HomeMy WebLinkAboutZoning Text Amendment 98-4 - Public Hearing - Downtown Outdo Date/Time 6/15/00 7:11:30 AM City of Huntington Beach Page 1
Office of the City Clerk
Minutes
ID Category Subject Volume Page Date Keywords
43206 450.20 60 879 12/06/1999 City Council Approved re-Adoption of Amended Ord 3433-
Approving Zoning Text Amendment No. 98-4 (Downtown
Outdoor Dining with Alcohol)
43127 450.20 60 879 12/06/1999 ADOPTED RES 99-104 ADOPTING LOCAL COASTAL PROG
AMENDMENT 99-4 & REQ ITS CERTIFICATION BY CA
COASTAL COMMISION RE ORD 3433 - DRINIKING
ALCOHOL OUTDOOR DINING AREAS & PUBLIC PLACES
43126 450.20 60 879 12/06/1999 APPROVED RE-ADOPTION -AMENDED ORD 3433 -
APPROVING ZONING TEXT AMENDMENT 98-4-
DOWNTOWN OUTDOOR DINING WITH ALCOHOL
43207 450.20 60 879 12/06/1999 City Council Adopted Res. No. 99-104 Adopting Local Coastal
Program Amendment No. 99-4 &Certification -California
Coastal Commission (relative to Ord. 3433- Drinking Alcohol in
outdoor dining areas/Public Places
42784 450.20 60 683 08/16/1999 APPROVED ADOPTION OF ORD 3433 -OUTDOOR DINING -
AMENDS DOWNTOWN SPECIFIC PLAN -ZONING TEXT
AMENDMENT 98-4
42698 450.20 60 624 08/02/1999 PUB HEAR-ZONING TEXT AMENDMENT 99-84,
DOWNTOWN OUTDOOR DINING WITH ALCOHOL-
APPROVED INTRO OF ORD 3433 & 3434 -APPROVED
SAMPLE LICENSE AGREEMENT AS AMENDED
42635 450.20 60 592 07/19/1999 STUDY SESSION - DOWNTWON OUTDOOR DINING WITH
ALCOHOL- PROPOSED ZONING TEXT AMENDMENT NO.
98-4
40236 420.20 59 744 06/29/1998 Meetings on Outdoor Drinking and Dining Scheduled
Date/Time 6/15/00 7:11:30 AM City of Huntington Beach Page 2
Office of the City Clerk
Minutes
ID Category Subject Volume Page Date Keywords
31310 340.20 58 44 02/05/1996 Adopted Res 96-9 - Fee Schedule-Outdoor Dining - License
Agrmts - Encroachment-340.20
31306 340.20 58 41 02/05/1996 Public Hearing-Res 96-9-Adptd-Outdoor Dining-$30 Application
Fee for Use of public r/w-Apprvd-$300 license Fee for Use of
Public r/w-apprvd-One Cent per square foot use fee-apprvd-$52
annual fee-License agrmt form for use of public r/w-apprvd-
31152 340.20 57 647 12/18/1995 Public Hearing - Cont Open from 12/4/95- Res 6715- Fee for
Use of Public R/w in the Downtown ARea - Outdoor Dining -
Cont to 2/5/96- 340.20
27843 340.20 57 617 12/04/1995 Pub Hear- Res 96-9- Fee for Use of Public Right-Of-Way in the
Downtown Area- Outdoor Dining - (Downtown Specific Plan) -
Cont to 12/18/95-340.20
27557 340.20 57 523 10/02/1995 Pub Hear- Res 6715- Fee for Use of public Right-Of-Way
(R/W) in the Downtown Area - Outdoor Dining - Cont to
12/4/95- 340.20
21313 640.10 54 190 05/04/1994 CLO PUB HEAR-CODE AMEND 93-5A-ENVIRON
ASSESSMENT 93-20-OUTDOOR DINING-INTRO ORD 3232-
APPRVD-640.10
21291 640.10 54 84 05/02/1994 CLO PUB HEAR-CONT-CODE AMEND 93-5A/ENVIRON
ASSES 93-20-OUTDOOR DINING-INTRO ORD 3232-CONT
5/4-640.10
21114 640.10 54 86 03/21/1994 CONT OPEN-PUB HEAR-CODE AMEND 93-5A/ENVIR ASSES
93-20-OUTDOOR DINING-INTRO ORD 3232-CONT 4/18-
640.10
Daterrime 6/15/00 7:11:30 AM City of Huntington Beach Page 3
Office of the City Clerk
Minutes
ID Category Subject Volume Page Date Keywords
21002 640.10 54 42 02/22/1994 CONT 3/7-CODE AMEND 93-5A/ENVIRON ASSESS 93-20-
STANDARDS FOR OUTDOOR DINING-INTRO ORD 3232-
640.10
20410 420.40 53 9 08/02/1993 PUB HEAR-APPEAL PC DENIAL UP 92-65-NICCOLE'S
RISTORANTE OUTDOOR DINING-520 MAIN-
APPRVD/AMEND-420.40
20379 420.40 53 1 08/02/1993 DISCUSS: PUB HEAR-APPEAL PC DENIAL UP 92-65-
NICCOLE'S RISTORANTE OUTDOOR DINING- 520 MAIN-
420.40
16847 420.40 50 37 05/04/1992 PUB HEAR-DENIAL CUP 91-61-DECIS UPHELD-CDP 92-7-
CONCEPT APPRVL-OUTDOOR DINING-PETER'S LANDING-
420.40
16846 420.10 50 37 05/04/1992 PUB HEAR-DENIAL CUP 91-61-DECIS UPHELD-CDP 92-7-
CONCEPT APPRVL-OUTDOOR DINING-PETER'S LANDING-
420.40
16845 420.20 50 37 05/04/1992 PUB HEAR-DENIAL CUP 91-61-DECIS UPHELD-CDP 92-7-
CONCEPT APPRVL-OUTDOOR DINING-PETER'S LANDING-
420.40
16844 420.80 50 37 05/04/1992 PUB HEAR-DENIAL CUP 91-61-DECIS UPHELD-CDP 92-7-
CONCEPT APPRVL-OUTDOOR DINING-PETER'S LANDING-
420.40
16683 420.40 50 19 04/20/1992 PUB HEAR-RESCHED 5/4-APPEAL DENIAL CUP 91-61/CDP
92-7-CONCEPT-OUTDOOR DINING PETER'S LANDING-
420.40
Date/Time 6/15/00 7:11:30 AM City of Huntington Beach Page 4
Office of the City Clerk
Minutes
ID Category Subject Volume Page Date Keywords
16682 420.80 50 19 04/20/1992 PUB HEAR-RESCHED 5/4-APPEAL DENIAL CUP 91-61/CDP
92-7-CONCEPT-OUTDOOR DINING PETER'S LANDING-
420.40
16618 420.80 50 1 04/20/1992 DISCUSS:PUB HEAR-APPEAL PC DENIAL CUP 91-
61/APPRVL IN CONCEPT-OUTDOOR DINING/PETER'S
LANDING-420.40
16619 420.40 50 1 04/20/1992 DISCUSS:PUB HEAR-APPEAL PC DENIAL CUP 91-
61/APPRVL IN CONCEPT-OUTDOOR DINING/PETER'S
LANDING-420.40
Total Records Selected: 27
C5
C14
Council/Agency Meeting Held:
2
Deferred/Continued to:
KApproved El Conditionally Approved E3 Denied (My Clerk's Signature
�4 — I oggazzeA.) 1-;IA
Council Meeting Date: December 6, 1999 Department ID Number: PL99-71
CITY OF HUNTINGTON BEACH
75
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Adrninistrator,�,
PREPARED BY: HOWARD ZELEFSKY, Planning Director c7l
1�4
SUBJECT: ADOPT RESOLUTION FOR LOCAL COASTAL PROGRAM
AMENDMENT NO. 99-4 and RE-ADOPT AMENDED ORDINANCE
NO. 3433 APPROVING ZONING TEXT AMENDMENT NO. 98-4
(Downtown Outdoor Dining with Alcohol) -Ikj to- en - M
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Ordinance No. 3433, which allows the consumption of alcoholic beverages on public property where
outdoor dining is permitted, is being transmitted for your re-adoption. This ordinance is in
conjunction with Zoning Text Amendment No. 98-4. When the City Council approved the second
reading of Ordinance No. 3433 on August 16, 1999, the ordinance at that time had not been
amended to reflect two modifications approved by Council on August 2, 1999, when the ordinance
was first introduced. Ordinance No. 3433 has now been revised to reflect those two modifications
and requires a second reading for re-adoption.
Also transmitted for your consideration is a resolution adopting Local Coastal Program Amendment
No. 99-4 to forward Zoning Text Amendment No. 98-4 to the California Coastal Commission. This
entitlement constitutes a minor amendment to the City's Local Coastal Program. Because a public
hearing was previously held for Zoning Text Amendment No. 98-4, approval of the resolution is an
administrative item that does not require another public hearing.
Funding Source: Not applicable.
Recommended Action: Motion to:
1. "Re-adopt Ordinance No. 3433 (ATTACHMENT NO. 1) as amended, approving Zoning Text
Amendment No. 98-4."
2. "Approve Local Coastal Program Amendment No. 99-4 by adopting Resolution No.
19-164 (ATTACHMENT NO. 2) and forward to the California Coastal Commission for
certification."
REQUEST FOR ACTION
MEETING DATE: December 6, 1999 DEPARTMENT ID NUMBER: PL99-71
Alternative Action(s):
The City Council may make the following alternative motion:
1. "Continue the re-adoption of Ordinance No. 3433, approving Zoning Text
Amendment No. 98-4, and Local Coastal Program Amendment No. 99-4 and direct
staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
Zoning Text Amendment No. 98-4 is a request to amend Section 4.2.33 of the Downtown
Specific Plan (DTSP) to permit the consumption of alcoholic beverages on public property
where outdoor dining is permitted. Attached to Ordinance No. 3433 (Attachment No. 1) is
"Exhibit A" which includes administrative changes and modifications to a section of the
DTSP. New amendments have been added to "Exhibit A" to reflect modifications approved
by the City Council on August 2, 1999.
Local Coastal Program Amendment No. 99-4 represents a request to approve a resolution to
forward Zoning Text Amendment No. 98-4 to the California Coastal Commission for
approval.
Background:
The City Council was presented with Zoning Text Amendment No. 98-4 on August 2, 1999.
During that public hearing, the Council heard from various speakers. Some were in support
of the project, stating that it would upgrade existing restaurants and help the City attract new
quality restaurants to the downtown area. Others were opposed to the idea of allowing
outdoor dining with alcohol on public property because of the negative impacts that have
been associated with the serving of alcohol in the downtown area, such as crime and litter
resulting from intoxicated patrons.
At the August 2"d public hearing, the Council approved the introduction of Ordinance No.
3433 with the addition of two requirements. The first requirement was a 36" height on the
barrier enclosing the outdoor dining area. The second requirement was for the
establishments applying for outdoor dining with alcohol to print a number on their drinking
glasses for identification purposes (each establishment will be assigned a number during the
conditional use permit process). "Exhibit A" of Ordinance No. 3433 should have been
modified to include these two requirements prior to the second reading.
PL99-71 -2- 11/23/99 11:23 AM
REQUEST FOR ACTION
MEETING DATE: December 6, 1999 DEPARTMENT ID NUMBER: PL99-71
When Ordinance No. 3433 was presented to the City Council on August 16, 1999 for a
second reading, it had not been amended. As a result, the ordinance that was adopted by
Council was the original, unrevised version. This came to staff's attention as preparation
was being done to submit the local coastal program amendment for the project to the
Coastal Commission.
B. STAFF ANALYSIS AND RECOMMENDATION:
The two requirements previously approved by Council have been added to "Exhibit A" of the
ordinance. Staff recommends that City Council adopt the corrected Ordinance No. 3433 via
another second reading.
Local Coastal Program Amendment No. 99-4 represents a minor amendment to the City's
Local Coastal Program Implementing Ordinances. Any changes to the Implementing
Ordinances must be forwarded to the Coastal Commission as a local coastal program
amendment (LCPA). No coastal related issues were brought forward during the public
hearing. Because Ordinance No. 3433 does not take effect until the Coastal Commission
has adopted it, staff recommends that the City Council approve the resolution to forward
Local Coastal Program Amendment No. 99-4 to the Coastal Commission.
Environmental Status:
The proposed zoning text amendment has been analyzed per the California Environmental
Quality Act. The subject resolution to forward this zoning text amendment to the Coastal
Commission does not require further environmental review.
Attachment(s):
City Clerk's
Page Number No. Description
1. Ordinance No. 3433 with amended "Exhibit A"
2. Resolution No.
PL99-71 -3- 11/23/99 11:23 AM
ORDINANCE NO. 3433
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH AMENDING
THE DOWNTOWN SPECIFIC PLAN BY AMENDING
SECTION 4.2.33 THEREOF ENTITLED "OUTDOOR DINING"
WHEREAS, the City Council of the City of Huntington Beach has previously adopted the
Downtown Specific Plan; and
Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning
Commission and Huntington Beach City Council have held separate, duly noticed public hearings to
consider amending Section 4.2.33 of the Downtown Specific Plan, entitled "Outdoor Dining"; and
After due consideration of the findings and recommendations of the Planning Commission and
all other evidence presented, the City Council finds that the aforesaid amendment is proper and
consistent with the General Plan,
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as
follows:
SECTION 1. That Section 4.2.33 of the Downtown Specific Plan, entitled "Outdoor Dining,"
is hereby amended to read as set forth in the document attached hereto as Exhibit "A," which document
is incorporated by this reference as though fully set forth herein.
SECTION 2. This ordinance shall become effective 30 days after its adoption, or upon
certification of the California Coastal Commission, whichever occurs later.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of December , 1999.
02 -4
Mayor
ATTEST: APPROVED AS TO FORM:
(Amen from first reading on 8/2/99)
City Clerk t Attorney C� ///a
Attorney
5
REVIEWED AND APPROVED: INITI TED AND APPROVED:
City Administrator rector of ins
ord/j mf/jn/outdoor/11/23/99
Attachment A to Res. No. 99-104
r
.Ord. 3433
AMENDMENT
DOWNTOWN SPECIFIC PLAN
OUTDOOR DINING W/ALCOHOL
November 23, 1999
4.2.33 Outdoor dining: Outdoor dining on public or private property may be permitted
subject to conditional use permit approval by the Zoning Administrator and
compliance with this Section.
(1) Location and design criteria.
Outdoor dining shall conform to the following location and design criteria:
a. The outdoor dining shall be an extension of an existing or proposed
eating establishment on contiguous property.
b. Outdoor dining located on the sidewalk area of the public right-of-
way shall be limited to commercial areas within the Downtown
Specific Plan.
C. Outdoor dining located on the sidewalk area of the public right-of-
way of the first block of Main Street and Pacific Coast Highway
within District 3 and on the Municipal Pier shall provide a minimum
ten (10) foot clear passage area or pedestrian access. Outdoor dining
located on the sidewalk area of the public right-of-way and on all
other areas shall provide a minimum eight (8) foot clear passage area
for pedestrian access. A wider clear passage area may be required at
the discretion of the Zoning Administrator.
d. No outdoor dining shall be allowed in mini-parks, publicly owned
plazas, or beach areas excluding concession carts with no seating.
e. Outdoor dining establishments which do not serve alcohol and are
located on public property shall be separated from the clear passage
area on the public sidewalk and/or pedestrian walkway by a
temporary cordon and removed when not in use.
f. Establishments which serve alcoholic beverages outdoors are
required to provide a physical barrier of 36 inches in height
surrounding the outdoor dining area that will prohibit passing of
alcohol through the barrier.
g. All tables, chairs, and umbrellas of outdoor dining located on public
property shall be removed when not in use.
h. Outdoor dining on private sidewalk areas shall provide a minimum
eight (8) foot clear passage area for pedestrian access or a permanent
cordon shall surround the outdoor dining area and a minimum five
(5) foot clear passage area shall be provided.
jmf/jn/ordinance/outdine/11/23/99 1
Exhibit A to Ord. No. 3433
Ord. 3433
i. At street intersections, the triangular area formed by measuring 25
feet along the curb lines, shall be clear passage area.
j. Temporary, mobile or free-standing food service providers are not
eligible under these provisions.
(2) Operating requirements, provisions, and conditions.
a. A License Agreement including use fees shall be obtained from the
City for outdoor dining located on public property. The License
Agreement shall be subject to termination at any time upon a 10 day
prior written notice upon determination of the Zoning Administrator
that one or more of the conditions or provisions of this Section
4.2.33 have been violated or that one or more factors listed in
Subsection (5)below have changed and the permitted use is no
longer compatible with the intended use of the public right-of-way or
public property. Termination of a License Agreement shall nullify
the conditional use permit.
b. The applicant shall enter into a Maintenance Agreement with the
City for maintenance of all portions of the public property used and
approved by the Zoning Administrator for the outdoor dining. Said
agreement shall be submitted to and approved by the Department of
Public Works prior to commencement of the use.
C. All outdoor dining operators shall provide a public liability
insurance policy as specified in all current insurance resolutions.
Such liability insurance shall be provided in a form acceptable to the
City Attorney. The policy shall name the City of Huntington Beach
as an additional insured and shall be maintained at all times.
d. No food or beverages of any nature shall be sold to any occupant or
rider of any motor vehicle or bicycle.
e. Alcoholic beverages shall be served in glass containers only. Each
glass container shall be permanently printed with a number
identifying the establishment serving alcohol.
f. The applicant (or operator) shall pay all fees and deposits required by the
Huntington Beach Municipal Code, including the fee established for use of
public property,prior to operation of the outdoor dining use.
g. All provisions of the Huntington Beach Municipal Code and Zoning
and Subdivision Ordinance shall apply.
h. Alcoholic beverages may be served on public and/or private
property subject to the provisions provided herein.
i. The conditional use permit may be transferred upon sale or transfer
of the restaurant subject to a written request approved by the Zoning
Administrator and the property owner. An amendment to the
License Agreement will be required prior to transfer of the
jmf/jn/ordinance/outdine/11/23/99 2
Ord. 3433
conditional use permit for outdoor dining on public property. A
conditional use permit transfer or License Agreement renewal or
amendment may be denied if one or more of the factors listed in
Subsection (5) have changed and the permitted use is no longer
compatible with the intended use of the public right-of-way.
(3) Parking.
Parking shall comply with the Huntington Beach Zoning and Subdivision
Ordinance or the Downtown Parking Master Plan; however, no parking
spaces shall be required for the outdoor dining portion of the restaurant if
the outdoor dining area does not exceed the following:
Total Restaurant Area Outdoor Dining Area
1) 1,200 sq. ft. or less with: Maximum 5 tables
and 20 seats
2) greater than 1,200 sq. ft. with: Maximum of 20% of
the restaurant area,
not to exceed 400 sq. ft.
Any outdoor dining area which exceeds these standards shall provide
100% of the required parking for the entire area.
(4) Enforcement.
Enforcement of this Section 4.2.33 shall be by the Community
Development Director or his/her designee.
Any outdoor dining use within the Downtown Specific Plan that has been
established without prior conditional use permit approval must obtain a
conditional use permit and if located on public property, a License
Agreement within 90 days following the effective date of this ordinance.
Any establishment that plans to serve alcoholic beverages in an outdoor
dining area must obtain a new conditional use permit and a new License
Agreement from the City.
(5) Necessary Findings
In order to approve outdoor dining the Zoning Administrator shall make
the following findings:
a. The sidewalk's public use,pedestrian, transit and business
services including but not limited to loading zones, bus stops,
public phones, and benches, are not restricted.
b. Building entryways are not obstructed.
C. Pedestrian traffic volumes are not inhibited.
d. Handicapped accessibility is provided where required.
jmf/jn/ordinance/outdine/I I/23/99 3
Ord. No. 3433
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 the 2nd day of August, 1999, and was again read
to said City Council at a regular meeting thereof held on the 6th day of
December, 1999, and was passed and adopted by the affirmative vote of at least a
majority of all the members of said City Council.
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff
NOES: Bauer
ABSENT: None
ABSTAIN: None
I,Connie Brockway 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 Independent on
,19
In accordance with the City Charter of said City City Clerk and ex-officio erk
Connie Brock,,vay City Clerk of the City Council of the City
Dept City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
12/7/99
ATTACHMENT ,,l
I
ATTACHMENT 1
ATTACHMENT 2
RESOLUTION NO. 99-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA,
ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 99-4
AND REQUESTING ITS CERTIFICATION BY THE
CALIFORNIA COASTAL COMMISSION
WHEREAS, after notice duly given pursuant to Government Code Section 65090 and
Public Resources Code Sections 30503 and 30510, the Planning Commission of the City of
Huntington Beach held public hearings to consider the adoption of the Huntington Beach Local
Coastal Program Amendment No. 99-4, and such amendment was recommended to the City
Council for adoption; and
The City Council, after giving notice as prescribed by law, held at least one public
hearing on the proposed Huntington Beach Local Coastal Program Amendment No. 99-4, and
the City Council finds that the proposed amendment is consistent with the Certified Huntington
Beach Coastal Land Use Plan and Chapter 6 of the California Coastal Act; and
The City Council of the City of Huntington Beach intends to implement the Local
Coastal Program in a manner fully consistent with the California Coastal Act,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTON 1. That the Huntington Beach Local Coastal Program Amendment No. 99-4
is hereby approved, consisting of the following Ordinances:
Ordinance Subject Description
No. 3433 Zoning Text Amendment No. 98-4 Outdoor Dining in
Downtown
Huntington Beach
No. 3434 Municipal Code Modifications Drinking alcohol in
Outdoor Dining Areas/
Public Places
Copies of aforesaid ordinances are attached as Exhibits A and B,respectively, and are
incorporated by this reference as though fully set forth herein.
SECTION 2. That the California Coastal Commission is hereby requested to consider,
approve and certify Huntington Beach Local Coastal Program Amendment No. 99-4.
1
4/s:4-99Resolutions:LCP Amendment No.99-4
RLS 99-770
11/3/99
SECTION 3. That pursuant to Section 13551(b) of the Coastal Commission
Regulations, Huntington Beach Local Coastal Program Amendment No. 99-4 will take effect
automatically upon Coastal Commission approval, as provided in Public Resources Code
Sections 30512, 30513, and 30519.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of December , 1999.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clark Ci Attorney
/i-ie 4F ►�(���9
REVIEWED AND APPROVED: INIT TED AND APPROVED:
-A49�� YTV z
lty Administrator Direc or of Planning
2
4/s:4-99Resolutions:LCP Amendment No.99-4
RLS 99-770
11/3/99
Res. No. 99-104
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 the 6th day of December, 1999 by the following
vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: Bauer
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio C rk of the
City Council of the City of Huntington
Beach, California
ORDINANCE NO. 34-,3
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH AMENDING
THE DOWNTOWN SPECIFIC PLAN BY AMENDING
SECTION 4.2.33 THEREOF ENTITLED "OUTDOOR DINING"
WHEREAS, the City Council of the City of Huntington Beach has previously adopted the
Downtown Specific Plan; and
Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning
Commission and Huntington Beach City Council have held separate, duly noticed public hearings to
consider amending Section 4.2.33 of the Downtown Specific Plan, entitled"Outdoor Dining"; and
After due consideration of the findings and recommendations of the Planning Commission anc
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 a
follows:
SECTION 1. That Section 4.2.33 of the Downtown Specific Plan, entitled"Outdoor Diningl
is hereby amended to read as set forth in the document attached hereto as Exhibit "A," which docum
is incorporated by this reference as though fully set forth herein.
SECTION 2. This ordinance shall become effective 30 days after its adoption, or upon
certification of the California Coastal Commission,whichever occurs later.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of December , 1999.
Mayor
ATTEST: APPROVED AS TO FORM:
(Amen from first reading on 8/2/99)
City Clerk X111-
Attorney�
REVIEWED AND APPROVED: INITI TED AND APPROVED:
14—,l a
City dministrator rector ofZnVe
ord/j m f/j n/outdoor/1123/99
Attachment A to Res. No. 99-104
.Ord. 3433
AMENDMENT
DOWNTOWN SPECIFIC PLAN
OUTDOOR DINING WALCOHOL
November 23, 1999
4.2.33 Outdoor dining: Outdoor dining on public or private property may be permitted
subject to conditional use permit approval by the Zoning Administrator and
compliance with this Section.
1 Location and design criteria.
Outdoor dining shall conform to the following location and design criteria:
a. The outdoor dining shall be an extension of an existing or proposed
eating establishment on contiguous property.
b. Outdoor dining located on the sidewalk area of the public right-of-
way shall be limited to commercial areas within the Downtown
Specific Plan.
C. Outdoor dining located on the sidewalk area of the public right-of-
way of the first block of Main Street and Pacific Coast Highway
within District 3 and on the Municipal Pier shall provide a minimum
ten(10) foot clear passage area or pedestrian access. Outdoor dining
located on the sidewalk area of the public right-of-way and on all
other areas shall provide a minimum eight (8) foot clear passage area
for pedestrian access. A wider clear passage area may be required at
the discretion of the Zoning Administrator.
d. No outdoor dining shall be allowed in mini-parks, publicly owned
plazas, or beach areas excluding concession carts with no seating.
e. Outdoor dining establishments which do not serve alcohol and are
located on public property shall be separated from the clear passage
area on the public sidewalk and/or pedestrian walkway by a
temporary cordon and removed when not in use.
f. Establishments which serve alcoholic beverages outdoors are
required to provide a physical barrier of 36 inches in height
surrounding the outdoor dining area that will prohibit passing of
alcohol through the barrier.
g. All tables,chairs, and umbrellas of outdoor dining located on public
property shall be removed when not in use.
h. Outdoor dining on private sidewalk areas shall provide a minimum
eight(8) foot clear passage area for pedestrian access or a permanent
cordon shall surround the outdoor dining area and a minimum five
(5) foot clear passage area shall be provided.
jmfljn/ordinance/outdine/11/23/99 1
Exhibit A to Ord. No. 3433
Ord. 3433
i. At street intersections, the triangular area formed by measuring 25
feet along the curb lines, shall be clear passage area.
j. Temporary, mobile or free-standing food service providers are not
eligible under these provisions.
I (2) Operating requirements, provisions, and conditions.
a. A License Agreement including use fees shall be obtained from the
City for outdoor dining located on public property. The License
Agreement shall be subject to termination at any time upon a 10 day
prior written notice upon determination of the Zoning Administrator
that one or more of the conditions or provisions of this Section
4.2.33 have been violated or that one or more factors listed in
Subsection (5)below have changed and the permitted use is no
longer compatible with the intended use of the public right-of-way or
public property. Termination of a License Agreement shall nullify
the conditional use permit.
b. The applicant shall enter into a Maintenance Agreement with the
City for maintenance of all portions of the public property used and
approved by the Zoning Administrator for the outdoor dining. Said
agreement shall be submitted to and approved by the Department of
Public Works prior to commencement of the use.
C. All outdoor dining operators shall provide a public liability
insurance policy as specified in all current insurance resolutions.
Such liability insurance shall be provided in a form acceptable to the
City Attorney. The policy shall name the City of Huntington Beach
as an additional insured and shall be maintained at all times.
d. No food or beverages of any nature shall be sold to any occupant or
rider of any motor vehicle or bicycle.
e. Alcoholic beverages shall be served in glass containers only. Each
glass container shall be permanently printed with a number
identifying the establishment serving alcohol.
f. The applicant (or operator)shall pay all fees and deposits required by the
Huntington Beach Municipal Code, including the fee established for use of
public property,prior to operation of the outdoor dining use.
g. All provisions of the Huntington Beach Municipal Code and Zoning
and Subdivision Ordinance shall apply.
h. Alcoholic beverages may be served on public and/or private
property subject to the provisions provided herein.
i. The conditional use permit may be transferred upon sale or transfer
of the restaurant subject to a written request approved by the Zoning
Administrator and the property owner. An amendment to the
License Agreement will be required prior to transfer of the
jmf/jn/ordinance/outdine/11/23/99 2
0�rd. 3433
conditional use permit for outdoor dining on public property. A
conditional use permit transfer or License Agreement renewal or
amendment may be denied if one or more of the factors listed in
Subsection (5) have changed and the permitted use is no longer
compatible with the intended use of the public right-of-way.
(3) Parking.
Parking shall comply with the Huntington Beach Zoning and Subdivision
Ordinance or the Downtown Parking Master Plan; however, no parking
spaces shall be required for the outdoor dining portion of the restaurant if
the outdoor dining area does not exceed the following:
Total Restaurant Area Outdoor Dining Area
1) 1,200 sq. ft. or less with: Maximum 5 tables
- -` - - - and 20 seats
2) greater than 1,200 sq. ft.with: Maximum of 20% of
the restaurant area,
not to exceed 400 sq. ft.
