asa gar ' \\ $ r k ^ 'k W i 44- is iR CITY L'FA CITY OF HUNTINGTON BEACH INTER NUNi1N6TON BEACH � Y -0EPARTMENT COMMUNICATION 5 � INTERAEP0.RTMENT COMMUNICATION TO: n e<.IrtvesGgatU Kessler,Investigator Being TO: Iri-stipior F-d.lrvestigator Archer Vice li—stmotor5 Viie l—Irgotors CC: Chief Of Poke via Crain of Command CC: Chief of Police via CY:aln of Command FROM J.H.Remane FROM Juh.Remane ChTe Ahaly_IS Unit Come Analysts Unit DATE: Ja':uary 31.2012 DATE: Febrij ry'3,2013 SUBJECT: 0011 Part l Comes and Part ll AJresd for ABC Report SUBJECT: 7012 Part l Cnnes and Part ll Anall hor ABC Report !Y—attached a Copy of Part I Crimes by RD and Pall II Arrests i::y RC forfie City'O Huntingmn I have adaChed a Cppy Cr Fart l Crimes ITV RO and Fart II Attests try F'D forthe City Of HUrtingen Beach. ASUT:marylsastollo.s: Beo- Asummcrylsestdlluws: Total PD's In fhe C'.• 130 Total P.D''In the C�ty 130 Total Cnrne Count 10330 Totai Come Coon_ 100ESy Average Come COJin,per Bell Area y,?1 Average_nme Coun[par Pa[rolArea A 2l greater in mber of cries than the average numner cf times for all PDs i9 96_41'i A 2ti%greater nrmber Cr crimes than the average runner of cries•or all RDA is 63C6' _ Them are 31 1 with a rn,aht greaterthan 95 41.ThePD's are listed in RD ghoo. TI!era are 31 RDs rri:h a cr-C g•eaterthan 93.0E.T-RD',are leited in RD omen. Ifi':M6fY1CYsa.E QEf3${-t[Eifs" f Aeix';;F'i[£Liki "t{s T 4 4b •. ��'.. Nil.• \� ¢; .\ •\lpz' ,d,"�,: '•%35 4a -153� :i'a 7s .';359 ''. ,�R !� % . 5b•...'.,31 4F ' 1 98 :O# 318,' 24Z�\\.Ea -'ATs ...R ''CCC \8i \\IS '3� 33' •/ --9i: Li I•>::i8) . "'Wad us ..S5x-3. a. lood Ill, to s`.iq�. fi icea t1m 'yte'•' . 3&.•.�... 5] :3 -092.A S3:'-a gr 5} 34>% !:�R 9c 99 3Z? c�j _53 % -d10 =iiZ£'Q - a ?B' 2tIZ: .•4H %.dTi. :'iB 3'32 :-- 6:"333 36E£ R6ei 3:9 93•:'- S3Y�r' _ 2_a3!. 32i .\E.'. 4, ',S6,.,•1t6,,.. ,';56 yd SeY I: 16 =Y ]?W;s:; xB -I59- Item 9. - 49 4 1 1 • ZETA Nn I3 Oa1� �� _ . Add,r�£e ees dolic safety issues related to alcohol consumption associated ith off site ales mthe downtow area, ry x Fr Consistent with Ci , Council rection and Police De arkm nt ; recommendatio5 � �;, v r z �� �. Consistent with :the goa s and object�ves�of�the TSl' that call � for a well balanced mix of eta�l and restaurant uses wh'!, � ° tmlt�nga c�oholrelated uses; �� �a MEnsures greater ampat b�l�ty with the other-uses downt n as well 1s the surrounding residential neighbarhoods nd �' \ beach areas, an cl ` , �� f �r�� '"Would not affect the zornng�"desigr�atron, devel An"ament��" / /° stanclards�cr allowable tlenslty for any affected.�poperky ERecc� � � emndati�©n�: � 5 Recommend hate a C1ty Coulnc � appr ve weZo ling Texgt endmF le,nt No. 13 OC1 and dopt ktne, ra, �C3rdlnance. �• �, / a .ems � � � �' �. s" :f • 1 .t City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov �'rr a�a� � � �► Office of the City Clerk t ' Joan L. Flynn, City Clerk NOTICE OF APPEAL TO CITY COUNCIL Appeal of Planning Commission Decision Date: October 2, 2013 To: Planning and Building Department City Attorney City Council Office Administration Public Works Department Police Department Filed bV: Mayor Connie Boardman Re: Appeal of Conditional Use Permit No. 13-018 (Local Bench Grill Alcohol —300 Pacific Coast Highway Unit 107B) Date for Public Hearing: TBD Copy of appeal letter attached: Yes Fee collected: n/a Completed by: Rebecca Ross, 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 C,4 L CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Joan