Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Ordinance 3232 - Code Amendment 93-5A - Negative Declaration
CITY OF HUNTINGTON BEACH L 30 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH ,. To: Michael T. Uberuaga, City Administrator FROM: Melanie S. Fallon, Community Development Director DATE: June 6, 1994 Subject: ORDINANCE NO. 3232/CODE AMENDMENT NO. 93-5A - NEGATIVE DECLARATION NO. 93-20 - OUTDOOR DINING STATEMENT OF ISSUE: Code Amendment No. 93-5A in conjunction with Negative Declaration No. 93-20, a request to amend the Huntington Beach Ordinance Code and Downtown Specific Plan by adding provisions to allow and regulate outdoor dining on private and public property, was amended and approved by the City Council at their May 4, 1-994, meeting. The City Council amended the Code Amendment by allowing this use only within the Downtown Specific Plan area. Code Amendment No. 93-5A was revised to incorporate the outdoor dining provisions into the Downtown Specific Plan only, and is included in the revised Downtown Specific Plan document, Code Amendment No. 92-5. Therefore, Ordinance No. 3232 is no longer necessary. MSF:SP cc: Connie Brockway 05/17/94 sp A-Amemo\dine use that exceeds one of the both would be subject to compliance with the parking requirements of the Ordinance Code. Fiscal Impact: Additional costs to the City will occur when uses within the Downtown area are reviewed by Zoning Administrator at meetings held after regular business hours. These costs will include overtime expenses for a minimum of three staff members (approximately $4,950 or more per year) and incidental building occupancy costs. Fiscal impact will be further increased if the existing outdoor dining uses are allowed to be processed without fee. Processing approximately 12 Use Permits Downtown without fee will necessitate a City subsidy of$3,840. This amount will be substantially increased by processing outdoor dining uses citywide without fee. Finally, by allowing the ordinance to apply citywide, the City will save expenditures related to the preparation of a second code amendment and draft ordinance, public hearing costs, and staff time processing the second code amendment to the Planning Commission, City Council, and Coastal Commission. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: Motion to: 1. "Continue Code Amendment No. 93-5A and direct staff to amend the ordinance as deemed necessary." 2. "Deny Code Amendment No. 93-5A with findings." ATTACHMENTS: 1. Ordinance No. 3232 2. Legislative Draft to Ordinance No. 3232 3. Negative Declaration No. 93-20 4. RCA dated February 22, 1994 MTU:MSF:SP 04/21/94 SP aARCAdining2 ORDINANCE NO. 3232 An Ordinance of the City of Huntington Beach Amending Articles 908, 922, 924 and 973 of the Huntington Beach Ordinance Code and Amending Sections 4.3.01(a)(0), 4.5.01(a)(0), 4.6.01(d), 4.7.01(a)(0), 4.8.01(a)(0),4.9.01(a)(0), 4.11.01, and 4.12.01(R) of the Downtown Specific Plan to Permit Outdoor Dining WHEREAS,the City Council of the City of Huntington Beach wishes to allow outdoor dining, and establish guidelines for said use, NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Article 922 of the Huntington Beach Ordinance Code is hereby amended by amending Section 9220.1(c)(0)thereof to read as follows: O. Outdoor dining pursuant to section 9730.88 Outside uses pursuant to Section 9220.10 SECTION 2. Article 924 of the Huntington Beach Ordinance Code is hereby amended by adding new Section 9241(a)(0)thereof to read as follows: O. Outdoor dining pursuant to section 9730.88 SECTION 3. The Downtown Specific Plan is hereby amended by amending Section 4.3.01(a)(0)thereof to read as follows: O. Office Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 4. The Downtown Specific Plan is hereby amended by adding new Section 4.5.01(a)(0) thereof to read as follows: O. Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. 1 4\s\Ord:Otdrdng2\04/21/94 SECTION 5. The Downtown Specific Plan is hereby amended by amending Section 4.6.01(d)thereof to read as follows: (d) Commercial Use - Commercial uses which are integrated within and clearly incidental to an office use, shall be permitted provided that it cumulatively does not exceed ten (10)percent of total gross floor area of the development. The following uses shall be permitted: Barber Shops (a maximum of two (2) chairs); Beauty Shops (a maximum of two (2) stations); Prescription Pharmacies; Restaurants/coffee shops (on-site sale or consumption of alcoholic beverages is limited to beer and wine only; outdoor dining may be permitted pursuant to Section 9730.88 of the Huntington Beach Ordinance Code); Parking lots and structures. SECTION 6. The Downtown Specific Plan is hereby amended by amending Section 4.7.01(a)(0)thereof to read as follows: O. Office Supplies Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 7. The Downtown Specific Plan is hereby amended by amending Section 4.8.01(a)(0)thereof to read as follows: O. Offices Office supplies Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. 2 4\s\Ord:Otdrdng2\04/21/94 SECTION 8. The Downtown Specific Plan is hereby amended by adding new Section 4.9.01(a)(0)thereof to read as follows: O. Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 9. The Downtown Specific Plan is hereby amended by amending Section 4.11.01 thereof to read as follows: 4.11.01. Permitted uses. The following uses and structures shall be permitted in District#9 subject to approval of a Conditional Use Permit: hotels, motels, restaurants and recreational facilities. Outdoor dining may be permitted pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 10. The Downtown Specific Plan is hereby amended by amending Section 4.12.01(R)thereof to read as follows: R. Restaurants (including fast food with take out windows; outdoor dining may be permitted pursuant to Section 9730.88 of the Huntington Beach Ordinance Code) Retail Sales (beach-related) SECTION 11. Article 908 of the Huntington Beach Ordinance Code is hereby amended by adding new definitions thereof to read as follows: 1. Beach Area: The ocean side of Pacific Coast Highway including the Bluff Top Park area and the Pier. 2. Bluff Top Park Area: That area of improved beach access bounded on the south by 9th Street continuing north to the dividing line of Bolsa Chica State Beach. 3. Mini-Parks: Areas under city ownership for purposes of open space, plazas, landscape buffers or public gathering. , 4. Outdoor Dining: An area where a cafe/restaurant provides food service on either public right-of-way, city owned open space, or privately owned open space. 3 4\s\0rd:0tdrdn92\04/21/94 5. Physical Obstruction: Things that affect the use of property including but not limited to light standards, trees, parking meters,trash receptacles, traffic signals, signs, benches, phone booths, newspaper stands, bus stops, driveways, pedestrian ramps, etc. 6. Pier: The structure owned by the city that extends from the termination of Main Street at Pacific Coast Highway into the Pacific Ocean 1966 feet. 7. Pier Plaza: The area adjacent and contiguous to the pier. 8. Privately Owned Open Space: That area under private ownership that is designated by a specific plan as required open space, required by condition of approval, or required setback. 9. Public Right-of-Way: That property dedicated through acquisition or easement for the public right-of-way which includes the area spanning from the property line on one side of a street to the property line on the other side of a street. SECTION 12. Article 973 of the Huntington Beach Ordinance Code is hereby amended by adding new Section 9730.88 thereof to read as follows: 9730.88 Outdoor Dining. Outdoor dining on public or private property may be permitted subject to Use Permit approval by the Zoning Administrator and compliance with this section. (a) Location and design criteria. Outdoor dining shall conform to the following location and design criteria: 1. The outdoor dining shall be an extension of an existing or proposed eating or drinking establishment on contiguous property. 2. Outdoor dining located on the sidewalk area of the public right-of-way shall be limited to commercial areas within the Downtown Specific Plan. 3. Outdoor dining located on the sidewalk area of the public right-of-way shall provide a minimum 8 foot clear passage area for pedestrian access. A wider clear passage area may be required at the discretion of the Zoning Administrator. 4. A minimum 10 foot wide pedestrian walkway shall be provided when located in a mini-park, public plaza or beach area. 5. Outdoor dining 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. 4 4\s\Ord:Otdrdng2\04/21/94 6. Outdoor dining on private sidewalk areas shall provide a minimum 8 foot clear passage area for pedestrian access or a permanent cordon shall surround the outdoor dining area and a minimum 5 foot clear passage area shall be provided. 7. At street intersections, the triangular area formed by measuring 25 feet along the curb lines or the area formed by the extension of the property lines to the curb lines, whichever is more restrictive, shall be clear passage area. ,I 5 4\s\Ord:Otdrdn g2\04/21/94 Huntington Beach Ordinance Code 9730.30-9730.36(e) For the purpose of this section, "commercial coach" shall mean a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial use, which is required to be moved under permit, and shall include a trailer coach. (2556-8/82) 9730.32 Subdivision Sales Offices and Model Homes. Subdivision sales offices and model homes in conjunction with a subdivision may be permitted subject to approval of an administrative review application by the Zoning Administrator, and compliance with the following requirements: (a) The office use shall be discontinued within thirty (30) days following sale of the last on-site unit. A cash bond of one thousand dollars ($1000) shall be posted with the City for the sales office and for each model home to guarantee compliance with all provisions of this code and the Huntington Beach Building Code. Such model homes shall only serve the tract specified in the administrative review application. (b) The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs, parking signs, directional signs, temporary structures, parking and landscaping. (c) The administrative review permit may be subject to review by the Zoning Administrator one (1) year after issuance to insure compliance with all City codes. (d) No sales office shall be converted or expanded into a general business office for the contractor or developer. (2556-8/82) 9730.34 Use Permits Required for Multiple Dwellings. A use permit shall be required for any multiple dwelling when any portion thereof is situated more than 150 feet from a public street. Where such multiple dwelling or portion thereof is an integral part of a proposed project, the use permit shall be required for the entire project, other provisions of this code notwithstanding. (2556-8/82) 9730.36 Home Occupations. Conditions. Home occupations may be permitted in mobilehome parks, and in R1, R2, R3, and R4 districts provided the following conditions are met: (a) Business shall be restricted to one room in the dwelling and all materials, supplies, equipment, products, or facilities shall be stored and kept therein. (b) Garages shall not be used in connection with such business except to park business vehicles. (c) No person residing off the premises shall be employed. (d) There shall be no display of merchandise, projects, operations, signs, or nameplates of any kind visible from outside the dwelling. (e) The appearance of the dwelling shall not be altered, nor shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non-residential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever. 5/91 9730.36(f)-9730.42 Huntington Beach Ordinance Code (f) The occupation shall not increase pedestrian or vehicular traffic in the neighborhood. (g) The occupation shall not require the use of commercial vehicles for delivery of materials to or from the premises. (h) No commercial vehicle or equipment used in conjunction with the occupation shall be parked overnight on the street or in any yard area of the premises. (i) The occupation shall not create noise, odor, dust, vibration, fumes, or smoke readily detected at the boundaries of the parcel on which it is situated, and shall not create any disturbance which adversely affects electrical appliances located on adjacent properties. 0) All applicable provisions of the Uniform Fire Code shall be met. (k) A home occupation to give swimming instruction in an outdoor swimming pool shall be subject to approval of a use permit by the Zoning Administrator. Each swimming class shall be limited to four (4) students, and no more than two (2) vehicles shall be used to transport students to such classes. At the time application is made for a use permit, the applicant shall also furnish evidence of liability insurance conditioned that applicant shall indemnify and save harmless the City, its officers and employees from any and all loss, costs, damages, expenses or liability which may arise out of or result from the granting of the permit or the conduct of the activity for which the use permit is issued, and all loss or damage that may be sustained by any person as a result of, or which may be caused by or arise out of the conduct of the activity for which the permit is issued. Such policy of insurance shall be written by an insurance company acceptable to the City, in the sums required by Resolution No. 4337 as it presently exists or may hereafter be amended, and shall be maintained in such sums at applicant's expense at all times during the period for which the use permit is in effect. (2556-8/82) 9730.38 Inspection of Premises. Any authorized City employee may inspect the premises for which application has been made or permission granted for a home occupation at any reasonable time. (2556-8/82) 9730.40 Home Occupation Application. At the time application is made to conduct a home occupation, the applicant shall pay a fee established by resolution of the City Council, and sign an affidavit that he understands all of the conditions of approval for the operation of such home occupation, and will comply with such conditions. Any violation of the conditions, set out hereinabove, or other conditions of approval imposed by the Zoning Administrator shall be cause for revocation of the authorization to conduct said occupation, and such occupation shall cease immediately upon revocation. (2556-8/82) 9730.42 Revocation of Home Occupation Permit. Appeal. A permit to conduct a home occupation may extend from year to year provided that there have been no complaints regarding the conduct of such operation. Upon receipt of a complaint the Zoning Administrator shall hold a public hearing to review the 5/91 Huntington Beach Ordinance Code 9730.42-9730.52(b) application and determine whether such occupation may continue. The decision of the Zoning Administrator shall be final, subject to appeal as provided elsewhere in this code. (2556-8/82) 9730.44 Commercial. Professional and Industrial Uses. Housing of Goods. All goods, wares, merchandise, produce and other commodities which are stored or offered for sale or exchange in the professional, commercial, and industrial districts, shall be housed in permanent buildings except as otherwise provided by this code. (2556-8/82) 9730.48 Nonrelated Persons. Twenty-four Hour Care. No person shall conduct, operate or maintain, or permit to be conducted, operated or maintained, or participate in the conduct, maintenance or operation of a home for the care of nonrelated persons on a twenty-four (24) hour basis in the City of Huntington Beach until application for a use permit has been made and approved by the Zoning Administrator. (2556-8/82) 9730.50 Applications. Criteria For. The Zoning Administrator shall consider the following criteria when reviewing applications for the care of nonrelated persons: (a) The care of six (6) of fewer nonrelated persons shall be conducted only in a state-authorized, certified or licensed family care home, foster home or group home which complies with all applicable laws and regulations. Evidence of such authorization or license shall accompany the initial application. (b) A minimum of 150 square feet of floor area shall be provided for each person residing on the property. (c) A minimum of 150 square feet of fenced, outdoor play area with a minimum dimension of ten (10) feet shall be provided for each ambulatory child under the age of sixteen (16). (d) In no way shall the appearance of the dwelling be altered whether by colors, materials, construction, lighting, windows, signs, sounds, or any other means so that it may be reasonably recognized as serving other than a residential use. (e) The number and location of all exits shall comply with the requirements of the Huntington Beach Building Code. For the purpose of this section nonrelated shall mean any person residing on the property who is not related by blood, marriage or legal adoption. (2556-8/82) 9730.52 Temporary Commercial Parkin; Lots. Temporary parking lots may be permitted for a period of five (5) years subject to approval of a use permit by the Zoning Administrator, and compliance with the following standards: (a) All parking space dimensions, striping, driveway widths and layout shall comply with Article 960. (b) Paving shall be two (2) inches of asphalt over ninety (90%) percent compacted native soil, or as approved by the Community Development Department. 5/91 9730.52(c)--9730.56(a) Huntington Beach Ordinance Code (c) On-site signs shall not exceed twelve (12) square feet, shall not be more than ten (10) feet high, and shall be in accord with the design established for the municipal parking lot at the pier. (d) Landscaped planters, with an inside dimension of three (3) feet shall be provided along street side property lines excluding driveways. ,(e) All required landscaping shall be approved by the Department of Public Works pursuant to standard plans and specifications on file in such department. (f) All landscaped areas shall have sprinkler systems. (g) The physical boundaries of the parking lot shall be marked by low profile pilasters with chain or cable connectors or low profile wood poles and heavy rope connectors. The design and materials shall be approved by the Zoning Administrator. (h) Landscaping shall be protected from vehicle and pedestrian damage by one of the following methods: (1) Wheel bumpers (asphalt, concrete, or wood). (2) Asphalt or concrete curbs, or (3) Any other design that will provide adequate protection, approved by the Zoning Administrator. (i) Parking lots equipped with automatic entry devices shall locate such devices at the entrance, set back twenty (20) feet from the right-of-way, or at a distance determined by the Zoning Administrator. (2556-8/82) 9730.54 Temporary Commercial Parking Lots. Revocation of Use Permit. The Zoning Administrator may revoke a use permit for any temporary commercial parking lot when the permittee fails to comply substantially with any of the conditions of approval or applicable provisions of the City codes, including failure to maintain the site in a clean, orderly condition, free of all debris and trash. (2556-8/82) 9730.56 Seasonal Parking, Lots. Seasonal parking lots may be permitted from Memorial Day through the third weekend in September within one thousand (1,000) yards of the mean high tide line of the Pacific Ocean for a maximum of five (5) successive summer seasons, subject to annual approval of an administrative review application by the Zoning Administrator. Any seasonal parking lot which has operated for two consecutive summer seasons may thereafter be required by the Zoning Administrator to conform to the requirements set out in this article for temporary commercial parking lots. The following standards shall apply to seasonal parking lots: (a) Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three (3) feet in height, solidly built. At a minimum, posts shall consist of 4" x4" wood or equivalent metal posts a minimum of one and one-half (1-1/2) inches in diameter securely set in the 5/91 Huntington Beach Ordinance Code 9730.56(a)--9730.57 ground and placed eight (8) feet on center. The posts shall be connected with at least one (1) strand of one-half (1/2) inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. A means of closing and locking of the access opening after business hours shall be provided. (b) All aisle dimensions, bay depths, driveway widths, circulation and turning radii, shall comply with Article 960 herein and Fire Department requirements. Median lines of parking bays shall be marked off by a physical barrier such as concrete wheel bumpers, telephone poles or equivalent. (c) Lots shall be surfaced to meet minimum specifications as established by the Public Works, Fire, and Community Development Departments for support of vehicles and to provide dust control. (d) The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site sufficient to accommodate and store all trash that accumulates on the lot. (e) Lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business day. (f) An attendant shall be on duty at all times during business hours. (g) Directional and informational signs shall be displayed on-site to provide identification of entry into the parking lot and charges for parking and hours of operation. Such signs shall be located at the entrance in a copy size visible to motorists entering the parking lot. On-site signs shall not exceed twelve (12) square feet and shall not be more than eight (8) feet high, nor less than six (6) feet high. Said signs shall be removed from the site each season no later than the third weekend each September. (h) An approved fire extinguisher shall be provided on the premises during business hours. (i) A certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of $300,000 per occurrence shall be filed with the Department of Administrative Services. 0) A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. (2556-8/82, Urg Ord 2693-5/84, 2691-6/84) 9730.57 Seasonal Parking Lots. Conformance to Standards Prior to Permit. Revocation of Permit. Subsequent to approval of an application for a seasonal parking lot by the Zoning Administrator, the applicant shall meet all standards, requirements, and install all improvements. The parking lot shall be then inspected and approved by the City prior to issuance of a Certificate to Operate. The Zoning Administrator may revoke an administrative review application approval and the Certificate to Operate for a seasonal parking lot when the permittee fails to comply with standards and conditions set forth herein. (Urg Ord 2693-5/84, 2691-6/84) 5/91 9730.58--9730.64(b) Huntington Beach Ordinance Code 9730.58 Automobile Related Standards. The following standards shall be applicable in all districts which allow major and minor automobile repair uses not otherwise regulated by this code: (a) Service bays: (1) The ingress and egress to service bays shall be designed to minimize visual intrusion onto abutting property zoned or general planned for residential use. (2) Service bay doors shall be constructed of opaque materials. (3) Landscaping shall be in compliance with the provisions of this code and shall be designed to conceal service bays and the entrances thereto. (b) Outside storage: All outside storage shall be completely screened from view by a masonry wall, not over eight (8) feet high, and contained behind the front setback. Storage areas shall not be larger than 20 percent of the gross floor area of the main structure. (2556-8/82) 9730.60 Trash Areas. All commercial and industrial uses shall provide bins on-site for the storage of trash and refuse behind the required setback. Such areas shall be enclosed on three (3) sides by a six (6) foot high solid masonry wall and equipped with a six (6) foot gate facing away from the street. The design and materials used in such trash enclosures shall harmonize with the main structure. (2556-8/82) 9730.62 Archaeological Remains. The filing of an application for a use permit, accompanied by a fee established by resolution of the City Council, shall be required prior to any grading, digging, trenching, or other surficial disturbance to a depth of more than six (6) inches of any area appearing on an archeological map, or within one hundred (100) feet of such area. Archeological maps, adopted by the City Council as part of the Open Space and Conservation Element of the General Plan, are on file and available for inspection in the Community Development Department. (2556-8/82) -9730.64 Temporary Outdoor Events. (a) Except for swap meets which are expressly prohibited, temporary outdoor events, defined in Article 970, not otherwise regulated by the ordinances of this City, shall be permitted at the following locations upon approval of a use permit by the Zoning Administrator: (1) Commercial or industrial property. (2) Property abutting an arterial highway. (3) Parking lots, and (4) Public or private waterways. (b) No public hearing shall be required for temporary outdoor events lasting no longer than three (3) consecutive days. 5/91 Huntington Beach Ordinance Code 9730.64(c)--9730.80(b)(8) (c) Other provisions of this code notwithstanding, an applicant for a use permit to hold a temporary outdoor event shall appeal an adverse decision of the Zoning Administrator within two (2) days after such adverse decision has been rendered. 9730.66 Residential Parking Requirements. Coastal Zone. Each dwelling unit located in the California Coastal Zone shall have a minimum of two (2) on-site parking spaces. Such parking spaces may be arranged in tandem for that portion of the total parking requirement which exceeds the minimum parking requirement of the base zone, and the two-space tandem parking, as required herein, shall be assigned to the same dwelling unit. (2556-8/82) 9730.68 Private Garages and Carports. Residential Uses. All private garages and carports, permitted as accessory structures under applicable provisions of this code, shall be constructed at the same time as the main building. (2556-8/82) 9730.70 Certificate of Occupancy. Before any certificate of occupancy can be issued, the use for which such certificate of occupancy is to be obtained shall comply with all applicable City codes. (2556-8/82) 9730.80 Certificate to Operate. (a) Operation of any temporary, provisional or seasonal business or use of property, which does not require a Certificate of Occupancy, is prohibited and a business license will not be issued until a Certificate to Operate is issued by the Director. (b) After final inspection when it is found that the operation of a business or use of a property complies with the provisions of this code and other applicable laws, the Director shall issue a Certificate to Operate which shall contain the following: (1) The address or location of the business or property. (2) The name and address of the property owner. (3) The name and address of the business operator. (4) A description of the business or use of the property. (5) A statement that the business or use complies with the requirements of this code. (6) Signature of the Director or his duly authorized representative. (7) The dates and/or period of time during which the certificate is valid. (8) Certificate to Operate Fee. Whenever an application is made for a Certificate to Operate, a processing fee for the certificate of Occupancy in an amount established by resolution of the City Council shall be paid to the City. This fee shall be in addition to all other required fees. If subsequent review of the application results in denial of the Certificate to Operate, such fee shall not be refunded. (2556-8/82, Urg Ord 2693-5/84, 2691-6/840 5/91 9730.85--9730.85.3(c) Huntington Beach Ordinance Code 9730.85 Satellite dish antennas. The following provisions shall regulate the installation of satellite dish antennas on residential real property in this City. These regulations are not applicable to commercial or industrial developments. (2831-6/86) 9730.85.1 General provisions. (a) One satellite dish antenna shall only be permitted installation per single—family residential lot, apartment project, or planned residential development. (b) Maximum width of a satellite dish antenna shall be ten (10) feet in diameter. (c) All satellite dish antennas, including support structures and wiring, shall be screened from view from adjacent properties and public rights—of—way by the use of walls, fences, and/or landscaping materials. A minimum height of seven (7) feet is required for landscaping. (d) No advertising or text shall be permitted on a satellite dish antenna. (e) All antennas and the construction and installation thereof shall conform to building code and electrical code regulations and requirements. (f) Antennas shall meet all manufacturers' specifications, be of noncombustible and corrosive—resistant material, and be erected in a secure, wind—resistant manner. (g) Every antenna shall be adequately grounded for protection against a direct strike of lightning. (2831-6/86) 9730.85.2 Satellite dish antennas attached to main structures. When attached to a main structure the satellite dish antenna shall: (a) Not exceed the maximum building height for the district in which it is located; (b) Not encroach into any required setback; (c) Be screened from view from adjacent property or public rights—of—way through the use of parapet walls or other architectural elements, approved by the Director of set back sufficiently from street not to pose a visual obstruction. (2831-6/86) 9730.85.3 Satellite dish antennas detached from main structures. When detached from a main structure, a satellite dish antenna shall: (a) Be limited to a maximum height of ten (10) feet; (b) Maintain the setback requirements for accessory structures; and (c) Not be located within a required open space or private recreation area, or required parking space. (2831-6/86) 5/91 Huntington Beach Ordinance Code 9730.64(c)--9730.80(b)(8) 9730.85.4 Satellite dish antennas—Exception. A use permit application may be processed for those sites incapable of receiving signals from an antenna to be installed pursuant to these regulations. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area is necessary for the reception of usable satellite signals. (2831-6/86) 9730.86 Transportation demand management. All references to this section shall include Section 9730.86.1 through 9730.86.4. These regulations shall apply to all districts. (3107-5/91) 9730.86.1 Purpose and intent. It is the purpose and intent to meet the requirements of AB 1791 Section 65089.3(a)(2), to mitigate the impacts that development projects may have on transportation mobility, congestion and air quality, and to promote transportation demand management strategies. (3107-5/91) 9730.86.2 Definitions.For purposes of this Section, the definitions for the following terms shall apply: (a) Alternative transportation mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing, public transit, bicycling or walking. (b) Carpool: Two (2) to six (6) persons traveling together in a single vehicle. (c) Employee: Means any person employed by a firm, person(s), business, educational institution, non-profit agency or corporation, government agency, or other entity which employs 100 or more persons at a single worksite. "Employee" shall include persons employed on a full-time, part-time,or temporary basis. (d) Employer: Means any person(s), firm business, educational institution, government agency, non-profit agency or corporation, or other entity which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full and/or part-time/temporary basis. (e) Building Size: Means the total gross floor area measured in square feet of a building or group of buildings at a worksite. Includes the total floor area of both new development and existing facilities. (f) Mixed-Use Development: Means new development projects that integrate any one of these land uses with another: residential, office, commercial, industrial and business park. (g) Tenant: Means the lessee of facility space at a development project who may also serve as an employer. (h) Transportation Demand Management (TDM): Means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; and reduction of VMT and the number of vehicle trips. 5/91 9730.86.2--9730.86.3(d)(2) Huntington Beach Ordinance Code (i) Vanpool: Means a vehicle occupied by seven (7) or more persons traveling together. (j) Worksite: Means a building or group of buildings which are under common ownership and the place of employment, base of operation, or predominate location of an employee or group of employees. (3107-5/91) 9730.86.3 Applicability: (a) These regulations apply to any discretionary permit per Chapter 9800 for commercial,industrial, institutional, or other uses which are determined to employ 100 or more persons, as determined by the employee generation factors specified under subsection d. This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees. (b) These regulations apply to all districts, planned communities and specific plan areas including those covered by development agreements. These regulations shall supercede other ordinances in which there is a conflict. (c) Notwithstanding "a" above the following uses and activities shall be specifically exempt from the provisions of this section: (1) Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers. (2) Other temporary activities per Article 973 or as authorized by the Planning Commission when such temporary activities are for a period not to exceed 30 days and held no more than once a year. (d) Employee generation factors shall be based on one of the following: (1) Employment projections developed by the property owner, subject to approval by the Director of Community Development or his designee; (2) Building sizes shall be considered equivalent to the 100 employee threshold as follows: Building Size (in square feet) Tyne of Use Equivalent to 100 Employees Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0.8 employees/hotel room Motel 1.2 Resort Hotel 100,000 Mixed or multiple use (1) Warehouse 100,000 5/91 Huntington Beach Ordinance Code 9730.86.3(1)--9730.86.4(c)(1) (1) The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use. (3107-5/91) 9730.86.4 Site development standards: Development projects subject to this section shall comply with the following site development standards: .(a) Parking for carpool vehicles (1) The following percentages of the total required parking spaces per Article 960 shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only": Percent of Total Parking Devoted Type of Use to Employee Carpool Parking Office Professional 13% Hospital and Medical/Dental Office 9% Industrial/Warehouse 14% Commercial/Retail 5% Hotel 1 space for every 2 employees (2) Carpool spaces shall be located near the building's identified employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director of Community Development. (b) Shower and Locker Facilities Shower and locker facilities shall be provided for use by employees or tenants who commute to the site by bicycle or walking. The use of such facilities shall be provided at no cost to the user. The design of such facilities shall be shown on the plot plans in the permit application and conform to the following. (1) Lockers shall be provided at a minimum ratio of 1 for every 20 employees based. (2) Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees. (c) Bicycle Parking (1) Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking space for every 20 employees or fraction thereof, in a secure location, and in close proximity to employee entrances, for use by employees or tenants who commute to the site by bicycle. 5/91 9730.86.4(c)(2)--9730.86.4(g) Huntington Beach Ordinance Code (2) A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user-provided six (6) foot cable and lock. (d) Commuter Information Areas A commuter information area shall be provided to offer employees appropriate information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and shall be sufficient size to accommodate such information on alternative transportation modes. (e) Passenger Loading Areas Unless determined unnecessary by the decision-maker, per Chapter 98, passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows: (1) Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to 1% of the required parking for the project. (2) The passenger loading areas shall be located as close as possible to the identified employee entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets. (f) Parking for Vanpool Vehicles Unless determined unnecessary by the decision-maker, per Chapter 98, parking for vanpool vehicles shall be provided as follows: (1) The number of vanpool parking spaces shall be at least 1% of the employee carpool parking spaces and reserved for such by marking the spaces "Vanpool Only". (2) For parking structures, vanpool vehicle accessibility shall include minimum 7,2" vertical clearance. (3) Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations. (g) Bus Stops Unless determined unnecessary by the decision-maker, per Chapter 98, bus shelter, pullouts, and pads shall be provided as necessary in consultation with affected transit service providers. (3107-5/91) S/91 9730.88 Outdoor Dining. Outdoor dining on public or private property may be permitted subject to use permit approval by the Zoning Administrator and compliance with this section. (a) Definitions. For purposes of this section, the following words shall have the meanings as defined herein: (1) Beach Area: The ocean side of Pacific Coast Highway including the Bluff Top Park area and the Pier. (2) Bluff Top Park Area: That area of improved beach access bounded on the south by 9th Street continuing north to the dividing line of Bolsa Chica State Beach. (3) Mini-Parks: Areas under city ownership for purposes of open space, plazas, V�r^�p) landscape buffers or public gathering. C�`' (4) Outdoor Dining: An area where a cafe/restaurant provides food service on either public right-of-way, city owned open space, or privately owned open space. (5) Physical Obstruction: Things that affect the use of property including but not limited to light standards, trees, parking meters, trash receptacles, traffic signals, signs, benches, phone booths, newspaper stands, bus stops, driveways, pedestrian ramps, etc. (6) Pier: The structure owned by the city that extends from the termination of Main Street at Pacific Coast Highway into the Pacific Ocean 1966 feet. (7) Pier Plaza: The area adjacent and contiguous to the pier. (8) Privately Owned Open Space: That area under private ownership that is designated by a specific plan as required open space, required by condition of approval, or required setback. (9) Public Right-of-Way: That property dedicated through acquisition or easement for the public right-of-way which includes the area spanning from the external side of the sidewalk on one side of a street to the external side of the sidewalk on the other side of a street. (b) Location and design criteria. Outdoor dining shall conform to the following location and design criteria: (1) The outdoor dining shall be an extension of an existing or proposed eating or drinking establishment on contiguous property. (2) Outdoor dining located on the sidewalk area of the public right-of-way shall be limited to commercial areas within the Downtown Specific Plan. (3) Outdoor dining located on the sidewalk area of public right-of-way shall provide a minimum 8 foot clear passage area for pedestrian access. (4) A minimum 10 foot wide pedestrian walkway shall be provided when located in a mini—park, public plaza or beach area. (5) Outdoor dining located on public property shall be separated from the clear passage area on the public sidewalk and/or pedestrian walkway by a temporary cordon. (6) At street intersections, the triangular area formed by measuring 25 feel along the curb lines or the area formed by the extension of the property lines to the curb lines, whichever is more restrictive, shall be clear passage area. (Insert diagram here) (c) Factors to consider. The Zoning Administrator shall consider the following factors regarding the location and the design of the outdoor dining: (1) The width of the sidewalk; (2) The proximity and location of building entrances; (3) Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches, phone booths, newsstands and utilities; (4) Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones, taxi stands, hotel zones, or passenger loading; (5) Pedestrian traffic volumes; and (6) Handicapped accessibility. (d) Operating Requirements. (1) A license agreement 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 have been violated. Termination of a license agreement shall nullify the use permit. (2) 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. (3) 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. (4) An outdoor dining operator shall not sell to motorists or persons in vehicles. (5) The applicant (or operator) shall pay all fees and deposits required by the Huntington Beach Municipal Code and Ordinance Code. L(g) pEnforcement. All provisions of the Huntington Beach Municipal Code shall apply. No alcohol beverages may be served on public property except as approved by the city. kine. Parking for outdoor dining on private property shall be provided on—site at —half the ratio required by Article 960 for the restaurant building. No additional king shall be required for outdoor dining on public property. Enforcement of this Section shall be by the Community Development ector or his/her designated agent. LEGISLATIVE DRAFT DOWNTOWN SPECIFIC PLAN 4.3.01 Permitted Uses: (a) New construction and establishment of the following uses in District#1 shall be permitted subject to the approval of a Conditional Use Permit. Change of use shall be subject to the approval of the Director. A. Antique stores Art gallery B. Bakeries (no more than seven(7) employees) Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand(5000) square feet) Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Boutique C. Clothing stores Coin, stamp and art dealers Confectioners Curio Shops D. Delicatessens Drug stores F. Florists Fruit and vegetable stores G. Game stores Gifts and party shops Groceries (convenience) 1. Ice cream parlors J. Jewelry stores L. Laundromats M. Marine insurance Meat or fish markets 1 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 N. Newspaper and magazine stores Newstands Novelties O. Office Outdoor dining pursuant to Section 9730.88 of the -nzw Huntington Beach Ordinance Code P. Photographic studios Photographic equipment sales Photographic processing (no more than one (1) developing machine) S. Shoe stores Sporting goods T. Tourist related public and semipublic buildings, services and facilities Travel Agency Y. Yacht brokers (no storage) 2 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 4.5.01 Permitted Uses: (a) New construction and establishment of the following uses in District#3 shall be permitted subject to the approval of a Conditional Use Permit. Change of the use shall be subject to the approval of the Director. A. Antique stores Art gallery B. Bakeries (no more than seven(7) employees) Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5,000) square feet) Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores C. Clothing stores Coin, stamp and art dealers Confectioners Curio Shops D. Delicatessens Drug stores F. Florists Fruit and vegetable stores G. Game Stores Gifts and party shops I. Ice cream parlors J. Jewelry stores L. Laundromats within hotels or motels M. Marine insurance N. Newspaper and magazine stores Newstands Novelties O. Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance code 3 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 P. Photographic studios Photographic equipment sales Photographic processing (no more than one (1) developing machine) S. Shoe stores Sporting goods T. Tourist related public and semi-public buildings, services and facilities Travel agency Y. Yacht brokers (no storage) 4 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 4.6.01 Permitted Uses. The following principal uses and structures shall be permitted in District #4 subject to approval of a Conditional Use Permit: (a) Residential Use - all residential uses including single family and multi-family housing, apartments, condominiums and stock cooperatives. Note: Single Family Detached Dwellings which comply with the development standards in District#4 shall be subject to the approval of the Design Review Board in lieu of a conditional use permit. (b) Office Use -professional, general business and non-profit offices. (c) Mixed-Use - Mixed Residential/Office Use developments shall be permitted provided that residential uses: • Be segregated to separate structure or restricted to the second story or above; • Not occupy any portion of the same story with non-residential uses, unless they are provided with adequate physical and acoustical separation; • Be on contiguous floors within a single structure; • Be provided with separate pedestrian ingress and egress; • Be provided with secured, designated parking. (d) Commercial Use - Commercial uses which are integrated within and clearly incidental to an office use, shall be permitted provided that it cumulatively does not exceed ten(10)percent of total gross floor areas of the development. The following uses shall be permitted: • Barber Shops (a maximum of two (2) chairs); • Beauty Shops (a maximum of two (2) stations); Prescription Pharmacies; • Restaurants/coffee shops (on-site sale or consumption of alcoholic beverages is limited to beer and wine only};outdoor dining may be Cpermitted pursuant to Section 9730.88 of the Huntington Beach Ordinance Code); • Parking lots and structures. 5 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 4.7.01 Permitted Uses. (a) New construction and establishment of the following uses in District#5 shall be permitted subject to the approval of a Conditional Use Permit. Change of use shall be subject to the approval of the Director A. Antique stores Art gallery B. Bakeries (no more than seven(7) employees) Banks and savings and loans branch offices (no drive-up windows) Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Boutiques C. Clothing stores Coin, stamp and art dealers Confectioners Curio Shops D. Delicatessens Drug stores Dry cleaning (no plants) F. Florists Fruit and vegetable stores G. Gifts and party shops Groceries H. Hardware stores Hobby supplies I. Ice cream parlors J. Jewelry stores L. Laundromats M. Marine insurance Meat or fish markets Millinery 6, 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 N. Newspaper and magazine stores Newstands Novelties O. Office Supplies C Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance code P. Parks Photographic studios Photographic equipment sales Photographic processing S. Shore repair Shoe stores Sporting goods Stationery stores T. Tailor shops Travel agency Y. Yacht brokers (no storage) 7 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 4.8.01 Permitted Uses. A. Antique stores Appliance stores Art gallery Auto accessory/repair shops B. Bakeries (no more than seven(7) employees) Banks and savings and loans branch offices (with drive-up windows) Barber, beauty, manicure shops Bicycle sales, rental and repair Boat and marine supplies Bookstores C. Catering establishments Clothing stores Coin, stamp and art dealers Confectioners Curio Shops D. Delicatessens Department stores Drug stores Dry cleaning (no plants) Dry goods and notions F. Florists Fruit and vegetable stores Furniture stores G. Gifts and party shops Groceries H. Hardware stores Hobby supplies I. Ice cream parlors J. Jewelry stores L. Laundromats, laundries 8 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 M. Marine insurance Medical and dental laboratories Meat or fish markets Millinery N. Newspaper and magazine stores Newstands Novelties O. Offices Office Supplies Outdoor dining pursuant to Section 9730.88 of the 72euJ Huntington Beach Ordinance code P. Parks Photographic studios Photographic equipment sales Photographic processing (no more than one (1) developing machine) Plazas S. Shore repair Shoe stores Sporting goods Stationery stores T. Tailor shops Travel agency U. Undertakers 9 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 4.9.01 Permitted Uses. (a) New construction and establishment of the following uses in District#7 shall be permitted subject to the approval of a Conditional Use Permit. Change of use shall be subject to the approval of the Director. A. Antique stores Art gallery B. Bakeries (no more than seven(7) employees) Banks and savings and loans branch offices (not to exceed five-thousand (5,000) square feet) Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Botanical Gardens Boutiques C. Clothing stores Coin, stamp and art dealers Confectioners Curio Shops D. Delicatessens F. Florists Fruit and vegetable stores G. Game Stores Gifts and party shops Groceries (convenience) I. Ice cream parlors J. Jewelry stores L. Laundromats 10 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 M. Marine insurance Meat or fish markets N. Newspaper and magazine stores Newstands Novelties O. Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance code S. Shoe stores Sporting goods T. Tourist related public and semi-public buildings, services and facilities Travel agency Y. Yacht sales (display only) Note: Visitor-serving commercial uses must be a part of all development proposals in this District, with a minimum requirement that the entire street level be devoted to Visitor-Serving Commercial Uses. 11 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 4.11.01 Permitted Uses. The following uses and structures shall be permitted in District#9 aye subject to approval of a Conditional Use Permit—. :Pkese uses inel de: hotels, motels, restaurants and recreational facilities. Outdoor dining may be permitted pursuant to CSection 9730.88 of the Huntington Beach Ordinance Code. 12 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 4.12.01 Permitted Uses. The following uses maybe permitted in District#10 subject to approval of a Conditional Use Permit. A. Aquariums B. Bait and tackle shops C. Commercial uses or public recreation facilities (beach-related) M. Museums P. Parking lots that will not result in the loss of recreational sand area. Tiered parking is permitted within the Downtown Specific Plan area on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the top of the structures including walls, etc., are located a minimum of one foot below the maximum height of the adjacent bluff. R. Restaurants (including fast food with take out windows; outdoor dining may be permitted pursuant to Section 9730.88 of the Huntington Beach Ordinance Code) Retail sales (beach-related) Note: Only parking uses are permitted in this District northwest of Sixth Street. 13 4\s\Ord:Leg.Draft,Specific Plan\02/24/94 huntington beach department of community development STAff EpOR EXECUTIVE SUMMARY JANUARY 19 , 1994 CODE AMENDMENT NO. 93-5A and B/ NEGATIVE DECLARATION NO. 93-20 (City-wide) Code Amendment No . 93-5, in conjunction with Negative Declaration No . 93-20, is a request to establish zoning provisions to allow outdoor cafes and carts/kiosks on private or public property. This project was continued from the Planning Commission meeting of December 7, 1993 , to allow the draft ordinance to be separated into two documents based on recommendations of the Planning Commission subcommittee. The code amendment has been divided into two (2) ordinances as follows : Code Amendment No . 93-5A reflects standards for outdoor dining as discussed and recommended by the Planning Commission sub-committee. Code Amendment No. 93-5B outlines standard for carts/kiosks and is still being discussed by the sub-committee. Staff recommends that Planning Commission approve Negative Declaration No. 93-20 and Code Amendment No. 93-5A, Outdoor Dining, with findings and forward to the City Council for adoption, and continue Code Amendment No . 93-5B, Carts and Kiosks . -74 � A-PL-FM-230 TO: Planning Commission FROM: Community Development DATE: January 19 , 1994 SUBJECT: CODE AMENDMENT NO. 93-5A (OUTDOOR DINING) AND CODE AMENDMENT NO. 93-5B (CARTS/KIOSKS)/NEGATIVE DECLARATION NO. 93-20 (CONTINUED FROM THE DECEMBER 7, 1993 PLANNING COMMISSION MEETING) 1 . 0 SUGGESTED ACTION: Motion to : "Approve Negative Declaration No . 93-20 and Code Amendment No. 93-5A, Outdoor Dining with findings and forward to the City Council for adoption, and continue Code Amendment No. 93-5B, Carts and Kiosks . " 2 . 0 GENERAL INFORMATION: At the December 7, 1993, Planning Commission meeting this item was continued to allow the Planning Commission Subcommittee an opportunity to meet to formulate a recommendation on the appropriate provisions to allow and regulate carts, kiosks, and outdoor cafes . The Planning Commission recommended that code amendment be separated into two (2) documents and directed staff to re-advertise the public hearing . The public hearing was re-advertised for consideration of Code Amendment No . 93-5A and B. Draft Code Amendment No . 93-5A reflects recommendations of the subcommittee; Code Amendment No . 93-5B contains the provisions of the original document applicable to carts and kiosks until the subcommittee finalizes its recommendation. 3 . 0 RECOMMENDATION: Staff recommends the Planning Commission approve Code Amendment No . 93-5A and Negative Declaration No . 93-20 and recommend their adoption to the City Council , and continue Code Amendment No . 93-5B.. ATTACHMENTS: 4 Al- eats Findings €ems-Beni-aT SH t"SP: kj 1 (7512d) r' +, huntington beach department of community development STAf -----REPORT EXECUTIVE SUMMARY DECEMBER 7, 1993 CODE AMENDMENT NO. 93-5/ NEGATIVE DECLARATION NO. 93-20 (City-wide) Code Amendment No . 93-5, in conjunction with Negative Declaration No . 93-20, is a request to establish zoning provisions to allow and , regulate outdoor uses, i .e. , carts, kiosks, and sidewalk cafes, on public or private property. This project was continued from the Planning Commission meeting of November 16, 1993 . Staff recommends the Planning Commission approve Negative Declaration No. 93-20 and Code Amendment No. 93-5 with findings and forward to the City Council for adoption. a h 5 A-PI-FM-230 TO: Planning Commission FROM: Community Development DATE: December 7, 1993 SUBJECT: CODE AMENDMENT NO. 93-5/NEGATIVE DECLARATION NO. 93-20 (CARTS, KIOSKS AND SIDEWALK CAFES-CONTINUED FROM THE NOVEMBER 16, 1993 PLANNING COMMISSION MEETING) 1 . 0 SUGGESTED ACTION: Motion to : "Approve Negative Declaration No . 93-20 and Code Amendment No. 93-5 with findings and forward to the City Council for adoption. " 2 . 0 ISSUES AND ANALYSIS: Code Amendment No . 93-5, in conjunction with Negative Declaration No . 93-20, is a request to establish zoning provisions to allow and regulate outdoor uses, i .e. , carts, kiosks, and sidewalk cafes, on public or private property. This project was continued from the Planning Commission meeting of November 16, 1993 . At the public hearing, staff presented slides of various carts, kiosks, and sidewalk cafes located in the Downtown area . These slides depicted the availability of sidewalk area for pedestrian access . Twenty-one (21) persons spoke at the public hearing. Their comments primarily focused on five (5) major issues : parking, discretionary review, grandfathering existing uses, separate ordinances for outdoor dining and carts/kiosks, and alcoholic beverages . The following is a discussion of each issue. Parking Under the present code, the outside seating area of a restaurant is considered part of the restaurant use and requires parking at a ratio. of one (1) space per 100 square feet of area . This requirement applies to restaurants city-wide. The proposed ordinance is to lower that parking ratio to one half (1/2) space per 100 square feet of dining area . A lower ratio is appropriate because the outdoor cafe portion attracts pedestrian customers and does not contain business activity usually contained within the building such as kitchen, storage, restrooms . In addition, the outdoor dining is primarily used during nice weather conditions . Other times it is under utilized; therefore, a full parking requirement would result in excessive parking . The proposed ordinance would not require parking for carts/kiosks . Discretionary Review Presently, any expansion of an existing restaurant requires_ review and approval of a use permit by the Zoning Administrator . A public hearing is required which allows. for adjoining property owners to be notified and express their opinions/concerns before a decision is made by the City for expansion. The proposed ordinance maintains that .apr:ocess . Review by the Zoning Administrator is appropriate because it is less costly to the applicants and more expeditious than by the Planning Commission due to less staff time is involved . Grandfathering Existing Uses Since the establishment of the Cart/Kiosk Committee a couple of years ago, the City' s policy has been to prohibit any further carts/kiosks in the downtown area until the draft ordinance regulating such uses is approved. In addition, outdoor dining establishments are reviewed and processed pursuant to the Downtown Specific Plan (use permit or conditional use permit, depending on whether alcoholic beverages or live entertainment is included, and in some cases, a coastal development permit) . Some restaurants have received zoning approval for outdoor dining . which included a requirement to pay an in-lieu parking fee if their expansion required additional parking, and to conform to any future ordinance regulating outdoor dining (i .e. setbacks, walkway clearance, etc. ) . Also, if the outdoor dining was on public right-of-way, an Encroachment Permit and Maintenance Agreement through the Department of Public Works was required. Other restaurants, approximately six (6) , have expanded by providing outdoor dining areas without any zoning entitlements . Code enforcement has been withheld pending the approval of the proposed ordinance. The proposed ordinance will require these businesses to obtain a use permit for the outdoor dining portion of their business . In addition, an Encroachment Permit and Maintenance Agreement will be required if the dining area is in the public right-of-way. If these businesses are "grandfathered" and not subject to zoning requirements, then the proposed regulations will be inconsistently applied to businesses downtown. Ordinance Format Separate Ordinances for sidewalk cafes and carts/kiosks creates duplication zoning provisions . The proposed code amendment separates and combines provisions where appropriate. Staff Report - 12/7/93 -2- (7457d) Alcoholic Beverages Alcoholic beverages on public property will be allowed subject to City approval depending upon the location of the restaurant . Alcoholic beverages can not be served/sold in outdoor dining areas in the public right-of-way along Main Street . However, a restaurant at the end of the pier on public property may be permitted to serve alcoholic beverages in their outdoor dining area adjacent to the building subject to City review. A committee of three (3) Planning Commissioners was selected to review the proposed code amendment, concerns raised at the public hearing, and written communications received from two (2) interest groups . Since the public hearing, staff has received numerous letters protesting the assessment of any additional parking or fees for any currently licensed restaurant, cafe or kiosk operations . These are included as attachments . 3 . 0 RECOMMENDATION: Staff recommends the Planning Commission approve Negative Declaration No . 93-20 and Code Amendment No. 93-5 with findings and forward to the City Council for adoption. ATTACHMENTS: 4 . Letter from Huntington Beach Tomorrow dated November 14 , 1993 5. Letter from Downtown Residents Association dated November 14 , 1993 6 . Letter from Larry Weese received November 19, 1993 7. Form letters from concerned citizens SH: : ss Staff Report - 12/7/93 -3- (7457d) Huntin n�Beachomorrow Box 865 Huntington Beach CA 92648 _ ( 714 ) 536-4181 November 14 , 1993 Commissioner Bob Biddle Commissioner Debbie Cook Commissioner Shirley Detloff Commissioner Gary Gorman Commissioner Roy Richardson Dear Chairman Richardson and Commissioners : Huntington Beach Tomorrow wishes to submit the following comments for your consideration with regard to Code Amendment 95-5 , which has been referred to as the carts and kiosks ordinance . We have been following this ordinance since it was proposed in March , 1992 , since we feel that such an. ordinance is necessary in order to provide for control long term outdoor sales in the downtown area and other areas in the city in which outdoor sales of a similar type may occur in the future . We are especially anxious that a comprehensive ordinance to control this type of outdoor sales in the downtown area be adopted as soon as possible to prevent further grandfathering of outdoor sales , such as the outdoor dining for Nicole 's and the irecently approved outdoor newsstand . Both of these were approved without being subjected to the scrutiny , evaluation and conditioning that would be required as part of a properly constituted long term outdoor sales ordinance . In addition , we have continued to push for adoption and application of a comprehensive outdoor sales ordinance in the downtown area because : 1 . we currently have an ordinance which requires that all outdoor sales be housed in permanent facilities and which has been continually ignored or violated; as a matter of principle and in the best interests of the city and its residents , we believe all ordinances _should either be enforced or be repealed or amended , if they are no longer deemed appropriate ; 2 . in fairness and for an orderly development of the downtown , we believe all applicants for long term outdoor sales opportunities should have to conform to the same rules and conditions in so far as possible ; 3 . we continue to share the fear that , without a base for adequate evaluation , conditioning and enforcement and through continued application of a piecemeal approval process , long term outdoor sales will negatively effect public open space and access 1 1 ./ tff areas and lead to resulting unacceptable and unwanted proliferation of these sales to the extent that the downtown takes on a swap meet like atmosphere . On November 27 , after several drafts and revisions by the administrative and legal staff , we were provided a copy of the carts and kiosks ordinance which we were told would shortly be submitted to you for consideration and possible approval . We had focused our comments on this and previous drafts . We had hoped to be able to get our comments to you earlier . On Friday , we were supplied a somewhat revised version of the ordinance and ' have had to revise our comments somewhat . We regret having to delay getting our comments to you , hope that you will still consider them to the fullest extent possible and ask that you incorporate then in the ordinance . The following are our comments , recommendations - and requests associated with the currently proposed ordinance which will be before you next Tuesday . 1 . We believe the ordinance submitted for your approval should cover all long term outdoor sales , service and consumption in, a generic fashion , with carts , kiosks , sidewalk cafes ( as they are usually construed ) as examples of of outdoor sales . We believe the ordinance should be so written and entitled . 2 . The ordinance was originally proposed in response to concerns expressed by downtown merchants . It has been considered only in a downtown context . We believe , however , that , since no similar unified ordinance exists for the rest of the city 's commercial areas , it will most likely be applied citywide as the occasion or need arises . We believe , therefore , that this ordinance should be considered and adopted with a citywide context . 3 . The ordinance needs to be more generically , concisely , explicitly and comprehensively written . The following are few of the many problems in this regard which we feel exist in the draft submitted for your consideration : a . L hes should be defined as those areas owned and administered as beach areas by the city , including the bluff-top park , the pier and pier plaza areas; b . physical obstructions should be defined as any obstruction to access , passage or use including , but not . limited to , light .standards, etc . ; C . parks should be defined generically with mini-parks . included as an example and then defined ; d . privately owned public access needs to be included as a definition ( and considered in the body of the ordinance ) ; e . areas jointly owned , administered or used as both public and private areas , e .g . the fountain area in the first block , need to 2 be defined ( and considered in the body of the ordi nonce ) ; f . so it can be easily understood , the public right-of-way requires a more exact definition involving property lines ; g . outdoor displays are not dealt with anywhere in this ordinance so why is the term included ; if they are going to be included , consideration needs to be given to whether or not they are going to be permitted and , if permitted , how they are to be controlled; h . outdoor sales are not defined in terms of the long and short term and associated service and consumption considerations ; i . sidewalk cafe should be termed outdoor cafe throughout the ordinance and generically defined , with sidewalk cafe as an example . 4 . The ordinance needs to be more properly ordered and collected . For instance , item 4 , page S of the ordinance dealing with the design criteria for kiosks and ( push )carts belongs in that Section C ( p . 2-3 ) of the ordinance . Otherwise , one has to hunt all over for requirements . This comment is also applicable, to a large degree , in the definitions which are not categorized in any obvious fashion . This ordinance as submitted is very difficult to follow . S . With regard to the permit required , Section A , pages 2-4 , and aside from the fact . that it should be located after the definitions , a . This ordinance covers significant , potentially long term uses . Just as is the case with other significant long term uses in the city., long term outdoor sales uses ought to be the subject of a CUP . " This CUP should be approved by the planning commission only after a properly and widely noticed application process which includes the opportunity for broad community comment and a public . hearing . These uses should not be approved as a UP by one individual , i .e . the zoning administrator , as a ministerial action and as part of a relatively obscure hearing process . We request that the CUP process be required for approval of the long term outdoor sales included in this ordinance . b . For the same reasons just given and especially since encroachment - involves the giving up of public right-of-way , open space and access for private use , we request that a consideration of any approval of encroachment be a part of the normal CUP process . c: . If encroachment is permitted , we request that approval require , . and be based upon , the satisfactory execut-ion of a lease including a lease payment and maintenance agreement for this public space ; the fee for the lease should be established as a result of the normal determination and lease process in the city and approved by prior action of t're city council 6 , With regard to the location r,d design criterial Section C , p . 2-4 , a . delete "existing or proposed " from item 1 .a . , p .3 ; we would not like to see the outdoor section of such an establishment go in before the indoor facility is complete ; b . we request item 1 .b . and 2 .b . be changed to provide for at least a minimum 10-foot wide walkway , free of physical obstruction , for pedestrian passage on public sidewalks ; this is the minimum for three people to pass , the average situation , in a congested area , especially when they are carrying packages ; if this amount of space can not be provided , then the sidewalk was not designed adequately to perm_t outdoor sales use and that use should riot be permitted ; C . we do not believe that 3 feet is enough between tables for adequate passage , use and service ; further , how this measurement is to be made is not stated ; we request that the distance of separation be a minimum of 6 feet , measured between the nearest edges of the table ; we believe that anyone who has ever used sat in an area of adjacent tables will recognize that when chairs are extended for use , 6 feet is a bare minimum for use and passage ; d . we thank staff for , and support the inclusion by staff of , items le . , If . and 2e . , which have not been included in previous drafts of the ordinance and should have been; e . we ask that the walkway- in l .d , be a minimum of 15 feet ; these areas are meant to retain their open space character and 10 feet simply does not do it ; f . a complete site plan should be required as part of the approval process but is not spelled out as part of this section and is only incidentally implied as part of the operating requirements ( p . 5 , item 5 ) . g . There is no limitation on the number of cafes , kiosks or carts to be permitted by this ordinance . We request that , if these uses are going to be permitted , limitations be placed on the number of each so that the area in which they" are permitted does not become a forest of these uses , take on the character of a swap meet and ultimately depreciate the area ; 7 . With regard to factors to consider , Section D , p . 4 , : a . . delete from "The zoning ad"ministrator." to the end of the paragraph ; as indicated above , these and other items should be part of staff" considerations and included in- the material for a CUP to be considered by the planning commission ; b . some other factors which should have been considered but have not been are user and public access and passage and impact on all open space , parks , and pu' -lic right-of-way and areas ( not just -sidewalks ) . S . With regard to the operating requirement , Section E . , p . 4-6 : a . the business license for the contiguous business should be amended to include the outdoor operations associated with an outdoor cafe ; c . as already indicated , item 4 belongs in Section C , item 1 ; d . hours of operation are referred to in item 3 but not set ; if they are not set in the ordinance , they should be set as part of the conditions for the CUP , after consideration and recommendation by staff and the public ; e . to what degree must the prices of items for sale from carts and kiosks be legible ; - if riot legible from a given distance what is the purpose of legibility anc: does this not amount , in many cases , to solicitation; f . item 8 is written the wrong way around and does not do the job; the requirement should be that the cart or kiosk be housed during nonoperational hours in an indoor permanent facility as currently provided by the code ( with code reference ) , except for special events as provided in the Huntington Beach Municipal Code ( with article and section cited ); g . item R should be deleted; as already indicated , a use permit is not appropriate to the long term . uses involved in this ordinance and we are absolutely opposed to transfer of a CUP; proper planning for , and evaluation and approval of , long t.erm uses is what a CUP is all about and any significant change like a transfer should have to go back through the process at the planning commission or council level . h . we support item 12 and commend staff for its inclusion , this is exactly the approach that should be used to provide short term control of the uses to be covered in this ordinance and is the _ . kind of response to enforcement concerns that we have and believe the citizens committee had ; we request , however , that the item be broadened to include. the CUP and lease agreement ; i . item 13 should be changed to read " no alcohol shall be provided or shall be allowed to be consumed as part of any I outdoor sales activity" or the equivalent ; the consumption of alcoholic beverages are not permitted outside on the streets of this city now and we see no reason wiry it should be as part of this ordinance ; we have enough problems already in this regard in the downtown area especially and this is just asking for more ; j . item 14 should be broadened to include the CUP and the lease in addition to the encroachment permit ; all three should be renewable by the appropriate city department( s ) , if there is r,o challenge or no sustained challenge to the permit ; in the event of a challeng,_ , permits should f,ave to be considered and renewed by the same process by which each was originally approved ; k . what is meant by a maintenance agreement should be spelled out in item 1S ; agreement to , and approval of , this agreement should be a condition of approval for all use and lease permits ; in addition , provision for cleaning and trash control should be included for the outdoor sales involving private and jointly controlled areas . 9 . With regard to Section 4 , p . 6 , we are in complete support of parking requirements being extended to outdoor sales ; these requirements should be commensurate in a square footage or usage basis with that required for indoor sales establishments . tie do riot agree with the concept that carts and kiosks ought to be exempt., because , once they are known to be there and they have anything special to - offer the general public , they may well generate some parking demand and it is fair for them to pay their fair share , little as that may be . We believe there ought to be at least a token fee which can then be changed as circumstances dictate in the future.. We have already seen enough problems associated with trying to put in valid fees after the fact . We do not believe that the current article as written does the job and believe it needs to be revised so that any parking requirements in place or adopted later will apply to these long term outdoor sales and uses . Thank you for taking the time to review these comments , recommendations . Again , we are sorry that they are supplied to you on such a short term basis , but we often do not get the final information until a relatively short time before a meeting . In closing , we wish to reiterate the fact that we are very anxious to have a good ordinance in place , since the effects of this ordinance are likely to be with us , the residents , for a very long time and could have significant negative effects for the residents of this city and their quality of life if not done right . Thank you for your continuing hard work on behalf of the citizens of this city . Sincerely , Bob Winchell President , for the Board of Directors and members of Huntington Beach Tomorrow carts/kic,sks 6 %WNTOWN 1E 0 • �. �I�� ]RESIDENTS� � I�Imo' �. ., Illl55P II . 159 it I9 ^ ASSOCIATION Gwl�on ! Uri Imn 14 November 1993 Chairman Richardson and Planning Commissioners City of Huntington Beach 2000 Main Street Huntington Beach, Ca. 92648 RE: AGENDA ITEM B-2: CODE AMENDMENT 93-5, NEGATIVE DECLARATION 93-20 - CARTS/KIOSKS/SIDEWALK CAFES Dear Chairman Richardson and Commissioners: The Downtown Resident's Association wishes to make comment on the first draft of the Cart/Kiosk/Sidewalk Cafe ordinance. 2.0 GENERAL INFORMATION: sub-heading on page 1 of the Staff Report recommends approval throughout the document by the Zoning Administrator. We are not in agreement with this, suggesting instead that all applications for either a cart/kiosk/sidewalk cafe come before the Planning Commission as a public hearing item. On page 2 of the Staff Report under Project Background it failed to note that the Committee voted 3-2 in favor of NO carts/kiosks in the downtown for the 3 reasons stated. On Page 3 it was also noted that a number of outdoor cafes have been approved by the City. How will they conform to the proposed Ordinance? Why were applications for recent sidewalk cafes not allowed to be conditioned to the upcoming Ordinance, when Agenda Item B-3 Cafe Classico is? Our first run through of this ordinance, picked up on Friday, generated the following preliminary questions: Where can carts and kiosks be located? How many can be located on Main Street, for example? Why are fees not spelled out? - Re sidewalk cafes, how many tables and chairs are allowed, or is this per individual application? What is the fee structure for each table per location? Special event days - and outside sales - maximum number of days per permit? Members of the DRA will go through the Draft Ordinance on a page by page basis with a list of preliminary additions and deletions for your consideration and a copy of our comments on the Draft Ordinance are attached. ` - towC r 1 1 ATTACHN4ENT NO. 1, PAGE I OF DRAFT ORDINANCE WE RECONIiNIEND THE FOLLO«VING ADDITIONS OR DELETIONS WHICH ARE HIGHLIGHTED IN BOLD CAPS: 9730.88 SIDEWALK CAFES. KIOSKS. AND PUSHCARTS: Outdoor sales and displays consisting of sidewalk cafes, kiosks or pushcart vendors of food AND NON-FOOD products. fresh fruits and vegetables, fresh flowers and live plants in pots may be permitted on public or private property zoned for commercial purposes in compliance %iIth this section. A. PERMIT REQUIRED: The following permits are required prior to the establishment of a sidewalk cafe, kiosks, or pushcart on private or public property. 1. A use permit shall be approved (eliminate BY THE ZONING ADMINISTRATOR).. AND ADD: THE USE PERMIT SHALL BE APPROVED ON ALL CARTS, KIOSKS, SIDEWALK CAFES OR PUSHCARTS BY THE PLANNING COMMISSION AFTER A PUBLIC HEARING. IT WOULD BE GOOD FOR 1 YEAR, AND RENEWABLE IF APPROPRIATE. DELETE "ZONING ADMINISTRATOR " SUBSTITUING "PLANNING COMMISSION" ON ALL PAGES OF DRAFT ORDINANCE. 2. ok 3. ok 4. ADD: LEASE AGREEMENT N UST ALSO BE ESTABLISHED FOR PAYMENT TO THE CITY OF USE OF PUBLIC SPACE. B. DEFINITIONS: 1. OK ?. OK ATTACHIMENT NO. 1. PAGE 2. OR DR_-\FT ORDINANCE WE RECOMMEND THE FOLLO\VING ADDITIONS OR DELETIONS, WHICH ARE HIGHLIGHTED IN BOLD CAPS: 3. OK 4. OK �. OK 6. Outdoor Displays: The display of any item or advertisement connected with a contiguous business where the item is offered for sale but money is collected inside the establishment. ADD: THE DISPLAY OR ADVERTISEMENT �NIUST NOT BE CLOSER THAN 60" TO THE ENTRANCE OF THE ESTABLISHMENT. THE ISSUANCE OF A PERMIT FOR ONE CALENDAR YEAR INDICATING EXACT DATES OF USE NOT TO EXCEED A TOTAL OF 12 DAYS PER CALENDAR YEAR. 7. Outdoor Sales: The offering for sale and taking money for items on the public right- of-way, city owned open space, or privately owned open space. ADD: THE ISSUANCE OF A PERMIT FOR ONE CALENDAR YEAR INDICATING THE EXACT DATES OF USE NOT TO EXCEED A TOTAL OF 12 DAYS PER CALENDAR YEAR. s. OK 9. OK 10. OK I1. OK 12. OK 13. Sidewalk Cafe: An area %here a (ADD: CONTIGUOUS) cafe/restaurant provides food service on either public right-of-«�ay. city owned open space. or privately owned open space. ADD: 14. SEASONAL: USE OF LESS THAN ONE YEAR. C. LOCATION AND DESIGN CRITERI.-V I . OK .-kTTACHNIENT NO. I. PAGE 3. DRAFT ORDINANCE. WE RECOIN—MEND THE FOLLOWING ADDITIONS OR DELETIONS, ' WHICH ARE HIGHLIGHTED IN BOLD CAPS: a. OK b. Sidewalk cafes located on the public sidewalk shall provide a minimum (CHANGE 8 FT. TO 10 FT.) clear passage area for pedestrian access. C. Three feet shall be provided between tables. ADD: THE NUMBER OF TABLES AND CHAIRS ALLOWED OUTSIDE THE CONTIGUOUS ESTABLISHMENT AND THE PAYMENT OF A FEE OR LEASE AGREEINIENT SHALL BE SET BY CITY COUNCIL. d. A minimum (CHANGE 10 FT. TO 15 FT.) wide pedestrian walkway shall be provided when located in a mini-park, public plaza or beach area. e. OK f. OK ADD THE FOLLOWING POINTS: g. NO SALE OF ALCOHOL WILL BE ALLOWED h. PROVISION PROVIDED FOR HANDICAPPED ACCESS i. THIS PERMIT CANNOT BE TRANSFERRED BY SALE OR LEASE TO ANOTHER OPERATION, BUT MUST REMAIN WITH THE PERMITTED USER. j. ESTABLISH APPROVED HOURS OF OPERATION 2. Kiosk or pushcart uses shall conform to the following: a. OK b. CHANGE: minimum 8 foot to 10 FOOT.... ADD. C. ONLY ONE CART OR KIOSK ALLOWED PER 1500 FEET OF CONTIGUOUS UNRESTRICTED RIGHT-OF-WAY PER FSTABLISH,NIENT. d. ESTABLISH APPROVED HOI'RS OF OPERATION. ATT.-\CH.\1ENT NO. 1, PAGE 4. DRAFT ORDINANCE WE RECOMMEND THE FOLLONN,'ING ADDITIONS OR DELETIONS, WHICH ARE HIGHLIGHTED IN BOLD CAPS: C. OK d. OK e. OK D. FACTORS TO CONSIDER: REMOVE "THE ZONING ADMINISTRATOR: AND REPLACE WITH "THE PLANNING COMMISSION." 1. OK 2. OK 3. OK 4. OK 5. OK 6. OK 7. OK 8. OK E. OPERATING REQUIREMENTS: 1. OK 2. The applicant(or operator) shall pay all fees and deposits required by the Huntington Beach Municipal Code and ordinance Code ADD: IN ADVANCE OF OPERATION AND HAVE PERMITS, LICENSES, ETC. POSTED AND AVAILABLE FOR INSPECTION AT THE PREMISES OF OPERATION. 3. OK ATTACIN11E.NTN"t i. PAGE 5. DRAFT ORDINANCE WE RECOMMEND THE FOLLOWING ADDITIONS OR DELETIONS WHICH ARE HIGHLIGHTED IN BOLD CAPS: 4. The kiosk or pushcart shall be a maximum of 4 feet in width excluding wheels, 8 feet in length including any handle, and no more than 6 feet in height excluding canopies, umbrellas or transparent enclosures. ADD: THERE CAN BE NO ADDED ON OR SEPARATE UNITS OTHER THAN THE UNIT SPECIFIED ABOVE. 5. OK 6. OK 7. OK 8. OK 9. The use permit issued may be transferred upon written request and approval by the Zoning Administrator and the property owner. CHANGE ABOVE TO READ: THE USE PERMIT ISSUED MAY NOT BE TRANSFERRED. NEW OWNERSHIP OR OPERATION MUST BEGIN AGAIN AND GO THROUGH THE PROCESS OF APPROVAL. 10. A public liability insurance policy as specified in all current insurance resolutions shall be required prior to approval of encroachment permits on the public property. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of HB as an additional insured and shall be maintained at all times. ADD: 10.a. OWNER OF A CART/KIOSK/PUSHCART/OUTDOOR CAFE WHO HAS EMPLOYEES WORKING FOR HIM MUST CARRY WORKMEN'S COMPENSATION INSURANCE ON HIS -EMPLOYEES. 10.b. THE CITY MAY WANT TO CONSIDER A "WAIVER OF SUBROGATION" IN ADDITION TO THE ABOVE. THIS WOULD PREVENT ANYONE FROM ACCESS TO THE CITY'S INSURANCE POLICY, 11. There is no item I 1 12. OK 13. No alcohol beverages may be served on public property. REMOVE: "EXCEPT AS APPROVED BY THE CITY." 14. OK 15. OK ATTACHMENT NO. 1, PAGE 6, DRAFT ORDINANCE WE RECOMMEND THE FOLLOWING ADDITIONS OR DELETIONS, WHICH ARE HIGHLIGHTED IN BOLD CAPS: F. PARKING-. All sidewalk cafes shall be required to provide on-site parking at CHANGE "ONE-HALF THE" to "THE FULL RATIO" required by . Article 960 for the restaurant building, except as modified by the Downtown Parking Master Plan. No additional parking shall be required for kiosk or pushcart uses as approved by the CHANGE "ZONING ADMINISTRATOR" to "PLANNING COMMISSION." MY 9 Mr . 1. L. "nsrrv ^ ' 3264 . City of Huntington Boom- Planning Commission Attention : Snsan Pierce City Hall , Huntington Seach , CA 92648 SUBJECT: Open Letter im op00sitnam to Code Amendment Nambar 93-5 , Assessment Number 53-20 regarding Kosk ant caVe parkjrg asseasrents. Dear Commissioners , My wife and I are fairly recent members of the Huntington Beach community, moving here in December of 1991 , from the Washington , D. C. area. One of the reasons we selected Huntington Beach over other neighboring communities was it 's friendliness and casual atmosphere. The restaurants and cafes along Maih Street and PCH have provided us with many hours of enjoyment and relaxation. Huntington Beach has a genuine charm lacking in so many communities today. We have been so impressed that we have invited numerous friends from throughout the country to come and spend their holidays and vacations here with us and sample the hospitality , appeal , and delightfulness that is trul� Huntington Beach. Recently we have become concerned with what appears to be a change in mood amongst many of the area merchants and restaurateurs concerning various parking related assessments or fees. The prevailing moct is that ali kiosk and cafe operators are not being tneazed fair: y. Specifically , what I mean is thst some Operators have been "grandfathered" (not considersy for assassTert ) while others have 7ot. There doesn ' t seeT to be a fair ant 100013 -elationship betwee- nhosy estajlis`'et " larg time' busireREes a.