HomeMy WebLinkAboutOUTDOOR SALES TEMPORARY USE PERMITS AND NEWSPAPER/FLIER RACK�Aa
CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: Honorable Mayor Pro Tern and City Council Members
From: Gil Coerper, Mayor
Date: August 10, 2007
Subject: H-ITEM FOR AUGUST 20, 2007, CITY COUNCIL MEETING —
OUTDOOR SALES TEMPORARY USE PERMITS AND
NEWSPAPER/FLIER RACKS ON MAIN STREET
STATEMENT OF ISSUE:
At its May 8, 2007 meeting, the Planning Commission approved a minute action to City Council
requesting the review of the zoning regulations pertaining to Temporary Use Permits (TUP) for
downtown sidewalk sales. The minute action was proposed to address concems raised in a
previous meeting over an outdoor sales TUP issued to Huntington Surf & Sport at 200 Main
Street.
In considering the minute action, Commissioners expressed concern over aesthetics of the
outdoor sales tables, conflicts with pedestrians, number of days allowed per year, length of TUP
(as many as five years), and lack of consistency among TUPs issued on Main Street. Some
commissioners felt the "flea market" appearance of the sales tables is unsightly and contradicts
more upscale plans for Main Street.
Newspaper and flier racks are located throughout the downtown that obstruct pedestrian
movement, create places for people to gather in front of businesses, and are generally
unsightly. Relocating these racks to a single area near the Huntington Beach pier would greatly
improve the appearance of the downtown and remove an impediment to pedestrian flow.
RECOMMENDED ACTION:
1. Direct staff to evaluate the zoning regulations for all Temporary Use Permits in the
downtown area with respect to improving the visual appearance of outdoor sales, placing a
cap on the number of days for sidewalk sales, establishing a maximum term for a TUP,
reducing processing fees if a TUP is not approved for the maximum allowable term, and
maintaining uniform expiration dates for sidewalk sales TUPs in the downtown area.
2. Direct staff to prepare an ordinance to amend the Zoning and Subdivision Ordinance and
Downtown Specific Plan based upon the evaluation conducted in (1.).
3. This amendment shall not apply to TUPs granted for the Huntington Beach Nights that are
every Tuesday evening on Main Street.
4. Relocate all newspaper and flier racks to a single specific location at the Pier. There shall be
no other racks located in the downtown.
5. Request persons handing out literature to do so at the pier or near the new newspaper rack
location.
Xc: Penny Culbreth-Graft, City Administrator S ���
Paul Emery, Deputy City Administrator�
Joan Flynn, City Clerk Tf
Scott Hess, Director of Planning _ /�
(12) August 20, 2007 - Council/Agency Action Agenda - Page 12
Approved for Introduction on August 6, 2007
Recommended Action: After the City Clerk reads by title, Adopt Ordinance No.
3776, "An Ordinance of the City of Huntington Beach Amending Chapter 2.100 of the
Huntington Beach Municipal Code Pertaining to Operating Policy for Boards and
Commissions," by roll call vote.
Approved 7-0
G-2. Ordinances for Introduction
G-2a. (City Council) Approve for Introduction Ordinance No. 3777 Amending Chapter
17.10 of the Huntington Beach Municipal Code Relating to Graffiti
Communication submitted by the City Attorney transmitting the following
Statement of Issue: At the July 16, 2007 Council meeting, City Council directed staff to
prepare an ordinance amending Section 17.10.080 to broaden the scope of collection of a
reward by citizens who witness and report the application of graffiti.
Recommended Action: After City Clerk reads by title, Approve Introduction of Ordinance
No. 3777, "An Ordinance of the City of Huntington Beach Amending Chapter 17.10 of the
Huntington Beach Municipal Code Relating to Nuisance/Graffiti," by roll call vote.