Flynn, City Clerk From: Connie Boardman, Mayor Ob Date: October 1, 2013 Subject: APPEAL OF CONDITIONAL USE PERMIT NO. 13-018 (LOCAL BENCH GRILL ALCOHOL — 300 Pacific Coast Highway Unit 107B) I hereby appeal the Planning Commission's September 24, 2013, approval of Conditional Use Permit No. 2013-018 to permit the establishment of beer and wine sales and consumption within the building interior of an approximately 1,276 square foot restaurant. The grounds for my appeal are: 1 . Concern regarding an oversaturation of alcohol licenses in the downtown core area; and 2. Concern over potential impacts of these establishments to surrounding residents and the downtown area. Pursuant to Section 248.18 of the HBZSO, the City Council shall hear an appeal from the decision of the Planning Commission. CB:SH:hb CC' Honorable City Council Members Chair and Planning Commission 4 Fred A. Wilson, City Manager 0 Robyn Uptegraff, Interim Assistant City Manager rn Scott Hess, Director of Planning and Building zor Robin Estanislau, Deputy City Clerk Jane James, Planning Manager > Kim De Coite, Administrative Assistant = ) Hayden Beckman, Planning Aide NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, October 21, 2013, 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: ZONING TEXT AMENDMENT NO. 13-001 (DTSP — DISTRICT 1 OFF-SITE ALCOHOL SALES): Applicant: City of Huntington Beach Request: To amend the Downtown Specific Plan (DTSP) to prohibit the sale of alcohol for off-site consumption in District 1 (Downtown Core) pursuant to Section 2.6 of the Downtown Specific Plan. The amendment would apply to any permitted use in District 1. The City has determined that this amendment is necessary to reduce the incidence of alcohol-related crime and problems in the downtown core and surrounding residential and beach areas. Location: Specific Plan No. 5 (Downtown Specific Plan) — District 1 City Contact: Jennifer Villasenor NOTICE IS HEREBY GIVEN that Zoning Text Amendment No. 13-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Zoning Text Amendment No. 13-001 will require a Local Coastal Program Amendment 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 http://www.huntingtonbeachca.gov on Thursday, October 17, 2013. 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\estanisr\AppData\Local\Microsoft\Windows\Temporary lntemet Files\Content.outlook\Tu4QoVgw\131021 (ZTA 13-001 Downtown Alcohol Sales).docx 091.8/0919®1uanV oane algIjudwoa ww L9 x ww 9Z Ivuuol ap auanbq 0918/09l.9®Many qpm alq!Ivdwoo.9/9.Z x.G azls laquI 2nd Floor, Food, Art, Drinks Aloha Grill Avila's El Ranchito 126 Main St.#201 221 Main St. Ste. F 318 Main St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Avocado Cafe Baguetier Bakery Baja Sharkeez 438 Main St. 120 5th 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 92548 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 Jamba Juice Jan's Health Bar 101 Main St.#109 501 Main St. Ste. D Huntington Beach, CA 92648 Huntington Beach, CA 92648 label size 1"x 2 5/8"compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 0516018160 0918/0915®Many oaAB aigl12dwoo ww L9 x ww 9Z jewaoj ap ai.anbl13 0918/0915®tiaAy gjIM algltedwoo„8/g Z x j azls lagvl Java Point Coffee Johnny Rockets Ka Shabu 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 Luggatti's Italian Grill 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 Pera,'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 Scrtino's Caf6 602 Pacific Coast Hwy. 315 Pacific Coast Hwy. 150 5th St.