Loading...
HomeMy WebLinkAboutResolution 2013-24 Related to modifying the City's regulatio Dept.ID PD-13-005 Page 1 of 2 Meeting Date:7/1/2013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/1/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Adopt Resolution No. 2013-24 modifying the City's regulations as they pertain to drinking establishments with alcoholic beverage sales and live entertainment located within the Downtown Specific Plan area Conditions of Approval for Alcohol Sales Statement of Issue: Attached is a proposal to adopt Resolution No. 2013-24, which modifies the conditions of approval for eating and drinking establishments with alcoholic beverage sales and entertainment located within the Downtown Specific Plan area, District 1. The proposed modifications enhance the City's ability to regulate these establishments operating in the specified area of the City. Financial Impact: Not applicable. Recommended Action: Adopt Resolution No. 2013-24, "A Resolution of the City Council of the City of Huntington Beach Establishing Conditions of Approval for Eating and Drinking Establishments With Alcoholic Beverage Sales and Live Entertainment" modifying the City's regulations as they pertain to drinking establishments with alcoholic beverage sales and live entertainment located within the Downtown Specific Plan area, District 1(Exhibits A and B). Alternative Action(s): Do not adopt Resolution No. 2013-24, retaining existing Resolution No. 2011-16 as written and direct staff accordingly. Analysis: in January, 2013, the City Council adopted a six-month strategic plan that included an objective directing the Chief of Police to present a report to them including recommendations for Council action regarding the impact of alcohol sales and consumption in downtown Huntington Beach. That report was subsequently presented to the City Council and the recommended actions for Council were thoroughly discussed at a City Council Study Session on June 3, 2013. At the conclusion of that study session, the Chief of Police was directed by City Manager to work with the City Attorney to draft a new resolution incorporating all the recommendations contained in his report. The resulting resolution reinstates the original recommendations made by the City Council Ad Hoc Downtown Image Committee, which were originally adopted by the City Council as Resolution No. 2010-5. This resolution also includes several additional conditions to address late night, alcohol- related problems as discussed at the study session. HB -127- Item 8. - 1 Dept.ID PD-13-005 Page 2 of 2 Meeting Date:7/1/2013 Upon adoption..of the proposed resolution, Resolution number 2011-16 is repealed. All conditions contained in.Exhibit A will apply to any new application for a Conditional Use Permit, made subsequent to adoption, for the establishment of any eating and drinking establishment with alcohol beverage sales, as well as any amendment to an existing Conditional Use Permit, located within the Downtown Specific Plan area, District 1. Upon adoption of the proposed resolution, all conditions contained in Exhibit B will apply to any application for a Conditional Use Permit, made subsequent to adoption, for the establishment of any new eating and drinking establishment with alcohol beverage sales and entertainment, as well as any amendment to an existing Conditional Use Permit, located within the Downtown Specific Plan area, District 1. In addition, modifications to the conditions outlined in the resolution will only be allowed by the City Council rather than any other reviewing body (Planning Commission and Zoning Administrator). The study session also discussed a recommendation by the Police Department that any additional "off-sale" alcohol sales (retail establishment) should be prohibited in the Downtown Specific Plan area, District 1. This recommendation is being pursued through a Zoning Text Amendment process by the Planning and Building Department staff and will ultimately require public hearings before the Planning Commission, City Council and the California Coastal Commission to accomplish. Environmental Status: N/A Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Resolution No. 2013-24, "A Resolution of the City Council of the City of