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HomeMy WebLinkAboutApprove a program to allow Temporary Emergency Outdoor Comme City of Huntington Beach File #: 20-1664 MEETING DATE: 6/1/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Approve a program to allow Temporary Emergency Outdoor Commercial Activity on Private and Public Property during the COVID-19 pandemic Statement of Issue: On May 18, 2020, Council Members Brenden and Posey introduced an H-Item to direct staff to develop a program that would temporarily allow conversion of adjacent public and private spaces into outdoor dining areas for restaurants. After discussion, the City Council directed staff to develop a program for Council consideration that would allow the temporary conversion of adjacent public and private spaces into outdoor dining and retail use to provide local businesses with the opportunity for greater customer capacity (up to but not exceeding the capacity limits that were in effect prior to the COVID-19 restrictions). Staff has prepared a regulatory framework to allow businesses to quickly expand into private and public spaces in order to allow patrons to frequent local businesses in a safe manner during the Local Declaration of Emergency as follows.- 1. Authorize the City Manager, and his designee, to expand the Temporary Emergency Use Permit to allow outdoor business expansion; and 2. Authorize the City Manager, and his designee, to expand the use of temporary signs and banners and approve minor deviations from design standards associated with Temporary Emergency Use Permits as described in item 1, above; and 3. Forego all fees associated with processing Temporary Emergency Use Permits and Temporary Signs and Banners as described in items 1 and 2, above. Additionally, based on City discussions regarding this particular matter, the Downtown BID did initiate a survey to their members to better understand the needs of downtown businesses given California's and Orange County's phased reopening of the economy, particularly as it relates to utilizing public right-of-way to accommodate social distancing requirements. It was shared with the City that an City of Huntington Beach Page 1 of 9 Printed on 5/28/2020 powered LegistarT File #: 20-1664 MEETING DATE: 6/1/2020 overwhelming majority of survey respondents indicated a preference for instituting temporary adjustments along Main Street (an in particular, the second block of Main Street) during the phased reopening to support current business needs during this phased reopening of the economy. To that end, staff is also seeking authorization from the City Council to engage with the Downtown BID to discuss the implementation of a pilot program focused on the second block of Main Street during the phased recovery, as further outlined in this report. Financial Impact: The City's current established fee for a Temporary Use Permit for extended periods of outdoor uses is $5,096 and requires a public hearing before the Zoning Administrator. In addition, temporary outdoor events with a shorter duration (no more than 4 days, once every three months) are processed via an over-the-counter Temporary Activity Permit with a $270 filing fee. Finally, the established fee for a Temporary Sign/Banner permit is $93. Based on the proposed program developed for City Council consideration, staff would recommend that all fees associated with the Temporary Emergency Use Permit program be waived, which will result in reduced permit fee collections. However, it is anticipated that any permit fee costs would generally be offset by increased sales tax revenue to the City as businesses return to pre-COVID conditions. Finally, there is no fiscal impact associated with exploring a pilot program for downtown. If Council authorizes such exploration, staff will return at the next City Council meeting with a program and associated costs. Recommended Action: A) Confirm that allowing temporary emergency outdoor commercial activity on private and public property with issuance of a Temporary Emergency Use Permit during the period of the emergency is reasonably related to the protection of property being impacted by the COVID-19 emergency, and allow the City Manager, or his designee, to implement the temporary emergency use permit process; and, B) Confirm that allowing a Temporary Sign/Banner Permit in conjunction with issuance of a Temporary Emergency Use Permit during the period of the emergency is reasonably related to the protection of property being impacted by the COVID-19 emergency, and allow the City Manager, or his designee, to implement the temporary sign and banner permit process including minor design deviations; and, C) Forego all fees associated with Temporary Emergency Use Permits and associated Temporary Sign/Banner Permits; and, City of Huntington Beach Page 2 of 9 Printed on 5/28/2020 powere A5j Legistar- File #: 20-1664 MEETING DATE: 6/1/2020 D) Direct and authorize staff to engage with the Downtown BID to develop a possible Downtown Pilot Program along the Second Block of Main Street, and return with program details for formal City Council consideration at the June 15th City Council meeting. Alternative Action(s): Do not approve the program, and provide staff with additional direction. Analysis: The State of California and Orange County are taking a phased approach to reopening the economy, As stated in the City Council adopted Resolution 2020-15 declaring a local emergency, "The City Manager, and Director of Emergency Management under Huntington Beach Municipal Code Chapter 8.60, is hereby the authorized representative of the City of Huntington Beach for all purposes and to take all action for the preparation, mitigation, response and recovery from the COVID-19 pandemic." Typically, a standard imposed by the City Council can only be amended by the City Council. However, the declaration of local emergency allows flexibility to rapidly respond to emergencies, including adopting temporary use permit procedures to aid in economic recovery from the pandemic. This analysis recommends an outdoor commercial activity plan for temporary expansions on private and public property, and seeks direction from the City Council regarding a Pilot Program for the Downtown business improvement