Any outdoor dining area which exceeds these standards shall provide
100%of the required parking for the entire area.
(4) Enforcement.
Enforcement of this Section 4.2.33 shall be by the Community
Development Director or his/her designee.
Any outdoor dining use within the Downtown Specific Plan that has been
established without prior conditional use permit approval must obtain a
conditional use permit and if located on public property, a License
Agreement within 90 days following the effective date of this ordinance.
Any establishment that plans to serve alcoholic beverages in an outdoor
dining area must obtain a new conditional use permit and a new License
Agreement from the City.
(5) Necessary Findings
In order to approve outdoor dining the Zoning Administrator shall make
the following findings:
a. The sidewalk's public use,pedestrian,transit and business
services including but not limited to loading zones,bus stops,
public phones, and benches, are not restricted.
b. Building entryways are not obstructed.
C. Pedestrian traffic volumes are not inhibited.
d. Handicapped accessibility is provided where required.
jmf/jn/ordinance/outdine/11/23/99 3
Ord. No. 3433
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 Lneeting thereof held on the 2nd day of August, 1999, and was again read
to said City Council at a regular meeting thereof held on the 6th day of
December, 1999, and was passed and adopted by the affirmative vote of at least a
majority of all the members of said City Council.
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff
NOES: Bauer
ABSENT: None
ABSTAIN: None
I,Connie Brockway MY CLERK of the City of
Huntington Beach and ex-0fficio Clerk of the City Council,
do hereby certify that a synopsis of this ordinance has been
published in the Independent on e�
,19
In accordance with the City Charter of said City City Clerk and ex-officio derk
Connie Brockway 01y Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
12n199
ORDINANCE NO. 3434
A ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING SECTION 9.44.010 THEREOF
RELATING TO DRINKING ALCOHOL IN PUBLIC PLACES
The City Council of the City of Huntington Beach does hereby ordain as follows:
1. That the Huntington Beach Municipal Code is hereby amended by amending
Section 9.44.010 thereof, entitled"General: Drinking in public places,"to read as follows:
9.44.010 General:Drinking in public places. No person shall drink any malt,
spirituous or vinous liquor containing more than one-half of 1 percent of alcohol by
volume,upon any public streets, alleys, sidewalks,parkways,playgrounds,parking
lots open to the public,public parks,public school grounds,and public recreation
areas within this city,unless such person is on any place for which a conditional use
permit or special permit has been issued by the City of Huntington Beach permitting
alcohol consumption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of August , 1999
Mayor
ATTEST: APPROVED AS TO FORM:
40:3X� 11 -A _,o
City Clerk If
A, City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Direct f P g
4-990rdinances; Alco-ord
RLS 99-060
2/23/99
Ord. No. 3434
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 the 2nd day of August, 1999, and was again read
to said City Council at a regular meeting thereof held on the 16th day of
August, 1999, and was passed and adopted by the affirmative vote of at least a majority
of all the members of said City Council.
AYES: Julien, Bauer, Garofalo, Green,Dettloff,Harman, Sullivan
i
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway 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 Independent on
,19 •
In accordance with the City Charter of said City City Clerk and ex-officio Cl rk
Connie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
8/18/99
EXHIBIT
ORDINANCE NO. 3433
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH AMENDING
THE DOWNTOWN SPECIFIC PLAN BY AMENDING
SECTION 4.2.33 THEREOF ENTITLED "OUTDOOR DINING"
WHEREAS, the City Council of the City of Huntington Beach has previously adopted the
Downtown Specific Plan; and
Pursuant to the California State Planning and Zoning Law,the Huntington Beach Planning
Commission and Huntington Beach City Council have held separate, duly noticed public hearings to
consider amending Section 4.2.33 of the Downtown Specific Plan, entitled"Outdoor Dining"; and
After due consideration of the findings and recommendations of the Planning Commission and
all other evidence presented, the City Council finds that the aforesaid amendment is proper and
consistent with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as
follows:
SECTION 1. That Section 4.2.33 of the Downtown Specific Plan, entitled "Outdoor Dining,"
is hereby amended to read as set forth in the document attached hereto as Exhibit "A," which document
is incorporated by this reference as though fully set forth herein.
SECTION 2. This ordinance shall become effective 30 days after its adoption, or upon
certification of the California Coastal Commission,whichever occurs later.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 1999.
Mayor
ATTEST: APPROVED AS TO FORM:
(Amen from first reading on 8/2/99)
t �
City Clerk ��ty�AttirneyS
REVIEWED AND APPROVED: INIITI TED AND APPROVED:
City!- dministrator rector of ing
ord/jmf/jn/outdoor/1 1/23/99
AMENDMENT
DOWNTOWN SPECIFIC PLAN
OUTDOOR DINING W/ALCOHOL
November 23, 1999
4.2.33 Outdoor dining: Outdoor dining on public or private property may be permitted
subject to conditional use permit approval by the Zoning Administrator and
compliance with this Section.
(1) Location and design criteria.
Outdoor dining shall conform to the following location and design criteria:
a. The outdoor dining shall be an extension of an existing or proposed
eating establishment on contiguous property.
b. Outdoor dining located on the sidewalk area of the public right-of-
way shall be limited to commercial areas within the Downtown
Specific Plan.
C. Outdoor dining located on the sidewalk area of the public right-of-
way of the first block of Main Street and Pacific Coast Highway
within District 3 and on the Municipal Pier shall provide a minimum
ten(10) foot clear passage area or pedestrian access. Outdoor dining
located on the sidewalk area of the public right-of-way and on all
other areas shall provide a minimum eight (8) foot clear passage area
for pedestrian access. A wider clear passage area may be required at
the discretion of the Zoning Administrator.
d. No outdoor dining shall be allowed in mini-parks,publicly owned
plazas, or beach areas excluding concession carts with no seating.
e. Outdoor dining establishments which do not serve alcohol and are
located on public property shall be separated from the clear passage
area on the public sidewalk and/or pedestrian walkway by a
temporary cordon and removed when not in use.
f. Establishments which serve alcoholic beverages outdoors are
required to provide a physical barrier of 36 inches in height
surrounding the outdoor dining area that will prohibit passing of
alcohol through the barrier.
g. All tables, chairs, and umbrellas of outdoor dining located on public
property shall be removed when not in use.
h. Outdoor dining on private sidewalk areas shall provide a minimum
eight (8) foot clear passage area for pedestrian access or a permanent
cordon shall surround the outdoor dining area and a minimum five
(5) foot clear passage area shall be provided.
jmf/jn/ordinance/outdine/11/23/99 1
i. At street intersections,the triangular area formed by measuring 25
feet along the curb lines, shall be clear passage area.
j. Temporary, mobile or free-standing food service providers are not
eligible under these provisions.
(2) Operating requirements,provisions, and conditions.
a. A License Agreement including use fees shall be obtained from the
City for outdoor dining located on public property. The License
Agreement shall be subject to termination at any time upon a 10 day
prior written notice upon determination of the Zoning Administrator
that one or more of the conditions or provisions of this Section
4.2.33 have been violated or that one or more factors listed in
Subsection (5)below have changed and the permitted use is no
longer compatible with the intended use of the public right-of-way or
public property. Termination of a License Agreement shall nullify
the conditional use permit.
b. The applicant shall enter into a Maintenance Agreement with the
City for maintenance of all portions of the public property used and
approved by the Zoning Administrator for the outdoor dining. Said
agreement shall be submitted to and approved by the Department of
Public Works prior to commencement of the use.
C. All outdoor dining operators shall provide a public liability
insurance policy as specified in all current insurance resolutions.
Such liability insurance shall be provided in a form acceptable to the
City Attorney. The policy shall name the City of Huntington Beach
as an additional insured and shall be maintained at all times.
d. No food or beverages of any nature shall be sold to any occupant or
rider of any motor vehicle or bicycle.
e. Alcoholic beverages shall be served in glass containers only. Each
glass container shall be permanently printed with a number
identifying the establishment serving alcohol.
f. The applicant (or operator) shall pay all fees and deposits required by the
Huntington Beach Municipal Code, including the fee established for use of
public property,prior to operation of the outdoor dining use.
g. All provisions of the Huntington Beach Municipal Code and Zoning
and Subdivision Ordinance shall apply.
h. Alcoholic beverages may be served on public and/or private
property subject to the provisions provided herein.
i. The conditional use permit may be transferred upon sale or transfer
of the restaurant subject to a written request approved by the Zoning
Administrator and the property owner. An amendment to the
License Agreement will be required prior to transfer of the
jmf/jn/ordinance/outdine/11/23/99 2
conditional use permit for outdoor dining on public property. A
conditional use permit transfer or License Agreement renewal or
amendment may be denied if one or more of the factors listed in
Subsection (5) have changed and the permitted use is no longer
compatible with the intended use of the public right-of-way.
(3) Parking.
Parking shall comply with the Huntington Beach Zoning and Subdivision
Ordinance or the Downtown Parking Master Plan; however, no parking
spaces shall be required for the outdoor dining portion of the restaurant if
the outdoor dining area does not exceed the following:
Total Restaurant Area Outdoor Dining Area
1) 1,200 sq. ft. or less with: Maximum 5 tables
- and 20 seats
2) greater than 1,200 sq. ft. with: Maximum of 20%of
the restaurant area,
not to exceed 400 sq. ft.
Any outdoor dining area which exceeds these standards shall provide
100% of the required parking for the entire area.
(4) Enforcement.
Enforcement of this Section 4.2.33 shall be by the Community
Development Director or his/her designee.
Any outdoor dining use within the Downtown Specific Plan that has been
established without prior conditional use permit approval must obtain a
conditional use permit and if located on public property, a License
Agreement within 90 days following the effective date of this ordinance.
Any establishment that plans to serve alcoholic beverages in an outdoor
dining area must obtain a new conditional use permit and a new License
Agreement from the City.
(5) Necessary Findings
In order to approve outdoor dining the Zoning Administrator shall make
the following findings:
a. The sidewalk's public use, pedestrian, transit and business
services including but not limited to loading zones,bus stops,
public phones, and benches, are not restricted.
b. Building entryways are not obstructed.
C. Pedestrian traffic volumes are not inhibited.
d. Handicapped accessibility is provided where required.
jmf/jn/ordinance/outdine/11/23/99 3
ORDINANCE NO. 3433
AN ORDINANCE OF THE CITY COUNCIL /
OF THE CITY OF HUNTINGTON BEACH
AMENDING THE DOWNTOWN SPECIFIC PLAN
BY AMENDING SECTION 4.2.33 THEREOF ENTITL
"OUTDOOR DINING"
WHEREAS, the City Council of the City of Huntington Beach has eviously adopted the
Downtown Specific Plan; and
Pursuant to the California State Planning and Zoning Law, t Huntington Beach Planning
Commission and Huntington Beach City Council have held sep te, duly noticed public hearings to
consider amending Section 4.2.33 of the Downtown Specific. Ian, entitled"Outdoor Dining"; and
After due consideration of the findings and reco endations of the Planning Commission and
all other evidence presented,the City Council finds th the aforesaid amendment is proper and
consistent with the General Plan, II
NOW, THEREFORE,the City Council f the City HuntingtA each does hereby ordain as
follows: ,e
the
SECTION 1. That Section 4.2.3. of the Downtown Specific Plan, entitled "Outdoor Dining,"
is hereby amended to read as set fort in the document attached hereto as Exhibit "A," which document
is incorporated by this reference "though fully set forth herein.
f
SECTION 2. This or inane shall become effective 30 days after its adoption, or upon
certification of the Califo a Coastal Commission,whichever occurs later.
PASSED AND OPTED by the City Council of the City of Huntington Beach at a
regular meeting ther f held on the 16th day of st 1999.
Mayor
ATTEST: ,
APPROVED AS TO FORM:
City `rk ,�1 City Attorney
RE HEWED AND APPROVED: INITIATED AND APPROVED:
City A ministrator Director of nning
ord/j mf/jn/outdoor/07/01/99
Ord. No. 3433 Exhibit A
AMENDMENT
DOWNTOWN SPECIFIC PLAN
OUTDOOR DINING W/ALCOHOL
June 30, 1999
4.2.33 Outdoor dining: Outdoor dining on public or private prop y may be permitted
subject to conditional use permit approval by the Zonin :Administrator and
compliance with this Section.
(1) Location and design criteria.
Outdoor dining shall conform to the follo ng location and design criteria:
a. The outdoor dining shall bean a nsion of an existing or proposed
eating establishment on contigu ' s property.
b. Outdoor dining located on t sidewalk area of the public right-of-
way shall be limited to co ercial areas within the Downtown
Specific Plan.
C. Outdoor dining locat on the sidewalk area of the public right-of-
way of the first blo of Main Street and Pacific Coast Highway
within District 3 d on the Municipal Pier shall provide a minimum
ten(10) foot cl passage area or pedestrian access. Outdoor dining
located on the dewalk area of the public right-of-way and on all
other areas s 11 provide a minimum eight (8) foot clear passage area
for pedestri ' access. A wider clear passage area may be required at
the discre * n of the Zoning Administrator.
d. No out or dining shall be allowed in mini-parks,publicly owned
plaza or beach areas excluding concession carts with no seating.
e. O oor dining establishments which do not serve alcohol and are
1 ated on public property shall be separated from the clear passage
ea on the public sidewalk and/or pedestrian walkway by a
emporary cordon and removed when not in use.
f All tables, chairs, and umbrellas of outdoor dining located on public
property shall be removed when not in use.
g. Outdoor dining on private sidewalk areas shall provide a minimum
eight(8) foot clear passage area for pedestrian access or a permanent
cordon shall surround the outdoor dining area and a minimum five
(5) foot clear passage area shall be provided.
h. At street intersections,the triangular area formed by measuring 25
feet along the curb lines, shall be clear passage area.
i. Temporary,mobile or free-standing food service providers are not
eligible under these provisions.
jmf/jn/ordinance/outdine/07/01/99 1
Ord. No. 3433 Exhibit A
(2) Operating requirements, provisions, and conditions.
a. A License Agreement including use fees shall be obtained from the
City for outdoor dining located on public property. The License
Agreement shall be subject to termination at any time upon a 10 d
prior written notice upon determination of the Zoning Administ or
that one or more of the conditions or provisions of this Sectio
4.2.33 have been violated or that one or more factors listed
Subsection (5)below have changed and the permitted us s no
longer compatible with the intended use of the public ' t-of-way or
public property. Termination of a License Agreeme shall nullify
the conditional use permit.
b. The applicant shall enter into a Maintenance eement with the
City for maintenance of all portions of the p lic property used and
approved by the Zoning Administrator for a outdoor dining. Said
agreement shall be submitted to and app ved by the Department of
Public Works prior to commencement f the use.
C. All outdoor dining operators shall ovide a public liability
insurance policy as specified in current insurance resolutions.
Such liability insurance shall provided in a form acceptable to the
City Attorney. Thep s 11 name the City of Huntington Beach
as an additional insured an shall be maintained at all times.
d. No food or beverages o any nature shall be sold to any occupant or
rider of any motor ve cle or bicycle.
e. The applicant(or erator) shall pay all fees and deposits required
by the Huntingto each Municipal Code, including the fee
established for e of public property,prior to operation of the
outdoor dinin se.
f. All provisio's of the Huntington Beach Municipal Code and Zoning
and Subdil sion Ordinance shall apply.
g. Alcoho'' beverages may be served on public and/or private
prope subject to the provisions provided herein.
h. Th conditional use permit may be transferred upon sale or transfer
o e restaurant subject to a written request approved by the Zoning
dmin.strator and the property owner. An amendment to the
icense Agreement will be required prior to transfer of the
conditional use permit for outdoor dining on public property. A
conditional use permit transfer or License Agreement renewal or
amendment may be denied if one or more of the factors listed in
° Subsection(5)have changed and the permitted use is no longer
compatible with the intended use of the public right-of-way.
jmfljn/ordinance/outdine/07/01/99 2
Ord. No. 3433 Exhibit A
P
(3) Parking.
Parking shall comply with the Huntington Beach Zoning and Subdivision
Ordinance or the Downtown Parking Master Plan; however, no parking
spaces shall be required for the outdoor dining portion of the restaurant if
the outdoor dining area does not exceed the following:
Total Restaurant Area Outdoor Dinin ea
1) 1,200 sq. ft. or less with: Maximum 5 abies
and 20 s s
2) greater than 1,200 sq. ft.with: aximum of 20% of
%the restaurant area,
not to exceed 400 sq. ft.
Any outdoor dining area which exce s these standards shall provide
100%of the required parking for entire area.
(4) Enforcement.
Enforcement of this Sectio .2.33 shall be by the Community
Development Director or s/her designee.
Any outdoor dining u within the Downtown Specific Plan that has been
established without or conditional use permit approval must obtain a
conditional use pe it and if located on public property, a License
Agreement with, 0 days following the effective date of this ordinance.
Any establishm t that plans to serve alcoholic beverages in an outdoor
dining area mu obtain a new conditional use permit and a new License
Agreement fr the City.
(5) Necessary indings
In orde o approve outdoor dining the Zoning Administrator shall make
the fo owing findings:
a. The sidewalk's public use,pedestrian,transit and business
services including but not limited to loading zones,bus stops,
public phones, and benches, are not restricted.
b. Building entryways are not obstructed.
C. Pedestrian traffic volumes are not inhibited.
d. Handicapped accessibility is provided where required.
jmfljn/ordinance/outdine/07/01/99 3
Ord. No. 3433
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected, qu ed City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City cil of said City, do
hereby certify that the whole number of members of the C f Council of the City of
Huntington Beach is seven; that the foregoing ordinanc was read to said City Council
at a re ugular meeting thereof held on the 2nd da of grust. 1999, and was again read
to said City Council at a regular meeting thereof. eld on the 16th dap of
Au2ust, 1999, and was passed and adopted by; e affirmative vote of at least a majority
of all the members of said City Council.
AYES: Julien,Bauer, Garof , Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockw/atCITYE1tK of the City of
Huntington Beaccio Clerk of the City
Council,do herebt a synopsis of this
ordinance has bein the Independent on
>19—�
In accordance th the City Charter of said City City Clerk and ex-officio erk
on Cnie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
8/18/99
The foregoing instrument is a corn.__
copy of the original on file in this office.
Attest_
L L9 iv i f3 de P
City Clerk and Ex-officio Clerk of the City
Council of the City of Huntington Beach,
California.
By
EXHIBIT B
RCA ROUTING SHEET
INITIATING DEPARTMENT: PLANNING DEPARTMENT
SUBJECT: Re-adoption of Amended Ordinance No. 3433 which
approves Zoning Text Amendment No. 98-4 and Approval
of Local Coastal Program Amendment No. 99-4
COUNCIL MEETING DATE: I December 6, 1999
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Sta -Z
Assistant City Ad istrato Initi I
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Space . Only)
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To: Honorable Mayor and City Council Members
Via: Ray Silver, City Administrator
From: Howard Zelefsky, Planning Director/)—� Z—
Date: December3, 1999
Subject: LATE COMMUNICATION FOR LOCAL COASTAL PROGRAM
AMENDMENT NO. 99-4
The ordinance attached as"Exhibit A" to Resolution No. 99-104 needs to be substituted
with the attached ordinance.
rn
c-�
HZ:SH:MBB:CC:kl
c7
CD
r' v
xc: Melanie S. Fallon, Assistant City Administrator
Scott Hess, Principal Planner
Mary Beth Broeren, Senior Planner
Cindy Chie, Assistant Planner
encl.
gAidmitr9911299cc2.doc
l
ORDINANCE NO. 3433
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH AMENDING
THE DOWNTOWN SPECIFIC PLAN BY AMENDING
SECTION 4.2.33 THEREOF ENTITLED "OUTDOOR DINING"
WHEREAS, the City Council of the City of Huntington Beach has previously adopted the
Downtown Specific Plan; and
Pursuant to the California State Planning and Zoning Law,the Huntington Beach Planning
Commission and Huntington Beach City Council have held separate, duly noticed public hearings to
consider amending Section 4.2.33 of the Downtown Specific Plan, entitled"Outdoor Dining"; and
-After due consideration of the findings and recommendations of the Planning Commission and
all other evidence presented,the City Council finds that the aforesaid amendment is proper and
consistent with the General Plan,
NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as
follows:
SECTION 1. That Section 4.2.33 of the Downtown Specific Plan, entitled "Outdoor Dining,"
is hereby amended to read as set forth in the document attached hereto as Exhibit"A," which document
is incorporated by this reference as though fully set forth herein.
SECTION 2. This ordinance shall become effective 30 days after its adoption, or upon
certification of the California Coastal Commission,whichever occurs later.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 1999.
Mayor
ATTEST: APPROVED AS TO FORM:
(Amen from first reading on 8/2/99)
City Clerk XAttome
REVIEWED AND APPROVED: INIT TED AND APPROVED:
ry r.A
City Administrator rector of ng
ord/jmf/jn/outdoor/l 1/23/99
y
AMENDMENT
DOWNTOWN SPECIFIC PLAN
OUTDOOR DINING W/ALCOHOL
November 23, 1999
4.2.33 Outdoor dining: Outdoor dining on public or private property may be permitted
subject to conditional use permit approval by the Zoning Administrator and
compliance with this Section.
(1) Location and design criteria.
Outdoor dining shall conform to the following location and design criteria:
a. The outdoor dining shall be an extension of an existing or proposed
eating establishment on contiguous property.
b. Outdoor dining located on the sidewalk area of the public right-of-
way shall be limited to commercial areas within the Downtown
Specific Plan.
C. Outdoor dining located on the sidewalk area of the public right-of-
way of the first block of Main Street and Pacific Coast Highway
within District 3 and on the Municipal Pier shall provide a minimum
ten(10) foot clear passage area or pedestrian access. Outdoor dining
located on the sidewalk area of the public right-of-way and on all
other areas shall provide a minimum eight(8) foot clear passage area
for pedestrian access. A wider clear passage area may be required at
the discretion of the Zoning Administrator.
d. No outdoor dining shall be allowed in mini-parks,publicly owned
plazas,or beach areas excluding concession carts with no seating.
e. Outdoor dining establishments which do not serve alcohol and are
located on public property shall be separated from the clear passage
area on the public sidewalk and/or pedestrian walkway by a
temporary cordon and removed when not in use.
f. Establishments which serve alcoholic beverages outdoors are
required to provide a physical barrier of 36 inches in height
surrounding the outdoor dining area that will prohibit passing of
alcohol through the barrier.
g. All tables,chairs, and umbrellas of outdoor dining located on public
property shall be removed when not in use.
h. Outdoor dining on private sidewalk areas shall provide a minimum
eight(8) foot clear passage area for pedestrian access or a permanent
cordon shall surround the outdoor dining area and a minimum five
(5) foot clear passage area shall be provided.
jmf/jn/ordinance/outdine/11/23/99 1 ` /
i. At street intersections,the triangular area formed by measuring 25
feet along the curb lines, shall be clear passage area.
j. Temporary,mobile or free-standing food service providers are not
eligible under these provisions.
(2) Operating requirements, provisions, and conditions.
a. A License Agreement including use fees shall be obtained from the
City for outdoor dining located on public property. The License
Agreement shall be subject to termination at any time upon a 10 day
prior written notice upon determination of the Zoning Administrator
that one or more of the conditions or provisions of this Section
4.2.33 have been violated or that one or more factors listed in
Subsection(5)below have changed and the permitted use is no
longer compatible with the intended use of the public right-of-way or
public property. Termination of a License Agreement shall nullify
the conditional use permit.
b. The applicant shall enter into a Maintenance Agreement with the
City for maintenance of all portions of the public property used and
approved by the Zoning Administrator for the outdoor dining. Said
agreement shall be submitted to and approved by the Department of
Public Works prior to commencement of the use.
C. All outdoor dining operators shall provide a public liability
insurance policy as specified in all current insurance resolutions.
Such liability insurance shall be provided in a form acceptable to the
City Attorney. The policy shall name the City of Huntington Beach
as an additional insured and.shall be maintained at all times.
d. No food or beverages of any nature shall be sold to any occupant or
rider of any motor vehicle or bicycle.
e. Alcoholic beverages shall be served in glass containers only. Each
glass container shall be permanently printed with a number
identifying the establishment serving alcohol.
f. The applicant(or operator) shall pay all fees and deposits required by the
Huntington Beach Municipal Code,including the fee established for use of
public property,prior to operation of the outdoor dining use.
g. All provisions of the Huntington Beach Municipal Code and Zoning •
and Subdivision Ordinance shall apply.
h. Alcoholic beverages may be served on public and/or private
property subject to the provisions provided herein.
i. The conditional use permit may be transferred upon sale or transfer
of the restaurant subject to a written request approved by the Zoning
Administrator and the property owner. An amendment to the
License Agreement will be required prior to transfer of the
jmf/jn/ordinance/outdine/11/23/99 2
conditional use permit for outdoor dining on public property. A
conditional use permit transfer or License Agreement renewal or
amendment may be denied if one or more of the factors listed in
Subsection(5)have changed and the permitted use is no longer
compatible with the intended use of the public right-of-way.
(3) Parking.
Parking shall comply with the Huntington Beach Zoning and Subdivision
Ordinance or the Downtown Parking Master Plan; however,no parking
spaces shall be required for the outdoor dining portion of the restaurant if
the outdoor dining area does not exceed the following:
Total Restaurant Area Outdoor Dining Area
1) 1,200 sq. ft. or less with: Maximum 5 tables
and 20 seats
2) greater than 1,200 sq. ft. with: Maximum of 20%of
the restaurant area,
not to exceed 400 sq. ft.
Any outdoor dining area which exceeds these standards shall provide
100%of the required parking for the entire area.
(4) Enforcement.
Enforcement of this Section 4.2.33 shall be by the Community
Development Director or his/her designee.
Any outdoor dining use within the Downtown Specific Plan that has been
established without prior conditional use permit approval must obtain a
conditional use permit and if located on public property, a License
Agreement within 90 days following the effective date of this ordinance.
Any establishment that plans to serve alcoholic beverages in an outdoor
dining area must obtain a new conditional use permit and a new License
Agreement from the City.
(5) Necessary Findings
In order to approve outdoor dining the Zoning Administrator shall make
the following findings:
a. The sidewalk's public use, pedestrian, transit and business
services including but not limited to loading zones,bus stops,
public phones, and benches, are not restricted.
b. Building entryways are not obstructed.
C. Pedestrian traffic volumes are not inhibited.
d. Handicapped accessibility is provided where required.
jmf/jn/ordinance/outdine/11/23/99 3
08/02/99 - Council/Agency Minutes - Page 11
(b) Adopt the Mitigation Monitoring Program (Attachment No. 6 to the Request for
Council Action dated August 2, 1999) and as amended to include language from
communication dated August 2, 1999 submitted by Kathy Kurjan relative to the
Mitigation Monitoring Program.
The motion adopted as amended 4-3 (Bauer, Green, Sullivan NO).
Councilmember Dettloff requested that a meeting be scheduled with Mayor Green, herself,
consultants, staff, the City Administrator, and two members of the Environmental Board to
address any concerns raised by the Environmental Board.
(CITY COUNCIL) PUBLIC HEARING—ZONING TEXT AMENDMENT NO. 98-4 (DOWNTOWN
OUTDOOR DINING WITH ALCOHOL—APPROVED INTRODUCTION OF ORDINANCE NOS.
3433 & 3434 -APPROVED SAMPLE LICENSE AGREEMENT AS AMENDED (450.20)
Mayor Green announced that this was the time scheduled for a public hearing to consider the
following subject:
Applicant: City of Huntington Beach
Request: To amend the outdoor dining standards to permit the consumption of alcoholic
beverages on public property within the Downtown Specific Plan District.
Location: Downtown Specific Plan Area
Environmental Status: The above item is categorically exempt from the provisions of the
California Environmental Quality Act.
A communication from Ronald Davis Attorney at Law, in support of outdoor dining with alcohol
had been included in the Council agenda packet.
Legal notice as provided to the City clerk's Office by staff had been mailed, published and posted.
Planning Director Zelefsky presented a lengthy slide report.
Fred Speaker, Planning Commission, summarized the reasons why two members of the Planning
Commission had voted against the proposed ordinance stating that it was because the Police Chief
had stated that the city is not yet ready for the ordinance. Planning Commissioner Speaker stated
that the outdoor dining would not be in effect until the Spring of 2000. He spoke regarding the merits
of the proposed license agreement process as opposed to the conditional use permit process.