#110 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 label size 1"x 2 6/8"compatible with Avery 051,60/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 0919/0%9@)faany oane 91g11edwo3 ww L9 x ww 9Z jewiol ap 9:4anIogg 0919/09 G9®faany g11M algl}etlwoo„8/9 Z x«l azls lagel Supreme Donuts Surf City Deli &Grill Sushi on Fire 602 Pacific Coast Hwy. 200 Main St. #1O3B 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 The Local Bench Grill 200 Main St. #109 205 Main St. 300 Pacific Coast Hwy, Unit 107-B Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 The Scoop on Cookies Wahoo's Fish Tacos 126 Main St. Ste. 102 120 Main St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Wahoo's Fish Tacos 21351 Pacific Coast Hwy Huntington Beach, CA 92648 Zimzala (at Shorebreak Hotel) 1 Look Vintage 7-Eleven 500 Pacific Coast Hwy 217 5th St. 706 Pacific Coast Hwy. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Active Ride Shop Addiction Cosmetics Aesthetyx 155 5th St. #111 119 Main St. 21500 Pacific Coast Hwy. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 American Apparel American Vintage Clothing Andes Peruvian Arts and Crafts 207 Main 201 Main St. Ste. C 300 Pacific Coast Flwy. #100 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington.Beach, CA 92648 Angi Beach Hut Beach Island 180 5th St. #100 124 Main St. 12.7 Main St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Born Punk Brewster's Ice Chilli Beans 326 Main St. #101 613 6th St. 155 5th St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 label size 1"x 2 5/8"compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery/55160/8160 0919/09L9®Nang oane algljedwoo ww L9 x ww gZ}ewiol ep 90anbll3 09G9/09L9@ Nang u}Inn algl}edwoo„9/9 Z x«l ezls lagel Chuck Dent Surfboards Crocs CVS Pharmacy 222 5th St. 155 5th St.#189 155 5th St. #175 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Diane's Swimwear Ding Drx Surf Shop El Don Liquor 116-118 Main St. 311 5th St. 416 Pacific Coast Hwy. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Forever 21 Gloss Boutique Harley Davidson of HB 155 5th St. #100 123 Main St.#101 205 1/2 Main St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Havaianas Sandals HB Fantasea Heavenly Couture 300 Pacific Coast Hwy. #107A 200 Main St.#112 200 Main St. #113 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach Easyrider Huntington Surf&Sport Huntington Surf& Sport/ Biilabong 328 Main St. 300 Pacific Coast Hwy. #104 126 Main St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Island Cowgirl Jack's Girls Jack's Surf Boards 320 1/2 Main St. 101 Main St. #111 101 Main St. #101 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Jax Bikes Livery Design Gruppe 401 Main St. 220 Walnut Ave. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Main St Market ME Helme Antiques Merrilee's Swimwear 508 Main St. 517 Walnut Ave. 120 5th St. #110 C Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Model Citizen Montgomery Jewelers Pristine Motors 324 Main St. 501 Main St. Ste. G 225 5th St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Rip Curl Rockin' Fig Surf Headquarters Sakal Surfboards 155 5th St. #105 316 Main St. Ste.A 201 Main St. Ste.A Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 label size 1°x 2 5/8"compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 09 LS/0919®fNany oam algrtadwoo WW L9 x uaw 93 ILUJI01 ap 90.anb43 09 G9/0919®fu@AV ul!m algljedwoo„9/9 3 x«l azis lagElSIMI Skechers Sketchy Goons Sunline Electric Chair 180 5th St. #110 438 Main St. 410 Main St. Huntington Beach,CA 92648 Huntington Beach, CA.92648 Huntington Beach, CA 92648 Surf City Market Surf City Store Surf City Trading Co 200 Main St. #103 60 Main St. (Pier) 21500 Pacific Coast Hwy. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 The Garage Toes on the Nose Travel Traders 121 Main St. 21500 Pacific Coast Hwy. 21100 Pacific Coast Hwy. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Unique Vintage Clothing Boutique Varga The Strand 155 5th Street#127 150 5th St. #100 155 5th Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 S Hotel HB Chamber of Commerce Huntington Beach Marketing and 500 Pacificacific Coast Highway 2134 Main Street,Suite 100 Visitors Bureau Huntington Beach, CA 92648 3 Huntington Beach, CA 92648 01 Main Street, Suite 208 Huntington Beach, California 92648 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 HB Coastal Communities Assoc. Theresa Henry South Coast Area Office South Coast Area Office David Guido 200 Oceangate, 10th Floor 200 Oceangate, 10th Floor 143 E. Meats Avenue Long Beach,CA 92802-4302 Long Beach, CA 92802-4302 Orange, CA 92865 label size 1"x 2 5/8"compatible with Avery®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 r7 4 U lS S IMF E i Printed by:0602 Patricia Gamino Oct 4,2D13,9:43 am Salespet: :.Phone: Ad 35661116 r + �ttlnfioe �� ilt!ksrfotritis _ x� (714)536 5227 € Start rTatEi i 10-t 0-13 i4� i'e a 1 x 118.3�40 � Pi �,Inchp �City Of Huntington Beach{Parent) date'10-10-13 `BMI6d size. 12.00 TCN I k PO Box 784 ihsel ol?$r" 1 iCB t " x Huntington$eac,GA 9264$ i,Rail codEs &Legal Huntington Beach I Liner k� w 2 Patricia Garnino .._. _ a r _ �4cct CU00070479 C;IEtss,f 13ap0 Legal Notices �� P $96.00 _ ?Ubs MN HBI 11i t1 $,r} $96.{ 71�1,Ct City Of Huntington Beach-Cleric's O tiDue S96.t ! r76Rebecca Ross � �;; �, 45 1�1 IAla t Otie � i -BLit -1557 (714)374 Ad Copy: NOTICE OF FURUC HEARING BEFORE THE aTy COUNtfi OF THE Clay OF HUNTINGTON BEA01 NOTICE IS HEREBY GIVEN that on Monday, October 21, 2013, at &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: ZONING TEXT AMENDMENT NO. 13- 001 DTSP - DISTRICT 1 OFF-SITE ALCOHOL SALES). Applicant: City of Huntington Beach Request: To amend the Downtown Specific Plan (DTSP) to prohibit the sale of alcohol for off- site consumption in District I (Downtown Core) pursuant to Sec- tion 2.6 of the Down- town Specific Plan. The amendment would apply to any permitted use in District 1. The City has determined that this amendment is necessary to reduce the incidence of alcohol-related crime' and problems in the downtown core and surrounding residential and beach areas. Loca- tion: Specific Plan No. 5 (Downtown Specific Plan) - District 1 City Contact: Jennifer Vil- lasenor NOTICE IS HEREBY GIVEN that Zoning Text Amendment No. 13-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supple- ments the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that zoning Text Amendment No. 13 001 -- ad proof pg.1 --- ADVERTISING Printed by:0602 PatricCLASSIFIED ia Gamino Oct 4i 2013.9:43.am Salesperson: _.µ... Phone: Ad it3566�1a6 will require a Local Coastal Program Amendment 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, Hun- tington 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 http://www.huntirr&ton beat ca.gov on ur ay, c o r ,2013. ALL INTERESTED PER- SONS 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,Cali- fornia 92648 714-536-5227 http://huntingtonbeachca. gov u rc ommen u e n epen- dent 10/10/13 ad proof pg.2 -- n 1� �jy r t PI#'ntar3 b tNk l2 P,tflci rrki r3 Oct_#,203 r 9.A3 am A' {.