Approved 7-0
H. City Council/Redeueloptnent Agency Items
(::H-1a (City Council) Submitted By Mayor Coerper Regarding Outdoor Sales Temporary
se Permits and Newspaper/Flier Racks on Main Street
Communication from Mayor Coerper transmitting the following
Statement of Issue: At its May 8, 2007 meeting, the Planning Commission approved a
minute action to City Council requesting the review of the zoning regulations pertaining to
Temporary Use Permits (TUP) for downtown sidewalk sales. The minute action was
proposed to address concerns raised in a previous meeting over an outdoor sales TUP
issued to Huntington Surf & Sport at 200 Main Street.
In considering the minute action, Commissioners expressed concern over aesthetics of the
outdoor sales tables, conflicts with pedestrians, number of days allowed per year, length of
TUP (as many as five years), and lack of consistency among TUPs issued on Main Street.
Some commissioners felt the "flea market" appearance of the sales tables is unsightly and
contradicts more upscale plans for Main Street.
Newspaper and flier racks are located throughout the downtown that obstruct pedestrian
movement, create places for people to gather in front of businesses, and are generally
unsightly. Relocating these racks to a single area near the Huntington Beach pier would
(13) August 20, 2007 - Council/Agency Action Agenda - Page 13
greatly improve the appearance of the downtown and remove an impediment to pedestrian
flow.
Recommended Action: Motion to:
Direct staff to evaluate the zoning regulations for all Temporary Use Permits in the
downtown area with respect to improving the visual appearance of outdoor sales,
placing a cap on the number of days for sidewalk sales, establishing a maximum term
for a TUP, reducing processing fees if a TUP is not approved for the maximum
allowable term, and maintaining uniform expiration dates for sidewalk sales TUPs in
the downtown area.
2. Direct staff to prepare an ordinance to amend the Zoning and Subdivision Ordinance
and Downtown Specific Plan based upon the evaluation conducted in (1.).
3. This amendment shall not apply to TUPs granted for the Huntington Beach Nights that
are every Tuesday evening on Main Street.
4. Relocate all newspaper and flier racks to a single specific location at the Pier. There
shall be no other racks located in the downtown.
5. Request persons handing out literature to do so at the pier or near the new newspaper
A substitute motion was made to direct staff to work with Mayor Coerper to form a
working group comprised of involved stakeholders to consider these issues and make
recommendations to the Council at a date uncertain.
Approved 6-0-1 (Carchio abstain)
H-1 b. (City Council) Submitted By Mayor Coerper —Mandatory Funding for Veteran's
Healthcare Services Resolution
Communication from Mayor Coerper transmitting the following
Statement of Issue: Mr. Robin Rustin, Voice for Veterans Services, spoke at the July 16,
2007, and August 6, 2007, City Council Meetings regarding veterans' healthcare. He is
now requesting that the City Council adopt a resolution showing support for "Mandatory
Funding for Veterans' Healthcare Services".
Recommended Action: Motion to:
Authorize the City Attorney to prepare a resolution in support of mandating that the
Federal government fully fund veteran's healthcare services, that the United States House
of Representatives and the United States Senate move to ensure that these healthcare
obligations to our veterans be recognized, and that legislation be introduced and passed
for signing by the President of the United States of America to guarantee full mandatory
funding of veteran's healthcare services.
Approved 7-0
H-2a. (City Council) Submitted By Councilmember Carchio Regarding Permit Fee
Waiver for the Remodeling of Older Homes
Pagel of 3
Esparza, Patty
From: Dapkus, Pat on behalf of Coerper, Gil
Sent: Monday, August 20, 2007 1:07 PM
To: City Clerk Agenda
Subject: FW: Statement opposing H 1 item for the record
Attachments: Oppose rack restrictions. pdf
Pat bapkus
(714) 536-5579
(714) 536-5233 (FAX)
From: John [mailto:admin@ocvoice.com]
Sent: Monday, August 20, 2007 12:43 PM
To: Green, Cathy; Cook, Debbie; Don Hansen; city.clerk@surfcity-hb.org; Carchio, Joe; Keith Bhor; Hardy, Jill;
Coerper, Gil; Sharpe, Jean
Subject: Statement opposing H 1 item for the record
Orange Coast Voice 419 Main St. #209, Huntington Beach, CA 92648 admin@ocvoice.com (714) 656-3607
August 20, 2007
To:
Gil Coerper, Mayor
Debbie Cook, Don Hansen, Keith Bohr, Jill Hardy, Cathy Green, Joe Carchio, Councilmembers