In response to Councilmember Sullivan, Police Captain Cutshaw stated that the Police Department is
still philosophically opposed to outdoor dining. He stated they recommend a higher height for the
barrier. In response to Councilmember Sullivan, he stated that next summer the Police Department
will still oppose outdoor dining with alcohol. He reported on the reasons the Police Department wants
it contiguous to the business. In response to Councilmember Sullivan, he stated that the Police
Department prefers to have another definition of restaurant than that of the ABC; he also reported on
the Police Department's request for specially marked glasses; that plastic glasses that are marked
would be sufficient. Planning Commissioner Speaker, in response to Councilmember Dettloff, stated
why the Planning Commission did not recommend that it be contiguous to the business as the second
block would need to be reconfigured.
Page 12 - Council/Agency Minutes— 08/02/99
In response to Mayor Green, Planning Director Zelefsky spoke regarding the reasons the staff does
not believe you can separate the height issue from the aesthetic issue. Councilmember Sullivan
stated that he is concerned with the Police Department's concern that a business could serve
popcorn and then want to serve alcohol as though they are a restaurant. Planning Director Zelefsky
stated that in the staff report there is a list of bonafide establishments. Councilmember Sullivan
presented examples of certain actions that are still occurring which were voted down by the Planning
Commission and Council. Planning Director Zelefsky reported on how the process would work and
listed the safe guards. Discussion was held regarding ABC requirements. In response to
Councilmember Julien, Planning Commissioner Speaker stated the cost would be prohibitive for
specially marked glasses.
Mayor Green declared the hearing open.
Earlier in the meeting, the City Clerk had announced that the following communication on this item
had been provided to the City Council:
Slide show presentation from the Planning Director dated August 2, 1999 entitled Downtown
Outdoor Dining With Alcohol—Zoning Text Amendment No. 98-4.
ARTHUR ROSEN, spoke in opposition, as the already undermanned police department cannot
monitor everyone. He stated that he and others support the police department
recommendation.
KEN VASILIK, Surf City Candy, stated that he would like to see outdoor dining with alcohol as
he believes it would lend itself to responsible families visiting the downtown area.
LORETTA WOLFE, Downtown Residents Association, presented two handout documents. She
presented reasons in opposition. She stated that the city qualified for a grant to deal with
alcohol problems and should not be contemplating considering adoption of the proposed
ordinance.
MARIE ST. GERMAIN, stated that the reality is that Main Street at the present time does not
lend itself to a person being able to have a glass of wine in an outdoor restaurant environment.
She requested that Council support the Police Chiefs recommendation.
STEVE DANIEL, President, Downtown Merchants Association, stated that they voted to support
outdoor dining with alcohol; that Dukes and Chimayos which on public property have it already
and there are kids visiting at the beach in this area. He stated that he believes that it is up to
everybody to enforce the rules. Mr. Daniel stated his support for the Planning Commission
recommendation for a Business Improvement District (BID).
RON DAVIS, spoke in support of outdoor dining with alcohol. He informed Council that the
adult segment of the community will come to the downtown area, that he believes that outdoor
dining with alcohol would upgrade the current restaurants.
KEITH BOHR, spoke in support of outdoor dining with alcohol. He spoke in opposition of the
barrier issue, stating that the Long Board Restaurant had not wanted the barrier but erected it
because the police wanted the barrier. He stated that there is not enough area for the sixth
establishment on the list to have outdoor alcohol with dining.
08/02/99 - Council/Agency Minutes - Page 13
MIKE ADAMS, recommended that the Council approve the Planning Commission
recommendations on the proposed ordinance. He stated that he believes the Police
Department recommendation are based on the past and that Council must look to the future.
He stated that he believes that better restaurants such as national chains will be lost if outdoor
dining with alcohol is not approved. Mr. Adams stated reasons why, for aesthetic reasons, a 36
inch barrier is sufficient.
JAMES LANE, addressed Council in opposition to the proposed ordinance to allow outdoor
dining with alcohol. He spoke regarding the permanent hose that is kept to clean the street of
urine in the morning; that many crimes including murder have been committed in the downtown
area. He stated that if this ordinance is passed the downtown residents will be forced to go to
ABC and oppose any new liquor licenses.
There being no further persons present to speak on the matter and there being no further
protests filed, either written or oral, the hearing was closed by the Mayor.
Councilmember Bauer presented reasons why he would oppose outdoor dining with alcohol at
this time as he does not believe the downtown area is ready for the program.
Captain Cutshaw responded to Councilmember Julien regarding Chimayos and Duke's
restaurants, and relative to two police officers that are on duty because of the recently awarded
grant program relative to alcohol. He recounted a recent alcohol incident in the downtown area
to Council.
Straw Votes
A motion was made by Garofalo, second Green to approve Item No. 2: Remove all alcohol at
10:00 p.m.; No alcohol on July Fourth. The motion carried by the following roll call straw vote:
AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSTENTIONS: Bauer
ABSENT: None
A motion was made by Garofalo, second Green to approve Item No. 4: Only Bona fide eating
establishments would be eligible. The motion carried by the following roll call straw vote:
AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSTENTIONS: Bauer
ABSENT: None
A motion was made by Garofalo, second Julien to approve Item No. 1: Variable height of 36" to
40" high. The motion carried by the following roll call straw vote:
Discussion was held that this would be for a trial period of(1) one year.
The motion carried by the following roll call straw vote:
AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSTENTIONS: Bauer
ABSENT: None
Page 14 - Council/Agency Minutes— 08/02/99
A motion was made by Garofalo, second Harman to approve Item No. 3: Establishments would
be permitted to serve alcohol within outdoor dining areas in conformance with the existing
standards. The motion carried by the following roll call straw vote:
AYES: Julien, Garofalo, Dettloff, Harman
NOES: Bauer, Green, Sullivan
ABSENT: None
A motion was made by Garofalo, second Harman to approve Item No. 5: as recommended by
the Planning Commission, that there be no requirement for containers that serve alcohol to be
made of glass with the establishment name imprinted on each glass.
In response to Councilmember Harman, Police Captain Cutshaw stated that glass identification
would help the Police Department identify the restaurants which are not in compliance.
The motion carried by the following roll call straw vote":
AYES: Julien, Garofalo, Green, Harman
NOES: Dettloff, Sullivan
ABSTENTIONS: Bauer
ABSENT: None
*See revision to this straw vote on Page No. D-22B
A motion was made by Garofalo, second Julien to approve Item No. 6: Eliminate the allowance
for drinking establishments (bars) to provide outdoor dining. The ABC law 23.03.8 was cited.
The motion carried by the following roll call straw vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman
NOES: None
ABSTENTIONS: Bauer
ABSENT: None
A motion was made Garofalo, second Julien to approve Item No. 7: Require a conditional use
permit (CUP) and license agreement. The motion carried by the following roll call straw vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
A motion was made by Garofalo, second Sullivan to approve Item No. 8: Require monthly
steam cleaning or high pressure water cleaning of the outdoor dining area. The motion carried
by the following roll call straw vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
08/02/99 - Council/Agency Minutes - Page 15
A motion was made by Garofalo, second Dettloff to approve Items Nos. 1 through 8 on which
"straw" votes have just been taken and *to revise straw vote No. 5 to require a numbering
system for the restaurant glassware and also the 36" height barrier inclusion.
1. Approve Zoning Text Amendment No. 98-4 with findings for approval (Attachment No. 1 to
the Request for Council Action dated August 2, 1999) and, following a reading by title by the
City Clerk, approve introduction of Ordinance No. 3433 (Attachment No. 2 to the Request
for Council Action dated August 2, 1999) - "An Ordinance of the City Council of the City of
Huntington Beach Amending the Downtown Specific Plan by Amending Section 4.2.33
Thereof Entitled"Outdoor Dining."Amended to require 36" height on barrier and to require
glasses be identified by a number assigned to the establishment.
2. Approve the draft License Agreement By and Between the City of Huntington Beach (it's a
sample agreement so there's no party to read) for Encroachment into the Public Right of
Way as modified (Attachment No. 3 to the Request for Council Action dated August 2,
1999). Amended to include in the sample agreement that the establishment applying for
outdoor dining with alcohol be responsible for cost of barrier.
3. Following a reading by title by the City Clerk, approve introduction of Ordinance No. 3434
approving the necessary modifications to Municipal Code Section 9.44.010 (Attachment
No. 4 to the Request for Council Action dated August 2, 1999)— "An Ordinance of the City
of Huntington Beach Amending the Huntington Beach Municipal Code by Amending
Section 9.44.010 Thereof Relating to Drinking Alcohol in Public Places."
The motion carried by the following roll call straw vote:
AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: Bauer
ABSENT: None
Councilmember Bauer presented reasons why he had voted in opposition.
Councilmember Sullivan stated that he believed an association should be formed of the
restaurants which serve alcohol and that the total cost of part-time code enforcement officers
should be prorated among the existing restaurants.
Action Taken on the Seven Minute Actions of the Planning Commission
The City Council then considered the following seven minute action Planning Commission
recommendations which were forwarded to Council by Planning staff.
A motion was made by Garofalo, second Sullivan to approve Planning Commission Minute Action
Recommendation No. 2 of the seven minute actions taken by the Planning Commission as
submitted: The City Council shall adopt a zero tolerance policy regarding enforcement of the
proposed ordinance and revoking of the license agreement for any violations of the proposed
ordinance.
And to approve Planning Commission Minute Action Recommendation No. 3 as submitted.
• Page 16 - Council/Agency Minutes—08/02/99
The ordinance shall be reviewed following the summer of 2000 (Labor Day) by staff, Planning
Commission and the City Council to evaluate whether operation of outdoor dining with alcohol
should continue.
And approve Planning Commission Minute Action recommendation No. 4 as submitted: All
license agreements shall be reviewed and renewed at the same time annually by staff.
The following Planning Commission Minute Action Recommendation No. 5 was not acted upon
by Council: All establishments which serve alcohol outdoors on public property shall pay a
prorated share of the cost of enforcement to regulate the outdoor dining areas based on the
area leased by the establishment.
Approve Planning Commission Minute Action Recommendation No. 7. This license agreement
is a privilege, not a right to be granted to everyone and should be based on the applicant's past
history and performance.
The motion made by Garofalo, second Sullivan carried by unanimous vote.
A motion was made by Garofalo, second Sullivan to amend the Planning Commission minute
action Recommendation on Item No. 1 to read as follows: The ordinance shall not become
effective until approval of the Coastal Commission and that prior to such Coastal Commission
approval, that staff return to Council with a plan relative to funding a code enforcement officer to
work Friday through Sunday during the hours of operation for alcohol service within outdoor
dining areas.
The motion carried by the following roll call vote:
AYES: Julien, Garofalo, Dettloff, Harman
NOES: Bauer, Green, Sullivan
ABSENT: None
A motion was made by Garofalo, second Julien to approve the Planning Commission minute
action Recommendation No. 6 as follows: The City shall evaluate the possibility of forming a
Business Improvement District (BID) to enable the businesses to maintain the outdoor dining
areas and provide a method of equally distributing enforcement cost amongst the outdoor dining
establishments (i.e., sidewalk cleaning). The motion carried by the following roll call vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman
NOES: Sullivan
ABSENT: None
A motion was made by Garofalo, second Sullivan that the establishment applying for permission
to serve alcohol outdoors on public property be responsible for the barrier and that this
requirement be placed in the license agreement. The motion carried by unanimous vote.
Page 24 - Council/Agency Minutes — 08/16/99
The motion made by Garofalo, second Julien carried unanimously.
Community Director Hagan informed Council that an ordinance would be prepared to ensure
that the rain policy can not be violated.
(CITY COUNCIL) APPROVED CONCEPTUAL PLAN FOR A YOUTH SPORTS COMPLEX AT
MURDY COMMUNITY PARK/PARK VIEW SCHOOL (920.10)
The City Council considered a communication from Community Services Director Hagan
recommending Council approval of the conceptual plan for a Youth Sports Complex at Murdy
Community Park and Park View School.
A motion was made by Garofalo, second Dettloff to approve the concept as presented for the
reconfiguration of Murdy Community Park and Park View School into a Youth Sports Complex.
The motion carried unanimously.
Councilmember Dettloff complimented Chuck Beauregard and Mike Green for their input and
work. She stated without the leadership of Mr. Beauregard and Mr. Green this plan might never
had been developed. She stated that Community Services Director Hagan and Deputy Director
Jim Engle contributed greatly to this project.
(CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3433—OUTDOOR DINING
—AMENDS DOWNTOWN SPECIFIC PLAN —ZONING TEXT AMENDMENT NO. 98-4—
(450.20) "An Ordinance of the City Council of the City of Huntington Beach Amending the
Downtown Specific Plan by Amending Section 4.2.33 Thereof Titled "Outdoor Dining"
A motion was made by Dettloff, second Garofalo to approve the adoption of Ordinance
No. 3433 after City Clerk reads by title. The motion carried by the following roll call vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
(CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3434—AMENDS H.B.
MUNICIPAL CODE RELATING TO DRINKING ALCOHOL IN PUBLIC PLACES (450.20) —
"An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code
by Amending Section 9.44.010 Thereof Relating to Drinking Alcohol in Public Places."
A motion was made by Garofalo, second Dettloff to approve the adoption of Ordinance
No. 3434 after City Clerk reads by title. The motion carried by the following roll call vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
r"
ORDINANCE NO. 3434
A ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING SECTION 9.44.010 THEREOF
RELATING TO DRINKING ALCOHOL IN PUBLIC PLACES
The City Council of the City of Huntington Beach does hereby ordain as follows:
1. That the Huntington Beach Municipal Code is hereby amended by amending
Section 9.44.010 thereof, entitled"General: Drinking in public places,"to read as follows:
9.44.010 General: Drinking in public places.No person shall drink any malt,
spirituous or vinous liquor containing more than one-half of 1 percent of alcohol by
volume,upon any public streets, alleys, sidewalks,parkways, playgrounds,parking
lots open to the public,public parks,public school grounds, and public recreation
areas within this city,unless such person is on any place for which a conditional use
permit or special permit has been issued by the City of Huntington Beach permitting
alcohol consumption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of August , 1999
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk _ L3h 5 City Attorney i
REVIEWED AND APPROVED: INITIATED AND APPROVED:
WI-71aa 2/t
City Administrator Direct�f Plar&g
4-990rdinances; Alco-ord
RLS 99-060
2/23/99
Ord. No. 3434
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 the 2nd day of August, 1999, and was again read
to said City Council at a regular meeting thereof held on the 16th day of
Au2ust, 1999, and was passed and adopted by the affirmative vote of at least a majority
of all the members of said City Council.
AYES: Julien,Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway 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 Independent on
02� ,19 4 9 � ll� ihJ�f/'
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway City Clerk of the City Council of the City
�A
i �- Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
8/18/99
The foregoing instrument is a correct
copy of the original on file in this office.
Attest
L' vNN i E ��E'o�-•COY
City Clerk and Ex-officio Clerk of the City
Council.of the City of Huntington Beach,
California.
By^ C a ��/ �'66 Deputy
REQUEST FOR ACTION
MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL99-50
Attachment(s):
City Clerk's
Page Number No. Description
1. Findings for Approval
2. Draft Ordinance No.
3. Draft License Agreement w/ Conditions of Approval (Staff
Recommended)
4. Ordinance No. y3 Municipal Code Chapter 9.44
5. Draft License Agreement w/ Conditions of Approval (Planning
Commission Recommended)
6. Legislative Draft Ordinance
7. Planning Commission Staff Report dated June 22, 1999
8. Planning Commission Sub-committee Issues Matrix
9. Downtown Restaurant Association Comments dated June 21, 1999
10. Section 23038 of Alcoholic Beverage Control Act
11. Police Department Memo dated May 18, 1999
12. List of "Bona Fide" Eating Establishments
13. Existing Outdoor Dining Locations (west side of 2nd block)
14. Conceptual 2"d Block Contiguous Dining Plan
15. Police Department memo dated July 14, 1999
PL99-50 -12- July 26, 1999 1:41 PM
�� ATTACHMENT # 1
9 Z,�2eF,Sx y-PcA!!A!A!o DI)W7
u> ee®- Poaiu�eha�i
/rCaS
Council/Agency Meeting Held: 'a�
7red/Continued to:
Approved ❑ Conditio ally Approved ❑ Denied 0�w C6 y lerk's Signature
nhna.'ar�A" PTouncl
l Mee August 2� 1999 Department ID Number: PL99-50
CITY OF HUNTINGTON BEACH ->2.19-1
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY: HOWARD ZELEFSKY, Planning Director
SUBJECT: APPROVE ZONING TEXT AMENDME T O. 98-4
(OUTDOOR DINING WITH ALCOHOL)
[statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Transmitted for your consideration is Zoning Text Amendment No. 98-
4, a request to amend the Downtown Specific Plan (DTSP) to permit the consumption of
alcoholic beverages in conjunction with outdoor dining on public property. Outdoor dining
with alcohol is currently permitted only on private property. In addition, Municipal Code
Chapter 9.44 must be amended to permit the proposed consumption of alcohol in outdoor
dining areas on public property.
On June 22, 1999, the Planning Commission reviewed the draft ordinance and
recommended approval and adoption by the City Council with modifications in conjunction
with a modified license agreement. (Recommended Action B).
Funding Source: Not applicable.
Recommended Action:
Motion to:
- T
J
,'
ppr ode
REQUEST FOR ACTION
MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL99-50
B. PLANNING COMMISSION RECOMMENDATION:
Motion to:
1. "Approve Zoning Text Amendment No. 98-4 with findings for approval (ATTACHMENT
NO. 1) and adopt Ordinance No. 3y33 ATTACHMENT NO. 2)."f3OpRov�O iarRoOv�'rc✓v�s�
��e¢lac Amended 46 v;re_ .36" eI qhf on b4reier u,ha( Y`e vile-e1 asses ,6e
�{denf+tie b yivmbe+e. assr` e �a Me 2sf-a b/.�hrr�eraf.
2. Approve e a License Agreement moiE
(ATyCH�NT NO, 5)."ftsAlwooee t,1,ns/,od
Jae cSa /e./ Yteine�t fh2t fheJ b/i's e a /yih .err o�J ovr L),
w�'tha�eoho/be rrs onsibl�Fo Casf o� rja.rrie'r (o- aa e�/✓i erc •d yW�r'W1n 7i6 �.
3. "Adopt Or
No. `i 3 Y, approving the necessary modifications to Municipal Code"
Section 9.44.010 (ATTACHMENT NO. 4)."
f�PPRoY�:a /1V1-&0,0d&7_1M1 o/--
4. "Approve the seven minute action recommendations and direct staff accordingly."
Planninq Commission Action on June 22, 1999.
THE MOTION MADE BY SPEAKER, SECONDED BY KERINS, TO APPROVE ZONING
TEXT AMENDMENT NO. 98-4 WITH FINDINGS FOR APPROVAL AND FORWARD THE
DRAFT ORDINANCE TO THE CITY COUNCIL FOR ADOPTION CARRIED BY THE
FOLLOWING VOTE:
AYES: CHAPMAN, LIVENGOOD, KERINS, SPEAKER, LAIRD
NOES: BIDDLE, MANDIC
ABSENT: NONE
ABSTAIN: NONE
MOTION PASSED
IN ADDITION, THE PLANNING COMMISSION IS FORWARDING SEVERAL MINUTE
ACTION RECOMMENDATIONS TO THE CITY CQ,I NCIL FOR,.ONSIDERAT�ION-
APPR,.OYH L. OX rh15 COf1S7?9-1- COPY M S' W r ad y"0j � �N i4 fhQ Or +rl([17ct
y-o Sint Co ashx! Cnmrnisrien f, Yv✓A-L ItXt s"f ]�GCoun� l ul �h ,o/ccn hulat' ✓2
1. The ordinance shall not-become effective unti 's Code enforcemenf'officer is'
isi '
to work Friday through Sunday during the hours of operation for alcohol service
within outdoor diVj3
areas.
APP,e v v�D d ve+2, Cle ems/,00-A'/ftn/ 46)
2. The City Council shall adopt a zero tolerance policy regarding enforcement of the
proposed ordinance and revoking of the license agreement for any violations of the
proposed ordinance.
f 6P"VED `7-D
3. The ordinance shall be reviewed following the summer of 2000 (Labor Day) by staff,
Planning Commission and the City Council to evaluate whether operation of outdoor
dining with alcohol should continue.
�}�l�iip4nfO 7 a
PL99-50 -2- July 26, 1999 1:41 PM
REQUEST FOR ACTION
MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL99-50
4. All license agreements shall be reviewed and renewed at the same time annually by
staff.
RPl,,ou vt,o -7- O
CV an 49q C001?C1
6. The City Council shall evaluate the possibility of forming a Business Improvement
District (BID) to enable the businesses to maintain the outdoor dining areas and
provide a method of equally distributing enforcement costs amongst the outdoor
(Wing establishment I e. sidewalk cl aning).
/aPPRd✓C D (o-1 ,5dl/i✓ern/ /Vd))
7. This license agreement is a privilege, not a right to be granted to everyone, and
sp ould be ba ed on th applicant's past history and performance.
✓��
Alternative ction(s):
The City Council may make the following alternative motion:
1. "Continue Zoning Text Amendment No. 98-4 and direct staff accordingly."
2. "Deny Zoning Text Amendment No. 98-4 with findings for denial."
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
Location: Downtown Specific Plan
Zoning Text Amendment No. 98-4, is a request to amend Section 4.2.33 of the Downtown
Specific Plan to permit the consumption of alcoholic beverages on public property where
outdoor dining is permitted. Included in the ordinance are minor administrative changes to
update the code section along with modifications to differentiate between outdoor dining
establishments and those that serve alcohol only. The modifications are reflected in the
legislative Draft Ordinance (ATTACHMENT NO. 6).
As part of the review process, a series of standard conditions of approval have been drafted
to address compatibility and enforcement concerns and are included as an exhibit to the
draft license agreement. These standard conditions are where the staff recommendation
and the Planning Commission recommendation differ. The Planning Commission and staff
are in agreement on the recommendations on the draft ordinance and license agreement.
PL99-50 -3- July 26, 1999 1:41 PM
REQUEST FOR ACTION
MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL99-50
Finally, necessary amendments to the Municipal Code to permit the consumption of alcohol
on public property must also be approved and adopted by ordinance.
In addition to the following discussion, a detailed account of the issues are provided in the
Planning Commission staff report dated June 22, 1999 (ATTACHMENT NO. 7), and the
issues matrix compiled by the Planning Commission sub-committee (ATTACHMENT NO. 8).
History
As part of the City's commitment to address the needs and concerns of the public,
Downtown Merchants Association and the Downtown Residents Association, the City
Council formed the Downtown Council Subcommittee (DTCSC) in May 1996. The
subcommittee meets monthly to assist these groups and other interested parties within the
downtown area. A common theme of these meetings has been the desire of the City to
attract a clientele consistent with the redevelopment of the downtown area. The potential to
allow alcoholic beverages in outdoor dining areas is one of the methods the committee
believes will assist in achieving this goal.
The issue of alcohol and outdoor dining began discussions at the subcommittee during the
spring of 1997. Resultant from these meetings and at the direction of the DTCSC in July
1997, staff prepared modifications to the Downtown Specific Plan to permit the consumption
of alcoholic beverages in conjunction with outdoor dining on public property. The
subcommittee and interested parties continued to discuss the issues for one year. During
this period the draft ordinance was distributed to all departments and interested parties for
comments. Subsequently, several meetings were conducted to discuss the changes to the
ordinance and to solicit additional comments. Attending each meeting were representatives
from the Planning, Police, and Public Works Departments, as well as representatives from
the public, the Downtown Merchants Association and the Downtown Residents Association.
After several meetings, it was apparent that all involved departments and associations
would differ on select issues. The City filed an application in July 1998 and the formal
processing began. The issues are discussed below:
Downtown Merchants Association Recommendations
Representatives from the Downtown Merchants Association, as well as various restaurant
and business owners from the downtown area were involved in the development of the
modifications to the outdoor dining ordinance. A representative of the Downtown
Restaurant Association provided comments to the Planning Commission on June 22, 1999.
The following is a summary of their comments:
1. Permit outdoor dining to take place under the current location criteria.
2. Reduce enclosure height to a minimum of 40 inches in height and allow the business
owners and the Design Review Board to design the enclosures.
PL99-50 -4- July 26, 1999 1:41 PM
REQUEST FOR ACTION
MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL99-50
3. Eliminate the requirement of posting a cash bond to remove the outdoor dining
equipment from the public right of way. Instead, required the enclosures to be more
easily removed.
4. Allow the on-site supervisor to be a roaming supervisor both inside and outside the
outdoor dining area, not permanently within the outdoor dining area.
5. Allow alcohol to be served in glass or plastic containers with no imprinting on the
glasses.
Of these recommendations, the Planning Commission took the following action: #1 was
approved, #2 was modified to be no less than 36 inches and no more than 40 inches, #'s 3
& 4 were also approved, and #5 was deleted as a proposed condition of approval. The
complete list of comments from the Downtown Restaurant Association is also included for
your reference (ATTACHMENT NO. 9).
Downtown Resident Association Recommendations
The Downtown Residents Association has stated that they are in opposition to the proposed
modifications to the outdoor dining ordinance. Generally, the concerns of the residents are
similar to those of the Police Department. However, the residents have provided several
recommendations if the amendment is to go forward. They are as follows:
1. They feel that the outdoor dining enclosure should be a minimum of six (6) feet high.
Planning Commission recommends minimum 36, maximum 40"high enclosure.
2. A minimum food purchase of$5.00 should be required.
Planning Commission does not support. Only "Bona Fide" eating establishments
should be permitted to have outdoor dining with alcohol (ATTACHMENT NO. 10).
3. All alcohol should be removed at 10.00 p.m.
Planning Commission supports.
4. Outdoor dining with alcohol should only be permitted if the outdoor dining area is
contiguous to the building.
Planning Commission does not support. Outdoor dining with alcohol should be
permitted under current requirements.
PL99-50 -5- July 26, 1999 1:45 PM
REQUEST FOR ACTION
MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL99-50
Of these recommendations, the Planning Commission has recommended that the outdoor
dining areas be permitted to serve alcohol in their current location and configuration (#4)
and the enclosure height be no less than 36 inches and no more than 40 inches (#1).
Recommendation #3 is incorporated into the conditions of the license agreement. With
respect to the minimum food purchase (#2), not only would the amount of the required food
purchase require continual amendments to the ordinance to reflect inflation, but it is not
seen as a viable method to achieve the residents goal of preventing individuals who only
wish to get intoxicated from congregating in the outdoor dining areas. The Planning
Commission and staff recommend the requirement that only "Bona Fide" eating
establishments be eligible under this ordinance.
Police Department Recommendations
As a part of the numerous meetings conducted, the Police Department has indicated their
lack of support for the proposed modifications to the outdoor dining ordinance to permit the
consumption of alcohol on public property. Due to the current alcohol related problems
associated with the Downtown area, the Police Department does not wish to see additional
opportunities for alcohol consumption permitted. However, the Police Department offered
recommendations, some of which were incorporated into the final process, in the event that
the proposal was to move forward.
The Police Department has provided a list of all active ABC licensees within the Downtown
area (ATTACHMENT NO. 11). As of May 18, 1999, a total of 27 active locations exist. Of
these, 22 are eating establishments. Of the 22 eating establishments, 10 are located on the
street level and are classified as "Bona Fide" eating establishments by the ABC
(ATTACHMENT NO. 12). The remaining five establishments provide liquor for off-site
consumption. In preliminary discussions with the City Attorney's office, it is apparent that it
would be difficult to regulate the total number of liquor related establishments within the
Downtown area. In the event that the Council would like to limit the number of alcohol
related establishments, it would be appropriate to adopt an ordinance to that effect. With
the current City review process, each new application for an alcohol related establishment is
reviewed through the conditional use permit process, analyzing compatibility with adjacent
uses on a case by case basis.
The following matrix identifies the Police Department, Planning Commission and staff
recommendations:
PL99-50 -6- July 26, 1999 1:41 PM
REQUEST FOR ACTION
MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL99-50
ISSUE Planning Staff Police
Commission Recommendation Department
Recommendation Recommendation
1. Enclosure Variable height of 36" to 42" high 50" high
Height 40" high
2. Hours of Remove all alcohol at Remove all alcohol at Remove all alcohol at
Operation 10:00 p.m.; No alcohol on 10:00 p.m.; No alcohol 10:00 p.m.; No
July 4th on July 4th alcohol on July 4th
3. Location of Establishments would be Only establishments Only establishments
Outdoor permitted to serve alcohol with outdoor dining with outdoor dining
Dining within outdoor dining areas contiguous to areas contiguous to
areas in conformance with the indoor dining area the indoor dining area
the existing standards. would be eligible. would be eligible.