district. PRIVATE PROPERTY In accordance with the local emergency declaration and the City Council's recent direction, restaurants and commercial establishments with access to private sidewalks and/or private parking may utilize portions of these areas for dining, retail, or personal services, provided certain safety criteria are met, the landlord or property-owner agrees, and approval of a Temporary Emergency Use Permit, (reviewed administratively by the Community Development, Public Works, Fire, and Police Departments) is obtained. An overall summary and highlights of the Temporary Emergency Use Permit standards are described below. However, the complete detailed criteria is included in Attachment No. 1. The Temporary Use Permit Application can be found in Attachment No. 2. Applicability Summary • Private Sidewalks and Parking Lots. Businesses and institutions with access to private sidewalks and/or private parking lots may utilize portions of these areas for dining, retail sales, personal services, religious assembly, and curbside pick-up. • Uses and Businesses Identified by State and County Order Can Operate. The uses and businesses allowed to operate outdoors shall only be those identified by the State and Orange County Health Care Agency. As the State and County expand the list of businesses allowed to operate, the list of uses that can operate outdoors in Huntington Beach will automatically expand accordingly. City of Huntington Beach Page 3 of 9 Printed on 5/28/2020 powereA4 LegistarT1 File #: 20-1664 MEETING DATE: 6/1/2020 • Uses with Licenses or Approvals by Other Agencies. Businesses that are subject to operating under other licenses or agency approval (ABC, Cosmetology, Health Care Agency, etc.) shall continue to be subject to those operational standards. • Duration. The Temporary Emergency Use Permit shall terminate when: (a) the local emergency proclaimed on March 16, 2020 (as may be extended), is no longer in effect; or (b) the State and County allow resumption of normal and full commercial operations. As a use or business is permitted to resume full and normal operations, they shall abandon outdoor operations, relocate back indoors, and restore outside areas to original conditions. Permit Process Summary • Temporary Emergency Use Permit(TEUP) application. The application will be responded to within two business days. There will be no application fee. • Commercial Centers. If there are multiple tenants in a commercial center, it is highly encouraged that a TEUP for an entire center be submitted by the property manager. Commercial centers may create communal areas for multiple businesses to utilize. • Individual Uses and Businesses in Commercial Centers. The temporary outdoor commercial activity area shall be limited to the sidewalk/plaza/parking area directly in front of the store. The length of the outdoor commercial activity area shall be limited to the leasehold frontage, and the depth will be dependent upon the required ADA and social distancing clearances. Criteria for Temporary Outdoor Commercial Activity Summary a. Permitted Locations (General) • Within private parking lots, plazas, and sidewalks when the safety criteria described herein is met. • The use of removable barriers to define outdoor commercial activity areas, seating areas, curbside pick-up areas, pedestrian paths, vehicular paths is permissible. There is no limitation as to the type of temporary barriers, but they must clearly serve the intended purpose and ensure public safety. b. Private Sidewalks and Plazas • Tenants may use the sidewalk or plaza directly in front of their business. • The temporary outdoor commercial area and/or pedestrian path shall be physically separated from pedestrian and vehicular paths and clearly demarked by durable and removable barriers. • No tables, chairs, umbrellas or other fixtures shall be permitted within the pedestrian path. • Access to public utilities, building entrances/exits, ADA facilities, fire hydrants, and fire hose connections for sprinkler systems shall not be obstructed by barriers or seating. City of Huntington Beach Page 4 of 9 Printed on 5/28/2020 powereWy LegistarW File #: 20-1664 MEETING DATE: 6/1/2020 c. Parking Lots • As approved for a commercial center, tenants may convert a portion of the parking lot near their business for temporary outdoor commercial activity. Individual tenants may not utilize private parking lots of a commercial center without a TEUP first approved for the entire commercial center. Cement or water barriers (or similar) shall protect outdoor commercial activity within parking lots. • Up to 50% of off-site private parking in a center may be converted to outdoor commercial activity. • No parking for disabled persons may be repurposed, unless replaced and demarked elsewhere in the center. • Landscape areas shall not be used or converted for parking, outside seating, or commercial activities. • Vehicular paths and curbside pick-up areas must be clearly marked and signed to ensure pedestrian safety. • Marked fire access lanes shall be maintained. d. Tents and Other Shade Structures • Tents that are 10 feet by 10 feet in size or smaller may be erected in the approved outdoor commercial activity areas. Tents or shade structures that are larger than 10 feet by 10 feet in size must comply with Fire Department requirements. • Tents shall be properly anchored; allow for airflow; no heaters; no smoking. e. Operational Criteria • The hours of operation of the temporary outdoor commercial activity area for all business types shall be restricted to 7:00 AM - 10:00 PM only, including set-up and breakdown activities. • Vehicular circulation/access lanes must be kept clear at all times. • Driveways must be kept clear at all times to prevent cars from stacking into streets. This may require that parking lot monitors be employed by the business and/or commercial center. • Temporary banners advertising the business may be permitted in conjunction with TEUP. One banner per tenant and three banners for the commercial center shall be allowed. • There is no limit on directional and safety signage (e.g., one way, exit only, maintain social distancing, etc.) that does not contain advertisements. • Space heaters are permitted if they are an outdoor approved