Huntington Beach Establishing Conditions of Approval For Eating and Drinking Establishments With Alcoholic Beverage Sales and Live Entertainment." Item 8. - 2 HB -128- ATTACHMENT # 1 RESOLUTION NO. 2013-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CONDITIONS OF APPROVAL FOR EATING AND DRINKING ESTABLISHMENTS WITH ALCOHOLIC BEVERAGE SALES AND LIVE ENTERTAINMENT WHEREAS, the City of Huntington Beach desires to maintain a vibrant and safe downtown commercial area to be enjoyed by visitors, residents and families; and Toward that end, the City Council has established standardized Conditions of Approval for Conditional Use Permits in the Downtown Specific Plan District 1 area with alcoholic beverage sales and/or an entertainment permit, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the Conditions of Approval set forth in Exhibit A attached hereto and incorporated by this reference shall apply to all eating and drinking establishments located in the designated area with alcoholic beverage sales. 2. That the Conditions of Approval set forth in Exhibit B attached hereto and incorporated by this reference shall apply to all eating and drinking establishments located in the designated area with alcoholic beverage sales and live entertainment. 3. These proposed conditions shall apply to conditional use permit applications applied for subsequent to adoption of this Resolution for new uses and amendments to existing conditional permit use applications and shall remain in effect as part of the Conditional Use Permit via a public hearing. Any amendments to these conditions must be approved by the City Council. 1 10-2396/97629.doc Resolution No. 2013-24 4. Resolution No. 2011-16 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1 s t day of July , 2013. REVIE APPROVED: Mayor �� INITIA AND APPROVED: City a a er Director of Inning and Building D AS TO FORM: Cit Adorn y 2 10-2396/97629.doc Resolution No. 2 013-2 4 EXHIBIT A EATING AND DRMING ESTABLISHMENTS WITH ALCOHOLIC BEVERAGE SALES: The following standard Conditions of Approval shall be part of any Conditional Use Permit fi om:the Zoning Administrator or Planning Commission for the establishment of any eating and drinking establishment with alcohol beverage sales located within the Downtown Specific Plan area, District 1: 1) Hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight except for a business proposed in the following locations: a. West side of 5th Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 a.m. to 10:00 p.m. b. East side of 3rd Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m. 2) A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of house areas (such as areas used for cooking, kitchen preparation, office, storage, and restrooms) and outdoor dining areas. 3) Full food service menus shall-be served, at a minimum,until one(1)hour before closing, and a cook and food server shall be on duty during these times. 4) Alcoholic drinks shall not be included in the price of admission to any establishment. 5) There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. 6) All alcohol shall remain on the establishment's premises, including within outdoor dining areas. 7) An employee of the establishment must be present at all times in areas within the establishment where alcohol is served. 8) All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. 9) Dancing and/or dance floor and/or live entertainment shall be prohibited unless a Conditional Use Permit and Entertainment Permit are approved by the City. 10)Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. 11)The establishment shall follow all conditions of the alcohol license issued by the California Department of Alcoholic Beverage Control, as well as all other relevant portions of the Huntington Beach Zoning and Subdivision Ordinance and Huntington Beach Municipal Code. 1 Resolution No. 2013-24 12)No new customers shall be permitted after 30 minutes before closing. 13)Last call for drinks shall be no later than 15 minutes before closing. 14)Only single-sized drinks and no multiple drinks shall be served after midnight. 15)Signage, posters, and advertizing with "Do Not Drink and Drive" shall be posted in the business. 16)Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. 