-.b the relative ^newrome-1'' h ' �exp.C7 to denrinvying 040 is rargeted for SH"essyenk son who is opt . � ~-it Log tc jD'' 1 V to Oros to 007 to yny= c-rrsnr operators , or our-Est Qnz any act 'Unive^031 I P SoSIi �d to all P,ea merchants throughoat tre oa-nvo�r are* . �00 for Y'`wr yi '-a and 43 ' c�' s . . . ^/ City of Huntington Beach Planning Commission Attention: Susan Pierce -- City Hall , Huntington Beach , CA 92648 SUBJECT: Open Letter in opposition to Code Amendment Number 93-5, Assessment Number 93-20 regarding kiosk and cafe parking assessments. ` ` Dear Commissioners, As a resident of Huntington Mach , I wish to take this 6pportunity to go on record in opposition the racent parkimg assessments directed toward kiosk and cafe operators, ` I feel that Huntington Beach as a community that has gone on record as supporting business and enterprise should not add "any" additional parking assessments or fees to currently licensed restaurant , cafe , or kiosk operators. ` I know that I can rely on your sense of +airness and dedication in opposing these un+ajr assessmenrs. ' Thank you for your support to this matter . Sincerely ., / jz----------------- Name .......... Address Huntington Feaco . California y ' \ / - ' �� City of Huntington 'Beach '`" / 2� '- Planning Commission - Attention: Susan Pierce City Hall , Huntington Beach , CA 92648 ' SUBJECT: Open Letter in opposition to Code Amendment Number 93-5, Assessment Number 93-20 regarding kiosk and cafe parking assessments. Dear Commissioners , As a resident of Huntington Beach , I wism to take this opportunity to go on record in opposition the recent parking assessments directed toward kiosk and cafe operators. I feel that Huntington Beach as a community that has gone on record as supporting business and enterprise should not add "any" additional parking assessments or fees to currently licensed restaurant , cafe, or kiosk operators. - ! know that I can rely on your sense of fairness and dedication in opposing these unfair assessments' Thank you for your support in this matter . Sincerely, '/~vc��'��----------- ^�' ~ _______________________________ Name -\ --L �_� -�� [7�_'n_ Address Huntington Beach , California r• CODE AMENDMENT NO. 93-5A �! (continued from March 21, 1994) 21 ■ Next is a matrix of straw vote decisions ,STRAW , E ''? " V !¢' TAF.R`j'"!` ' with staff recommendations. voT } o StRA ; ; • � 'vi"t�'.:`. .-.:�s� (tom�i1��s°r,�`��,� :;P���'�.,'� 5�t��3> t� a5'h n- p;�i�•�,�s �' � s'at,I° ?E� a��'�'.'t; .,x,.;i•,.,•^ ,i ,,_,r;,,,,..{y.J'>6t fs.:....... .....cZ,.: '"AVn S- .,:k �}#7 .,.�,,,._;V l'"a'�.= k ''!'ii!:„'s ,uss,,,a.};`..,i} s:: ,9..� - ;,i U; '+; _.,1 Mary:,j. �F- . ->t,; .s 2 � `° USE FERMI i';=- i :ANNUAL iiEVIF`W,i i i a� NONE'LICENSE 'ANNUAL REVIEW ;;tt }ja >, AGREEMENTft �`:j„,ss:' } s , ...t' f, ', - ENEWAL AY:BE'rt } j::a=,;�"�I; "'d ,+,-`,-,-,# s_£� iat`i, '!s��-�7�—i,, �':��"�J",.k: !,s=1 '� �a': 4:gl r,.,:�;g,.s i;" ,x.a i t _' 'r,; _: .,..'_d Ir:DENIED.'F . ,a RECEIVED AND MA PE A ,� ,,.. a r �.,.,.ur„ �=,- ., I I; s z- ..r., .,,, - „-,I .`M., , °., CONDITIOtSl PART OF THE RECORD AT . i ;a 8 ?�_. CCITY WIDE-VS;.; DOWNTOWN ONLY clTY( DE;(( E; ' :r: �:?'�`,.-'_, 'i',-{f.".i'':'.';t'a;' i�", '+r.'?,g i -,,�a r,,_:}•' .L70.WN OV11N'ONLY;:'. :'- i�r •, :a w. .5�2�9'S� MEETING bk �.r t .,'<�- :�.�, ..CYO ,,'>�',_, fi- _ '`tF"iA•a> ,�.�:f>r3":,} '> "� ^�iy >''� (,: ,�•�"#;•,-`<v=,r,;,r;=�i,', ui < ��i`,�e�,a '�!TE�j� sII�,. �/J �` ''� �, � rm,E;�!a ITEM N0. D— r, � ��' :-{OFFICE OF THE CITY CLERK gyiI�°a._ ` iq iiplCONNIE BROCKWAY P�°"- ; !+ i tl r At- k7 1' �4 rrtinue 3 , p - = t. - 4 ggiil i i="ri s b- '�,t `- =r '^Eu ..� ,.- -_IF.Y:' i*!>'vP�. ���r��. �i ;xk:-[� :��. V�`x �'� 9 6 g, - '' _ .,SIDEYIA4K1; ` _ iMIN'$X15 I. ° P<u�b is=Rtopartv:; ��, ................ G _.,. .-.- -- ....._..u.= � �' ,;�;�=,WCLdEt+AKRWAANYC> 'MG.OIN,�I�UT�FR�tCINXEatN7f t- ��B,IFSTGREIfiDERN'' AN O E'a�S�R.Y.i F ,r >b15PLAY , , 'rOU DOOR"�}l�t NG:; CS.DINA�J.0 AL E Lt�i �tNIEN42 ip,.-' �°�' t." (h�1 c �►- t/.Q � 'MEfd.C1 pFtltJ�`��0�� N3�=ifA e `Nk t - ti , 'Will CODE AMENDMENT NO. 93-5A ;;i,h (continued from March 21, 1994) CODE AMENDMENT NO. 93-5A ■ On March 21, 1994, the City Council made a series of straw vote decisions OUTDOOR DINING relating to. the proposed ordinance to regulate outdoor dining on public and private property. Following is a matrix I 'Eli of the decisions with which staff � �`l' concurs. JA 21 jyy �fi i 1, f M 'S �,,&- kii :a;':�.iz_ j ;�j,. ;• ,.�., H� �-;`�ceii#;y�P3-�r�1' ;i;9-�.-,� ��i �!o:':am °u, , pp `s:n)_ ,.'�'=�S,a ,',I,�}., - . 'T'y"..., i i i. .;. m .. ,, ,. 171�j,n I, ':,:3i!�i ,4"� '.Yw:: t @..s, ..'�'� .�;.k,, c y..6.> .�: '�" � ;,Ir- ,, '_�ak' :.ii� -{��13'it'-'a" "s �. �`,4" „'�•?� .,-a,..;F.�l's,'�:'." ;:! ,..r,. ,.:.P�:_' ,�;�,:. ' _.:.Nr�.r-. ;;�"a,u>.i^=?z�. a.°'s9°;�' - -6.,,! _?� s �':, ,x`�x.�:..,.;x,'ri��l�„. _ �,s._ _ pUSE�PERMI °ACTION wUSE,PEFtMIT A TlO - `OONCUR 9 bP�KA I ING �i EQ�1tFi SAt�NDi y-I�O1NSa. t W li 'r" :4, DEFtNtICI p MEASC1�tE',-,t20.. ;; C CURS• iQ . ' .. "SEE ,, 'Y •CUB....., S s '1 . ;k 1 'USE? M�=;�i .EXU TfN�t7' �EXISFINA9 CE?1G �RfgR€� ;:15 P/ RKIN0 MOVE 'PARKING UIEY N P ftK t� II ' hfi 5?ABLES E IMMSE UF,tA ��1 ," .;•;��.2:" � �.RES�'AU" T�'R sqeft:"brtles��' WI�IiSi "�� a„ S ' ,5,};"+p m j� �•� «+gym e"° . I' "S4 rnr/�MAX�lllltlNl'400�£ q'gam � � ��. =€�}A= .,"� Y i� _ ••':�1"�'; IV siix§x''?[, 'y�'p�q-.��,'f�+,�'{i: ( �yy��.` � ����(; �P� � k` 11 � i:i�s�•li�:�. lj I/ REQUEST FOR CITY COUNCIL ACTION Date: May 2, 1994 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator���_ Prepared by: Melanie S. Fallon, Director of Community Development/rJ Subject: CODE AMENDMENT NO. 93-5A-NEGATIVE DECLARATION NO. 93-20 - OUTDOOR DINING . Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis,Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: S` �j/� /'✓D 93-020 G�J 0-9-rs A �ucriz, Transmitted for your consideration is Code Amen mentN0. in co fun�* ee Declaration No. 93-20, a request to amend the Huntington Beach Ordinance Code and Downtown Specific Plan by adding provisions to allow and regulate outdoor dining on private o and public property. This amendment was continued from the February 22, March 21, and April 18, 1994, City Council meetings. Revisions have been made to the proposed ordinance to reflect straw vote decisions of March 21, 1994. tove� RECOMMENDATION: Planning Commission and Staff Recommendation: Motion to: A. "Approve Negative Declaration No. 93-20 and Code Amendment No. 93-5A with findings and adopt Ordinance No. 3232." and B. "Direct staff to modify the fee resolution to establish a fee in conjunction with a license agreement for use of public property." ANALYSIS: Code Amendment No. 93:5A is a result of the Planning Commission's decision to bifurcate Code Amendment No. 93-5 into two ordinances: Outdoor Dining and Carts/Kiosks. During the public hearing on March 21, 1994,the City Council listened to public comments and then took a series of straw votes on various aspects of the proposed ordinance. Sixteen straw vote motions 04/21/94 sp A:Vca\dining2 were passed to recommend revisions to the proposed ordinance. A matrix depicting these recommended changes, proposed ordinance subject, and staffs response to Council's action follows. STRAW PROPOSED CITY COUNCIL STRAW STAFF VOTE ORDINANCE VOTE ACTION RECOMMENDATION 1. Use Permit action by ZA Use Permit action by ZA at Concur night meeting 2. No Use Permit annual Annual Review of Use License Agreement review Permit requires annual renewal and may be denied if conditions change 3. City Wide Ordinance Downtown Only City Wide Ordinance 4. Definition of Public Right- Changed to "That property Concur of-Way dedicated through acquisition or easement for the public right-of-way which includes the area spanning from the property line on one side of a street to the property line on the other side of a street." 5. Minimum 8 foot sidewalk Minimum 8 ft existing; Public property: 8 ft. clearance Minimum 10 ft. new minimum; wider at construction discretion of ZA Private property: 8 ft or 5 ft with permanent cordon 6. Temporary cordon required Added: temporary cordon Concur to be removed when not in use 7. Alcohol beverages No alcohol beverages for Change to prohibit on prohibited on public any outdoor dining public property except as property except as approved by City and approved by city screened from pedestrian activity to satisfaction of Planning Commission 8. "A license agreement shall "A License Agreement Concur be obtained...." including use fees shall ...." 9. Operating Requirements Operating Requirements, Concur Provisions and Conditions; capitalize License Agreement and Maintenance Agreement 04/21/94 sp AArca\dining2 10. "The applicant(or "The applicant(or Concur operator) shall pay all fees operator) shall pay all fees and deposits required by and deposits required by the Huntington Beach the Huntington Beach Municipal Code and Municipal Code and Ordinance Code." Ordinance Code including the fee established for use of public property prior to operation of the outdoor dining use." 11. No requirement to post Post license for outdoor Not necessary in ordinance license for outdoor dining dining 12. Amendment to license Change to "A renewal to License Agreements are agreement required when the License Agreement will valid for one year only and business sold or transferred be required prior to must be renewed annually. transfer of the Use Upon transfer of the Permit." business, an amendment to the license agreement is more appropriate. 13. "Any existing outdoor "An outdoor dining use Concur dining that has been operating on the effective established without prior date of this ordinance that use permit approval shall has been established obtain a use permit; and , if without prior use permit applicable, a license approval shall obtain a use agreement within 90 days permit, and if located on following the effective date public property, a license of this ordinance." agreement with established fee and a maintenance agreement ...." 14. Require Use Permit with No fees for those uses Change effective date to all associated fees existing at time of effective March 21, 1994, date date ordinance submitted to City Council 04/21/94 sp AArca\dining2 15. Parking -private property: no additional parking if 5 No additional parking if 1/2 the required ratio; tables w/20 seats or 20% of outdoor area does not public property -none the seats originally used to exceed one of the ' calculate the required following: Restaurants parking, whichever is w/1200 sq. ft. or less: 5 greater. Full parking tables/20 seats. required if more than Restaurants w/1200 sq.ft. above. of more: 20% of restaurant area, maximum 400 sq.ft. Full parking required if outdoor dining area greater than above. 16. Legislative draft d8 add to legislative draft d8 Concur missing Additional explanation and justification of staff s recommendations are provided below. Straw Vote No. 2: Annual review of the Use Permit is unnecessary because the license agreement requires annual renewal. The license agreement may be denied if circumstances applicable to the public property change, thereby, nullifying the Use Permit. If necessary, the Zoning Administrator may impose a condition of approval requiring a review of the Use Permit within six months or annually. Straw Vote No. 3: Staff continues to recommend that the ordinance be applicable citywide. This will allow all outdoor dining uses on private property to be regulated in the same manner and under the same regulations. A single ordinance will eliminate extra time and expense to process an additional code amendment through the City's public hearing process as well as to the California Coastal Commission. Straw Vote No. 5: The straw vote pertaining to a 10 foot sidewalk clearance is unclear and could result in misinterpretation. Staff recommends that the minimum sidewalk clearance be established at 8 feet and a wider sidewalk may be required at the discretion of the Zoning Administrator depending upon the intensity of pedestrian traffic at the site. Staff also proposes that outdoor dining uses on private sidewalk areas also provide an eight foot wide clear passage area or five foot with a cordon to allow the State required minimum 4 foot access way for handicapped persons. 04/21/94 sp AArca\dining2 Straw Vote No. 8: Sale of alcoholic beverages should be permitted on private and public property if the activity is contained within a controlled, supervised enclosed area and is an extension of enclosed restaurant. This activity would be subject to not only the Planning Commission's action but approval by the Police Department prior to issuance of the alcoholic beverage license by the Alcoholic Beverage Control Board. Alcoholic beverage sales are currently subject to locational criteria, a public hearing, and by the Planning Commission when the activity is within 300 feet of sensitive uses (residential, public or institutional uses). This review allows the activity to be evaluated and conditions imposed to ensure that adequate measures are provided that will prevent adverse effects on these sensitive uses while allowing the commercial activity. A provision to prohibit alcoholic beverages within outdoor dining areas will create economic hardship for those businesses existing within the City, (e.g., Maxwell's, future Ruby's restaurant on the pier, Pacific Coast Cafe, Longboard). Straw Vote No. 11: The requirement to post the license for outdoor dining is not necessary for inclusion in the proposed ordinance. The City Treasurer has indicated that the business license for the restaurant business will include reference to the outdoor dining area that includes a license agreement. Straw Vote No. 12: License Agreements are valid only for one year and must be renewed annually. Upon transfer to a new business owner, the license agreement must be amended to reflect the new business owner who must furnish new insurance in his name. A language change to include license renewal prior to Use Permit transfer is not appropriate. Straw Vote No. 14: The City Council straw vote indicated that those uses existing on the effective date of the ordinance (projected June'17, 1994) should be exempt from the filing fees associated with the Use Permit filed to grant legal status. Community Development recommends the date be changed to March 21, 1994, the date of ordinance introduction. This may prevent establishment of outdoor dining uses prior to ordinance adoption in an effort to avoid expenditure of the filing fees. Recent City Council action adopted a policy of full cost recovery for City services. The waiver of Use Permit fees will create a need for subsidy by the General Fund. Straw Vote No. 15: Parking requirements for a restaurant use is based on the entire floor area, not the number of seats. Staff recommends that outdoor dining areas for smaller restaurant uses (1,200 square or less) be limited to the five table, 20 seat requirement and larger facilities be limited to an outdoor area based on 20% of the restaurant area but not to exceed 400 square feet. Any outdoor dining 04/21/94 sp AArca\dining2 (b) Factors to consider. The Zoning Administrator shall consider the following factors regarding the location and the design of the outdoor dining: 1. The width of the sidewalk ; 2. The proximity and location of building entrances; 3. Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches,phone booths, newsstands and utilities; 4. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones, taxi stands, hotel zones, or passenger loading; 5. Pedestrian traffic volumes; and 6. Handicapped accessibility. (c) Operating Requirements, Provisions, and Conditions. 1. 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 have been violated or that one or more factors listed in Subsection 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 Use Permit. 2. 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. 3. 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. 4. An outdoor dining operator shall not sell to motorists or persons in vehicles. 6 4\s\Ord:Otdrdng2\04/21/94 5. The applicant(or operator) shall pay all fees and deposits required by the Huntington Beach Municipal Code and Ordinance Code, including the fee established for use of public property, prior to operation of the outdoor dining use. 6. All provisions of the Huntington Beach Municipal Code shall apply. 7. No alcohol beverages may be served on public property except as approved by the City and screened from pedestrian activity to the satisfaction of the Planning Commission. 8. The Use Permit may be transferred upon sale or transfer of the restaurant subject 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 Use Permit for outdoor dining on public property. A Use Permit transfer or license renewal or amendment may be denied if one or more of the factors listed in Subsection B above have changed and the permitted use is no longer compatible with the intended use of the public right-of-way. (d) Parking. No additional parking shall be required for outdoor dining if the outdoor dining area does not exceed one of the following: Restaurants 1,200 sq. ft. Maximum 5 tables of gross floor area or less: and 20 seats Restaurants greater than Maximum of 20% of 1200 sq. ft. of gross floor area: 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. (e) Enforcement. Enforcement of this Section shall be by the Community Development Director or his/her designated agent. SECTION 13. Any outdoor dining that has been established without prior Use Permit approval shall obtain a Use Permit and if located on public property, a License Agreement within 90 days following the effective date of this ordinance. 7 4\s\Ord:Otdrdng2\04/22/94 SECTION 14. This ordinance shall take effect thirty days from the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on this day of 51994. Mayor ATTEST: APPROVED AS TO FORM: (� � T-06Z Q City Clerk City Attorney PL� y -zi-9q REVIEWED AND APPROVED: INITIATED AND APPROVED: it Administrator Community Developm nt Director 8 4\s\Ord:Otdrdng2\04/21/94 LEGISLATIVE DRAFT ORDINANCE NO. 3232 An Ordinance of the City of Huntington Beach Amending Articles 908, 922, 924 and 973 of the Huntington Beach Ordinance Code and Amending Sections 4.3.01(a)(0), 4.5.01(a)(0), 4.6.01(d),4.7.01(a)(0), 4.8.01(a)(0), 4.9.01(a)(0),4.11.01, and 4.12.01(R) of the Downtown Specific Plan to Permit Outdoor Dining WHEREAS, the City Council of the City of Huntington Beach wishes to allow outdoor dining, and establish guidelines for said use, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Article 922 of the Huntington Beach Ordinance Code is hereby amended by amending Section 9220.1(c)(0)thereof to read as follows: O. Outdoor dining pursuant to section 9730.88 Outside uses pursuant to Section 9220.10 SECTION 2. Article 924 of the Huntington Beach Ordinance Code is hereby amended by adding new Section 9241(a)(0)thereof to read as follows: O. Outdoor dining pursuant to section 9730.88 SECTION 3. The Downtown Specific Plan is hereby amended by amending Section 4.3.01(a)(0) thereof to read as follows: O. Office Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 4. The Downtown Specific Plan is hereby amended by adding new Section 4.5.01(a)(0) thereof to read as follows: 1 4\s\Ord:Otdrdng Leg.Draft\04/21/94 O. Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 5. The Downtown Specific Plan is hereby amended by amending Section 4.6.01(d) thereof to read as follows: (d) Commercial Use - Commercial uses which are integrated within and clearly incidental to an office use, shall be permitted provided that it cumulatively does not exceed ten (10)percent of total gross floor area of the development. The following uses shall be permitted: Barber Shops (a maximum of two (2) chairs); Beauty Shops (a maximum of two (2) stations); Prescription Pharmacies; Restaurants/coffee shops (on-site sale or consumption of alcoholic beverages is limited to beer and wine only; outdoor dining may be permitted pursuant to Section 9730.88 of the Huntington Beach Ordinance Code); Parking lots and structures. SECTION 6. The Downtown Specific Plan is hereby amended by amending Section 4.7.01(a)(0) thereof to read as follows: O. Office Supplies Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 7. The Downtown Specific Plan is hereby amended by amending Section 4.8.01(a)(0)thereof to read as follows: O. Offices Office supplies Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. 2 4\s\Ord:Otdrdng Leg.Draft\04/21/94 SECTION 8. The Downtown Specific Plan is hereby amended by adding new Section 4.9.01(a)(0) thereof to read as follows: O. Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 9. The Downtown Specific Plan is hereby amended by amending Section 4.11.01 thereof to read as follows: 4.11.01. Permitted uses. The following uses and structures shall be permitted in District#9 subject to approval of a Conditional Use Permit: hotels, motels,restaurants and recreational facilities. Outdoor dining may be permitted pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 10. The Downtown Specific Plan is hereby amended by amending Section 4.12.01(R) thereof to read as follows: R. Restaurants (including fast food with take out windows; outdoor dining may be permitted pursuant to Section 9730.88 of the Huntington Beach Ordinance Code) Retail Sales (beach-related) SECTION 11. Article 908 94 of the Huntington Beach Ordinance Code is hereby amended by adding new definitions Seel o 973. QQ thereof to read as follows: (a) Definitions. For-purposes of this Seetion,the following words sh-A-1 h_avea,ah 1. Beach Area: The ocean side of Pacific Coast Highway including the Bluff Top Park area and the Pier. 2. Bluff Top Park Area: That area of improved beach access bounded on the south by 9th Street continuing north to the dividing line of Bolsa Chica State Beach 3.Nfini Par- s! Areas under-eity er-ship for-purposes of open o, plazas, landseape buffers or-publie gathering. 4\s\Ord:Otdrdng Leg.Draft\04/21/94 3. Mini-Parks: Areas under city ownership for purposes of open space,plazas, landscape buffers or public gathering. 4. Outdoor Dining: An area where a cafe/restaurant provides food service on either public right-of-way, city owned open space, or privately owned open space. 5. Physical Obstruction: Things that affect the use of property including but not limited to light standards, trees,parking meters, trash receptacles, traffic signals, signs, benches, phone booths, newspaper stands, bus stops, driveways, pedestrian ramps, etc. 6. Pier: The structure owned by the city that extends from the termination of Main Street at Pacific Coast Highway into the Pacific Ocean 1966 feet. 7. Pier Plaza: The area adjacent and contiguous to the pier. 8. Privately Owned Open Space: That area under private ownership that is designated by a specific plan as required open space, required by condition of approval, or required setback. 9. Public Right-of-Way: That property dedicated through acquisition or easement for the public right-of-way which includes the area spanning from the external aide of the sidewalk property line on one side of a street to the w*effia' side ^f the sidek property line on the other side of a street. SECTION 12. Article 973 of the Huntington Beach Ordinance Code is hereby amended by adding new Section 9730.88 thereof to read as follows: 9730.88 Outdoor Dining. Outdoor dining on public or private property may be permitted subject to Use Permit approval by the Zoning Administrator and compliance with this section. (a)(b) Location and design criteria. Outdoor dining shall conform to the following location and design criteria: 1. The outdoor dining shall be an extension of an existing or proposed eating or drinking establishment on contiguous property. 2. Outdoor dining located on the sidewalk area of the public right-of-way shall be limited to commercial areas within the Downtown Specific Plan. 4 4\s\Ord:Otdrdng Leg.Draft\04/21/94 3. Outdoor dining located on the sidewalk area of the public right-of-way shall provide a minimum 8 foot clear passage area for pedestrian access. A wider clear passage area may be required at the discretion of the Zoning Administrator. 4. A minimum 10 foot wide pedestrian walkway shall be provided when located in a mini-park, public plaza or beach area. 5. Outdoor dining 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. 6. Outdoor dining on private sidewalk areas shall provide a minimum 8 foot clear passage area for pedestrian access or a permanent cordon shall surround the outdoor dining area and a minimum 5 foot clear passage area shall be provided. 7.6-. At street intersections,the triangular area formed by measuring 25 feet along the curb lines or the area formed by the extension of the property lines to the curb lines, whichever is more restrictive, shall be clear passage area. 5 4\s\Ord:Otdrdng Leg.Draft\04/21/94 (b)(0 Factors to consider. The Zoning Administrator shall consider the following factors regarding the location and the design of the outdoor dining: 1. The width of the sidewalk ; 2. The proximity and location of building entrances; 3. Existing physical obstructions including, but not limited to signposts, light standards,parking meters, benches,phone booths, newsstands and utilities; 4. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones,taxi stands, hotel zones, or passenger loading; 5. Pedestrian traffic volumes; and 6. Handicapped accessibility. (c)(4) Operating Requirements, Provisions, and Conditions.. 1. 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 have been violated or that one or more factors listed in Subsection 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 Use Permit. 2. 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. 3. 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. 4. An outdoor dining operator shall not sell to motorists or persons in vehicles. 6 4\s\Ord:Otdrdng Leg.Draft\04/21/94 5. The applicant (or operator) shall pay all fees and deposits required by the Huntington Beach Municipal Code and Ordinance Code, including the fee established for use of public property, prior to operation of the outdoor dining use. 6. All provisions of the Huntington Beach Municipal Code shall apply. 7. No alcohol beverages may be served on public property except as approved by the City and screened from pedestrian activity to the satisfaction of the Planning Commission. 8. The Use Permit may be transferred upon sale or transfer of the restaurant subject a written request approved by the Zoning Administrator and the property owner. An amendment to the License Agreement, if applieable, will be required prior to transfer of the Use Permit for outdoor dining on public property. A Use Permit transfer or license renewal or amendment may be denied if one or more of the factors listed in Subsection B above have changed and the permitted use is no longer compatible with the intended use of the public right-of-way. (d)(f) Parking. Par4 ng for-a t. ear-dining a pfivate„ petty shall be pr-evided.. site .,t e e half t rye required tiele °�r the r-est t building. No additional parking shall be required for outdoor dining on„ublie„ epefty if the outdoor dining area does not exceed one of the following: Restaurants 1,200 sq. ft. Maximum 5 tables of gross floor area or less: and 20 seats Restaurants greater than Maximum of 20% of 1200 sq. ft. of gross floor area : 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. (e)(g) Enforcement. Enforcement of this Section shall be by the Community Development Director or his/her designated agent. 7 4\s\Ord:Otdrdng Leg.Draft\04/21/94 i 7 (a) SECTION 14.13. Any existing outdoor dining that has been established without prior Use Permit approval shall obtain a Use Permit and, if applicable;located on public property, a License Agreement within 90 days following the effective date of this ordinance. SECTION 4314. This ordinance shall take effect thirty days from the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on this day of 11994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney P—e- REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Community Development Director 8 4\s\Ord:Otdrdng Leg.Draft\04/22/94 ENVIRONMENTAL CHECKLIST FORM CITY OF HUNTINGTON BEACH PLANNING DIVISION ENVIRONMENTAL ASSESSMENT NO. 93-20 1 . Name of Proponent: Ron Hagan, Community Services Director City of Huntington Beach Address: 2000 Main Street Huntington Beach, CA 92648 Phone Number: (714) 536-5291 2. Date Checklist Submitted for Review: October 7, 1993 3. Concurrent Entitlement(s): Code Amendment No. 93-5 4. Proiect Location: Citywide 5. Proiect Description: Adoption of of provisions to allow and regulate outdoor uses, i.e., carts, kiosks, and sidewalk cafes, on private and public property. ENVIRONMENTAL IMPACTS (Explanations of answers are included after each subsection.) Yes Maybe No 1 . Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? X Discussion: Because no site development is involve:, adoption of the proposed code amendment will not result in or create unstable earth conditions or result in changes _to geologic substructures. b. Disruptions, displacements, compaction or overcovering of the soil? _ _ X Discussion: Because no site development is involved, adoption of the proposed code amendment will not result in any disruptions, displacements, compaction of overcovering of soil . JA- "t Yes N,a•,.`_e c. Change in topography or ground surface relief features? Discussion: The proposed code amendment revisions do not consist of any development. Therefore, adoption of the document will not result in changes to topography or ground surface relief features. d. ..The destruction, covering or modification of any unique geologic or physical features? _ _ X Discussion.: Because no site development is involved in the proposed project, no destruction, covering, or modification of any unique geologic or physical features will occur. e. Any increase in wind or water erosion of soils, either on or off the site? _ _ X Discussion: No site development is involved in the proposed project which would alter soils through wind or water erosion. f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? _ _ X Discussion: No changes will occur which would result in the deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any inlet or lake. g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? _ _ X Discussion: Adoption of the proposed code amendment will not result in the exposure of people or propert. to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards. *Note (a—g): Subsequent development under the provisions of the proposed code amendment may result in some earth impacts. However, impacts will be.project/site specific. Subsequent development projects will be subject to the provisions of the•California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? _ _ X Discussion: Adoption of the proposed code amendment will not produce substantial air emissions or deteriorate the ambiant air quality. b. T! e creation of objectionable odors? X Discussion: Because no site development is involved, adoption of the proposed ordinance will not create any objectionable odors. Yes Xayte No C. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? _ _ X Discussion: Because no site development is involved adoption of the proposed ordinance will not alter local or regional air movement, moisture, temperature, or any change in climate. Note .(a—c): Subsequent development under the provisions of the code amendment may result in some air impacts. Any impacts generated will be project/site specific. Subsequent outdoor uses will be subject to the p"rovi-si,ons of CEQA. Any projects that have a potential to result in significant adverse invironmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? X Discussion: Changes in currents or the course or direction of water movements will not occur if the proposed code amendment is adopted as no physical development is proposed which will alter such features. b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? _ X Discussion: No change in absorption rates, drainage patterns or runoff will occur if the proposed code amendment is adopted since no physical development has been included. C. Alterations to the course or flow of flood waters? X Discussion: No changes to the course or flow of flood waters will occur as the result of the adoption of the proposed code amendment. d. Change in the amount of surface water in any water body? _ _ X Discussion: As no site development is involved, no changes will occur in the amount of surface water in any water body. e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X Discussion: No. direct impacts to surface waters or surface water quality are anticipated to result if proposed code amendment is adopted. f. Alteration of the direction or rate of flow of ground waters? X Discussion: The direction or rate of flow of ground waters will not be affected if the proposed code amendment is adopted as no physical development is included. g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X Discussion: As no site development is involved, no changes will occur in the quantity of ground water. :J� h. Substantial reduction in the amount of water otherwise available for public water supplies? — — Discussion: No reduction in the amount of water available for public water supplies will occur because a specific development project is not involved in the code amendment. i . ;Exposure of people or property to water related hazards such as flooding or tidal waves? - - X Discussion: Adoption of the proposed code amendment will not result in the exposure of people or property to water—related hazards (e.g. , flooding or tidal waves). *Note (a—i): Subsequent development under the provisions of the proposed code amendment may result in sorn,e water impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? _ _ X Discussion: Because no site development is involved, neither changes in the diversity of species nor deterioration of vegetation will occur with the adoption of the proposed code amendment. b. Reduction of the numbers of any mature, unique, rare or endangered species of plants? Y Discussion: Because no site development is involved, reduction of the numbers of any unique, or rare or endangered species of plants will not occur if the project is approved. C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _ — X Discussion: Because no site development is involved, no new species of plant, or barriers to replenishment of existing plant species will result with the adoption of the proposed code amendment. d. Reduction in acreage of an agricultural crop? — _ X Discussion: Because no site development is involved, a reduction in acreage of any agricultural crop will not result from the adoption of the proposed code amendment. *Note (a—d): Subsequent development under the provisions of the proposed code amendment may result in some plant impacts.. However; impacts will be project/site specific. Subsequent development projects will be, subje:t to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result insignificant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. Yes rlavbe N0 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X Discussion: Since no site development is -proposed, neither changes in the diversity of species nor number .of ,'any species of animals will occur with the adoption of the proposed code amendment. b. Reduction of the numbers of any unique, rare or endangered species of animals? _ — X Discussion: Since no site development is proposed, reduction of the numbers of any unique or rare or endangered species of animals will not occur with the adoption of the proposed code amendment. C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? _ _ X Discussion: Since no site development is proposed, no new species of animals, or barriers to migration of existing animal species will result with the adoption of the proposed code amendment. d. Deterioration to existing fish or wildlife habitat? _ — X Discussion: Since no site development is proposed, no deterioration to existing fish or wildlife habitat will result from the adoption of the proposed code amendment. *Note (a—d): Subsequent development under the provisions of the proposed code amendment may result in some animal impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 6. Noise. Will the proposal result in: a. Increases in existing noise levels? — _ X Subsequent development under the provisions of the proposed code amendment may result in some noise impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA) . As such, projects which have a potential to result in adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary to adequate environmental protection. b. Exposure of people to severe noise. levels? X Discussion: See 6a 7. Light and Glare, will the proposal produce new light or glare? . X Discussion: Because no site development is involved, adoption of the proposed code amendment will not result in the exposure of people to new light or glare. Subsequent development under the provisions of the crc,used code amendment may result in some light and glare impacts. However, impacts will be project/site Ye s Aj. _ specific. Subsequent development projects will be s.:bject to the provisions of the California Environmental Quality Act (CEQA) . As such, projects which have a potential to result in significant adverse environment impacts will be subject to environmental review to determine the nature and extent of potential impacts any any mitigation, if necessary to adequate environmental protection. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? - X Discussion: Adoption of the code amendment does not propose any substantial changes to land uses in the City. However, subsequent development under the provisions of the code amendment may result in alteration of the present or planned land uses of an area. Any impacts generated will be project/site specific, and those projects that may have a potential to result in adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? _ _ X b. Substantial depletion of any non—renewable natural resource? _ X Discussion: The proposed code amendment does not propose any alteration to development standards which will result in any noticeable change in the use of non—renewable or natural resources. Furthermore, since no site development is included, adoption of. the proposed code amendment will not result in an increase in the use of natural resources such as energy, water, and raw materials. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? _ _ X Discussion.: Since no site development is included, adoption of the proposed code amendment will not result in any risk of explosion or release of hazardous substances in the event of an accident or upset condition. b. Possible interference with an emergency response plan or an emergency evacuation plan? — _ X Discussion: Because no development is included, adoption of the proposed code amendment will not interfere with an emergency response plan or evacuation plan. Note (a—b) : Subsequent development under the provisions of the proposed code amendment may result in some risk of upset impacts. However, impacts will be protect/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). . As such, projects which have a potential to result in significant adverse environmental impacts will-be subject to environmental review to determine the nature and extent of potential impacts and any mitigation; if necessary, to ensure adequate environmental protecti:n. 11 . Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X Discussion: The proposed ::•de amendment does not ',. _lude previsions to increase, decrease cr regulate density. Subseeuer_ deve?., nrr.t will allcw cut::or __es but these uses are not anticipated to alter t`,e location, distribution, tensity or growth rate of t7e human population of the area. :nv i rn"men tal Chetkl Yes N•a._ Housing. Will the proposal affect existing housing, or create a demand for additional housing? _ _ X Discussion: The adoption of the proposed code amendment will not have an impact upon the existing housing and will not result in creating a demand for additional housing. 13. Transportation/Circulation. Will the proposal result in: a. Generat'ion of substantial additional vehicular movement? _ X Discussion: Because no site development is included, adoption of the proposed code amendment will not generate additional vehicular movement. b. Effects on existing parking facilities, or demand for new off—site parking? _ _ X Discussion: The proposed code amendment does not include any amendments to the existing parking ratios or parking design requirements. Therefore, no impacts to parking are anticipated. C. Substantial impact upon existing transportation systems? _ _ X Discussion: Because no site development is proposed, no impacts to the existing transportation facilities are anticipated to result from adoption of the proposed code amendment. d. Alterations to present patterns of circulation or movement of people and/or goods? _ _ X Discussion: Since no site development is included, neither present patterns of circulation nor the movement of people and/or goods will be affected if the proposed code vrandment is adopted. e. Alterations to waterborne, rail or air traffic? _ _ X Discussion: Since no site development is included, no waterborne, rail, or air traffic will be affected by adoption of the proposed code amendment. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _ _ X Discussion: Since no site development is included, no hazards to motor vehicles, bicyclists, or pedestrian will not occur if the proposed code amendment is adopted. Note (a-f): Subsequent outdoor vending/cafe uses permitted under the code amendment are anticipated to be established in existing commercial areas. While they may intensify or expand commercial uses at the sites, they are expected to serve existing customers at these facilities, therefore, parking and traffic generatic.i is not anticipated to be significant. The proposed code amendment includes provisions which will require a minimum sidewalk clearance of 5 feet for pedestrian passage. However should a request include characteristics which may substantially impact traffic or parking conditions, it will be subject to the provisions of CEQA. 14. Public Services.. Will .the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X :iscussion: wjcptic, cf the proposed code amendment will have no effect upon or result in the reed f_r r_r or altered fire protection services. _ r n-ental b. Police protection? — — X Discussion: Adoption of the proposed code amendment will have no effect upon or result in the need for nt or altered police protection services. C. Schools? — — X Discussion: No new school facilities will be required if the proposed code amendment is adopted. d. Parks or other recreational facilities? _ _ X Discussion: No new parks and recreation facilities will be required if the proposed code amendment is adopted. e. Maintenance of public facilities, including roads? _ _ X Discussion: No impacts are anticipated upon the maintenance of public facilities or roads as a result of the adoption of the proposed code amendment. f. Other governmental services? — _ X Discussion: No impacts to other governmental facilities are anticipated as the result of the adoption of the proposed code amendment. *Note (a—f): Subsequent development under the provisions of the proposed code amendment may result in some public service impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 15. Energy.: :Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ — X Discussion: No substantial increases in demand upon existing sources of energy or requirements for the development of new sources of energy are anticipated as a result of the adoption of the proposed code amendment. b. Substantial increase in demand upon existing source of energy, or require the development of sources of energy? X Discussion: Adoption of the proposed code amendment will not result in the use of abnormally high amounts of fue-Y or energy. *Note (a—b) : Subsequent development under the provisions of the proposed code amendment may result in some energy impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA) .. As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, If necessary, to ensure adequate c;;vironme tal frOteCtiC Yes Xav�e NO 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? — — X Discussion: The adoption of the proposed code amendment will not create the demand for additional power (i .e. ,.,.electricity) or natural gas. b. Communication systems? — — X Discussion: No new demand for communication systems will be created if the proposed code amendment is adopted. c. Water? _ — X Discussion: No new demands for domestic water will be created if the proposed code amendment is adopted. d. Sewer or septic tanks? — — X Discussion: No new demands for sewer facilities or septic tanks will be created if the proposed code amendment is adopted. e. Storm water drainage? _ _ X Discussion: Adoption of the proposed code amendment will not necessitate new storm water drainage improvements. f. Solid waste and disposal? _ _ X Discussion: No new demands for solid waste disposal facilities will be created if the proposed code amendment is adopted. *Note :(a—f): Subsequent development under the provisions of the proposed code amendment may result in some utility impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ — X . Discussion: The creation of potential health hazards, physical or mental will not result from the adoption of .the proposed code amendment. b. Exposure of people to potential health hazards? X Discussion: Adoption of the proposed code amendment will not result in the exposure of people to potential r:ealth hazards. i r.,,n.mental Checklist ^ i Yes xa `Note (a—b): Subsequent development under the provisions of the proposed code amendment may result in some human health impacts. However, impacts will be project/site specific. Subsequent development projects wi' be subject to the provisions of the California Environmental Quality Act (CEQA) . As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 18. Aesthetics. -Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ _ X Discussion: Future development under the provisions of the proposed code amendment may be located on sites which result in potential impacts to the aesthetic environment. However, development of such facilities will be subject to the entitlement process and additional environmental review. Subsequent environmental documentation will fully analyze the potential impacts and identify appropriate mitigation measures prior to adoption of the projects. The proposed code amendment includes design criteria which addresses aesthetics of the outdoor uses. No significant averse aesthetic impacts are anticipated. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? — _ X Discussion: The proposed code amendment will not create any impact upon the quality or quantity of existing recreational opportunities. 20. Cultural Resources. a. . Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Discussion: Because no site development is included, no alteration or destruction of archaeological, prehistoric, or historic sites will occur as a result of the proposed code amendment adoption. b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? _ _ X Discussion: Because no site development is included, no effects, physical or aesthetic, are anticipated to occur as a result_of adoption of the proposed code amendment. C. Does the proposal have the potential to cause. a physical change which would affect unique ethnic cultural values? _ — X Discussion: Because no physical development is included, no unique ethnic cultural values are anticipated to be affected as the result of adoption of the proposed code amendment. d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X Discussion: No known existing religious or sacred uses will be impacted as a result of adoption of the proposed code amendment. _ (a Subsequent development under the provisions of the proposed code amardr)ent may result in scc,e is arc� el'_yical cultural resources. However, impacts will be p ro=ec:/s to fiC. Sutsa; _ � -r= ce elo.mer projects will to subject to the provisions of the California Environmental Quality r.ct (CECA) . Yes N.a;te N As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 21 . Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, sub- stantia-lly reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? _ _ X Discussion: As presented in the environmental analysis, the proposed code amendment does not consist of any development and will not have any impact on plant or animal species. b. Does the project have the potential to achieve short-term, to. the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) _ _ X Discussion: As presented in the environmental analysis adoption of the proposed code amendment will allow for outdoor uses in commercial districts. However, over the long-term, the new outdoor uses may increase, however, each use will be subject to CEQA and any mitigation necessary to protect environmental goals. No significant adverse impacts are anticipated. C. Does the project have impacts which are individually limited, but cumulatively consid- erable? (A project may impact two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant.) _ _ X Discussion: Cumulative impacts associated with the proposed code amendment are not significant. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ _ X Discussion: Provisions of code amendment do not alter development standards in any way which will impact animal/plant species. No significant adverse effects are anticipated to occur to human beings, either directly or indirectly if the proposed code amendment is adopted. on en:al Chec;list -11- DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL _ IMPACT REPORT is required. Date Signature For: City of Huntington Beach Community Development Department en:31 Checkl i st _12_ y- Responses to Comments Negative Declaration No. 93-20 I. INTRODUCTION This document serves as the Response to Continents on the Negative Declaration No. 93-20; The public comment period expires November 13, 1993, however, this document contains all information available in the public record related to the Negative Declaration as of Friday, November 3, 1993 and responds to comments in accordance with Section 15088 of the California Environmental Quality Act (CEQA) Guidelines. Any additional comments received by the closing date and responses will be distributed to the Planning Commission prior to any action on the project. This document contains five sections. In addition to this Introduction, these sections are Public Participation and Review, Comments, Responses to Comments, and Appendix. The Public Participation section outlines the methods the City of Huntington Beach has used to provide public review and solicit input on the Negative Declaration. The Comments section contains those written comments received from agencies, groups, organizations, and individuals as of Friday,November S, 1993. The Response to Comments section contains individual responses to each comment. It is the intent of the City of Huntington Beach to include this document in the ollicial public record related to the Negative Declaration. Based on the information contained in the public record the decision makers will be provided with an accurate and complete record of all information related to the environmental consequences of the project. II. PUBLIC PARTICIPATION AND REVIEW The City of Huntington Beach notified all responsible and interested agencies and interested groups, organizations, and individuals that a Negative Declaration had been prepared for the proposed project. The City also used several methods to_ solicit input during'the review period for the preparation of the Negative Declaration. The following is a list of actions taken during the preparation, distribution, and review of the Negative Declaration. 1. An official thirty (30) day public review period for the Negative Declaration was established by the City. It began on Thursday, October 14, 1993 and ends on S,atur& . November 1-,. 1993. Public comment letters \\ili be accepted by the City of Huntington Beach through Noycmbcr 16, 1993. 2. Notice of the Negative Declaration was published in the Huntington Beach Independent on Thursday, October 14, 1993. Upon request, copies of the document were distributed to agencies, groups, organizations, and individuals. 3. A copy of the cover letter and the distribution list is available for review and inspection at the City of Huntington Beach, Planning Department, 2000 Main Street, Huntington Beach, California 92648. III. COMMENTS Copies of all written comments received as of Friday, November 5, 1993 are contained in appendix A of this document. All comments have been numbered and are listed on the following pages: All comments from letters received have been retyped verbatim in a comment-response format for clarity. Responses to Comments for each comment which raised an environmental issue are contained in this document. IV. RESPONSE TO COMMENTS The Negative Declaration No. 93-20 was distributed to responsible agencies, interested groups, organizations, and individuals. The report was made available for public review and comment for a period of thirty (30) days. The public review period for the Negative Declaration established by the City commenced on October 14, 1993. Copies of all documents received as of November 5, 1993 are contained in appendix A of this report. Comments have been numbered with responses correspondingly numbered. Responses are presented for each comment which raised a significant environmental issue. Any comments received between November 5 and the closing date will receive responses and they will be distributed to the Planning Commission prior to any action on the project. Several comments to not address the completeness or adequacy of the:Negative Declaration, do not raise significant environmental issues, or request additional information. A substantive response to such comments is not appropriate within the context of the California Environmental Quality Act (CEQA). Such comments are responded to with a "comment acknowledged" reference. This indicates that the comment will be forwarded to all appropriate decision makers for their review and consideration. RCSi once t0 (�111n1cilts NOD 93-20 ,- Responses to Comments Negative Declaration-No. 93-20 Carts. Kiosks, and Sidewalk Cafes Code Amendment POT-1: Comment: Thank you for the opportunity to review and comment on the Negative Declaration No. 93-20. The proposed project is for the adoption of provisions to allow and regulate outdoor use, i.e. carts, kiosks, and sidewalk cafes, on private and public property. Caltrans, District 12 has the following comment for your consideration. _ Response: The comments consists of a description of the proposed code amendment for project identification purposes and gratitude for an opportunity to review. No further written response is necessary. DOT-2: Comment: Caltrans issues permits to encroach on land within the jurisdiction of our department to ensure that the proposed encroachments are compatible with the primary uses of the State Highway System. Response: The proposed code amendment includes a requirement for issuance of an encroachment permit by Public Works for any use on public property. When public property falls within the jurisdiction of Caltrans, e.g. Beach Boulevard or'Pacific Coast Highway, Public Works withholds issuance of the encroachment permit until such time as.the applicant has submitted proof of Caltrans approval of the use. DOT-3: Comment: Please continue to keep us informed of any further developments that could impact our State Transportation Facilities. If you have an}, questions or need to contact us, please feel free to call Aileen Kennedy on (714) 724-2239. Response: The comment is acknowled��ed and will be forwarded to the appropriate decision makers 'or consideration prlt,r to action on the proposed code amendment. Response to Comments N D 1)3-20 I>r EB-1: Comment: The Environmental Board concurs that a Negative Declaration (ND) is the appropriate level of environmental review for this project. In addition to the areas of concern addressed in the ND, the Board feel that the following issues need to be clarified: Response: The comment is acknowledged and will be forwarded to the appropriate decision makers for consideration prior to action on the proposed code amendment. Please refer to HBEB-2 through HBEB-6 Responses below. HBEB-2: Comment: Most responses to items 1 through 20 of the Initial Study are marked at "no" because no site development is required at this time. These responses should be changed from "No" to "Maybe", because the potential for future changes does exist. It should be stated that mitigation shall be provided at the site specific environmental review stage for any adverse impacts. Response: As previously mentioned, the proposed code amendment does not constitute any development. Should any subsequent development be proposed, the environmental impacts, including air, earth, water, etc., associated with the project will be analyzed at that time. HBEB_3: Comment: F. Operating Requirements in the Ordinance under Item 8: Non-operating hours should be increased and carts, etc. should not be left unattended between 10:00 p.m. to 6:00 p.m. c ce• The hours of operation may be reduced by the Zoning Administrator's action on any subsequent use permit application. This comment, does not pertain to the Negative Declaration but to the draft ordinance. It will. however, be forwarded to the decision makers for consideration prior to action on the code amendment. i�c���l�il.`L lip � t�il'In1CnIs ND 9 -20 HBEB-4: Comment: Measures to control noise from music and crowd control need to be stated in the ordinance. Response: This comment does not pertain to the Negative Declaration. It is acknowledged and will be forwarded to the decision makers for consideration prior to action on the proposal code amendments. HBEB-5: Comment: Operators of carts, etc. must be prohibited from "washing down" their equipment on site. Response This comment does not pertain to the Negative Declaration. It is acknowledged and will be forwarded to the decision makers for consideration prior to action on the proposal code amendments. HBEB-6: Comment: It has come to the Board's attention that the City of Anaheim may have a comprehensive ordinance on this subject. The Board encourages staff to review the Anaheim ordinance. Response: Staff contacted the City of Anaheim regarding this comment and has been advised that carts, kiosks and sidewalk cafes are unlisted uses that are subject to the conditional use permit process. No specific criteria has been established although an application for a hot dog cart may be supported if located in a large single complex where there is no food service in the general area.- This comment does not pertain to the Negative Declaration. It-isacknowledged and will be forwarded to the decision makers for consideration prior to action on the proposal code amendments. HBEB-7: Comment: The En%,ironmental Board recommends approval of Negative Declaration No. 9;-20. subject to adequate analysis and resolution of the above issues. Rc:ponse to C oM111cnts ND `))-20 _;_ C C ' The comment is acknowledged and will be forwarded to the appropriate decision makers for consideration prior to action on the code amendment. Staff maintains the Use Permit process and associated environmental analysis at time of subsequent development will address the concerns raised in the Environmental Board's commends HBEB-2 through 7. HBEB-S: Comment' If you have any questions or concerns regarding our comments, please contact Bill Linehan, Chairperson of Review Subcommittee. Response: This comment does not pertain to the Negative Declaration. It is acknowledged and will be forwarded to the decision makers for consideration prior to action on the proposal code amendments. 1Zcsponsc to Comments ND 9;-210 -6- APPENDIX A STATE Of CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE v`ILSON• Go., DEPARTMENT OF TRANSPORTATION D(STRiCT 17 7501 ►jiLmAN STREET { SAWA ANA. CA 97705 - October 28, 1993 /,'`:: . City of Huntington Beach Filer iGR�CEQA Ms. Susan Pierce SCH # 93101047.. Community Development 2000 Main Street Huntington Beach, CA 92648 Dear Ms. Pierce: Thank you for the opportunity to review and comment on the Negative Declaration No. C07 93-20. The proposed project is for the adoption of provisions to allow and regulate outdoor use, i.e. cans, kiosks, and sidewalk cafes, on private and public property. Caltrans, District 12 has the following comment for your consideration. Caltrans issues permits to encroach on land within the jurisdiction of our department to ensure that the proposed encroachments are compatible with the primary uses of the State DC Highway System. Please continue to keep us informed of any funher developments that could impact our State Transportation Facilities. If you have any questions or need to contact us, please feel free DOT to call Aileen Kennedy on (714) 724-2239. EVERRETT EVANS, Chief Office of Planning and Public Transportation cc: Tom Loftus, OPR Ron Helgeson, HDQTRS Planning T. H. Wang, Traffic Operations To : 1l i e CS'�C'_ F .� Late . October 29 , 1993 .- rom . Ci ty o ..t_nctGn Sea= _ 7-viron-menta1 Board Subject,: Negative Declara-ion -ZJ - Draft Ordinance to Permit Sidewalk Cares , Kiosks an-3 Pushcarts in the City of H. ntingLon =each T::e -nvironmental Board concurs t..-=- a '':ecative Declaration (ND) the annronriate le-,,el of en'Jirc i.=n-a1 review_ for this oroject . in GD addition t0 tf?e areas O' Concern a^.drocccd in tn2D, the Board feels that the following issues n__a -o be clari fied : 1 . Most responses t0 items 1 -nr'1 20 of the ;nitial Studv are marked as "No" , because no =-ze development is required at this time . Trlese resper.se_ _:ould be ChanCEd from "No" to "May be" , because the ootentialfor future charges does exist . Z It should be stated that mi-_cation shall be provided at the site specific environmental review stage for any adverse imDactS . 2 . F. Operating Requirements in the ordinance under Item 8 : 83a Non- operating hours should increased and carts, etc should not be left unattended between 10 : 00 p.m to 6 : 00 a .m. 3 . Measures to control noise from music and crowd control need to be stated in the ordinance . 4 . Operators of carts, etc must :e prohibited from "washing down" i their ecaii-oment on site . [ GG 5 . It has come to the Board' s at-ention that the City of Anaheim �GB may have a comprehensive ordinance on this subject . The Board encourages staff to review a'.-.eim ordinance . The environmental Board recomnmen:s aporoval of NO No. 93 -20 , Subject to adeC',:ate analysis and resolution Of the above issues . �GB If you have any cue=_ti o-s or cc cerns regarding our comments , $ _ Please contact Bill Line':-,an, C'1na_rzersan of- Review Cubco-m te e C � 7 CC : A11 me-.hers Gf the S• C C) 1===e, <rishan i al , ?.'ark Si car, Sa.. 'crr=s � ATTACHMENT NO. ALTERNATIVE FINDINGS FOR DENIAL CODE AMENDMENT NO. 93-5A/ NEGATIVE DECLARATION NO. 93-20 FINDINGS FOR DENIAL - CODE AMENDMENT NO. 93-5A/NEGATIVE DECLARATION NO. 93-20: 1. The code amendment does not include a maximum number of outdoor dining uses nor a setback requirement from sensitive uses such as schools, parks, residential, or churches and, therefore, may create provisions that will allow uses incompatible with surrounding areas. 2. The code amendment establishes provisions to allow outdoor dining uses that may impact the orderly development of the city, prevent pedestrian access to adjacent commercial uses, and create circulation problems along public sidewalks. REQUEST FOR CITY COUNCIL ACTION Date: February 22, 1994 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Adminisjxevt f'� Prepared by: Melanie S. Fallon, Director of Community Developmentf Subject: CODE AMENDMENT NO. 93-5A- NEGATIVE DECLARATION NO. 93-20- OUTDOOR DINING --/.22-IgV AIZZ4,,1 2�- -?17/V/- Consistent with Council Policy? [XI Yes [ ] New Policy or Exception -;�U Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Att ts: STATEMENT OF ISSUE: yt G .,,J 3�.k/`9� 4 �// 8� / /9 Transmitted for your consideration is Code Amendment No. 93-5A in conjunction with Negative Declaration No. 93-20, a request to amend the Huntington Beach Ordinance Code and Downtown Specific Plan by adding provisions to allow and regulate outdoor dining on private and public property. These provisions will apply to commercial properties citywide, including the downtown area. In addition, the Planning Commission requested that the City Council establish a.fee in conjunction with a license agreement for use of public property for outdoor dining purposes. RECOMMENDATION: Planning Commission and Staff Recommendation: Motion to: A. "Approve Negative Declaration No. 93-20 and Code Amendment No. 93-5A with findings and adopt Ordinance No j.Ua" and B. "Direct staff to modify the fee resolution to establish a fee in conjunction with a license agreement for use of public property." D � Planning Commission Action on Januoa 19, 1994 ON MOTION BY RICHARDSON AND SECOND BY NEWMAN,THE PLANNING COMMISSION APPROVED NEGATIVE DECLARATION NO. 93-20 BY THE FOLLOWING VOTE: AYES: RICHARDSON,NEWMAN,BIDDLE,COOK, DETTLOFF, GORMAN,INGLEE NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED ON MOTION BY INGLEE AND SECOND BY NEWMAN, THE PLANNING COMMISSION APPROVED CODE AMENDMENT NO. 93-5A WITH FINDINGS BY THE FOLLOWING VOTE: AYES: RICHARDSON,NEWMAN,BIDDLE,COOK, DETTLOFF, GORMAN,INGLEE NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED Findings for Approval I. Code Amendment No. 93-5 contains provisions to regulate the design and location of outdoor dining to ensure that these uses do not create undue congestion on public or private properties. 2. Code Amendment No. 93-5 contains provisions to reduce the liability of the City and surrounding property or business owners. ON MOTION BY DETTLOFF AND SECOND BY RICHARDSON,THE PLANNING COMMISSION APPROVED A RECOMMENDATION THAT THE CITY COUNCIL IMPOSE A FEE IN CONJUNCTION WITH THE LICENSE AGREEMENT FOR USE OF PUBLIC PROPERTY. AYES: RICHARDSON,NEWMAN,BIDDLE,COOK, DETTLOFF, GORMAN,INGLEE NOES:, NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED RCA 2/22/94 2 diningdocsP ANALYSIS: Code Amendment No. 93-5A is a result of the Planning Commission's decision to bifurcate Code Amendment No. 93-5, into 2 ordinances; Outdoor dining and Carts and Kiosks. At the November 16, 1993 Planning Commission public hearing, twenty-two persons spoke regarding the proposed ordinance. Their comments primarily focused on five major issues: parking, discretionary review, grandfathering existing uses, separate ordinances for outdoor dining and carts/kiosks, and alcoholic beverage sales. Due to the number of issues raised at the hearing, the Planning Commission established a subcommittee to evaluate written communications and comments received at the public hearings and formulate a recommendation to the Planning Commission. The subcommittee includes Planning Commissioners Newman, Inglee, and Gorman. The subcommittee met on several occasions and formulated a recommendation to the Planning Commission at their December 7, 1993 public hearing. Members of the subcommittee felt that the code amendment should be separated into two parts, Outdoor Dining, and Carts/Kiosks. The subcommittee focused its deliberations on the outdoor dining issue and deferred carts/kiosks discussion to future meetings. Recommendations pertaining to outdoor dining included the following: 1. Parking for outdoor dining on private property should be provided on-site at one half the ratio required by the parking ordinance,Article 960. Generally, 100%code required parking would be 10 parking spaces/1,000 square feet gross floor area. 50% of code required parking would be 5 parking spaces/1,000 square feet gross floor area. 2. No parking would be required for outdoor dining on public property; however, a license agreement with a fee to be established by the City Council would cover maintenance and other associaated costs to the City. 3. The process to allow outdoor dining would be through Zoning Administrator approval of a Use Permit. This process was selected because it is less expensive and involves less processing time that the Conditional Use Permit process by the Planning Commission. 4. All existing outdoor dining uses without prior Use Permit approval would be given 90 days following the effective date of the ordinance to obtain city approval and, if located on public property, enter into a license agreement with the City. 5. All uses on public property would also enter into a maintenance agreement. 6. All outdoor dining operators would provide public liability insurance. 7. The subcommittee recommended that the design of the table arrangement should be left up to the discretion of the operator. 8. Alcoholic beverages would be allowed by the City only in specific cases, such as approval of a temporary outdoor event or special event permit. RCA 2/22/94 3 diningdocsP These recommendations were further considered and formulated into Code Amendment No. 93-5A which was approved by the Planning Commission a their January 19, 1994, meeting. In addition,the Planning Commission felt that the license agreement should be accompanied by a fee based on a sliding scale of the value and location of public property used for outdoor dining. Some of the key elements of the outdoor dining ordinance are as follows: • Use Permit Required • Reduced Parking Requirement • No Grandfathering of Existing Uses • Requires A Minimum Eight Foot Wide Sidewalk For Pedestrian Use • Requires Maintenance License and Agreements and Liability Insurance Staff supports the Code Amendment because outdoor dining furthers the goals of creating a pedestrian oriented environment outlined in the Downtown Specific Plan. Outdoor cafes also will provide opportunities for Huntington Beach visitors to dine while enjoying other activities in the coastal community. FUNDING SOURCE: Not applicable ALTERNATIVE ACTION: Motion to: 1. "Continue Code Amendment No. 93-5A and direct staff to amend the ordinance as deemed necessary." 2. "Deny Code Amendment No. 93-5A with findings." ATTACHMENTS: 1---9iri *ie. No. 9;gA 20 jfifftfftr�- 1 '9" C T ,+ n ..,, QW4«48i'M, n. : &4t. A n 4' ,.Road icv T T 4' 'Roach 6. Alternative Findings for Denial MTU:MSF:SP:LP RCA 2/22/94 4 diningdocsP REQUEST FOR CITY COUNCIL ACTION Date: April 18, f994 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Melanie S. Fallon, Director of Community Development��`T Subject: CODE AMENDMENT NO. 93-5A - OUTDOOR DINING Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachmentsy(,Z Ir✓ STATEMENT OF ISSUE: A public hearing on Code Amendment No. 93-5A was held by the City Council on March 21, 1994. Following public testimony, the City Council made a series of straw motions to revise the proposed ordinance. The City Council continued the project to the April 18, 1994, City Council Meeting. The Department of Community Development requests Code Amendment No. 93-5A be continued to May 2, 1994, to allow finalization of the revisions requested by the City Council. RECOMMENDATION: Staff Recommendation: Motion to: "Continue closed to the May 2, 1994 City Council Meeting." L FUNDING SOURCE: Not Applicable ATTACHMENTS: 1. RCA dated March 21, 1994 MTU:MF:SP.jr 1 (M1015) l� REQUEST FOR CITY COUNCIL ACTION Date: February 22, 1994 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Adminislz r ^ Prepared by: Melanie S. Fallon, Director of Community Development Subject: CODE AMENDMENT NO. 93-5A-NEGATIVE DECLARATION NO. 93-20 - OUTDOOR DINING Consistent with Council Policy? [X] Yes [ ] New Policy or Exception 3-2 Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Att ts: �e- STATE ENT OF ISSUE: 3/.t 1 y! _ / � /9 Transmitted for your consideration is Code Amendment No. 93-5A in conjunction with Negative Declaration No. 93-20, a request to amend the Huntington Beach Ordinance Code and Downtown Specific Plan by adding provisions to allow and regulate outdoor dining on private and public property. These provisions will apply to commercial properties citywide, including the downtown area. In addition, the Planning Commission requested that the City Council establish a.fee in conjunction with a license agreement for use of public property for outdoor dining purposes. RECOMMENDATION: Planning Commission and Staff Recommendation: Motion to: A. "Approve Negative Declaration No. 93-20 and Code Amendment No. 93-5A with findings and adopt Ordinance No.341" and B. "Direct staff to modify the fee resolution to establish a fee in conjunction with a license agreement for use of public property." D � Planning Commission Action on JanuaU 19, 1994 ON MOTION BY RICHARDSON AND SECOND BY NEWMAN, THE PLANNING COMMISSION APPROVED NEGATIVE DECLARATION NO. 93-20 BY THE FOLLOWING VOTE: AYES: RICHARDSON,NEWMAN,BIDDLE, COOK, DETTLOFF, GORMAN, INGLEE NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED ON MOTION BY INGLEE AND SECOND BY NEWMAN, THE PLANNING COMMISSION APPROVED CODE AMENDMENT NO. 93-5A WITH FINDINGS BY THE FOLLOWING VOTE: AYES: RICHARDSON,NEWMAN,BIDDLE, COOK, DETTLOFF, GORMAN, INGLEE NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED Findings for Approval 1. Code Amendment No. 93-5 contains provisions to regulate the design and location of outdoor dining to ensure that these uses do not create undue congestion on public or private properties. 2. Code Amendment No. 93-5 contains provisions to reduce the liability of the City and surrounding property or business owners. ON MOTION BY DETTLOFF AND SECOND BY RICHARDSON, THE PLANNING COMMISSION APPROVED A RECOMMENDATION THAT THE CITY COUNCIL IMPOSE A FEE IN CONJUNCTION WITH THE LICENSE AGREEMENT FOR USE OF PUBLIC PROPERTY.. AYES: RICHARDSON,NEWMAN,BIDDLE,COOK, DETTLOFF, GORMAN, INGLEE NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED RCA 2/22/94 2 diningdocSP ANALYSIS: Code Amendment No. 93-5A is a result of the Planning Commission's decision to bifurcate Code Amendment No. 93-5, into 2 ordinances; Outdoor dining and Carts and Kiosks. At the November 16, 1993 Planning Commission public hearing, twenty-two persons spoke regarding the proposed ordinance. Their comments primarily focused on five major issues: parking, discretionary review, grandfathering existing uses, separate ordinances for outdoor dining and carts/kiosks, and alcoholic beverage sales. Due to the number of issues raised at the hearing, the Planning Commission established a subcommittee to evaluate written communications and comments received at the public hearings and formulate a recommendation to the Planning Commission. The subcommittee includes Planning Commissioners Newman, Inglee, and Gorman. The subcommittee met on several occasions and formulated a recommendation to the Planning Commission at their December 7, 1993 public hearing. Members of the subcommittee felt that the code amendment should be separated into two parts, Outdoor Dining, and Carts/Kiosks. The subcommittee focused its deliberations on the outdoor dining issue and deferred carts/kiosks discussion to future meetings. Recommendations pertaining to outdoor dining included the following: 1. Parking for outdoor dining on private property should be provided on-site at one half the ratio required by the parking ordinance, Article 960. Generally, 100% code required parking would be 10 parking spaces/1,000 square feet gross floor area. 50% of code required parking would be 5 parking spaces/1,000 square feet gross floor area. 2. No parking would be required for outdoor dining on public property; however, a license agreement with a fee to be established by the City Council would cover maintenance and other associaated costs to the City. 3. The process to allow outdoor dining would be through Zoning Administrator approval of a Use Permit. This process was selected because it is less expensive and involves less processing time that the Conditional Use Permit process by the Planning Commission. 4. All existing outdoor dining uses without prior Use Permit approval would be given 90 days following the effective date of the ordinance to obtain city approval and, if located on public property, enter into a license agreement with the City. 5. All uses on public property would also enter into a maintenance agreement. 6. All outdoor dining operators would provide public liability insurance. 7. The subcommittee recommended that the design of the table arrangement should be left up to the discretion of the operator. 8. Alcoholic beverages would be allowed by the City only in specific cases, such as approval of a temporary outdoor event or special event permit. RCA 2/22/94 3 diningdocSP These recommendations were further considered and formulated into Code Amendment No. 93-5A which was approved by the Planning Commission a their January 19, 1994, meeting. In addition, the Planning Commission felt that the license agreement should be accompanied by a fee based on a sliding scale of the value and location of public property used for outdoor dining. Some of the key elements of the outdoor dining ordinance are as follows: • Use Permit Required • Reduced Parking Requirement • No Grandfathering of Existing Uses • Requires A Minimum Eight Foot Wide Sidewalk For Pedestrian Use • Requires Maintenance License and Agreements and Liability Insurance Staff supports the Code Amendment because outdoor dining furthers the goals of creating a pedestrian oriented environment outlined in the Downtown Specific Plan. Outdoor cafes also will provide opportunities for Huntington Beach visitors to dine while enjoying other activities in the coastal community. FUNDING SOURCE: Not applicable ALTERNATIVE ACTION: Motion to: 1. "Continue Code Amendment No. 93-5A and direct staff to amend the ordinance as deemed necessary." 2. "Deny Code Amendment No. 93-5A with findings." ATTACHMENTS: 1. Ordinance No. 2. Code Amendment No. 93-5A 3. Negative Declaration No. 93-20 4. Planning Commission Staff Reports dated November 16, December 7, 1993, and January 19, 1994 5. Letters from Downtown Resident's Assoiciation and from Huntington Beach Tomorow received January 19, 1994 6. Alternative Findings for Denial MTU:MSF:SP:LP RCA 2/22/94 4 diningdocsP DWNTOWN 0 RESIDENTS' r� 11 ff �� I ASSOCIATION I I I , f I El � . 15 February 1994 „ x Mayor Linda Moulton-Patterson and Council Members v� City of Huntington Beach 2000 Main Street L <" ail i•..T,�rn C1 Huntington Beach, CA 92648 RE: FEBRUARY 22, 1994, CITY COUNCIL AGENDA ITEM RE DRAFT CODE AMENDMENT NO. 93-5A-OUTDOOR DINING ORDINANCE Dear Mayor and Council Members: Please find enclosed herewith: Letter to Planning Commission with enclosures dated 17 Jan 1994. The Downtown Resident's Association requests that you take into consideration the additions and deletions suggested in the foregoing document before making a final decision on this proposed Ordinance. Three major concerns appear in the Draft Ordinance that are of particular interest to us. None of these issues were contained in the rewrite or approval by the Planning Commission. Please consider them, if nothing else: 1. No sale or service of alcoholic beverages on public property. (Page 4, Attachment 1, DRAFT, Point 7, Planning Comm. Staff Report 01/13/94)., 2. Use Permit NON-TRANSFERRABLE upon sale, rent or lease of subject venue. It is important that each vendor/operator go through the process for approval in lieu of inheriting a questionable tenant, especially on Main Street. (Page 4, Attachment 1, DRAFT, Point 8, PC Staff Report 01/13/94). 3. Removing the Zoning Administrator approval throughout the entire document, replacing with Planning Commission in all cases. Reasons: he is 1 voice in lieu of 7; ZA hearings - due to time - prohibit public appearance and input; and insufficient noticing is done to publish hearing times and applicants. Thank y u for your con deration our concerns. CC: ` City Clerk M. Uberauga W.VDian a ta�terli l M. Fallon Co-Chair, Downtown Resident' ssaciation 2 ®"V W i%X V %V i% W: j try'-'.ILLS RESIDENTS' ®lAN IIroillII ASSOCIATION rff i go �f 111 I _ :17 January 1994 Chairman Detloff and Planning Commissioners City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: AGENDA ITEM B-1 : CODE AMENDMENT NO. 93-5a AND B NEGATIVE DECLARATION NO, 93-20 (Citywide) Dear Chairman Detloff and Commissioners: On November 14, 1993, the Downtown Resident's Association submitted to you, and made a presentation to you, our suggestions and recommendations on the first draft of the Cart/Kiosk/Sidewalk Cafe Ordinance. This item was continued until the January 19th, 1994, meeting. In reviewing the Staff Report on agenda item B-1 , it is noted that the draft ordinance is now divided into two parts, namely Outdoor Dining and Carts and Kiosks. It is also noted that the draft document language remains basically the same with only minor changes being made by the committee. For that reason, I am attaching a marked-up copy of Code Amendment No. 93-5A indicating the changes requested on November 14th, which are applicable today. Thank ybu for your consideration. Sinc re , G'Gix�i � I W. Di terling Co-Chair Downtown Resident's Association cc: Kim Lengel City Council City Clerk 1 • DRAFT CODE AMENDMENT NO. 93-5A ORDINANCE NO. AN ORDINANCE TO PERMIT OUTDOOR DINING SECTION 1. Section 9220.1(c) of Article 922 of the Huntington Beach Ordinance Code is hereby amended to add the following: �9220.1(C) S. Outdoor Dining pursuant to S 9730.88 SECTION 2. Section 9241(a) of Article 924of the Huntington Beach Ordinance Code is hereby amended to add the following: §.9241(g) S. Outdoor Dining pursuant to S. 9730.88 SECTION 3. Sections 4.3.01, 4.5.01, 4.6.01, 4.7.01, 4.8.01, 4.9.01, 4.11.01, and 4.12.01 of the Downtown Specific Plan are hereby amended to add the following: Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. ' 17� SECTION 4. Section 9730.88 of Article 973 is hereby added to read as follows: �ST (� �9730.88 Outdoor Dining. Outdoor dining on public ivate ro er ay be l` �S� i permitted subject to use permit approval by th Zoning Administrator ndm compliance with this section. A. DEFINITIONS: 1. Beach Area. The ocean side of Pacific Coast Highway including the Bluff Top Park area and the Pier. 2. Bluff Top Park Area: That area of improved beach access bounded on the south by 9th Street continuing north to the dividing line of Bolsa Chica State Beach. 3. Mini-Parks: Areas under city ownership for purposes of open space, plazas, landscape buffers or public gathering. 4. Outdoor Dining: An area where a cafe/restaurant provides food service on either public right-of-way, city owned open space, or privately owned open space. page I sp AAfiles\=ds\dining 01/13/94 00 T . 5. Physical Obstruction. Things that affect the use of property including but not limited to light stand -ds. trees, parking meters, trash receptacles, traffic signals, signs, benches, phone booths, newspaper stands, bus stops, driveways, pedestrian ramps, etc. 6. Pier: The structure owned by the city that extends from the termination of Main Street at Pacific Coast Highway into the Pacific Ocean 1966 feet. 7. Pier Plaza: The area adjacent and contiguous to the pier. 8. Privately Owned Open Space: That area under private ownership that is designated by a specific plan as required open space, required by condition of approval, or required setback. 9. Public Right-of-Wav: That property dedicated through acquisition or easement for the public right-of-way which includes the area spanning from the external side of the sidewalk on one side of a street to the external side of the sidewalk on the other side of'a street. B. LOCATION AND DESIGN CRITERIA: Outdoor dining shall conform to the following: 1. The outdoor dining shall be an extension of an existing or proposed eating or, drinking establishment on contiguous property. C" LPG ,gELEIr BIZ Pv�Ll s� sidewalk area of the publi 2. Outdoor dining located on th c right-of-wat hall S ' be limited to commercial areas within the Downtown Specific Plan. d `'G QPG� .D15 oR.P 3. Outdoor dining; located on th si ewaik area oft ublic right-of-wat�shall provide a minimum�ot clear passage area Jor pedestrian access. //11 4. A minimum 10 foot wide pedestrian walkway shall be provided when located .01 in a mini-park, public plaza or beach area.l aWc. QyTrc ac,wAy NOT /�4L)Wb //r-jec. V11Y NQT 5. Outdoor dining located on public property shall be separated from the clear passage area on the public sidewalk and/or pedestrian walkway by a temporary cordon �4/HFKj /,V ase --t, /Q - eMo✓ffZ N/HE1V /1 " "I I !