type, and are located at least five (5) feet from the edge of any umbrella canvas, any foliage, or any other flammable object or material. City of Huntington Beach Page 5 of 9 Printed on 5/28/2020 powerelAq,LegistarTM File #: 20-1664 MEETING DATE: 6/1/2020 • No heating, cooking, or open flames are permitted. • Tents, umbrellas and other decorative material shall be fire-retardant, pressure-treated, or manufactured of fire-resistant material. • No outdoor amplified noise or live entertainment shall be permitted as part of the TEUP. A separate, Entertainment Permit, consistent with the normal application process, may be submitted for amplified noise or live entertainment. • The business and property manager shall be responsible for cleaning up trash as needed, but at a minimum of two times per day. • Keep it simple. Limit visual clutter (banners, flags, signs, etc.) so public can easily navigate access to pick-up areas. f. Outdoor Seatinq • Maintain a 6 ft. separation between each table, including chairs. • If people are at a table together, they do not need to be 6 ft. apart. Each table grouping needs to be 6 ft. from other tables measured from the back of each chair, chair-to-chair. • Identify the total capacity of each outdoor area; the maximum number of customers or patrons permitted within the outdoor seating area shall be based on available seats; there shall be no standing permitted. Total capacity of combined indoor and outdoor areas shall not exceed the total interior maximum seating capacity pre-COVID. q. Alcoholic Beverages • Prior to sales, service, or consumption of alcoholic beverages the business shall have a valid ABC license. Businesses must only serve what is allowed on their current license type. • Alcohol may only be served in conjunction with food service in outdoor areas. • Only an employee, and not a patron, will be permitted to carry an alcoholic beverage from the interior portion of the premises to said patio area, or from said patio area to the interior portion of the premises. • Plastic cups only, no glasses or glass bottles allowed; proper signage; illumination; and 36 inch high barrier. • Ail must obey all state, local, and municipal laws, and conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provisions, or restrictions prescribed by a regulatory authority with jurisdiction over the premise at all times. 4. Business Responsibilities for Outdoor Commercial Activity • Maintain and secure the removable barriers per the approved plans and all materials located inside the commercial outdoor activity areas. • The business shall provide evidence of general liability insurance in the amount of $1,000,000, City of Huntington Beach Page 6 of 9 Printed on 5/28/2020 powered,LegistarTM File #: 20-1664 MEETING DATE: 6/1/2020 and an endorsement naming the city of Huntington Beach as an additional insured. • By signing and accepting the TEUP, the applicant accepts the benefits conferred by the permit subject to the conditions imposed therein. By accepting the right to operate pursuant to the TEUP, the applicant waives all rights to challenge any condition imposed as unfair or unreasonable. • The applicant understands that there are inherent safety concerns when operating outdoors, especially in a parking lot, and by signing the TEUP the applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of the TEUP. • The City is not responsible for any damages or loss of equipment installed pursuant to an approved TEUP. 5. Revocation • The City reserves the right to revoke, without a public hearing, any outdoor commercial activity area that: (i) creates an obstruction to, or causes congestion of, pedestrian or vehicular traffic on the surrounding public right-of-way; (ii) if it finds the installation represents a danger to the health, safety or general welfare of the public; or (iii) a business violates the requirements of a TEUP. • The applicant shall comply with all federal, state, and local laws. Violations of any of those laws in connection with the use will be cause for revocation of this TEUP. PUBLIC PROPERTY When the City allows a private business to utilize public property for commercial activity, in addition to any Planning permits, Public Works also issues an encroachment permit and/or a License and Maintenance Agreement. Staff is recommending that an encroachment permit incorporating applicable provisions of the TEUP process and criteria described above be utilized for public property; however, there may be a few additional terms included to protect the City's property. No fees or "rent" will be collected during this emergency period. Downtown offers a unique environment in that it is an area of continuous storefronts owned by multiple property owners, unlike a managed shopping center. Further, the sidewalks, on-street parking spaces, and streets are publicly owned. The ability for business owners to utilize public parking spaces as parklets (see Attachment 3), does offer an opportunity for businesses to expand outdoors, but it also poses some safety concerns and potential liability for the City. Based on the City's discussion to date regarding establishment of the Temporary Emergency Use Permit program, the Downtown BID initiated a survey of their members to better understand downtown business needs as we enter a phased reopening of the local economy. Survey results reported by the Downtown BID indicate overwhelmingly strong support for instituting a temporary physical modification of the Main Street to accommodate social distancing requirements. • 54 businesses responded to the survey, which is the highest response rate that the Downtown City of Huntington Beach Page 7 of 9 Printed on 5/28/2020 powered,Leaistar— File #: 20-1664 MEETING DATE: 6/1/2020 BID has received for any survey that they have issued. • Of those that responded, 83.7% of respondents favored some type of temporary modification to Main Street to help facilitate / adjust to new social distancing rules for restaurants and retail operations. • The second block of Main Street was also identified as the most desirable Downtown location to explore a modification. Based on those survey results and informal discussions with the Downtown BID, staff is seeking City Council direction and authorization to