4. Purchase Only Bona Fide eating Only Bona Fide eating Provide a definition of
of food with establishments would be establishments would what constitutes a
beverage eligible. be eligible. meal and limit the
amount of alcohol to
be consumed with
each meal.
5. Alcohol No requirement specified. Require that Require that
Containers containers to serve containers to serve
alcohol be made of alcohol be made of
glass with the glass with the
establishment name establishment name
imprinted on each imprinted on each
glass. glass.
PL99-50 -7- July 26, 1999 1:41 PM
REQUEST FOR ACTION
MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL99-50
ISSUE Planning Staff Police
Commission Recommendation Department
Recommendation Recommendation
MIENIMMEM
6. Outdoor Eliminate the No recommendation No recommendation
Dining for bars allowance for drinking
establishments (bars)
to provide outdoor
dining
7. Requirements Require a conditional Require a conditional No recommendation
for businesses use permit (CUP) and use permit (CUP) and
to provide license agreement. license agreement.
outdoor dining
8. Maintenance Require monthly steam Require monthly steam No recommendation
of outdoor cleaning or high cleaning or high
dining areas pressure water pressure water
cleaning of the outdoor cleaning of the outdoor
dining area. dining area.
B. PLANNING COMMISSION MEETINGS AND RECOMMENDATIONS:
On February 9, 1999, the Planning Commission held a public hearing to discuss the
proposed amendments to the Downtown Specific Plan. At that time, the Commission
established a sub-committee, consisting of three Commissioners, to review the draft
ordinance and provide recommendations to the Commission. At the May 25, 1999 Planning
Commission meeting, the sub-committee presented their recommendations to the
Commission and a second public hearing was held. Several recommendations were made
that required further analysis by staff, and the item was continued to the meeting of June 22,
1999. At the June 22, 1999 public hearing, the Commission recommended that the City
Council approve the draft Ordinance and the draft License Agreement. The Commission's
action included changes to the draft Ordinance, draft License Agreement as well as several
minute actions. The recommended action requires a Conditional Use Permit with a public
PL99-50 -8- July 26, 1999 1:41 PM
REQUEST FOR ACTION
MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL99-50
hearing to permit the consumption of alcohol on public property but utilizes the License
Agreement as the primary regulatory document. The standard conditions of approval,
included as Exhibit B of the license agreement, will also be included within the conditions of
approval for the conditional use permit. Additional detail is provided in the preceding matrix.
The minute actions are detailed below:
Minute Actions:
In addition to the legislative action, the Planning Commission is recommending several
measures for consideration by the City Council that are supported by staff. They include the
following:
1. The ordinance shall not become effective until a code enforcement officer is funded to
work Friday through Sunday during the hours of operation for alcohol service within
outdoor dining areas.
2. The City Council shall adopt a zero tolerance policy regarding enforcement of the
proposed ordinance and revoking of the license agreement for any violations of the
proposed ordinance.
3. The ordinance shall be reviewed following the summer of 2000 (Labor Day) by staff,
Planning Commission and the City Council to evaluate whether operation of outdoor
dining with alcohol should continue.
4. All license agreements shall be reviewed and renewed at the same time annually by
staff.
5. All establishments which serve alcohol outdoors on public property shall pay a pro-
rated share of the cost of enforcement to regulate the outdoor dining areas, based on
the area leased by the establishment.
6. The City Council shall evaluate the possibility of forming a Business Improvement
District (BID) to enable the businesses to maintain the outdoor dining areas and
provide a method of equally distributing enforcement costs amongst the outdoor dining
establishments (i.e. sidewalk cleaning).
7. This license agreement is a privilege, not a right to be granted to everyone, and should
be based on the applicant's past history and performance.
PL99-50 -9- July 26, 1999 1:41 PM
REQUEST FOR ACTION
MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL99-50
C. STAFF ANALYSIS AND RECOMMENDATION:
As identified in the preceding matrix, staff's recommendation differs slightly from the
Planning Commission. The differences are as follows:
1. The enclosure height should be 42 inches in height consistently throughout outdoor
dining areas with alcohol service (P.C. recommends a variable height of no less than 36
inches, no more than 40 inches).
2. The outdoor dining areas should be adjacent to the building (P.C. recommends that the
outdoor dining service with alcohol be permitted in the current locations).
3. The containers used to serve alcohol shall be made of glass with the establishment
name imprinted on each glass (P.C. deleted this requirement).
It is recommended by staff that all establishments that wish to serve alcohol outdoors on
public property must provide their outdoor dining area directly adjacent to the building. The
majority of the establishments with outdoor dining currently provide the outdoor dining area
in a location that is not contiguous to the building (ATTACHMENT NO. 13). In most
circumstances, a public sidewalk separates the outdoor dining area from the indoor dining
area. As such, it would be necessary for the servers to cross the public sidewalk with open
alcoholic beverages in the event that the existing configuration was to remain. As it is
currently prohibited to possess open alcoholic beverages on public property, this
configuration is not deemed optimal. Staff is proposing that only establishments with the
outdoor dining area contiguous to the indoor dining area would be eligible under this
ordinance. Therefore, a redesign of the current outdoor dining configuration would be
necessary to permit the existing businesses with non-contiguous patios to serve alcoholic
beverages outdoors. In response to this, the Public Works Department has provided a
conceptual plan for the west side of the second block as an example of what that
configuration may look like (ATTACHMENT NO. 14). In the event that the ordinance is
approved, the Public Works and Planning Departments would work closely with the
merchants to determine the most optimal configuration to provide the outdoor dining
contiguous to the interior dining area, while maintaining the appropriate public access.
D. MUNICIPAL CODE REVISIONS
The Municipal Code currently prohibits the consumption of alcohol on public property. The
City Attorney's office has prepared revisions to the Municipal Code to permit the
consumption of alcohol on public property in conjunction with a conditional use permit
(ATTACHMENT NO. 4).
PL99-50 -10- July 26, 1999 1:41 PM
REQUEST FOR ACTION
MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PL99-50
E. GENERAL PLAN CONFORMANCE:
The proposed zoning text amendment is consistent with the City's General Plan, and the
following goals and objectives of the Land Use Element:
LU 10.1.17 Require the inclusion of uses and elements that contribute amenities for
visitors.
LU 10.1.19 Require that visitor serving commercial developments be designed to
reflect and be compatible with their setting and/or function.
LU 11 Achieve the development of projects that enable residents to live in
proximity to their jobs, commercial services, and entertainment, and
reduce the need for automobile use.
LU 11.1.7 Require that mixed-use development projects be designed to achieve a
consistent and high quality character, including the consideration of the
visual and physical integration among the commercial and residential
uses.
F. SUMMARY
Staff recommends the City Council approve Zoning Text Amendment No. 98-4 as
recommended by staff for the following reasons:
The proposed zoning text amendment provides specific standards and procedures for
consumption of alcoholic beverages in conjunction with outdoor dining within the
Downtown Specific Plan.
The zoning text amendment will contribute to the atmosphere and ambiance of the
Downtown area by attracting a clientele consistent with the redevelopment of the
downtown.
The proposed zoning text amendment will not adversely impact the City's review and
public hearing process.
The proposed zoning text amendments are consistent with the goals and policies
specified in the Land Use Element of the General Plan.
Environmental Status:
The proposed zoning text amendment is categorically exempt pursuant to City Council
Resolution No. 4501, Class 20 which supplements the California Environmental Quality Act.
PL99-50 -11- July 26, 1999 1:41 PM
ATTACHMENT NO. 1
FINDINGS FOR APPROVAL
ZONING TEXT AMENDMENT NO. 98-4
FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 98-4:
1. Zoning Text Amendment No. 98-4 to permit the consumption of alcohol on private property
within the Downtown Specific Plan zoning district is consistent with the goals and policies
contained in the City's General Plan. The amendment is consistent with the objectives,
policies, general land uses and programs specified in the Land Use and Economic
Development Elements of the General Plan, including the requirement that development be
designed to account for the unique characteristics of project sites and objectives for
community character. The proposed code amendment will provide specific requirements for
permitting the consumption of alcoholic beverages on public property wherein it is leased to
a private individual or establishment for the purposes of providing outdoor dining.
2. In the case of a general land use provision, the change proposed is compatible with the uses
authorized in, and the standards prescribed for, the zoning district for which it is proposed.
The proposed amendment addresses the Downtown Specific Plan area only, permitting
commercial dining establishments to serve alcohol in conjunction with outdoor dining with
conditional use permit approval.
3. A community need is demonstrated for the change proposed. The City Council and Planning
Commission have recognized the need to attract a more viable clientele to the Downtown
area without jeopardizing the existing uses and character of downtown Huntington Beach.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice. The amendment will permit the consumption of alcohol in conjunction with outdoor
dining for bona fide dining establishments, while protecting the general welfare of persons
working and residing within the Downtown Specific Plan zoning district.
ATTACHMENT 2
ORDINANCE NO. 3433
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
AMENDING THE DOWNTOWN SPECIFIC PLAN
BY AMENDING SECTION 4.2.33 THEREOF ENTITLED
"OUTDOOR DINING"
WHEREAS, the City Council of the City of Huntington Beach has previously adopted the
Downtown Specific Plan; and
Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning
Commission and Huntington Beach City Council have held separate, duly noticed public hearings to
consider amending Section 4.2.33 of the Downtown Specific Plan, entitled"Outdoor Dining"; and
After due consideration of the findings and recommendations of the Planning Commission and
all other evidence presented, the City Council finds that the aforesaid amendment is proper and
consistent with the General Plan,
NOW,THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as
follows:
SECTION 1. That Section 4.2.33 of the Downtown Specific Plan, entitled "Outdoor Dining,"
is hereby amended to read as set forth in the document attached hereto as Exhibit "A," which document
is incorporated by this reference as though fully set forth herein.
SECTION 2. This ordinance shall become effective 30 days after its adoption, or upon
certification of the California Coastal Commission, whichever occurs later.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of st 1999.
\\�)-ZQZ—hA 0 1
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk J,-/ City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City A ministrator Director of nning
ord/j mf/jn/outdobd07/01/99
Ord. No. 3433 Exhibit A
AMENDMENT
DOWNTOWN SPECIFIC PLAN
OUTDOOR DINING W/ALCOHOL
June 30, 1999
4.2.33 Outdoor dining: Outdoor dining on public or private property may be permitted
subject to conditional use permit approval by the Zoning Administrator and
compliance with this Section.
(1) Location and design criteria.
Outdoor dining shall conform to the following location and design criteria:
a. The outdoor dining shall be an extension of an existing or proposed
eating establishment on contiguous property.
b. Outdoor dining located on the sidewalk area of the public right=of-
way shall be limited to commercial areas within the Downtown
Specific Plan.
C. Outdoor dining located on the sidewalk area of the public right-of-
way of the first block of Main Street and Pacific Coast Highway
within District 3 and on the Municipal Pier shall provide a minimum
ten (10) foot clear passage area or pedestrian access. Outdoor dining
located on the sidewalk area of the public right-of-way and on all
other areas shall provide a minimum eight(8) foot clear passage area
for pedestrian access. A wider clear passage area may be required at
the discretion of the Zoning Administrator.
d. No outdoor dining shall be allowed in mini-parks,publicly owned
plazas, or beach areas excluding concessiorf carts with no seating.
e. Outdoor dining establishments which do not serve alcohol and are
located on public property shall be separated from the clear passage
area on the public sidewalk and/or pedestrian walkway by a
temporary cordon and removed when not in use.
f. All tables, chairs, and umbrellas of outdoor dining located on public
property shall be removed when not in use.
g. Outdoor dining on private sidewalk areas shall provide a minimum
eight (8) foot clear passage area for pedestrian access or a permanent
cordon shall surround the outdoor dining area and a minimum five
(5) foot clear passage area shall be provided.
h. At street intersections, the triangular area formed by measuring 25
feet along the curb lines, shall be clear passage area.
i. Temporary,mobile or free-standing food service providers are not
eligible under these provisions.
jmfljn/ordinance/outdine/07/01/99 1
Ord. No. 3433 Exhibit A
(2) Operating requirements, provisions, and conditions.
a. A License Agreement including use fees shall be obtained from the
City for outdoor dining located on public property. The License
Agreement shall be subject to termination at any time upon a 10 day
prior written notice upon determination of the Zoning Administrator
that one or more of the conditions or provisions of this Section
4.2.33 have been violated or that one or more factors listed in
Subsection (5)below have changed and the permitted use is no
longer compatible with the intended use of the public right-of-way or
public property. Termination of a License Agreement shall nullify
the conditional use permit.
b. The applicant shall enter into a Maintenance Agreement with the
City for maintenance of all portions of the public property used and
approved by the Zoning Administrator for the outdoor dining. Said
agreement shall be submitted to and approved by the Department of
Public Works prior to commencement of the use.
C. All outdoor dining operators shall provide a public liability
insurance policy as specified in all current insurance resolutions.
Such liability insurance shall be provided in a form acceptable to the
City Attorney. The policy shall name the City of Huntington Beach
as an additional insured and shall be maintained at all times.
d. No food or beverages of any nature shall be sold to any occupant or
rider of any motor vehicle or bicycle.
e. The applicant(or operator) shall pay all fees and deposits required
by the Huntington Beach Municipal Code, including the fee
established for use of public property,prior to operation of the
outdoor dining use.
f. All provisions of the Huntington Beach Municipal Code and Zoning
and Subdivision Ordinance shall apply.
g. Alcoholic beverages may be served on public and/or private
property subject to the provisions provided herein.
h. The conditional use permit may be transferred upon sale or transfer
of the restaurant subject to a written request approved by the Zoning
Administrator and the property owner. An amendment to the
License Agreement will be required prior to transfer of the
conditional use permit for outdoor dining on public property. A
conditional use permit transfer or License Agreement renewal or
amendment may be denied if one or more of the factors listed in
Subsection(5)have changed and the permitted use is no longer
compatible with the intended use of the public right-of-way.
jmf/jn/ordinance/outdine/07/01/99 2
Ord. No. 3433 Exhibit A
(3) Parking.
Parking shall comply with the Huntington Beach Zoning and Subdivision
Ordinance or the Downtown Parking Master Plan; however, no parking
spaces shall be required for the outdoor dining portion of the restaurant if
the outdoor dining area does not exceed the following:
Total Restaurant Area Outdoor Dining Area
1) 1,200 sq. ft. or less with: Maximum 5 tables
and 20 seats
2) greater than 1,200 sq. ft. with: Maximum of 20%of
the restaurant area,
not to exceed 400 sq. ft.
Any outdoor dining area which exceeds these standards shall provide
100% of the required parking for the entire area.
(4) Enforcement.
Enforcement of this Section 4.2.33 shall be by the Community
Development Director or his/her designee.
Any outdoor dining use within the Downtown Specific Plan that has been
established without prior conditional use permit approval must obtain a
conditional use permit and if located on public property, a License
Agreement within 90 days following the effective date of this ordinance.
Any establishment that plans to serve alcoholic beverages in an outdoor
dining area must obtain a new conditional use permit and a new License
Agreement from the City.
(5) Necessary Findings
In order to approve outdoor dining the Zoning Administrator shall make
the following findings:
a. The sidewalk's public use,pedestrian, transit and business
services including but not limited to loading zones, bus stops,
public phones, and benches, are not restricted.
b. Building entryways are not obstructed.
C. Pedestrian traffic volumes are not inhibited.
d. Handicapped accessibility is provided where required.
jmfljn/ordinance/outdine/07/01/99 3
Ord. No. 3433
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 the 2nd day of August, 1999, and was again read
to said City Council at a regular meeting thereof held on the 16th day of
August, 1999, and was passed and adopted by the affirmative vote of at least a majority
of all the members of said City Council.
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway 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 Independent on
,19
In accordance with the City Charter of said City City Clerk and ex-officio C erk
Connie Brockway City Clerk of the City Council of the City
Deputy city Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
8(18/99
ATTACHMENT 3
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY
Table of Contents
1 Permission.............................................................................................................1
2 Term;Fees and Charges........................................................................................1
3 Indemnification, Defense, Hold Harmless ..............................................................2
4 Workers' Compensation Insurance.........................................................................2
5 Insurance...............................................................................................................2
6 Certificates of Insurance; Additional Insured Endorsement ....................................3
7 Release.................................................................................................................4
8 Waste....................................................................................................................4
9 Maintenance..........................................................................................................4
10 Control of Equipment; Animals ............................................................................5
11 Independent Contractor........................................................................................5
12 No Assignment.....................................................................................................5
13 No Title Interest...................................................................................................6
14 Notices.................................................................................................................6
15 No Discrimination................................................................................................6
16 Attorney Fees......................................................................................................7
17 Entirety................................................................................................................7
g:4:99agrecoutdoor
r1s 99-217
Revised 07/01/99
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY
This agreement is made and entered into on this day of , 199_, by
and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY," and
hereinafter referred to as "LICENSEE."
WHEREAS, LICENSEE has applied to CITY for permission to encroach into the public
right of way adjoining LICENSEE'S property, for the purpose of seating additional restaurant
patrons therein; and
CITY desires to allow such encroachment; and
The parties wish to enter into an agreement defining their respective rights and
responsibilities concerning said encroachment,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. PERMISSION
Permission is hereby given to LICENSEE to enter upon and use the public right of
way as depicted in the map attached hereto as Exhibit "A" (hereinafter referred to as the"Public
Right of Way") for the purpose of providing additional, temporary seating and tables for
LICENSEE'S restaurant patrons. LICENSEE agrees to remove and replace such seating and
tables each day, so that the seating and tables will not be stored or kept in the Public Right of
Way overnight. Alcohol may be served pursuant to the terms of an approved Conditional Use
Permit, and in conjunction with those requirements attached hereto as Exhibit`B." This License
is non-exclusive, and the Public Right of Way shall at all times remain open for use by the public.
1
GA99AgrecOutdoor
Rls 99-217
Revised: 07/01/99
2. TERM:FEES AND CHARGES
The term of this License is one year. Either party may cancel this License upon 10
days written notice to the other party. In consideration of this License, LICENSEE agrees to pay
to CITY an application fee, a use charge, and an inspection fee in the following amounts:
a) Application Fee: Thirty Dollars($30.00) one time fee.
b) Use Charge: One Cent ($0.01) per square foot of public right of way
encroached upon, for a total use charge of ($ ) per year.
c) Inspection Fee: Three Hundred Dollars($300.00) per year.
3. INDEMNIFICATION DEFENSE HOLD HARMLESS
LICENSEE hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs
and demands, however caused, including those resulting from death or injury to LICENSEE'S
employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of
License herein contained, including those arising from the passive concurrent negligence of CITY,
but save and except those which arise out of the active concurrent negligence, sole negligence, or
the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and
expense.
4. WORKERS' COMPENSATION INSURANCE
Pursuant to the California Labor Code Section 1861, LICENSEE acknowledges
awareness of Section 3700 et seq. of said code, which requires every employer to be insured
against liability for workers' compensation;LICENSEE covenants that it will comply with all such
laws and provisions prior to the encroachment into the Public Right of Way pursuant to this
license.
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LICENSEE shall maintain such Workers' Compensation Insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee,
and Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit, at all
times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY.
5. INSURANCE
LICENSEE shall carry at all times incident hereto, on all activities to be performed
in the Public Right of Way as contemplated herein, general liability insurance, including coverage
for bodily injury, and property damage. All insurance shall be underwritten by insurance
companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers, agents
and employees and all public agencies as determined by the CITY as Additional Insureds.
LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during
the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000)
combined single limit coverage. If coverage is provided under a form which includes a designated
general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the
event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion
of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY and
agrees to provide certificates evidencing the same.
6. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENT
Prior to the encroachment into the Public Right of Way pursuant to this license,
LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City
Attorney evidencing the foregoing insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each carrier and policy, and shall state
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Rls 99-217
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that the policy is currently in force and shall promise to provide that such policies will not be
canceled without thirty(30) days prior written notice to CITY. LICENSEE shall maintain the
foregoing insurance coverages in force until this Agreement is terminated.
The requirement for carrying the foregoing insurance shall not derogate from the
provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its
representative shall at all times have the right to demand the original or a copy of all said policies
of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance
hereinabove required.
A separate copy of the additional insured endorsement to each of LICENSEE'S
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to the encroachment into the Public Right of
Way pursuant to this License.
7. RELEASE
LICENSEE hereby releases and forever discharges CITY of and from any and all
claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may
hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE
onto the Public Right of Way. This is a complete and final release and shall be binding upon
LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use
of the Public Right of Way. LICENSEE hereby expressly waives any rights under or benefit of
any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this
release nor any payment made hereunder shall constitute any admission of any liability of CITY.
8. WASTE
LICENSEE shall not alter, damage or commit any kind of waste upon the Public
Right of Way or any improvement, equipment or personal property thereon and shall not interfere
4
GA99Agree:Outdoor
Ris 99-217
Revised: 07/01/99
in any manner with the operations or activities of CITY. LICENSEE shall make no change in the
use of the Public Right of Way nor shall the design of the Public Right of Way be changed other
than as authorized herein without prior written consent of CITY. LICENSEE shall not cause any
workmen's or materialmen's liens to be placed upon the Public Right of Way and agrees to
indemnify and hold CITY harmless against any such liens including but not limited to the payment
of attorneys'fees.
9. MAINTENANCE
LICENSEE agrees to care for and maintain the Public Right of Way in good and
satisfactory condition as acceptable to the City. Maintenance shall include daily cleaning of the
Public Right of Way including but not limited to removal of all rubbish, food stuffs, paper, bottles,
cans, gum, cigarettes, animal litter, dirt and sand. At the end of each business day, any and all
furniture, fixtures or other items, permitted and used in the operation of the business shall be
removed from the Public Right of Way. Such items shall not be returned to the Public Right of
Way until the beginning of the next business day. Steam cleaning or high pressure water cleaning
of the Public Right of Way, including the sidewalk, curb and gutter shall be accomplished no less
than once each month or as otherwise directed by the CITY.
In the event LICENSEE does not maintain the Public Right of Way in a
satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S
behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to
the LICENSEE. LICENSEE agrees to pay such costs within ten (10) days of billing.
In the event any damage is caused to the Public Right of Way, including any
damage to the brick pavers, hardscape, sidewalks, curb, planters, bollards, landscape, irrigation
include but not be limited to system, street light, street or other utilities improvements, as a result
of the encroachment authorized hereunder, LICENSEE agrees to repair same at its own expense.
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Rls 99-217
Revised: 07/01/99
In the event LICENSEE does not comply with all conditions of approval required
by the Conditional Use Permit and relevant Downtown Specific Plan and Downtown Guidelines,
Huntington Beach Municipal Code Section 7.12.05 and other applicable Huntington Beach
Municipal Code Sections, as determined by the Community Development Director, the License
may be canceled on 10 days written notice from CITY to LICENSEE.
10. CONTROL OF EQUIPMENT; ANIMALS
LICENSEE shall keep any equipment used or brought onto the Public Right of
Way under its absolute and complete control at all times and said equipment shall be used on the
Public Right of Way at the sole risk of LICENSEE. LICENSEE shall allow no animals, with the
exception of seeing-eye dogs, within the outdoor dining area.
11. INDEPENDENT CONTRACTOR
LICENSEE agrees that all work done or undertaken by it on the Public Right of
Way shall be for its sole account and not as an agent, servant or contractor for CITY.
LICENSEE agrees to indemnify and hold CITY and the Public Right of Way harmless from and
against all claims or liens of workmen and materialmen.
12. NO ASSIGNMENT
LICENSEE agrees that the permission herein extended shall be personal to it and
that it shall not assign or permit any third party to avail itself of any of the privileges granted
hereunder, without the express written permission of CITY.
13. NO TITLE INTEREST
No title interest of any kind is hereby given and LICENSEE shall never assert any
claim or title to the Public Right of Way.
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Revised: 07/01/99
14. NOTICES
All notices given hereunder shall be effective when personally delivered or if
mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and
certified with return receipt requested and addressed to LICENSEE or to CITY at the respective
addresses shown below:
CITY: LICENSEE:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
15. NO DISCRIMINATION
LICENSEE agrees that in performance of this Agreement and in the use of the
Public Right of Way authorized hereunder, it will not engage in, nor permit its officers, agents or
employees to engage in, any discrimination or discriminatory practices against any person based
on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition,
marital status or gender.
16. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
The prevailing party shall not be entitled to recover its attorney's fees.
REST OF PAGE INTENTIONALLY LEFT BLANK
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16. ENTIRETY
This Agreement contains the entire agreement between the parties. This
Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed
upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
LICENSEE: CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
print name
ITS: (circle one)Chairman/President/Vice President
Director of Public Works
By:
print name APPROVED AS TO FORM:
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary-Treasurer
City Attorney
REVIEWED AND APPROVED:
City Administrator
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Rls 99-217
Revised: 07/01/99
EXHIBIT A ,' '
EXHIBIT A
"PUBLIC RIGHT OF WAY"
TO BE PROVIDED AT TIME OF CUP APPROVAL
', EXHIBIT B
EXHIBIT B
LICENSE AGREEMENT -OUTDOOR DINING W/ALCOHOL
STANDARD CONDITIONS
Planning Commission Recommendation
a. Only establishments that are established as a "Bona fide public eating place", as
defined by Section 23038 of the Alcoholic Beverage Control Act, shall be
permitted to serve alcoholic beverages outdoors in accordance with Section 4.2.33
of the Downtown Specific Plan.
b. Serving of alcoholic beverages shall not commence prior to 11:00 a.m. daily. The
latest hour for serving alcoholic beverages and food in the outdoor dining area is
9:30 P.M., or no later that the closing of the associated food service of the
establishment, whichever is first. All alcoholic beverages must be removed from
the outdoor dining area no later than 10:00 P.M, or no later than the closing of the
associated food service of the establishment, whichever is first.
c. All servers employed in serving alcoholic beverages within outdoor dining areas
shall undergo Licensee Education on Alcohol and Drugs (L.E.A.D.) training by
the Department of Alcoholic Beverage Control. The business owner shall submit
proof to that effect to the Planning Department prior to the initial establishment of
alcohol service outdoors and on a quarterly basis for new employees hired within
the previous three months.
d. Establishments which serve alcoholic beverages outdoors are required to provide
a physical barrier no less than 36 inches in height, and no more than 40 inches
in height, surrounding the outdoor dining area that will prohibit passing of
alcohol through the barrier.
e. Barriers located on private property in accordance with this Chapter as required
for serving alcohol outdoors shall be permanently installed. Barriers located on
public property as required for serving alcohol outdoors shall be designed to be
removable in the event that it is deemed necessary.
f. Restaurants that provide outdoor dining with alcohol service on public property
shall post a cash bond, of an amount determined appropriate by the Planning
Director, to ensure removal of the outdoor dining enclosure.
g. Restaurant management is responsible for running and operating the outdoor
dining area.
h. Outdoor dining areas shall be continuously supervised by management or
employees of the establishment. Food establishments serving alcoholic beverages
must have a supervisor on site at all times. Behavior that disturbs customers or
passerby will not be tolerated and constitutes a violation of these provisions.
i. No servers shall be permitted to serve any food or beverage item from outside the
barriers as required by this Section 4.2.33.
1
EXHIBIT B
LICENSE AGREEMENT -OUTDOOR DINING W/ALCOHOL
STANDARD CONDITIONS
Planning Commission Recommendation
j. Outdoor dining patios are for sit down food and beverage service only; no stand
up, walk-up or pick-up service is permitted.
k. No signs may be placed on or secured to any barrier.
1. There shall be no alcohol served outdoors on July 41n
m. All outdoor dining sites must be handicapped accessible.
n. At the termination of the License Agreement, the outdoor dining barriers must be
removed and the sidewalk returned to its original condition.
o. A review of the use shall be conducted by the Staff within six (6) months of the
issuance of the conditional use permit to verify compliance with all conditions of
approval and applicable Chapters of the Huntington Beach Zoning & Subdivision
Ordinance (HBZSO). If the six(6) month review determines any violations of the
conditions of approval or any applicable Chapters of the HBZSO or Huntington
Beach Municipal Code, the conditional use permit shall be scheduled for a
revocation hearing before the Zoning Administrator. At that time the Zoning
Administrator may revoke the conditional use permit or consider modifications to
the conditions of approval.
p. Any violation of any condition of the applicable Conditional Use Permit, the
Huntington Beach Municipal Code, or the Zoning and Subdivision Ordinance,
shall be grounds for initiation of the revocation process for the Conditional Use
Permit, and/or License Agreement.