/l•��` . J 6. At street intersections, the triangular area formed by measuring 25 feet along the curb lines or the area formed by the extension of the property lines to the curb lines, whichever is more restrictive, shall be clear passage area. page, ,p A:,lilmundsWinine 01/13/94 . ti �O N� ETe C. FACTORS TO CONSIDE Zoninz AdministratorJ shall cons!or the following factors regarding the loc ion and the design oJ the outdoor ng: 1. The width of the sidewal Wi T/.,' oREE /pt9SSH 6e rop, L t C 2. The proximity and location of building entrances; 3. Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches, phone booths, newsstands and utilities; 4. Motor vehicle activity in the adjacent roadway including but not limited to bus c, t stops, truck loading zones, taxi stands, hotel zones, or passenger loading; S. Pedestrian traffic volumes; and 6. Handicapped accessibility. Qn D. OPERATING REQUIREMENTS; 1�"ROYi�/ONS `�CON.DtT�oN S �cv.DJ�.l6 �.L.SE FEES 1. A license agreementtshall be obtained from the Cityfor outdoor dining located on public property The license agreement shall be subject to l p( t�rn, ation a�,�u �tat 0 day prior written notice upon determination oPCR� t lU ,Q G oonin one or more of the conditions r provisions o� t7l QE fit► G I ' of this section have been violated. Termination of a license agreement shall ' � nullify the use permit.� .fY Z. 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 page 3 sp A:\files\zands\dining 01/13/94 �RNNrN� � ,n/r1�SsroN. Q' Zoning Administrator for the o tdoor dining. Said agreement shall be submitted to and approved bte Department of Public Works prior to ommi ncement of the-m. 3: 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. r 4. An outdoor dining operator shall not sell to motorists or persons in vehicles. PRE, S. The applicant (or operator) shall all fees and deposits required by the Huntington Beach Municipal Code and Ordinance Code HND OFtITo - <<' MV E PER/ht 7r 4,4=,C eX H✓Ai[ABr r" Y-Rj'T iN COAVI C UOUS�uS�N�•� 6. All provisions of the Huntington Beach Municipal Code shall apply. �E�ETE jebe'je 7. No alc hol beverages may be served on public property xcept as approved by the City. WT. 8. The use ermit mat a transferred upon sale or transfer of the restaurant, subject a written request approved by the Zoning Administrator and the property owner. An amendment to the license agreement, if applicable, will 'i7' be required prior to transfer of the use permit. F. PARKING: Parkingfor outdoor dining oln1rilatIVc�Vt1shall be provided on- site at rL,�tfif�lye ratio required by Article 960 for the restaurant building. X01 4C tto allarkin,�shall be r1quirld forAutdool dininlon pVlic prglerty. SECTION 4. Enforcement hereof shall be by the Community Development Director or his/her designated agent. TE LT SECTION 5. Any existing outdoor dining lished without prior permit approval shall obtain a use pe 't d, if applicable, a cerise agreementwt to 90 days following the effective date of this o .�---' S F}/YlE f9 S v� oN� LE7s �R-K� T�/s � ,• 1 C c,.D Gc/17'ff ONe SET OF Fo�- A G L 'OP page 4 +p A:\tiles\zands\dininz 01/13/94 ORDINANCE NO. An Ordinance of the City of Huntington Beach Amending Articles 922, 924 and 973 of the Huntington Beach Ordinance Code and Amending Sections 4.3.01(a)(0), 4.5.01(a)(0), 4.6.01(d), 4.7.01(a)(0), 4.8.01(a)(0), 4.9.01(a)(0), 4.11.01, and 4.12.01(R) of the Downtown Specific Plan to Permit Outdoor Dining WHEREAS the City Council of the City of Huntington Beach wishes to allow outdoor dining, and establish - idelines for said use, NOW, THEREFO , the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Article 922 of the Huntington Beach Ordinance Code is hereby amended by amending Section 9220.1(c)(O�)thereof to read as follows: O. Outdoor dining puTant to section 9730.88 Outside uses pursuant to Section 9220.10 SECTION 2. Article 924 of the Huntin on Beach Ordinance Code is hereby amended by adding new Section 9241(a)(0)thereof to read as\f\ows: O. Outdoor dining pursuant to sect on`9730.88 SECTION 3. The Downtown Specific Plan is hereby amended by amending Section 4.3.01(a)(0) thereof to read as follows: O. Office Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 4. The Downtown Specific Plan is hereby amended by adding new Section 4.5.01(a)(0)thereof to read as follows: O. Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. 1 4\s\Ord:Otdrdng\02/24/94 SECTION 5. The Downtown Specific Plan is hereby amended by amending Section 4.6.01(d)thereof to read as follows: (d) Commercial Use - Commercial uses which areintegrated within and clearly incidental to an office use, shall be permitted provided that it cumulatively does not exceed ten (10)percent of total gross floor area of the development. The following uses shall be permitted: Barber Shops (a maximum of two (2) chairs); Beauty Shops (a maximum of two (2) stations); Prescription Pharmacies; Restaurants/coffee shops (on-site sale or consumption of alcoholic beverages is limited to beer and wine only; outdoor dining may be permitted pursuant to Section 9730.88 of the Huntington Beach Ordinance Code); Parking lots and structures. SECTION 6. The Downtown Specific Plan is hereby amended by amending Section 4.7.01(a)(0)thereof to read as follows: O. Office Supplies Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 7. The Downtown Specific Plan is hereby amended by amending Section 4.8.01(a)(0) thereof to read as follows: O. Offices Office supplies Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 8. The Downtown Specific Plan is hereby amended by adding new Section 4.9.01(a)(0)thereof to read as follows: 2 4\s\Ord:Otdrdng\02/24/94 O. Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 9. The Downtown Specific Plan is hereby amended by amending Section 4.11.01 thereof to read as follows: 4.11.01. Permitted uses. The following uses and structures shall be permitted in District#9 subject to approval of a Conditional Use Permit: hotels, motels, restaurants and recreational facilities. Outdoor dining may be permitted pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. SECTION 10. The Downtown Specific Plan is hereby amended by amending Section 4.12.01(R)thereof to read as follows: R. Restaurants (including fast food with take out windows; outdoor dining may be permitted pursuant to Section 9730.88 of the Huntington Beach Ordinance Code) Retail Sales (beach-related) SECTION 11. Article 973 of the Huntington Beach Ordinance Code is hereby amended by adding new Section 9730.88 thereof to read as follows: 9730.88 Outdoor Dining. Outdoor dining on public or private property may be permitted subject to use permit approval by the Zoning Administrator and compliance with this section. (a) Definitions. For purposes of this Section, the following words shall have the meanings as defined herein: 1. Beach Area: The ocean side of Pacific Coast Highway including the Bluff Top Park area and the Pier. 2. Bluff Top Park Area: That area of improved beach access bounded on the south by 9th Street continuing north to the dividing line of 3.Mini-Parks: Areas under city ownership for purposes of open space, plazas, landscape buffers or public gathering. 3. Mini-Parks: Areas under city ownership for purposes of open space, plazas, landscape buffers or public gathering. 3 4\s\Ord:Otdrdng\03/01/94 4. Outdoor Dining: An area where a cafe/restaurant provides food service on either public right-of-way, city owned open space, or privately owned open space. 5. Physical Obstruction: Things that affect the use of property including but not limited to light standards, trees, parking meters, trash receptacles, traffic signals, signs, benches, phone booths, newspaper stands, bus stops, driveways, pedestrian ramps, etc. 6. Pier: The structure owned by the city that extends from the termination of Main Street at Pacific Coast Highway into the Pacific Ocean 1966 feet. 7. Pier Plaza: The area adjacent and contiguous to the pier. 8. Privately Owned Open Space: That area under private ownership that is designated by a specific plan as required open space, required by condition of approval, or required setback. 9. Public Right-of-Way: That property dedicated through acquisition or easement for the public right-of-way which includes the area spanning from the external side of the sidewalk on one side of a street to the external side of the sidewalk on the other side of a street. (b) Location and design criteria. Outdoor dining shall conform to the following location and design criteria: 1. The outdoor dining shall be an extension of an existing or proposed eating or drinking establishment on contiguous property. 2. Outdoor dining located on the sidewalk area of the public right-of-way shall be limited to commercial areas within the Downtown Specific Plan. 3. Outdoor dining located on the sidewalk area of the public right-of-way shall provide a minimum 8 foot clear passage area for pedestrian access. 4. A minimum 10 foot wide pedestrian walkway shall be provided when located in a mini-park, public plaza or beach area. 5. Outdoor dining located on public property shall be separated from the clear passage area on the public sidewalk and/or pedestrian walkway by a temporary cordon. 6. At street intersections, the triangular area formed by measuring 25 feet along the curb lines or the area formed by the extension of the property lines to the curb lines, whichever is more restrictive, shall be clear passage area. 4 4\s\Ord:Otdrdng\03/01/94 Gj2-2 ' 2S (c) Factors to consider. The Zoning Administrator shall consider the following factors regarding the location and the design of the outdoor dining: 1. The width of the sidewalk ; 2. The proximity and location of building entrances; 3. Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches, phone booths, newsstands and utilities; 4. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones,taxi stands, hotel zones, or passenger loading; 5. Pedestrian traffic volumes; and 6. Handicapped accessibility. (d) Operating Requirements. 1. A license agreement 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 have been violated. Termination of a license agreement shall nullify the use permit. . 5 4\s\Ord:Otdrdng\02/23/94 2. 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. 3. 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. 4. An outdoor dining operator shall not sell to motorists or persons in vehicles. 5. The applicant(or operator) shall pay all fees and deposits required by the Huntington Beach Municipal Code and Ordinance Code. 6. All provisions of the Huntington Beach Municipal Code shall apply. 7. No alcohol beverages may be served on public property except as approved by the City. 8. The use permit may be transferred upon sale or transfer of the restaurant subject a written request approved by the Zoning Administrator and the property owner. An amendment to the license agreement, if applicable, will be required prior to transfer of the use permit. (f) Parking. Parking for outdoor dining on private property shall be provided on-site at one-half the ratio required by Article 960 for the restaurant building.No additional parking shall be required for outdoor dining on public property. (g) Enforcement. Enforcement of this Section shall be by the Community Development Director or his/her designated agent. SECTION 12. Any existing outdoor dining that has been established without prior use permit approval shall obtain a use permit and, if applicable, a license agreement within 90 days following the effective date of this ordinance. 6 4\s\Ord:Otdrdng\02/23/94 SECTION 13. This ordinance shall take effect thirty days from the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on this day of 51994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City A prney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Community Develo ent Director 7 4\s\Ord:Otdrdng\02/23/94 FROM :, WDE-CJE PHONE 1,10. +7 14 5756 6102 May. 01 1994 07:02PM P1 Post-It"'brand tax transmittal memo 7671 41ot pages o rT-0 ce IProm I'S r Hunting �n Bee:cl _Omorrow Depl- BOX 865 Huntington Beach CA 92648 714 536-41E l r,r l 3 1,t-)4 r..a rn Mayor M(:)uJ ton--Patterson and Cour,(A City of: Huntington Boach Co 2000 Main 6treet N) rtt rn FlUnt.lngton Beach , CA 92648 Dear Mayor Moulton-Patterson arid Couricilmembers : crn We wish to thank the Council and s;taff for incorporation of those cornments and requests which wo havo made oonnoction with this ordinance . However Huntington Beach Tomorrow would I i ke to tri-a ke the following comment:; and requests concernintg Item D-1 , the currant, vorsion of Code Amendment No . 93-5A - NeQtAtive Declaration No . 9320 -- Out(Jooi- Dining , which wi .11 boy considered at the Ce o u r,C;i I ineeting on May 2 , 1993 . W(,) w i e;h to reemphasize our position that outdoor di ni nri i r) appropriate areas avid at an appropriate levol can provido a desirable and attractive ambience iinrl ShOUld be encouraged . 1 . Environmental Asses:arrient No . 9320; to r_Q_q�)-gal th-AA,". Y_0_q L-Cipp.t. JL a P_Qlh ?F_ o,i,pme_ bQ_t2L_u_ xzA. Lom Th i s r i eg a t 1 v e declaration alz)plies t'o the whole ordinAnce , not just 95-5A . We question whether it, conform,,., with the letter, and intent of CECA and , further , do not believe it is good practice , in any case , L.o approv(�') the neoative doolaration for an ordinance ( or any dc)CUrnellt ) , only E.-)art of which You have seen . The following corrimevit..13 and aro ordered i,e:�Iative to the copy of tho ordinance before you for etpprovi.0. . SECTION 11 : 2 . Item 3 , P . .9: thg:. t_bp.. ebxpu,�_@_ Li2ljit, ani Let Lrn�n,-_t.&W L a 2 nt 0. I-qsDI QP1LJ_1.rmn t.-h4s" !",Ln Ar'.& wxjk-L hip, FROM :! I IDE-,CJE PHONE t•JO. : +7 14 57.G G102 May. 01 1994 O 7:0:SPM P2 3 .1 Item 9 , P . .10: It seems clearer to us to add' "private" before "property" in both cagey in order to avoid any future misunderstanding or dispute as to what property line is involved . SECTION 12 A r qu a t 0..�1 thy F�wiA na ��'MCD.��Ag" A Wm;,.V V d :��'L IIJKL :'.7,c.?n a,...Rg t hi,l::hg0 f1S,?u.t::, 1w L ! . Rrr.mj& jC1V.�?,jVjn . V,bjjV S?r.. JQjpjjy, h_al.c#.. Lub J.ic.. f..jj.5.�� LLL�ajqo, Decisions by the Zoning Administrator are meant to involve miner changes in permits which can be handled at, a ministerial level . Any continuing use of public; property for Private purpoS08 , especially that used for public Faccoss and upon space , is a major not a minor chanoe , not ea matter for minAt,.erial action and should have to vo through the Planning Commission procedure . Zoning Administrator hearings , even when held in the evening and even if hearings were reouired when these use permits involved public property , are relatively unknown to the general public and dC) not require the Leval of noticing that, accompanies Planni nca Commission considerations and actions . The long term use of public property should be the prorogat.i,vo of residants who s orve on the Plannino Commission and Council , not to the decision of city staff and one member of that". staff . We note that , even though City Council straw vote action proposed that action on use permits under this ordinance would coma before the Zoning Administrator at, night. moetings ( Item 1 , p . .2 ) , this has not been formalized in the steaff's version of the ordinance and would be left: to the discretion of staff to schodule such meetings at night . we recognize that therea will bo increased time and cost in having to go to the Planning Commission for approval of uses on public Property but agree with Planning Commissioner 9iddlro , who expressed the opinion as one in business , that the added cost is ea normal and necessary part of doing business when the public interest is involved . We believe this is espooiFally true when Publio access , public property and open space impFaate are- involved . ( a ) License And design criteT ia. . 5a , Item ( a ) 3 . , P . J0 2 FROM WDE CJE PHONE NO. : +714 5716 6102 May. 01 1994 07:N3PM P3 ;t 1 When sidewalks are crowded , as t;hoy are at times during they summer and are anticipated as being throughout the year , 8 feet Is hardly room for two peoples , especially with packages , etc. . , or a couplo to pass others without bumping into one another- uch a. , mall walkway also roduc:e s the openness of an area . Anything less will lead to an undesirable conge t i o n for pedestrians , reduce the attractiveness of st:,rol.l..ing through downtown with ei possible impact on ad,jacont. busint�ssos and 1:7robably result. .in interference with diners ever, if caress ai'e cordoned off , 5b . Same lhaLA. PhQUA tJ1Q r.'u M. 1 dQ--'Zid . LP �a 01. m i.,.l l�,,.t IL o f- J..I:L LLiLdl Lh.Lo u,'a - W i.l,...L b l?tr .J)J't' , as ind,icat.ed in t,ho ,;t.raw vote of the Council C Item 5 , 1:.> . .2 ) . G . Item ( a ) 5 , p . . 10: gold w�ll'Pl. '>c i �.���� ba i".�mwwq-. ft-g F?�.�� p I S��C�.r� �5�. f c" - €� ct" mn =_ ur. � . p ,tnkas�. Lrl f•�.Fa �. "��' "� l ^!^!.My n o �> J g 1. We believe t.hat, public property ought to be available for us,ca by the public whon it; is not in use or needed for the permitted e:;ommercial use . the m ax irrftlm amount of time . We also not:.e, thFa.t, the tables and chairs currently left. outs'ida after a business closes are.+ eal.rea..dy bring ueed as concgrevatino, ,:areas for groups of individuals and could be subject to vandalism . Perhaps the Council should consider these potential. problems even in private outdoor arenas C:onfi i1?LA0US to public or PUblic"-•private areas . 7 . Iterii ( a ) 4 . , p . 1.0: 4-Q ly tima r T C'IA » 1. a M,.L.Cl M P t. .1 f q..". 111 PA _ g- h at.lvl,. aLm& Q q--u,,.. Pwhl Lrc In addition to the reasons given in :,ea above , free Passage and the retention of a, feeling of oprin space is even more important ,i fi public, open space areAF, . T"hip. i s what. these nrens are Fil l about; i. r1 the first place and any oncroaohmont: onto public Property tipaco in �.sucfl a'i t;,Fa.E: Should be r()CJU1ed to t hf: CAL)sUlUtO rii i.n i muri1 . ( c ) Opearzit.ing Requirements , Provi,:-don-,' , and Coridition�,; FROM PHi 14E NO. +714 ^6 6102 May. 01 1'994 07:04F'M P4 1, 8 . Item ( c ) 7 We believe the case has been made over and over again , not only i.n Huntington Boach but in all cit.ios , for keeping alcohol off the streets and indoors . We believe this position has broad SUPF)ort in this city . e,8PO :i. jlly amon;- the 00- riera.l. public and families using downtown , nra.i.cghbors, of establishments whero alcohol is served and the , who must de-al with tho p) roblotlls gorierated . We bob I eve, the r...e)ur,ri l s, wall. aware, caf t he so problems and should simply stick to its straw vote pooitiorl adopted on March 21 , 1994 . Stuff has suggested screening only in public property aroa::z, . Why would screening not. be nor-4ded in the equivalent pr.ivuto areas? 7f screening were to be adcoq�uato , wotOA it not obv,iatca the u-se completely . Staff heal iUStifi.8d Outdoor Use, of alcohol on the basis of economic hardship for bus i..nesses, involved . Whet about the economic hardship on thF, citizens, of this city who must, the oo5t.s o-F outdoor alcohol icy uSO? Our expel-ie1ace hE18 dc:moricxst.rat.ed what t:.h(j.ao c:osts are and have J cJci to the banning of alcohol on the s ruet..s and breaches in thi�,z Lind other cities . 9 . Item ( 0 ) 8 . . P . . 13 goag-ut- W. . 11m �Q wx&U):.. ..!`' 122 Fe d g:u ta�.M.11 w.,�. :Lc r...�'z.�tup al t -z ',{... ��1 Em�'�. ��. . 5�� c i i 1� 4.Urllla I I`�.aa �?Y. !�—o�. . 1,1"k Qa Ya "i f)Q? p dds{d- tt o i:J2-e. Uoe—apt a so r oem t Il tbq- g.Uy,_ r Qy_ L. , qA- Ilia La& 1-Lr m i t. P.z:,:d. I», �Wgl..td b'u f.-.r Q. ;' > dm� as t_:h' rya TJ.d ruis?.J`?tE'l'!� R Q. 3 . , i 4? =.c.'C.v.f-t,— th!t-' th& kwsl. "i w lLIL 1L."t. At the March 21st: meeting , Councilman Robi,ttail.lo provided Farr excellent example of tho roa!�on for incorporating t..1-11.s requirement. in the ordinance and wish to thank him for calli.n`,3 that OXratrrlPlQ to YOUr at..t.6nt:ion . Amendment of a license does not necesE� aril.y involves a r"EIVIew arld is the only opporl.uni.ty that the public will have to review the; use of public space to det.erinine if thFs existing , continued arid proJected use is appropriate to the public interest . 1 C KILL b& @. a o-utLm tt ..c E'.. e� �n'lJ� Cm.m.Lafd� .1.C115��1 1 d Wit, Qf e-Uh1. -c- f.c?m LLIt, urt- t& :4;: ' 4'...I.tS2�11 :.c�?.. C'f- 1-11Q O.1: , ijaf-'' cc .10 4 FROM WDE`CJE PHONE 1.10. : +714 536 6102 May. 01 1994 07:05PM P5 i These USeS Should not be �� perpetuity i nca ci.rcum��t.an�:.�� � rne�y, change over time . It is aisa standard practice for the cont7°ac:t of this type to have. a time l.i.mitation , for well commonly accepted reasons , for a lejeasor to unilaterally ter minat0 the Z.caa�n . 1,1. . We remain concerned about the potential. negative prol..i.fora- tion of this; u r; and r(-<.11.ie) t that the Cul. 001,l be assure that the downtown does not become less at.ti,ac:tive as a result of such proliferation . 1.2 . We support staff ', recommendation of March 21, , 1.994 as, thea effective data of the ordinance ( Straw vote No . 14 , p . s � fair comprorni,.:o and for tho reasons indicated . Thank you for taking the time to review these regUOrSt.a , cornl'riont.., , and recommendations . Again , we aro sorry that they area �uppIie(I to you on such a short term basits , but wry often do not; atot tho final Information until a Yc-Qat.ivol.y short t.i.mo beforo a rnoot.ino . Think YOU for Your c;ontinuin�-r heard work on behalf of the citizen of this city . ZA'-?1V A d Q r obert E . Winchel.l President; , for the RoFard of Directors and Meirnbers of Huntington BeaGhl Toifr grow LEGISLATIVE DRAFT Article 922 COMMERCIAL DISTRICT STANDARDS (730-10/59, 810-1/61, 881-1/62, 917-8/62, 961-6/63, 975-7/63, 995-9/63, 1061-7/64, 1108-1/65, 1140-6/65, 1342-9/67, 1395-3/68, 1480-4/69, 1532-11/69, 1548, 2/70, 1549-2/70, 1602-10/70, 1672-10/71, 1839-7/73, 1860-8/73, 2060-6/76, 2454-10/80, 2503-8/81, 2522-12/81, 2730-11/84, 2765-7/85, 2773-7/85, 2829-5/86, 2957-9/88, 2958-10/88, 2987-3/89, 3063-11/90, 3109-7/91) Sections: 9220 General provisions 9220.1 Permitted uses 9220.2 Restricted uses 9220.3 Minimum parcel size/frontage 9220.4 Maximum density/intensity 9220.5 Maximum building height 9220.6 Maximum site coverage 9220.7 Setbacks 9220.8 Fencing 9220.9 Parking, loading and landscaping 9220.10 Outside uses--Storage and display 9220.11 Game arcades 9220.12 Dancing/live entertainment 9220.13 Hotels/motels 9220.14 Service stations 9220.15 Single Room Occupancy/Living Units 9220 General provisions. These regulations include provisions for several of the commercial districts within the City. The neighborhood commercial (C1) district is intended to provide for limited commercial development of under one and one-half acres on one corner of the intersection of secondary arterial highways which is compatible with surrounding residential uses. No automotive uses or outside storage is permitted. The community business (C2) district, a more intensive zone, permits all uses within the Cl district and, in addition, permits general retail uses including minor automobile repair and outside storage, subject to specific standards. The highway commercial (C4) district permits all uses included in the other commercial districts as well as hotels and motels. This district is intended to provide tourist facilities for vacation visitors. (2829-5/86) 9220.1 Permitted uses. The following section lists uses permitted in the commercial districts and the applicable approval process for each one. (a) List A - All districts. Initial establishment of use and occupancy for List A uses shall be permitted in the Cl, C2 and C4 districts subject to plan review approval by the Director. In the C1 district, the individual uses shall not exceed thirty-two hundred (3200) square feet. B. Retail bakeries (maximum seating capacity of 12) 7/91 9 220.1(a)(B.)-9220.I(b)(J) C. Candy stores D. Drugstores F. Florists H. Hair salons I. Ice cream stores L. Laundromats and tailor shops/dressmaking M. Markets, meats and groceries P. Professional offices R. Restaurants (take—out and dine—in with maximum seating capacity of 12) S. Shoe repair (b) List B — C2. C4 districts. Initial establishment of use and occupancy for List B uses shall be permitted in the C2 and C4 districts subject to plan review approval by the Director. A. Animal grooming; no boarding or outdoor kennels Automotive parts B. Bicycle shops Blueprint, copy, and print shops Bookstores and newsstands D. Department and clothing stores Dry cleaning (retail) E. Electronic part supply F. Financial institutions Frozen food lockers (retail) Furniture and appliance stores H. Home improvement, including paint, electrical, plumbing, and hardware supplies Health clubs with less than twenty—five hundred (2500) square feet I. Ice storage, limited to five (5) ton capacity J. Jewelry stores 7/91 9220.1(b)(M)--9220.1(d)(A) M. Marine supplies Movie theatres Music conservatories N. Nurseries (retail) O. Office supplies and stationery P. Pet stores Photography studios, equipment and sales R. Repair shops, appliances and electronics only (c) List C - C2 and C4 districts--Use permit. Initial establishment of use and occupancy for List C uses shall be permitted subject to the approval of a use permit by the Zoning Administrator within the C2 and C4 districts. A. Automobile minor repair pursuant to section 9730.58 Automobile, motorcycle, and recreational vehicle sales, including service and repair as an accessory use C. Carwash Clinic with less than 2500 sq. ft. (2957-9/88) G. Game arcades pursuant to section 9220.11 M. Mortuaries O. Outside uses pursuant to section 9220. £W C,Outdoor dining pursuant to section 9730.88 P. Personal Enrichment Service with less than 2500 sq. ft. (2957-9/88) R. Restaurants, including drive-through and dine-in Retail uses and services not specifically listed under (a) or (b) but of a similar nature (d) List D - C2, C4 districts--Conditional use permit. Initial establishment of use and occupancy for List D uses shall be permitted within the C2 and C4 districts (except as specified) subject to the approval of a conditional use permit application by the Planning Commission. Conditional use permits issued shall be nontransferable for the uses below which are preceded by an asterisk. (See Definitions for nontransferable restriction.) A. *Adult businesses pursuant to Article 975 Alcoholic Beverage Sales pursuant to Article 963 (2987-3/89) Animal clinic 7/91 9220.1(d)(D)--9220.6 D. *Dancing and/or live entertainment, including dancing for patrons under the age of twenty-one (21) pursuant to section 9220.12 F. *Fortunetelling (C4 only) H. Hotels and motels (C4 only, pursuant to section 9220.13) S. Service stations pursuant to section 9220.14 Single room occupancy/Living units pursuant to Section 9220.15 U. Unclassified uses pursuant to Article 963 (2829-5/86) 9220.2 Restricted uses. (a) Storage permitted within the commercial districts shall be limited to the accessory storage of retail products sold on the premises. Outside storage and display shall be permitted by use permit pursuant to section 9220.10. (b) A maximum of seven persons may be employed full time in processing or treating retail products, limited to those sold on the premises. This limitation is intended to prohibit all manufacturing uses within commercial districts. (2829-5/86) 9220.3 Minimum parcel size/frontage. District Minimum Lot Size Minimum Frontage C1 20,000 square feet 100 feet C2/C4 10,000 square feet 100 feet C4 20,000 square feet 100 feet (hotel/motel) (2829-5/86) 9220.4 Maximum density/intensity None. (2829-5/86) 9220.5 Maximum building height. Maximum building height shall be as follows. Roof-mounted mechanical equipment shall not exceed the height listed and shall be screened on all sides by the architectural features of the building. Cl. 20 feet C2/C4 50 feet C4 (hotel/motel) 35 feet (2829-5/86) 9220.6 Maximum site coverage. None. (2829-5/86) 7/91 9220.7--9220.10 9220.7 Setbacks. Setbacks are as listed below (in feet) except if otherwise designated on the sectional district map. Interior Exterior District Front Side Side Rear C1 50 10 50 10 C2/C4 10 0 10 0 C4 15 5 10 5 (hotel/motel) Exceptions. (a) Where a parcel abuts a residential district, interior side and rear setback requirements listed above shall be increased by a minimum of ten (10) feet. For all uses other than hotels and motels, the setback may be reduced to zero subject to conditional use permit approval by the Planning Commission and provided that the height of the structure is limited to eighteen (18) feet within forty-five (45) feet of the common property line. (b) Projecting canopy structures and other architectural features may extend five (5) feet into the required front and exterior side yard setbacks for the entire width of the building. (c) Telephone booths shall be subject to staff approval as to location for traffic safety purposes. (d) All structures and buildings which are subject to the fifty (50) feet or more setback requirement may encroach up to twenty-five (25) feet if additional landscaping is provided on the basis of one additional foot of landscaping for each one (1) foot of encroachment. The additional landscaping shall be provided along the entire length of:the building's encroachment and may be counted toward the requirements of Article 960. The permitted encroachments shall, in addition, be governed by the site angle requirements depicted in Diagram A. (2829-5/86) 9220.8 Fencing. Fencing shall comply with the standards outlined in Article 977. (2829-5/86) 9220.9 Parking, loading and landscaping. All developments shall comply with the standards outlined in Article 960. (2829-5/86, 3063-11/90) 9220.10 Outside uses--Storage and display. The following regulations shall govern all outside storage and display within the C2 and C4 districts. No outside storage or display shall be permitted within the Cl district. The intent of this section is to limit the type of buildings and display items permitted within and behind the required front and exterior side yard setbacks and to establish comprehensive guidelines for the review of all such requests. The Director shall consider the following issues in evaluating a plan review application for outside uses: the intended duration, location, and amount of display area; the method of display or storage; the provisions for off-street 7/91 9220.10-9220.11(a) parking and landscaping; vehicular and pedestrian visibility at driveway access points; and the guarantee of removal and cleanup if the use is temporary. (a) The following items may be permitted adjacent to a commercial building within the required setback areas. Those items greater than six (6) feet in height shall be subject to the site angle requirements depicted in Diagram A. (1) The display of a maximum of ten (10) new tires. (2) Merchandise offered in conjunction with approved temporary outdoor events such as grand openings, anniversary sales, or an ownership change. Such promotional activities may not exceed thirty (30) days. (3) Auto, truck, motorcycle, boat, or recreational vehicle sales provided that a three (3) foot wide landscaping strip is provided along all street frontages in addition to that which is required by Article 960. A landscaping plan shall be submitted for approval by the departments of Community Development and Public Works in order to assure adequate pedestrian access and compliance with adopted landscape standards. (4) Nursery display including plants, new garden equipment, or trailer rentals subject to the same landscaping standards as required above for automobile sales. (5) Newspaper racks, reverse vending machines. (2958-10/88) (6) Collection containers for charitable organizations such as Goodwill or recycling provided they shall not be placed on vacant lots nor exceed 500 square feet including any required attendant parking space.. (2958-10/88) (b) The following items may be permitted on a commercial site behind all required setback areas if screened from view on all sides by (1) a minimum six foot high decorative masonry wall or a building, and (2) landscaping. (1) Rental equipment (2) Patio furniture (3) Masonry items, including brick, cement, stone (4) Lumber or fertilizer provided they are limited in height to that of the adjacent screening wall. (2829-5/86, 2958-10/88) 9220.11 Game arcades. Game arcades shall be permitted in the C2 and C4 districts subject to the approval of a use permit by the Zoning Administrator and conformance to the following standards: (a) Bicycle racks or a special bicycle parking area shall be provided to eliminate obstruction of the public sidewalk and building entry. 7/91 1 9220.11(b)--9220.13(e) (b) Buffers shall be required as outlined in section 9220.12(c). (c) The facility shall be situated in a commercial area at an intersection with a traffic signal, and shall not be located closer than one-half mile by the shortest walking distance to any elementary, junior or senior high school. (d) Hours of operation shall be established by the Planning Commission. (e) One supervisory employee eighteen (18) years or older shall be in attendance during operating hours. (2829-5/86) 9220.12 Dancing/live entertainment. Adult dancing and/or live entertain- ment as a primary or secondary use, and dancing for patrons under the age of twenty-one (21) shall be permitted in the C2 and C4 districts subject to the approval of a conditional use permit by the Planning Commission and conformance to the following standards: (a) The use shall comply with any applicable provisions of the Huntington Beach Municipal Code, including Chapter 5.28, Dance Halls, Chapter 5.44, Restaurants--Amusement and Entertainment Premises, Chapter 5.70, Adult Entertainment Businesses, and Chapter 8.40, Noises. (b) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided to eliminate obstruction of the public sidewalk and building entry. (c) Buffers to provide separation between the use and adjacent residentially zoned or general planned property shall be provided in order to ensure effective protection from noise, trash, and other potential nuisances. Buffers may include other buildings, arterial streets, and permanent open space as defined in this code. Block walls shall not be considered buffers. (2829-5/86) 9220.13 Hotels/motels. Hotels and motels shall be permitted in the C4 district subject to the approval of a conditional use permit by the Planning Commission and conformance to the following standards: (a) Hotels and motels shall be located and take access from arterial highway. (b) A passive or active outdoor recreational amenity shall be provided for the use of all guests subject to approval by the Planning Commission. (c) A minimum of ten (10%) percent of the site shall be landscaped and a minimum fifteen (15) foot wide landscaped planter shall be provided at all streetside property lines. (d) Such use shall provide transient occupancy to overnight guests for a maximum period of thirty (30) consecutive days and for a minimum daily stay. (e) Such use shall comply with any applicable provisions of the Huntington Beach Ordinance Code. (2829-5/86) 7/91 9220.14--9220.14(d)(3) 9220.14 Service stations. Service station uses warrant separate considera— tion because they tend to have specialized problems which require the regula— tion of location and design in order to protect the health, safety and general welfare of the community. These concerns include potential traffic hazards, the unenclosed nature of the use, distinctive physical appearance, hours of operation, noxious odors, noise, and the danger to life and property due to the storage of flammable and explosive materials. (a) Locational criteria. The Planning Commission shall consider the following criteria when evaluating a proposed conditional use permit: (1) The site shall be at the intersection of arterial highways or adjacent to a freeway off—ramp. A site at the intersection of a secondary arterial and any other highway may be permitted if two (2) of the remaining corners are zoned and general planned for commercial uses. (2) The site's proximity to other service stations or businesses associated with flammable materials. (3) The site's proximity to residences, schools, hospitals, churches, theaters, parks, and other places of public assembly. (4) Potential adverse impacts on traffic circulation and pedestrian safety the proposed use would have on abutting streets. (b) Prohibited uses. (1) Automobile repair shall be limited to minor repair as defined in this code. (c) Minimum parcel size and frontage. (1) The minimum lot size shall be 22,500 square feet. (2) The minimum frontage on any arterial highway shall be one hundred and fifty (150) feet. (d) Accessory uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the initial conditional use permit request or shall be subject to new entitlement if proposed after the initial application has been filed. (1) Convenience markets in conjunction with gasoline sales shall be permitted provided no automotive repair or truck or trailer rental shall be permitted on the same site. (2) Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral design with the main structure. (3) Vending machines provided they are placed entirely within the main building. 