engage with the Downtown BID to explore development of a pilot program located along the second block of Main Street during the current phased recovery. As staff has researched this item, we've identified that many other cities in the region are considering similar ideas, including the cities of Laguna Beach, Long Beach, and Manhattan Beach. All three of those jurisdictions is working with a firm called Choura Events to develop communal outdoor dining and retail environments within certain business districts. Based on that feedback, staff reached out to Choura Events, who prepared a slide deck that depicts a high-level concept that could be implemented on the Second Block of Main Street (Attachment 4). Should the City Council authorize engagement with the Downtown BID to explore a pilot program for the second block of Main Street during the phased recovery, staff will return at the June 15th City Council meeting with a detailed plan that addresses the following areas: • Traffic and Circulation: Analyze any impacts to Level of Service (LOS) on adjacent intersections and circulation in downtown; • Parking: Identify the number of parking spaces that will be taken out of service and potential mitigations, • Security Plan: Identify how the area will be secured to ensure the area is maximizing commerce opportunities; • COVID-19 Sanitation Plan: Identify sanitation measures to help prevent the spread of COVID- 19; • Public Art Opportunity: Identify ways to engage the local art community to beautify the area by providing exhibit areas to showcase work for sale and providing a stage area for performing arts; • A contract with Choura Design that outlines a menu of services and associated costs specific to Huntington Beach for City Council's consideration; • A Return on Investment analysis that projects anticipated revenue capture from the investment in a temporary Main Street promenade. Environmental Status: Establishing a Temporary Emergency Use Permit process during the COVID-19 pandemic is exempt from California Environmental Quality Act pursuant to CEQA Section 15061 (b)(3), which exempts projects where it can be seen with certainty that there is no possibility that the activity may have a City of Huntington Beach Page 8 of 9 Printed on 5/28/2020 powere�1j LegistarTM File #: 20-1664 MEETING DATE: 6/1/2020 significant effect on the environment. Directing staff to explore a pilot program to explore closing a portion of Main Street is not a project under CEQA as such exploration will not result in any effect on the environment. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. TEUP Outdoor Activity Criteria for Private Property 2. TEUP Application for Private Property 3. Concept Parklet Design 4. Concept Pilot Program City of Huntington Beach Page 9 of 9 Printed on 5/28/2020 powered LegistarTM Ft�'B CITY OF HUNTINGTON BEACH COVID-19 TEMPORARY EMERGENCY USE PERMIT OUTDOOR COMMERCIAL ACTIVITY PRIVATE PROPERTY CRITERIA The City of Huntington Beach would like to ensure businesses have the ability to operate safely and successfully during the COVID-19 economic recovery. In order to maintain social distancing and safety protocols and allow businesses to recreate some level of pre-COVID 19 capacity, the City is allowing flexibility in parking and other standards to permit businesses to operate outdoors on a temporary basis. This is a discretionary permit. Providing the information detailed in this memorandum and on the forms referenced herein is not a guarantee of permit approval. The City at its sole discretion may approve or deny the issuance of a permit. 1. Applicability • Private Sidewalks and Parking Lots. Businesses and religious institutions with access to private sidewalks and/or private parking lots may utilize portions of these areas for dining, retail sales, personal services, and curbside pick-up. • Uses and Businesses Identified by State and County Order can Operate. The uses and businesses that will be allowed to operate outdoors shall only be those that have been identified by the State and Orange County Health Care Agency. As the State and County expand the list of businesses that are allowed to operate, the list of uses that can operate outdoors in Huntington Beach will automatically expand accordingly. • Uses with Licenses or Approvals by Other Agencies. Businesses that are subject to operating under other licenses or agency approval (ABC, Cosmetology, Health Care Agency, California Coastal Commission, etc.) shall continue to be subject to those laws and/or operational standards. • Duration. The Temporary Emergency Use Permit does not confer any type of property interest and may not be construed as such. Permittee expressly agree that as a condition of receiving a permit, the City may terminate the permit at any time without any due process including notice or hearings. The Permit shall automatically terminate when: (a) the local emergency proclaimed on March 16, 2020, (as may be extended) is no longer in effect; or (b) the State and County allow resumption of normal and full commercial operations. Permittees expressly agree that as as a use or business is permitted to resume full and normal operations, they shall abandon outdoor operations, relocate back indoors, and restore outside areas to original conditions at their sole cost and expense. 153 2. Permit Process • Temporary Emergency Use Permit application. Please complete a Temporary Emergency Use Permit Application and return to the Planning Division. Your application will be reviewed for completeness upon receipt by the Planning, Building, Public Works, Fire, and Police Departments and responded to within two business days. Please email your completed applications and fully dimensioned site plans to: community.development@surfcity-hb.org . Be aware that hard copies submitted to City Hall require 24-hour quarantine, which may delay response. • Commercial Centers. If there are multiple tenants in a commercial center, it is highly encouraged that a Temporary Emergency Use Permit for an entire center be submitted by the property manager. Individual businesses within a plan approved for the center may then simply sign a Temporary Emergency Use Permit application and operate. Plans for the Center must comply with the provisions