17)Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the police department for any criminal or civil investigation. 2 Resolution No. 2013-24 EDIT B EATING AND DRUSING ESTABLISINENTS WITH ALCOHOLIC BEVERAGE SALES AND LIVE ENTERTAINMENT: The following standard Conditions of Approval shall be part of any Conditional Use Permit from the Zoning Administrator or Planning Commission and the Entertainment Permit from the Police Department for the establishment of any eating and drinking establishment located within the Downtown Specific Plan area with alcohol beverage sales and entertainment, District 1: 1) Hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight except for a business proposed in the following locations: a. West side of 5`h Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 a.m. to 10:00 p.m. b. East side of 3rd Street between Walnut Avenue and Orange Avenue the hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m. 2) A minimum of 70 percent of the net floor area of the establishment shall be designated as dining area excluding back of house areas (such as areas used for cooking, kitchen preparation, office,storage, and restrooms) and outdoor dining areas. 3) The seating capacity at all times within the dining area, excluding outdoor dining areas, shall be able to accommodate a minimum of 100 people. 4)> Full food service menu items shall be served, a minimum, until one (1) hour before closing, and a cook and food server shall be on duty during these times. 5) Alcoholic drinks shall not be included in the price of admission to any establishment. 6) There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. 7) All alcohol shall remain on the establishment's premises, including within outdoor dining areas. 8) An employee of the establishment must be present at all times in areas within the establishment where alcohol is served. 9) If dancing is allowed, the activity must be specifically identified as part of the Entertainment Permit and only in a pre-approved designated area. 10)Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. 11)No outside promoters can be used under any circumstances. 12)All exterior doors and windows shall be closed at all times during live entertainment. 10-239&97631.doc 1 Res&utio,,Not 013-24 13)All amplified entertainment conducted by a performer shall be confined indoors at all times. 14)If outdoor entertainment is allowed, it shall be limited to: a) Non-amplified entertainment with no more than two performers. b) Amplified entertainment limited to ambient music only. 15) Any outdoor entertainment shall not be audible beyond 50 feet of the source of the entertainment. 16) No entertainment shall be audible beyond 50 feet of the business in any direction. 17) All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business. 18) All provisions of the entertainment permit required by section 5.44 of the Huntington Beach Municipal Code shall continue to apply. 19) No new customers shall be permitted after 30 minutes before closing. 20) Last call for drinks shall be no later than 15 minutes before closing. 21) Only single-sized drinks and no multiple drinks shall be served after midnight. 22) Signage, posters, and advertizing with"Do Not Drink and Drive" shall be posted in the business. 23) Mandatory Responsible Beverage Service (RBS) training and certification shall be required for new employees within 90 days of being hired and for existing employees every 12 months. Training shall be provided by ,an ABC approved RBS trainer and records of the training must be maintained on-site for review. 24) Establishments shall install and maintain a video surveillance system to monitor public area of premises and shall make the video available to the police department for any criminal or civil investigation. REST OF PAGE NOT USED 10-2396/97631.doc 2 Res. No. 2013-24 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on July 1, 2013 by the following vote: AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis NOES: Harper ABSENT: None ABSTAIN: None City erk.and ex-officio C rk of the City Council of the City of Huntington Beach, California RICHARDSON GRAB' 415 Townsquare Lane#208 26113 J'fl e l F : { 8 Huntington Beach, CA 92648 714-348-1928 richardson.gray@yahoo.com