7/91 9220.14(4)-9220.14(f)(5) (4) Tire storage provided such use is limited to a single storage structure compatible with the architecture of the building and limited in size to eight (8) feet high by sixteen (16) feet long. The location shall be behind required streetside setbacks, either adjacent to the building or on an interior property line. Outside display of any other type of merchandise shall be prohibited. (5) Outside activities shall be limited to the dispensing of gasoline, oil, water, and minor accessory parts such as fan belts and wiper blades. Outside storage of motor vehicles shall be prohibited except as provided for truck rentals below. Outside storage shall mean the parking of a motor vehicle outside for a period in excess of twenty—four (24) hours, or, if the vehicle is being serviced, in excess of seven (7) days. (6) Truck and utility trailer rental provided they do not exceed twenty—five (25) feet in length, and are stored a minimum of fifty (50) feet from exterior property lines. (e) Setbacks. Building setbacks shall conform to the regulations stated for the district in which the site is located or as specified on the sectional district maps for the site itself. Pump islands and canopy structures shall maintain the following setbacks from exterior property lines: Pump island: 15 feet Canopy: 7 feet with ground clearance of 12 feet above centerline of the adjacent street (f) Design standards. The following standards are intended to encourage a safe and efficient site layout and aesthetically pleasing architecture and landscaping. (1) In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the general neighborhood. (2) The location, number, and design of driveways as well as on and off—site traffic circulation impacts shall be analyzed. (3) Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of three (3) service bays shall be permitted per site, none of which shall face a public right—of—way. (4) Lighting shall be of low profile design, indirect or diffused, and shall create a pleasing appearance with no negative impact on surrounding uses. (5) A minimum of ten (10%) percent of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Article 960, as well as conform to the following requirements: 7/91 9220.14(f)(5)(i)--9220.15(a)(1) (i) A three (3) foot wide planter (inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may be required to effectively screen service bays from surrounding properties. (ii) A six hundred (600) square foot planter with a minimum dimension of twenty (20) feet shall be provided at the corner of intersecting streets. (iii) A total of seventy (70) square feet of planting area shall be located adjacent to and on the streetside of the main building. (g) Nonconforming service stations. Plans to substantially alter or modernize existing service stations shall be subject to the approval of a new conditional use permit and conformance with all current code requirements. The reduced requirements outlined below shall apply to existing nonconforming service stations which shall meet all such standards by December 16, 1977. (1) A minimum of six (6%) percent of the site shall be landscaped. Such plans shall conform to all applicable provisions of Article 960, Off—street Parking and Landscaping. (2) Where feasible, a minimum three (3) foot wide landscape planter (inside dimension) shall be provided along streetside property lines. (3) A landscaped planter shall be provided at the corner of the two intersecting streets. (4) Where regulations for the placement of planters would impede circulation or access, landscaping shall be placed elsewhere on the property to meet the minimum requirement. (5) Trees shall be provided for the planters at a rate of one thirty inch box tree per forty—five (45) feet (or fraction thereof) of planter length. (6) All freestanding and attached signs shall be altered or removed in order to comply with the provisions of the sign code. Service stations which were in conformance with all sign provisions in effect on June 16, 1979 shall not be required to come into conformance with any newly adopted standards. Service station signs which were not in conformance with applicable requirements on this date shall be required to be brought into conformance with all provisions of the sign code as it exists or may hereinafter be amended. (2829-5/86) 9220.15 Single room occupancy/Living units. Single room occupancy/Living units shall comply with the following requirements: (3109-7/91) (a) General provisions. (3109-7/91) (1) All projects shall comply with the most recently adopted City Building, Plumbing, Mechanical, Electrical, Fire, and Housing Codes. (3109-7/91) 7/91 9220.15(a)(2)--9220.15(b)(4)(1) (2) No more than one (1) person shall be permitted to reside in any unit which is less than two hundred twenty (220) square feet in size. (3109-7/91) (3) No more than two (2) persons shall be permitted to reside in any unit, excluding the manager's unit. (3109-7/91) (4) A Management Plan shall be-submitted for review and approval with the Conditional Use Permit (CUP) application. The Management Plan shall contain management policies, operations, emergency procedures, security program including video cameras monitoring building access points, rental procedures and proposed rates, maintenance plans, and staffing needs, and tenant mix, selection and regulations.. (3109-7/91) (5) An on-site, twenty-four (24) hour manager is requried in every SRO project. In addition, a manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 220 square feet in size. (3109-7/91) (6) Rental procedures shall allow for both weekly and monthly tenancies only; deposit requirements shall be specified for each type of tenancy. (3109-7/91) (7) All units within SRO projects shall be restricted to very low and low income individuals as defined by the City's housing element, with the exception of the twenty-four (24) hour manager. (3109-7/91) (8) Each SRO project shall be subject to annual review by the City which includes the review of management services. The SRO project owner shall be responsible for filing an annual report to the Department of Community Development which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents. (3109-7/91) (9) The Planning Commission or City Council may revoke the Conditional Use Permit if any violation of conditions or any of the adopted Huntington Beach Codes occurs. (3109-7/91) (b) Unit requirements. (3109-7/91) (1) Minimum unit size shall be one hundred seventy (170) square feet. (3109-7/91) (2) Maximum unit size shall be four hundred (400) square feet. (3109-7/91) (3) The average size of all living units within the project shall not exceed two hundred seventy five (275) square feet. (3109-7/91) (4) Each unit shall contain a kitchen and bathroom. (3109-7/91) (i) Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x 24"), refrigerator, and stove or microwave oven. (3109-7/91) 7/91 9220.15(b)(4)(ii)-9220.15(c)(7) (ii) If stoves are not provided in each unit, then stoves shall be provided in a common kitchen area(s). (3109-7/91) (iii) Bathrooms shall contain a lavatory, toilet, and shower or bathtub. (3109-7/91) (5) Each unit shall have a minimum forty-eight (48) cubic feet of closet/storage space. (3109-7/91) (c) Project requirements. (3109-7/91) (1) Common recreational space shall be provided in each project as follows: (3109-7/91) (i) Minimum common recreational space shall be four hundred (400) square feet. (3109-7/91) (ii) For projects exceeding thirty (30) units in size, additional square footage is required as follows: (3109-7/91) Units less than 220 square feet - 10 square feet/unit over 30 (3109-7/91) Units 220 square feet of greater - 15 square feet/unit over 30 (3109-7/91) (iii) Common recreational space may be indoor or outdoor provided there is at least forty (40%) percent allotted toward indoor space and forty (40%) percent outdoor space; the balance may be either indoors or outdoors. (3109-7/91) (iv) Common recreation space may be in separate areas provided each space is not less than two hundred (200) square feet in size and has no less than a ten (10) foot dimension. (3109-7/91) (2) A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager's desk. (3109-7/91) (3) A mailbox shall be provided for each unit. (3109-7/91) (4) Handicap access facilities shall be as required by applicable state or local law. (3109-7/91) (5) At least one handicapped-accessible unit shall be required for every twenty (20) units. (3109-7/91) (6) Laundry facilities shall be provided in a separate room in a location near the common indoor recreational space. Washers and dryers may be coin operated. (3109-7/91) (7) A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold water on every floor shall be provided. (3109-7/91) 7/91 9 220.15(c)(8)--9220.I S(c)(12) (8) Storage Lockers (3109-7/91) (i) Storage lockers shall be provided in a secured area. (3109-7/91) (ii) The cumulative total of locker space shall be no less than a ratio of ten (10) cubic feet per unit. (3109-7/91) (9) All common indoor space areas shall have posted in a conspicuous location a notice from the City's Department of Community Development regarding contact procedures to investigate housing code violations. (3109-7/91) (10) Bicycle stalls shall be provided at a minimum of one (1) stall per ten (10) units in a secured and enclosed area. (3109-7/91) (11) Trash disposal chutes as well as a centralized trash area shall be provided on all multi—story project. (12) A minimum of two (2) pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. (3109-7/91) 7/91 ***INSERT DIAGRAM*** 9240--9241I Legislative Draft Article 924 VISITOR SERVING COMMERCIAL DISTRICT (VSQ (2656-12/83, 2849-8/86, 3064-11/90) Sections: 9240 General provisions 9241 Permitted uses 9242 Minimum parcel size/frontage 9243 Maximum height 9244 Maximum site coverage 9245 Setbacks 9246 Open space 9247 Parking, loading and landscaping 9248 Miscellaneous provisions 9240 General provisions. The purpose of the visitor serving commercial (VSC) district is to implement the general plan designation of commercial visitor serving and to provide for hotels, motels, restaurants and other retail and service uses of specific benefit to both coastal visitors and permanent residents. (2656-12/83, 2849-8/86) 9241 Permitted uses. (a) Use permit. The following uses shall be permitted in the VSC district subject to use permit approval by the Zoning Administrator. A. Antique Store Art gallery and/or dealer Arts and crafts supplies B. Bakery Beach, swimming and surfing equipment Bicycle sales, repair and rental shop Boat and marine supplies Bookstore Botanical garden C. Camera shop Clothing store Confectionary store Convenience market D. Delicatessen Drug Store F. Financial institutions Flower shop G. Gift/curio shop H. Hair and nail salons (appurtenant to a hotel or motel) Health clubs less than two thousand five hundred (2,500) square feet I. Ice cream parlor 11/90 9241(a)J--9241(b)S J. Jewelry store L. Laundries (self-service or pickup) M. Marine insurance �,E�/ O. Outdoor dining pursuant to section 9730.88 P. Photographic studio Photographic processing (no more than one (1) developing machine) Photographic equipment sales R. Real estate office (in conjunction with sales/management on-site) Restaurant (excluding drive-thru) S. Shoe store Sporting goods store T. Travel agency Tourist-related public and semipublic buildings, services and facilities such as, but not limited to, museums or tourist information bureaus Y. Yacht broker (b) Conditional use permit. The following uses shall be permitted in the VSC district subject to approval of a conditional use permit by the Planning Commission: B. Bar/cocktail lounge C. Cabaret Club and lodge (private) D. Dancing and/or live entertainment as a primary or accessory use H. Hotel or motel pursuant to Article 922 L. Liquor stores O. Office (business and professional) provided the entire street level or one-third (1/3) of the total floor area (with at least fifty (50%) percent on the street level) shall be devoted to visitor serving uses* Outdoor retail sales as a primary use Outdoor eating area R. Residential uses not to exceed twenty-five (25) units per acre provided the entire street level or one-third (1/3) of the total floor area (with at least fifty (50%) percent on the street level) shall be devoted to visitor serving uses* Restaurants, drive-thru S. Service stations pursuant to the commercial district regulations 11/90 9241--9246(a)(1) *Visitor serving uses must either be provided prior to other development, or assured as part of the development. In the event of a consolidation of a minimum one block area, or eighty-seven thousand (87,000) square feet, such uses may be located in separate structures or on separate portions of the parcel in the context of a planned development, provided no less than one-third (1/3) of the total floor plan permitted is devoted to visitor-serving uses, and provided that at least ten (10%) percent public open space and pedestrian access amenities are provided to maintain a predominantly visitor serving orientation. (2656-12/83, 2849-8/86) 9242 Minimum parcel size/frontage. Minimum parcel size: 10,000 square feet Minimum lot width: 100 feet Minimum lot depth: 100 feet (2849, 20 Aug 86; (2656, 12/83) 9243 Maximum height. Maximum height shall be fifty (50) feet including any rooftop mechanical equipment. (2656-12/83, 2849-8/86) 9244 Maximum site coverage. Maximum site coverage shall be fifty (50%) percent. (2656-12/83, 2849-8/86) 9245 Setbacks. Setbacks are as listed below except if depicted otherwise on the sectional district map. Interior side and rear setbacks shall be increased where the site abuts a residential district. This figure is indicated in parentheses below. Front: 10 feet Side Interior: 0 - (10) feet Exterior: 10 feet Rear: 0 - (10) feet (2849, 20 Aug 86; 2656. 12/83) 9246 Open space. (a) For any development devoted exclusively to commercial uses, public open space shall be ten (10%) percent of the site area. In mixed use developments which include residential units, public open space shall be five (5%) percent of the site area and may have the common recreation space requirements applied toward meeting this requirement. For the purposes of meeting these requirements, only one-half of the public open space provided above the second floor shall be counted. Setbacks shall not be used for meeting open space requirements. (1) Public open space shall be accessible to the public and provided in the form of open air commercial uses which are open to the street on the first floor, open on at least one side above the first floor, or open to the sky, or by any of the following: patios, plazas, balconies, gardens, or view areas. 11/90 9246(b)-9248(a) (b) The combined total of private and common recreation space for the residential portion of mixed use developments shall be twenty-five (25%) percent of the residential floor area. Setbacks shall not be used for meeting open space requirements. (1) Private open space shall be: a. Contiguous to the dwelling unit it serves and for the exclusive use of the occupants; b. Have a minimum area of not less than sixty (60) square feet and a minimum dimension of not less than six (6) feet per side; c. Only accessible to the dwelling unit it serves; d. Physically separated from public areas by a wall or hedge at least forty-two (42) inches in height; e. Minimum square footage shall be as follows, depending upon the unit size: Bachelor or studio: 60 One (1) bedroom: 75 Two (2) bedroom: 100 Three (3) bedroom: 150 Three or more bedrooms: 200 (2) Common recreation space: a. Shall be accessible to all dwelling units within the development; b. Shall not include parking areas or driveways; c. May be located on roofs. (2656-12/83, 2849-8/86) 9247 Parking and landscaping. All developments shall comply with the standards outlined in Article 960. (3064-11/90) 9248 Miscellaneous provisions. (a) Refuse collection areas. All refuse and refundable bottle or container collection areas shall be screened from view on all sides by a six (6) foot high decorative masonry wall. Residences shall be provided with collection areas separate from those for any commercial uses and located within two hundred (200) feet. (b) Accessory structures. All structures customarily incidental to a permitted main use may be constructed on any lot with a main building provided that such structure shall be a maximum fifteen (15) feet in height and ten (10) feet from any other structure on the same lot. Setbacks shall be as required by this article. Multistory parking structures are excluded from the provisions of this subsection. (2656-12/83, 2849-8/86) 11/90 Huntington Beach Ordinal. Code 9,_J Index LEGISLATIVE DRAFT ARTICLE 973 MISCELLANEOUS PROVISIONS (495-5/46, 517-10/47, 752-3/60, 1046-4/64, 1130-4/65, 1191-3/66, 1194-4/66, 1222-7/66, 1283-1/67, 1326-6/67, 1135-7/67, 1351-10/67, 1367-11/67, 1375-12/67, 1395-3/68, 1407-5/68, 1423-6/68, 1441-9/68, 1648-6/71, 1653-11/71, 1670-9/71, 1786-11/72, 1821-2/73, 2041-3/76, 2113-11/76, 2127-12/76, 2197-6/77, 2439-8/80, 2487-6/81, 2556-8/82, 2588-1/83, Urg Ord 2693-5/84, 2691-6/84, 2730-10/84, 2760-5/85, 2791-9/85, 2808B-12/85, 2829-5/86, 2831-6/86, 2837-7/86, 3107-5/91) Sections: 9730 Height limitations. Exception 9730.2 Public uses. All districts 9730.4 Dedication required 9730.6 Exceptions to required dedication 9730.8 Horticultural uses 9730.10 Right-of-way dedication determinants 9730.12 Improvement required 9730.14 Improvement deferred 9730.16 Installation of improvements. Exception 9730.18 Encroaching doors or entry gates 9730.20 Screening and rooftop mechanical features 9730.22 Minor accessory structures 9730.24 Agricultural stands 9730.26 Christmas tree and pumpkin sales lots 9730.28 Trailer, temporary structures or construction offices 9730.30 Commercial coaches 9730.32 Subdivision sales offices and model homes 9730.34 Use permits required for multiple dwellings 9730.36 Home occupations. Conditions 9730.38 Inspection of premises 9730.40 Home occupation application 9730.42 Revocation of home occupation permit. Appeal 9730.44 Commercial, professional and industrial uses. Housing of goods 9730.48 Nonrelated persons. Twenty-four hour care 9730.50 Applications. Criteria for 9730.52 Temporary commercial parking lots 9730.54 Temporary commercial parking lots. Revocation of use permit 9730.56 Seasonal parking lots 9730.57 Seasonal parking lots. Conformance to standards prior to permit. Revocation of permit 9730.58 Automobile related standards 9730.60 Trash areas 9730.62 Archeological remains 9730.64 Temporary outdoor events 9730.66 Residential parking requirements. Coastal zone 9730.68 Private garages and carports. Residential uses 9730.70 Certificate of occupancy 9730.80 Certificate to operate 9730.85 Satellite dish antennas 9730.85.1 General provisions 9730.85.2 Satellite dish antennas attached to main structures 9730.85.3 Satellite dish antennas detached from main structures 9730.85.4 Satellite dish antennas—Exception NEWout oor imng 5/91 9730--9730.6(b) Huntington Beach Ordinance Code 9730.86 Transportation demand management 9730.86.1 Purpose and intent 9730.86.2 Definitions 9730.86.3 Applicability 9730.86.4 Site development standards 9730 Height Limitations. Exception. Except as provided for industrial districts, height limitations specified for each district may be exceeded up to ten (10) feet for the following: chimneys, cooling towers, flagpoles, scenery lofts, water tanks, ornamental towers, spires, domes, cupolas, oil well derricks, parapet walls not more than four (4) feet high, rooftop mechanical equipment, public utility facilities, structures and necessary mechanical appurtenances such as boiler frameworks, turbines, generators, and related mechanical fixtures, transmission towers, or other similar equipment not designed for habitation. Exceptions of more than ten (10) feet to district height limitation for the above shall be subject to approval of a use permit by the Zoning Administrator. Structures for wind-driven generators are not exempt under this section. (2556-8/82) 9730.2 Public Uses. All Districts. Except community facilities and civic district structures which are subject to review by the Design Review Board, the limitations of this code shall not be deemed to prohibit in any district any of the following uses: (a) Public buildings owned by the City and the customary uses of such buildings. (b) Public schools, including usual, customary facilities in connection therewith. (c) Public parks including recreation, storage and service buildings common thereto. (d) Commercial enterprises, concessions or amusements operated for gain which are incidental to a public facility. (2556-8/82) 9730.4 Dedication Required. Prior to issuance of a building permit, or prior to the use of land for any purpose, all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such improvements including access rights and abutters' rights, drainage, public utility easements, and other easements. (2556-8/82) 9730.6 Exceptions to Required Dedication. Dedication shall not be required prior to issuance of a building permit for: (a) Interior building alterations which do not exceed a third of the value of a building, as defined in the Uniform Building Code, and which effect no change of occupancy. (b) Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building, as defined in the Uniform Building Code, and add no additional residential units. 5/91 Huntington Beach Ordinance Code 9730.6(c)--9730.14 (c) Fences and walls. (d) Temporary uses, as specified in this article. (2556-8/82) 9730.8 Horticultural Uses. Prior to use of land for any horticultural purpose, all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. All streets and alleys shall be improved, or an agreement entered into for such improvements, including access rights and abutters' rights, drainage, public utility easements, and other easements. The dedication herein required may be reviewed at the time of entitlement, upon request by the applicant, and a temporary postponement, not to exceed one (1) year, may be granted, upon consideration of the following criteria. (a) Type of horticultural use proposed. (b) Duration (temporary or permanent). (c) Vehicular access, and effect of the proposed use on traffic in the vicinity of the site. (d) Relationship between the proposed requirements and an anticipated expanded use. (e) Dedication shall not be required for any purpose not reasonably related to such horticultural use. (2556-8/82) 9730.10 Right-of-Way Dedication Determinants. Right-of-way dedication width shall be determined by either of the following: (a) Department of Public Works standard plans; or (b) A precise plan of street, highway or alley alignment. (2556-8/82) 9730.12 Improvement Required. (a) No building permit shall be issued by the Community Development Department until an application for permit has been filed, street improvement plans and specifications have been submitted for plan check, and all fees, established by resolution of the City Council, have been paid. The Community Development Department shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirement of the Huntington Beach Building Code and other pertinent laws and ordinances. (b) The Community Development Department shall make a frame inspection, as required by the Huntington Beach Building Code, at which time all off-site improvements, including curbs, gutters, and street paving, shall be completed. (2556-8/82) 9730.14 Improvements Deferred. Improvements required by this article may be deferred in the following instances and upon adherence to the following requirements and regulations: 5/91 9730.14(a)-9730.22 Huntington Beach Ordinance Code (a) Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures qualify for final release for occupancy. (b) Where a drainage system would be delayed by the installation of improvements. (c) Where an agreement is entered into with the City to install improvements by a late date certain, said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate (including inflation estimates) of the required improvements. Such bond or cash shall be deposited with the City Treasurer. (d) Where the developer has agreed with the City in writing that the deposit required by such section (c) of this section may be used by the City after an agreed upon time to complete the required improvements, the remainder of such deposit, if any, shall be returned to the developer upon completion of such improvements by the City. (2556-8/82, 2588-1/83) (e) The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants. A nonrefundable fee set by resolution of the City Council shall accompany such application. (2588-1/83) 9730.16 Installation of Improvements. Exception. Where construction is limited to one lot and the erection of a detached single-family dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer and water main extensions, and ten (10) feet of street paving to meet Department of Public Works standards. Where necessary, temporary paving shall be installed to join existing street improvements. (2556-8/82) 9730.18 Encroaching Doors or Entry Gates. No door of a private garage or portion of a main building used as a garage, or an entry gate shall be so installed so as to extend into any public right-of-way when open or being opened. (2556-8/82) 9730.20 Screening and Rooftop Mechanical Features. No rooftop mechanical feature or appurtenance, except for solar equipment, shall be visible from any adjacent public right-of-way. (2556-8/82) 9730.22 Minor Accessory Structures. Minor accessory structures such as cabinets, sheds, pet shelters, and children's playhouses which do not exceed sixty-four (64) square feet of floor area, eighty (80) square feet of roof area and a height of six (6) feet shall be permitted in any district. Such structures shall be located in the rear two-thirds of the lot and shall not be subject to rear and side yard setbacks required for detached accessory buildings. If any such structure exceeds forty-two (42) inches high and is located in the required side yard setback for the dwelling, a minimum clearance of five (5) feet shall be maintained between said structure and the dwelling to permit access to the rear yard. (2556-8/82, 2760-5/85) 5/91 Huntington Beach Ordinance Code 9730.24--9730.26(b) 9730.24 Agricultural Stands. Agricultural stands may be permitted in any district as a temporary use subject to approval of an administrative review application by the Zoning Administrator, and compliance with the following: (a) Stands shall be located within the agricultural area where the produce is grown. (b) Such temporary use shall be limited to the sale of produce grown on the parcel or on adjacent parcels under common ownership or under lease by the applicant. (c) Stands shall not be located closer than twenty (20) feet to the edge of the street pavement, and in no case shall encroach on a public right-of-way. (d) In the event additional right-of-way is needed or additional improvements are installed, the applicant shall be required to relocate the structure at his expense, and in compliance with all provisions of this section. (e) Adequate off-street parking shall be provided, and oiled to meet Department of Public Works standards whenever necessary to control weed growth. (f) Prior to issuance of a business license or building permit, a one hundred dollar ($100) cash bond shall be posted with the City Treasurer to guarantee removal of temporary stands on termination of the use, and to guarantee maintenance of the property. Said bond shall be accompanied by a signed agreement which allows the City to enter upon the premises to remove the building structure if it becomes a nuisance, a hazard or is in disrepair. (g) Approval of an administrative review application shall be limited to one (1) year unless otherwise stipulated by the Zoning Administrator. (h) Request for permission to erect a sign shall be included with the application for administrative review, and any changes to be made to such sign shall be subject to approval of the Zoning Administrator. (2SS6-8/82) 9730.26 Christmas Tree and Pumpkin Sales Lots. Christmas tree and pumpkin sales lots are permitted adjacent to any arterial highway in any district as a temporary use subject to approval by the Director and compliance with the following: (a) Storage and display of trees and pumpkins shall be set back not less than ten (10) feet from the edge of the street pavement, and shall not encroach on the public right-of-way. (b) All utility poles, temporary structures, signs, trash, including any unsold trees or pumpkins, etc. shall be removed, and the site completely restored to its original condition not late than January 3 of the following year for Christmas tree sales, and November 10 of the same year for pumpkin sales. S/91 9730.26(c)--9730.30 Huntington Beach Ordinance Code (c) Temporary shelters shall be constructed according to Community Development Department standards. (d) No operation of a Christmas tree sales lots shall commence until permission has been granted by the Fire Department after an on-site inspection has been made to insure that all conditions of local and state codes are met. �(e) A minimum of ten (10) off-street parking spaces shall be provided. (f) Ingress and egress to the site shall be reviewed by the Department of Public Works to insure that no undue traffic safety hazard will be created. (g) Prior to issuance of a business license for undeveloped or unimproved sites, a five hundred dollar ($500) cash bond shall be posted with the City to insure removal of any structure, clean-up of the site upon termination of the temporary use, and to guarantee maintenance of the property. (2556-8/82) 9730.28 Trailer, Temporary Structures or Construction Offices. Trailers or temporary structures may be used on construction sites provided the use is the same as the future use of the building under construction, or is used as a construction office. (a) A temporary construction facility permit, limited to one (1) year, shall be issued for a trailer used for the same purpose as the building under construction, subject to such reasonable conditions as may be imposed by the Director. The applicant may file a written request with the Director to extend the permit for an additional one-year period. (b) Adequate off-street parking facilities shall be provided. (c) No trailer, temporary structure, or construction office shall be permitted to remain on site following completion of construction. (d) Prior to issuance of a permit, a five hundred dollar ($500) cash bond shall be posted with the City to guarantee removal of the trailer, temporary structure, or construction office. (e) No trailer, temporary structure, or construction office shall be located within twenty (20) feet of the edge of the public street pavement or encroach on a public right-of-way. (2556-8/82) 9730.30 Commercial Coaches. Commercial coaches may be allowed as an expansion of an existing use for a period not to exceed five (5) years subject to approval of a use permit by the Zoning Administrator, and provided that parking, access, setbacks, landscaping and all applicable provisions for the district where such commercial coach is to be located are met. Prior to issuance of a permit, a five hundred dollar ($500) cash bond shall be posted with the City to guarantee removal of such commercial coach. 5/91 _ ' * ' City of Huntington Beach -' Planning Commission ' ~ Attention: Susan Pierce City Hall , Huntington Beach , CA 92648 ^ SUBJECT: Open Letter in opposition to Code Amendment Number 93-5 , Assessment Number 93-20 regarding kiosk and cafe parking assessments . Dear Commissioners , As a resident of Huntington Beach , I wish to take this opportunity to go on record in opposition the recent perking assessments directed toward kiosk and cafe operators. I feel that Huntington Beach as a community that has gone on record as supporting business and enterprise should not add "any" additional parking assessments or fees to currently licensed restaurant , cafe , or kiosk operators. I know that I can rely on your sense of fairness and dedication in opposing these unfair assessments. ' Thank you for your support in this matter . Sincerely , Name 1-.................... Address Huntington Mach , California - City of Huntington Beach Planning Commission Attention: Susan Pierce ' City Hall, Huntington Beach , CA 92648 SUBJECT: Open Letter in opposition to Code Amendment Number 93-5, Assessment Number 93-20 regardirg kiosk and cafe parking assessments. Dear Commissioners, As a resident of Hunt3mgton Beach , I WiEh to take this opportunity to go on record in opposition the recent parking assessments directed towaro kiosk and cafe operators. I feel that Huntington Beach as a community that has gone on record as supporting business and enterprise should not add "any" additional parking assessments or fees to currently licensed restaurant , cafe, or kiosk ooerato's. I know that I can rely on your sense o4 +azrness and dedication in opposing these wnfair assessments. Thank you for your support in this matter . Sincerely , Name ------------------- Address / ________________ Address Huntington Beach , CaliforrLR 42 11�'� /°�.vp'^^ City of Huntington Beach Planning Commission Attention: Susan Fierce City Hall , Huntington Beach , CA 92648 SUBjE1=T: Open Letter in opposition to Code Amendment Number _-5, Assessment Number 3-20 regarding kiosk and cafe parking assessments. Dear Commissioners , As a resident of Huntington Beach , 1 with To take _h1 s opportunity __ c!�� o ef_ci � opposition the recent parking g _ _ n r r J i n _I_. _1 i r _ I t_ _:r }�.. n assessments directed toward kiosk and cafe operators. I feel that Huntington Beach as a community that has gone on record as supporting business and enterprise should not add "any" additional parking+_ assessments or fees to currently licensed restaurant , cafe, or kiosk operators. I know that A can rely on your sense of fairness and dedication in opposing these unfair assessments. Thank you: r- your support it -t in this matter . Si ncer-- l'•y . -- ----------- ----- ------ Addre'_ Huntington B ac I , California City of Huntington Beach Planning Commission Attention: Susan Pierce City Hall , Huntington Beach , CA V264c' SUMECT: Open Letter in opposition to Code Amendment Number . Assessment Number regarding E::ic_1:: and cafe parking assessments. Dear Commissioners , As a resident of Huntington Beach , 1 wish to take this opportunity to go on record in opposition�.l the recent parking assessments directed toward kiosk and cafe operators. I feel that Huntington Beach as a community that has done on record as supporting business and enterprise should not add "any" additional parking assessments or fees to currently licensed restaurant , cafe, or kiosk operators. 1 know that 1 can rely on your sense of fairness and bed i Cation in opposing these unfair assessments. Thank you for your support in this matter . Sincerely , � - Nam� --- �4 C� Addre E Huntington Beach , California QUA City of Huntington Beach Planning Commission Attention: Susan Fierce City Halls Huntington Beach , CA 92646 'SUBjECT: Open Letter- in opposition to Code Amendment Number r? 5, Assessment Number 93-20 regarding kiosk: and cafe parking assessments. - Dear- Commissioners, As a r'esi. Jaunt. of Huntington Beach , 1 wish to take this opportunity to go on record in opposition the recent parking assessments directed toward kiosk and cafe operators. 1 feel that Huntington Beach as a colmmunity that has gone on record as supporting business and enterprise should d no.i add "any" additional par-king assessments or fees to currently licensed restaurant , cafe, or kiosk operators. . i know that 1 can rr_1'` on your sense of fairness and dedication in opposing. these unfair assessments. Thank ,oI_ for ,-oI_f.r- support in _ . 'y i + lJ. i this matter. Sincerely , r06-'72 Address iH I_li!tinatoi1 Beach , California ' ^ , City of Huntington Beach , Planning Commission Attention : Susan Pierce City Hall , Huntington Beach , CA 92648 SUMECT: Open Letter in opposition to Code Amendment Number 93-5 , Assessment Number 93-20 regarding kiosk and cafe parking assessments. � Dear Commissioners , As a resident of Huntirc+on Pooch , 1 wish to take this opportunity to go on record in opposition the recent parking assessments directed toward kiosk and cafe operators. I feel that Huntington Beach as a community that has gone on record as supporting business alld enterprise should not add "any" additional parking assessments or fees to currently licensed restaurant , cafe, or kiosk operators. I know that 1 can rely on your sense of fairness and dedication in opposing these unfair assessments. Thank you for your support in this matter . Sincerely , ' — ` .. -------- Name 77 - /`/��� ------------------- ~ Address. ' Huntington Beac4 . California ' City of Huntington Beach ` Planning Commission Attention: Susan Pierce City Hall , Huntington Beach , CA 92648 SUBJECT: Open Letter in opposition to Code Amendment Number 93-5, Assessment Number 93-20 regarding kiosk and cafe parking assessments. ' Dear Commissioners, . ,As a resident of Huntington Peacn , I wish to take this opportunity to go on record in opposition the recent parking assessments directed toward kiosk and cafe operators' I feel that Huntington Beach as a community that' has gone on record as supporting business and enterprise should not add "any" additional parking assessments or fees to currently licensed restaurant , cafe , or kiosk operators. I know that } can rely on your sense of fairness and dedication in opposing these unfair assessments. Thank you for your support in this .matter . Sincerely , Pa m_____ e / --------------------- Address Huntington 5eaN . California ' ' u� .,' �w City of Huntington Beach ~^u Planning Commission ` Attention: -Susan Pierce City Hall , Huntington Beach , CA 926433 ' SUBJEC Open Letter in opposition to Code Amendment Number 93-5, Assessment Number 93-20 regarding kiosk and cafe parking assessments. De�r Commissioners , ' As a resident of Huntingt,on Beach ' I wish to take this opportunity to go on record in oppo i t i o n the recent parking assessments directed toward kiosk and cafe operators' I feel that Huntington Beach as a community that has gone on record as supporting business and enterprise should not add "any" additional parking assessments or fees to currently licensed restaurant , cafe, or kiosk operators' I know that I can rely on your sense of f-=-%.irness and dedication in opposing these unfair assessments' Thank you for your support in this matter. Sincerely , ~e 17 ------------P Address Huntin ton Beach , Cal ifornia ` � City of Huntington Beach Planning Commission �8�� Attention: Susan Pierce ^ 9 '^�� City Hall , Huntington Beach , CA 92648' �' '' ' = � SUBJECT: Open Letter in opposition to Code Amendment Number 93-5v Assessment Number 93-20 regarding kiosk and cafe parking assessments. Dear Commissioners, As a resident of Huntington Mach , I wish to take this opportunity to go on record in opposition the recent parking assessments directed toward kiosk and cafe operators. I feel that Huntington Beach as a community that has gone on record as supporting business and enterprise should not add "any" additional parking assessments or fees to currently licensed restaurant , cafe, or kiosk operators. J know that J can rely on your sense of fairness and dedication in opposing these unfair assessments. Thank you for your support in this matter. Sinc Nam __� ---_______ ___________ Adoress Huntington Beaci . California ' City of Huntington Beach Planning Commission Attention: Susan Pierce City Hall , Huntington Beach , CA 92648 � SUBJECT: Open Letter in opposition to Code Amendment Number 93-5 , Assessment Number 93-20 regarding kiosk and cafe oarking assessments. Dear Commissjoners , As a resident of Huntington Beach , I wish to take this opportunity to go on record in opposition the recent parking ' assessments directed toward kiosk and cafe operators. I feel that Huntington Beach as a community that has gone on record as supporting business and enterprise should not add "any" additional parking assessments or fees to currently licensed restaurant , cafe, or kiosk operators. I know that T can rely on your sense of fairness and dedication in opposing these unfair assessments. Thank you for your support in this matter . Sincerely . 10 r- Name //,'e��_i'/) �____ ' Address Huntington E:ez� Californ' a ` / City of Huntington Beach fir ✓ �/ Planning Commission Attention: Susan Pierce City Hall , Huntington Beach CH 92648 SUBjEC . Open Letter- in opposition to Code Amendment Number 9 -5, Assessment Number- 93-20 regarding kiosk and cafe parking assessments. - Dear Commissioners , . As a resident of Huntington Mach , 1 wish to take this opportunity ty To g;i on record i n opposition t � ent parking � __ h__ r-e�__. F ._.r-k: ng assessments directed toward ki. o'_k and safe operators. I feel that Huntington Beach as a. community that ha.=_• gone on record as supporting business and enterprise should not add "c'.liy additional parking assessments or tees to currently licensed restaurant , Cafe, or kiosk operators. I know that i can r-ely on your sense of fairness and dedication in opposing these unfair assessments. Thank you for your support 1n this matter- . Si.ncer-e1. y, MAIL BOXES ETC.- Name a.me � T -- -------�--------,-------------- ------- Addre Huntington _ a.c , California �"j7� IV City of Huntington Beach Planning Commission Attention: Susan Pierce City Hall , Huntington Beach , CA 92648 SUijECT: Open Letter in opposition to Code Amendment Number `3-j c (-i=.c.P=.,sment r`Ji_4iTber- 93-20 regar ding kiosk and cafe , parking assessments. Dear Commissioners , As a resident of Huntington Beac ! y 1 wish to take this opportunity to go on record in opposition the recent parking i^ -= menu -G'ir ected toward kiosk k. and cafe operators. i feel that Huntington Beach as _. community that has gone on record as supporting business and enterprise should not add "any" additional parking assessments or fees to currently licensed restaurant , cafe, or kiosk operators. i know that 1 can rely;. on your sense of fairness and rjedication in opposing these unfair assessments. Thank you for your support in this matter. . Si nicere j . ` .�..... ... ,--- --Name ------ Address Huntington Batch , California _ . ' - y City of Huntington Beach Planning Commission Attention: Susan Pierce City Hall , Huntington Beach , CA 92648 SUBJECT: Open Letter in opposition to Code Amendment Number 93-5, Assessment Number 93-20 regarding kiosk and cafe parking assessments. Dear Commissioners , As a resident. of Huntington Beach , I wish to take this opportunity to go on record in opposition the recent parking assessments directed toward kiosk and cafe operators. I feel that Huntington Beach as a community that has gone on record as supporting business and enterprise should not add "any" additional parking assessments or fees to currently licensed restaurant , cafe , or kiosk operators. I know that I can rely on your sense of fairness and dedication in opposing these unfair assessments. Thank you for your support in this matter . Sinc e r.a ly . IC *- 7-Name / ( Q} > y\ Address Huntington Beach , California ev"OfT103 WDEW UOSUMUnH ssajppt-I ---------- -7L- is a w e - ja4qew sjq4 ul qjoddns jnoA joy noA. jue, s4uawssasse ilefun asaqq BuTsoddo UT UoTqeDTP,i pue sspuiTef ;o asuas inoA uo Alai uen I quq; moul I -sjoqejado IsoTI jo lafeD ' quejneqsaj pasuaDTI Al4uejon--n saaf io 'squawssasse buTyied leuolqlppe Aue, pp e qou pinoqs aslidjaqua pue ssaulsnq 5ulqjodd1is se pionai uo auob seq WW AqlunwwOm e se We% uO45uTqunH Wq4 laaf 1 -sjoqejado afen pue IsoTI piemol peqoajlp s4uawssasm 5uTlied quamaj aqq uoTqTsoddo uT piomaj uo o5 oq Aqjunqjodd(:.j SM ale4 04 qSTM 1 ' We% UOQU14UM +0 4uaPTSaJ e SU 1swoolss !WWO3 Jeac -Squawssasw buTijec.'' afeD pue Isoll 8uTPje5aJ OZ-26 waqwnN luawssassV '9-W jaqwnN 4uawpuawV apo3 ol uojqTsoddo uT jaqqaq uado :I 3psns St-,-_. VO We% uO4BuT4unH ' I !eH QT3 vwvv� aniald Uesns :UOT4uaqqk...-j UOTBSTWW03 buTuuel'' qDeaa unQuOu% +0 AT-D INDEPENDENT WALKT TL1�.J1� walk cafes on public property, i'V three eateries - Amy's Bakery and Cafe, the Longboard and Nic- )ment.requiring res- cole's have obtained encroachment more than 12 seats permits, while two others - the king. Breadcrumb and Sugar Shack - i lelmuti or'restaura- have not. y the city $6,000 for "We should be charging the•pri- ial required parking vate sector for use of that public 0 per space for the space which they are making a profit off of," she said. vv--\j >ti'-c ✓' 1 �-� ans for the develop- The city's Planning Commission t ( , L ned only one restau- has delayed consideration of the v����` �t ��� -� �1 er King - with more all-inclusive cart, kiosk, sidewalk ��.� G,1. ,✓`h cafe ordinance until its Dec. 7 �J J since last year when meeting, when it will consider thr l until authorized side- sidewalk cafe issue separately. -6 -- 1v G\ -C�� kv� 1 L 4 huntington beach department of community development STA'f'f �EpOR EXECUTIVE SUMMARY November 16, 1993 CODE AMENDMENT NO. 93-5/NEGATIVE DECLARATION NO. 93-20 (Carts, Kiosks and Sidewalk Cafes) Code Amendment No. 93-5 in conjunction with Negative Declaration No. 93-20, is a request to amend the Huntington Beach Ordinance Code to establish provisions to allow and regulate outdoor uses, i .e. , carts, kiosks, and sidewalk cafes on public and private property. The provisions will be added to Article 973 , Miscellaneous Provisions, and will amend Article 922, Commercial Districts, and Article 924 , Visitor Serving Commercial, to refer the reader to Section 9730 . 88 of Article 973 . Staff recommends that the . Planning Commission approve the request because the code amendment will establish provisions to regulate outdoor uses on public and private property in the commercial areas of the City. The concept was approved by the City Council in July 1992 with direction to staff to formulate a code amendment for adoption. The provisions will provide additional commercial opportunities in the City and will be directed toward the pedestrian consumer. e 4a A-PL-FM-23D 4441h.nz.r/ 4� TO: Planning Commission FROM: Community Development DATE: November 16, 1993 SUBJECT: CODE AMENDMENT NO. 93-5/NEGATIVE DECLARATION NO.. 93-20 APPLICANT: Department of Community Services, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 93648 REOUEST: Adoption of provisions to allow and regulate outdoor uses, i .e. , carts, kiosks, and sidewalk cafes, on public or private property. LOCATION: Commercial Zones City-Wide 1 . 0 SUGGESTED ACTION: Motion to : "Approve Negative Declaration No . 93-20 and Code Amendment No. 93-5 with findings and forward to the City Council for adoption. " 2 . 0 GENERAL INFORMATION: Code Amendment No . 93-5 in conjunction with Negative Declaration No. 93-20 is a request to establish provisions to allow and regulate outdoor uses, i .e. , carts, kiosks, and sidewalk cafes, on public or private property in commercially zoned areas pursuant to use permit approval by the Zoning Administrator . The request proposes to amend Article 922, Commercial District Standards, Article 924 , Visitor Serving Commercial, and Article 973, Miscellaneous Provisions, of the Huntington Beach Ordinance Code. 3 . 