contained herein and the property manager shall be responsible for identifying the outdoor commercial activity area for each tenant. • Individual Uses and Businesses in Commercial Centers. If a Temporary Emergency Use Permit for the entire commercial center in which the individual use/business is located has not been approved, businesses in commercial centers may complete a Temporary Emergency Use Permit on an individual basis with approval of the property owner/manager. In this case, the temporary outdoor commercial activity area shall be limited to the sidewalk/plaza area directly in front of the store. The length of the outdoor commercial activity area shall be limited to the leasehold frontage and the depth will be dependent upon the required ADA and social distancing clearances. The temporary outdoor commercial activity for an individual use/business shall comply with all applicable provisions of these criteria. • Application Contents. In addition to a completed application, the Temporary Emergency Use Permit application shall include a fully dimensioned site plan showing: o The location of the outdoor commercial activity area(s) and pedestrian paths with social distancing measurements. o The vehicular and pedestrian circulation patterns, curb-side pick-up areas (if any), outdoor commercial activity areas by tenant, outdoor seating areas with seating/table plan and capacity clearly noted, pedestrian flow areas, any shade structures, proposed measures to secure outdoor use areas, and for controlling vehicle and pedestrian access to the area, and ADA path of travel. o The location of equipment such as wash stations and hand sanitizing stations, stations for staff set up and service, waste receptacles, and any storage containers. o The location of Fire protective equipment, fire lanes, and egress routes from buildings. 2 g:jj\teup Criteria052820 privateprop 154 o If area is enclosed with barriers, state the proposed occupant load and show the egress routes from the space. 3. Criteria for Temporary Outdoor Commercial Activity on Private Property a. Permitted Locations (General). • Temporary outdoor commercial activity may occur within private parking lots, plazas, and sidewalks when the safety criteria described herein is met. • The use of removable barriers to define outdoor commercial activity areas, seating areas, curbside pick-up areas, pedestrian paths, vehicular paths is permissible. There is no limitation as to the type of temporary barriers, but they must clearly serve the intended purpose and ensure public safety. • Removable barriers shall be not located in Fire Department access lanes, egress paths, or ADA pathways. b. Private Sidewalks and Plazas • Tenants may use the sidewalk or plaza directly in front of their business for temporary outdoor commercial activity as long as the egress and Americans with Disabilities Act (ADA) pathways are kept clear to the public way.The width of the outdoor commercial activity area shall not exceed the width of the frontage of the subject business. The depth of the outdoor commercial activity area shall depend upon the other required clearances described below. However, the property manager may approve alternative locations, lengths, and sizes of outdoor commercial activity areas for individual tenants in a Temporary Emergency Use Permit for the entire center. • Temporary outdoor commercial activity areas shall allow for at least a 4 ft. wide separation between the outdoor commercial activity area and any obstructions (note: some locations may require additional width if deemed a high pedestrian traffic area). • The temporary outdoor commercial area and/or pedestrian path shall be physically separated from pedestrian and vehicular paths and clearly demarked by durable and removable barriers. • The 4 ft. wide pedestrian path shall be measured from the outdoor commercial activity boundary to the curb face and other large obstructions (e.g. planters, utility boxes). No tables, or chairs, umbrellas or other fixtures shall be permitted within the pedestrian path. • Access to public utilities, building entrances/exits, ADA facilities, fire hydrants, fire department connections, or fire extinguishers shall not be obstructed by barriers or seating. c. Parking Lots • As approved for a commercial center, tenants may convert a portion of the parking lot near their business for temporary outdoor commercial activity. Individual tenants may 3 g:jj\teup Criteria052820 privateprop 155 not utilize private parking lots of a commercial center without a Temporary Emergency Use Permit approved first for the entire commercial center. • All parking areas used for commercial activity must be appropriately secured from vehicle entry and shall not prohibit adequate circulation within the open portions of the parking lot. Examples of such security measures to prevent vehicles from entering the seating or shopping area are cement or water barriers, temporary structures, or other means subject to City approval. • Up to 50% of off-site private parking in a center may be converted to outdoor commercial activity. • No parking for disabled persons may be repurposed —unless replaced and demarked elsewhere in the center. • Landscape areas shall not be used or converted for parking, outside seating, or commercial activities. • Vehicular paths and curbside pick-up areas must be clearly marked and signed to ensure pedestrian safety. • The marked fire lane shall not be obstructed at any time. Modifications to the fire department access lanes must be approved by HBFD. d. Tents and Other Shade Structures • Tents that are 10 feet by 10 feet in size or smaller may be erected in the approved outdoor commercial activity areas. Tents or shade structures that are larger than 10 feet by 10 feet in size must comply with Chapter 31 of the California Fire Code and will require a temporary operational permit from the HBFD. • If tents are staked, the parking lot must be repaired upon removal of the tent. • If not staked, all tent legs must be weighted by a minimum of 30 lbs. and weights must be securely attached to canopy roof and canopy leg separately. Items that make acceptable weights include: 5 gallon bucket full of water, sand, or concrete or sand bags. • Ropes and straps should be strong (bungee or rubber straps are prohibited). • Weights must be on the ground and not dangling. • Weights and lines must not pose a hazard and be clearly visible. • For maximum safety, do not leave tents unsecured at any time. • Heaters of any kind shall not be used under tents or umbrellas. • Smoking is prohibited under tents and shade structures. • Tents shall not have closed walls in place while open to the public and all sides should be open for airflow. • For tents and other shade structures over 700 sq. ft. in area, a permit application must be obtained from the Fire Department and all tents shall be inspected prior to use. 4 g:jj\teup Criteria052820 privateprop 156 e. Operational Criteria • The hours of operation of the temporary outdoor commercial activity area for all business types shall be restricted to between 7:OOAM — 10:00 PM only, including all daily set-up and break-down activities. • Vehicular circulation/access lanes and all fire access roads must be kept clear at all times. • Driveways must be kept clear at all times to prevent cars from stacking into streets. This may require that parking lot monitors be employed by the business and/or commercial center. • Temporary banners advertising the business may be permitted in conjunction with Temporary Emergency Use Permit. One banner per tenant and three banners for the commercial center shall be allowed. The maximum size shall be: 45 square feet in area and 3 ft. by 15 ft. Banners shall be located on the temporary outdoor commercial activity area for the tenant. Banners for the commercial center may be allowed within the perimeter landscaped area but not within the corner/intersection visibility areas. • There is no limit on directional and safety signage (e.g. one way, exit only, maintain social distancing, etc...) that does not contain advertisements. • Space heaters are permitted if they are an outdoor approved type, are located in accordance with the manufacturer's recommendations, and are at least five (5) feet from the edge of any umbrella canvas, any foliage, or any other flammable object or material. Space Heaters shall not be located within a tent or membrane structure and shall comply with the setback requirements stated below. o "Five Foot" Rule for heaters CFC § 603.4.2.1 ■ Heaters shall not be placed closer than 5 feet from buildings. ■ Heaters shall not obstruct the clear path of exits and must be at least 5 feet from exit or exit discharges. ■ Heaters shall maintain a minimum of 5 feet clearance from any combustible material (e.g., umbrellas, sunshades, awnings, or similar attachments) • No heating, cooking or open flames are permitted in the outdoor commercial activity area. • Tents, umbrellas and other decorative material shall be fire-retardant, pressure-treated or manufactured of fire-resistant material. No portion of an umbrella shall be less than six (6) feet, eight (8) inches (eighty (80) inches) above the sidewalk. • No outdoor amplified noise or live entertainment shall be permitted. • The business and property manager shall be responsible for cleaning up trash as needed but at a minimum of two times per day. • Keep it simple. Limit visual clutter (banners, flags, signs, etc.) so public can easily figure out how to access the pick-up areas. 5 g:jj\teup Criteria052820 privateprop 157 f. Outdoor Seating • Maintain a 6 ft. separation between each table, including chairs. • If people are at a table together, they do not need to be 6 ft. apart. Each table grouping needs to be 6 ft. from other tables measured from the back of each chair, chair-to-chair. • Identify the total capacity of each outdoor area; the maximum number of customers or patrons permitted within the outdoor seating area shall be based on available seats; there shall be no standing permitted. • The total capacity of dining areas shall not exceed the total interior maximum number of seats pre-COVID. For example, if a restaurant was limited to a maximum of 12 seats prior to the pandemic, the total seating capacity of both indoor and outdoor seating areas shall not exceed 12 seats. g. Alcoholic Beverages • Prior to sales, service or consumption of alcoholic beverages the business shall have a valid ABC license. Businesses must only serve what is allowed on their current license type. • Restaurants not currently permitted to sell alcohol will not be affected by this program. • When the temporary stay-at-home orders have been lifted in Orange County by the State, a Copy of the completed COVID-19 Temporary Catering Authorization application that has been approved by ABC (available here: littps://www.abe.ca.gov/fourth-notice-of- regulatory-relief/) shall be submitted. • Alcohol may only be served in conjunction with food service in outdoor areas. • Only an employee, and not a patron, will be permitted to carry an alcoholic beverage from the interior portion of the premises to said outdoor area, or from said outdoor area to the interior portion of the premises. • Plastic cups only, no glasses or glass bottles allowed in the temporary outdoor dining area. • A sign shall be posted in a conspicuous space at the exit point in the outdoor area, which shall state "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." • The outdoor area shall have a physical barrier of no less than 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol through the barrier. • All areas where the sales, service, and consumption of alcoholic beverages will be permitted must be sufficiently illuminated to permit the identification of patrons. • All owners, employees, representatives, and agents must obey all state, local, and municipal laws, and conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provisions, or restrictions prescribed by a regulatory authority with jurisdiction over the premise at all times. 