2
ATTACHMENT 4
ORDINANCE NO. 3434
A ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING SECTION 9.44.010 THEREOF
RELATING TO DRINKING ALCOHOL IN PUBLIC PLACES
The City Council of the City of Huntington Beach does hereby ordain as follows:
1. That the Huntington Beach Municipal Code is hereby amended by amending
Section 9.44.010 thereof, entitled "General: Drinking in public places,"to read as follows:
9.44.010 General: Drinking in public places. No person shall drink any malt,
spirituous or vinous liquor containing more than one-half of 1 percent of alcohol by
volume,upon any public streets, alleys, sidewalks,parkways,playgrounds,parking
lots open to the public,public parks,public school grounds, and public recreation
areas within this city,unless such person is on any place for which a conditional use
permit or special permit has been issued by the City of Huntington Beach permitting
alcohol consumption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of August , 1999
I ��t S_4�
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk 01I Z311 City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
R�t7 --d 4WWy ;.-7t�
City Administrator Direct f P g
4-990rdinances; Alco-ord
RLS 99-060
2/23/99 T
Ord. No. 3434
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 regul meeting thereof held on the 2nd day of August, 1999, and was again read
to said City Council at a regular meeting thereof held on the 16th dam
August, 1999, and was passed and adopted by the affirmative vote of at least a majority
of all the members of said City Council.
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
ABSTAIN: None
[,Connie Brockway 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 Independent on
,19
In accordance with the City Charter of said City City Clerk and ex-officio Cl rk
Connie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
8/18/99
i ATTACHMENT 5
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY
Table of Contents
1 Permission.............................................................................................................1
2 Term;Fees and Charges........................................................................................1
3 Indemnification, Defense, Hold Harmless ..............................................................2
4 Workers' Compensation Insurance.........................................................................
5 Insurance...............................................................................................................2
6 Certificates of Insurance; Additional Insured Endorsement ....................................3
7 Release.................................................................................................................4
8 Waste....................................................................................................................4
9 Maintenance..........................................................................................................4
10 Control of Equipment; Animals ............................................................................5
11 Independent Contractor........................................................................................5
12 No Assignment.....................................................................................................5
13 No Title Interest...................................................................................................6
14 Notices.................................................................................................................6
15 No Discrimination................................................................................................6
16 Attorney Fees......................................................................................................7
17 Entirety................................................................................................................7
&4:99agrecoutdoor
rls 99-217
Revised 07/01/99
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY
This agreement is made and entered into on this day of , 199_, by
and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY," and
hereinafter referred to as "LICENSEE."
WHEREAS, LICENSEE has applied to CITY for permission to encroach into the public
right of way adjoining LICENSEE'S property, for the purpose of seating additional restaurant
patrons therein; and
CITY desires to allow such encroachment; and
The parties wish to enter into an agreement defining their respective rights and
responsibilities concerning said encroachment,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. PERMISSION
Permission is hereby given to LICENSEE to enter upon and use the public right of
way as depicted in the map attached hereto as Exhibit "A" (hereinafter referred to as the"Public
Right of Way") for the purpose of providing additional, temporary seating and tables for
LICENSEE'S restaurant patrons. LICENSEE agrees to remove and replace such seating and
tables each day, so that the seating and tables will not be stored or kept in the Public Right of
Way overnight. Alcohol may be served pursuant to the terms of an approved Conditional Use
Permit, and in conjunction with those requirements attached hereto as Exhibit`B." This License
is non-exclusive, and the Public Right of Way shall at all times remain open for use by the public.
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2. TERM; FEES AND CHARGES
The term of this License is one year. Either party may cancel this License upon 10
days written notice to the other party. In consideration of this License, LICENSEE agrees to pay
to CITY an application fee, a use charge, and an inspection fee in the following amounts:
a) Application Fee: Thirty Dollars ($30.00) one time fee.
b) Use Charge: One Cent ($0.01) per square foot of public right of way
encroached upon, for a total use charge of ($ ) per year.
c) Inspection Fee: Three Hundred Dollars ($300.00) per year.
3. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
LICENSEE hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs
and demands, however caused, including those resulting from death or injury to LICENSEE'S
employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of
License herein contained, including those arising from the passive concurrent negligence of CITY,
but save and except those which arise out of the active concurrent negligence, sole negligence, or
the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and
expense.
4. WORKERS' COMPENSATION INSURANCE
Pursuant to the California Labor Code Section 1861, LICENSEE acknowledges
awareness of Section 3700 et seq. of said code, which requires every employer to be insured
against liability for workers' compensation; LICENSEE covenants that it will comply with all such
laws and provisions prior to the encroachment into the Public Right of Way pursuant to this
license.
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Rls 99-217
Revised: 07/01/99
LICENSEE shall maintain such Workers' Compensation Insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee,
and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all
times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY.
5. INSURANCE
LICENSEE shall carry at all times incident hereto, on all activities to be performed
in the Public Right of Way as contemplated herein, general liability insurance, including coverage
for bodily injury, and property damage. All insurance shall be underwritten by insurance
companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers, agents
and employees and all public agencies as determined by the CITY as Additional Insureds.
LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during
the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000)
combined single limit coverage. If coverage is provided under a form which includes a designated
general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the
event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion
of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY and
agrees to provide certificates evidencing the same.
6. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENT
Prior to the encroachment into the Public Right of Way pursuant to this license,
LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City
Attorney evidencing the foregoing insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each carrier and policy, and shall state
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Rls 99-217
Revised: 07/01/99
that the policy is currently in force and shall promise to provide that such policies will not be
canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the
foregoing insurance coverages in force until this Agreement is terminated.
The requirement for carrying the foregoing insurance shall not derogate from the
provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its
representative shall at all times have the right to demand the original or a copy of all said policies
of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance
hereinabove required.
A separate copy of the additional insured endorsement to each of LICENSEE'S
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to the encroachment into the Public Right of
Way pursuant to this License.
7. RELEASE
LICENSEE hereby releases and forever discharges CITY of and from any and all
claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may
hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE
onto the Public Right of Way. This is a complete and final release and shall be binding upon
LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use
of the Public Right of Way. LICENSEE hereby expressly waives any rights under or benefit of
any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this
release nor any payment made hereunder shall constitute any admission of any liability of CITY.
8. WASTE
LICENSEE shall not alter, damage or commit any kind of waste upon the Public
Right of Way or any improvement, equipment or personal property thereon and shall not interfere
4
G*99Agree:Outdoor
Rls 99-217
Revised: 07/01/99
in any manner with the operations or activities of CITY. LICENSEE shall make no change in the
use of the Public Right of Way nor shall the design of the Public Right of Way be changed other
than as authorized herein without prior written consent of CITY. LICENSEE shall not cause any
workmen's or materialmen's liens to be placed upon the Public Right of Way and agrees to
indemnify and hold CITY harmless against any such liens including but not limited to the payment
of attorneys' fees.
9. MAINTENANCE
LICENSEE agrees to care for and maintain the Public Right of Way in good and
satisfactory condition as acceptable to the City. Maintenance shall include daily cleaning of the
Public Right of Way including but not limited to removal of all rubbish, food stuffs, paper, bottles,
cans, gum, cigarettes, animal litter, dirt and sand. At the end of each business day, any and all
furniture, fixtures or other items, permitted and used in the operation of the business shall be
removed from the Public Right of Way. Such items shall not be returned to the Public Right of
Way until the beginning of the next business day. Steam cleaning or high pressure water cleaning
of the Public Right of Way, including the sidewalk, curb and gutter shall be accomplished no less
than once each month or as otherwise directed by the CITY.
In the event LICENSEE does not maintain the Public Right of Way in a
satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S
behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to
the LICENSEE. LICENSEE agrees to pay such costs within ten (10) days of billing.
In the event any damage is caused to the Public Right of Way, including any
damage to the brick pavers, hardscape, sidewalks, curb, planters, bollards, landscape, irrigation
include but not be limited to system, street light, street or other utilities improvements, as a result
of the encroachment authorized hereunder, LICENSEE agrees to repair same at its own expense.
5
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Rls 99-217
Revised: 07/01/99
In the event LICENSEE does not comply with all conditions of approval required
by the Conditional Use Permit and relevant Downtown Specific Plan and Downtown Guidelines,
Huntington Beach Municipal Code Section 7.12.05 and other applicable Huntington Beach
Municipal Code Sections, as determined by the Community Development Director, the License
may be canceled on 10 days written notice from CITY to LICENSEE.
10. CONTROL OF EQUIPMENT;ANIMALS
LICENSEE shall keep any equipment used or brought onto the Public Right of
Way under its absolute and complete control at all times and said equipment shall be used on the
Public Right of Way at the sole risk of LICENSEE. LICENSEE shall allow no animals, with the
exception of seeing-eye dogs, within the outdoor dining area.
11. INDEPENDENT CONTRACTOR
LICENSEE agrees that all work done or undertaken by it on the Public Right of
Way shall be for its sole account and not as an agent, servant or contractor for CITY.
LICENSEE agrees to indemnify and hold CITY and the Public Right of Way harmless from and
against all claims or liens of workmen and materialmen.
12. NO ASSIGNMENT
LICENSEE agrees that the permission herein extended shall be personal to it and
that it shall not assign or permit any third party to avail itself of any of the privileges granted
hereunder, without the express written permission of CITY.
13. NO TITLE INTEREST
No title interest of any kind is hereby given and LICENSEE shall never assert any
claim or title to the Public Right of Way.
6
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Ris 99-217
Revised: 07/01/99
14. NOTICES
All notices given hereunder shall be effective when personally delivered or if
mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and
certified with return receipt requested and addressed to LICENSEE or to CITY at the respective
addresses shown below:
CITY: LICENSEE:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
15. NO DISCRIMINATION
LICENSEE agrees that in performance of this Agreement and in the use of the
Public Right of Way authorized hereunder, it will not engage in, nor permit its officers, agents or
employees to engage in, any discrimination or discriminatory practices against any person based
on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition,
marital status or gender.
16. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
The prevailing party shall not be entitled to recover its attorney's fees.
REST OF PAGE INTENTIONALLY LEFT BLANK
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Revised: 07/01/99
16. ENTIRETY
This Agreement contains the entire agreement between the parties. This
Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed
upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
LICENSEE: CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
print name
ITS: (circle one)Chairman/President/Vice President
Director of Public Works
By:
APPROVED AS TO FORM:
print name
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary-Treasurer
City Attorney
REVIEWED AND APPROVED:
City Administrator
8
GA99AgreeDutdoor
Rls 99-217
Revised: 07/01/99
EXHIBIT A
EXHIBIT A
"PUBLIC RIGHT OF WAY"
TO BE PROVIDED AT TIME OF CUP APPROVAL
EXHIBIT B
EXHIBIT B
LICENSE AGREEMENT -OUTDOOR DINING W/ALCOHOL
STANDARD CONDITIONS
Staff Recommendation
a. Only establishments that are established as a "Bona fide public eating place", as
defined by Section 23038 of the Alcoholic Beverage Control Act, shall be
permitted to serve alcoholic beverages outdoors in accordance with Section 4.2.33
of the Downtown Specific Plan.
b. Serving of alcoholic beverages shall not commence prior to 11:00 a.m. daily. The
latest hour for serving alcoholic beverages and food in the outdoor dining area is
9:30 P.M., or no later that the closing of the associated food service of the
establishment, whichever is first. All alcoholic beverages must be removed from
the outdoor dining area no later than 10:00 P.M., or no later than the closing of
the associated food service of the establishment, whichever is first.
c. All servers employed in serving alcoholic beverages within outdoor dining areas
shall undergo Licensee Education on Alcohol and Drugs (L.E.A.D.) training by
the Department of Alcoholic Beverage Control. The business owner shall submit
proof to that effect to the Planning Department prior to the initial establishment of
alcohol service outdoors and on a quarterly basis for new employees hired within
the previous three months.
d. Only establishments with outdoor dining located directly adjacent to the
exterior wall of the establishment's building shall be permitted to serve
alcoholic beverages.
e. Establishments which serve alcoholic beverages outdoors are required to
provide a physical barrier of 42 inches in height surrounding the outdoor
dining area that will prohibit passing of alcohol through the barrier.
£ Barriers located on private property in accordance with this Chapter as required
for serving alcohol outdoors shall be permanently installed. Barriers located on
public property as required for serving alcohol outdoors shall be designed to be
removable in the event that it is deemed necessary.
g. Restaurants that provide outdoor dining with alcohol service on public property
shall post a cash bond, of an amount determined appropriate by the Planning
Director,to ensure removal of the outdoor dining enclosure.
h. Restaurant management is responsible for running and operating the outdoor
dining area.
i. Outdoor dining areas shall be continuously supervised by management or
employees of the establishment. Food establishments serving alcoholic beverages
must have a supervisor on site at all times. Behavior that disturbs customers or
passerby will not be tolerated and constitutes a violation of these provisions.
1
EXHIBIT B
LICENSE AGREEMENT -OUTDOOR DINING W/ALCOHOL
STANDARD CONDITIONS
Staff Recommendation
j. No servers shall be permitted to serve any food or beverage item from outside the
barriers as required by this Section 4.2.33.
k. Outdoor dining patios are for sit down food and beverage service only; no stand
up, walk-up or pick-up service is permitted.
1. Alcoholic beverages shall be served in glass containers only. The name of the
establishment serving the beverage shall be permanently printed in a clearly
identifiable print on each glass container.
in. No signs may be placed on or secured to any barrier.
n. There shall be no alcohol served outdoors on July 41n
o. All outdoor dining sites must be handicapped accessible.
p. At the termination of the License Agreement, the outdoor dining barriers must be
removed and the sidewalk returned to its original condition.
q. A review of the use shall be conducted by the Staff within six (6) months of the
issuance of the conditional use permit to verify compliance with all conditions of
approval and applicable Chapters of the Huntington Beach Zoning & Subdivision
Ordinance (HBZSO). If the six (6)month review determines any violations of the
conditions of approval or any applicable Chapters of the HBZSO or Huntington
Beach Municipal Code, the conditional use permit shall be scheduled for a
revocation hearing before the Zoning Administrator. At that time the Zoning
Administrator may revoke the conditional use permit or consider modifications to
the conditions of approval.
r. Any violation of any condition of the applicable Conditional Use Permit, the
Huntington Beach Municipal Code, or the Zoning and Subdivision Ordinance,
shall be grounds for initiation of the revocation process for the Conditional Use
Permit, and/or License Agreement.
2
ATTACHMENT 6
LEGISLATIVE DRAFT
DOWNTOWN SPECIFIC PLAN
OUTDOOR DINING W/ALCOHOL
June 30, 1999
4.2.33 Outdoor dining: Outdoor dining on public or private property may be
permitted subject to conditional use permit approval by the Zoning
Administrator and compliance with this Ssection.
(1) W Location and design criteria.
Outdoor dining shall conform to the following location and design
criteria:
a. (4) The outdoor dining shall be an extension of an existing or
proposed eating egg establishment on contiguous
property.
b. R Outdoor dining located on the sidewalk area of the public
right-of-way shall be limited to commercial areas within the
Downtown Specific Plan.
C. R Outdoor dining located on the sidewalk area of the public
right-of-way of the first block of Main Street and Pacific Coast
Highway within District 3 and on the Municipal Pier shall
provide a minimum ten (10) foot clear passage area or
pedestrian access. Outdoor dining located on the sidewalk
area of the public right-of-way and on all other areas shall
provide a minimum eight (8) foot clear passage area for
pedestrian access. A wider clear passage area may be
required at the discretion of the Zoning Administrator.
d. (+v) No outdoor dining shall be allowed in mini-parks, publicly
owned plazas, or beach areas excluding concession carts
with no seating.
e. M Outdoor dining establishments which do not serve
alcohol and are located on public property shall be
separated from the clear passage area on the public sidewalk
and/or pedestrian walkway by a temporary cordon and
removed when not in use.
f. (Y4 All featuFes lRG1udiRg but not limited tG tables, chairs, and
umbrellas of outdoor dining located on public property shall be
removed when not in use.
(gApv\downtown\LGDR0TD5) 1
g. (vio Outdoor dining on private sidewalk areas shall provide a
minimum eight (8) foot clear passage area for pedestrian
access or a permanent cordon shall surround the outdoor
dining area and a minimum five (5)foot clear passage area
shall be provided.
h. (W4 At street intersections, the triangular area formed by
measuring 25 feet along the curb lines eF the area feFFned by
the e)densinn of the prepeFty linos ♦e the n,Urh linosr wh;nhover
is .,,nre r ?GtFiGtive, shall be clear passage area.
i. Temporary, mobile or free-standing food service
providers are not eligible under these provisions.
(2) {s) Operating requirements, provisions, and conditions.
a. {-I}-A Uicense Aagreement including use fees shall be obtained
from the City for outdoor dining located on public property.
The License Agreement shall be subject to termination at any
time upon a 10 day prior written notice upon determination of
the Zoning Administrator that one or more of the conditions or
provisions of this Ssection 4.2.33 have been violated or that
one or more factors listed in Subsection (5) below (b) above
have changed and the permitted use is no longer compatible
with the intended use of the public right-of-way or public
property: Termination of a License Agreement shall nullify the
conditional use permit.
b. (4)-The applicant shall enter into a Maintenance Agreement with
the City for maintenance of all portions of the public property
used and approved by the Zoning Administrator for the
outdoor dining. Said agreement shall be submitted to and
approved by the Department of Public Works prior to
commencement of the use.
C. #0 All outdoor dining operators shall provide a public liability
insurance policy as specified in all current insurance
resolutions. Such liability insurance shall be provided in a
form acceptable to the City Attorney. The policy shall name
the City of Huntington Beach as an additional insured and
shall be maintained at all times.
d. #v)An GUtqGGF dining eptnrateF shall not sell to FneteFists e
,sersnns in .,ehinlcs o food or beverages of any
nature all be sold to any occupant or rider of
any motor vehicle or bicycle.
e. M The applicant (or operator) shall pay all fees and deposits
required by the Huntington Beach Municipal Code and
OrdonaRGe Code, including the fee established for use of
public property, prior to operation of the outdoor dining use.
f. {Y�All provisions of the Huntington Beach Municipal Code and
Zoning and Subdivision Ordinance shall apply.
(gApv\downtown\LGDR0TD5) 2
g. {v4)No Aalcoholic beverages may be served on public and/or
private property subject to the provisions provided
herein.
h. kv i�The conditional use permit may be transferred upon
sale or transfer of the restaurant subject to a written request
approved by the Zoning Administrator and the property owner.
An amendment to the License Agreement will be required
prior to transfer of the conditional use permit for outdoor
dining on public property. A conditional use permit transfer
or License Agreement tisense renewal or amendment
may be denied if one or more of the factors listed in
Subsection (5) above have changed and the permitted
use is no longer compatible with the intended use of the public
right-of-way.
(3) 4d) Parking.
Parking shall comply with the Huntington Beach Zoning and
Subdivision Ordinance or the Downtown Parking Master Plan;
however, no parking spaces shall be required for the outdoor dining
portion of the restaurant if the outdoor dining area does not exceed
the following:
Total Restaurant Area Outdoor Dining Area
1) 1,200 sq. ft. or less with: Maximum 5 tables
and 20 seats
2) greater than 1,200 sq. ft. with: Maximum of 20% of
the restaurant area,
not to exceed 400 sq. ft.
Any outdoor dining area which exceeds these standards shall
provide 100% of the required parking for the entire area.
(4) W Enforcement.
Enforcement of this Section 4.2.33 shall be by the Community
Development Director or his/her designee.
Any outdoor dining use within the Downtown Specific Plan that has
been established without prior conditional use permit approval
must obtain a conditional use permit and if located on public
property, a License Agreement within 90 days following the
effective date of this ordinance. Any establishment that
plans to serve alcoholic beverages in an outdoor
dining area must obtain a new conditional use permit
and a new License Agreement from the City. No-use
existing-prieF te-Mafs#211994.
(gApv\downtown\LGDR0TD5) 3
(5)- b) Necessary Findings
In order to approve outdoor dining the Zoning Administrator shall
make the following findings:
a. The sidewalk's public use, pedestrian, transit and business
services including but not limited to loading zones, bus stops,
public phones, and benches, are not restricted.
b. ( Building entryways are not obstructed.
C. Pedestrian traffic volumes are not inhibited.
d. {iv) Handicapped accessibility is provided where required.
(gApv\downtown\LGDROTD5) 4
ATTACHMENT 7
"Huntington Beach Planning Department
STAFF=REPORT w .
TO: Planning Commission
FROM: Howard Zelefsky, Planning Director
BY: Peter Vanek, Assistant Planner Py
DATE: June 22, 1999
SUBJECT: ZONING TEXT AMENDMENT NO. 98-4 (DOWNTOWN OUTDOOR
DINING WITH ALCOHOL)(Continued from the May 25, 1999 meeting)
LOCATION: Downtown Specific Plan
STATEMENT OF ISSUE:
Transmitted for Planning Commission consideration and recommendation to the City Council is
Zoning Text Amendment No. 98-4, a request by the City of Huntington Beach to amend the
Downtown Specific Plan (DTSP) to permit the consumption of alcoholic beverages in
conjunction with outdoor dining on public property. Outdoor dining with alcohol is currently
permitted on private property.
The item was continued from the May 25, 1999 meeting to allow time for staff to explore
regulatory options proposed by the Commission. These options are detailed in the analysis and
alternative action sections below. In addition,the Commission wished to solicit comments from
the City Council Downtown Sub-committee relative to the proposed ordinance.
Staff recommends the Planning Commission recommend approval of Zoning Text Amendment
No. 98-4 to the City Council as originally proposed by staff for the following reasons:
• The proposed zoning text amendment provides specific standards and procedures for
consumption of alcoholic beverages in conjunction with outdoor dining within the
Downtown Specific Plan.
• The zoning text amendment will contribute to the atmosphere and ambiance of the
Downtown area by attracting a clientele consistent with the redevelopment of the downtown.
• The proposed zoning text amendment will not adversely impact the City's review and public
hearing process.
• The proposed zoning text amendment is consistent with the goals and policies specified in
the Land Use and Economic Development Elements of the General Plan.
RECOMMENDATION:
Motion to:
A. "Recommend approval of Zoning Text Amendment No. 98-4 as recommended by staff with
findings (Attachment No. 1) and forward to the City Council for adoption."
B. "Approve Planning Commission Resolution No. 1542 (Attachment No. 4) recommending
suggested conditions of approval for establishments requesting the consumption of alcoholic
beverages in conjunction with outdoor dining on public property."
ALTERNATIVE ACTION:
The Planning Commission may make alternative action(s) such as:
A. "Approve Zoning Text Amendment No. 98-4 utilizing the license agreement as the primary
regulatory document, eliminating the requirement for an additional conditional use permit to
serve alcohol on public property within previously approved outdoor dining areas
(Attachment No. 5)."
B. "Approve Zoning Text Amendment No. 98-4 utilizing the license agreement as the primary
regulatory document in conjunction with a new conditional use permit to serve alcohol on
public property within previously approved outdoor dining areas (Attachment No. 7)."
C. "Deny Zoning Text Amendment No. 98-4 with findings for denial."
PROJECT PROPOSAL:
Zoning Text Amendment No. 98-4 is a request to amend Section 4.2.33 of the Downtown
Specific Plan to permit the consumption of alcoholic beverages on public property where outdoor
dining is permitted. Currently, the Downtown Specific Plan does not permit the consumption of
alcoholic beverages within outdoor dining areas on public property. Additionally, sections of the
ordinance have been modified to differentiate between outdoor dining establishments and those
that serve alcohol. Enclosed outdoor dining area requirements have been established, and limits
have been placed on the types of establishments that will be permitted to serve alcohol in
conjunction with outdoor dining.
In addition to the amendments to the outdoor dining ordinance, standard suggested conditions of
approval have been drafted which have been included for adoption by Planning Commission
Resolution. The suggested conditions will be applied to,each conditional use permit application
for outdoor dining with alcohol on public property that is presented for review by the Zoning
Administrator. Necessary amendments to the Municipal Code to permit the consumption of
alcohol on public property must also be made. The amendment(s)to the Municipal Code require
action only by the City Council.
ANALYSIS:
The primary analysis of the proposed Zoning Text Amendment was forwarded to the Planning
Commission on February 9, 1999. Additional revisions were made to the license agreement,
standard conditions of approval, and the outdoor dining ordinance since the February 9, 1999
Planning Commission meeting, at the direction of the sub-committee. These revisions were
forwarded to the Planning Commission on May 25, 1999. The May 25, 1999 report is available
by request, which includes the analysis from the February 9, 1999 meeting.
Resultant from the sub-committee meetings, study sessions and public hearings, and the
subsequent revisions to the ordinance, some confusion has arisen with respect to what the
outdoor dining ordinance accomplishes as recommended by staff. The following is provided in
an attempt to clarify the issues:
Staff Report—6/22/99 2 (99sr25)
The proposed ordinance does:
• Revise the outdoor dining ordinance to permit the consumption of alcohol on public property.
• Establish appropriate standards for barriers (max 42") to delineate the outdoor dining areas.
• Require that all outdoor dining areas be adjacent to the building to serve alcohol on public
property.
• Limit the types of establishments (must be a"bona fide" eating establishments) that will be
permitted to serve alcohol outdoors on public property.
• Establish standard conditions of approval for all establishments that wish to serve alcohol
within outdoor dining areas on public property.
The proposed ordinance does not:
• Propose a solution for those establishments that do not currently have their outdoor dining
area adjacent to the building.
• Create any additional requirements beyond what is currently required for establishments to
provide outdoor dining without alcohol.
• Recommend any major changes to the existing license agreement.
At the May 25, 1999 Planning Commission hearing, the Commission proposed that several
regulatory options be explored by staff. These options are detailed below, with exception of a
proposed trial period from October 1, 1999 to May 1, 2000, as it is unlikely that the revised
outdoor dining ordinance would be approved by the Coastal Commission prior to October V, in
the event that the proposed zoning text amendment were to be approved by the City.
Alternative Action No. I:
In an effort to reduce the amount of regulatory documents necessary to serve alcohol outdoors on
public property, the Commission proposed that the license agreement be the primary document
to regulate outdoor dining with alcohol. As such, the revisions to the outdoor dining ordinance
have been pared down to include changes that would allow service of alcohol on public property
and other minor items of clarification. This option also excludes the requirement for an
additional conditional use permit(no public hearing) for alcohol service outdoors on public
property, and revises the license agreement to include the regulations and standards for outdoor
dining with alcohol on public property. The license agreement would include as an exhibit the
standards (location, barrier design, operational criteria) and conditions of approval that were
previously within the resolution. Staff has prepared a revised legislative draft outdoor dining
ordinance (Attachment No. 5) and license agreement(Attachment No. 6)to reflect this direction.
Alternative Action No. 2:
This action would include the revisions proposed as a part of Alternative Action No. 1, with the
exception that a conditional use permit(public hearing)would still be required. A revised
legislative draft outdoor dining ordinance (Attachment No. 7) and license agreement(Attachment
No. 8) have been prepared to reflect this action.
Staff Report—6/22/99 3 (99sr25)
The Police Department has reviewed the proposed revisions, and does not support the (�
introduction of any additional avenues for consumption of alcoholic beverages within the
downtown area at this time. The Police Department has been involved in the process of
developing the revisions to the ordinance, and has offered recommendations, some of which were
incorporated into the final process, in the event that outdoor dining is permitted with alcohol
service in the downtown area. These recommendations are detailed in the report forwarded to
the Planning Commission on May 25, 1999,which includes the February 9, 1999 staff report,
and is available by request.
At the request of the Downtown Council sub-committee chairperson, a meeting was scheduled
for June 21, 1999 with the Downtown Council sub-committee, the Planning Commission sub-
committee, and staff. The meeting is to discuss the issue of outdoor dining with alcohol and the
proposed ordinance. The outcome from this meeting will be provided to the Commission on
June 22, 1999. In addition, courtesy notices were sent out to interested parties ten days prior to
the June 22, 1999 Planning Commission hearing.
SUMMARY:
Staff recommends the Planning Commission approve Zoning Text Amendment No. 98-4 based
on the following reasons:
• The proposed zoning text amendment provides specific standards and procedures for ..
consumption of alcoholic beverages in conjunction with outdoor dining within the
Downtown Specific Plan.
The zoning text amendment will contribute to the atmosphere and ambiance of the
Downtown area by attracting a clientele consistent with the redevelopment of the downtown.
The proposed zoning text amendment will not adversely impact the City's review and public
hearing process.