0 ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development has advertised draft Negative Declaration No . 93-20 for a thirty (30) day public comment period that began on October 14 , 1993 , and closed on November 13 , 1993 . Prior to November 5, one (1) comment letter was received . The letter, from- the State Department of Transportation, and staff s response to the comments have been provided in Attachment No . 2 . Any comments received between November 5 and the closing date will receive responses and they will be distributed to the Planning Commission prior to any action on the project . The staff in its initial study of the project, has recommended that a negative declaration be issued for the project . Prior to any action on Code Amendment No . 93-5 , it is necessary for the Planning Commission to review and act on Negative Declaration No . 93-20 . 4 . 0 COASTAL STATUS : An amendment to the Huntington Beach Local Coastal Program Implementing Ordinances will be filed with the California Coastal Commission to incorporate the changes of this code amendment following adoption by the City Council . 5 . 0 REDEVELOPMENT STATUS: Not applicable. 6 . 0 SPECIFIC PLAN: Not applicable. 7 . 0 SUBDIVISION COMMITTEE: Not applicable. 8 . 0 ISSUES AND ANALYSIS: Project Description Code Amendment No . 93-5 was submitted by the Department of Community Services . The proposed ordinance includes provisions to allow and regulate outdoor uses such as carts, kiosks, and sidewalk cafes subject to use permit approval by the Zoning Administrator. Specific standards are included which will ensure that adequate pedestrian access is available, sight visibility at intersections is maintained, and motor vehicle or adjacent commercial activities are not adversely affected. Project Background In March 1992, in response to a request from downtown merchants to establish a policy, the City Council appointed a committee to develop a report outlining proposed rules and regulations for sidewalk cafes, carts/kiosks, and outdoor sales and displays within the downtown redevelopment area . The committee was comprised of five citizens, representatives from the Departments of Public Works, Community Development, Community Services, and Economic Development, and a Main Promenade, Inc . representative. This committee held several meetings, gathered community input, and extensively researched other cities ' rules and regulations pertaining to these issues (see Attachment No. 3) . A two part recommendation was presented to the City Council in July 1992 . Three of the citizen committee members recommended no carts/kiosks be permitted based on the following reasons : 1 . Carts/kiosks present unfair competition- to the merchants who have full burden costs of operating stores; 2 . A fear of lack of enforcement which might lead to expansion of the cart/kiosk areas and blocking of pedestrian access ; and 3 . It would set a precedent that might start with only a few carts/kiosks and end up with a proliferation of them in the downtown area . Staff Report - 11/16/93 -2- (7435d) Staff recommended that carts/kiosks along with sidewalk cafes and outdoor sales be permitted under certain conditions , and presented a preliminary set of rules and regulations that would allow these activities . Since that time, the preliminary rules and regulations have been reviewed numerous times by the City staff committee members . Code Amendment No . 93-5 incorporates these revisions and proposes to allow these outdoor uses in the C2, C4 and VSC commercial zones as well as the downtown area . Highlights of Proposed Ordinance 1 . Use permit approval by the Zoning Administrator will be required prior to the establishment of outdoor sales or displays that consist of sidewalk cafes, carts or kiosks . Design Review Board review and recommendation to the Zoning Administrator will be necessary in all areas of the City subject to design review. In addition, an encroachment permit and a maintenance agreement will be required for those businesses located on public property. 2 . New definitions are proposed to identify new terms applicable to the draft ordinance. These definitions will be incorporated into the Downtown Specific Plan and draft Zoning and Subdivision Ordinance (Division 9 Rewrite) if Code Amendment No . 93-5 is _ adopted by the City Council . 3 . A minimum clear width of 8 feet on the public sidewalk area must remain for pedestrian traffic. At street intersections, the area created by the extension of property lines to the curb or a triangular area formed by measuring 25 feet along curb lines will not be available for any outdoor use so that there is sufficient sight visibility for both pedestrians and motorists . 4 . Size limitations are included to regulate the. size of a kiosk or pushcart to prevent additional sidewalk congestion and allow visibility to the commercial uses on private property. 5 . Parking requirements for sidewalk cafes are proposed to be one-half that required for the on-site restaurant; no parking requirements are established for a kiosk or pushcart . Although several sidewalk cafes exist in the downtown area, only the following have been approved by the City: Amy' s Bakery, Midnight Expresso, Niccole ' s Restaurant, Niccole ' s Cafe, Pacific Cafe, and the Long Board. All of these restaurants comply with - the proposed regulations outlined in this report . Summary The operation of pushcarts or kiosks produces an income for residents when jobs are scarce, and provides a variety of retail outlets for the City. In many cases , pushcart operations serve as retail incubators and often result in the creation of small stores . An example of this is Carl ' s Jr . , which began as a hotdog cart vending business . Vendors can also provide information to visitors and an "eye-on-the-street" security. Outdoor pushcart/kiosk uses save time for workers in the Staff Report - 11/16/93 -3- (7435d) area who may purchase a quick lunch. Sidewalk cafes allow customers to enjoy a meal in the fresh air and serve as public gathering places . Sidewalk cafes also provide opportunities for Huntington Beach visitors to dine while enjoying other activities in the coastal area . 10 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No . 93-20 and Code Amendment No . 93-5 with recommended adoption by the City Council based upon the following findings : FINDINGS FOR APPROVAL: 1. Code Amendment No. 93-5 will provide additional opportunities for small vendors to sell a product in the City of Huntington Beach. 2 . Code Amendment No . 93-5 contains provisions to regulate the design and location of sidewalk cafes, pushcarts and kiosks, to ensure that these uses to not create undue congestion on public private properties , and reduce the liability of the City and surrounding property or business owners . 11 . 0 ALTERNATIVE ACTION: The Planning Commission may: 1. Amend the draft ordinance; or 2 . Deny the Draft Ordinance. ATTACHMENTS: 1. Draft Ordinance 3 . Survey 4 . Alternative Action for Denial S j,S s s Staff Report - 11/16/93 -4- (7435d) ;TELEPHONE'SURVEY NEIGHBORING.CITIES;`, CITY CARTS KIOSKS SIDEWALK CAFES FOUNTAIN N N N VALLEY LAGUNA BEACH N Y Y Subject to design Encouraged and review. given parking credits. SEAL BEACH N N N WESTMINSTER Y N N Allowed only if it is in conjunction w/a major retail center GARDEN GROVE N Y Y Requires site plan Allowed on Main St. only requires CUP COSTA MESA Y Y Y Requires CUP Same as carts CUP required. stationary carts only. Cannot be within 200 Food OK-No ft. of residential. merchandise applications reviewed by code enforcement. NEWPORT BEACH Y Y Y In Fashion Island Same as carts If parking is only. _Under "Planed sufficient CUP Community" text. required. Regulated by Fashion Island/Irvine Co. 11/05/93 C:\splp 104 PHONE SURVEY NEIGHBORING CITIES - CARTS & KIOSKS POLICIES Cities That Do Not Allow Carts & Kiosks: Fountain Valley, Laguna Beach, Seal Beach, Westminster, Anaheim, Garden Grove Cities That Do Allow Carts & Kiosks: City of Costa Mesa Requirements - Business License, $25/yearly; Police permit, $85; Health Certificate, must wear a uniform (can design their own); city inspects the carts, hot dogs and ice cream okay; no merchandise (e.g. clothing, jewelry). Code enforcement officer reviews and approves each application. Contact Business License (714) 754-5234. City of Santa Ana Requirements - Business License, Orange County Health Certificate, Police Department background investigation total fees of approximately .'$800/yearly. Must wear uniforms; 1 bell; food only; cannot sell within parks or 200 yards of schools or churches. City Council approved a cap of 200 push carts - there is a waiting list. If an owner has two carts and has one employee operating the other one, they must have workers compensation insurance. The push cart vendors have formed an association. Contact: Terry Jones in Code Enforcement, (714) 667-2780. City of Newport Beach Requirements - Only allowed at Fashion Island regulated by Fashion Island/Irvine Company. Contact (714) 644-3200. City of Long Beach Requirements - Business License, $60/quarterly. Currently restricted to promenade outside of Civic Center and downtown only. In process of modifying the 'city's ordinance to designate specific areas. City considering purchasing carts and leasing them out to vendors. Contact Steve Pinkerton in Community Development,. (714) 590-6960. City of Hermosa Beach Requirements - Stationary carts or kiosks allowed in specifically designed spots with City Council approval. City of Santa Monica Requirements - A push cart vending system has been designed and implemented within the nine blocks of downtown Santa Monica's Bayside District, and specifically on its centerpiece, Third Street Promenade. A master lease owner/operator was granted an exclusive five-year license agreement with a five-year option. (Refer to Attachment for further information). .0503r ATTACHMENT NO. 4 ALTERNATIVE FINDINGS FOR DENIAL CODE AMENDMENT NO. 93-5/ NEGATIVE DECLARATION NO. 93-20 FINDINGS FOR DENIAL - CODE AMENDMENT NO. 93-5/NEGATIVE DECLARATION NO. 93-20 : 1 . A code amendment to allow carts and kiosks will present unfair competition to the merchants who have full burden costs of operating stores and, therefore, will be detrimental to properties and business owners in the City. 2 . The code amendment does not include a maximum number of outdoor uses or displays nor a setback requirement from sensitive uses such as schools, parks, residential, or churches and, therefore, may create provisions that will allow uses incompatible with surrounding areas . 3 . The code amendment establishes provisions to allow outdoor uses and displays that may impact the orderly development of the city, prevent pedestrian access to adjacent commercial uses and create circulation problems along public sidewalks . (7435d-5) t' a . is I !" L RESIDENT I i =A � ilia FF 0 -ilii� - ^ ASSOCIATION I®I m r 'lgi o �g .... .... ggg ro!l1 1� 4' �fB ig ra 17 January 1994 Chairman Detloff and Planning Commissioners City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: AGENDA ITEM B-1 : CODE AMENDMENT NO. 93-5a AND B NEGATIVE DECLARATION NO, 93-20 (Citywide) Dear Chairman Detloff and Commissioners: On November 14, 1993, the Downtown Resident's Association submitted to you, and made a presentation to you, our suggestions and recommendations on the first draft of the Cart/Kiosk/Sidewalk Cafe Ordinance. This item was continued until the January 19th, 1994, meeting. In reviewing the Staff Report on agenda item B-1 , it is noted that the draft ordinance is now divided into two parts, namely Outdoor Dining and Carts and Kiosks. It is also noted that the draft document language remains basically the same with only minor changes being made by the committee. For that reason, I am attaching a marked-up copy of Code Amendment No. 93-5A indicating the changes requested on November 14th, which are applicable today. Thank you for your consideration. Si7cre , i• i W. Digh E terling Co-Chair Downtown Resident's Association cc: Kim Lengel City Council City Clerk DRAFT CODE AMENDMENT NO. 93-5A ORDINANCE NO. AN ORDINANCE TO PERMIT OUTDOOR DINING SECTION 1. Section 9220.1(c) of Article 922 of the Huntington Beach Ordinance Code is hereby amended to add the following: �.9220,1(C) S_ Outdoor Dining pursuant to S. 9730.88 SECTION 2. Section 9241(a) of Article 924of the Huntington Beach Ordinance Code is hereby amended to add the following: �.9241(g) S. Outdoor Dining pursuant to S. 9 73 0.88 SECTION 3. Sections 4.3.01, 4.5.01, 4.6.01, 4.7.01, 4.8.01, 4.9.01, 4.11.01, and 4.12.01 of the Downtown Specific Plan are hereby amended to add the following: Outdoor dining pursuant to Section 9730.88 of the Huntington Beach Ordinance Code. ' �7V SECTION 4. Section 9730.88 of Article 973 is hereby added to read as follows: �.57 (� s �tj �.9730.88 Outdoor Dining. Outdoor dining on publiZoc ivate ro er ay be �{ S permitted subject to use permit approval by th ningAdministrator nd compliance with this section. GV' L f- A. DEFINITIONS: (L 1. Beach Area. The ocean side of Pacific Coast Highway including the Bluff Top Park area and the Pier. 2. Bluff Top Park Area: That area of improved beach access bounded on the south by 9th Street continuing north to the dividing line of Bolsa Chica State Beach. 3. Mini-Parks: Areas under city ownership for purposes of open space, plazas, landscape buffers or public gathering. 4. Outdoor Dining: An area where a cafe/restaurant provides food service on either public right-of-way, city owned open space, or privately owned open space. page I sp A.\tiles\zands\dining 01/13/94 44a c-h m enfl �0 I� 5. Physical Obstruction. Things that affect the use of property including but not limited to light stands. trees. parking meters. trash receptacles, tragc signals. signs, benches, phone booths. newspaper stands, bus stops, driveways, pedestrian ramps, etc. 6. Pier: The structure owned by the ciry that extends from the termination of' 1llain Street at Pacific Coast Hightit av into the Pacific Ocean 1966 feet. Pier Plaza: The area adjacent and contiguous to the pier. 8. Privately Owned Open Space: That area under private ownership that is designated by a specific plan as required open space, required by condition of approval. or required setback. 9. Public Right-of-Wav: That property dedicated through acquisition or easement for the public right-of-wav which includes the area spanning from the external side of the sidewalk on one side of a street to the external side of the sidewalk on the other side of a street. B. LOCATIOA—AND DESIGN CRITEM: Outdoor dining shall conform to the folloul-ing: 1. The outdoor dining shall be an extension of an existing or proposed eating or, drinking establishment on contiguous property. PV�L�Gsr" Outdoor dining located on th=sidewalk =ofpublic right-of-wa} Shall S�` be limited to commercial areas within the Downtown Specific Plan. I' Lf G 40PG� DEc oR.Poo 3. Otrtdoa dining located on th siae�t-alk areu of t ublic right-of-titialshall provide a minimum Voot clear passage area jor pedestrian access. /f 4. A minimum 10 fbot wide pedestrian walkway shall be provided when located r in a mini-park, public plaza or beach area. )V(7 IPOR'Llc QIuq7:0E-AA.V AICT /nICI-OWD Aeez V 5. Outdoor dining located on public properry shall be separated from the clear .passage area on the public sidewalk and/or pedestrian walkway by a / temDorary cot dam AW eAj IAJ ass— of- REMo✓EA Av&eIV /IrOT 1/� 6. At street intersections, the triangular area.formed by measuring 25 feet along the curb lines or the urea formed by the extension of the property lines to the curb lines, whichever is more restrictive, shall be clear passage area. ,r A. ilks.zandskdinina ')1i11/()4 C. FACTORS TO CONSIDE Zonin Administrator hall consi r the following factors regarding the loc ion and the design o t e outdoor ng: 1. The width of the sidewal wiTlf oCA 9j9Ss19 Ge /OZ /`•�'� t`'���-1 C 2. The proximity and location of building entrances; 3. Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches,phone booths, newsstands and utilities; 4. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones, taxi stands, hotel zones, or passenger loading; 3. Pedestrian traffic volumes; and 6. Handicapped accessibility. D. OPERA TING REO UIREMENTS; PRD✓;61 O NS -4-00'"LL t 7-/U N S tit� usE FEES I. A.license agreementjshall be obtained from the Citvfor outdoor dining located-on public propStJ The license agreement shall be subject to l � termination at any time u 10 day prior written notice upon determination 0 LPG �� lv .Q G, o th onin mrnistrator t at one or more of the conditions r provisions o� ulQE11�"' 81. G i of this section have been violated. Termination of a license agreement shall ' nufi the use permit. ?. The applicant shall enter into a :Maintenance.4greement with the City for maintenance of all portions of the public property used and approved by the page 3 sp A diles\z ds\dining 01/13/94 �HNNING Cc M SS10�/. Zoning idrninistrator for the oaEtdoor dining. Said agreement shall he sutimuted to and approved by e Department of Public 1f"orks prior to e-ommi ncement of the-tzSe. 3. .411 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. 4. An outdoor dining operator shall not sell to motorists or persons in vehicles. pge- 3. The applicant (or operator) shall, uv all fees and deposits required by the Huntington Beach Municipal Code and Ordinance Code, ANC Of0#MTo L. M9VE PERmi73' R 09/Zt9RuF y-Af7'40 iN CoA1T1CtJout BuSiNes-� 6. A11 provisions of the Huntington Beach Municipal Code shall apply. �Ec.ETt 7, No alc hol beverages may be served on public property xcept as approved by ����'j� the City. �,�►► 8. The use permit mati e transferred upon sale or transfer of the restaurant, L t a written request approved by the Zoning Administrator and therty owner. .4n amendment to the license agreement, if applicable, willuired prior to transfer of the use permit. F. PARKIAG: Parking for outdoor dining lnnlrilatl p((�94/shall be provided on- site at IL'1111 Jle ratio required by Article 960 for the restaurant building. � tro allarkin shall be rlquirld forlutdool dininlon ptfblic prglerty. SECTION 4. Enforcement hereof shall be by the Community Development Director or his/her designated agent. SECTION 5. ,-env existing outdoor dinin lished without prior use permit approval shall obtain a use per e t a d if applicable, a . cense agreement within 90 days following the effective date of this o C inlG �E �C� � �y L S ,. I C L I WI7W ONE SE 7- -7-0 i Fob flGL P- S OLI nlcs,zands.dinine I 13,9J "?5 1 C175 ADIJ I-EV 1,EF'T P 0 5 --'-\7omorrow .......... Box 665 Huntington Reach CA 92648 714 536--4) 81. January 18 1993 Huntington Beach Planning Cori-imission 2000 Main Street Huntington Beach , CA 92648 Dear Chairwoman Detloff and Commissioners: Huntington Beach Tomorrow w i I-.S t.o a;U b m j.t. the following comments for yoOT ccmsi der 6t.ion with regard to Code A rri e n dri-i e n t 95-5A a.n d N o g a t 1 v a D o c I a r,,t.i o r, N o . 9'i-2 0 which will come before YOU tomorrow as part. of Agenda Item E3--1 . We wish to thank the Cofnmj ,,7sion for cont.inu.ino this item . f r o n-1 your November meeting to provide consideration of the Pub] ic comments made at that meeting . We also wish to thank the Commission Subcommittee for its work and time spent revising the previous version of the ordinance . Although the ordinance has been improved , we believe. further improvement must still be made , if it. is to accompl.i.sh i t,s purpose , i .a . provide an orderly process for outdoor dining and other outdoor sales in the. city . we have one. - comment and question about the CEQA process . 1 . Negative Declaration 93-20 Staff Report Staff is recommending approval of Negative Declaration 93-20 as part of the recori*imended acti�.)n ( page 2 , 3 ..0 Recori-imenda.tion ) . it was our understanding that this negative declaration applied to the whole ordinance , not just 95-5A . If this is correct. , how can j.1- be approved or is- it even wise- to apptovc i.t. anti the whol ordinance has been considered'., 2 . Ordinance 93--5A ( Attachri'ient 91. Since there has been Sorrie. CIU(-Stdoll in this regard , we Wish 'to reempha ize out- position that outdoor dini.r),) in appropriate areas in this city , e .g . the downtown area , provides a. desirable and attractive ambience and !L5hOLJ1d be encouraged , again , where it it is aPrropriato and at an appropriate level. . We also wish to See an ordinance for' out-door dining adopted at. as early a time as possible so that ( 1 ) there wi, J ]. rio I Origer J-)ee piecemeal addi t ion of facilities may TICt to tj-)Ci co-diri;-;trice. as later adopted , ( 2 ) so that t F,�-r e will be an oi-deo- ly process: ill P J a C"C' for conditioning and corit.r o) 1 i rc; t his L'i-SO and ( 3 ) so t hat: there. 14i 11. i l = F4 54 a 14 It _ PD DE'.J DEFT F. 0 be. a level.. P).ayi ng field for �,11 applicants . We offer t.}lo followincr ca�mmeIIt. ; e�rrd req�jc-st the f of lowing Cha es because we bel.ir_.ve. they are in the best int.c'rk�-;ts of community as a whole . a We Corrtinuea' to request: "7arljng AdaainistrElt.or e< .g . Page 1 , Section 4 , throughout this ordinaric.e be changed to "Planning Commission" . WE: believe , as we have indicated F.>reviously , ( 1 ) that. outdoor dining is arl imr.)act on open sr?ace , whether it be F:>ublic: or private , ( 2 ) th&t. it. is a E:;igrrific art t. modific.tit.ion of a use Permit which is the responsibility of the N.a.nning Commission a rid ( 3 ) th t the gencral Publ is ouc)ht i r, t hi c:i ty ought, to be noticed and have t.tne• opportunity to be involved in any use of open spaC.e ,- especially the public 's. open space . This; sort of decision ought not. , therefore , he left t.o a.n administrative decision made when much of thE: Public: can not be involved , b . Page 2 , B . Location and Des:iyn Criteria. ( 1 ) Items 2 & 3: l,le recqu.est t.ha.t "sidewalk area. of t.he " he deleted and "or in public open space areas" be, added after "public right-of-way" . We believe the use of public open space needs to be consistently spelled out and consider-ed in this ordinance , if the public 's intere:A. is to be protected . ( 2 ) Item 4 : We request , as Previ.oUs1 y , that the wa.1.kway be a minirrrum of 15 feet . When sidewalks are crowded , as they are at times during the summer and are anticipated as being throughout the year , 10 feet is hardly room for two people , especially with packages , et.c . , or a couple to pass without bumping into one another . Such a small. walkway also reduces the openness of an area . ( 3 ) We request that an item si rid lar to item 4 be i ncIude.d for public-right--of--way for the same. reasons as given in ( 2 ) . Such clearance, is even more important in the latter areas . ( 4 ) Item 5 : A temporary cordon is a good addition to the o r d 1 na.n(:,e , which has not a;::,poared before . We. request , however , that a. provisiol'r be added that. the cordon be. used only when the area is in use and be reri,oved when the area i-, not in use . Removal will ros tore the c1F:+c rI ;ep£tice. use of the Brea, s•ornet.hin9 which is and will be an addition amenity for the public using a.ri area . c: , . PagC 3 , C . FaC:t.GT S to Corsi del- 2 We request substitution of "Planni. ng Commission" for "Zoning Ad(r7il1iS,t.i ,9tGr- " , as F>reviouS.ly indicated ( 2 ) For the reascrr ; indicated abovo and espec,jaI ) y for thc� Prot.cct .on of pvbl i.c wal k,,j&y,s end oxen space &'r c-as' WE'. 1,equE;5t that a provision requiririg cuTlc;ideratioln of frc.c. passage, for rE'(iE'St a- i Ei its' c nd the public Lie adc-)ed ate,; a `:e•par at e i teal or gadded 5 1 C-,--5 to iterri S - .d . Pages 3 and 4 , 1) . Operating Requireffierits WC! 1'0 q LI OS t. that the title of this section Ise changed 1.0 "Oper at i rig Rea'uil-enlel'it.R , arid Condit.jonz, " :;C) t.ha t. it. will be clear t ha t the sec,t i o!) includes Pr ov i-,5 0 T-I's a.lid conditions as well as requii*emeiits, diid to that. the t.cT mi nology will be consistent with item I of the SOCti011 ( 2 ) 1 t e n)I It. s h()u I d b el -;IP e-I ) V d C)L)t }Acres �<o t h a t it. is brought i tntrje.d i a t o I y to an attention of an aPPI 11(.al-it that. t,h EI applicant. will not only be executi ncj a I ice.V)SC (tE:ni('-tit for use of PLIbI i C right-of--way and open Space but that there Wi I ) h(4 fees . and rT-i a i n t e na n c e involved in e;Uch a Li'se . We reque.=.-t th-at t he f ir st. sentence be changed to read "A license agree-ment, which will inclUdo use fees and rriairiteT)BrlCC-- , Shall V)t,, executed with the. City pr jor to use for oul-doc)i, di nine locat(.�d on public property including shared P-ubli.r- and private proporty" . Especially since public property is involved here we also request Fubst i tution of "Planning C o ri-t rfi 5 s s i on for "'zoning Administrator " here for indicated previously . ( 3) Item 2 , As above , we request. that. "Planning Corrifilissioll" be substituted for "Zoning Administrator " on the top of page 4 . ( 4 ) Item 5: So that the procedure is clear , we request that. the word "Pay " be changed to "prepay" and "prior to use" be added to this item . (,5 ) Item7 : We have already made , and wish to reiterate , the case for alcohol being keep off the streets and indoors in Huntington Beach , a case which we believe has broad support in this city , especially among the general public and farrdlies, using downtown neighbors of establishments where alcohol is served and the police , who must deal with the problems generated . 14'e reque,;A. that that the following be substituted for the current item'. .,No alcoholic t-.)everages may be served ill outdoor dining areas . " . ( 6 ) Item 8" We request that a a condition be added to this i ten) that the use Pei-mit May only be transferred on sale or transfer only if the use remains exactly the saryie and you .iye assured that a review of the new owner or transferee i�, not somethirlcj the city wants or needs to have control Of . It would also seerii that a review -oll the license agreer,,)ent. - would be rfi a ri d a t o T-y when the licei-isee c:haric)cs end would r))-c)v i d e the possibility of - a review (.,'I the financial considerations which would be in the i n t e r(-,-i t of all parties i-nvol ved . " If applicable" would inappropriate, but. removal WOUld Seem to in the L>c--jt interests of the city , if not ii-i the interests. of the C.C1 I-)s e e. as w e I I . Page. 4 , F . I)arkiroz-:1 We do I-IC)t S e e W hy out CIC)C)I- 6 11 i 119 =;hc>-.j I d 1-eq,,,i T-e I c;`%s rEi)- k i nq t ha TI 7 1 4 [-Eii I-EFT F C, i ridoor di ri 1 rig We -f eque-st t hs;t, t he par ki rig r C'qu i r orno nt L,e the same as for indoor dining . Fairness to other IDU S i I-ie-E,e s, would seem to require equivalency as i-,el I . We also request that the last. sentence in this section dealing with no par ki rig b C.i T)9 Y C C-1 L I i Y C---2 f C,T 0 L)t.(3()C)r dining an public property be deleted . Ce r t a i y jda r k i rig is necessary for this use . This is an expected ,iorrrial experi�';e for a business which uses an area and it does not seem reasonable that the, businesses involved would not havoE-! to sl,JP�AY parking for this USEf 6S I,)e 11. . If the business use does riot. prc)vide the parking the PL1bliC! will. have to do so at its CA41-1 C;,X.-)C-! a Ild t hC--1 E' Wi 11 bC! further i MI fl&C:t on and unfairness to other bu ines,sec, which have to provide parking . f P a 9 e 4 SeC t.i 0 Ti S WE! I-eCILICSt. urid i f a v)p I i c a b I e be deleted . All use of Public property and shared pu ID I i c-pr i va to property to be added) to k,hi c.-h this section applies should be-. required to execute the license acireerrient indicated in D . 1 . . To do otherwise will give one. bus..iness an advantage over another and deny the public a return on the use of their space . The city can not afford the loss of this revenue to the city , especially in these economically difficult tiM,C-S . The following are some it-ems which we rioted j,r) our November letter to you and have not been dealt in this ordinance . We would request that you consider these further in your discussion . 1 . There apparently is no limitation to the number of outdoor dining areas iri a. given area . if these areas becarne too dense in a- given area , especially in the downtown area , they might negatively affect the attractiveness of such areas and the general area with which they are associated . 2 . Some consideration needs to he given to the length of time that will be invo3ved in use of public property without. a review of the continued t<uitability of this use of public. property . The license agreement will have to include a time period over which the agreement exterids . W e request that the ordinance include a t-Sm.e limitation before renewal must be considered, and that, the renewal Process. will include 'L h C..' opportu.nity for PUIDIiC iriput- L-)-fo) c-., the agreement is renewed or extended . j . No sr Ji t.e plan is as part of or d j n a ri c:e for application. for t h e u S e P 0 r n-I i t a n d no e p a.r ,-,t i 0 n b e t w e e 1-1 -,en incILJCIC-�d .; Y) thj C-��z Y i tables has b(- .') Ecd ordi nano; - request. that both be - i lulled i ii the! ordinance and required a!F; r-)a r t of the. application , �;i7ic.c- they bea-,- very materially on t h e suitat.)ility of the e. e U I a r I Y 0 1-1 public P)1,C)F,er t y 4 . If outdoor diiiinV. will 1c,c:&tc-d c)tj property owned publicly and privately in c orim on , t hi=- Ll!=-,e should bo S�Ubject I-o t.h o s a ri;e r e q u i r e,ii-,e n t.Li , ::C)n.--!i t "L on S. a 1-1 C3 p I-")V i S 10 1-1 S a S t which apply to pubj is propt-r':"Y - 5 . Privately owned public: BTe';3!, ri(!cd to be denit with to tho extent that thic, �,: cc!ss i,--ill iiot impaired by this Lj C-1 PPPP' 52 M 7 i 4 ';:?5 1 C1 71 5 AE.,U [,E1.) E-EPT P. C1 I 3 . Ordinance 93-gib We support postponing further corisidc.,)'atiori of this part of the ordinance until the subc:orrirriittee is corrifortdblu with rna k i rig a final recomrrienclation to the full Corrifi,ii--sion . Thank you. for taking the time to review these )^oquests , comments , and Again , vie ear sorry that they are suppl i ed to you on such a. short term basis , but wo often do riot get the fina'I inforriiatiorn until a rel.atively short time before a meeting . In closirio , we wish to rciterat.e the fact that. we a r e very a T1x i C)US to have a good or di ria rice cover i rig a I ) c)ut.cloor sa I es a rid service in place. . Wit.h a Qood , corriplet.e. ordinance in placo t.h e c:i t.1.ze ris we will avoid the potential negative effects associated with the piecernealing of these uses . Thank you for your coritinuinq hard work on behalf of tho citizens of this city . Sincerely , Bob Winchell President , for the Board of Directors and members of Huntington Beach Tomorrow POS TO 2!�brand ax transmittal memo 476�jf*o�f pages From 0 0/9 ------------- CO. C/— Co7- Dept F1'x 0- 711Ar ATTACHMENT NO. ALTERNATIVE FINDINGS FOR DENIAL CODE AMENDMENT NO. 93-5A/ NEGATIVE DECLARATION NO. 93-20 FINDINGS FOR DENIAL - CODE AMENDMENT NO. 93-5A/NEGATIVE DECLARATION NO. 93-20: 1. The code amendment does not include a maximum number of outdoor dining uses nor a setback requirement from sensitive uses such as schools, parks, residential, or churches and, therefore, may create provisions that will allow uses incompatible with surrounding areas. 2. The code amendment establishes provisions to allow outdoor dining uses that may impact the orderly development of the city, prevent pedestrian access to adjacent commercial uses, and create circulation problems along public sidewalks. / N RECEIVEDAAND MADE A PART OF THE RECORD AT UU a/ MEETING ITEM NO. 1D-/ OFFICE OF THE CITY CLERK CONNIE BROCKWAY CODE AMENDMENT NOm - 93 SA OUTDOOR DINING" CODE AMENDMENT NO . 93 =5A HISTORY ■ In March 1992 , the City Council appoints a committee to develop a report outlining proposed rules and regulations for sidewalk cafes , carts/kiosks , and outdoor sales and displays within the downtown area . HISTORY continued ■ Committee. membership 5 citizens from downtown area Public -'Works Dept ., representative Community Services Dept. representative Community- Development Dept.- rep . Main Promenade , Inc. representative HISTORY continued ■ In July 1992 , committee reports to City Council . ■ 3 citizen committee members recommend no carts/kiosk uses . ■ Staff representatives prepare draft regulations to allow outdoor uses subject to specific criteria . HI STORY - continued ■ City staff continue to finalize draft regulations during 1992- 1993 ■ Community Services files Code Amendment No . 93-. 5/Ne' gative Declaration No .- 93-20 on September 23 , 1993 ■ Planning Commission . holds public hearing on November 16 , 1993 HISTORY continued ■ 22 persons speak at public hearing ■ Planning Commission appoints Subcommittee' Commissioner Phil In' glee- Commissioner Susan Newman Commissioner Gary Gorman ■ Subcommittee recommends separation of draft ordinance into 2 parts outdoor dining carts/kiosks HISTORY continued ■ Subcommittee meets and prepares recommendation to Planning Commission, ■ Code Amendment No . 93-5 : split into' 2 parts '- A & B ■ On January 19 , 1994 , Planning Commission approves Code Amendment. No. 93-5A, Outdoor Dining , as drafted ■ Code Amendment No . 93-513 , Carts/Kiosks , is still being reviewed by Planning Commission MAJOR ISSUES . ■ PARKING ■ HEARING PROCESS ■ ALCOHOLIC BEVERAGE SALES ■ TRANSFER OF USE PERMIT ■ TABLE SEPARATION ■ SIDEWALK WIDTH ■ GRANDFATHERING OUTDOORDINING ISSUES ISSUE PUBLIC P.C. ACTION STAFF COMMENTS RECOMM. PARKING onsite SAME AS 1 /2 RATIO CONCUR. RESTAURANT FOR WITH RESTAURANT PC offsite SAME AS CONCUR RESTAURANT 0; WITH WITH LICENSE FEE PC HEARING CUP/ UP/ UP/ PROCESS/ PLANNING ZONING ZONING REVIEW BODY COMMISSION ADMIN. ADMIN. OUTDOOR . DININGISSUES continued ISSUE . PUBLIC P.C. ACTION STAFF COMMENTS RECOMM ALCOHOLIC DISALLOW ALLOWED CONCUR BEVERAGE ONLY WHEN WITH PC SALES APPROVED BY CITY TRANSFER OF NOT PERMITTED PERMITTED USE PERMIT PERMITTED; TO NEW REQUIRE OWNER OF NEW SAME ENTITLEMENT RESTAURANT OUTDOOR DINING ISSUES continued ISSUE PUBLIC P.C: ACTI STAFF COMMENTS RECOMM. TABLE 6 FEET NONE;REGU- NONE;REGU- SEPARATION LATED BY LATED BY DESIGNATED DESIGNATED SPACE SPACE PUBLIC 10 FEET 8 FEET 8 FEET SIDEWALK CLEARANCE GRAND- YES NO NO FATHERING EXISTING OUTDOOR DINING USES HEARING PR OCESS COMPARISON hearing body ZA PC application use permit conditional use permit f� $3201 . $ 1700 ' processing time 4-6 weeks 12-16 weeks CODE AMENDMENT . NON 93 5A . 0 UTDOOR DINING RECEIVED AND MADE A PART/1 OF THE RECORD AT 3/ , /9 MEETING T ITEM NO. D- I OFFICE OF THE CITY CLERK CONNIE BROCKWAY CODE AMENDMENT NO .' 93 =5A HISTORY ■ In March 1992 , the City Council appoints a committee to develop a report outlining proposed rules and regulations for sidewalk cafes , carts/kiosks , and outdoor sales and displays within -the downtown area . HISTORY continued ■ Committee memb ership 5 citizens from downtown area Public Works Dept. representative Community Services Dept. representative Community Development Dept. rep . Main Promenade , Inc. representative HISTORY continued ■ In July 1992 , committee reports to City Council . ■ 3 citizen committee members recommend no carts/kiosk uses . ■ Staff representatives prepare draft regulations to allow outdoor uses subject to specific criteria . HISTORY continued - w City staff continue to finalize . draft regulations during 1992- 1993 ■ Community Services files Code Amendment No . 93-5/Negative Declaration No . 93-20 on September 23 , 1993 ■ Planning Commission holds public hearing on November 16 , 1993 HISTORY - continued ■ 22 persons - speak at public hearing ■ Planning Commission - appoints Subcommittee Commissioner Phil Inglee Commissioner Susan Newman Commissioner Gary Gorman ■ Subcommittee recommends separation of draft ordinance into 2 parts outdoor dining carts/kiosks HISTORY continued ■ Subcommittee meets and prepares recommendation to Planning Commission ■ Code Amendment No . 93-5 split into 2 parts - A & B ■ On January .191 1994, Planning Commission approves Code Amendment No. 93-5A, Outdoor Dining , as drafted ■ Code Amendment No. 93-5B , Carts/Kiosks , is still being reviewed by Planning Commission MAJOR ISSUES ■ PARKING ■ HEARING PROCESS ■ ALCOHOLIC BEVERAGE SALES ■ TRANSFER OF USE PERMIT ■ TABLE SEPARATION ■ SIDEWALK WIDTH ■ GRANDFATHERING OUTDOOR DINING ISSUES ISSUE PUBLIC - P.C. ACTION STAFF COMMENTS RECOMM. PARKING onsite SAME AS 1/2 RATIO CONCUR RESTAURANT FOR WITH RESTAURANT PC offsite SAME AS CONCUR RESTAURANT 0; WITH WITH LICENSE FEE PC HEARING CUP/ UP/ UP/ PROCESS/ PLANNING ZONING ZONING REVIEW BODY COMMISSION ADMIN. ADMIN. OUTDOOR DINING ISSUES continued ISSUE PUBLIC P.C. ACTION STAFF COMMENTS RECOMM ALCOHOLIC DISALLOW ALLOWED CONCUR BEVERAGE ONLY WHEN WITH PC SALES APPROVED BY CITY TRANSFER OF NOT PERMITTED PERMITTED USE PERMIT PERMITTED; TO NEW REQUIRE OWNER OF NEW SAME ENTITLEMENT RESTAURANT OUTDOOR, DINING ISSUES continued ISSUE PUBLIC P.C. ACTI STAF COMMENTS RECOMM. TABLE 6 FEET NONE;REGU- NONE;REGU- SEPARATION LATED BY LATED BY DESIGNATED DESIGNATED SPACE SPACE PUBLIC 10 FEET 8 FEET 8 FEET SIDEWALK CLEARANCE GRAND- YES NO NO FATHERING EXISTING OUTDOOR DINING USES HEARING PROCESS .COMPARISON hearing body[ ZA PC application use permit conditional use permit fie $320 ' $1700 processing time , 4-6 weeks 12-16 weeks RECEIVED CI{'f CLERK CITY 4f N13NTINGTO 4 =r.CH,C; 11F. RESPONSE TO COMMENTS MH Z 03 i CODE AMENDMENT NO. 95-5A The following responses have been prepared by the Community Development Department regarding a letter from Huntington Beach Tomorrow dated February 19, 1993, and received by fax February 22, 1994, relative to Code Amendment No. 95-5A: Comment 1• We request, if possible, that you modify the negative declaration to include only Code Amendment No. 93-5A and require a separate negative declaration to accompany Code Amendment No. 93-513 when it comes before you for consideration. Response: Negative Declaration No. 93-20 was prepared in accordance with CEQA and approved by the Planning Commission for the originally combined ordinance. It analyzed potential impacts of amending the code to develop specific provisions for outdoor dining uses, and carts/kiosks. The negative declaration was advertised and made available for public comment before and during the Planning Commission hearing process. Separation of the environmental assessment into two (2) documents will duplicate responses and lengthen the public hearing process. Comment 2• We support this recommendation(recommendation "B" of RCA dated February 22, 1994) when Code Amendment No. 93-5A has been adopted and request that this fee schedule be approved by the City Council before the schedule is implemented. Response: Establishment of a license agreement fee requires a study to determine the appropriate fee, a public hearing and a 60 day waiting period prior to becoming effective. If the Council determines a license agreement fee is appropriate, the City Council may postpone the effective date of Ordinance No. 3232 (Outdoor Dining). Comment 3• We request that the same full parking requirement applied to indoor dining also be applied outdoor dining. We do not see why the same requirements would not be applied. f 3/1/94 1 (k1062) Response: The Planning Commission subcommittee appointed to review the draft ordinance considered this request by Huntington Beach Tomorrow and did not agree. The Planning Commission during the public hearing process also heard the same testimony and felt that the parking ratio should be lower. (See page 1 of Planning Commission staff report dated december 7, 1993.) Comment 4• We request that the full parking requirement be applied to outdoor dining on public property. Response: The Planning Commission subcommittee appointed to review the draft ordinance and public comments recommended a license agreement fee be assessed rather than requiring parking that may be satisfied by payment of an in-lieu parking fee. The license agreement fee could vary depending on the actual location of the outdoor dining area, i.e., Main Street, Fifth Street, Pecan and Sixth. Comment 5• We request "Zoning Administrator" throughout this ordinance be changed to "Planning Commission". Response: The Planning Commission considered this comment. They determined that the Zoning Administrator process was less costly and took less time which was more advantageous to businesses. The Zoning Administration process does include a public notification process. In addition, the Planning Commission has requested that the Community Development Department evaluate the possibility of evening Zoning Administrator meetings. Staff is currently investigating this option. Comment 6• We request,therefore, that where this use may impact public space, including but not limited to public right-of-way and city owned open space, the spacing between the nearest edges of tables be six (6) feet. Response: The Planning Commission and subcommittee previously evaluated this comment and did not include separation between tables. They determined that it was better to let the individual businesses determine separation requirements, and, if necessary, evaluate table layout at the project specific level rather than creating a code requirement that might need variances in the future. 3/1/94 2 (k1062) Comment 7• We request that Item (a) 3. a definition of mini-parks which appeared in the document approved by the Planning Commission, which has been omitted in the present document, be reinserted in the document. Response: This definition of mini-parks was inadvertently omitted from the ordinance but included in the legislative draft. The City Attorney's Office has been requested to re-insert this definition. Comment 8• We request that the public right-of-way be defined as the "the area from the private property line on one side of the street to the private property line on the other side of the street" or the equivalent. Response: The proposed ordinance definition may present some confusion. Substitution of the word "interior" may replace "external" is more appropriate. Comment 9• We request that "sidewalk area of the" be deleted and "or in public open space areas" be added after "public right-of-way". Response: This change would preclude outdoor dining use on any other property owned or controlled by the City in any other area of the City, i.e., Huntington Harbour Yacht Club which is located on city- owned property. Comment 10• We request that the pedestrian walkway be a minimum of 10 feet wide. Response: The Planning Commission previously considered this comment. The proposed ordinance will continue to require eight (8) foot wide sidewalk clearance which is the predominant width downtown. 