{ & Sal Phone -- Ad= 1�11� .f -,� - a. rSOrt II' aaY qll t t Z—J _._ f w ra uwla 1 c9E 133a 1FtII e Palo 714 536-5227 tart date 0-i 0-1 _ ::Si "18 'ACit<ClLlrlt�TI�OlTI1N'��1s3r1 '.�� M.- d X 1 .341} fiarbell City Of Huntington Beach(Parent) -Btbo rate 14-110-1.3 BIHlact ale 12.00 TCN inch ri r PO Box 784 In ertro ° 1 Ke46r Huntington Beac,CA 92648 1k to co e &1_eg l Huntington Beach A t P diner 41 Taken by 0602 Patric30 Garrltrtc 1, Ai CU00070479 r Cli s fJ-legal Notices � oaa ri e' 96.00 It}s i �t P :T N H81 Cllerltr." __... e n I 9fi 6 C Cf Huntlrgtcn BeCF 1 f { 1rt Due" 55.00 PlAbiiid'bt: Reba Rom Fail'w II(71 A}374-'15 � 14 t rnrsunc uliil rc. c � e dire tap I lscell ,I'' gull. ...., .. Ad Copy: K=Of PURK HMG Won N of Y CWKC l l Of THE ttfY Of IHIHTiNGTOf1 BU01 NOTICE IS HEREBY GIVEN that on Monday, October 21, 2013, 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; ZONING TEXT AMENDMENT NO. 13- 001 (DTSP - DISTRICT 1 OFF-SITE ALCOHOL SALES): Applicant: City of Huntington Beach Request: To amend the Downtown Specific Plan (DTSP) to prohibit the sale of alcohol for off- site consumption in District 1 (Downtown Care) pursuant to Sec- tion 2.6 of the Down- town Specific Plan. The amendment would apply to any permitted use in District 1_ The City has determined that this amendment is necessary to reduce the incidence of alcohol-related crime and problems in the downtown core and surrounding residential and beach areas. Loca- flon: Specific Plan No: 5 (Downtown Specific Plan).41.District 1 City Contact: Jennifer Vil- lasenor NOTICE IS HEREBY GIVEN that.Zoning Text Amendment No. 13-001 is categorically exempt pursuant to City;Council Resolution No. 4501, Class 20, which supple- ments the California Environmental-Quality Act. NOTICE IS HEREBY GIVEN that Zoning Text Amendment'No. 13-001 G L jj,�j�S� Xt - ...._. . S W , r e ..rye �. a � � . � Printed yd0602 Patricia Camino Oct 4. . �. fl7 93a E4 Phone. Ad 3W1 will require a Local Coastal Program Amendment 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, Hun- tington 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 http://www.huntinkt6n' beat gov on ursgay, cts r ,2fl 3. ALL INTERESTED PER- SONS 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'saction 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 ofHuntington Beach 2000 Main Street,2nd F loot Huntington Beach,Cali- fornia 92648 714-536-5227 http://huntingtonbeachca. gov/1-furublicuornmenw U Indepen- dent 10/10/13 --- ad proof pg.2 --- NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL` OF THE CITY OF HUNTINGTON BEACH NOTICE,IS HEREBY GIV- EN that on Monday,-Oc- P ROO F O F tober 21, 2013 at cil p:m. in the Cityy Council ® Chambers, 2000 Main PUBLICATION Street, Huntington Beach, the City Council Will hold a public hear- ing on the following planning and zoning items: ZONING TEXT AMENDMENT NO. 13 STATE OF CALIFORNIA) 00 OFF-Sp - DISTRICT i 1 OFF-SITE ALCOHOL SALES): Applicant: City SS. of Huntington Beach Re- quest: To amend the Downtown Specific Plan COUNTY OF ORANGE ) (DTSP) to prohibit the sale of alcohol for off- site consumption in Dis- trict 1 (Downtown Core) pursuant to Section 2.6 1 am a citizen of the United States and a of the Downtown Specif- ic Plan. The amendment resident of the County of Los Angeles; I would apply to any