• The proposed zoning text amendments are consistent with the goals and policies specified in
the Land Use and Economic Development Elements of the General Plan.
ATTACHMENTS:
1. Findings for Approval
2. Legislative Draft Ordinance—Section 4.2.33 of Downtown Specific Plan(Staff
Recommendation)
3. Standard License Agreement(Staff Recommendation)
4. Planning Commission Resolution No. 1542 (Staff Recommendation)
5. Legislative Draft Ordinance—Section 4.2.33 of Downtown Specific Plan (Alternative 1 -
Revised)
6. Standard License Agreement (Alternative 1 - Revised)
7. Legislative Draft Ordinance— Section 4.2.33 of Downtown Specific Plan(Alternative 2 -
Revised)
8. Standard License Agreement(Alternative 2 - Revised)
9. Planning Commission Staff Report dated May 25, 1999
SH:PV:kjl
Staff Report—6/22/99 4 (99sr25)
ZTA NO. 98-4
ATTACHMENTS 2-9 ARE ON FILE WITH THE
PLANNING DEPARTMENT, 3RD FLOOR
CITY HALL
ATTACIUM,-ENT 2- 9
ATTACHMENT 8
1
OUTDOOR DINING WITH ALCOHOL ISSUES MATRIX
Downtown Specific Plan — ZTA No. 98-4
City Council -August 2, 1999
ITEM ISSUE STAFF PLANNING PLANNING
NO. RECOMMENDATION COMMISSION COMMISSION
SUB-COMMITTEE ACTION
RECOMMENDATION
1. Plastic cups should be Utilize glass with the Concurs with staff Disagree with staff&
utilized in place of glass. establishment name recommendation committee; delete
imprinted on each glass condition of approval to
require glass containers
with name imprinted on
them.
2. Sidewalk cleaning Included in license agreement Include in license Concur with staff; include
regulations should be more (not part of ordinance)per agreement; require weekly as condition of approval in
stringent, including more City's discretion cleaning license agreement,require
frequent cleanings. monthly steam/pressure
cleaning.
3. A method of pro-active Code Enforcement staff to All establishments that Minute Action; ordinance
enforcement should be enforce the conditions of serve alcohol outdoors on does not become effective
implemented. approval public property shall pay the until a Code Enforcement
cost of an officer to solely Officer is funded to work
patrol the area Friday through Sunday.
4. Additional regulation other Staff will include definition of Concurs with staff Concur with staff, include
than allowing only"Bona meals in staff report—Code recommendation in license agreement as
Fide"eating establishments Section 4.2.33(1)j defined by ABC Act
should be implemented. Section 23038.
5. Outdoor dining with alcohol Outdoor dining is limited to Concurs with staff Concur with staff, no
should be limited to specific commercial and mixed use recommendation change to the districts.
districts. districts
6. A list of the establishments All establishments have an Concurs with staff Concur with staff.
that comply with the current approved plan that complies recommendation
regulations should be (part of CUP process)
provided.
G:VANEK/D WNTWN/ISSUES7 I
OUTDOOR DINING WITH ALCOHOL ISSUES MATRIX
Downtown Specific Plan — ZTA No. 98-4
City Council-August 2, 1999
ITEM ISSUE STAFF P.C. SUBCOMMITTEE P.C.ACTION
NO. RECOMMENDATION
7. Outdoor dining with alcohol No change to proposed Exclude the Pier Concur with staff; may be
should not be permitted on allowed in District#10
the pier. (Pier)
8. A limit should be placed on Staff has excluded all Concurs with staff Concur with staff; allowed
the overall percentage of establishments besides "Bona recommendation for"Bona Fide" eating
sales of alcohol per Fide"eating establishments. establishments.
establishment.
9. Restaurants should be Requirement will be included Concurs with staff Concur with staff; include
required to post a bond to in ordinance—Code Section recommendation as a condition of approval in
remove the outdoor dining 4.2.33(2)i license agreement; bond to
equipment. be determined by Director.
10. Every dining area should Dining areas are required to Concurs with staff Disagree with staff&
be provided against the be adjacent to the building recommendation committee; recommend no
building; each business if they wish to serve alcohol change to current
should be informed that —Code Section 4.2.33(1)k ordinance and permit in
this is the only way existing locations.
outdoor dining with
alcohol will be permitted.
11. Provide a plan that shows a Staff will provide for public Concurs with staff Concur with staff;
clear indication where hearing recommendation Informational item only.
public and private property
is located.
12. Provide information as to Establishments that could Concurs with staff Concur with staff;
which establishments would provide outdoor dining within recommendation Informational item only.
be affected and which code requirements may be
would not. affected if they wish to serve
alcohol
G:VANEK/D WNI'WN/ISSUES7 2
OUTDOOR DINING WITH ALCOHOL ISSUES MATRIX
Downtown Specific Plan — ZTA No. 98-4
City Council-August 2, 1999
ITEM ISSUE STAFF P.C. SUBCOMMITTEE P.C.ACTION
NO. RECOMMENDATION
13. Provide an update on any Less than 10 complaints have Implement pro-active Minute Action; adopt city
code enforcement issues. been filed within the last three enforcement policy for zero tolerance for
years any violations.
14. Each business should No bond is proposed, License Code enforcement should Minute Action; all
provide a bond to pay for Agreement requires $300.00 use the administrative establishments shall pay a
code enforcement. inspection fee citations more pro-actively pro-rated share of the cost
of enforcement
15. Provide information on Information is provided and Concurs with staff Concur with staff,
each business and how analyzed as part of the CUP recommendation Informational item only.
many square feet they process
occupy
16. Provide clarity as to why Enclosure design will be Concurs with staff Concur with staff; included
the Police Department modified; closely spaced bars recommendation as a condition of approval in
wants an impenetrable to prevent passage of alcohol license agreement; require
barrier and the Public —Code Section 4.2.33(1)i design to prohibit passing of
Works Department design alcohol through barrier.
allows 6"between
enclosure bars.
17. Glass should be utilized for Require that glass be utilized Concurs with staff See No. 1 above.
drinks. recommendation
18. Clarification needs to be The units represent the Concurs with staff Concur with staff;
provided with respect to the estimated number of each recommendation Informational item only.
"units"indicated on the item required for the outdoor
Public Works cost dining area enclosures
estimates.
19. All pertinent ABC issues ABC has been involved in Concurs with staff Concurs with staff.
need to be explored. process and will enforce the recommendation
regulations
G:VANEK/D WNTWN/ISSUES7 3
OUTDOOR DINING WITH ALCOHOL ISSUES MATRIX
Downtown Specific Plan — ZTA No. 98-4
City Council- August 2, 1999
ITEM ISSUE STAFF P.C. SUBCOMMITTEE P.C. ACTION
NO. RECOMMENDATION
20. Issue permits for six months No change to proposed Condition for six month Included as a condition of
only review should be included approval in license
agreement; staff to conduct
six month review.
21. Enforcement should be the Code Enforcement has Concurs with staff See No. 3 above.
responsibility of the Police responsibility (work with recommendation
Department or City ABC and Police Dept.)
Attorney
22. Plaza Almeria should be No outdoor dining plan for Concurs with staff Concur with staff;
included Plaza Almeria has been recommendation Informational item only.
submitted
23. Who will pay for the The applicant will pay the Concurs with staff Concur with staff; the
barriers? cost of the barrier recommendation applicant pays for the
barrier.
24. Standard Conditions are not Standard conditions are not Concurs with staff Concur with staff; included
in Specific Plan or intended to be included in the recommendation as conditions of approval in
Ordinance ordinance the license agreement.
25. Why are three documents Two documents exist Concurs with staff Disagree with staff&
needed? currently—The standard recommendation committee; recommended
conditions of approval will that the license agreement
be part of the conditional be the primary
use permit enforcement document.
26. No mention of barriers in To be included in license Concurs with staff Concur with staff; included
license agreement. agreement for outdoor dining recommendation as a condition of approval in
with alcohol the license agreement.
27. Private Sidewalk Widths No change proposed Passageways/Sidewalk Concur with staff; no
widths min.8 feet for public change from current
&private property standards.
G:VANEK/DWNTWN/ISSUES7 4
OUTDOOR DINING WITH ALCOHOL ISSUES MATRIX
Downtown Specific Plan — ZTA No. 98-4
City Council-August 2, 1999
ITEM ISSUE STAFF P.C. SUBCOMMITTEE P.C. ACTION
NO. RECOMMENDATION
28. Server Access to tables Require that servers access A min. 2 feet clear area Included as a condition of
their tables from within the within area to allow server approval in the license
barrier—Code Section access to tables—No service agreement; require that
4.2.33(1)m permitted from beyond servers access their tables
perimeter of area from within the barrier
29. Loitering No change proposed -Not an Provisions to discourage The PC took no action on
issue addressed in ordinance loitering should be included the issue. The Municipal
Code addresses the issue.
30. Potential"zig-zagging" of No change proposed: goal is Business owners need See No. 10 above.
outdoor dining areas to have uniformed locations cooperation of neighboring
against the building—each businesses—each location
CUP is subject to location would be reviewed on a
review case by case basis
31. Enclosure maintenance Part of existing license Concurs with staff See No. 2 above.
agreement recommendation
32. Barrier Height 42 inch high barrier Concurs with staff Disagree with staff&
required for all outdoor recommendation committee; PC
dining with alcohol recommended a variable
barrier height of no less
than 36 inches and no
more than 40 inches
G:VANEK/DWNTWN/ISSUES7 5
AT-TAC'HM,E-N- T., 9
M
� � M
' Z
June 21, 1999 JUN 2' 1999
Honorable Chairperson and Planning Commissioners
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Subject: Public Hearing Item B-1, Zoning Text Amendment No. 98-4
(Downtown Outdoor Dining with Alcohol)
Dear Chairperson Speaker and Planning Commissioners:
On behalf of the members of the Downtown Restaurant Association it is respectfully
requested that the Planning Commission amend the outdoor dining standards to permit
the consumption of alcoholic beverages on public property within the Downtown
Specific Plan District as recommended by staff with the attached suggested revisions.
Additions are shown as bolded and underlined and deletions are shown as bolded with
stikeihroughs.
We thank the Planning Commission for its consideration of our request(s). We also
thank Herb Fauland and Peter Vaneck of the planning staff for their kind and professional
assistance. If the Commissioners or staff have any questions,please do not hesitate to
contact me at (714) 960-7286.
Sincerely,
Keith B. Bohr, Consultant
Downtown Restaurant Association
Xc: Howard Zelefsky, Planning Director
Herb Fauland, Senior Planner
Peter Vanek, Assistant Planner
Restaurant Association Members: Gallagher's Pub, The Longboard Restaurant&
Pub, The Shorehouse Cafe, BJ's Chicago Pizza Grill, The Brick Oven, Luigi's,
Sunset Mediterranean Grill, and Future Plaza Almeria Restaurants
Proposed Restaurant Association Revisions to the following proposed document.
Submitted for Planning Commission consideration at June 22"d Public Hearing.
LEGISLATIVE DRAFT -DOWNTOWN SPECIFIC PLAN
OUTDOOR DINING W/ALCOHOL
4.2.33
(1) a. The outdoor dining shall be an extension of an existing or proposed eating or
drinking establishment on contiguous property or property that is only separated by a
public sidewalk(right of wavy.
Rationale: This exception allows the second block on the west side of Main Street to
continue to accommodate outdoor dining in its current location which, as is, works fine.
To move it adjacent to the buildings creates many more problems and expense (e.g. loss
of seating space due to doorways zig-zag pedestrian flow, removal/relocation of planters
&trees)then it solves.
(1) i. Establishments which serve alcoholic beverages are required to provide a physical
barrier a minimum of 42,40 inches in height surrounding the outdoor dining area. th-at
will prohibit passing of aleohol through the baFFier-.
Rationale: The purpose and design of the barriers should be to control the ingress and
egress of people into the dining area,not to address the remote possibility that someone
purchases an alcoholic beverage only to give it away,by passing it over or through the
barrier to a member of the public passing by the dining area. A barrier at 42 inches or
more begins to create the look and feel of a cage and impedes on a sitting diner's line of
vision, diminishing the otherwise festive ambiance of dining outdoors. Therefore, we
would suggest that the minimum height be reduced to 40 inches to deter patrons from
being tempted to climb in or out of the dining area while maintaining the open air dining
experience. Further, we would suggest that the Design Review Board be given the
authority to review and approve all barriers allowing for varied quality designs (as
opposed to one generic design)that would provide an aesthetic ambiance unique to
downtown Huntington Beach.
(1) k. Only establishments with outdoor dining located directly adjacent to the exterior
wall of the establishment's building shall be permitted to serve alcoholic beverages.
Buildings located in the second block of Main Street on the west side of the street to
be exempt from this requirement.
Rationale Same as to (1) a. above. Or some other exception that allows the second
block on the west of Main Street to continue to accommodate outdoor dining in its
current location, which as is works fine. To move it adjacent to the buildings creates
many more problems and expense (e.g. loss of seating space due to doorways, zig-zag
pedestrian flow, removal/relocation of planters&trees)then it solves.
(2) i. Restaurants that provide outdoor dining with alcohol service shall post a cash
bond, of an amount determined appropriate by the Planning Director,to ensure removal
of the outdoor dining enclosure.
Rationale: Please refer to the attached Proposed Standard of Conditions# a., with
suggested revised language which should insure convenient removal, minimizing the
need for a large cash bond to be posted.
(4) e. If by means of a C.U.P.,to be heard by the Zoning Administrator.
Rationale: Saves valuable time and money for the operators. ZA decisions may be
subsequently appealed to the Planning Commission.
Proposed Restaurant Association Revisions to the following proposed document.
Submitted for Planning Commission consideration at June 22"d Public Hearing.
PROPOSED STANDARD CONDITIONS OUTDOOR DINING W/ALCOHOL
a. Replace with: All barriers located on private and/or public property in
accordance with this Chapter as required for serving alcohol outdoors shall be
installed to be securely anchored to the appropriate walls and or grade surfaces in a
semi-permanent manner and vet also be removable with moderate ease and minimal
damage to said property in the event that it is deemed necessary.
Rationale: This will provide for secure yet removable barriers and minimize any
expense posed by Condition e. outlined below.
i. Outdoor dining areas shall be continuously supervised by management or
employees of the establishment. Food establishments serving alcoholic beverages must
have a supervisor on site at all times. Said supervisor does not have to be permanently
stationed outdoors at all times, but may be a roaming supervisor on both inside and
outdoor dining areas. The emplovee(s) that will be serving the outdoor dining area
will supplement the supervisor in this duty. Behavior that disturbs customers or
passersby will not be tolerated and constitutes a violation of these provisions.
Rationale: If"on site" means the actual "outside dining area" it is not economically
feasible to have one supervisor that only stands outside to supervise the outdoor dining
area and does not go in and out to serve food and/or drink or that supervises the entire
restaurant. There are many non peak times where there will only be a table or two
occupied inside and out in is not feasible to have a "supervisor" that only stays outside
supervise those tables. Our intent is to demand responsibility while maintaining
flexibility.
k. Alcoholic beverages shall be served in generic glass containers only or plastic
containers. The name of the establishment serving the beverage shall be permanently
printed in a clearly identifiable print on each glass plastic container.
Rationale: It seems the intent of this provision is to be able to identify which restaurant
a pedestrian received an alcoholic drink from should an outdoor dining patron give it
away. Again, we believe the likelihood that many(if any) dining patrons will be
purchasing drinks only to give them to passersby is extremely remote. In doors or out,
vacationing/tourist type diners love having glasses as souvenirs and the loss by attrition,
a.k.a. theft is considerable when the name of the dining establishment is printed on the
glass. Therefore, we respectfully request that generic glass containers be allowed.
ATTACH MENT 10
AUG-13-1998 14:48 FROM
SANTA ANA TO 3741540 P.02
j
i
ALCOHOLIC BEVERAGE CONTROLACT 4 19
list, and the majority of the members of which pay dues at least once in every year,
'• and the property as well as the advantages of which belong to the members,and which
sells alcoholic beverages only to its members and its bona fide guests.A guest is defined
{ as a person who is actually a houseguest, or a person whose presence as a gue;t is
iti response to a specific invitation for the special occasion. `.
1 8lstar�e--8tats 2967,Ch.819,in affect September U.1.90.added land w Wch'salls alcoholfe beretraos only
t Whit men bexi and Its bona Ede WueaW and second sentaaoe.
23038. - "Bona fide public eating place," "meals." "Bona fide public eating
pace" means a place which is regularly and in a bona fide manner used and kept:
open for the serving of meals to guests for compensation and which has suitable kitchen
fatilides connected therewith,containing conveniences for cooking an assortment of
1 foods which may be required for ordinary meals, the kitchen of which must be Kept
in'.a sanitary condition with the proper amount of refrigeration for keeping of food.
on said premises and must comply with all the regulations of the local department'
of health. "Meals"means the usual assortment of foods commonly ordered at various
hours of the day; the service of such food and victuals only as sandwiches or salads
shall not be deemed a compliance with this requirement. "Guests"shall mean persons
who, during the hours when meals are regularly served therein, come to a bona fide
i public eating place for the purpose of obtaining,and actually order and obtain at such
brie, in good faith, a meal therein.Nothing in this section,however,shall be con strued
to require that any food be sold or purchased with any beverage.
13ts6oay:—Beata 18".M 17.79,opemtive January 41157,ameoded section to deed as above.
Ceneeedon agteesesttr--Eaecpt as per�ained by Station 2M.a ramme orer d a boas fide yablie aand place oa lak P"
l ticsaie may Pot kax or ache a concestion aSauntem ceder whiA he would in effect sublet die"Atasst opetaaam on W premises;29
Opa.Amy.Ciai.95.57W 3.27-57. !
i 04asrarah v ci Ileemm as evidence of ownerahip of Connected eeetau=nt.na appearance of a person same W a
1 g"licam ' type wbich raquee d ham to save food is evidence tlet be is dra owrar sad operator a Rtoanm adjoining d>e 6aam W
f '=Fordyce B.otsrrs CoaW my v.Krernam 149 CIL App.24$67. ;
I Adab w a bona Ede eating pram—A dub lkmw and a bona rde ndeg place ftoeme ate a:paraw and ditdact types of boetan
evea 0Pgh a club ntigbt qualify as a bona fide rating place.The euceom exptcaaed in Penal Code f 172e does not ennead to dub bargee.
Karrfi vt.Alcoholic BeveMe Control Appeals Board!Berkeley Cm StmmIr Cub).201 CaL App.2d 367. !
23038.1. Convention center,exhibit hall or auditorium. 'Notwithstanding tl}e
provisions of Section 23038, "bona fide public eating place" also means a conventidn
center, exhibit hall,or auditorium, which shall hereinafter be referred to as "premisesa~
t owned by or leased to the State of California, any incorporated city, county, city alkd
' county, or public corporation of the State of California which is regularly and in a
bona fide manner used and kept open for the attendance of groups of guests, and rI
confection with such use serves meals to such groups of guesis for compensation,
and which has suitable kitchen facilities in connection therewith,such kitchen containing
convetueri is for preparation of ordinary meals and maintained In a sanitary condition
with proper refrigeration for the keeping of food on the premises in compliance-with
all regulati Ions of the local department of health. ��'
"Meals,"as used in this section,means foods commonly a"at a lunch or dinner',
provided, however, that the service of food such as sandwiches`or salads only shall
not be deer6ed compliance with this requirement.
"Groups of euests."as u..c.-A in thin c—ri—
TOTAL P.02
�2
ATTACHMEN T I I
CITY OF HUNTINGTON BEAC tt9AV 2 1 1999
INTER-DEPARTMENT COMMUNICATION CITY OF HUNTINGTON BEACH
HUtiTINGTON BEACH ADMINISTRATIVE OFFICE
1
TO: RAY SILVER FROM: RONALD E. LOWENBERG
City Administrator Chief of Police
SUBJECT: Downtown ABC DATE: May 18, 1999
Licenses
Earlier this year I provided you with a list of all active ABC Licensees in the Downtown
area. At that time there was a total of 29 licensed premises. With the closure of Patron's
and Joker's there are now 27 active locations.
The real purpose of this memo is to look into the future to see what the newest additions
to the downtown area might bring and what impact they will have on the department
during the next 12 months. Det. Tallman researched the area and found that there are as
many as five new businesses planning to open that will be offering alcohol in some form or
another. If these are approved, there will be 32 licensed premises in the downtown area.
This will put an additional burden on the department without adding additional staff to
deal with the increased problems associated with even more alcohol service in the
downtown area.
You are well aware of the current problems we are experiencing in this area. Adding
additional drinking establishments will only exacerbate the situation. Since this a policy
decision, what I'm seeking is direction with regards to the processing of the ABC
applications when we receive them at the department. We have three choices; we can
approve them without comment, we can approve them with restrictions placed on the
establishment we feel will help control anticipated problems or we can oppose any
additional licenses in the area. It must be remembered that even with restrictions, those
new locations serving alcohol will still most likely be producing intoxicated persons each
evening for us to deal with.
We want to remain business friendly, however, I just wanted to let you know that any
additional locations in the downtown area serving alcohol only create more problems and
will require additional staffing just to keep things status quo.
REL:BK
Attachment
FECITY OF HUNTINGTON BEACH
INT R-DEPARTMENT COMMUNICATION
HUWI.VGTCW BEACH
TO: LT.KELLY FROM: D.TALLMAN
SIB COMMANDER DET.VICE/CIM INV UNIT
SUBJECT:DOWNTOWN LIQUOR LICENSES DATE: APRIL 23, 1999
Per your request,this is an updated list of active ABC establishments for the Downtown
Business Area,with possible proposed or expected changes for the next 12 months.
ACTIVE ABC ESTABLISHMENTS:
NAME ADDRESS ABC LIC.TYPE
1. Ruby's Diner 1 Main St. 41:On Sale Beer/Wine,Eating Est.
2. T K Burgers 110 PCH 41:On Sale Beer/Wine, Eating Est.
3. Perq's 117 Main St. 47:On Sale General, Eating Est.
4. Sunset Bar& Cafe 200 Main 9105 47: On Sale General,Eating Est.
5. Hurricane's Bar& Grill 200 Main#201 47: On Sale General, Eating Est.
6. BJ's Pizza 200 Main#101 41: On Sale Beer/Wine, Eating Est.
7. Standard Market 200 Main#102 21: Off Sale General(Package Store)
8. HB Beer Co. 201 Main#C 75: On Sale General, Brewery,
Eating Est.
9. The Shed 210 5th. St. 47: On Sale General, Eating Est.
10. Brick Oven 211 Main#A 41: On Sale Beer/Wine, Eating Est.
11. Pete's Mexican Food 213 5t' 40: On Sale Beer Only, Eating Est.
12.The Long Board 217 Main 41: On Sale Beer/Wine,Eating Est.
13. Aloha Grill 221 Main#F 47: On Sale General, Eating Est.
14. Luigi's 221 Main#B 41: On Sale Beer/Wine,Eating Est.
15. Louise's Trattoria 300 PCH 41: On Sale Beer/Wine, Eating Est.
16. Mr. K's Karaoke 300 PCH#112 41: On Sale Beer/Wine, Eating Est.
17.Gallagher's 300 PCH#113 48/47: On Sale General. Eating Est.
18. Studio Cafe 300 PCH#201 47: On sale General, Eating Est.
19. Duke's 317 PCH 47: On Sale General, Eating Est.
20. Chimayo's 315 PCH 47: On Sale General, Eating Est.
21. Taxi Taxi 318 Main 41: On sale Beer/wine, Eating Est.
22. Brewbaker's 412 Walnut 23: Small Beer Manufacturer
23. El Don Liquor 414 PCH 21: Off Sale General (Retail)
24. Main St. Market 508 Main 21: Off Sale General (Retail) —
25. Shorehouse Cafe 520 Main 47: On Sale General, Eating Est.
26. Taco Surf 522 Main 41: On Sale Beer/Wine, Eating Est.
27.Town Market Video 526 Main 21: Off Sale general (Retail) —
RECENT CHANGES:
1. Patron's, located at 221 Main#A, an On Sale General Eating Establishment, has
closed.
2. Joker's, located at 200 Main#I01A, an On Sale Beer/Wine Eating Establishment, has
closed.
3. Sunset Mediteranean Grill, located at 200 Main#105,had a Type 41 ABC License
revoked in February,but the owner had won an ABC Lottery for a Type 47 License,
and is currently operating as an On Sale general Eating Establishment.
4. The H.B. Beer Company has changed from a Type 23 ABC License (Small Beer
Manufacturer),to a Type 75 License(On Sale General, Brewery).
I
EXPECTED/PROPOSED CHANGES:
1. The owner of Sunset Mediteranean Grill is Attempting to transfer his business to the
site vacated by Patron's, and has signed a lease agreement to do so. Problems are
expected as his new ABC License is not transferable, and would require him to obtain
a new ABC License,New CUP and new Entertainment Permit for the new location.
This would have to be reviewed by the City, and subjects his business to strict
conditions if warranted, or protest to ABC based on past problems with his business
practices.
2. The site previously occupied by Joker's,has reportedly been purchased by "Mut
Lynch's", a Newport Beach eatery,with an On Sale Beer/Wine Lic., who is seeking
to sub-lease the site. It is not known what may occupy the location.
3. Perq's is seeking to expand to the upper floor above the current Bar.
4. 119 Main is undergoing earthquake retro-fitting, and will possibly open as restaurant,
perhaps with an ABC License once renovations are complete.
5. 211 Main, operated as the China Wok, is working to change to the "El
Tonto Express, with a Beer/Wine License.
6. 300 Main, numerous prospective businesses are anticipated for the new site, including
"Woodie's Boat House", anticipated for the corner suite at Olive/Main. It is expected
to be an eatery,with an On Sale General License. The "California Pizza Kitchen"
was a prospective business who recently fell out of contention at the same site.
7. Taxi's Bar at 318 Main is attempting to sell the bar to concentrate on other retail
Interests, not involving ABC Licenses. His lease is up in June 2000, and is expected
to quit the business if the bar does not sell by expiration of the lease.
8. Brewbakers has applied to change their conditions with ABC to allow for
Consumption of beer on-site, as well as to allow for entertainment.
ATTACHMENT 12
EXISTING "BONA FIDE" EATING ESTABLISHMENTS
WITH ALCOHOL SALES
RESTAURANT ADDRESS
1. B's Chicago Pizza 200 Main Street, Ste. 101
2. Sunset Grill & Cafe 200 Main Street, Ste. 105
3. The Brick Oven Grill 211 Main Street, Ste. "B"
4. Longboard Restaurant 217 Main Street
5. Luigi's Restaurant 221 Main Street, Ste. `B"
6. Taxi's the Tavern 318 Main Street
7. Shore House Cafe 520 Main Street
8. Gallagher's Grill & Pub 300 Pacific Coast Highway, Ste. 113
9. Chimayo's 315 Pacific Coast Highway
10. Duke's Surf City 317 Pacific Coast Highway
ATTACHMENT 13
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ATTACHMENT 14
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ATTACHMENT 15 ,
.J, ' CITY OF HUNTINGTON BLEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To: Mayor and City Council Members //JJ W
Via: Ray Silver, City Administrator
From: Ronald E. Lowenberg, Chief of Police
Date: July 14, 1999
Subject: Downtown Outdoor Dining w/Alcohol (ZTA No. 98-4)
Before you is the proposal to allow the service of alcohol outside on public property in the
downtown area. We have been involved with this issue since the idea first originated
several years ago.
Our original position has been unchanged since then. That is, we don't think it's the right
time to introduce the service of alcohol outside on public property. Problems directly
associated with the consumption of alcohol served inside the premises in the downtown
area have been well documented. Even today, it still creates problems for our officers and
visitors. Just recently one of our employees while trying to enjoy lunch with his family
heard a loud and boisterous construction worker object to an employee's refusal to serve
alcohol outside. His response was, "Without beer, how do you expect me to sit outside
and watch all the babes go by?"
From the beginning it appeared that the proposal was going to move forward, so having
voiced our position we then offered suggestions to help control the outdoor service of
alcohol should the city move in that direction. Several of the suggestions were
incorporated in the original draft, however the final product that has been submitted for
consideration is missing several items that we feel are very important. They are:
1. Alcoholic beverages served outdoors should only be served in glass containers
that contain the name of the establishment. This would help identify the source of
the alcoholic beverage when persons are found walking in the area carrying a drink. In
addition, since marked glassware is more expensive, the servers and management
would have more of an incentive to maintain control of the glassware to prevent them
from leaving the location. If marked glassware continues to be unacceptable, then we
would request that at a minimum all alcoholic beverages be served only in plastic cups
with the establishment's name clearly marked on it.