July 1, 2013 HAND DELIVERED SUPPLEMENTAL Mayor Connie Boardman COMMUNICATION Mayor Pro Tern Matthew Harper Council Member Joe Carchio Da4ee: Council Member Jill Hardy Council Member Jim Katapodis Ager4a ftm No. Council Member Joe Shaw Council Member Dave Sullivan Re: Adopt Resolution 2013-24, Downtown Alcohol Regulations Dear Mayor, Mayor Pro Tem, and Council Members: Please include my letter and enclosures in the official public record for the referenced item for today's Council meeting. I have owned my home in our Downtown neighborhood for six years. I recommend that you adopt the referenced, proposed alcohol regulations. But, to repeat myself, I also urge that you do much more to curb our Downtown's over saturation of bars. In my attached May 31 St letter to you, on its second page, I listed five additional changes that are needed. These added changes will improve the atmosphere of our Downtown commercial district. They also will lessen its negative impacts, on the quality of life in our Downtown's established, surrounding, residential neighborhoods, and on the quality of life throughout our City. Two years ago, at a political meeting, a leader of Huntington Beach Neighbors asked Council Member Carchio and City Manager Wilson for the City to conduct a study. Council Member Carchio and City Manager Wilson gave presentations to this meeting. The suggested analysis was for a comparison, of the City's revenues from late night bar sales in Downtown, to the costs from these sales. As far as I know, the City has done nothing on this proposed study. I urge you to complete this study. My bet is that the revenues will be dwarfed by the costs, if you include all of the related costs for our schools, property values, image, tourism, businesses, public safety, and quality of life. 1 Along with this study, I recommend that the Police Department prepare a report for the Council on the risks that Downtown's over saturation of bars is contributing to drug problems throughout the City, including at our public schools. I believe that Downtown's over concentration of bars contributes to the drug problems at our schools. In turn, I fear that these drug problems are one reason that the Huntington Beach Union High School District has the highest truancy rate in the County, at almost twice the State average and nearly three times the County average. For all of the reasons cited, I urge the City to undertake these two studies, with no further delays. Thank you for considering my views. Sincerely ;ours, Ai ichardson Gray cc: Fred A. Wilson, City Manager Joan L. Flynn, City Clerk Kenneth W. Small, Chief of Police Scott Hess, AICP, Director of Planning 2 RICHARDSON GRAY 415 Townsquare Lane 4208 Huntington Beach, CA 92648 714-348-1928 richardson.gray@yahoo.com Mayor Connie Boardman May 31, 2013 Mayor Pro Tern Matthew Harper Council Member Joe Carchio Council Member Jill Hardy Council Member Jim Katapodis Council Member Joe Shaw Council Member Dave Sullivan HAND DELIVERED Re: Strategic Objective—Downtown Alcohol Recommendations City Council Study Session—June 3, 2013 Dear Mayor, Mayor Pro Tem, and Council Members: Please include my letter and enclosures in the official public record for the referenced Council meeting. I have owned my home in our Downtown neighborhood for six years. I applaud the Council and Police Chief Small for a good start on curbing our Downtown's binge drinking. The Council should implement Chief Small's recommendations, but I urge you to do much more. For our strategic objectives, residential quality of life should be our first priority. Mayor Boardman and Council Member Shaw put forth this sentiment with their 2010 campaign slogan, "Community First". You correctly emphasized that by making Huntington Beach the best place to live, we can address all other challenges. A 2011 survey by Huntington Beach Neighbors showed that our Downtown had 39 "on- sale" ABC establishments (and two new CUPs since), with total capacity of more than 6,000. Per ABC, this area should have only five "on-sale" licenses: Our over saturation is a multiple of eight times. Given our census tract's fewer than 4,000 residents, Main Street's bar patrons can exceed 150% of the neighboring population. For 2012 and 2011, Main Street(RD 451) had by far the worst crime in our City, 15 times the average and over two times any other area. California's Office of Traffic Safety ranked Huntington Beach, among more than 50 midsize cities, fifth, first, and fourth for the last three years available, 2010, 2009, and 2008, in alcohol related accidents resulting in death or serious injury per capita. These catastrophic numbers were not caused by weak law enforcement. We ranked fourth, fourth, and third in DUI arrests. Chief Small has said that DUI accidents are our leading public safety problem. 