per- mitted use in District 1. am over the age of eighteen years, and The City has determined that this amendment is not a party to or interested in the notice necessary to reduce the incidence of alcohol- published. I am a principal clerk of the related crime and prob- lems in the downtown HUNTINGTON BEACH core and surrounding residential and beach INDEPENDENT, which was adjudged a areas.Location.Specific Plan No. 5 (Downtown newspaper of general circulation on Specific Plan) - District September 29, 1961, case A6214, and 1 city Contact: Jennifer Villasenor June 11, 1963, case A24831, for the ENTlCE thatS Zo ingY Telxt Amendment No. 13-001 City of Huntington Beach, County of is categorically exempt pursuant to City Council Orange, and the State of California. Resolution No. 4501, Class 20, which supple- Attached to this Affidavit is a true and ments the California En- vironmental Quality Act.. complete copy as was printed and NOTICE IS HEREBY GIV- published on the following date(s): EN that Zooing Text Amendment No.,13-001 will require a Local Coastal Program Amendment certified by the California Coastal Commission. Thursday, October 10, 2013 ON FILE: A copy of the proposed request is on file in the Planning and Building Department, I certify (or declare) under penalty 2000 Main Street, Hun- tington Beach,California 92648,for inspection by of perjury that the foregoing is true the public.A copy of the and correct. staff report will be available to interested' parties at the City Clerk's Office or on line at http://www.huntington bea on Thursday,"OOctobber 17, Executed on October 16, 2013 ALL I ALL INTERESTED PER- SONS are invited to at- tend said hearing and at Los Angeles, California express pinions or sub- mit evidence for or against the application as outlined above.If you challenge the City Coun- cil's action in court,'you may be-limited to raising only those issues you or �� someone else raised at ����"""" i�ll/((/'� the pdblic hearing de- scribed in this notice,or Signature in written corre- spondence'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 communica- tions to the City Clerk . Joan L.Flynn,City Clerk City of Huntington Beach 2000 Main Street 2nd 1011 AalgJ;,, 'FOCI' dug 1 aPO:) 1utp shi z03 allW2 -d>'sTp RICHARDSON GRAY 415 Towns care Lane#208 z� q � ��'��� �� Phi 4= 19 Huntington Beach, CA 92648 714-348-1928 richardson.gray(cU,vahoo.com HAND DELIVERED October 15, 2013 Dear Mayor, Mayor Pro Tem, and Council Members: For your October 21sr meeting, I support your adoption of Zoning Text Amendment No. 13-001, for the Downtown Specific Plan (DTSP), District 1, concerning Off-Site Alcohol Sales, for the following reasons, among others. 1. As per the attached Huntington Beach Police Department ABC Reports for 2012 and 2011, the two major Reporting Districts, numbers 451 and 461, in the DTSP's District 1, had by far the worst crime rates in the City, and combined total crime rates that were over ten times the Citywide average, for both years. 2. Per a Huntington Beach Neighbors analysis in 2012, using the then current ABC data and the 2010 Census, the DTSP District 1's census tract, number 993.11, has roughly three times the number of Off-Site ABC establishments per 1,000 residents than the same numbers for the Citywide and Countywide averages. Hence, our Downtown already has a large undue concentration of Off-Site ABC establishments. 