Page 2
July 14, 1999
Downtown Outdoor Dining w/Alcohol (ZTA No. 98-4)
2. Minimum height of the physical barrier surrounding the dining area should be
no less than 50". This makes it more difficult to pass alcoholic beverages to persons
walking by outside the dining area. Glass could be used for the top half of the barrier
that will preserve the visual aesthetics of the area while making the passage of
beverages more difficult. It would also serve to block the wind in the afternoon and to
deflect the exhaust fumes and noise from passing vehicles. Our original position on
this was a minimum height of 72", which is similar to the barriers installed at
Longboard's. Through negotiation with the owners, we revised our position to 50"
which, we feel, is the absolute minimum height to make it an effective barrier to make
it difficult to pass beverages outside the dining area while seated.
3. Restrict dining areas to those areas directly adjacent to the exterior wall of the
business. This would prevent pedestrians from walking between the front of the
business and the outdoor dining area where alcohol is being served. Not only would
this prevent accidents from occurring between the employees and pedestrians, it would
make it more difficult to pass alcoholic beverages to the persons walking by the
outside dining area.
Members of the Special Investigations Unit recently visited the Third Street Prom in Santa
Monica, and Pine Street in Long Beach. Since many comparisons have been made with
these areas we felt viewing them first hand was necessary. Both of these location are
worthy of emulation however, there are at least three major differences. First, these areas
are part of a very large retail and business district extending many blocks in each direction.
It is truly an upscale area with fine dining and expensive shops. Secondly, not one
restaurant has the sidewalk passing between the front of the business and the serving area.
All are adjacent to the front of the business. Lastly, according to the beat officers in Santa
Monica, the vast majority of the patrons are all well above the legal drinking age so they
don't experience problems with alcohol leaving the premises, thus the barriers delineating
the serving areas are all in the 36" range.
Because of these differences, we feel that the aforementioned suggestions are very
important during the transition phase of our downtown area. One day, as the area
matures, consideration can be given to relaxing some of the conditions.
The Planning Commission submitted several minute actions for Council consideration.
The department supports these measures, especially the provision that requires
establishments to share the cost of enforcing this ordinance including the formation of a
Business Improvement District (BID). Santa Monica utilizes a BID to fund bike patrols,
service officers, additional beat officers, maintenance and special cleaning of the Third
Street Prom. It was created by the city with the help of a private consultant and has
proven to be very successful in originally upgrading and, now, maintaining the area.
Page 3
July 14, 1999
Downtown Outdoor Dining w/Alcohol (ZTA No. 98-4)
Personnel in the Vice Unit of Long Beach were not aware of a BID for the Pine Street
area. The business owners association does privately fund a security officer for the area
who shares time with the businesses. This is done on a voluntary basis and is not the
subject of any permit process.
It's our desire to really turn the downtown into a true destination for everyone to enjoy
while maintaining a safe environment. Only with proper controls in place will the service
of alcohol outside succeed.
REL:BK
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: Zoning Text Amendment No. 98-4
COUNCIL MEETING DATE: August 2, 1999
RCA ATTACHMENTS ` STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Attached
Commission, Board or Committee Report (If applicable) Attached
Findings/Conditions for Approval and/or Denial Attached
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
-City Administrator Initial sr�
-City Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: HZ:SH:PV:kjl
PROOF OF PUBLICATION
STATE OF CALIFORNIA) i
S S NOTICE OF
PUBLIC HEARING
BEFORE THE CITY
County of Orange ) COUNCIL OF THE
CITY OF
HUNTINGTON BEACH
I am a Citizen of the United States and a NOTICE IS HEREBY
GIVEN that on Monday,
August 2,1999,at 7:.%PM
resident of the County aforesaid ,
• I am C the city council
Chambers, 2000 Main
Street, Huntington Beach,
over the age of eighteen years, and not a the City Council will hold a
party to or interested in the below Paving hearing
on the fol-
entitled matter. I am a principal clerk of ZONING TEXT 8-4 AMEAMEND-
MENT NO. 98-4 (DOWN-
TOWN OUTDOOR
the HUNTINCTON BEACH INDEPENDENT a DINING WITH ALCOHOL):Hunt-
i Applicant: City of Hunt-
newspaper of general circulation printed amen Beach Request:dTo
ining
� amend the outdoor dining
standards to permit the
and published in the City of Huntington consumption of alcoholic
beverages on public prop-
Beach, County of Orange, State of erty within the Downtown
Specific Plan Area. Loca-
California, and that attached Notice is a tion: Downtown Specific
Plan Area Project Planner:
true and complete copy as was printed Peter Vanek
NOTICE IS HEREBY
p Huntington Beach GIVEN that the above item
and published I is �ed i n the is categorically exempt
from the provisions of the
and Fountain Valley issues of said California Environmental
newspaper to wit the issue(s) of: Quality Act.
ON FILE: A spy of the
proposed request is on file
in the Planning Depart-
ment, 2000 Main Street,
Huntington Beach, Califor-
nia 92648, for inspection
by the public.A copy of the
staff report will be available
to interested parties at City
July 22 , 1999 Hall or the Main City Li-
brary (7111 Talbert Ave-
nue)after July 30, 1999.
ALL INTERESTED PER-
SONS are invited to attend
said hearing and express
I declare, under penalty ofperjury, that opinions or submit e
p �J Bence for or against the ap-
plication as outlined above.
the foregoing is true and correct. If you challenge the City
Council's action in court,
you may be limited to rais-
ing only those issues you
.or someone else raised at
Executed on July 22 1992_ the public hearingde-
� scribed in this notice,orr in in
at Costa Mesa California. written correspondence
, delivered to the City at, or
prior to,the public hearing.
If there are any further
questions please call the
Planning Department at
536-5271 and refer to the
above item. Direct your
written communications to
the City Clerk.
Connie Brockway,
City Clerk
of
Signature Huntington Beach
2000 Main Street
2nd Floor
Huntington Beach
California 92648
(714)536-5227
Published Huntington
Beach-Fountain Valley
Independent July 22, 1999
074-210
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
NOTICE OF
SS. PUBLIC HEARING
BEFORE THE CITY
County of Orange ) COUNCIL OF THE
CITY OF
HUNTINGTON BEACH
NOTICE 46 HEREBYGIVEN that on -
I am a Citizen of the United States and a August 2,1999 at7:ooPM
in the City Council
resident of the County aforesaid; I am Chambers, 2000 Main
Strover the age of eighteen years, and not a theeCityCoun Coutonncil
Beach,
the City Council will hold a
party to or interested in the below public hearing on the fol-
lowing item:
ZONING TEXT AMEND-
entitled matter. I am a principal clerk of MENT98-4 (DOWN-
TOW N0.N OUTDOOR
DOOR
TOW
DINING WITH ALCOHOL):
the HUNTINGTON BEACH INDEPENDENT, a Applicant: City' of Hunt-
newspaper of general circulation, printed amen Beach Request: To
amend the outdoor dining
standards to permit the
and published in the City of Huntington consumption of alcoholic
Beach County of Orange State of beverages on public
prop-
erty within the Downtown
i Specific Plan Area. Loca-
tion: Downtown California, and that attached Notice is a Plan Area Project Planner
Peter Vanek
true and complete copy as was printed NOTICE IS HEREBY
GIVEN that the above item
and published in the Huntington Beach is categorically exempt
from the provisions of the
and Fountain Valle issues of said California Environmental
Y Quality Act.
newspaper to wit the issue(s) of: o FILE: A Copy of the
propposed request is on file
in the Planning Depart-
ment, 2000 Main Street,
Huntington Beach, Califor-
nia 92648, for inspection
by the public.A copy of the
staff report will be available
to interested parties at City
July 22 , 1999 Hall or the Main City Li-
bra (7111 Talbert Ave-
nue)after July 30,1999.
ALL INTERESTED PER-
SONS are invited to attend
said hearing and express
opinions or submit evi-
1 declare, under penalty of periury, that dence for or against the ap-
plication as outlined above.
the foregoing is true and correct. If you ehal!enge the City
Council's action in court,
you may be limited to rais-
ing only those issues you
or someone else raised at
the public hearing de-
Executed on July 22 , 1994_ scribed in this notice,or in
at Costa Mesa, California. written cotespoyet, or
delivered to the Git a
prior to,the public hearing.
If there are any further
questions please call the
Planning Department at
536-5271 and refer to the
above item. Direct your
written communications to
the City Clerk.
Connie Brockway,
City Clerk
City of
Slpnature Huntinggtton Beach
p 2000 Main Street
2nd Floor
.Huntington Beach
California 92648
(714)536-5227
Published Huntington
Beach-Fountain Valley
Independent July 22,1999
074-210.
10014. 4�
MENIL AL IL
MEETING DATE: August 2, 1999
DEPARTMENT SUBJECT:
REQUESTING:
Planning Conditional Use Permit No. 98-89 (Appeal)
Planning Master Enironmental Impact Report No. 99-1 (Master Plan
of Recreation Uses for Central Park)
Planning Downtown Outdoor Dining With Alcohol
Lv
TODAY'S DATE July 20, 1999
VERIFIED BY
ADMININSTRATION:
APPROVED BY:
Ray Silver
City Administrator
7/20/99 11:13 AM
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday,August 2, 1999, at 7:00 PM in the City Council Chambers,
2000 Main Street, Huntington Beach,the City Council will hold a public hearing on the following item:
ZONING TEXT AMENDMENT NO.98-4 (DOWNTOWN OUTDOOR DINING WITH
ALCOHOL): Applicant: City of Huntington Beach Request: To amend the outdoor dining
standards to permit the consumption of alcoholic beverages on public property within the
Downtown Specific Plan District. Location: Downtown Specific Plan Area Project Planner:
Peter Vanek
NOTICE IS HEREBY GIVEN that the above item is categorically exempt from the provisions of the
California Environmental Quality Act.
ON FILE: A copy of the proposed request is on file in the Planning 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 City Hall or the Main City Library(7111 Talbert Avenue)after July 30,
1999.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submii
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 Department at 536-5271 and refer to
the above item. Direct your written communications to the City Clerk.
Connie Brockway,City Clerk
City of Huntington Beach
2000 Main Street,2nd Floor
Huntington Beach, California 92648
(714) 536-5227
(g:legal s:council:99pv0802)
CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST
SUBJEC'a: 1 WAt FI AI OtJ rt�bdi2- P nl..L`+'1.(i-
DEPARTMENT: � �e MEETING DATE:
CONTACT: �� !� PHONE:
N/A YES NO
( ) k'49 ( ) Is the notice attached?
( ) (K) ( ) Do the Heading and Closing of Notice reflect City Council(and/or
Redevelopment Agency)hearing?
( ) ( ) Are the date, day and time of the public hearing correct?
( ) ( ) If an appeal, is the appellant's name included in the notice?
If Coastal Development Permit, does the notice include appeal language?
Is there an Environmental Status to be approved by Council?
( ) Is a map attached for publication?
( ) ( ) Is a larger ad required? Size
( ) ( ) ( Is the verification statement attached indicating the source and accuracy of the
mailing list?
( ) ( ) Are the applicant's name and address part of the mailing labels?
( ) . Are the appellant's name and address part of the mailing labels?
( ) ( ) If Coastal Development Permit, is the Coastal Commission part of the mailing
labels?
( ) ( ) If Coastal Development Permit, are the resident labels attached?
( ) ( ) Is the Report 33433 attached? (Economic Development Dept. items only)
Please complete the following:
1. Minimum days from publication to hearing date 1 -0
2. Number of times to be published j
3. Number of days between publications
21
a, �s DPP
w L-fh C,�� Co�r7c�'L �euts i OrnS
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY
Table of Contents
1 Permission.............................................................................................................1
2 Term;Fees and Charges........................................................................................1
3 Indemnification, Defense,Hold Harmless ..............................................................2
4 Workers' Compensation Insurance.........................................................................2
5 Insurance................................................................................................................2
6 Certificates of Insurance; Additional Insured Endorsement 3 --....................................
7 Release.................................................................................................................4
8 Waste....................................................................................................................4
9 Maintenance.......................................:...................................................................4
10 Control of Equipment;Animals ............................................................................5
11 Independent Contractor........................................................................................5
12 No Assignment.....................................................................................................5
13 No Title Interest...................................................................................................6
14 Notices.................................................................................................................6
15 No Discrimination................................................................................................6
16 Attorney Fees......................................................................................................7
17 Entirety................................................................................................................7
&499agree:outdoor
ris 99-217
Revised 07/01/99
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY
This agreement is made and entered into on this day of , 199_, by
and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY," and ,
hereinafter referred to as "LICENSEE."
WHEREAS,LICENSEE has applied to CITY for permission to encroach into the public
right of way adjoining LICENSEE'S property, for the purpose of seating additional restaurant
patrons therein; and _
CITY desires to allow such encroachment; and
The parties wish to enter into an agreement defining their respective rights and
responsibilities concerning said encroachment,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. PERMISSION
Permission is hereby given to LICENSEE to enter upon and use the public right of
way as depicted in the map attached hereto as Exhibit "A' (hereinafter referred to as the"Public
Right of Way")for the purpose of providing additional, temporary seating and tables for
LICENSEE'S restaurant patrons. LICENSEE agrees to remove and replace such seating and
tables each day, so that the seating and tables will not be stored or kept in the Public Right of
Way overnight. Alcohol may be served pursuant to the terms of an approved Conditional Use
Permit, and in conjunction with those requirements attached hereto as Exhibit"B" This License
is non-exclusive, and the Public Right of Way shall at all times remain open for use by the public.
1
G*99AgrecOutdoor
Rls 99-217
Revised. 07/01/99
2. TERM:FEES AND CHARGES
The term of this License is one year. Either parry may cancel this License upon 10
days written notice to the other party. In consideration of this License, LICENSEE agrees to pay
to CITY an application fee, a use charge, and an inspection fee in the following amounts:
a) Application Fee: Thirty Dollars($30.00) one time fee.
b) Use Charge: One Cent ($0.01) per square foot of public right of way
encroached upon, for a total use charge of ($ )per year.
c) Inspection Fee: Three Hundred Dollars ($300.00) per year.
3. INDEMNIFICATION.DEFENSE, HOLD HARN LESS
LICENSEE hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs
and demands, however caused, including those resulting from death or injury to LICENSEE'S
employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of _
License herein contained, including those arising from the passive concurrent negligence of CITY,
but save and except those which arise out of the active concurrent negligence, sole negligence, or
the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and
expense.
4. WORKERS' COMPENSATION INSURANCE
Pursuant to the California Labor Code Section 1861,LICENSEE acknowledges
awareness of Section 3700 et seq. of said code, which requires every employer to be insured
against liability for workers' compensation;LICENSEE covenants that it will comply with all such
laws and provisions prior to the encroachment into the Public Right of Way pursuant to this
license.
2
G*99Agee:Outdoor
Rls 99-217
Revised: 07/01/99
LICENSEE shall maintain such Workers' Compensation Insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each
occurrence, One Hundred Thousand Dollars($100,000)bodily injury by disease, each employee,
and Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit, at all
times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY.
5. INSURANCE
LICENSEE shall carry at all times incident hereto, on all activities to be performed
in the Public Right of Way as contemplated herein, general liability insurance, including coverage
for bodily injury, and property damage. All insurance shall be underwritten by insurance
companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers, agents
and employees and all public agencies as determined by the CITY as Additional Insureds.
LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during
the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000)
combined single limit coverage. If coverage is provided under a form which includes a designated
general aggregate limit, such limit shall be not less than One Mullion Dollars($1,000,000). In the
event of aggregate coverage,LICENSEE shall immediately notify CITY of any known depletion
of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY and
agrees to provide certificates evidencing the same.
6. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED
ENDORSEMENT
Prior to the encroachment into the Public Right of Way pursuant to this license,
LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City
Attorney evidencing the foregoing insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each carrier and policy, and shall state
3
G:499AgrecOutdoor
Rls 99-217
Revised: 07/01/99
that the policy is currently in force and shall promise to provide that such policies will not be
canceled without thirty(30) days prior written notice to CITY. LICENSEE shall maintain the
foregoing insurance coverages in force until this Agreement is terminated.
The requirement for carrying the foregoing insurance shall not derogate from the
provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its
representative shall at all times have the right to demand the original or a copy of all said policies
of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance
hereinabove required.
A separate copy of the additional insured endorsement to each of LICENSEE'S
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to the encroachment into the Public Right of
Way pursuant to this License.
7. RELEASE
LICENSEE hereby releases and forever discharges CITY of and from any and all
claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may
hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE
onto the Public Right of Way. This is a complete and final release and shall be binding upon
LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use
of the Public Right of Way. LICENSEE hereby expressly waives any rights under or benefit of
any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this
release nor any payment made hereunder shall constitute any admission of any liability of CITY.
8. WASTE
LICENSEE shall not alter, damage or commit any kind of waste upon the Public
Right of Way or any improvement, equipment or personal property thereon and shall not interfere
4
G*99Agree:0utdoor
Rls 99-217
Revised: 07/01/99
in any manner with the operations or activities of CITY. LICENSEE shall make no change in the
use of the Public Right of Way nor shall the design of the Public Right of Way be changed other
than as authorized herein without prior written consent of CITY. LICENSEE shall not cause any
workmen's or materialmen's liens to be placed upon the Public Right of Way and agrees to
indemnify and hold CITY harmless against any such liens including but not limited to the payment
of attorneys'fees.
9. MAINTENANCE
LICENSEE agrees to care for and maintain the Public Right of Way in good and
satisfactory condition as acceptable to the City. Maintenance shall include daily cleaning of the
Public Right of Way including but not limited to removal of all rubbish, food stuffs, paper, bottles,
cans, gum, cigarettes, animal litter, dirt and sand. At the end of each business day, any and all
furniture, fixtures or other items, permitted and used in the operation of the business shall be
removed from the Public Right of Way. Such items shall not be returned to the Public Right of
Way until the beginning of the next business day. Steam cleaning or high pressure water cleaning
of the Public Right of Way, including the sidewalk, curb and gutter shall be accomplished no less
than once each month or as otherwise directed by the CITY.
In the event LICENSEE does not maintain the Public Right of Way in a
satisfactory manner,LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S
behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to
the LICENSEE. LICENSEE agrees to pay such costs within ten(10) days of billing.
In the event any damage is caused to the Public Right of Way, including any
damage to the brick pavers, hardscape, sidewalks, curb, planters, bollards, landscape, irrigation
include but not be limited to system, street light, street or other utilities improvements, as a result
of the encroachment authorized hereunder,LICENSEE agrees to repair same at its own expense.
5
GA99Agree:Outdoor
Rls 99-217
Revised: 07/01/99
In the event LICENSEE does not comply with all conditions of approval required
by the Conditional Use Permit and relevant Downtown Specific Plan and Downtown Guidelines,
Huntington Beach Municipal Code Section 7.12.05 and other applicable Huntington Beach
Municipal Code Sections, as determined by the Community Development Director, the License
may be canceled on 10 days written notice from CITY to LICENSEE..
10. CONTROL OF EQUIPMENT; ANIMALS
LICENSEE shall keep any equipment used or brought onto the Public Right of
Way under its absolute and complete control at all times and said equipment shall be used on the
Public Right of Way at the sole risk of LICENSEE. LICENSEE shall allow no animals, with the
exception of seeing-eye dogs, within the outdoor dining area.
11. INDEPENDENT CONTRACTOR
LICENSEE agrees that all work done or undertaken by it on the Public Right of
Way shall be for its sole account and not as an agent, servant or contractor for CITY.
LICENSEE agrees to indemnify and hold CITY and the Public Right of Way harmless from and
against all claims or liens of workmen and materialmen.
12. NO ASSIGNMENT
LICENSEE agrees that the permission herein extended shall be personal to it and
that it shall not assign or permit any third party to avail itself of any of the privileges granted
hereunder,without the express written permission of CITY.
13. NO TITLE INTEREST
No title interest of any kind is hereby given and LICENSEE shall never assert any
claim or title to the Public Right of Way.
6
GA99Agree:Outdoor
Rls 99-217
Revised: 07/01/99
14. NOTICES
All notices given hereunder shall be effective when personally delivered or if
mailed,within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and
certified with return receipt requested and addressed to LICENSEE or to CITY at the respective
addresses shown below:
CITY: LICENSEE:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
15. NO DISCRMNATION
LICENSEE agrees that in performance of this Agreement and in the use of the
Public Right of Way authorized hereunder, it will not engage in, nor permit its officers, agents or
employees to engage in, any discrimination or discriminatory practices against any person based
on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition,
marital status or gender.
16. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each parry shall bear its own attorney's fees.
The prevailing party shall not be entitled to recover its attorney's fees.
REST OF PAGE INTENTIONALLY LEFT BLANK
7
G*99AamOutdoor
Rls 99-217
Revised: 07/01/99
16. ENTIRETY
This Agreement contains the entire agreement between the parties. This
Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed
upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
LICENSEE: CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California `
By:
print name
ITS: (circle one)Chairman/PresidentNice President
Director of Public Works
By:
print name APPROVED AS TO FORM:
'
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary-Treasurer
City Attorney
REVIEWED AND APPROVED:
City Administrator
8
• GAMAgree:Outdoor
Rls 99-217
Revised: 07/01/99
EXHIBIT
A
EXHIBIT A
"PUBLIC RIGHT OF WAY"
TO BE PROVIDED AT TIME OF CUP APPROVAL
\. 7 `
�
- l"
EXHIBIT B
LICENSE AGREEMENT -OUTDOOR DINING W/ALCOHOL
STANDARD CONDITIONS
a. Only establishments that are established as a `Bona fide public eating place", as
defined by Section 23038 of the Alcoholic Beverage Control Act, shall be
permitted to serve alcoholic beverages outdoors in accordance with Section 4.2.33
of the Downtown Specific Plan.
b. Serving of alcoholic beverages shall not commence prior to 11:00 a.m. daily. The
latest hour for serving alcoholic beverages and food in the outdoor dining area is
9:30 P.M., or no later that the closing of the associated food service of the
establishment, whichever is first. All alcoholic beverages must be removed from
the outdoor dining area no later than 10:00 P.M, or no later than the closing of the
associated food service of the establishment, whichever is first.
c. All servers employed in serving alcoholic beverages within outdoor dining areas
shall undergo Licensee Education on Alcohol and Drugs (L.E.A.D.) training by
the Department of Alcoholic Beverage Control. The business owner shall submit
proof to that effect to the Planning Department prior to the initial establishment of
alcohol service outdoors and on a quarterly basis for new employees hired within
the previous three months.
d. Establishments which serve alcoholic beverages outdoors are required to provide
a physical barrier 36 inches in height surrounding the outdoor dining area and
designed in a manner that will prohibit passing of alcohol through the barrier.
e. Barriers located on private property in accordance with Section 4.2.33 of the
Downtown Specific Plan as required for serving alcohol outdoors shall be
permanently installed. Barriers located on public property as required for serving
alcohol outdoors shall be designed to be removable in the event that it is deemed
necessary.
f. The cost of installation of the barriers required as specified in Section 4.2.33 of
the Downtown Specific Plan shall be the responsibility of the establishment
providing outdoor dining with alcohol.
g. Restaurants that provide outdoor dining with alcohol service on public property
shall post a cash bond, of an amount determined appropriate by the Planning
Director, to ensure removal of the outdoor dining enclosure.
h. Restaurant management is responsible for running and operating the outdoor
dining area.
i. Outdoor dining areas shall be continuously supervised by management or
employees of the establishment. Food establishments serving alcoholic beverages
must have a supervisor on site at all times. Behavior that disturbs customers or
passerby will not be tolerated and constitutes a violation of these provisions.
1
EXHIBIT B
LICENSE AGREEMENT -OUTDOOR DINING W/ALCOHOL
STANDARD CONDITIONS
j. No servers shall be permitted to serve any food or beverage item from outside the
barriers as required by Section 4.2.33 of the Downtown Specific Plan.
k. Outdoor dining patios are for sit down food and beverage service only; no stand
up, walk-up or pick-up service is permitted.
1. No signs may be placed on or secured to any barrier.
m. There shall be no alcohol served outdoors on July 4t'.
n. Alcoholic beverages shall be served in glass containers only. Each establishment
shall have a number assigned to it, and the number shall be permanently printed in
a clearly identifiable print on each glass container used for serving of alcohol by
that establishment.
o. All outdoor dining sites must be handicapped accessible.
p. At the termination of the License Agreement, the outdoor dining barriers must be
removed and the sidewalk returned to its original condition.
q. A review of the use shall be conducted by the Staff within six (6) months of the
issuance of the conditional use permit to verify compliance with all conditions of
approval and applicable Chapters of the Huntington Beach Zoning & Subdivision
Ordinance (HBZSO). If the six (6) month review determines any violations of the
conditions of approval or any applicable Chapters of the HBZSO or Huntington
Beach Municipal Code, the conditional use permit shall be scheduled for a
revocation hearing before the Zoning Administrator. At that time the Zoning
Administrator may revoke the conditional use permit or consider modifications to
the conditions of approval.
r. Any violation of any condition of the applicable Conditional Use Permit, the
Huntington Beach Municipal Code, or the Zoning and Subdivision Ordinance,
shall be grounds for initiation of the revocation process for the Conditional Use
Permit, and termination of the License Agreement.
2
DLJTD,06 lr -
��-n
Downtown City Council SubCommittee Ms. Joyce Riddell,President Ms. Diane Baker
Mailing Labels Chamber of Commerce HB Conference&Visitors Bureau
4/16/99 2100 Main Street Ste 200 101 Main Street Ste 2A
(Updated) Huntington Beach, CA 92648 Huntington Beach, CA 92648
Ms. Marie St. Germain Mr. Steve Daniel Ms. Judy Legan
Downtown Residents Association Downtown Business Association Orange County Association of Realtors
505 Alabama 200 Main Street No. 106 25552 La Paz Road
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Laguna Hills, CA 92605
President Mr. William Holman President
Amigos De Bolsa Chica PLC Huntington Beach Tomorrow
PO Box 3748 23 Corporate Plaza, Ste. 250 411 6th Street
Huntington Beach, CA 92605 Newport Beach, CA 92660-7912 Huntington Beach, CA 92648
President,HB Historical Society Chairperson Ms. Patricia Koch
c/o Newland House Museum Historical Resources Board HB Union High School District
19820 Beach Blvd. Community Services Department 10251 Yorktown Avenue
Huntington Beach, CA 92648 Mike Mudd Huntington Beach, CA 92646
Ms. Susan Roper Dr.Duane Dishno Mr. Jerry Buchanan
HB Union High School District HB City Elementary School District HB City Elementary School District
10251 Yorktown Avenue P.O. Box 71 P.O. Box 71
Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Mr. Bob Mandic Mr. Jeff Bergsma Mr. Dick Harlow
16242 Pisbury Circle Team Design 211 -B Main Street
Huntington Beach, CA 92649 215 Main Street, Ste. A Huntington Beach,. CA 92648
Huntington Beach, CA 92648
Mr.Bruce Shapiro,Principal Mr.Ronald Davis Mr.Doug Campbell
Arizona Partners 632 Frankfort Ave. 507 Pierside Circle
3200 N. Central Ave. Ste. 2450 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Phoenix, Arizona 85012
Mr. Mike Adams Mr. Bob Bolen Ron&Estelle Roberts
19771 Sea Canyon Circle 1818 Pine Street 220 Hartford Ave.
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
John Given
CIM Group
10960 Wilshire Blvd. Ste. 500
Los Angeles, CA 90024
(g:jan/labels)
PAGE 2 NOTE: Also print and s out Bannister&Associates Insurance
Downtown City Council Sub Committee >DG:
to do wn business Doug Bannister
Mailing Labels nts) 305 17`1i Street
Huntington Beach, CA 92648-4209
downtown/dwtnbs
Committee Member Committee Chair Committee Member
Ms. Pam Julien Ms. Shirley Dettloff Mr. Dave Garofalo
Council Member Council Member Council Member
Mr. Daryl Smith Mr. Ray Silver Mr. Rich Barnard
Parks,Trees&Landscape City Administrator Deputy City Administrator
Mr.Herb Fauland Mr. Howard Zelefsky Ms. Melanie S. Fallon
Senior Planner Planning Director Asst. City Administrator
Mr. John Reekstin Ms. Gail Hutton Ms. Connie Brockway
Administrative Services Director City Attorney City Clerk
Ms. Shari Freidenrich Mr. Ron Hagan Mr.David C.Biggs
City Treasurer Community Services Director Economic Development Director
Mr. Mike Dolder Mr.Ron Lowenberg Mr.Robert Beardsley
Fire Chief Police Chief Public Works Director
Mr. Ron Hayden Ms.Linda Pitteroff Lt. Tony Solicito
Library Services Director City Council Secretary Police Department
(g:jan/labels)
PAGE 3
Downtown City Council SubCommittee
Mailing Labels
Doc#G:Jan/downtown/dwtnbs
Mr. Oliver Cagle Mr. John S. Given Mr. Steve Bone
Capital Pacific Holdings CIM Group,LLC The Robert Mayer Corporation
4100 MacArthur Blvd., Ste. 200 10960 Wilshire Blvd., Suite 500 660 Newport Center Dr., Suite 1050
Newport Beach, CA 92658-7150 Loa Angeles, CA 90024 Newport Beach, CA 92658-8680
Lisa Chiu Mr. Keith Bohr Mr. Jeff Bergsma
The Independent Newspaper 415 Town Square Lane,No. 219 Team Design
18682 Beach Boulevard, Ste. 160 Huntington Beach, CA 92648 215 Main Street, Ste. A
Huntington Beach, CA 92648 Huntington Beach, CA 92648
Mr. Peter Winterfelt
226 Eleventh Street
Huntington Beach, CA 92648
Mr. John Tillotson Mr. Mike Abdelmuti
JT Development,LLC Abdelmuti Development Company endas in all City Coun
15272 Bolsa Chica Rd. 101 Main Street Plannin missioners Plann
Huntington Beach, CA 92649 Huntington Beach, CA 92648 mail boxes
(g:jan/labels)
Burger King B.J.'s Chicago Pizzeria Baskin Robbins Ice Cream Parlor
Barry Ellerbroek 200 Main Street, Suite 101 Steve Daniels
101 Main Street, Suite 410 Huntington Beach, CA 92648 201 Main Street, Suite"B"
Huntington Beach, CA 92648 Huntington Beach, CA 92648
China Wok Restaurant Holly's Yogurt Sugar Shack Cafe
Becky Chen 213 Main Street 213 1/2 Main Street
209 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648
Huntington Beach, CA 92648
Noah's Bagels Jan's Health Bar Pete's Mexican Food
215 Main Street Jan Gaffney and Aaron Pai Pedro C. Ambriz
Huntington Beach, CA 92648 300 PCH, Ste. 104 213 5th Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648
Longboard Supreme Donuts Jamba Juice
Bruce Milliken Veng Chau Jamba Juice&Elizabeth Koh
217 Main Street 602 Pacific Coast Hwy. 101 Main Street, Suite 109
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Sunset Grill Arturo Galindo, Jr. Java Jungle
Martin Jaconi Las Golondrinas Mexican Food 602 Pacific Coast Hwy.