1 For 2011-2012, California's Department of Education reports that the Huntington Beach Union High School District had the worst truancy rate in the County, with 53.0% of students being truant at least one day. The State and County averages were far less, 28.5% and 19.3%. For our Downtown neighborhood and City, this state of affairs is completely unacceptable. Overflowing from Main Street's drunken rowdiness, we literally have a City facilitated public nuisance, depriving we residents of our rights, to the peaceful and quiet enjoyment of our homes, to the safety of our streets, and to a better education for our children. Lessening Downtown's binge drinking will have a positive influence on our City's drug problems, including drugs and truancy at our schools. By calming Downtown's "anything goes" atmosphere, our schools will improve, property values and tax revenues will increase, and visitors will spend more here. Alcohol sales do not cover their related costs for our schools, image, tourism, businesses, public safety, and quality of life. Along with the Chief s suggestions, I recommend these additional measures: 1. A moratorium for new"on-sale" licenses in District 1. A new restaurant could purchase an existing license, and move it if need be. 2. For new ABC licenses, require an operator's license, like Newport, to review transfers. 3. For nearby residential streets, implement late night, resident only parking, forcing bar patrons into garages. 4. Track police calls, incidents, and DUI arrests for ABC licensees for annual public reviews. Permits of uncooperative or repeat offenders should be modified or revoked. 5. Encourage more residential, office, and hotel development. We have too much underused retail. Thank you for considering my views. Downtown residents helped elect our new grass roots Council majority. We desperately need your support for our Downtown neighborhoods. Please do not let us down as past Councils have done. Sincerely yours, r chardson Gray cc: Fred A. Wilson, City Manager Joan L. Flynn, City Clerk Kenneth W. Small, Chief of Police Scott Hess, AICP, Director of Planning 2 Index of establishments holding liquor licenses in Downtown Huntington Beach with Saturday night closing times, occupancies and Entertainment Permit nightclub related activities Entertainment Permits Liquor Occupancy of Closing License Name of Establishment areas servicing Dance Floor DJ Live Band Time class alcoholic drinks Saturday 1 47 25 DEGREES 58 no yes no 2:00 AM 2 47 ALOHA GRILL 169 no yes yes 1:00 AM 3 47 AVILA EL RANCHITO H B 105 no yes yes 11:00 PM 4 47 BEACHFRONT 301 436 no yes yes 2:00 AM 5 41 BJS CHICAGO PIZZA 112 12:00 AM 6 41 CHRONIC TACOS 34 9:00 PM 7 47 COACHS 188 yes yes yes 11:00 PM 8 47 CRABBYS BOAT HOUSE 110 2:00 AM 9 47 CUCINA ALESSA HB 200 11:00 PM 10 47 DEVILLE 53 11:00 PM 11 47 DUKES SURF CITY 515 no yes yes 2:00 AM 12 47 FREDS MEXICAN CAFE 297 yes yes no 2:00 AM 13 47 GALLAGHERS PUB &GRILL 130 no yes yes 2:00 AM 14 75 HUNTINGTON BEACH BEER COMPANY 229 yes yes yes 2:00 AM 15 47 HURRICANES BAR& GRILL 252 yes yes yes 2:00 AM 16 47 KILLARNEY 128 Y es es es 2:00 AM Y Y 17 47 LONGBOARD RESTAURANT& PUB 75 no yes yes 1:30 AM 18 47 LUGGATTIS ITALIAN GRILL 178 no yes yes 12:00 AM 19 41 LUIGIS 19 10:00 PM 20 42 MAIN STREET WINE COMPANY 20 11:00 PM 21 47 NO KA OI � 96 1:30 AM 22 41 PAPA JOES PIZZA 32 10:00 PM 23 48 PERQS 94 yes yes yes 2:00 AM 24 41 PETES MEXICAN FOOD 15 9:00 PM 25 47 BLACK BULLS CHOPHOUSE 427 yes yes yes 2:00 AM 26 47 RA SUSHI 200 yes yes yes 1:00 AM 27 41 RUBYS SURFSIDE DINER 150 10:00 PM 28 47 SANDY'S BEARFOOT BAR 363 no no yes 9:30 PM 29 47 SHARKEEZ INC 188 no Yes yes 1:30 AM 30 47 SHOREBREAK HOTEL (ZIMZALA) 471 Yes Yes Yes 12:00 AM 31 47 SILVERAS STEAK HOUSE& LOUNGE 133 no no yes 2:00 AM 32 41 SMOKIN MOS BBQ 49 9:00 PM 33 47 SPARK WOODFIRE COOKING 189 yes yes yes 11:00 PM 34 41 SUSHI ON FIRE 91 11:00 PM 35 41 T K BURGERS 20 9:00 PM 36 41 THAI WAVE RESTAURANT 112 10:30 PM 37 47 TUNA TOWN 199 Yes yes yes 1:00 AM 38 41 WAHOOS FISH TACO 88 9:00 PM 39 41 KA 120 11:00 PM TOTAL 6345 i'tt`.II.'GIYD f,.'