6 g:jj\teup Criteria052820 privateprop 158 4. Business Responsibilities for Outdoor Commercial Activity • It shall be the responsibility of the business and/or property manager to maintain and secure the removable barriers per the approved plans and all materials located inside the commercial outdoor activity areas. • Maintenance (daily upkeep, litter cleanup, etc.) associated with business operations shall be the responsibility of the business and/or property manager. • Permittee shall carry at all times incident hereto, on all activities to be performed in the Permittees Area as contemplated herein, general liability insurance, including coverage for bodily injury, and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to City in its commercially reasonable discretion. Said insurance shall name City, its officers, agents and employees as additional insureds. In the event of aggregate coverage, Permittee shall immediately notify City of any known depletion of limits. Permittee shall require its insurer to waive its subrogation rights against City and agrees to provide certificates evidencing the same. Prior to accessing and using the Permittee Area pursuant to this Agreement, Permittee shall furnish to City certificates of insurance subject to approval of City evidencing the foregoing insurance coverages as required by the Permit; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to City. Permittee shall maintain the foregoing insurance coverages in force until the Permit is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of Permittee by Permittee under the Permit. City or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. A separate copy of the additional insured endorsement to each of Permittee's insurance policies, naming City, its officers, agents and employees as additional insureds shall be provided to City for approval prior to accessing the License Area pursuant to this Permit. • The Temporary Emergency Use Permit is not effective unless it is signed by the applicant indicating and acknowledging his/her understanding of the conditions imposed therein. • By signing and accepting the Temporary Emergency Use Permit, the applicant accepts the benefits conferred by the permit subject to the conditions imposed therein. By accepting the right to operate pursuant to the Temporary Emergency Use Permit, the applicant waives all rights to challenge any condition imposed as unfair or unreasonable. • The applicant understands that there are inherent safety concerns when operating outdoors, especially in a parking lot, and by signing the Temporary Emergency Use Permit the applicant agrees protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with Permittees (or Permittee's subcontractors, if any) use of the Permit or its failure to comply with any of its 7 g:jj\teup Criteria052820 privateprop 159 obligations contained in the Permit by Permittee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. Permittee will conduct all defense at its sole cost and expense and CITY shall approve selection of Permittee's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Permittee. This provision shall survive termination of this Permit. • The city is not responsible for any damages or loss of equipment installed pursuant to an approved Temporary Emergency Use Permit. 5. Revocation • The Temporary Emergency Use Permit does not confer any type of property interest and may not be construed as such. Permittee expressly agree that as a condition of receiving a permit, the City may terminate the permit at any time without any due process including notice or hearings. The Permit shall automatically terminate when: (a) the local emergency proclaimed on March 16, 2020, (as may be extended) is no longer in effect; (b) the State and County allow resumption of normal and full commercial operations; (c) the installation represents a danger to the health, safety or general welfare of the public; or (d) a business violates the requirements of a Temporary Emergency Use Permit. • Permittees expressly agree that as a use or business is permitted to resume full and normal operations, they shall abandon outdoor operations, relocate back indoors, and restore outside areas to original conditions at their sole cost and expense. • The applicant shall comply with all federal, state, and local laws. Violations of any of those laws in connection with the use will be cause for revocation of this Temporary Emergency Use Permit. 8 g:jj\teup Criteria052820 privateprop 160 F-E CITY OF HUNTINGTON BEACH TEUP# COVID-19 TEMPORARY EMERGENCY USE PERMIT OUTDOOR COMMERCIAL ACTIVITY PRIVATE PROPERTY APPLICATION BUSINESS NAME: ADDRESS: APPLICANT NAME: CONTACT PHONE NUMBER: APPLICANT EMAIL: BANNERINCLUDED? YES NO TEMPORARY USE PERMIT FOR CENTER APPROVED? YES NO This is a discretionary permit. Providing the information detailed in this form is not a guarantee of permit approval. The City at its sole discretion may approve or deny the issuance of this permit. APPLICATION REQUIREMENTS SEE ALSO: TEMPORARY EMERGENCY OUTDOOR ACTIVITY CRITERIA (ATTACHED) INITIAL 1. Letter of authorization from property owner/manager on letterhead. 2. If a Temporary Use Permit Application has already been approved for the center in which you are located, initial here, attach the approved plan, and skip to#8. 3. A dimensioned site plan showing the location of the outdoor commercial activity area(s) and pedestrian paths with social distancing measurements. 4. For a commercial center: a dimensioned site plan that depicts vehicular and pedestrian circulation patterns, curb-side pick-up areas (if any), outdoor commercial activity areas by tenant, outdoor seating areas with seating plan and capacity clearly noted, pedestrian flow areas, equipment such as wash stations and hand sanitizing stations, stations for staff set up and service, waste receptacles, storage containers, and a plan for controlling vehicle and pedestrian access to the area. 5. Depict location of temporary banners (business and/or center)—see attached Criteria for allowances. 6. Evidence of general liability insurance in the amount of $1,000,000 and an endorsement naming the City of Huntington Beach as an additional insured—see detailed requirements in attached Criteria 7. Fire permit obtained. The HBFD will determine when an operation fire permit is required upon review of the site plan. 8. Copy of City of Huntington Beach business license. 9. If alcohol is to be served outside,the ABC license has been obtained. 10. See all details in attached Temporary Emergency Outdoor Activity Criteria 11. The Temporary Emergency Use Permit is not effective unless it is signed by the applicant indicating and acknowledging his/her understanding of the conditions and criteria imposed therein. 