3. Per Police Chief Kenneth Small's presentation to the City Council at the June 3, 2013 Study Session, regarding alcohol consumption and all of the related crime problems, oiur Downtown has one of the highest concentrations of ABC licenses in the entire State of California. Chief Small went on to say our Downtown is unusual in that its entertainment district directly abuts established residential neighborhoods, including mine. 4. Chief Small continued by saying that public alcohol intoxication (person cannot care for self or property, typically prompted by a complaint) is the most frequent Downtown crime, with approximately 400 arrests per year. 5. Last, Chief Small said that our Downtown has another roughly 100 arrests per year for public alcohol consumption. Again, I urge you to adopt Zoning Text Amendment No. 13-001. Thank you for your consideration of my views. SUPPLEMENTAL /Sincerel furs, COMMUNICATION Muting Data: 0 4�01-3 Gray Agenda item No. cc: Fred A. Wilson, City Manager; Joan L. Flynn, City Clerk; Kenneth W. Small, Chief of Police; Scott Hess, AICP, Director of Planning; Jennifer Villasenor, Senior Planner �. CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Investigator Fong, Investigator Archer Vice Investigators CC: Chief of Police via Chain of Command FROM: Julie Romano Crime Analysis Unit DATE: February 28, 2013 SUBJECT: 2012 Part I Crimes and Part II Arrests for ABC Report I have attached a copy of Part I Crimes by RD and Part II Arrests by RD for the City of Huntington Beach. A summary is as follows: Total RD's In the City 130 Total Crime Count 10084 Average Crime Count per Patrol Area 77.57 A 20% greater number of crimes than the average number of crimes for all RDs is 93.08 There are 31 RDs with a count greater than 93.08. The RD's are listed in RD order. , r 85 44- 129 178 75 253 _. 66 31 97 98 20 118 _ 65 32 97s ,-. 88 89 177 59 35 94 � a 61 97 158 . .'' 83 32 115 40 53 59 112 339 73 412 78 70 148 106 76 182 35 104 139 74 22 96 93 156 249 ........ . 80 67 147 94 33 127 .gym 133 77 210 89 82 171 __. . _... _ �� 53 56 109 500 621 1'121 _._ 48 63 111 67 57 124 117 168 285 279 233 512 70 58 128 56 71 127 r ; .. --- ._. ......_.. .. m � 68 114 182 76 41 117 � n�.... 66 130 196 A �• CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Investigator Kessler, Investigator Fong Vice Investigators CC: Chief of Police via Chain of Command FROM: Julie Romano Crime Analysis Unit DATE: January 31, 2012 SUBJECT: 2011 Part I Crimes and Part II Arrests for ABC Report I have attached a copy of Part I Crimes by RD and Part II Arrests by RD for the City of Huntington Beach. A summary is as follows: Total RD's In the City130 Total Crime Count 10336 Average Crime Count per Patrol Area 79.51 A 20% greater number of crimes than the average number of crimes for all RDs is 95.41 There are 31 RDs with a count greater than 95.41. The RD's are listed in RD order. RDs.`Part I Crimes ;Part II A'rre"sts Total" RDs art 1 Crimeart.11_Arres -Total 155 68. 34 102 ' ,412 73 89' 162 � - w 165 76 53` 129� <, 413 , � 71 .._-` 108�' �1�79 _ 241` 73 48'" 121 421 58< 62 = 120 _.. 1:. 242 2$3 80 363 422; 75 - 84� 59 252 81 88,,1 169 431 52 131 - 183 253 78' 2'4 102" 432_ 77 169., 246 w . . e�. 261 84' 68 _ 165 441 55 66.... . .137 262, 21. .,. 263 "= ,. 58 y �`�57 " .. �108 . 451.': ., 3� � 838 ° �� 199 271, ! 49" 59 65„ d 157 w . � 170 327 452 .: " 65 , .-",; 67. - 32 .. , 273 54. 48 .,:. 102 461 193 264' 457_ 282 48 _ `124 172 462 46 76 "' ., ,-122 283 56 131187 : 463 62 50" ;.- 112 293 125 70'' �195 476 70 56 126 349 83 44 .127