.C`E? .LIC;t1.L3ttRS HUNTINGTON BEACH NEIGHBORS r� rnwrrrlwwr�` r"' ulMr.. iru._ www.HBNeighbors.com 1 l ' � CITY OF HUNTINGTON BEACH 0 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Investigator Fong, Investigator Archer Vice Investigators CC: Chief of Police via Chain of Command FROM: Julie Romano Crime Analysis Unit DATE: February 28, 2013 SUBJECT: 2012 Part I Crimes and Part II Arrests for ABC Report I have attached a copy of Part I Crimes by RD and Part II Arrests by RD for the City of Huntington Beach. A summary is as follows: Total RD's In the City 130 Total Crime Count 10084 Average Crime Count per Patrol Area 77.57 A 20% greater number of crimes than the average number of crimes for all RDs is 93.08 There are 31 RDs with a count greater than 93.08. The RD's are listed in RD order. f 85 44 129 178 75 253 stjol 66 31 97 98 20 118 65 32 97 88 89 177 59 35 94 61 97 158 83 32 115 53 59 112 339 73 412 78 70 148 106 76 182 35 104 139 74 22 96 93 156 249 80 67 147 94 33 127 133 77 210 89 82 171 53 56 109 �,. 500 621 1121 t 48 63 111 a 67 57 124 117 168 285 279 233 j 512 ' 70 58 128 56 71 127 68 114 182 76 41 117 66 130 196 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Investigator Kessler, Investigator Fong Vice Investigators CC: Chief of Police via Chain of Command FROM: Julie Romano Crime Analysis Unit DATE: January 31, 2012 SUBJECT: 2011 Part I Crimes and Part II Arrests for ABC Report I have attached a copy of Part I Crimes by RD and Part II Arrests by RD for the City of Huntington Beach. A summary is as follows: Total RD's In the City 130 Total Crime Count 1 10336 Average Crime Count per Patrol Area 79.51 A 20% greater number of crimes than the average number of crimes for all RDs is 95.41 There are 31 RDs with a count greater than 95.41. The RD's are listed in RD order. RDs Part I Crimes Part II Arrests Total RDs art I Crimeart II Arres Total 155 68 34 102 412 73 89 162 165 76 53 �129 413 71 108 179 241 73 48 121 421 58 62 120 242 283 80 363', 422 75 84 159 252 81 88 169 431 52 131 183 253` 78 24 102 432 77 169 246 =y 261 84 65 149 436 99 38 137 262 87 78 165 441 55 66 121 263 58 57 115 442 93 106 199 271 49 59 108 451 327 838 1165 272 170 157 327 452 65 67 ' 132 273' 54 48 102 461 193 264 457 282 48 124 172 462 46 76 122 283 56 131 187 463 62 50 112 293 125 70 195 476 70 56 126 349 83 44 127 RESOLUTION NO. 2013-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CONDITIONS OP APPROVAL FOR EATING AND DRINKING ESTABLISHMENTS)WITH ALCOHOLIC BEVERAGE SALES AND LIVE ENTERTAINMENT WHEREAS, the City of Huntington Beach desires to maiptain a vibrant and safe downtown commercial area to be enjoyed by visitors, residents and families; and Toward that end, the City Council has established sta ardized Conditions of Approval for Conditional Use Permits in the Downtown Specific an District I area with alcoholic beverage sales and/or an entertainment permit, NOW, THEREFORE, the City Council of e City of Huntington Beach does hereby resolve as follows: i. That the Conditions of App val set forth in Exhibit A attached hereto and incorporated by this reference shall apply t all eating and drinking establishments located in the designated area with alcoholic beverage les. 2. That the Conditions of Approval set forth in Exhibit B attached hereto and incorporated by this reference sha apply to all eating and drinking establishments located in the designated area with alcoholic b verage sales and live entertainment. 3. These propo d conditions shall apply to conditional use permit applications applied for subsequent to Adoption of this Resolution for new uses and amendments to existing conditional permit use plications and shall remain in effect as part of the Conditional Use Permit via a public h dring. An devi ions amendments to these conditions must be approved by the Ci Council. Aft Nv'v '% 'A"' (A*;`T IC TAKEN 10-2396/97629.doc