12. By signing and accepting the Temporary Emergency Use Permit, the applicant accepts the temporary benefits conferred by the permit subject to the conditions imposed therein. By accepting the right to operate pursuant to the Temporary Emergency Use Permit, the applicant waives all rights to challenge any condition imposed as unfair or unreasonable — see additional details in attached Criteria. 161 13. The applicant understands that there are inherent safety concerns when operating outdoors, especially in a parking lot, and by signing the Temporary Emergency Use Permit the applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of the Temporary Emergency Use Permit—see additional details in attached Criteria. 14. The site plan dated shall be the approved layout for the temporary outdoor commercial activity. I, (Print Name of Business Owner), owner of (Print Name of Business), have read, understand, and will comply with all provisions of Temporary Emergency Outdoor Commercial Activity Criteria on Private Property (Attached). I understand that this permit will expire at the end of the local emergency or as otherwise described in the attached Criteria. APPLICANT SIGNATURE PRINT NAME-'___ DATE CITY USE ONLY NOTES AND SPECIAL CONDITIONS Approved By: Fire Department: Name _ Date Public Works Dept: Name Date Police Department: Name Date Building Division: Name Date Planning Division: Name Date AUTHORIZED BY PERMIT NUMBER DATE 162 cn ct �_ 0 �Q w O Q QU J I J m >J LL L LLJ ~ uj O Q °0 CO Lf : w w U Q:� � Q E— w f i i t f I f 6 Itts A IN r , Mil S OF , HU-N N:" N V BEA�C-H ' MAIRSTROTR' ' EOPENING PLAN o z O FRESk AS OF MAY 26. 2020 r° LET ' S EAT ! Choura is on a mission to help the world gather again,safely.Our solution: reasonably priced,rapidly deployed community spaces and dining extensions for local restaurants. i Few social activities unite people the way dining experiences have over the L centuries.Studies suggest that communal eating increases social bonding and �i feelings of wellbeing,and enhances one's sense of contentedness and immersion within the community.So,how do we unite local restaurants to create a hub where the city can come together to enjoy good food? , OBJECTIVES 1. Design an outdoor space that generates buzz within the city to draw people together 2. Instill a sense of community and authenticity by designing spaces to reflect the local character 3. Stimulate local businesses by providing solutions through increased capacity 4. Allow the community to shift focus from worry to a safe experience that acts as a destination Doc►[dQi U1 Wt�Fkgw* ^^7 wT It 111 t' am Trey Prmtoa w d UMI WIN 5taow caw✓ Art&Partwm Prx)ret Ba�r+dary Dock ✓" R6nXxaWw 8otlatrt*psr ff Firs Dopt..RW a r�wnts Artist Raging Paint within No Lwnw, 20'mairimum WOW �xex "*This is a design crafted by SWA that we are implementing in the city of Laguna Beach. This is an example of what we could do in Huntington Beach Am N G 00000!::,o; i R F � Ll G a� , ®, \ ? /» »w - ■ . . � fw ASHLYN DINNING SET ASHLYN DINNING SET CHARLIE DINNING SET BISTROTABLE SMALL LARGE *BENCH -- f r-P RECLINING CHAIR-OUTDOOR BISTRO LIGHTING MARKET UMBRELLAS ADIRONDACKCHAIR *NATURAL/WHITE l;'ANTJSiY!SASE MULTIPLE COLORS NATURAL OR WHITE Si ' 4 a r Fr- .g -a- AMPERJC-HDURAEVENTS.CG A4 TEMPORARY EMERGENCY USE PERMIT OUTDOOR COMMERCIAL ACTIVITY fI� City Council Meeting June 1 , 2020 SUPPLEMENTAL COMMUNICATION MY +w..wnm;��i( Zr ��v� `�� REQUEST May 18, 2020 Brenden and Posey H-Item Develop program to temporarily allow conversion of adjacent public and private spaces into outdoor dining areas for F^ restaurants and retail businesses Provide regulatory framework to allow quick expansion during Local Declaration of Emergency Authorize CM to allow Temporary Emergency Use Permit for outdoor business expansion Authorize CM to allow temporary signs and banners g Forego all processing fees 1 � ► - - l _ ' P Provide direction to engage with DTBID to explore Pilot Program in downtown to develop communal outdoor space Return with operating details on June 15 REOPENING State of CA and County of Orange Phased approach to reopening 0000 City efforts U I HU"W'"TMGTON Ensure restaurants and businesses operate safely and C H successfully OPEN FOR Maintain social distancing and recreate some level of pre- COVI D capacity BUSINESS Allow flexibility in parking and signage surrvivull corvapen Assist businesses to rapidly respond and aid economic recovery Two day turnaround No fee TEMPORARY EMERGENCY USE PERMIT Applicability Sidewalks and parking lots Dining, retail sales, personal services, institutional, and curbside pick-up Apply 0 Businesses identified by the State and County Order FREE ', Abide by licenses or approvals by other agencies —ABC, OC Health Care, Cosmetology Terminates at end of local emergency DOWNTOWN PILOT PROGRAM Challenge: Continuous shopfronts with multiple property owners and sidewalks, parking spaces and streets are public Parklets Communal Dining Areas 441 r 2" BENCH CONCEPT BEAM AND PLANK OVERHEAD SHOT PARKLET OVERHEAD DOWNTOWN BID SURVEY 54 business responded to the survey � � V 83.7% of respondents favored some type of temporary modification to `` , Main Street to facilitate social distancing -.� I` " 6w Second block of Main Street was identified as most desirable location to f explore a modification - COMMUNAL DINING/ RETAIL CONCEPT � ' oir�+o oKt P4Max Fit tr"at No Mae a.a. " tSwt fdq.RNI(Art[Nrrtrrtt-� CN.ouwq S.M wan teMrM rn0 irp PtollecOon) 17A .7 gp" r 514Ww Cwa b1 6 Ntrtor No Dock , Woiart Ra.nduy r/0 Rommada Bollard"PM --- 5tnry}1pltt" tAar[Nltdta� taa Dap1 RpuMahartb Arun t Pawing Rpm wafer+Fit la». pact N naromum trtCtn. "Th,s is a design crafted by 5WA that we are implementing in the city of Laguna Beach. This is an example of what we could do in Huntington Beach RECOMMENDATION Recommend: CM/ Designee to issue Temporary Emergency Use Permit (TEUP) for outdoor commercial activity CM/ Designee to issue Temporary Sign/Banner Permit in conjunction with TEUP No fees associated with TEUP or Temp Sign/Banner Permit Direct staff to engage with Downtown BID on possible Downtown Pilot Program Next Steps Staff to coordinate with Downtown BID and stakeholders Return June 15t" with detailed plan AL PW QUESTIONS XMF