200 Main Street, Suite 105 501 Main Street Huntington Beach, CA 92648
Huntington Beach, CA 92648 Huntington Beach, CA 92648
Starbucks Inc. Brick Oven Pizza Chimayo Restaurant
221 Main Street 211 Main Mr. Rudy Pollak
Huntington Beach, CA 92648 Huntington Beach, CA 92648 567 San Nicolas Ste. 400
Newport Beach, CA 92660
Duke's Dwight's Beach Concession Gallagher's Pub
317 PCH 201 PCH 300 PCH, Suite 113
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
The Grinder Aloha Grill Huntington Beach Beer Company
21002 PCH 221 Main Street, Suite F Mr. Peter Andriet
Huntington Beach, CA 92646 Huntington Beach, CA 92648 201 Main Street, Suite E
Huntington Beach, CA 92648
Hurricane's Bar&Grill Jack's Beach Concession TS Restaurants
200 Main Street, Suite 201 21291 PCH Mr. Bill Parsons
Huntington Beach, CA 92648 Huntington Beach, CA 92648 225 Plaza Street, Ste. 300
Solano Beach, CA 92075
Luigi's Louise's Trattoria Mr. K's Karaoke
201 Main Street 300 PCH, Suite 202 300 PCH, Suite 112
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
(g:jan/labels)
Papa Joe's Pizza Perqs Sports Bar Palm Court—Waterfront Hilton
508 PCH 117 Main Street 21100 PCH
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Ruby's Surf City Diner The Shed The Shore House Caf6
1 Main Street 210 5"'Street 520 Main Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Studio Cafe Subway Taco Bell
300 PCH, Suite 201 300 PCH 116 Main Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Taco Surf Taxi's Tavern Vic's Beach Concession
522 Main Street 318 Main Street P.O. Box 488
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Wahoo's Fish Taco 24 Hour Fitness
120 Main Street 303 Third Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648
Advanced Marketing International American Vintage Clothing Angelo's Beauty Supply& Salon
300 PCH, Suite 406 201 Main Street, Suite C 221 Main Street, Suite D
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Annie's Nails Baskin Robbins Beach Island
501 Main Street, Suite F 201 Main Street 127 Main Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Beach Store Leia's Boutique Beachcombers Brewbakers
200 Main Street, Suite 114 207 Main Street 412 Walnut
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Surf City Candy Catwalk Mr. Don Galitzan
101 Main Street, Suite 111 205 Main Street 218 5 h Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Chuck Dent Surf Center The Closet Clothes Minded
222 Fifth Street 116 %2 Main Street 200 Main Street, Suite 104
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
(g:jan/labels)
Coastline West Realty Color Me Mine Ceramics&Pottery Continental Cleaners
218 Fifth Street 109 Main Street 411 Main Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Dairy Queen Diamond Lane Diane's
102 PCH 122 Main Street 300 PCH, Suite 103
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Disc-Go-Round Edward's Pierside 6 Cinemas El Don Liquor&Deli
200 Main Street, Suite 113 300 PCH 470 PCH
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Espresso Roma Farmers Insurance First Bank
101 Main Street, Suite 113 P.O Box 228 501 Main Street, Suite H
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
GNC General Nutrition Center Golden Spoon
200 Main Street, Suite 102 300 PCH, Suite 106A
Huntington Beach, CA 92648 Huntington Beach, CA 92647
Gotsie's Trading Company Great Western Sanitary Huntington Surf&Sport
207 Fifth Street 328 Main Street 300 PCH
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Huntington Beach Art Center Huntington Beach Realty
538 Main Street 322 Main Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648
Jax Bicycle Center International Surfing Museum Jack's Garage
401 Main Street P.O.Box 782 101 Main Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Jack's Surfboards Java Jungle Java Point Coffee
101 Main Street 602 PCH 300 PCH
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Juice It Up Katerina's Law Offices of Ronald Davis
200 Main Street, Suite 114 300 PQ��Fi� ��j �cuy 300 PCH, Suite 410
Huntington Beach, CA 92648 clo�� 0 Huntington Beach, CA 92648
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Lewis TV Lucy's Alterations Mail Boxes Etc.
326 Main Street 504 Main Street, Suite B 18685 Main Street, Suite A
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Mailbox Station Main Street Dry Cleaners Main Street Eyewear&Boutique
419 Main Street 504 Main Street 200 Main Street, Suite 107
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Main Street Hair Co. Main Street Tanning& Skin Spa Makin' Waves
200 Main Street, Suite 108 501 Main Street, Suite B 320 Main Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Mandic Motors Merrilee's Michael's Surf& Sport
424 Main Street 124 Main Street 414 PCH
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Montgomery Jewelers Native Waves Pier Realty
501 Main Street, Suite G 221 Main Street, Suite E 200 Main Street
Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648
Pierside Dentistry Pierside Gallery Pristine Porsche
501 Main Street, Suite A 300 PCH, Suite 107 A 225 Fifth Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Robert August Surfboards Rockin' Fig Surf Headquarters Rocky Mountain Chocolate Factory
300 PCH, Suite 101 316 Main Street 200 Main Street, Suite 106
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Sakal Surfboards Salon 218 Sammy's Pet Grooming
201 Main Street, Suite A 224 Fifth Street 508 Main Street, Suite A
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
Sea Nails Streetlight Espresso Cafe
200 Main Street, Suite 117 201 Main Street, Suite D
Huntington Beach, CA 92648 Huntington Beach, CA 92648
Sun `N' Sands Motel Sunshine Suit Co. Surf City Casuals
1102 PCH 123 Main Street 205 '/z Main Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
(g:jan/labels)
VIP Cellular&Paging Co. Surf City Sports Chiropractic Town Market and Video
504 Main Street, Suite C 411 Main Street, Suite B 526 Main Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648
U.S. Post Office
316 Olive
Huntington Beach, CA 92648
(g:jan/labels)
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Connie Brockway, City Clerk
City of Huntington Beach
Office of the City Clerk
P.O. Box190
Huntington Beach, CA 92648
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Connie Brockway, City Clerk
City of Huntington Beach `I- Lei 7�tc co
Office of the City Clerk
P.O. Box 190
Huntington Beach, CA 92648 �.
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17351 Lee Cir.
9y Huntington Beach, CA 92647
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CITY of HUNTINGTON BEACH
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P.O. Box 190 California 92648
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RONALD D. DAVIS
ATTORNEY AT LAW
300 PACIFIC COAST HIGHWAY,SUITE 410 (714)536-4865(VOICE)
HUNTINGTON BEACH,CALIFORNIA 92648-5122 (714)536-0062(FACSIMILE)
July 26, 1999
y =a
Connie Brockway, City Clerk
Huntington Beach City Council
2000 Main Street
Huntington Beach, CA 92648 ~'
c7
Re: Outdoor Dining with Alcohol
Dear City Clerk and Members of the Council;
I was concerned about several of the comments I heard at the
Study Session concerning outdoor dining with alcohol . There seems
to be a misconception that that proposal is merchant generated,
rather than community generated. As a result, there is a
temptation to suggest that because the collection of merchants have
not been as responsive to the City as the City would have liked the
merchants to be on a number of issues, therefore the City ought not
be responsive to the merchants with regard to outdoor dining, until
the merchants get their collective act together. In my view, this
thinking is wrong.
In general, I believe that the Downtown exists for the benefit
of the citizens and the City, rather than the benefit of the
specific merchants who exist in the Downtown area. The merchants
are little more than an economic arm of the community, whose
purpose is to provide goods and services desirable to the community
at large, and to generate revenue for the benefit of City' s
citizens .
Thus, when I hear a merchant say that if the City doesn' t do
thus and so, because it will negatively impact their business,
their argument often falls on my deaf ears . The City doesn' t exist
for the benefit of the merchants, but the merchants exist for the
benefit of the City and its citizens .
Outdoor dining with alcohol is either generally beneficial to
the Downtown as an area, and hence the community at large, as both
a sales tax generator and a desirable adult-tourist-generating
1
concept, or it is not. It has absolutely nothing to do with
rewarding or punishing merchants, and everything to do with
generally attempting to upgrade the Downtown and the City' s sales
tax revenue through an adult population.
Chimayo, Duke' s and Ruby' s were not permitted for the benefit
of Chimayo, Duke' s or Ruby' s, but for the sales tax benefit for the
City and an ambiance-benefit to the community. Suggesting that we
not construct these establishments because the merchants generally
had not been responsive on certain issues, or formed a Business
Improvement District when asked, would merely have shot the
community and the City in the foot, in the name of sending an
object lesson to the merchants which would have never been
received.
Denying the City the revenue and ambiance generated by outdoor
dining with alcohol as a device to get the merchants on board, will
never get these fragmented merchants on board, but merely deny the
City and its citizens any benefit associated with the activity.
I recognize that the City has spent considerable money on and
considerable attention to the Downtown, and that neither the money,
nor the attention has produced the desired results .
At this juncture, many in the community see the problem as an
enforcement problem. In other words, through vigorous enforcement
we can eliminate the young people and others who contribute
problems to the area.
While enforcement may achieve that result, the enforcement
argument tends to ignore the makeup of the downtown left after
certain negative influences are eliminated through enforcement .
Thus, it is appropriate to ask whether, after enforcement, our
downtown will still consist of a Main Street consisting of Burger
King, Taco Bell, sandwich shops, yogurt shops, and T-shirt
boutiques . Those who advocate enforcement as the panacea fail to
recognize that when all is said and done, we are left with a
downtown area with the above described make-up. The question is,
does that downtown inspire adults from Long Beach, Garden Grove, or
even north of Adams to visit the downtown area?
The reality is that once we rid ourselves of whatever we
subjectively believe the undesirable element to be, will we now
present a Main Street with desirable activities for an adult
population?
2
Some would suggest that the presence of an "undesirable
element" downtown is the reason a more desirable element does not
exist downtown. Such is not the case.
More desirable populations visit a given area in response to
a number of conditions . Certainly safety is part of that equation,
but no matter how safe the area, adults will not frequent an area
unless the area offers those adults something of interest to them.
As an example, we could make a kiddie carnival a safe as possible,
but it is highly unlikely that substantial numbers of adults,
without children or grandchildren, will visit the attraction. I
submit that a very safe Main Street, devoid of any undesirable
element, which consists of the common garden variety burger or taco
joints interspersed with yogurt and T-shirt shops are not the kinds
of goods or services which motivate large numbers of adults to
visit the area.
If adults are 'not attracted to Main Street in response to the
goods and services described above, merchants have no reason to
change their goods and services to appeal to a non-existent or
barely existent adult population. As a result, merchants will
continue to appeal to the existing population which seems to
support fast-food, sandwiches, yogurt and T-shirts, by supplying
more of the same. Thus, fast-food, sandwiches, yogurt and T-shirt
businesses will expand, and with it a population which thrives on
those goods and services .
By way of analogy, if for years the City put cat food in a
park, after a while, cats would become the predominant pet
population in the park. The presence of cat food would cause the
number of cats to increase. The presence of more cats would
require more cat food. More cat food would translate into even
more cats .
Some would reason that the absence of dogs in the park is
associated with the substantial presence of cats . That reasoning
is flawed. Dogs, which don' t eat cat food, won' t come to the park
because they have nothing to eat .
Reducing or eliminating cat food will surely reduce the number
of cats, but by itself, will do nothing to increase the dog
population. Further, providing enforcement which reduces the
number of "undesirable" cats, does nothing to promote a canine
population.
3
Stretching the analogy further, the City is confronted with a
downtown which has historically appealed to cats . Since they have
always been the predominant population, it comes as no surprise
that despite new buildings and renovation of the downtown, these
changes didn' t change the predominant population. Nice buildings
didn' t cause the merchants to sell dog food in the face of an
overwhelming cat population. Nice buildings created more
merchants, selling more cat food, resulting in more cats .
What often gets ignored is that a merchant' s primary goal is
to earn a living. In that context, they must weigh their time and
effort in changing an area versus the specific positive returns
associated with their business . While I surmise that many
merchants appreciate the potential individual benefit of a more
positive downtown environment, the amount of effort necessary to
achieve a more positive downtown environment, is Herculean when
compared to the return. While individually the merchants may
criticize the predominant population, and wish for something
better, we should be ever mindful that the reason they located
their stores and shops in a given area wasn' t to change to
predominant population in the area, but to sell goods and services
to the existing population. Thus, the issue for the merchants is
not how to induce dogs into an area where the predominant
population is cats, but how to sell more cat food.
Regrettably, the responsibility for changing the downtown for
the benefit of the City and its citizens falls on the City.
It is this ever increasing spiral of cats, and few dogs, which
I hope the City will impact by allowing outdoor dining with
alcohol .
The City is virtually incapable of ordering the merchants what
and what not to sell . Thus, while it might be nice to wish we had
a Barnes & Noble, or a Banana Republic in the downtown area, that
can never exist so long as cats refuse to read or purchase upscale
clothing. The reality is that merchants will seldom compete by
trying to entice another population downtown, when it is easier and
presents less economic risk to sell to the existing population.
If the City owned all of the shops on Main Street, it could
dictate the kinds of goods and services offered to patrons, and
thus slowly redirect the population. Because the City owned the
Duke' s site, and because the City had a vested interest in the
4
downtown, it had the control necessary to dictate the kind of goods
and services offered by both Duke' s and Chimayo. In effect, by the
City' s decision, the City created an activity which appealed to a
certain population, thus promoting that population. In effect, the
City decided to appeal to my fictional dogs, rather than the
existing cats, and succeeded handsomely.
Unfortunately, the existence of dogs on one side of PCH, has
not been sufficient to offset the number of cats on the other side
of PCH. The small ratio of dogs on one side of PCH versus the
large ratio of cats on the other side of PCH has not been
sufficient to cause the purveyors of cat food on Main Street to add
significant amounts of dog food to their mix of goods and services .
The absence of outdoor dining with alcohol has in fact
contributed to the problem. By restricting the outdoor menus of
restaurants, we have forced the restaurants to focus on down and
dirty faire, since chops, steaks and seafood rarely are sold in
conjunction with a glass of milk, ice tea, or sodas .
I put outdoor dining with alcohol in my "dog food" category,
which is designed to increase the doggie population, not by
reducing the number of cats, but by offering something for dogs .
My experience has been that outdoor dining has been moderately
successful . Only moderately so, because the City has restricted
the restaurants' menus . Any expansion of the current outdoor
dining, because of the menu limitations and because of the
predominant cat population, is likely to appeal to cats rather than
dogs .
Outdoor dining with alcohol, on the other hand, will appeal to
more adults . There is a significant adult population which
frequents Pine Avenue, Third Street Promenade, and Pasadena,
specifically because they can sit outside and enjoy a glass of wine
with their meal . Since this activity does not exist in Huntington
Beach, those dogs are sent packing to cities other than Huntington
Beach, to pay sale' s tax in those jurisdictions, put money in their
parking meters, and browse in their shops .
What is also interesting about outdoor dining with alcohol is
that rather than focusing a menu and service on what is cheaper and
quicker, those restaurants tend to focus on a dining experience.
5
The adults frequenting these establishments will not be
content with enjoying a burger with a beer, and the restaurants
will respond by offering better faire. Better faire translates
into higher prices, which in turn means higher profits . Higher
profits and higher prices, means more tax revenue . Higher prices
may also reflect an more upscale customer.
Put in its simplest terms, if only two outdoor dining
establishments upgrade in this fashion, we eliminate two activities
which appeal to cats and replace them with two activities which
appeal to dogs . The success of these two establishments, will
cause other establishments to follow suit, thus creating a
different spiral .
There are those who suggest that we are not Pine Avenue. In
support of their assertion they present 1999 photographs of the
area in contrast to Main Street Huntington Beach. These photos
ignore the Pine Avenue of 10 years ago, when outdoor dining with
alcohol was first introduced. I suspect that the upscale
restaurants which currently exist on Pine Avenue would not have
located on Pine Avenue without a change in Long Beach' s ordinance.
There are others who put their hope for Main Street based on
the sales pitch of CIM. Assuming their success on blocks 104 and
105, their success will be all the greater with outdoor dining with
alcohol, and without it, Main Street will be still be relegated to
a collection of fast-food establishments and T-shirt shops .
I'm not naive enough to believe that there won' t be problems
associated with the activity. When we build roads, we do so with
the expectation that there will be accidents . Accidents that
wouldn' t have occurred on the road, but for the existence of the
road. The test is whether the proposed activity provides more
benefits, on balance, than the negatives impacts it creates .
I agree that we should not solve a problem, by creating a more
significant problem elsewhere. However, in that connection, the
Council should be skeptical of drawing conclusions from certain
alcohol related problems in the downtown area .
While a drunk individual at 2 a.m. , in our Main Street
fountain, is deplorable, I fail to see the relationship between
that and outdoor dining with alcohol . My guess would be that that
6
individual was going to get drunk regardless, and would have gotten
drunk, outdoor dining notwithstanding.
While I agree that with outdoor dining with alcohol, that
individual could have gotten drunk on our sidewalk as readily as he
did at home or in one of our bars, drunkenness isn' t promoted by
outdoor dining, but by the personality of the individual . To those
inclined to engage is such activity in connection with outdoor
dining, a license agreement, which is readily revoked, is the best
management tool to ensure that such conduct does not take place in
these establishments . Establishments which will rely on turning
the table over for dinners, rather than having the person remain
for drinks .
History seems to have been kind to cities who have adopted
outdoor dining with alcohol . All claim varying levels of success,
and note minimal problems . To be sure, they all present different
geographical areas and demographics, and some have BID' s while
others do not . For those who look for an excuse to vote against
this proposal, you can readily point to the differences between
Huntington Beach and the other communities offered as examples, as
reasons to reject the proposal .
It is my belief that the Council ought to take a chance on
making our downtown a better downtown for both the City and the
citizens, by adopting the proposal . No one can offer guarantees
that adoption will produce the hoped for results anymore than
someone can guarantee that it won' t. For those who do want
guarantees, I feel certain that without the adoption, I can
guarantee a Main Street consisting of a collection of fast-food,
yogurt, and T-shirt shops . You be the judge as to whether that
kind of downtown is in the best economic interest of the City and
serves the greater good of the citizens .
I remind you that we can never expect a change in the City,
without changing the City. While I am optimistic about blocks 104
and 105, that optimism doesn' t mean that the City should ignore
other potential positive steps, which can also have a positive
impact on the Downtown.
By adopting this proposal, the City is not constructing a
pier, or permanent buildings through redevelopment which are almost
impossible to tear down if things don' t work as expected, but
changing an ordinance, which if things don' t work out as
7
anticipated, can be always be changed back to reflect the status
quo later. 30 years ago, man walked on the moon. We did so
because we dared to try.
I
ruly yours,
D. Davis
8
i, CITY OF HUiVTINGTON BEACH
' 2000 MAIN STREET CALIFORNIA 92648
P. O. BOX 70 POLICE [DEPARTMENT Tel: (714) 960-8811
RONALD E. LOWENBERG
Chid of Police
RECEIVED FROM bf N
AND MADE A PART OF THE RECORD,�qq THE
COUNCIL MEETING OF---
F— X�2��
May 15, 1998 OFFICE OF THE CITY CLERK~�
CONNIE BROCKWAY,CITY CLERK
Dear Downtown Merchant:
Recently disturbances in the downtown area have increased significantly. Many of these
incidents can be directly related to the over-consumption of alcoholic beverages. Most
of the disturbances are occurring at, or shortly before, bar closing time. This has led us
to believe there is a likelihood some of the participants became inebriated and/or were
continued to be served, after becoming inebriated, in one of the downtown alcohol
licensed establishments. As you are well aware, the Business and Professions Code,
as it relates to Alcoholic Beverage Control, prohibits the serving of an alcoholic
beverage to intoxicated people. The penalties for violation of this statute are severe and
could include the suspension of a liquor license.
In addition, instances of over-crowding have been discovered lately, in violation of the
Uniform Fire Code. Also, any disturbances which can be connected to a specific
iic,:nsed location are being repoitetl 0 A.Icoh"� Sevemge Control. This could result in
the loc3tion being declared a "disorderly hcuse," and again, suspension of 'tile liquor
license could result.
The Huntington Beach Police Department is requesting your cooperation in reducing the
incidents of peace disturbances in the downtown area. Please remind your employees
they are not to continue to serve' intoxicated people; that identification is to be
thoroughly scrutinized to determine the customer is not under age; and that they should
know how many people are in the building at all times, to prevent over-crowding.
In an effort to control this situation, the police department will be assigning additional
officers to the downtown footbeat, as well as staggering their hours. Undercover
officers will periodically monitor all alcohol licensed establishments to ensure compliance
with the above listed laws.
Your cooperation in this matter will be greatly appreciated.
Si rely,
RONALD E. LO NBERG
Chief of Police
REL:TS:bmr
DRUG USE
Is
L.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
P.O. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811
RONALD E. LOWENBERG
Chief of Police
July 23, 1998
Dear Downtown Merchant:
In May of this year, a letter was distributed to the Downtown Merchants asking
for your assistance in curbing the problems in the downtown area, due to the
over-consumption of alcoholic beverages. A copy of that letter is attached.
Alcohol related problems in the downtown area are increasing, to the point that
the safety of both the citizens and the officers in the downtown area is in
jeopardy. As a result, a task force has been formed to work with the downtown
footbeat officers. There will be a "zero tolerance" policy as it pertains to alcohol
and related offenses.
If you have any questions reg�rding this pi oblem, or you have any suggestions,
please contact Lieutenant Tony Sollecito, the South Area Commander, at
telephone number (714) 374-1531.
Again, your cooperation in this matter will be greatly appreciated.
Sincerely,
rRONALD E. LO ENBERG
Chief of Police
REL:CP:bmr
Attachment
DRUG USE
IT E cftft�l
HCA
UNTIN
AII6 r0 2�Pci� 4b
Downtown
Outdoor
Dining with
Alcohol
Zoning Text Amendment
No. 98-4
Outdoor Dining with Alcohol
❑ ZTA 98-4 is a request to permit the
consumption of alcohol within outdoor
dining areas on public property
❑ Purpose
o To allow alcohol in outdoor dining areas on
public property
o To develop an appropriate process
2
Outdoor Dining with Alcohol
o To develop the appropriate locational
criteria
o To develop an aesthetic and compatible
enclosure
o To develop appropriate conditions of
approval
3
Outdoor Dining with Alcohol
❑ Downtown Council Sub-committee
directed staff to draft an ordinance in
1997
❑ Staff surveyed other cities to
understand how they regulate outdoor
dining with alcohol
4
Outdoor Dining with Alcohol
❑ Staff invited downtown merchants,
residents, department representatives
and interested parties to a series of
meetings
❑ Staff drafted an ordinance and standard
conditions of approval for each request
with varying community interests in
mind
5
Outdoor Dining with Alcohol
❑ Downtown Residents expressed
concerns with respect to the height of
the enclosure, the purchase of food
with alcohol, and the locational criteria
for the outdoor dining areas
6
Outdoor Dining with Alcohol
❑ The Downtown Merchants expressed
concerns relative to the height of the
enclosure, the locational criteria, the
cash bond for removal of the
equipment, the containers, and required
management and supervision
Outdoor Dining with Alcohol
❑ On June 9., 1999 the Planning Commission
recommended approval of the zoning text
amendment with modifications
❑ Planning Commission action utilizes the
License Agreement as the primary
regulatory document,, in conjunction with
a Conditional Use Permit
❑ The following are the outstanding issues :
8
Enclosure Height
Planning Staff Police
Commission Recommendation Department
Recommendation Recommendation
Variable height 42 inch high 50 inch high
of 36 inches to enclosure enclosure
40 inches
9
Hours of Operation
Planning Staff Police
Commission Recommendation Department
Recommendation Recommendation
Remove all Concur with Concur with
alcohol at Planning Planning
10:00 p.m.; No Commission Commission
alcohol on July
4th
10
location of Outdoor Dining
Planning Staff Police
Commission Recommendation Department
Recommendation Recommendation
No change to Contiguous to Contiguous to
existing the building the building
standards
Purchase of food w/ beverage
Planning Staff Police
Commission Recommendation Department
Recommendation Recommendation
Only Bona Fide Concur with Provide a
eating Planning definition of a
establishments Commission meal and limit
would be the amount of
eligible alcohol
12
Alcohol Containers
Planning Staff Police
Commission Recommendation Department
Recommendation Recommendation
No requirement Require glass Require glass
specified containers containers
with the name with the name
imprinted on imprinted on
each glass each glass
13
Outdoor Dining for Bars
Planning Staff Police Department
Commission Recommendation Recommendation
Recommendation
Eliminate Concur with Concur with
drinking Planning Planning
establishments Commission Commission
(bars)
14
Requirements for Businesses
to Provide Outdoor Dining
Planning Staff Police Department
Commission Recommendation Recommendation
Recommendation
Require a Require a No rec,
conditional use conditional use
permit (CUP) permit (CUP) and
and license license
agreement agreement
15
Maintenance of Outdoor
D ining Areas
Planning Staff Police Department
Commission Recommendation Recommendation
Recommendation
Require Concur with Concur with
monthly steam Planning Planning
cleaning or Commission Commission
high pressure
water cleaning
16
Minute Actions
❑ Fund a Code Enforcement Officer to
work Friday through Sunday
❑ City Council adopt a "Zero Tolerance,"'
policy
❑ Review the ordinance following the
Summer of the year 2000
❑ Review the license agreements at the
same time annually
Minute Actions (cont. )
❑ Establishments shall pay a pro-rated
share of the cost of enforcement
❑ City Council should evaluate the
possibility of forming a Business
Improvement District (BID)
❑ City Council should adopt a policy that
states the service of alcohol on public
property is a privilege
18
I
Outdoor Dining with Alcohol
❑ Staff recommendation :
0 42 inch high enclosure
o Outdoor dining adjacent to building
o Alcohol containers made of glass and
establishment name printed on each glass
o Utilize License Agreement as primary
regulatory document in conjunction with a
Conditional Use Permit (CUP)
19
End of Presentation