Jennifer McGrath, City Attorney
2000 Main St.
Huntington Beach, CA 92648
Fax: fax 714-536-5233; 714-374-1590
From:
John Earl and Duane Roberts
Orange Coast Voice
-)0 q
LA7L-- aMILI UA)l CA-7 ' A,) -/,4-
8/20/2007
Page 2 of 3
419 Main St. #209
Huntington Beach, CA 92648
Re: "H-Item for August 20, 2007, city council meetingoutdoor sales temporary use permits and
newspaper/flier racks on Main Street."
Dear Mayor, Councilmembers and City Attorney,
We strongly oppose any attempt to ban newspaper racks from downtown Huntington Beach or restrict
their placement to any one location, such as "a single specific location at the Pier." We also strongly
oppose any attempt to "request" that distributors of literature restrict their activities to any one area of
downtown Huntington Beach.
We are not opposed to reasonable and fair regulation of newspaper racks in the city and we share the
mayor's concern for beautifying the downtown area. Those regulations must be consistent with the First
Amendment to the United States Constitution, but the mayor's proposed zoning regulation changes
would violate the First Amendment, as court decisions indicate.
We find some of the stated reasoning behind the proposed zoning changes to be faulty and even
frightening. Mayor Coerper states that newspaper racks in the downtown area "obstruct pedestrian
movement," but we are in the downtown area on a daily basis both for business and pleasure and have
never noticed this to be the case. On August 18, 2007, we even visited and photographed each of the
newspaper rack locations in downtown Huntington Beach and there was not one instance of pedestrians
being obstructed or inconvenienced by newspaper racks.
Nor did we find a single instance of newspaper racks creating "places for people to gather in front of
businesses," but we wonder why the city should concern itself with the peoples' right of assembly under
the First Amendment? When assembled groups of people are, in fact, blocking access to businesses or
passers-by, it would be acceptable to ask them to make way but not to ban their right to assemble.
We also find it frightening that the city would use its power to "request" persons handing out literature
to move to what would be, in effect, an official "free speech" zone. Although it may not be illegal or
unconstitutional to ask residents of the city to surrender their rights, to do so as a solution to the
supposed "flea -market" appearance of the downtown Huntington Beach area is a heavy handed
approach that would no doubt lead to abuse.
We also doubt that political, religious or other activist groups will comply with such a "request." In fact,
such groups may be more inclined to pass out their literature in the downtown area, unrestricted, in part
as a protestcreating the opposite effect of the city's desired outcome.
In our own case, if we were denied the right to fulfill our future plan to place news racks in the
8/20/2007
Page 3 of 3
downtown area, we might have to ask our employees stand on downtown street corners passing out our
free newspapers as an alternative.
We are also puzzled by the idea that downtown Huntington Beach would look better if "all" newspaper
and flier racks were relocated at the Pier. In our view, that not only would drastically restrict freedom of
the press, but would also create unnecessary blight upon a treasured city monument.
Courts have ruled that cites can not arbitrarily ban newspaper racks from a large area of a city or apply
other arbitrary regulations to rack distribution. But there is a better way, based on mutual cooperation,
that we believe would help solve the problem of unsightly news racks that exists in the downtown
Huntington Beach area.
In order to reach a fair and reasonable solution to this problem,we would agree to sit down with
representatives of the city and of other newspapers that are distributed in downtown Huntington Beach.
But we will oppose any efforts, inadvertent or otherwise, to suppress First Amendment rights anywhere
in the city.
Sincerely,
Duane Roberts, Publisher, OC Voice
John Earl
Editor, OC Voice
cc: Joan Flynn, City Clerk.
L6,8/20/2007