3/1/94 3 (k1062) Comment 11: We request a minimum of 15 feet in public open space areas, e.g., mini-parks, public plazas, beach areas. Response: The Planning Commission previously considered this comment. A condition of approval by the Zoning Administrator can require a greater walkway width based on the proposed site. Comment 12• We request that a provision be added that the cordon be removed when the area is not in use. Response: No objection to this recommendation. Comment 13: We request that "No alcoholic beverages shall be served in outdoor dining areas. Response: The Planning Commission considered this comment. The word "Council" may be added to require City Council approval when alcoholic beverages are served on public property, for example during special events. Comment 14• We request that a review of the outdoor dining use permit be conducted when the restaurant use permit is transferred or sold or the equivalent be added to the license agreement with the city. Response: Land use law has determined that use permits may be transferred without city approval. License agreements, however, must be amended to reflect the new licensee. The Zoning Administrator may impose a condition of approval on the use permit to require annual reviews. Comment 15: We request the "where public property is involved" be substituted for "if applicable". Response• No objection to this recommendation. 3/1/94 4 (k1062) Comment 16• There is no Part N included in this ordinance. Response: This is an alphabetical list. There are no uses that begin with the letter "N". Comment 17: There apparently is no limitation to the number of outdoor dining areas in a given area. If these areas became too dense in a given area, especially in the downtown area, they might negatively affect the attractiveness of such areas and the general area with which they are associated. Response: Existing conditions will limit the establishment of outdoor dining uses. There are few areas of the public right-of-way that will accommodate outdoor dining. Also, private property use for outdoor dining is limited because many of the existing buildings are constructed along the setback lines. Comment 18: Some consideration needs to be given to the length of time that will be involved in use of public property without a review of the continued suitability of this use of public property. The license agreement will have to include a time period over which the agreement extends. We request that the ordinance include a time limitation before renewal must be considered and that the renewal process will include the opportunity for public input before the agreement is renewed or extended. Response: See Response to Comment 14. Comment 19: No site plan is required as part of ordinance for application for the use permit and no separation between tables has been included in this revised ordinance. We request hat both be included in the ordinance and required as part of the application, since they bear very materially on the suitability of the use,particularly on public property. Response: All applications for zoning and planning entitlement require submittal of fully dimensioned site plans and floor plans. No change to the ordinance is necessary. See also Response to Comment 6. 3/1/94 5 (M062) Comment 20: If outdoor dining will be located on property owned publicly and privately in common, this use should be subject to the same requirements, conditions and provisions as those which apply to public property. Response: The code applies to use of both private and public property. Any outdoor dining operator using public and private property must comply with the requirements applicable to ownership of the property. The Zoning Administrator may impose more restrictive conditions of approval. Comment 21: Privately owned public access areas need to be dealt with to the extent that this access will not be impaired by this use. Response: Section 9730.88(c), Factors to Consider, includes a listing of factors regarding location and design of the outdoor dining. This listing includes review of the outdoor dining in relation to the proximity and location of the building's entrances. 3/1/94 6 (M062) f � Hunting n Bea,oh omorrow Box 865 Huntington BeactL CA 9264E ( 714 ) 536-4183. February 19 , 1993 Mayor Moulton-Patterson and Council.inembers City of Huntington Beach 2000 Main Street Huntington Beach , CA 92648 Dear Mayor Moulton-Patterson and Councilmetnbers : HuntIngton Beach .Tomorrow has been following the development of an outdoor sales ordinance , including outdoor dining , carts and kiosks for approximately at least 5 months . Over that ti.trio we have communicated with staff and , inoi•e recently with the planning Commission as various versions of the ordinance went through the evaluation process . We wishes to submit the following , comments for your consideration with regard to Item D- 4 of the city Council,/Redevelopment Agency Meeting of the HUratington reach City Council , February 22 . 1994 : Negative Declaration No . 93-20 tanrl Code Amendment 95-5A both of which will come before you tomorrow as Dart of Agenda Item B•-1 . Since there has been some question raised in this regard , we wish to reemphasize our position that outdoor dining in appropriate areas in this otty , e .g . the downtown area , provides a desirable and attractive ambience and should be encouraged , again , where it it is appropriate and at an appropriate level . We yl.so wish to see an ordinance for outdoor dining arloptad At: as early a time as possible so that ( 1 ) there will. no longer be piecemeal addition of facilities may not conform to the ordinance as later adopted , ( 2 ) so that there will be an orderly process in place for conditioning and controlling this use and ( 3 ) so that. there will. be a level Playing field for all applicants . , We offer the following comments and request, the following changes because we believe they will strengthen the ordinance and are in the best interests of community as a whole . Although this part of , a general outdoor sales ordinance has been improved since the time of its first, introduction , we beliove further improvement must still be made , if it. is to acrompl. i.sh its purpose , i .e . to Pi an orderly process for outdoor dining and other outdoor sales in the city . We also believe that the CEQA process needs to be modified . 8 EQQMM�b Aj.jQE i f2t:R, Ocommendation A. P ha1 Y-91L MPSLUX th§L nuative dA21ALft_UQJ1 LnZwoe on),4 ia=�5A alLd req 1-r-a a gmep-nati n2ni-tiv-9 des-_,�t oil OLOIRa_Up r, wlj�ftp_ it Qome-s befor!2�3- you 1'h3s negative declaration applies to the whole ordinance , not just 95-SA . We question whether it conforms with the letter and intent of CEQA *ar)d do not believe it is good practice , in any case , to approve the negative declaration for- an ordinance (or any document ) , only part of which you have seen . Our request is in accordance with our desire to have a good outdoor dining ordinance in place as soon as possible . if it is not possible to modify the negative declaration as indicated , wo request the you pristp(.-ine approval of 93-5A until a negative declaration Particular to 93-5A has been presented to you . ---.Recommendation B . w-9- ku2qrl tWa r_@P_=aP�UgD. LqL-)om Ordiagoce 22zEA. laga-a be� adop-t&-d and r_g!awe_P_t_ thtt L_hla fgLe-- 5,_Qbffdu1_t b.p,- �.Qy_ed by- LbA City- Cg.LWP_Ul b&f-axe %i_c�_O iA IMP frog, ted , ---item 1 . kA UPU§s tb-8-t thP- §aMO f-W-U 2AI_�"n r?,quiremat, aPPJJ_eA LQ Indogr dinlnq p15 die _9QL dA a ed pL q pAyLe reguiremeDtg WAuar -_pp JJ_ g_U if the downtown is successful as projected , both inside and outside dining , areas may be fully occupied in which case the parking is clearly needed . others are having to provide' parking as -required by the standards , Why should dining areas ' not be required to conform to this standards? Further , par king not supplied by and for these uses would then wind up using the parking provided by others . The ar.ciument has been also been offered that outdoor dining will cause indoor dining areas. ( and perhaps part of the outdoor dining area ) to be under utilized and , therefore , full parking according to parking standards should not have to be provided . IN the first place , one can not count on underutilization and ,- 3f it 2 0 2-2 4 /i naing Yuimpactbotherdequate parking or businesseB . What happens tthen?ion f Secondly , this / same argument could be used to reduce parking requirements where incfoor dining alone is involved , a concept which has already been .incorporated in parking standards sand/or 'reJected in setting up parking requirements . - - -Itorn 2 . [( See also Waage .iQ ( f ) and page .50 ( f )� ko- r, gue" th-o- thp- LuU pgr ]. l _ reguirgm nt b ap2lied L o r di-n ►g g P��l i. P�p-@rty — �'(1' We are at an absolute loss to understand why no parking at all was and would not be required for this use . In addition to the considerations and reasons .lust given above for requiring that Parking bo the full requirement according to present standards , no parking or parking different than that for use on - private property would give an ur,frai.r advantage to those who were able to ue& public property .of their outdoor dining use . ----Itern 3 . (See also page .9 ( c ) and ( d ) 2 , page .10 item 8 . , go .49 ( c ) and page .50 ( d ) l and item 8 .1 W— r., uest '.: .l ag. tQ.r." througligut i ordiag ce q.liang2d t. "Planning QPARJssi011 �. " We believe that ( 1 ) outdoor dining is significant impact on open space , . whether It be public or private , ( 2 ) outdoor dining i,s always a significant modification ( and part ) of a use permit and , as such , is , and ought to be , the responsibility of the Planning Commission and ( 3 ) the general public in this city ought to be noticed and have the opportunity to be involved in any use of open $pace , especially the Public 's open space . This sorb of decision is too important to the public and ought not , therefore , not be left to an administrative decision made when much of the Public can not directly be involved . Wo recognize that there will be increased time and cost in having to eo to the Planning Commission for approval but agree with Planning Commissioner Biddle , who expressed the opinion as one in business , that the added cost is a normal and necessary part of doing business when the public interest ate involved . We believe this is especially true when public access , public property and open space impacts are involved . - "tem 7 . 1 We request., therefore , that where this use may impact public space , including but not limited to public right-of-way and city owned open space , the spacing betwoori the nearest edges of tables be six ( b ) feet . We believe anyone who has ever sat in an areas of adJacent tables will find this to be a bare minimum for use and passage . 3 agree with the subcommittee for outdoor dining on private /// property when that dining is confir►ed to an inset area designed for that purpose on the private property and improper space does not cause tables and chairs to extend out into the public access , right of way and onto public Property , as is likely to happen , If spacing between table is not adequa►t O for ease of use by patrons . We agree that the operator will soon find that patronage is reduced if such spacing is not adecluate . Fire and handicapped regulations , etc . , if enforcement does its ,lob , will take carp of public access . We do not agree where this -use is separated from the associated restaurant by public property , including public sidewalk , if the tables are too closely spaced , they will invariably extend into and negatively impact public and open staace , even if cordoned off . The same, consideration applies to use of public space , e .g . public sidewalk . We do not believer this should be left up to the operator. e-LQck .1z ? e .mil jM the d4cuman�. �u b iPPToved ktY Jbt ELg.,U_X MIS51Ur1,,. } c_ has b"11 9r1 e_, Lb the 21@ l document , Lei r-Oduperted la the documg=, A mini-park is referred to in the body of the ordinance , e .g . page 4 , i.tern (b ) 4 and should be defined . Note that it appears or) page . 48 as item ( a ) 3. EAK Q -- Item ( a ) 9: [See also page .48 , item ( a ) 9 .1 ar-PA LL= t.l_A private p r Q2,q .t i n _ = gm& side 9?f. Lb-% street L9 W.1% e . R.Q2W:Y. 1_i_tM a►z q.U)..q_j_ p-L the aIL Qs. tb—o �+caua,ya+lent . . We do not believe "external side of the sidewalk" is clear and might be interpreted by some as the curbside of the sidewalk . ---Item ( b ) 2 & 3: [See also page .48, item ( b ) 2 & 3 .] ►A t-eauez-L t l7n t area of tbvLl b. sQ1QL!Dd, "A 19L ka, e4rblic Q.>-pa space area..". be � af ter " right-of_1^1gy "Ir We do not understand the need for a limitation to the sidewalk area of the public right of way and , in fact believe that this ought to apply to all public--right-of-way and to public open space areas as well , if the public ': interest is to be completely Protected . 4 r-MUNt NU. +r14 535 5182 Feb. 22 1994 88: 14AM P3 i -----item ( b ) 3 r [See also page .48 , itein ( ►a ) 3 .1 w9 r e �a tY ha t ,e pedestri P_ 1 W Y_ bA aL at i n i.tu. ua QL Lo A . When sidewalks are crowded , as they are at times during the 10 summer- and are anticipated as being throughout the year , e feet i.s hardly room for two people , especially with packages , etc . , or a couple to pass others without buinpi.ng into one another . Such a small walkway also reduces the openness of an area . Anything less will. lead to an undesirable congestion for pedestrians and , quite possibly , interference with outdoor diners . M-1.tern ( b ) 4 . [See also Page .49 , item ( b ) 4 .1 4►a Y .quiet & U1i,nimum 9± �� 'eol �n t, is me-L aeag areas.. In to the reasons given in ( b ) 3 . , free passage and the retention of a feeling of open space ie raven snore important in public open �:;r) oe areas . This is what these areas are all about in the first place and encroachment should be reduced to the absolute minimum . --Item ( b ) 3. 5se also Page .49 , item ( b ) 5 .) wa �� sion o. addmd LLAL the- cor...d= ba LQ_rnc?Y!ed , UIA ar ett_ aQL In U s r, ,. Removal will. restore the omen space use of the area , something which is and will be an addition amenity for the public using an area . w-itcm 7 [see also page .50 , item ( d ) ( 7 ) .] 6Le. r_o Ue that. :16Lo- alcoholic eve sjg.Qs_ s mall b. porv.pd jjI l3' tdining areas " We believe then case has been made over and over again , riot only in Huntington Beach but in all cities , for keeFaing alcohol off the streets and indoors . We believe this position has broad support in this city , especially among the general public and families using downtown , neighbors of establishments where alcohol is served and the police , who must deal with the problems generated . - -Item a . [See also page ,50 , item ( d ) ( a ) .) Jar - u e t )a t 9. Lly i e w Sf. Lea 4.ij .� dL z. uaa Pam'.miI. ��. conduct S Ub2n UIA rR§ aurQ.>:1.4, use p�Xmit �. tran f�r��d g� ��.Sl L'I,�r equi.valent �, de t.S?. ,s ��.cens,Q agreement .with 5 R. This will be the only Opportunity to review the use of public space to determine if the exit ting , cortinued and projected use is appropriate to the public interest . S T� 10U U? [Note that Section 12 has been left out on page .501 ci r sa a uq.tx © , t h a t p. awl?. . G.r o p e r..t..Y, la - LEGISLATIVE DRAFT PAGE .27 There is no Fart N included in this ordinance . Tho following are some items noted in our earlier communi.cationt.-, or) this ordinance , which were i.nclUded in earlier drafts , have not been included in the present: draft and we believe should be included . We would request that you consider these further in your discussion . 1 . There apparently is no limitation to the . number of outdoor dining areas in a given area . if these areas became too dense in E: given area , especially in the downtown area , they might negatively affect the attractiveness of such areas and the 1�. general area with which they are associated . 2 . some consideration needs to be given to the length of ti.nio that will be involved in use of public property without a review of flee continued suitability of this use of public property . The license Agreement will have to include a time period over which g; the agreement extends . We request that the ordinance include a time limitation before renewal must be considered and that t:.he renewal process will include the opportunity for public input before t-he agreement is renewed or extended . ��3 . No site plan is required as part of ordinance for application for the use permit and no separation between tables has been included in ' this revised ordinaanco . We request that both be included in the ordinance and required as part of the application , since they bear very materially on the suitability of .the use , particularly on public property . 4 . If outdoor dining will be located on property owned publicly and privately in common , this use should be subject to the same requirements , conditions and provisions as those which apply to public property . L� privately owned public access areas need to be dealt with to the extent that. this access will not; impaired by this use . Thank you for taking the time to roview these requests , comments , and recommendations . Again , we are sorry that they are supplied to you on such a short terii basis , but we often do not get the G - f f1Vl Y[= IYV. . . 11'-Y J JV V1VG - f I _IJ. GG 1JJ� vtJ ice.. i i a �w R. `'_,/I;Fal information until a relatively short time before a meeting. Thank you for your continuing hard work on behalf of the ,citizens of this city . Sincerely , Robert C . Winchell President , for the Board of Director, and members of Huntington Beach Toinorrotq __........, . ....... Postdtl"brand fax transmittal/memo 7671 a or pages ► To AT� cc From {> o. LS I JS T d CO, �] Dept. ��OU/VG-^11.. ° , Fax ,•- 3/ .) �' Fa x TO: MAYOR MOULTON-PATTERSON AND COUNCIL FROM: DIANNE EASTERLING DATE: FEBRUARY 22, 1994 RE: CC AGENDA ITEM D-4 'STANDARDS FOR OUTSIDE DINING' IN ADDITION TO REMARKS MADE TO YOU IN LETTER FORM DATED FEBRUARY 15, 1994 - I WISH TO ADD THE FOLLOWING COMMENT WHICH BECAME NECESSARY AFTER READING THE STAFF REPORT: ON PAGE 4, RIGHT AT THE BEGINNING OF THE STAFF REPORT, TOP OF THE PAGE, PC LISTED 5 KEY ELEMENTS CONTAINED IN THE OUTDOOR DINING ORDINANCE, NAMELY - USE PERMIT REQUIRED - REDUCED PARKING - NO GRANDFATHERING OF EXISTING USES - 8' SIDEWALK FOR PEDESTRIAN USE - REQUIREMENT FOR MAINT. LIC AND LIA. INS. THE FOLLOWING PAGES FROM .7 THRU .11 CONTAIN THE DRAFT ORDINANCE AS PREPARED AND APPROVED BY PLANNING COMMISSION. AT THE BOTTOM OF PAGE .10 (OR PG 6 OF THEIR DRAFT ORD) IS SECTION 12 - SPECIFICALLY STATING THAT EXISTING USES SHALL OBTAIN A USE PERMIT AND LIC. AGREEMENT WITHIN 90 OF THIS ORDINANCE PASSAGE BY CITY COUNCIL. HOWEVER, TURNING TO PAGES .48 AND THRU TO PAGE .50, WHERE THE PC DRAFT ORDINANCE IS REPLICATED AS HB ORDINANCE CODE NO. 9730.88, IT EXCLUDES THIS SAME SECTION . 12 - THAT PERTAINING TO THE LICENSING OF EXISTING USES. OUR QUESTION IS OBVIOUS...WHY IS THIS EXCLUDED IN THE PROPOSED ORDINANCE CODE...OR IS IT AN OVERSIGHT? EITHER WAY, WE MUST HAVE CONFIRMATION THAT ALL EXISTING UNPERMITTED USES ON MAIN STREET, OBTAIN A USE PERMIT AND LICENSE AGREEMENT WITHIN 90 DAYS OF PASSAGE OF THIS ORDINANCE BY CITY COUNCIL. THANK YOU. CC: City Clerk M. Uberauga M. Fallon ` ,s V V V I V T V V , V V a ara •.+ v.. • v.a rr.. - - Huntn n Beach omorrow Box 845 Huntington SeaCh, CA 92648 ( 714 ) 536-4181 March 6 , 1994 Mayor Moulton-patterson and Councilmembers City of Huntington Beach 2000 Main Street Huntington Reach , CA 92648 Dear Mayor Moulton-Patterson and Counci.lmembers ; Huntington Reach Tomorrow wishes to submit the following comments with regard to Negative Declaration No . 93--20 and Code Amendment No . 95- SA in response to staff comments concerning our letter of February 19 , 1993 and received by fax February 22 , V)94 . We wish to thank staff for attempting to respond to each of our comments . We also apologize for the short time provided for the response to our previous comments but we very often do not get the final version of matters to come before the Council until the Friday before the meeting and have only the few days of the weekend to respond . Such is the case with regard to the responses provided and we again apologize for the short notice involved in our response . Although staff has responded to each of the comments , requests and recommendations in our February 19th letter , we believe that. many of these responses are not satisfactory and continue to request many of the actions included in that letter . in order to summarize our requests and a recommendation , we have underlined these which remain to be addressed adequately , The following comments are generally ordered in the same way as the responses from staff to our February 19th comments , which were supplied as an addendum to the Council packet for Item 0-2 . -- ..espouse.� —o C n�q mm2nt J.c. We do agree with staff that it can be assumed that Code Amendment 95-58 will be essentially the same as that originally proposed and on which the negative declaration was prepared , Consequently , it can not be assumed that the negative declaration will still be appropriate . Though it may well be that a single negative declaration may be adequate for both , the purpose of this instrument and requirement is to evaluate the impact. of the actual item itself , not what one thinks it will be , As a consequence , the item being evaluated must be available before the letter and intent of the law is met . Wherr we originally' approached the Planning Commission concerning this matter we did not believe: it was proper planning to shortcut the proper procedure , We continue in this belief . 4a 9Anti to reguggL that th_e Prover proc2dur_e. g_f bifVrcatinn !b envirpnmental assessment , ,j,= the ori2i nal code do-Q ent wg.a bi:furcnt~�d-, be followed , se to Co.mmen.t.. z : The requirements for adoption of a license agreement fee implementation seems to be quite appropriate and we request that they be followed . We can-tinue to rg<aun�t at the L �Y Council a!dgpt a �.rQnse rgre_ement fg& t out @.coon 10 p rp. GPOS ordinance .included ja tpacket . We request that the council postpone the effective date of the ordinance as suggested by staff but require that the license agreement process be expedited to the maximum extent possible so that the ordinance will take effect as soon as possible . --�esaonses to C m rests 3 and 44 we did not find the Planning Commission subcommittee or the Planning Commission and the current staff comment to be responsive to these comments . Short of the under utilization argument dealt with and replied to in our February 19th letter and as yet unreplied to by staff , we know of no ,justification for the reduction in parking requirements indicated in the ordinance . Staff has not supplied any ,justification in reply to our comments as part of the present response . 6Lg ontinue. to. re t, the LLIU parkin2 r_eq.uirpments ere applig t of of �� U5e5 for ge reams indict ed February_ 19th 1�t�®.�...,�. --Sesponse t,Q, Comment 5:: We do not believe that the zoning administrator process .involves the level of notification and process necessary for the whale community to be involved in the dedication of public property for private use whether it is held at night or not . Further , this Process would substitute the decision of one person , and an administrative process for seven people who are supposed to be represent interests of the whole community and would provide for a broad based evaluation in vital matters like this . This simply is not a ministerial decision , As indicated on February 19th , we understand the argument, offered for a ministerial procedure , but we remain opposed to the 2 use of such a procedure for the reasons indicated . l�J rec ut thLat t planner Com ion b ubsti.t.Wted f2L tl7e Z_Q_njL1a qdS nistti:. Paz_ n thi or din8,De --R n�Q!1;."F to C,,5 Mff_Le 1 t:_ 6 i. We disagree with the position expressed by the staff both for the reasons indicated previously and fear the following reasons: 1 . It is the purpose of an ordinance to set standards , e ,g . the .clear passage requirements for pedestrian areas , and this is one of the necessary standards for the use to be an amenity to the public in public areas ( and probably in privately held areas ) . Hence the request, for its inclusion . 2 . If a particular use can not meet this standard ( rind indeed any of the other standards in the ordinance ) then the use should perhaps be denied . If the use still seerns to be acceptable or desirable , that is part of what the use Permit evaluation procedure and variances are all about . leg continue to r c►ueste therefore . t at tbA m, ni,.mum ge.paratign between ad1 d tables (.�..). f get , --RgsRonse J o Comment~ Z;T We wish to thank staff for their response to our comment . We note however that Item 2 of the definitions now has a problem in line 2 ( probably a word processor error ) and needs to be corrected . See the DRA copy or p . .53 for the correct version . - -Res to comment 8: Although the use of " internal " does resolve at least some of the confusion , we believe the property-line-to-property-line approach is definitive in all cases . �,_e request t At, tLTat terminology Imo, use , espec,-ially since L will ba absol tely c1e L to. the deplicant ► � j_ mg An --ResRonsg L2 CoMMant 9 This comment applied to both Items ( b ) 2 & 3 of Section 11 ( p . regard to Item ( b ) 2 . we believe that the standard in Item ( b ) 3 should apply to outdoor dining located in all public owned or controlled areas in the city . We r,tgua, tb&l . .QL fin. pm.�Ijo' owned g-L contra led 2.r.eas" ba added after ° 'c right-of-way ". in Iter,� 3 --Resporse tt Q Comm We disagree with the Planning Commission that 8 feet of sidewalk 3 clearance is adequate for proper u.se of sidewalk areas for the reasons indicated in our letter of February 19th . If such a. clearance can not be provided , then the area is probably not suited for outdoor dining use and was not designed with this in mind . Again , as indicated above proper standards should be set in the ordinance and variance used in hardship cases as deemed appropriate and necessary . Ike cQptinue to rgpuest a mLajmurn 10-foot. olear� for acceptabLp pedgstr an use Q.f. t -g area , --R9a2_Qnse to Comment Acceptable standards should be set by the ordinance and then modified by variance as necessary and acceptable for hardship , not set to some unacceptable standard and have to be argued up to an acceptable standard . Wg o inin , to Lftaugal g, mid 15-foot clearance or t j reasons i_nd.icated in tbp_ FebrWry 79th Ie.,t t er . ---RespoDgg tg Comment L This response is responsive . We wash to thank the staff for their comment and ask that the substance of our request be included in the ordinance . _-aesPoll � 1.2 comment We 've banned alcoholic beverages at all special events on the beach . What makes it any better downtown or in any other part of the city for that matter . Please note that the city of San Luis Obispo with one of the best downtown street fairs in the state has banned alcoholic beverages in those special events because of the problems it brought . We should learn from their experience and not be tempted to repeat their ( and our own ) experience with outdoor sales and use of alcoholic beverages . Wa co.nti nue t.q requegt , in the str_onaest ppg.sible wI , that rig alcohol r, bever q awed in any outdoor dLajj ca area, fr the masons indicated ip tIhe Februgry 19th l 11er . --Rewponse t-9 Commentg JA gnd J We wish to thank staff for a very responsive response . kL(P- LagU=l th g—t_ b=ht.to 1�ir.2.10205. be MI rLd g d t, e c t thg n e w 94UAL and tha.� the uq g. perLia.t rggui,re. and, annual ):gyiew _ of the ale PBrmlt t included sla cj condition of ap.p.royal91 the permit_ --RP,,�panse L. Comment We wish to thank the staff for , in effect , accepting this request 4 and ask that it be included . _--f3esc�ons�� �•.� nim r ��- We apologize for- not understanding the alphabetic ordering of the (Drdi nuance . -� r�ons� Comment 1_7 Since those areas which can and can not accommodate outdoor dining have never been delineated or presented as a part of the public information available , we remain unconvinced that there will not be :such a proliferation of outdoor dining , especially in public areas , so as to produce congestion , a reduction in attractiveness of the area and the business and a swap--meet-Like atmosphere . !fie r=- =,@nd. �1= council_ assure themselves that the dawn g dam, cif outdoor d n' associated wit mucf� ns'� wi 11 ng occur W& no that Aa equivalent kind cc on d atiQn is currently associated w...ith ttb—e proliferation o_f b&trs downtow ) 2 somethins hw ich aaa agt- Djarned for tag hers Similgirly „ it was deemed ori2 aft lly. tb there. ou t-g- ba 11 significant QJ parts and kjoks f_U the very same regLsons of rc .nae5 , o2, etc, when this e.rdinangp- was a si,pale out dQor sales ordinance . �l question remains ga to Wtay t was 1mpartant cr car and kiosk not fgx outdoor dining- facilities . �appcially with respect these facilitieg Qn public property __ u o n @ to QO fT)ffLuI 19-_ Since a. site plan was required in earlier versions of the ordinance , it seemed to be an accepted and necessary part of this . ordinance . We felt ,it should be a part of the permitting process and 'are glad to find that it must be part of the use permit application . ---ftsgo.nse ra Comme nor QQ L If this ordinance is understood to apply to jointly owned public and private property , our concerns have been answered . --Respgnse t..Q Qgmmanj Z1 : If the review of proximity and location of building entrances is construed to meet the need to protect necessary and appropriate public! access to privately owned areas , our concerns have been ;answered . Thank you for taking the time to review these requests , comments , and recommendations . Again , we are sorry that they are supplied to you on such a short term basis , but we often do not get the final information until a relatively short time before a meeting . Thank you for your continuing hard work on behalf of the citizens 5 of this city . �incerel} , 4.e Robert E . WinchelI President , for the Board of Directors and members of Huntington Beach Tomorrow 6 DJ'NTOWN RESIDENT AN l�r rr �� 14 ASSOCIATION r I o rr o� r Ili , ® ® TO: Mayor Moulton-Patterson and Coun it Members � c FROM: Dianne Easterling, Co-Chair/DRA .e DATE: 12 March 1994 --- x RE: 3/21/94 AGENDA ITEM "STANDARDS FOR OUTDOOR DINING", CONTINUED FROM 3/7/94 MEETING. w Because of the length of time that has gone by from your receipt of material regarding the Outdoor Dining Ordinance proposal, we wish to list again our major concerns for your consideration: 1. DELETE "Zoning Administrator' in all instances under 9730.88 Outdoor Dining Huntington Beach Ordinance Code language on Pages .53 thru.55, to be REPLACED by "Planning Commission." 2. No alcohol beverages may be served on public property (DELETE "except as approved by the City.") (See page .55 point (7). Please refer to page .16 (4\s\Ord:Otdrdng\02/23/94 page 6) at the front of the Staff Report dated February 22, 1994. TWO important items (point 8. and SECTION 12) from the recommended Planning Commission draft are not included on page .55 3. Omitted from Page .55 under section (d) Operating Requirements is point 8 referred to above...and as follows: INSERT " The Use Permit may (INSERT "not'l 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, (REMOVE V applicable'l, will be required prior to transfer of the use permit." 4. Also omitted as the final item on page .55 is the following language dealing with permitting of existing uses (SECTION 12), recommended for inclusion by the Planning Commission: INSERT "Any existing outdoor dining that has been established without prior use permit approval shall obtain a use permit, REMOVE ( "and if applicable"l and a license agreement within 90 days (CHANGE TO "30 daysTollowinq the effective date of this agreement." cc: City Clerk D— / NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 93-5 A ENVIRONMENTAL ASSESSMENT 93-20 (Standards for Outdoor Dining) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Tuesday, February 22, 1994 , 7: 00 PM APPLICATION NUMBER: Code Amendment No. 93-5 A/Environmental Assessment No. 93-20 APPLICANT: Department of Community Services, City of Huntington Beach LOCATION: City-wide ZONE: City-wide REQUEST: To establish provisions in the Huntington Beach Ordinance Code to permit and regulate outdoor dining. ENVIRONMENTAL STATUS: Covered by Environmental Assessment No. 93-20 also to be considered by Council COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the Community Development 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 February 18, 1994 . ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence to the City Clerk 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 Susan Pierce, Associate Planner at 536-5271. Connie Brockway Huntington Beach City Clerk (1965D) O o/_ jBLIC HEARING NOTIFICATION CHECKLIST j G MAILING LABELS ( ' 3 55 President William D. Holman / �' Planning Director H.B. Chamber of Commerce Pacific Coast Homes VV City of ,estminster 2213 Main St. #32 23 Corporate Plaza, Suite 250 8200 West i nster Blvd. Huntington Beach, CA 92648 Newport Beach CA 92660-7912 Westminst%e ,,CA 92683 Judy Legan ✓ Pres., H.B. Hist. Society Planning irector H.B./F.V. Board of Realtors C/O Newland House Museum City of Se Beach 8101 Slater Ave. 19820 Beach Blvd. 211 Eight S Huntington Beach, CA 92647 Huntington Beach, CA 92648 Seal Beach, C 90740 Presi nt Chairperson CA Coast Commission Amigos Bolsa Chica Historical Resources Bd. Theresa He P. 0. Box 48 Comm. Services Dept. 245 W. Broad V, Ste 380 Huntington ach, _CA 92605 2000 Main St. Long Bch, CA 90802 Huntington Beach, CA 92648 Charles rant Robert J°�eph Friends o \heHBWetlands Council on Ag g Caltrans6 trict 12 21902 Kiow 1706 Orange Ave. 2501 Pullman St. HuntingtonCA 92646 Huntington Beach, 92648 Santa Ana, CAT92705 Ruth Galanter Edna Littlebury y Director Coastal Cons\CA y Golden St. Mob. Hm. Owners Leag. Local Soli kWaste Enf. Agy. P.O. Box 664 11021 Magnolia Blvd. O.C. Health"Care Agency Los Angeles, 066 Garden Grove,. CA 92642 P.O. Box 355 Santa Ana, CA 92702 County of Orange/EMA Dominick T aino n\Bea Tomorrow Michael M. Ruane, Dir. Seacliff Hor wners Assoc. .t P.O. Box 4042 6812 Scenic 63�r Lane )n , CA 92648 Santa Ana, CA '92702-4048 Huntington Beach,- CA 92648 Jw4t\E. th nnost � l3ILc.4 r County of Orange/EMA HuntingtorVarbor HOA 2001 St. #224% Thomas Math s, Dir, Planning P. 0. Box 7 SantCA 92705 P. 0. Box 404 Sunset Beach," CA 90742 Santa Ana, CA 2702-4048 Ri_`ard Spicer SC4,G County of 0 nge/EMA Bill Lill "18 West 7th, 1 h Floor Bob Fisher, r. HHHOA ARC - Lcs Angeles, CA 17 P.O. Box 4048 16835 Alg.oNin St. #119 Santa Ana, CA 9 702-4048 Huntington Beach, CA 92549 E.T.I. Corral 100 Planning 'r. New Growth Coordinator Xary Bell City of Co a Mesa Huntington Bach Post Office 20292 Eastwood Cir. P. 0. Box 1 0 6771 Warner Ave. Huntington Beach, CA 92646 Costa Mesa, 92628-1200 Huntington Beach, CA 92647 04 PUBLIC HEARING NOTIFICATION CHEC IST Pg. 2 (1211D) Norm Smith, Environmental Planning ` ir. Mr. To Zanic Board Chairman City of Fontain Valley Seaclif Partners 4053 Aladdin Drive 10200 Slate`] Ave. , 520 Br way Ste. 100 Huntington Beach, CA 92649 Fountain Valley, CA 92708 Santa Mo ica, CA Pacific+COast Archaeological THOMAS L BAGSHAta� Z� y .�l�� Norrvma.' I-�^�`r`` PO BOX 471 �.: / r,7 4C53 Ai4 c� Dr.vL Society, Inc. / CA 9Z,&Y P.O. Box�.10926 HUNTINGToN BEACH CA 92648 kYu.�T n5lc�� z��`' Costa Me A. CA 92627 Attn: Janeliothold JERRY BUC AN A_RI GATI Wil��a L� HB CITY ELE rNTARY SCHOOL DISTRICT 606 LACE ST. -6 S9D } 3lcdesly 9L�fZ� P. 0. Box 71� HUNTI"GTON BEACH CA 92648 Huntington Bea , CA 92648 964-8888 f GARY BURGNER MARILYN SALE^1 ��Iie Va�r►`r 19605 ELMRIDGE LANE %t►� _C G � HB UNION FfH SCHOOL DISRICT y GfeGuv'va Cr. Ica 10251 Yorkt��ca,Kn Avenue HUNTINGTON 3EP.CH CA 92648 trvtv.e GA 12-7rv'C-735e Huntington B�e&g h, CA 92646 964-3339 `� MARC ECKER NANCY VYYLIE Gib e� Cv�1c. (�eSc` FOUNTAIN VACEY 511 A 12th Street ELEMENTARY S� OOL DISTRICT '1UNTINGTO'• BEACH CA 92648 17210 OAK STREET r FOUNTAIN VALLA CA 92708 JAMES )O�ES ROSEMARY POL--- QCKT OCEAN VI ELEMENTARY 8372 FRIESLAND dc-; Ava(ev� br SCHOOL DISTRICT HUNTIN TON 37'ACH CA 92647 Seal B2ac4 17200 PINEkRST LANE HUNTINGTON BEACH CA 92647 / RON FRAZ R D_A_rIE EASTERL T NG- J WESTMINSTE, SCHOOL DISTRICT 203 - nth Street 14121 CEDARW D AVENUE FUNTINGTON 3E=.CH CA 92648 WESTMINSTER CA 92683 CSa 1 DARIN BRUME 730 El Camino. Way #200 _ 1213 HUNTINGTON =3 Tustin, CA 9680 HUNTINGTON BEA H CA 92648 .w Approved by City Admini.. ation �� 1 COVER SHEET FOR CITY COUNCIL PUBLIC HEARINGS N/A YES NO O Was City Council or Planning. Commission public hearing notice _- typed on Wang? JW O O If appeal, are appellant and applicant shown W O O If housing is involved, is "legal challenge paral ( ) ( ) If Coastal Development Permit, are the RESID. 1 attached and is the Coastal Commission Office O Is Title Company verification letter attached? - �r ( ) ( ) Were the latest Assessor's Parcel Rolls used? l ( ) ( ) Is the appelant's name and address part of the labels? ( ) Is day of public hearing correct - Monday/Tuesday? Has the City Administrator's Office authorized the public hearing to be set? ( ) ( ) Is there an Environmental Status to be approved by Council. :�y✓ ( ) ( ) Are the appellant/applicant's names and addresses on mailing labels? "ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk written evidence for or against the application as outlined above. If there are any further questions please, call (insert name of Planner) at 536-5227." For Public Hearings at the City Council level please insert the above paragraph of the public hearing notice: CONNIE BROCKWAY, CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET - 2ND FLOOR HUNTINGTON BEACH, CALIFORNIA 92648 , (714) 536-5227 1350K - 9/93 I PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) am a Citizen of the United States and a PUBLIC NOTICE —ON FILE: A copy of the NOTICEOF proposed request is on file' resident of the County aforesaid; I am PUBLIC HARING . in the Community DeveloEAMEDMp ment Department, 2000 over the age of eighteen years, and not a CODNO.93N5 AENT Main Street,. Huntington) party to or interested in the below ENVIRONMENTAL Beach, California s268. for inspection by the pub- ASSESSMENT 93.20 lic. A copy of the staff re-1 entitled matter. I am a in- principal clerk of (Standards for port will be available to in- p p Outdoor Dining) terested parties at City'Hall the HUNTINGTON BEACH INDEPENDENT a NOTICE HEREBY the Main city Library , GIVEN"that thea (7 Huntington (7111 Talbert Avenue) after newspaper of general circulation printed hBeach old council will February INTERESTED i hold a public hearing in the ALL INTERESTED 'PER- Council Chamber at the SONS are invited to attend and published in the City of Huntington Huntington Beach Civic I said hearing and express Beach, County of Orange, State of Center, 2000 Main Street, opinions or submit evi- Huntington Beach, Califor-' dence to the City Clerk for nia, on the date and at the or against the application California and that attached Notice is a time indicated below to re- as outlined above. If you ceive and consider the challenge the City Coun- true and complete copy as was printed statements of all persons a action court, you my who wish to be heard rela- + a be limited to raising and published in the Huntington Beach rive to the application de only those issues you or scribed below. someone else raised at the and Fountain Valley issues of said D ME: Tuesday, public hearing described in February 22,1994,7:00 PM this notice, or in written APPLICATION NUMBER: correspondence delivered newspaper to wit the issue(s) of: Code Amendment No.93-5 to the City at, or prior to, A/Environmental Assess- the public hearing. If there ment'No.93-20 are, any further questions APPLICANT: Department please call Susan Pierce, of Community Services, Associate Planner; at 536- City of Huntington Beach J 5271• LOCATION:City-Wide I Connie Brockway', ZONE:City-Wide I City Clerk, City of Hun- REQUEST: To establish tington Beach, 2000 February 10, 1994 onvBeach Ordinance Cod, Main Street, Hunting- to permit and regulate out- ton Beach, CA 92648 door dining. (714)536-5271 ENVIRONMENTAL STA- Published Huntington TUS: Covered by Environ- Beach-Fountain Valley in-1 i declare, under penalty of perjury, that 20ntal asoAtoebe c nsideedl dependent February 10, 1994. by Council. the foregoing is true and correct. COASTAL STATUS: Not 022677 apRlicable Executed on February 10 199 4 at Costa Mesa, California. Signature �/ a 7� _ �/� kj7)A-#W NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 93-5 A ENVIRONMENTAL ASSESSMENT 93-20 (Standards for Outdoor Dining) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Tuesday, February 22, 1994, 7: 00 PM APPLICATION NUMBER: Code Amendment No. 93-5 A/Environmental Assessment No. 93-20 APPLICANT: Department of Community Services, City of Huntington Beach LOCATION: City-wide ZONE: City-wide REQUEST: To establish provisions in the Huntington Beach Ordinance Code to permit and regulate outdoor dining. ENVIRONMENTAL STATUS: Covered by Environmental Assessment No. 93-20 also to be considered by Council COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the Community Development 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 February 18, 1994 . ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence to the City Clerk 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 Susan Pierce, Associate Planner at 536-5271. Connie Brockway Huntington Beach City Clerk (1965D) 0